HomeMy WebLinkAbout19.b. Receive overview and conduct a Recycled Water Policy discussion Page 1 of 48
Item 19.b.
CENTRALSAN
Jdf A- hom
CENTRAL CONTRA COSTA SANITARY DISTRICT
August 5, 2021
TO: HONORABLE BOARD OF DIRECTORS
FROM: MELODY LABELLA, RESOURCE RECOVERY PROGRAM MANAGER
REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE OVERVIEW AND CONDUCTA RECYCLED WATER POLICY
DISCUSSION
In response to a request from the Real Estate, Environmental & Planning (REEP) Committee for Board of
Directors (Board) policy guidance on the types of recycled water projects that Central San should pursue,
staff has prepared the attached presentation (Attachment 1) as background to assist the Board in
determining any new direction to staff regarding proceeding with the development of recycled water
projects that may use Central San's wastewater supply.
As the Board's current Recycled Water Policy (Attachment 2) does not provide specific guidance on the
prioritization of new recycled water projects, staff is seeking confirmation that the Board would like to
continue with recycled water project commitments made by the Board in the past, including the following:
1. Concord Community Reuse Project (CCRP) Will-Serve Letter-this August 2009 letter (Attachment 3),
executed by prior Central San Board President, Jim Nejedly, was addressed to the Board President of
Contra Costa Water District (CCW D) and the mayor of the City of Concord and affirmed Central San's
commitment to provide recycled water to the CC RP, which will redevelop the Concord Naval Weapons
Station.
2. Refinery Recycled Water Exchange Project Preliminary Feasibility Evaluation Memorandum of
Understanding (MOU) -this MOU (Attachment 4) between Central San, CCW D and Valley Water was
originally executed in April 2018 and is currently in the process of being extended, by the three partner
agencies, to June 30, 2022.
3. Diablo Country Club (DCC) MOU -this 2015 MOU (Attachment 5) between Central San and DCC for
collaborative investigations and preliminary implementation of the DCC Satellite Recycled Water
Treatment Plant Project superceded a 2012 MOU between East Bay Municipal Utility District (EBMUD),
Central San and DCC for a preliminary investigation of the project, memorialized Central San's continued
support for the project, documented Central San's role as California Environmental Quality Act (CEQA)
Lead Agency, and contemplated negotiation of a future agreement between the two entities as the
project's details developed further.
August 5, 2021 Regular Board Meeting Agenda Packet- Page 180 of 262
Page 2 of 48
4. Moraga Country Club Homeowners Association (MCCHOA) MOU -this 2016 MOU (Attachment 6)
between EBMUD, Central San and MCCHOA was executed to support the preliminary investigation of a
satellite recycled water treatment facility at MCCHOA with Central San's responsibility being to provide
information and coordination on localized wastewater and access to a sewer connection point.
I n addition to these existing commitments, and in light of a recent request from the Golden Rain
Foundation on behalf of the Rossmoor community in Walnut Creek, staff is also seeking direction on the
Board's interest in executing future MOUs for additional Satellite Water Recycling Facility projects.
If the Board would like to take policy action as a result of this discussion, staff will bring any such item(s)
back to a future Board meeting for consideration.
Strategic Plan Tie-In
GOAL TWO: Environmental Stewardship
Strategy 3—Support regional development of local water supply
ATTACHMENTS:
1. Presentation
2. Current Recycled Water Board Policy BP 019
3. CCRP Will-Serve Letter
4. Refinery Recycled Water Exchange Project MOU
5. DCC MOU
6. MCCHOA MOU
August 5, 2021 Regular Board Meeting Agenda Packet- Page 181 of 262
ATTACHMENTel of 48
4 c
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CENTRAL SAN RECYCLED WATER
POLICY DISCUSSION
Melody LaBella, P.E.
Resource Recovery Program Manager
Board Meeting
August 5, 2021
1
PRESENTATION OUTLINE
1 . Review of Central San's Water Recycling Efforts
2. Central San's Board of Directors (Board) Recycled Water
Initiatives
3. Constraints Associated with Recycled Water
4. Summary of Current Commitments
5. Policy Questions
6. Questions/Discussion/Direction
CFNTPAI SAN
Iz
August 5, 2021 Regular Board Meeting Agenda Packet- Page 182 of 262 1
Page 4 of 48
1 . REVIEW OF CENTRAL SAN'S WATER
RECYCLING EFFORTS
CENTRAL SAN
1 3
..
ORIGINAL REFINERY PROJECT FACILITIES
• � by ,ti' �^' -?�'�/�i �`+ s
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• Forebays and Applied Water Pumps " •° «sew
fs
• Filter Plant �, , :.� _ro,w.• _`.�s�_ � k: �
• Clearwell Status: Project was constructed, but never moved
• Conveyance Facilities forward.
• Distribution Storage Tanks
' a
CFNTPAISAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 183 of 262 2
Page 5 of 48
CENTRAL SAN'S ZONE 1
RECYCLED WATER PROGRAM
• Central San owns and operates a 14-mile recycled
water distribution system called "Zone 1."
• Zone 1 has —50 metered customer connections.
Him
• In 2020, Central San sold —217 million gallons of
recycled water, primarily for landscape irrigation.
e
• Central San's Wastewater Treatment Plant uses
about 1 million gallons per day (MGD) of recycled
water.
Comma tow �, 6.n Rain°n
CFNTPAt SAN
D c.n ea,w.row N..ora
s
ZONE 1 RECYCLED WATER DISTRIBUTION SYSTEM
DETAIL
AREA
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Facrciae YrweCYMman
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—CENTRALSAN ,�� .� ' ccc so Reereba NRler srelem f 6
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August 5, 2021 Regular Board Meeting Agenda Packet- Page 184 of 262 3
Page 6 of 48
ZONE 1 PIPELINE CUSTOMERS
•Contra Costa Country Club Golf Course
•Buchanan Fields Golf Course
•Diablo Valley College
•Mt. Diablo Unified School District
•Pleasant Hill Recreation and Park
District
•Contra Costa County;
•Business in the Diamond Blvd. area
of Concord _
•Coco San Sustainable Farm '
CENTRALSAN
COMMERCIAL TRUCK FILL PROGRAM
• Provides recycled water to licensed contractors
for construction activities such as dust control,
soil compaction, and plant establishment.
• Contractors can access recycled water via
purple fire hydrants or from Central San's
Commercial Fill Station.
• The first 100,000 gallons of recycled water
provided through this program is free of charge.
l
One of Central San's three hydrants(left)and a portable meter(middle)that contractors can
use to obtain Central San's recycled water. Central San's Fill Station(right). '
CENTRALSAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 185 of 262 4
Page 7 of 48
RESIDENTIAL FILL STATION
The Residential Fill Station
Program allows central Contra
Costa County residents to
pick-up up to 300 gallons per
trip of recycled water, free of
charge, at our Household
Hazardous Waste Collection
Facility in Martinez for hand-
watering lawns, landscaping,
and gardens.
CENTRALSAN
' 9
DUBLIN SAN RAMON SERVICES DISTRICT - EAST BAY
MUNICIPAL UTILITY DISTRICT RECYCLED WATER
AUTHORITY (DERWA) TEMPORARY DIVERSION
16
22
A -t -11
/•oX5111 •} 4
, y Ramon.P,,S.
M30 22 - � .
23
yy �G
August 5, 2021 Regular Board Meeting Agenda Packet- Page 186 of 262 5
Page 8 of 48
GUIDING PRINCIPLES FOR CENTRAL SAN'S
AGREEMENT WITH DERWA
1 . No Adverse Financial Impact to Central San
2. No Adverse Financial Impact to Concord and Clayton
3. Consistency with Existing Bond Covenants
4. Consistency with Proposition 218
5. Community Acceptance
6. Temporary Nature
7. Mitigation of Technical and Operational Impacts
8. Benefits to Central San Customers
9. Facilitate a Sustainable Solution to the Region's Water
Supply Shortage
CENTRALSAN
2. CENTRAL SAN'S BOARD
RECYCLED WATER INITIATIVES
Aim 12
CENTRAL SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 187 of 262 6
Page 9 of 48
CONCORD COMMUNITY REUSE PROJECT
2.1 MGD By 2035 To 6.3 MGD AT BUILDOUT 2040+
• Redevelopment of the
Concord Naval Weapons
Station
• Will serve letter provided
..,. by Board in 2009
Development to be
..,P.a...�---- y�.• located both within City
of Concord and Central
San services areas
Concorbkj
d
unity Reuse Pian • Central San to produce
Comm
the recycled water and
wholesale it to Contra
Project Status: On Holdzy' �\CONTRA COSTA Costa Water District
pending selection of a new WATER DJSTRICT (CCWD)
CCWD responsible for
master developer by City �
sale and distribution of
of Concord recycled water
' 13
CENTRALSAN
SATELLITE WATER RECYCLING FACILITIES (SWRFS)
• Diablo Country Club (DCC)
• MOUs executed in 2012 and 2015
• Requesting Demonstration Project status
• Moraga Country Club Homeowners
Association
• MOU executed in 2016 -
• Others?
• Recent request from Rossmoor
• —Ten other golf courses in Central San's
service area
- I
CFNTPAI SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 188 of 262 7
Page 10 of 48
RECYCLED WATER WHOLESALE OPPORTUNITIES STUDY
• The study's objective was to understand
the water market and demand for Central Esc
San's potential supply of recycled water. Recycled Water WhttieSOie ppp�gtunttie9
Centra]Contra Costa sanitary District
• In 2015, the REEP Committee provided the Board Mwmg
following guidance on the study: 2016
• Favor projects with year-round recycled
water demand.
• Favor a small number of large projects RMC Water and Environment(now Woodard
over many small projects. and Curran)was hired by Central San to
complete the study.
• The following slides are excerpts from a
presentation provided to the Board in
February 2016.
CENTRALSAN
Overview Map of Potential Opportunities
,rsF
LEGEND
CCCSD WWTP
EBMUD Aqueduct
CCWD Canal
DSRSD Facilities • • l
CVP/SWP r —
Facilities
August 5, 2021 Regular Board Meeting Agenda Packet- Page 189 of 262 8
Page 11 of 48
Market Assessment
Indirect Potable(IPR) Direct Potable .P
• CCWD Canal • EBMUD Mokelumne • EBMUD Mokelumne
• Local Golf Courses Aqueduct#1 or#2 Aqueduct#1,2,or 3
• Local refineries • EBMUD San Pablo • CCWD Mallard Reservoir
• Export to Ag— Reservoir Bollman WTP
Delta Mendota • EBMUD Briones Res.
Canal(DMC) • EBMUD Upper San
• Export to DERWA Leandro Res
• Export to Delta • Lafayette Reservoir
milk iablo Los Vaqueros Reservoir
Wastewater • CCWD Clayton
groundwater recharge
FSend San Ramon • DSRSD groundwater :,F-veeenea-:ratei
Pump Station to recharge
DSRSD
t
RMC 17
1Recycled Water to Refineries
• Utilizes existing infrastructure
• 20 mgd demand
August 5, 2021 Regular Board Meeting Agenda Packet- Page 190 of 262 9
Page 12 of 48
Alt #2 Recycled Water to DIVIC
Approximately 40 miles to tr
CVP pump facility
Could potentially utilize all
CCCSD's effluent
Augment - • • Supplies
Bay Area Regional
Reliability Partners (BARR)
• CCWD
EBMUDk,l,.iw+,. .-..
San Francisco PUC
Alameda Co. WD
Santa Clara Valley WD
rnR�
Zone 7
Marin Municipal WD
Bay Area Water Suppliers
& Conservation Agencies
(BAWSCA)
;rY DSRSD
August 5, 2021 Regular Board Meeting Agenda Packet- Page 191 of 262 10
Page 13 of 48
Recommended Next Steps from Wholesale Opportunities Study
Ek-
Initiate Discussions to Continue Evaluation
Refinery RW exchange with CCWD for raw water
IPR/DPR augmentation through EBMUD
San Luis Delta Mendota Water Authority & Reclamation (Agriculture)
Regional Reliability Partners
IPR/DPR as a local reliable supply alternative
CCWD
Would serve as a critical partner in all alternatives through exchanges
REFINERY RECYCLED WATER
EXCHANGE PROJECT CONCEPT
Martinez
Refineries .
s4ap�y Los Vaqueros
Reservoir LOSE
VAQUEROSMU
RESERVOIR M
EJ(PA PROJECT
i
Transfer-BethanyValley Wdter
Contra Costa Pipeline South Bay
(Santa Clara
Water District (proposed) Aqueduct Valley Water
(CCWD)
District)
August 5, 2021 Regular Board Meeting Agenda Packet- Page 192 of 262 11
Page 14 of 48
MEMORANDUM OF UNDERSTANDING (MOU)
On April 30, 2018, a three-way MOU was executed
between Central San, CCWD, and Valley Water to conduct
a Preliminary Feasibility Evaluation of the Refinery
Recycled Water Exchange Project.
On July 3, 2019, Amendment 1 was executed, extending
the termination date to June 30, 2020.
On June 22, 2020, Amendment 2 was executed, extending
the termination date to June 30, 2021 .
The three partner agencies are currently working to extend
the termination date to June 30, 2022.
' 23
CENTRALSAN
WORK PLAN DEVELOPED
JUNE 2018
Central San, CCWD, and Valley Water staff collaborated to
develop a Work Plan called for in the MOU
Tasks included:
Review and update costs Central San previously developed to
provide recycled water for refinery use
B. Review refinery water quality requirements
C. Evaluate/estimate the project's yield
D. Develop updated cost estimates
E. Allocate costs, based on beneficiary pays
F. Final report
. io .
CENTRALSAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 193 of 262 12
Page 15 of 48
WATER EXCHANGE PROJECT - NEXT STEPS
Extend the termination date of the current MOU to June 30, 2022
Presentation to Valley Water's Recycled Water Committee on
July 28, 2021
Finalize the cost allocation
Complete the Preliminary Feasibility Evaluation Report
Meet with the US Bureau of Reclamation?
Determine if the project will proceed to a more-detailed
Feasibility-level Evaluation
CENTRALSAN
3. CONSTRAINTS ASSOCIATED WITH
RECYCLED WATER
CFNTPAI SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 194 of 262 13
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CONSTRAINTS ASSOCIATED WITH RECYCLED WATER
A. Water Service Duplication Laws
B. Cost and Cost Recovery
C. Preference for Large Recycled Water Users
D. Seasonal vs. Year-round Recycled Water Demand
E. Finite Volume of Wastewater in Dry Months
CENTRALSAN
A. WATER SERVICE
- -, - DUPLICATION LAWS
The water agencies within
Central San's Service Area have
purveying rights over the
41
distribution of water:
• East Bay Municipal Utility
-- District (EBMUD)
b • Contra Costa Water District
(CCWD)
• City of Martinez
v • Dublin San Ramon Services
District (DSRSD)
CFNTPAISAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 195 of 262 14
Page 17 of 48
'AYSRECYCLED OATERNE I PROJECT `,Ow EXAMPLE WITH C C W D — ZONE 1
cE.ML 0m 1 carr•
eao y_ SaNl rlFn rP[srN[cr
M�RTIINEZ • A 1996 Agreement between Central
_..,4_ N; "'
San and CCWD allows Central San to
distribute and sell recycled water in a
specific area of CCWD's service area.
Ealy. , a
CONCORD
i
PLEASANT . 5 ' ,I All&i
-i�`
HILL � � '
kw CONTRA COSTA
WATER DISTRICT
rr [ —
r
WALNUT
CREEK
24
29
rdVIEW.M.M.
B. COST AND COST RECOVERY
• Production and distribution of recycled water is
expensive.
• Advanced tertiary treatment facilities are required.
• Distributing recycled water to homes and parks requires
underground piping.
"Wastewater is the • New recycled water regulations are very stringent on
last new water supply monitoring requirements.
in California."
• Beneficiary pays.
• Central San's Board has requested that future
recycled water projects be cost-neutral to ratepayers.
Water 4.0
0-id s.&A
30
CFNTPAI SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 196 of 262 15
Page 18 of 48
C. PREFERENCE FOR LARGE
RECYCLED WATER USERS
• Central San's Board previously indicated a preference for
projects with large recycled water demands over projects
with small recycled water demands.
REFINERY RECYCLED WATER
EXCHANGE PROJECT CONCEPT
XNMnIn
..,�..
. Aq . �
t
D. SEASONAL VS. YEAR-ROUND
RECYCLED WATER DEMAND
• Projects with year-round demand maximize Central San's potential
opportunity to supply recycled water.
• California Senator Hertzberg has attempted several pieces of
legislation to ban wastewater discharges to the ocean/bays.
• Zero discharge is very challenging because supply and demand are inverted.
• There is no feasible means to store on-site (EBMUD or CCWD reservoirs would
require a higher level (potable reuse) of treatment).
• Central San's Board has favored projects with year-round over
seasonal recycled water demand (limited to dry season recycled water demand (limited to dry season capacit��
'32
August 5, 2021 Regular Board Meeting Agenda Packet- Page 197 of 262 16
Page 19 of 48
E. FINITE VOLUME OF WASTEWATER IN DRY MONTHS
• Seasonal recycled water demand is highest when WATER SUPPLY VERSUS WATER DEMAND
influent wastewater flows are at their lowest.
• Commitment to recycled water projects is governed
by dry-season capacity.
• Other factors may further reduce dry-season o-.. ___. ___
wastewater supply in the future.
• Governor can issue orders for water conservation during droughts.
• Senate Bill 606 (Hertzberg)and Assembly Bill 1168 (Friedman)
require reduction in indoor water consumption.
• Current proposal by Department of Water Resources is 47 gallons per
person per day(gpcd)by 2025 and 42 gpcd by 2030.
• Use of home gray water recycling is increasing.
Central San's Board has favored projects with year-
round demand over seasonal use of recycled water,
limited to dry-season capacity.
33
CFNTPAt SAN
4. SUMMARY OF CURRENT COMMITMENTS
34
August 5, 2021 Regular Board Meeting Agenda Packet- Page 198 of 262 17
Page 20 of 48
CURRENT COMMITMENTS
• Plant Utility Water
• Zone 1
• DERWA Diversion (Temporary)
• Concord Community Reuse Project (Naval Weapons
Station Redevelopment) — Will Serve Letter
MOUS:
• Refinery Recycled Water Exchange Project
• Diablo Country Club SWRF
• Moraga Country Club Homeowners Association SWRF
i
CURRENT CENTRAL SAN RECYCLED WATER INITIATIVES
Treatmen
Pla ' V: Suisun Bay Discharge
✓� -J Plant liter Plant Advanced r"<0-. Refinery Recycled
t Utility & Treatment �
Water Clearwell Facilities �® Water Exchange
• ; Project I
{ Martinez
.y •.._ f
`ALJ zone 1 �j/ vI Refineries
Ak
y A�
Rec cled
Water I
I
Diversion by Golf Temporary . ••� w +•'•
Co.rses: Diversion by :•Contra Costa (Santa Clara
• Diablo Country Club DERWA �• Watjer District Valley Water
• Mora aCount Club (y �CWp --- ---- --------- ---- District)
--- --
Concord
CommunitL
Reuse Project
CENTPALSANI
August 5, 2021 Regular Board Meeting Agenda Packet- Page 199 of 262 18
Page 21 of 48
FUTURE WASTEWATER SUPPLY VS. RECYCLED WATER DEMANDS
38 MGD' Utility Water-1.4 MGD
Zone 1-3.6 MGD
Concord Community
Reuse Project"-6 MGD
Refinery Recycled
Water Exchange
Project- 40M D
Projected 2035 average dry 24 MGD+4 MGD of
weather flow during drought effluent for Reverse
"Assumes full project build-out Osmosis(RO)
Concentrate Dilution
Note:This assumes DERWA's
temporary diversion of 1 MGD
has stopped. Diablo country Club-0.5 MGD
0 Moraga Country Club—0.5 MGD
CENTRALSAN
5. POLICY QUESTIONS
f 38
CFNTPAL SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 200 of 262 19
Page 22 of 48
POLICY QUESTION #1
• Should staff continue in accordance with the previous Board
direction given regarding the commitment to serve the Concord
Community Reuse Project?
• Central San will be the producer/wholesaler and CCWD will be the
distributor/retailer.
• Serving the project requires a commitment of approximately 2 MGD of
dry-season recycled water supply to the first phase of the development
by 2035 and up to 6.3 MGD of dry-season recycled water supply for
the ultimate build-out of the development in 2040+.
• Producing the recycled water will require an additional Filter Plant
infrastructure project (Phase 2 project to be financed by the others).
'39
CENTPAL SAN
POLICY QUESTION #2
• Should staff continue in accordance with the previous Board
direction given regarding continuation of the Refinery Recycled
Water Exchange project?
• This project has an active MOU until June 30, 2022, which includes:
• Finalizing the cost allocation.
• Completing the Preliminary Feasibility Evaluation Report.
' -me
CFNTPAISAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 201 of 262 20
Page 23 of 48
POLICY QUESTION #3
• Should staff continue in accordance with the previous
Board direction given regarding the MOU for the Diablo
Country Club SWRF?
A. Does the Board want to continue the MOU for the Diablo
Country Club Golf Course for a cost-neutral SWRF Project?
B. Does the Board want to consider granting "Demonstration
Project" status to Diablo Country Club SWRF Project?
• Starting with a single demonstration project would allow Central San
to gauge impacts from this approach of diverting wastewater from the
collection system and returning the process solids (waste activated
sludge) before committing to additional SWRF Projects.
'41
CENTPAL SAN
POLICY QUESTION #4
• Should staff continue in accordance with the previous
Board direction given regarding MOUs on Satellite Water
Recycling Facilities for other golf courses?
• Does the Board want to continue the MOU with the Moraga
Country Club Homeowners Association? (No project activity or
communication since 2018.)
'42
CFNTPAI SAN
August 5, 2021 Regular Board Meeting Agenda Packet- Page 202 of 262 21
Page 24 of 48
POLICY QUESTION #5
• Should staff discuss or entertain new MOU requests for
SWRFs for other golf courses?
• Staff recently received a request from Rossmoor/Golden Rain
Foundation to execute an MOU for a cost-neutral SWRF Project.
• Other golf courses may express interest in similar MOUs.
CENTRALSAW
6. QUESTIONS/DISCUSSION/DIRECTION
'44
August 5, 2021 Regular Board Meeting Agenda Packet- Page 203 of 262 22
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ATTACHMENT 2
Number: BP 019
Authority: Board of Directors
Effective: March 17, 2016 zoo
Revised:
Reviewed: 03/06/18, 06/16/20 CENTRALSAN
Initiating Dept./Div.: Engineering & Technical Services
Department
BOARD POLICY
RECYCLED WATER
PURPOSE
Periodically, the State of California experiences severe droughts and recycled water is
one of the major alternatives for an uninterruptable source of water supply. The purpose
of this Policy is to promote cost-effective projects in collaboration with water agencies to
augment the region's water supply with treated effluent produced at the District's
treatment plant. The District is in a key position to collaborate with water agencies and
develop cost-effective projects making this new resource available.
POLICY
I. Promote, produce, sell and/or deliver recycled water to retail and wholesale
customers both within and outside the District in a manner consistent with laws,
regulations and prudent public policy.
II. Develop a cost-effective program to maximize recycled water in coordination with
water agencies. Projects must have a payback period of not more than 15 years.
III. Work with the State of California, the County of Contra Costa and individual local
cities and water agencies to develop ordinances and guidelines to encourage the
use of recycled water.
IV. Develop procedures and standards to ensure the safe and beneficial use of
recycled water.
V. Conduct ongoing public information and customer service programs to ensure
that the public and individual customers have an appropriate understanding of
recycled water including the benefits and responsibility of using recycled water.
VI. Track all costs associated with recycling water and periodically report to the
Board.
[Original Retained by the Secretary of the District]
August 5, 2021 Regular Board Meeting Agenda Packet- Page 204 of 262
Page 26 of 48
ATTACHMENT 3
Central Contra Costa sanitary District
• ► + • . .►...a;. .sOr:!�'��':f^ +~�re�id�[ ��, r S�fr�.__ir��,__�`:_L.�,� S-�'�
August 10, 2009 PHONE: (925)228-9500
FIV: (925)6 76-721/
www.centralsan.org
Mr. Joseph L. Campbell Mayor Laura Hoffmeister At KELLY
President, Board of Directors City of Concord General blonager
he
Contra Costa Water District 1950 Parkside Drive Counselv'tL.
Dst`'"
uun.rrl fir the�)LtYriC!
1331 Concord Avenue Concord, CA 94519 (510)808-2!X10
P.O. Box H2O k1_41NER.flo HslE
Concord, CA 94524 Secretary"ItheDistrict
-:S'oe— ��-CA
Dear President Cfell and Mayor Ho,fmets, ter:
CCCSD'S PROVISION OF RECYCLED WATER TO THE CONCORD COMMUNITY
REUSE PROJECT
This letter is in response to a request from the Contra Costa Water District (CCWD)
for commitment from the Central Contra Costa Sanitary District (CCCSD) for the
supply of recycled water to the Concord Community Reuse Project (CCRP), also
known as the Concord Naval Weapons Station (CNWS) Project. Water recycling is
an integral part of CCCSD's mission to protect public health and the environment
through maximizing use of this valuable resource. CCCSD is committed to recycling
high-quality water meeting all regulatory requirements in ways that enhance the
regional water supply. CCCSD is willing and able to serve recycled water to the
CCRP.
CCCSD is expressing its willingness and ability to supply the needed recycled water
in the form of this "will serve" letter. It is CCCSD's understanding that the exact
amount of recycled water needed for the CCRP has not yet been determined but that
current estimates, as contained in the June 2009 Administrative Draft of the
Environmental Impact Report, are up to 3,000 acre feet of recycled water per year for
irrigation purposes, and CCWD indicates it could be as much as 6,000 acre feet per
year. It is CCCSD's intention to supply, or make available, recycled water in sufficient
quantity to meet the needs of the CCRP as determined by the City of Concord, up to
the 6,000 acre feet per year.
The State Water Resources Control Board has granted CCCSD the authority to
provide up to 26,120 acre feet of recycled water per year for irrigation and industrial
purposes. There are no water transfer or entitlement costs associated with making
use of water made available by this grant. CCCSD currently only supplies
80:t RD OF DIRECTORS
J.11f1•S,I .Ih:IFII/Yt'residew•Sfit 11,11ftlIf,oll1,1're"J"at'n,I'm•I?IRK fit,10 {!(N,1777•(,1.17.1/1)!t 11tI}-•lL1pit I.Sj7
® ,, i ,
August 5, 2021 Regular Board Meeting Agenda Packet- Page 205 of 262
Page 27 of 48
President Campbell and Mayor Hoffmeister
August 10, 2009
Page 2
approximately 700 acre feet of recycled water annually; accordingly, it has sufficient
recycled water supply available to meet even the highest demand estimates for the
project.
Delivery of recycled water to the CCRP would require construction of a pipeline
connecting CCCSD's facility to the CCRP and potentially construction of a reservoir or
other facilities on the CCRP property. Expansion and renovation of CCCSD's existing
tertiary treatment facility would also be required. The specific needs and associated
costs for additional recycled water facilities depend on refinement of recycled water
demands of the CCRP as determined by future planning and legal considerations. All
projects and related construction activities require separate environmental and
technical analysis and project-level approval by CCCSD and possibly other agencies
in the future. However, sufficient time and basic resources are available to meet the
current base reuse development schedule, as we understand it.
In addition to the construction of any necessary capital improvements, CCCSD's
ability to provide recycled water to the CCRP will be subject to certain future actions
of the City of Concord, the Reuse Commission, and potentially other governmental
entities, as well as other financial and institutional agreements, as documented in the
Attachment to this letter.
CCCSD is committed to supporting the use of recycled water in the CCRP in the most
cost-effective and environmentally-sound manner. CCCSD stands ready to work with
the City of Concord, the Base Reuse Commission and CCWD to provide recycled
water consistent with future approvals and environmental review. Given the
importance to CCCSD of providing recycled water services to the CCRP, our Board of
Directors has reviewed this matter and authorized sending this letter as confirmation
of its clear intention to supply recycled water upon successfully addressing the
conditions set forth above.
If you have any questions, feel free to contact James M. Kelly, General Manager at
(925) 228-9500.
Sincerely,
James A. Nejedly
President, Board of Directors
cc: Daniel E. Keen, City Manager, City of Concord
Michael W. Wright, Reuse Project Director, City of Concord
Walter J. Bishop, General Manager, CCWD
Jerry Brown, Assistant General Manager, CCWD
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President Campbell and Mayor Hoffmeister
August 10, 2009
Page 3
ATTACHMENT
CCCSD's ability to commit to the supply of recycled water to the Concord Community
Reuse Project is dependent upon the actions noted below:
1. The City of Concord, the Federal authorities and either CCCSD or CCWD must
complete necessary environmental review including the use of recycled water in
accordance with the California Environmental Quality Act ("CEQA") and National
Environmental Protection Act ("NEPA").
2. The City of Concord, along with other applicable planning entities, must
determine the basic recycled water flow rates, uses, system demands and
requirements, such as any requirements for backup water supply, storage, fire
uses, etc.
3. Mechanisms must be in place to ensure that all CCCSD cost of recycled water,
including the treatment and delivery infrastructure, cost of regulatory compliance,
as well as other direct costs, if any, associated with the use of recycled water is
borne by the new users and/or developers of the CCRP.
4. A formal agreement between CCCSD and CCWD, or CCCSD and the City of
Concord, as to the supply of recycled water to CCRP by CCWD or CCCSD may
be required as a condition prior to obtaining service. Other service agreements
will be necessary with the parties that are to receive recycled water service.
5. Unforeseen circumstances, and any changes in local, state, or federal law
adversely affecting CCCSD's ability to supply recycled water to the CCRP, if any,
will have to be addressed.
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ATTACHMENT 4
MEMORANDUM OF UNDERSTANDING
BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT
CONTRA COSTA WATER DISTRICT
AND
SANTA CLARA VALLEY WATER DISTRICT
TO
CONDUCT A PRELIMINARY FEASIBILITY EVALUATION OF
THE REFINERY RECYCLED WATER EXCHANGE PROJECT
This Memorandum of Understanding (MOU) is made and entered into on this 30th
day of April , 2018, by and between Central Contra Costa Sanitary District (Central
San), Contra Costa Water District (CCWD) and the Santa Clara Valley Water District
(SCVWD), all special districts created by Legislature of the State of California. All three
agencies hereinafter may be referred to individually as "Party" or collectively as
"Parties."
RECITALS
1. WHEREAS, California's semiarid and changing climate, its ambitious and evolving
economy, and its continually growing population contribute to water management
challenges; and
2. WHEREAS, the Parties recognize that integrated utilization of capacity in existing
infrastructure, new interconnections and/or facilities, and water exchanges may
provide water supply reliability and/or water quality benefits to multiple agencies and
the public and businesses we serve; and
3. WHEREAS, it is a Central San strategic goal to embrace technology, innovation, and
environmental sustainability by exploring partnering opportunities to augment the
Region's water supply; and
4. WHEREAS, it is the mission of CCWD to strategically provide a reliable supply of
high quality water at the lowest cost possible in an environmentally responsible
manner; and CCWD is completing the environmental review of the Phase 2 Los
Vaqueros Reservoir Expansion Project with several local agencies participating in
the ongoing planning studies; and
5. WHEREAS, it is the mission of SCVWD to provide Silicon Valley safe, clean water
for a healthy life, environment, and economy, and SCVWD is currently updating its
Water Supply Master Plan, which describes the new water supply investments the
District is planning to make to achieve its water supply reliability target, the
anticipated schedule of those investments, and the associated costs and benefits of
the investments; and
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6. WHEREAS, CCWD and SCVWD are members of the Bay Area Regional Reliability
Partnership, which is working to develop regional solutions to enhance water supply
reliability, leverage existing infrastructure investments, facilitate water transfers
during critical shortages, and improve climate change resiliency for the benefit all
Bay Area residents; and
7. WHEREAS, the Bay Area Regional Reliability Partnership prepared a Drought
Contingency Plan that evaluated several potential drought mitigation measures,
including the construction of the Transfer-Bethany Pipeline a key intertie facility
included in the Phase 2 Los Vaqueros Reservoir Expansion Project; and
8. WHEREAS, the Parties are interested in conducting a preliminary feasibility
evaluation of an innovative water exchange arrangement in which recycled water
from Central San could be made available to SCVWD, and where such recycled
water, in lieu of raw water, through an exchange arrangement, would be delivered by
Central San to CCWD to serve existing industrial customers.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL
PROMISES HEREINAFTER PROVIDED, THE PARTIES AGREE AS FOLLOWS:
1. TERM
a) This MOU shall become effective upon its execution by all Parties.
b) This MOU will terminate on June 30, 2019, or when all obligations under this
MOU have been performed, whichever occurs first, unless this MOU is
terminated pursuant to Article 11, Termination, or extended pursuant to Article
19, Amendment.
2. PURPOSE
The purpose of this MOU is to define the roles and responsibilities of each Party,
and the timing, for conducting a Preliminary Feasibility Evaluation of the Refinery
Recycled Water Exchange Project.
3. KEY ASSUMPTIONS
The key assumptions to be investigated as part of this Preliminary Feasibility
Evaluation are:
a) In general, the Recycled Water Exchange Project will be considered in a
manner that provides a betterment for the customers served by the Parties,
and does not result in any unacceptable net adverse impacts to each
respective Party or its customers. In evaluating various alternatives for the
Recycled Water Exchange Project, the benefits and costs for all Parties will
be developed as a foundation for any proposals that can be discussed and
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agreed among the Parties on how to move forward with the Recycled Water
Exchange Project.
b) CCWD currently serves two oil refineries approximately 22,000 acre-feet per
year of high quality surface water, which consists of water received from the
Central Valley Project (CVP) under CCWD's CVP water supply contract
and/or CCWD's Los Vaqueros Water Right. CCWD is willing to offer recycled
water to these customers in lieu of their current deliveries and if one or both of
these customers desires to proceed, an appropriate amount of CCWD's
supplies could be used to facilitate an exchange arrangement whereby
SCVWD would be provided with the forgone CCWD supply subject to
CCWD's operational and schedule requirements.
c) Central San has available treated wastewater supply that could be recycled
through further treatment, and be provided to CCWD to serve the two oil
refineries near Central San's wastewater treatment plant.
d) SCVWD is interested in exploring how the newly available CCWD CVP water
could be transported or exchanged in the most beneficial way to improve its
water supply reliability at a cost that the SCVWD Board believes is acceptable
to its ratepayers.
e) Delta resource impacts such as water quality, Delta outflow, and aquatic
species impacts will be explored as part of the environmental review process,
if the Refinery Recycled Water Exchange Project moves forward.
f) CCWD shall handle all communications with its refinery customers regarding
this evaluation.
4. WORK TO BE PERFORMED
The preliminary feasibility evaluation of the Refinery Recycled Water Exchange
Project will be completed with in-kind services and cooperative input from the
Parties. The Parties will develop a work plan to outline the specific tasks to be
completed (Work Plan). Topics to be covered in the Work Plan include: refinery
recycled water quality and reliability, project yield, conveyance options and
constraints, cost, and cost allocation.
5. TIMELINE
The Parties will work together to develop the Work Plan within 45 days of
execution of this MOU and complete the Preliminary Feasibility Evaluation by the
end of calendar year 2018.
6. REGULATORY APPROVALS, ENVIRONMENTAL APPROVALS,
ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL REVIEWS
The Parties agree that the work contemplated in this MOU is for evaluation
purposes only and is, therefore, exempt from the requirements of the
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California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines that exempt projects involving only feasibility or planning
studies for future actions which have not been approved, adopted, or
funded. If a project resulting from this evaluation moves forward, all
appropriate environmental reviews will be conducted at that time.
7. RESPONSIBILITIES OF THE PARTIES
Central San shall be the Project Manager of the overall evaluation effort;
however, the Parties shall each have unique responsibilities that will be identified
in the Work Plan that will be developed by staff of the respective Parties. General
responsibilities of all Parties are as follows:
a) Work cooperatively to develop the Work Plan and complete the Preliminary
Feasibility Evaluation.
b) Commit staff time to work with staff from other Parties.
c) Share relevant engineering, permitting, regulatory and operational information
regarding its own facilities, studies, and permits with other Parties for the benefit
of the evaluation.
d) Provide access to facilities and operational data that may be needed for
conducting the preliminary feasibility evaluation (such as intakes,
conveyance/distribution facilities, treatment plants, interties, etc.). If needed,
commit staff time to conduct necessary analysis of its own facilities, permits,
operational data, procedures or requirements, or any other data needed for
consideration and share the information with other Parties. Access to facilities will
be consistent with, and will follow, the facility owner's, security and standard
safety and notification requirements.
e) All Parties will, upon reasonable advance written notice, make available for
inspection to the other Parties all records, books and other documents directly
relating to the Work Plan as well as any other work related to water supply
institutional arrangements and agreements that are required for conducting the
preliminary feasibility evaluation.
f) Provide appropriate level of oversight and review of any work products.
g) Coordinate with the other Parties on all media outreach, media responses, and
messaging, prior to any media outreach.
h) The Parties, and any consultants retained by a Party or Parties, shall maintain
the confidentiality of, and will not disclose, display, provide, or make available,
any documents shared by a Party which contain confidential water facility data to
any person other than another Party, unless written permission is granted by the
sharing Party. Confidential documents shall be returned to the sharing Party at
the expiration or termination of this MOU, or at any other time at the request of
the sharing Party. Confidential data shall be identified as such at the time shared.
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8. IN-KIND SERVICES
The Parties agree that in-kind services (i.e. in-house staff resources) will be used
to complete this Preliminary Feasibility Evaluation, with each Party covering the
cost for its own in-kind staff work. Activities undertaken by any Party in
furtherance of this MOU shall be at that Party's sole cost and expense, unless
otherwise agreed to in writing by all the Parties pursuant to Article 19,
Amendment.
9. INDEMNIFICATION
To the extent permitted by State law, each Party will indemnify, defend and hold
all other Parties and their directors, officers, agents, and employees safe and
harmless from any and all claims, suits, judgments, damages, penalties, costs,
expenses, liabilities and losses (including without limitation, sums paid in
settlement of claims, actual attorneys' fees, paralegal fees, consultant fees,
engineering fees, expert fees and any other professional fees) that arise from or
are related in any way to each Party's, directors, officers, agents, and employees
negligent acts, errors or omissions, or willful misconduct, in the performance of
this MOU.
10.DISPUTES
Any claim that a Party may have against another Party or Parties regarding the
performance of this MOU including, but not limited to, claims for compensation
will be submitted to the other Party or Parties within three months of its accrual.
Parties will attempt to negotiate a resolution of such claim and, if necessary,
process an amendment to this MOU or enter into a settlement agreement to
implement the terms of any such resolution.
11.TERMINATION
If an individual Party elects to terminate its participation in this MOU, it may do so
by delivering to each remaining Party a written notice of intention to terminate.
Termination shall be effective ten days from the date of the notice.
12.RELEASE OF INFORMATION
The approval of all Parties is required prior to the release of information
developed pursuant to this MOU, other than in response to a Public Records Act
request, subpoena, or court order. In the event of a request pursuant to the
Public Records Act, subpoena, or court order, the Parties shall meet and confer
regarding disclosure. Should a Party object to disclosure of certain documents or
information, the objecting Party shall, at its own expense and risk, be provided
the opportunity to seek a protective order to prevent disclosure.
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13.MOU NOT A PRECEDENT
The Parties intend that the provisions of this MOU will not bind the Parties as to
the provisions of any future MOU or agreement between them.
14. NOTICES
Any notice, demand, or request made in connection with this MOU must be
in writing and will be deemed properly served if delivered in person or sent
by United States mail, postage prepaid, to the addresses specified below:
If to Central San: Roger S. Bailey
General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
If to CCWD: Jerry Brown
General Manager
Contra Costa Water District
PO Box H2O
Concord, CA 94524
If to SCVWD: Norma J. Camacho
Chief Executive Officer
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
15.NO THIRD-PARTY BENEFICIARIES
No third-party beneficiaries are intended or created by this MOU.
16.SEVERABILITY
If any term or provision of this MOU is deemed invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, it will not
affect the validity of any other provision, which will remain in full force and effect.
17.COMPLETE MOU
Other than as specified herein, no document or communication passing between
the Parties to this MOU will be deemed to be part of this MOU.
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18.ASSIGNMENT
This MOU is not assignable either in whole or in part, except upon the written
consent of each and every non-assigning Party.
19.AMENDMENT
Except as provided herein, no alteration, amendment, variation, or waiver of the
terms of this MOU shall be valid unless made in writing and signed by all Parties.
20.SUCCESSORS
This MOU shall bind the successors of the Parties in the same manner as if they
were expressly named.
21.INTERPRETATION
This MOU shall be deemed to have been prepared equally by all Parties, and
its individual provisions shall not be construed or interpreted more favorably for
one Party on the basis that another Party or Parties prepared it.
22.INTEGRATION
This MOU represents the entire understanding of the Parties as to those matters
contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder.
23.WAIVER
Waiver by any Party of a default, breach or condition precedent, shall not be
constructed as a waiver of any other or subsequent default, breach, or any right
hereunder.
24.GOVERNING LAW AND VENUE
This MOU is governed by and will be interpreted in accordance with the laws of
the State of California. Venue shall be in the Superior Court of the County of
Contra Costa.
25.COUNTERPARTS
This MOU may be executed in counterpart. Facsimile, including email, and
electronic signatures shall be binding.
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This MOU will be effective as of the date of the last signature below.
C RA CONTRA COSTA SANITARY DISTRICT
t � w
oger S. Bailey Katie oung
General Manager Secretary o th D�(), t
Date
Approved as to form:
Kenton L. Alm
District Counsel
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l Page 37 of 48
I
C
CONTRA COSTA WATER DISTRICT
Aw
Jerry UMa
Mary A. eher
Generg District Secretary
&J&Z
Date
Approved as to form:
Doug oty
District Legal Counsel
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SANTA CLARA VALLEY WATER DISTRICT
Norma J. amacho
Chief Executive Officer
1.111
Date
Approved as to form:
Anthony;(. Fulcher
Senior Kssistant District Counsel
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ATTACHMENT 5
1 MEMORANDUM OF UNDERSTANDING BETWEEN THE
2 CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE
3 DIABLO COUNTRY CLUB FOR COLLABORATIVE
4 INVESTIGATIONS AND PRELIMINARY IMPLEMENTATION OF
5 THE DIABLO COUNTRY CLUB SATELLITE RECYCLED WATER
6 TREATMENT PLANT PROJECT
7 This Memorandum of Understanding (MOU) is made and entered into this
8 /C?^ day of 2015, by and between Central
9 Contra Costa Sanitary District, ("CCCSD") and the Diablo Country Club ("DCC')
10 for the purpose of the ongoing investigations, design, implementation, and
11 operation of the Diablo Country Club Satellite Recycled Water Treatment Plant
12 Project ("SRWTP" or "Project') and related activities as described herein.
13 Together, CCCSD and DCC are known as the Parties to this MOU.
14 Recitals
15 WHEREAS, the Parties have previously executed and have been
16 collaborating on a variety of topics pursuant to an existing planning MOU dated
17 July 24, 2012, and that said MOU has provided the framework for collaborative
18 growth and development of the proposed Project by the DCC; and
19 WHEREAS, CCCSD is a signatory to the 2012 MOU, and because of its
20 planned role in the proposed Project as the CEQA Lead Agency, as the source of
21 raw sewage to the Project and for other purposes, is anticipated to execute a
22 new separate MOU with the DCC; and
23 WHEREAS, this MOU is being entered into in order to establish
24 coordination between CCCSD, and DCC to carry out the mission, goals, and
25 objectives stated herein related to investigation of the potential for expansion of
26 beneficial uses of recycled water at DCC;
27 WHEREAS, the parties intend that participation in this MOU be entirely
28 voluntary, and that any party may elect to withdraw from the MOU at any time
29 and for any reason and there is no intent to form any independent or additional
30 public or public/private entity or authorities; and
31 WHEREAS, the parties hereto find that promoting the stewardship of
32 water resource management in general, appropriate development and use of
33 recycled water at DCC in particular, for the common benefit of all parties and
34 their constituencies within the region and the public benefit for CCCSD in
35 avoiding some costs for the pumping and treatment of the flow diverted from the
36 wastewater collection system; and
37 WHEREAS, the parties hereto, as well as East Bay Municipal Utility
38 District, have stated their belief that it is sound public policy to develop recycled
39 water resources through financially and environmentally sound; and
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1 WHEREAS, the parties hereto agree that "recycled water" refers to
2 wastewater treated to meet Title 22 standards of the California Code of
3 Regulations for production, storage, and use of disinfected tertiary recycled
4 water; and
5 WHEREAS, it is the intent and purpose of the proposed Project to create
6 a new source of irrigation water for a drought resistant, sustainable and reliable
7 supply to the DCC golf course through the diversion, treatment and recycling of
8 existing municipal wastewater; and
9 WHEREAS, CCCSD is the wastewater collection and treatment agency
10 for the service area where DCC is located; and
11 WHEREAS, DCC has collaborated with CCCSD regarding environmental
12 documentation, sanitary sewer flow monitoring, water quality sampling and
13 engineering analysis of minimum flow requirements necessary to prevent solids
14 deposition and additional sampling and analysis may be required; and
15 WHEREAS, DCC met with CCCSD staff, presented and discussed
16 technical memorandums confirming the availability of source water flows,
17 minimum flow velocities, volume and strength of waste discharges, and proposed
18 facility ownership; and
19 WHEREAS, the implementation of the proposed Project by the DCC may
20 result in additional operational and regulatory risk to CCCSD, both parties will
21 work towards mutually beneficial solutions to eliminate those risks; and
22 WHEREAS, the parties hereto recognize the value of effectively using
23 resources common to all and desire to be proactive on both regulatory and
24 conservation issues affecting water resources; and
25 WHEREAS, the parties hereto declare their intent to establish and
26 maintain business relations that facilitate the implementation of a cost-effective
27 recycled water project, at no net cost to the District's operation and maintenance;
28 and
29 WHEREAS, the parties desire to enter into this MOU to facilitate additional
30 and continued collaboration among themselves, and that this MOU should
31 recognize the results, conclusions and recommendations of DCC through the
32 ongoing development of the proposed Project and for the following specific
33 purposes:
34 1. Of defining the pilot-nature of the proposed Project;
35 2. As a means of support to the proposed Project;
36 3. To define the acceptable volumes, rates and timing of wastewater
37 diversions by the proposed Project from CCCSD's existing 21-inch
38 sewer pipeline in Diablo Road that would be pumped by DCC to its
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1 proposed SRWTP for the sole use by DCC for irrigation, without
2 resulting in detrimental impacts to downstream CCCSD facilities,
3 and that the volumes diverted and concentrations returned may be
4 adjusted to mitigate such detrimental impacts to CCCSD;
5 4. To develop the operational requirements for the proposed diversion
6 structure and its operations by DCC in consideration of minimum
7 flow rates, flow depths and in consideration of other operational
8 requirements such as flow monitoring, flushing, and other
9 appropriate operations in order to maintain acceptable performance
10 of CCCSD's sewer system;
11 5. To collaborate on development of formal terms for facility
12 ownership and maintenance responsibilities for normal and
13 emergency operations and maintenance procedures for the
14 proposed diversion and discharge facilities;
15 6. For CCCSD to provide letters of support for efforts made by DCC in
16 applying for grants and low-interest loans for the design and
17 construction of the proposed Project;
18 7. Design review of the proposed diversion and discharge structures;
19 8. For CCCSD's development of reasonable and appropriate fees for
20 the routine monitoring of the waste discharges, receipt of wastes
21 from the proposed Project, for any increased maintenance and
22 monitoring activities as a result of the Project and for the
23 enumeration of any other relevant charges that will be required of
24 the proposed Project. For example, the Project impact may be
25 measured by net discharge rather than gross discharge since the
26 project is diverting flows already within the CCCSD's system, and
27 the Project fees may be structured with concentration thresholds to
28 encourage dilution;
29 9. To schedule activities of Project review by CCCSD as the Lead
30 Agency in the environmental review of the Project; and
31 10. To develop a coordinated plan relative to the safe operations of the
32 proposed diversion structure following input from the Regional
33 Water Quality Control Board.
34 NOW THEREFORE BE IT RESOLVED, for and in reliance on the foregoing,
35 the parties hereby agree to negotiate and document in a technical
36 memorandum(s) the following provisions:
37 a. PILOT-NATURE OF THE PROJECT: The proposed Project has
38 been deemed a "pilot" and that the intention and nature of the pilot designation is
39 to facilitate the further investigations, analysis and development of the proposed
40 Project without the potential encumbrance of establishing precedent that might
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1 otherwise directly be assigned to development of other similar projects. The
2 development of a recycled water project by a private entity (DCC) and diverting
3 sewage from a public wastewater collection agency service area (CCCSD's) has
4 unique and individual characteristics that must be analyzed and potentially
5 modified prior to use or expectations of use in other similar situations. Piloting
6 offers the opportunity to modify agreed upon criteria in order to adapt to
7 observed impacts and minimize negative impacts. By "piloting" the development
8 of this proposed Project, both parties are intending to develop a means of
9 clarifying the requirements, benefits and costs of such projects.
10 b. DECLARATION OF PROJECT SUPPORT: In acknowledgement of
11 the history and ongoing cooperation between the parties on the Project, CCCSD
12 will establish and adopt a formal Board Resolution to memorialize and project
13 forward the continued spirit of support for the Project. The purpose of the
14 Resolution will be to sustain the relationship between the parties as a means of
15 enhancing CCCSD's support for the proposed Project and to delineate such
16 other means of material support that may include contribution of staff time,
17 expertise, oversight, actual materials and other such support as are appropriate
18 and are consistent with legal and administrative requirements.
19 C. PARTICIPANTS RESPONSIBILITIES: DCC and its Consultant will
20 lead its efforts in the review and investigations of design and construction of the
21 potential Satellite Recycled Water Treatment Plant. CCCSD will provide
22 collaboration and participation with DCC. Each participant to this MOU may
23 provide data applicable to the design and construction of the Project related to
24 this MOU. Data may include mapping, facility infrastructure information,
25 pressure data, flow data, operational data, water quality data and other
26 information pertinent to the intent of this MOU. CCCSD will provide information
27 and coordination on localized wastewater and access to a sewer connection
28 point.
29 d. WASTEWATER DEDICATIONS: Both parties seek to conduct
30 additional work together to define details that describe adequate amounts of
31 wastewater for DCC's diversion that will be sufficient in volume and timing for its
32 irrigation demands and adequate to maintain flow in CCCSD's gravity collection
33 system downstream of the diversion without creating nuisance conditions.
34 CCCSD and DCC shall therefore continue their coordination to determine
35 operations of the diversion structure to meet the requirements of both parties. At
36 this time, DCC envisions the requirement for approximately 0.5 mgd of raw
37 wastewater with variable rates of withdrawal while maintaining appropriate
38 minimum flows in the downstream pipeline. The proposed Project will require a
39 long-term financing commitment by DCC of twenty to thirty years, and therefore
40 the Club will seek funding assistance that may be available through the State
41 Revolving Fund (SRF) or other similar program. Therefore, future agreements
42 with the District shall provide that DCC shall have access to the raw wastewater
43 for a time period not less than as required to meet DCC's financial obligations of
44 the project plus a reasonable additional period of additional time beyond the
45 financing period that is acceptable to both parties. The details and terms of the
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1 period of time will be negotiated at the time of the formal agreement. Options to
2 extend such agreement may also be considered. The District and DCC will
3 agree to manage the wastewater flows in a manner that allows for access at
4 times and retains the District's remaining flow requirements. CCCSD will retain
5 the rights to the wastewater following the term of the formal agreement including
6 any agreed upon extensions.
7 e. OWNERSHIP AND MAINTENANCE RESPONSIBILITY OF
8 PROJECT: DCC will be legally and financially responsible to own, maintain and
9 operate the SRWTP facility from the point of diversion. DCC will be responsible
10 to obtain approval and meet their Title 22 recycled water permit with the State of
11 California regulatory agencies, obtain and pay for all such permits. DCC will be
12 legally and financially responsible for any sanitary sewer overflow (SSO) and
13 spill, as well as fines and reporting requirements of such events to the Regional
14 Water Quality Control Board, from the point of diversion, and all the way through
15 their SRWTP, and associated distribution system. DCC will also take a lead role
16 in coordinating with representatives of Contra Costa County and the Town of
17 Danville to obtain required easements, access and construction permits.
18 CCCSD shall not be obligated to use its powers of eminent domain to obtain
19 easements or rights required for project construction.
20 f. MINIMUM FLOW AND DEPTH REQUIREMENTS: Both parties
21 shall coordinate during the planning and design of the wastewater diversion
22 structure to allow for flows to be maintained according to the District's scouring
23 velocity requirements within the existing 21-inch diameter wastewater pipeline,
24 and not cause detrimental effects to downstream District facilities. The DCC will
25 coordinate with CCCSD for its review of DCC's flow monitoring analysis and
26 water quality sampling at the proposed diversion locations. This will occur prior
27 to CCCSD's review of design to confirm appropriate flow rates and water quality.
28 g. NORMAL AND EMERGENCY OPERATIONS: DCC will take a
29 lead role in coordination with CCCSD to outline normal and emergency
30 operations of diversion structure and discharge facilities required for the Project.
31 Coordination will address construction details such as appropriate location and
32 size of wastewater diversion structure and discharge flows. Coordination shall
33 take place during Project siting and considerations shall include: Location of
34 conflicting utilities, evaluation of accessibility, permitting requirements,
35 minimization of construction and operational impacts, constructability, and
36 available area. Both parties shall coordinate emergency response plans.
37 h. FUNDING ASSISTANCE TO THE PROJECT: The DCC will take a
38 lead role in seeking to obtain funding assistance from the State Water Resources
39 Control Board, the Federal Environmental Protection Agency and the United
40 States Army Corps of Engineers for the application to these and other programs
41 that could provide financial assistance to the Project. CCCSD will coordinate
42 with DCC on these funding issues and provide letters of support if required for
43 specific funding opportunities.
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1 1. DESIGN INSPECTION AND CONSTRUCTION: DCC will take the
2 lead role in the analysis and development of appropriate design, construction,
3 installation and rehabilitation specifications of the wastewater diversion facilities.
4 CCCSD will have the right to review designs and inspect construction relating to
5 the wastewater diversion and return facilities in its role as the owner and operator
6 of the public wastewater collection system. Both parties shall coordinate to
7 develop construction plans that include equipment standards and sizing,
8 installation and construction schedule, and staff training to ensure correct
9 operations and maintenance. Construction considerations at the diversion
10 location will be evaluated to minimize impacts to Diablo Road and adjacent
11 properties. It is also understood that DCC's engineer(s) will be the engineer of
12 records for the project.
13 j. CONSIDER CONTRACT OPERATIONS OF DIVERSION
14 STRUCTURES: The parties shall consider future contract agreements in which
15 CCCSD may provide contract maintenance services for the proposed diversion
16 facilities. Any such operation or arrangement would likely exclude the pumping
17 and screening facilities. Nothing in this MOU obligates CCCSD to assume the
18 role of contractor operator.
19 k. FEE AND FUTURE INDUSTRIAL PERMIT: It is understood from
20 ongoing coordination that CCCSD will be imposing some fees on DCC for the
21 potential use of the wastewater and for returning discharge flow to the sewer
22 system. CCCSD and DCC will continue to discuss the appropriate fee rate
23 structure for this special pilot project. CCCSD shall also determine the industrial
24 permit category to allow the discharge of wastes from the proposed Project to
25 their collection system. A future permit will regulate the quantity and quality of
26 discharges from the SWRTP to CCCSD's facilities. Screenings and rags
27 removed from the sewer for use by the scalping plant downstream of the
28 diversion structure will not be allowed to be returned to the sewer. Use of
29 chemicals for the operation of the SWRTP shall be equalized and neutralized
30 before being returned to the sanitary sewer system in accordance with District
31 pretreatment program requirements.
32 I. OPERATIONS OF DIVERSIONS AND DISCHARGE
33 STRUCTURES: Both parties shall evaluate the routine and emergency
34 operations of diversion structures and discharge facilities. DCC will provide
35 modeling studies for review by CCCSD to determine optimal locations and
36 volumes in the sewer collection system for the diversion of raw wastewater to the
37 SRWTP.
38 M. ENGINEERING AND ENVIRONMENTAL REVIEW OF THE
39 PROJECT: CCCSD shall act as the Lead Agency in compliance with the
40 California Environmental Quality Act (CEQA) analysis of the Project. CCCSD will
41 not be the engineer of record for the design and construction of the proposed
42 project.
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August 5, 2021 Regular Board Meeting Agenda Packet- Page 223 of 262
Page 45 of 48
1 n. MUTUAL AID AGREEMENT FOR EMERGENCY RESPONSE:
2 The parties shall consider the future development of a Mutual Aid Agreement for
3 Emergency Response to institute procedures and training that will enable
4 coordinated and effective actions to be taken to address emergency operations
5 of the diversion, discharge, and storage facilities for the Project.
6 WITNESS, the Central Contra Costa Sanitary District, and the Diablo Country
7 Club entered into this Memorandum of Understanding as of the date first written
8 above.
9 Representative of the Diablo Country Club:
10
11
12 (D �
13 Aignature Title bate
14
15 Repre a ative of the Central Contra Costa Sanitary District:
16
17 \ ,rte
18 t .� 4 1 �.• C Y�►. c:�-F� h► _^�� DS —II- ttz
19 Signature Title Date
20
21
22
23 Approved as to form:
24 Kento Alm, Esq.
25 Counsel for the District
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August 5, 2021 Regular Board Meeting Agenda Packet- Page 224 of 262
Page 46 of 48
ATTACHMENT 6
MEMORANDUM OF UNDERSTANDING BETWEEN CENTRAL CONTRA COSTA
SANITARY DISTRICT,EAST BAY MUNICIPAL UTILITY DISTRICT, and MORAGA
COUNTRY CLUB HOMEOWNERS ASSOCIATION
his Memorandum of Understanding (MOU) is made and entered into this �5� day of
2016 by and between Central Contra Costa Sanitary District (CCCSD), East Bay
Municipal Utility District (EBMUD), and Moraga Country Club Homeowners Association
(MCCHOA) for the purposes described herein.
Recitals
WHEREAS, EBMUD is the water purveyor to MCCHOA and CCCSD is the wastewater
collection and treatment purveyor to MCCHOA; and
WHEREAS, the parties hereto believe that it is sound public policy and good operational
practice to develop recycled water resources through financially and environmentally sound
projects; and
WHEREAS, the parties recognize for their own purposes and by their independent means the
benefits of energy and water conservation and the goals of developing sustainable resource use
through the proper conservation and reuse of these resources; and
WHEREAS, the parties desire to enter into a MOU to collaborate among themselves for
purposes of exploring the feasibility of expanding the beneficial use of recycled water which
may lead to the potential for the construction and operation of a recycled water satellite treatment
plant at MCCHOA thereby promoting the conservation of potable water resources, energy and
potentially reducing greenhouse gas emissions; and
WHEREAS, the parties do not intend to create a separate public agency through this MOU; and
WHEREAS, the parties hereto may later explore the feasibility of establishing a more formal
understanding or agreement among themselves as in a separate agreement, if deemed mutually
agreeable and beneficial to the development of a recycled water satellite treatment plant at
MCCHOA; and
WHEREAS, the parties hereto recognize the value of using common resources effectively; and
WHEREAS, the parties hereto desire to be proactive on both regulatory issues, and conservation
issues affecting water and energy resources; and
WHEREAS, the parties hereto agree that "recycled water" refers to wastewater treated to meet
Title 22 standards of the California Code of Regulations for production, storage, and use of
disinfected tertiary recycled water; and
WHEREAS, the parties hereto desire to inform the MCCHOA community about the importance
of water and energy conservation and the benefits of water reuse; and
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August 5, 2021 Regular Board Meeting Agenda Packet- Page 225 of 262
Page 47 of 48
WHEREAS, the parties hereto find that promoting the stewardship of water resource
management in general and the appropriate development and use of recycled water at MCCHOA
in particular, for the common benefit of all parties and their constituencies within the region; and
WHEREAS, the parties intend that participation in this MOU be entirely voluntary, and that any
party may elect to withdraw from the MOU at any time if the project is determined to be
infeasible by any of the parties and for any reason.
WHEREAS, the parties acknowledge that the Diablo Country Club is investigating development
of a project similar to the one envisioned within this MOU, and that the lessons learned therein
may inform the MCCHOA project since the MCCHOA project will likely follow the Diablo
Country Club project.
WHEREAS, the parties agree to the following terms of this Memorandum of Understanding:
1, Definitions. As used in this MOU, the following words and phrases shall have the meanings
set forth below unless the context clearly indicates otherwise.
a) "MOU" shall mean this Memorandum of Understanding.
b) "Coordinating Parties" shall mean the staff from each of the parties and their designated
representatives authorized by each party to collaborate on behalf of this MOU.
Consultants representing the members may also be part of the Coordination Committee.
2. Purpose. This MOU is being entered into in order to establish coordination between CCCSD,
EBMUD, and MCCHOA to carry out the mission, goals, and objectives stated herein related
to investigation of the potential for expansion of beneficial uses of recycled water at
MCCHOA. While this MOU will serve to better facilitate and clarify the intent of the
coordination of these efforts, there is no intent to form any independent or additional
authorities. The parties intend that participation in this MOU be entirely voluntary, and any
party may elect to withdraw from the MOU at any time and for any reason.
3. Participant Responsibilities.
a) MCCHOA and its Consultant will lead its efforts in the review and investigations of
feasibility and concept development of a potential satellite water reclamation facility.
EBMUD and CCCSD will provide collaborative participation with MCCHOA and, as
appropriate, may conduct their own independent feasibility investigations and will
specify to MCCHOA applicable regulatory guidelines for recycled water production,
distribution, and use.
b) Each participant to this MOU may provide data applicable to the feasibility investigations
and discussions on matters related to this MOU including the investigations of the
potential for a new recycled water satellite treatment facility that may be Iocated at
MCCHOA. Data may include mapping, facility infrastructure data, pressure data, flow
data, operational data, water quality data and other information pertinent to the intent of
this MOU.
c) CCCSD will provide information and coordination on localized wastewater and access to
a sewer connection point.
d) EBMUD will provide information on potable water service at MCCHOA for uses other
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August 5, 2021 Regular Board Meeting Agenda Packet- Page 226 of 262
Page 48 of 48
than golf course irrigation and on issues relating to its purveyorship of water, including
recycled water.
4. Preliminary Status of Investigations
a) The participants in this MOU agree that investigation of the potential development of a
new recycled water satellite treatment facility at MCCHOA is in preliminary stages and
that no concrete project proposal has yet been developed.
b) If and when a concrete project proposal is developed, EBMUD and CCCSD retain
absolute discretion to modify the proposed project as may be necessary to comply with
the California Environmental Quality Act (CEQA), require mitigation measures or pursue
other feasible alternatives to avoid significant environmental impacts prior to taking any
approval action, and/or determine not to proceed with the proposed project. EBMUD and
CCCSD will exercise this discretion consistent with their respective roles in the CEQA
environmental review process.
NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding, as
follows:
Representative of the Moraga Country Club Homeowner's Association:
pre s r c �c--14 L- .Z�• /aj
Signature Title Date
APPROVED AS TO FORM
Representative of the East Bay Municipal Utility District: � -
i::ist bay Municipa Utility District
Office of General Counsel
�4 !
Signature Title Date
7ep sentative of the Central Contra Costa Sanitary District:
I -*-+ M %4.: 1 (re e-4 h4-dtn r -L[.
Signature Title �— Date
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