HomeMy WebLinkAbout03.a. Authorizing General Manager to execute a three-year permit contract with Acme Fill Corporation (ACME) for discharge of treated landfill leachate from Acme landfill in Martinez, CA, through June 30, 2027 and find exempt from CEQAPage 1 of 49
Item 3.a.
DCENTRALSAN
MEETING DATE: MAY21, 2024
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER AUTHORIZING THE GENERAL
MANAGER TO EXECUTE A THREE-YEAR PERMIT CONTRACT WITH
ACME FILL CORPORATION (ACME) FOR DISCHARGE OF TREATED
LANDFILL LEACHATE FROM THE ACME LANDFILL LOCATED IN
MARTINEZ, CALIFORNIA, THROUGH JUNE 30, 2027AND FIND THATTHIS
CONTRACT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITYACT (CEQA)
SUBMITTED BY: INITIATING DEPARTMENT:
COLLEEN HENRY, ENVIRONMENTAL ENGINEERING AND TECHNICAL SERVICES -
COMPLIANCE PROGRAM ADMINISTRATOR ERC-ENVIRONMENTAL COMPLIANCE
JEREMYTALARICO, SENIOR
ENVIRONMENTAL COMPLIANCE INSPECTOR
REVIEWED BY: LORI SCHECTEL, ENVIRONMENTAL & REGULATORY COMPLIANCE
DIVISION MANAGER
GREG NORBY, DEPUTY GM - ENGINEERING & OPERATIONS
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
Wastewater Discharge Permit Contracts for Class I Industrial Users (permit contract) must be approved
by the Board of Directors.
BACKGROUND
Acme's pretreated landfill leachate has been accepted by Central San since the early 1990s and through
permit contracts since 1994. A permit contract was used to protect Central San and to preserve the right to
modify the discharge conditions or stop receiving the treated leachate. Central San chose to receive the
leachate after encouragement from the Regional Water Quality Control Board because Central San's
acceptance of the leachate under strict conditions provided the best regional environmental solution.
During the term of the current permit contract, Acme has operated the Leachate Treatment Plant in
compliance with the conditions of the permit contract except for three events when monitoring standards
were not met. Notices of Violation were issued for one event when Whole Effluent Toxicity (WET) testing
was not conducted in the correct timeframe, one event when gross beta radioactivity exceeded discharge
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limits, and one event when gross alpha radioactivity exceeded discharge limits. An additional Notice of
Violation was issued for failing to include a data summary page in a report and not notifying of sampling
dates. No Warning Notices were issued during the current permit contract term.
The proposed permit contract maintains the protections in the previous permit contract, includes
modifications and changes made by Central San, and addresses certain changes requested by Acme
representatives to reduce their compliance costs. A summary of the changes include:
Removal of sampling for oil & grease and phenols
Change ammonia, carbonaceous biochemical oxygen demand, copper, cyanide, mercury, total
suspended solids, and total dissolved solids sampling frequency from monthly to quarterly
Change total toxic organics sampling frequency from quarterly to semi-annually
Change lead, nickel, and zinc sampling frequency from monthly to annually
Change WET testing frequency from semi-annually to semi-annually only in the last 12 months of
the contract
• Update language for requesting extension to due dates to be in line with other wastewater
discharge permits
Reduce required information to be reported on operation & maintenance logs
Modify Periodic Compliance Report form to reflect contract changes and improve clarity
Add deadline to clarify when certain documents are to be submitted
New requirement to carry Pollution Legal Liability Insurance
Add section to allow Acme to propose alternative Ieachate treatment systems
Add Defense and Indemnification section
Change of payment of accrued interest on security deposit from end of contract to annually
Clean-up of wording, section references, and known errors
Central San staff believes these changes are acceptable and do not significantly increase the risk to our
facilities from the Acme discharge.
As with the previous permit contract, the proposed permit contract includes conditions that allow Central
San to change the Ieachate monitoring parameters or effluent limits to protect Central San facilities and
operations, or to meet new regulatory requirements. Central San also has the right to suspend or terminate
the Ieachate discharge if acceptance of the treated Ieachate affects Central San's ability to meet National
Pollutant Discharge Elimination System limits, results in Central San's treatment plant being classified as a
hazardous waste treatment facility, or affects Central San's ability to reclaim water.
CEQA
Staff has concluded that approval of this contract is exempt from the California Environmental Quality Act
(CEQA). Central San CEQA Guidelines Section 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 Acme is intended to maintain
and protect the waters and other aspects of the environment. Approval of this contract will establish the
Board of Directors' independent finding that this contract is exempt from CEQA.
ALTERNATIVES/CONSIDERATIONS
Two alternatives to the proposed permit contract were considered: 1) discontinue accepting the treated
Ieachate; or 2) authorize the discharge of treated Ieachate through Central San's existing Class I I Industrial
User Permit Program instead of a permit contract. Neither alternative is preferred over the proposed
permit contract. Acme has limited options to properly dispose of the landfill Ieachate generated. The
permit contract gives Central San more ability to customize the requirements over the Class I I Industrial
User Permit.
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FINANCIAL IMPACTS
No adverse financial impacts are anticipated from entering into this permit contract with
Acme. Environmental Compliance, Laboratory, and legal costs will be recovered as billable activities.
Treatment Plant and Collection System costs will be recovered through the sewer service charge
authorized in the permit contract.
COMMITTEE RECOMMENDATION
Staff reviewed the proposed changes to the permit contract at the May 21, 2024 Real Estate,
Environmental & Planning Committee meeting, and recommended
RECOMMENDED BOARD ACTION
Authorize the General Manager to execute a three-year permit contract with Acme for discharge of treated
leachate through June 30, 2027, and find the contract exempt from CEQA.
Strategic Plan Tie -In
GOAL TWO: Environmental Stewardship
Strategy 1 - Achieve compliance in all regulations
ATTACHMENTS:
1. 2024 Acme Permit Contract
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110ENTRAL SAN
Hand Delivered
June 20, 2024
Nicholas Farros
Acme Fill Corporation
950 Waterbird Way
Martinez, CA 94553
RE: CENTRAL CONTRA COSTA SANITARY DISTRICT
CLASS I INDUSTRIAL USER PERMIT
Dear Mr. Farros,
PHONE: (925) 228-9500
FAX.- (925) 335-7746
www. centralsan. orQ
ROGER S. BAILEY
General Manager
J LEAH CASTELLA
Counsel for the District
(415) 640-8903
KATIE YOUNG
Secretary of the District
Enclosed is the Central Contra Costa Sanitary District (Central San) Class I Industrial User
Permit for ACME Fill Corporation for the period of July 1, 2024 to June 30, 2027. In order to
complete the permit, please do the following:
1. Carefully read the entire permit so that you are familiar with all of the requirements that
must be met by the Industrial User. Please note that page 19 identifies a specific action
that you must complete during the permit's effective dates.
2. Sign and date both permit copies on page 28 of the permit.
3. Return both signed and completed permits to this office no later than June 26, 2024.
Once the permit has been signed by ACME and returned to Central San, signatures from the
General Manager and District Council are required before any discharge under this permit is
authorized. A fully signed and complete permit will then be transmitted to ACME.
If you have any questions or comments regarding the permit requirements, please call Jeremy
Talarico at 925-229-7387.
Sincerely,
Colleen Henry
Environmental Compliance Program Administrator
CH/JT/Im
Enclosures
NAMW2Y/ "-m t2-etter_Draft.docx
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CENTRAL CONTRA COSTA SANITARY DISTRICT
WASTEWATER DISCHARGE PERMIT CONTRACT
WITH
ACME FILL CORPORATION
1. PARTIES:
Effective on July 1, 2024, hereinafter referred to as the Effective Date, Acme Fill Corporation, a
California corporation, hereinafter referred to as the "DISCHARGER", and CENTRAL
CONTRA COSTA SANITARY DISTRICT, a public entity within the County of Contra Costa,
hereinafter referred to as the "DISTRICT", a Publicly Owned Treatment Works (POTW)
pursuant to the provisions of the Federal Clean Water Act, as well as other local, state and
federal laws and regulations relating to pretreatment and source control of industrial
discharges into public sewers, now agree as follows:
2. PURPOSE:
The DISCHARGER desires to discharge pretreated landfill leachate (hereinafter "Treated
Leachate") from the Acme Landfill site located in Martinez, California, into a public sewer
owned by the DISTRICT. The DISCHARGER has constructed a pretreatment facility that is
designed to meet the pretreatment parameters set forth in this contract, hereinafter referred to
as the "Permit Contract." The DISTRICT is willing to accept the Treated Leachate only under
circumstances that will not adversely affect the DISTRICT's current and long-term operations.
The DISTRICT and the DISCHARGER wish to enter into this thirty-six (36) month contract.
This Permit Contract outlines the responsibilities and requirements of the DISCHARGER and
the conditional limited obligation of the DISTRICT to accept Treated Leachate from the
DISCHARGER. Exhibits A, B, C, D, E, F, G, H, I and J to this Permit Contract are hereby
incorporated by reference into this Permit Contract.
3. TERM OF THE PERMIT CONTRACT:
The term of this Permit Contract is for the period from the Effective Date set forth in Paragraph
1 until June 30, 2027.
Neither the terms of this Permit Contract nor any action taken by either party pursuant to
agreements reached herein shall be construed to create a vested right of the DISCHARGER to
discharge, for any period subsequent to the term of this Permit Contract or any extensions
thereof as may be agreed to by the parties. Neither the DISTRICT's agreement to accept
Treated Leachate pursuant to the terms of this Permit Contract nor the acceptance of any
Treated Leachate in any manner implies the DISTRICT's agreement or obligation to accept
any Treated Leachate beyond the termination date of this Permit Contract or to accept
quantities in excess of those set forth in this Permit Contract at any time.
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4. RESPONSIBILITIES OF THE DISTRICT:
The DISTRICT hereby agrees to accept Treated Leachate from the DISCHARGER in such
manner and amount as set forth for the term of this Permit Contract and further agrees to
exercise its authority under this Permit Contract in good faith.
5. FEES FOR WASTEWATER SERVICE:
The DISCHARGER shall make payment to the DISTRICT the following fees:
5.1. Facilities Capacity Fee. DISCHARGER has paid the Facilities Capacity Fee
calculated for a discharge rate of 25 gallons per minute (GPM) of Treated
Leachate. DISCHARGER paid this fee on or about June 1, 1993.
5.1.1. As provided for in Section 6.1, DISCHARGER requested increasing the
maximum flow to 50 GPM during the wet season by increasing the flow
from the East Parcel only by up to 25 GPM. Should this flow increase
occur, the Facilities Capacity Fee will need to be recalculated. The
Facilities Capacity Fee for the additional volume above 25 GPM during the
initial period that this increased flow occurs will be calculated using the
leased Facility Capacity Fee formula in the Special Discharge Permit fees
while data is being generated from this new discharge volume.
5.1.2. If agreement is reached between the DISCHARGER and the DISTRICT to
allow this increased flow rate from the East Parcel during the wet season
to continue long-term, then the Facilities Capacity Fee shall be
recalculated, and DISCHARGER shall pay this recalculated fee.
Alternatively, DISCHARGER shall continue to pay for the Facilities
Capacity Fee for the volume of wastewater discharged above 25 GPM
using the leased Facility Capacity Fee formula in the Special Discharge
Permit fees.
5.2. Industrial Wastewater Discharge Permit Fee, which is based on actual costs
incurred in the administration of the DISTRICT's Environmental Compliance
program as it applies to the individual DISCHARGER. As part of this fee,
DISCHARGER shall also pay for the reasonable cost of DISTRICT's consultants,
including, but not limited to engineering consultants, analytical laboratories and
attorneys, whose services are reasonably required to assist in the creation or
administration of this Permit Contract.
5.3. DISTRICT's Sewer Service Charge, pursuant to rates set by the DISTRICT's
Board of Directors by resolution.
5.3.1. Calculation of Biochemical Oxygen Demand (BOD). For the determination
of the sewer service charge set forth above, BOD shall be determined by
laboratory analysis of Carbonaceous Biochemical Oxygen Demand
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(CBOD). Only results that meet test acceptance criteria, which includes
acceptable glucose-glutamic acid recovery, will be considered valid.
CBOD billing data reported as Non Detect (ND) shall be billed at 0.1 mg/L
less than Reporting Limit (RL).
5.3.2. Additional Costs Related to the Discharae of DISCHARGER's Treated
Leachate. In addition to all other costs to be borne by the DISCHARGER,
in the event additional monitoring of the DISTRICT's treatment plant
influent, effluent, receiving waters, sludge, ash or air emissions is required
by any regulatory agency because of, or due in whole, or in part, to the
discharge of DISCHARGER's Treated Leachate to the DISTRICT's
system, the DISCHARGER shall be responsible for the appropriate cost of
such monitoring. Such additional costs will be billed to DISCHARGER.
5.3.3. Payment of Fees and Charges. The DISTRICT will provide
DISCHARGER with an invoice for all the above fees and charges on a
quarterly basis. DISCHARGER shall make payment of the invoice within
30 days of the date on the invoice. Failure to pay the invoice by the due
date will be subject to a 10% late penalty on the outstanding balance and
a subsequent 1.5% monthly penalty until the balance is paid in full.
Continued non-payment greater than 120 days shall result in termination
of this Permit Contract and no further discharge would be allowed. If
DISCHARGER notifies the DISTRICT in writing of a disputed amount on
an invoice, the late penalties shall not apply to the disputed amount until
the claim is resolved.
6. CONDITIONS AND STANDARDS FOR DISCHARGE:
6.1. DISCHARGER may discharge to the DISTRICT's sewer system as set forth in
this Permit Contract no more than a monthly average of 25 GPM of Treated
Leachate for the months from June through October. Under no circumstances
shall the discharge exceed 35 GPM (50,400 gallons per day (GPD)) during these
dry season months. During the wet season months of November through May,
DISCHARGER may discharge to the DISTRICT's sewer system no more than a
monthly average of 50 GPM of Treated Leachate provided that the only source of
wastewater above the initial 25 GPM is from the East Parcel (referenced in
Section 6.1.2). Acceptance of this additional flow is conditional upon
DISCHARGER conducting the monitoring requirements identified in Sections
6.3.1 and 6.3.2, and further conditional upon the increased volume of discharge
not causing any operational problems to the DISCHARGER's pretreatment
system or interference of the DISTRICT's collection system, pumping station and
treatment plant operations. The discharge shall not exceed the flow rates
specified in this Section unless the flow limitations are modified by the DISTRICT
in writing pursuant to Section 7.14.2. The discharge shall only occur at the
approved discharge location identified in Exhibit B.
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The authorized sources of untreated wastewater that can be treated through the
Leachate Treatment Plant (LTP) within the flow limitations specified in this
Section are identified in Sections 6.1.1 through 6.1.8 below:
6.1.1. Raw Leachate from the North Parcel of the Acme Landfill.
6.1.2. Raw Leachate from the East Parcel of the Acme Landfill.
6.1.3. Seeps originating from the East Parcel of the Acme Landfill during
significant rainfall events.
6.1.4. Liquid -phase from the dewatering treatment of the sludge generated by
the LTP.
6.1.5. Pumped water from the sampling of leachate and groundwater monitoring
wells, provided that no more than 1,200 gallons of such water may be
added to the LTP influent in any 24-hour period.
6.1.6. Aqueous -phase of Landfill Gas (LFG) condensate that is pretreated
through the oil/water separator at the LFG Processing Plant. The flow rate
of LFG Condensate shall not exceed two (2) GPM.
6.1.7. Water used to wash down the LTP slab and rainwater that contacts the
LTP slab and East Parcel Leachate Containment Area that flows to the
LTP sumps.
6.1.8. Wastewater from laboratory sinks.
In the event that influent sources of raw leachate other than those
identified above are proposed, DISCHARGER shall submit a written
request to the DISTRICT for approval prior to introducing the new source
to the LTP.
Pumping rates from each individual location providing a source of influent
to the LTP shall not be altered significantly prior to, or during compliance
sampling activities in order to influence the results of a monitoring event or
sample quality.
6.2. The DISCHARGER may discharge Treated Leachate to the DISTRICT's sewer
system as set forth in this Permit Contract provided that the DISCHARGER
complies with the conditions of this Permit Contract and the specific discharge
limitations set forth herein and in Exhibit A. The DISCHARGER shall
immediately notify the DISTRICT in accordance with Section 6.6 below and shall
comply with all pertinent provisions of Section 6.6 if the flow or concentration
limitations are exceeded.
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6.3. The DISCHARGER shall administer a satisfactory compliance sampling and
analysis program for the raw and Treated Leachate and other authorized
wastewater sources identified in Section 6.1 which provides for the sampling and
analysis of each of the constituents set forth in Exhibit A. The compliance
sampling and analysis program shall meet the following requirements:
6.3.1. DISCHARGER shall conduct compliance sampling and analysis for all
applicable constituents at the frequency specified in Exhibit A. This
compliance sampling shall be conducted during discharge for a 24-hour
period and shall be representative of the waste stream to the extent
practicable. Proper sampling, sample handling, and preservation
techniques shall be employed at all times during the sampling period. All
samples for the constituents listed in Exhibit A of this Permit Contract shall
be taken at the designated sampling location(s) referenced in that Exhibit
and as shown in Exhibit B unless otherwise noted.
6.3.1.1. Exhibit A of this Permit Contract reflects changes in parameters
or frequency of sampling for certain parameters from the previous
Permit Contract. The DISTRICT reserves the option to reinstate
or revise the parameters and/or frequency of monitoring if the
DISCHARGER's or DISTRICT's sampling programs identify the
presence of a constituent that is substantially higher than the
historical data used to justify the reduction of the monitoring
activity. The DISTRICT will follow the process identified in Section
9 of this Permit Contract for notifying DISCHARGER of such a
change in the monitoring program requirements.
6.3.2. Collection procedures for all sampling activities required by this Permit
Contract shall be as follows:
6.3.2.1. Exhibit A requires that certain constituents be analyzed from
composite grab samples. For those constituents, at least four (4)
individual grab samples shall be taken during the 24-hour
sampling period. These grab samples shall be representative of
the waste stream to the extent practicable and shall be taken at
times coinciding with full process activity in the facility. Each grab
sample shall be appropriately preserved immediately after
collection. Individually preserved samples may be composited
prior to analysis. Samples taken for volatile organic analysis
(VOA) shall be composited by the contracted laboratory prior to
analysis.
6.3.2.2. The date and time at which the samples were collected shall be
recorded on the chain -of -custody form used for that sampling
event.
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6.3.3. All samples shall be taken and preserved in accordance with the current
edition of Code of Federal Regulations, Title 40, Part 136 (Guidelines
Establishing Test Procedures for the Analysis of Pollutants) and shall be
delivered to the laboratory for analysis within the same day of completion
of effluent sampling. Any samples that have exceeded the maximum
holding time specified in the above referenced federal regulations shall be
considered invalid for the purposes of determining compliance with the
terms and conditions of this Permit Contract. Exhibit F summarizes the
current maximum holding times for wastewater samples.
6.3.4. All analyses of samples taken in order to comply with this Permit Contract
shall be handled and preserved in accordance with the procedures
presented in the Code of Federal Regulations, Title 40, Part 136
(Guidelines Establishing Test Procedures for the Analysis of Pollutants). If
the sampling and analytical method is not identified in these regulations,
the procedures in Standard Methods for the Examination of Water and
Wastewater (latest edition) shall be followed. Exhibit F identifies the
current approved analytical methods for the wastewater samples for most
of the parameters specified. The approved analytical methods for any
parameters not included in Exhibit F are identified in Exhibit A. The
laboratory selected to conduct the analysis must be certified by the State
of California State Water Resources Control Board for wastewater
analysis.
6.3.4.1. Unless specifically stated in this Permit Contract, only the
analytical results obtained in accordance with the Code of Federal
Regulations, Title 40, Part 136 (Guidelines Establishing Test
Procedures for the Analysis of Pollutants) and analyzed by state
certified laboratories will be used to determine compliance with
the terms and conditions of this Permit Contract.
6.3.4.2. DISCHARGER shall report all effluent analytical results from
certified laboratories obtained from any sampling event including,
but not limited to, retests, duplicates, or split samples.
6.3.5. The DISTRICT shall have the opportunity to witness all compliance
sampling activities. The DISCHARGER shall contact the DISTRICT's
Environmental Compliance Section at least five (5) working days prior to
each sampling event by calling (925) 229-7288 or emailing
sourcecontrol@centralsan.org. Alternatively, a yearly sampling schedule
may be submitted to the DISTRICT in advance that shows the dates on
which compliance sampling will be conducted. The DISTRICT shall be
notified prior to the sampling event should the scheduled date(s) be
changed for any reason.
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6.3.6. A written request for an alternative compliance sampling and analysis
program shall be submitted to the DISTRICT for review and approval prior
to the initiation of such program.
6.3.7. At the DISTRICT's discretion, the compliance sampling and analysis
program may be performed solely or in part by the DISTRICT. The cost of
such DISTRICT sampling and analysis shall be paid by DISCHARGER.
Complete laboratory results of any DISTRICT sampling will be sent to the
DISCHARGER within 15 days upon receipt of complete analytical results.
The DISTRICT will split any samples taken with the DISCHARGER if the
DISCHARGER makes a timely request. Nothing in this Section shall be
construed to be inconsistent with other rights of the DISTRICT or
obligations of DISCHARGER set forth in this Permit Contract.
6.4. DISCHARGER shall submit a Periodic Compliance Report (PCR) (see Exhibit C)
that addresses the sampling requirements identified in Sections 6.3.1 and 6.3.2
with the original analysis report(s) and chain -of -custody to the DISTRICT's
Environmental Compliance Section, no later than the 28th day of the month
following the end of the quarterly reporting period. The quarterly reporting
periods shall be January through March, April through June, July through
September, and October through December. The DISTRICT may allow an
extension for the submittal of the PCR provided that the DISCHARGER requests
the extension in writing prior to the due date. Failure to submit the PCR within 45
days past the due date without prior notification to the DISTRICT shall be
considered significant noncompliance within the meaning of Title 10 of the
DISTRICT Code. The quarterly PCR shall also include the following:
6.4.1. Copies of electronic recording of the pH and flow meter measurements
reflecting the pH and flow of the Treated Leachate discharge for the
previous reporting period shall be submitted to the DISTRICT with each
quarterly PCR. Should any alteration of the electronic data be performed
while producing the charts, a detailed explanation shall be provided in
writing with the submittal of the chart(s). All original electronic data from
the flow and pH meters shall be retained pursuant to section 6.12 of this
Permit Contract.
6.4.2. Any Treated Leachate effluent analysis obtained by Environmental
Protection Agency (EPA) approved methods in addition to that required by
this Permit Contract shall be submitted to the DISTRICT with the next
PCR. Should the analysis data indicate a violation of this Permit Contract
and/or Title 10 of the DISTRICT Code, the procedures set forth in Section
6.6 below shall be followed.
6.4.3. Copies of a daily flow meter totalizer reading log reflecting the number of
gallons of Treated Leachate discharged to the sanitary sewer each 24-
hour operating period shall be submitted to the DISTRICT with each PCR.
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These copies shall reflect the daily Treated Leachate discharge quantity
for each month for the quarterly reporting period. For LTP operating
purposes, each operating day will begin at 0600.
6.4.4. Copies of receipts and/or manifests for off -haul, sludge, and solids shall
be submitted to the DISTRICT with each quarterly PCR.
6.4.5. LTP Operations Monitoring Data Summary which shall include, but not be
limited to, in house monitoring results for:
• LTP influent and effluent flow (in GPD and GPM);
• Potable water usage in GPD;
• LTP influent ammonia (NH3) and total suspended solids (TSS);
• Effluent NH3, TSS, NO3, NO2, and pH;
• Gallons and pounds of waste activated sludge;
Units shall be indicated in the summary where appropriate.
6.5. DISCHARGER shall maintain and operate the continuous effluent turbidity
analyzer and dissolved oxygen analyzers on aeration tank #1 and #2. The data
generated from these analyzers shall be retained electronically and shall be
accessible to DISTRICT representatives in accordance with Section 6.9.
6.6. DISCHARGER, after becoming aware of any violation of this Permit Contract or
Title 10 of the DISTRICT Code (https://www.centralsan.org/sites/main/files/file-
attach me nts/title_10.pdf?1711743272), shall immediately inform the DISTRICT
of the violation within 24 hours. Within five (5) working days after becoming
aware of the violation, the DISCHARGER shall submit a copy of the analytical
report (if applicable) with a cover letter explaining the cause of the violation(s)
and the actions that have been or will be taken (with time schedule) to prevent a
recurrence. In addition, the DISCHARGER shall repeat the sampling and
analysis for the parameter(s) in violation and submit the results of this repeat
analysis to the DISTRICT within 30 days of discovery of the initial violation.
6.7. In the event a sample from a DISTRICT sampling indicates that a parameter is in
violation, the DISTRICT may require DISCHARGER to resample the Treated
Leachate for the parameter(s) in violation, conduct the resampling itself, or
institute a Sampling and Evaluation Program. Complete laboratory results of any
DISTRICT resampling will be sent to the DISCHARGER within 15 days upon
receipt of complete analytical results. DISCHARGER shall be responsible for the
DISTRICT's costs of performing this resample event. Any DISTRICT resample
event shall not count as a DISTRICT unannounced sampling event as allowed
for in Section 6.11.1 of this Permit Contract.
6.8. DISCHARGER shall maintain complete and accurate daily operational logs
containing influent and effluent data from the analyses performed on -site for the
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purpose of monitoring the operations of the LTP (e.g. Influent/effluent testing for
ammonia, nitrates, nitrites, pH, and TSS), and the following information:
Total flow from East Parcel, LTP influent and LTP effluent (GPD and GPM);
Continuous recording of LTP effluent flow for each day of discharge; and,
Potable water flow from the totalizing flow meter.
6.9. DISCHARGER shall make electronic operational data available to DISTRICT
representatives for "Read -Only" access from DISTRICT offices. At a minimum,
the electronic data available through this system shall include:
• LTP effluent and influent flow data;
• Continuous monitoring readings from LTP effluent meters (e.g. effluent pH,
effluent turbidity);
Continuous monitoring readings from LTP process meters (e.g. dissolved
oxygen, pH);
DISCHARGER shall pay for and provide the software needed for the DISTRICT
to have access to this electronic data, if applicable. DISCHARGER shall provide
DISTRICT representatives with password(s) that will enable this read-only
access to this operating data. This electronic access shall be web -based.
6.10. In accordance with Section 10.12.070 of the DISTRICT Code, DISCHARGER
shall use the following certification statement when transmitting documents to the
DISTRICT that record or demonstrate compliance with Title 10 of the DISTRICT
Code or the conditions of this Permit Contract. Submittals requiring a
certification statement include, but are not limited to, PCRs, documentation
associated with a compliance schedule requirement, responses to a Warning
Notice or a Notice of Violation, and other required submittals. The certification
statement shall be signed by an authorized representative of the DISCHARGER:
"I certify under penalty of perjury that this document and all attachments were
prepared under my direction or supervision and in accordance with the system
designed to ensure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person(s) who manages the
system, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for knowingly
submitting false information, including the possibility of fine and/or imprisonment
for knowing violations."
6.11. The DISCHARGER shall provide access to the LTP, leachate extraction wells,
discharge location, and other locations of the Acme Landfill property associated
with the LTP, or that could contribute to LTP discharge quality. This access shall
be provided for any representative from the DISTRICT at all reasonable times to
conduct inspections and to conduct unannounced sampling of the Treated
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Leachate discharge and any other wastewater sources on the premises.
DISCHARGER has provided the required access by providing the DISTRICT with
an access code for the gate near the landfill gas processing unit that enables
access to the facility 24 hours per day, seven (7) days per week. The
DISTRICT's representative(s) shall contact DISCHARGER prior to accessing the
Acme Landfill property for the aforementioned inspections and/or sampling
events if access beyond the LTP is required. DISTRICT personnel shall be
allowed to take photographs to record violations of this Permit Contract as
necessary once access is provided.
6.11.1. The costs of the DISTRICT's sampling activities conducted during the
term of this Permit Contract shall be paid for by the DISCHARGER
(maximum eight [8] sampling events per year). Any additional DISTRICT
sampling undertaken pursuant to this Section will be paid for by the
DISTRICT.
6.11.2. DISCHARGER shall not tamper with, or in any way interfere with,
DISTRICT monitoring or sampling equipment or activities. The
DISCHARGER shall not intentionally alter the process discharge during
a DISTRICT sampling event in order to influence the outcome of the
DISTRICT's monitoring.
6.11.3. DISCHARGER shall provide the DISTRICT with sole and unrestricted
access to the effluent sampling location.
6.12. All records relating to compliance with the conditions of this Permit Contract shall
be made available to officials of the EPA, state and DISTRICT, or their
authorized representatives. These records shall be retained at DISCHARGER's
facility for a minimum of three (3) years from the date of any compliance report to
which these records are applicable or three (3) years from the date any
investigation or enforcement action undertaken by the DISTRICT, state or EPA
has been concluded, except when there is unresolved litigation regarding
DISCHARGER or the DISTRICT to which such records are relevant, or a request
of the General Manager of the DISTRICT for a longer retention, in which cases
the records shall be retained until the litigation is concluded (including the
expiration of all periods of limitation and of all appeals) or as requested by the
General Manager.
6.13. In the event of any discharge to the public sewer of substances known to be
dangerous or otherwise prohibited by this Permit Contract (e.g. Slug Discharge)
or by Title 10 of the DISTRICT Code, or in the event of any discharge to the
public sewer of substances that may have an immediate detrimental effect on the
DISTRICT's facilities or operations, or to the public, the DISCHARGER shall
immediately notify the DISTRICT of the incident by calling the following
telephone numbers:
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(925) 229-7288 (Environmental Compliance —leave message if no answer) AND
(925) 229-7214 (Treatment Plant Shift Supervisor).
The verbal notification shall include the following minimum information:
• Business name, contact person, and telephone number.
• Location, date, time, and duration of the discharge.
• Composition of the substance and its dangerous properties.
• Concentration and volume.
• Immediate corrective actions taken.
It shall be the responsibility of the DISCHARGER to notify the DISTRICT of any
unusual discharge whether or not the DISCHARGER is aware of any possible
impact to the DISTRICT's facilities or operations.
DISCHARGER shall also so notify the DISTRICT when any concentration
exceeds, for longer than 15 minutes, more than five (5) times a parameter level
set forth in Exhibit A, or if the daily discharge limitation found in Section 6.1 of
this permit contract is exceeded.
6.13.1. A notice shall be permanently posted on the DISCHARGER's premises
stating who shall be called in the event of a discharge to the public sewer
as referenced above. The DISCHARGER shall ensure that all
employees who may cause or allow such a discharge to occur, are
advised of the DISCHARGER's emergency notification procedure.
6.13.2. Within five (5) working days from the date of the discharge, the
DISCHARGER shall submit a detailed written report to the DISTRICT's
Environmental Compliance Section, describing the nature and cause of
the discharge and the measures that have been or will be taken (with
time schedule) to prevent similar future occurrence. Written submittals of
bypass events shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass.
6.14. DISCHARGER shall notify the DISTRICT's Environmental Compliance Section in
writing prior to any planned significant changes (permanent or temporary) to the
premises, processes, chemical usage, leachate treatment, and/or operations that
have the potential for changing the quality, volume, or location of the Treated
Leachate discharge or that may otherwise lead to deviation from the terms and
conditions under which this Permit Contract is granted. This includes, but is not
limited to, installation or modification of new equipment or processes and
changes affecting potential for slug discharges. The notification shall include: a
detailed description of the proposed significant change; the effective date(s) of
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the planned significant change; an evaluation of the effect the proposed change
has on the quality or volume of the discharge; and presentation of a program to
monitor the effect the proposed change has on the quality or volume of the
discharge. This notification shall be submitted by a Professional Engineer (PE)
registered in the State of California. DISCHARGER is responsible for monitoring
the effect the significant change has on the quality or volume of the discharge.
If after DISTRICT review of the proposal and supporting documentation it is
determined that the proposed significant change will materially affect the
DISCHARGER's ability to comply with the terms and conditions of this Permit
Contract, the DISTRICT shall so notify the DISCHARGER in writing of this
finding.
The DISTRICT may require additional monitoring of the treated and/or raw
leachate or other wastewater source(s) pursuant to Section 9 of this Permit
Contract in response to the DISCHARGER's proposed planned significant
change.
6.14.1. DISCHARGER shall also notify the DISTRICT's Environmental
Compliance Section and Treatment Plant of any atypical operational
changes that have the potential for changing the quality, volume, or
location of the Treated Leachate discharge. Notification of those types of
changes shall be made verbally, within 24 hours or the next business
day, followed by written notice within five (5) working days; this written
notice can be made using e-mail jtalarico@centralsan.org unless the
DISTRICT provides DISCHARGER with an alternative email address to
submit these written notices.
6.14.2. Failure to notify the DISTRICT of changes set forth in Sections 6.14 and
6.14.1 may lead to termination of this Permit Contract, at the discretion of
the DISTRICT.
6.15. A pretreatment facility operator shall be present at the site or have remote
access capabilities to perform initial assessment and correction if possible and
shall be available to be present at the site upon two (2) hours' notice during any
Treated Leachate discharge to the sanitary sewer system to ensure proper
operation and maintenance of the LTP and to maintain compliance with this
Permit Contract at all times. This operator shall have the necessary education
and experience related to the facility's operation, processes, and leachate
treatment. The operator shall also have a certificate of completion from the
California State University, Sacramento, in either Industrial Waste Treatment or
Operation of Wastewater Treatment Plants. Alternatively, such operator shall
have qualifications that are deemed acceptable by the DISTRICT.
DISCHARGER has submitted a list of the certified LTP operators to the
DISTRICT and shall report any change in operators on the respective quarterly
PCR and shall post a copy of the current operator's certification at a conspicuous
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location at the LTP. The qualifications and certifications of proposed new LTP
operators or qualifications which are different from those set forth in this Section
shall be submitted to the DISTRICT for review and approval five (5) days prior to
such operator being allowed to operate the LTP.
6.15.1. DISCHARGER shall furnish the DISTRICT with a list of the personnel
responsible for the operation and maintenance of the LTP and an
emergency telephone number that will provide access to emergency
coordinator or qualified operator. This will enable the DISTRICT to
provide for the same two-hour response as identified above if considered
necessary for the protection of DISTRICT facilities. This list may be
included as part of the Slug Discharge Prevention and Contingency
(SDPC) Plan identified in Section 7.12 of this Permit Contract.
7. CONDITIONS FOR DISCHARGER'S FACILITY AND OPERATIONS:
In order for the discharge to be authorized pursuant to this Permit Contract, DISCHARGER
shall comply with each of the following conditions:
7.1. A magnetic flow meter, or an alternative flow meter approved by the DISTRICT in
writing, which shows instantaneous and totalized flow shall be maintained on the
discharge piping. The flow meter shall interface with LTP SCADA system to
generate a discharge flow line chart. The flow meter shall be calibrated
according to manufacturer requirements to ensure accurate readings. A Palmer -
Bowles flume shall be maintained on the discharge piping with a permanently
mounted depth gauge to verify flow meter readings. A valve shall be located
downstream of the flow meter for the purpose of diverting flow into a container of
known volume to verify flow measurement utilizing time and known volume.
7.2. Pretreatment of the regulated discharges shall consist of, at a minimum,
biological treatment, aeration, pH adjustment, polymer addition to promote
settling solids as needed, and clarification. Sludge that is generated by the LTP
shall not be discharged to the sanitary sewer system. On -site dewatering
treatment of the sludge is a component of the pretreatment system when the
liquid phase is reintroduced into the influent stream of the LTP. Exhibit D shows
the LTP process schematic. DISCHARGER shall treat the raw leachate and
other approved influent sources identified in Sections 6.1.1 through 6.1.8 in
accordance with this schematic. The pretreatment system shall be maintained in
good operating condition at all times and be provided with a lockable discharge
shut-off valve in the event of an emergency.
7.2.1. The DISTRICT reserves the right to require the DISCHARGER to install
and maintain additional pretreatment equipment if deemed necessary to:
1) Enhance the ability to comply with effluent limits specified in Exhibit A if
pattern of non-compliance occurs; or 2) Reduce the levels of Total
Dissolved Solids (TDS) discharged to the sanitary sewer system; or 3)
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Increase the UV energy transmitted through the discharge based on UV
transmittance 4) Remove constituents that may become known as a
public/environmental health concern or pose a compliance problem for the
DISTRICT's operation. Such action may be required at any time if it is
determined that the acceptance of Treated Leachate has a detrimental
effect on the DISTRICT's recycled water quality, ability to disinfect the
DISTRICT's treatment plant effluent, or ability to conduct its operations in
a manner that protects public health/safety and the environment. The cost
of purchasing, installing, and operating any additional pretreatment system
shall be the sole responsibility of the DISCHARGER.
Should the installation and maintenance of additional pretreatment
equipment be required in order for the DISTRICT to meet the objectives
referenced above, DISCHARGER will be notified in advance of the
requirement, the DISTRICT and DISCHARGER will meet and review the
pretreatment options and a compliance schedule will be developed to
allow for reasonable time for the installation of the necessary pretreatment
equipment or facility modifications.
7.2.2. DISCHARGER shall conduct an analysis of additional pretreatment
alternatives to treat specific pollutant parameters that result in two (2)
violations of the same effluent limit specified in Exhibit A within a 12-month
period, or three (3) violations of the same effluent limit during the term of
this Permit Contract. DISCHARGER shall submit a written report of this
analysis within 60 calendar days after becoming aware of the violation that
invokes this requirement.
7.2.3. In addition to all other logs required to be kept by this Permit Contract,
DISCHARGER shall keep and maintain written operating logs containing
the following information at a minimum:
• All changes, additions, maintenance, and/or other actions performed
on the treatment processes. These actions include, but are not limited
to, process changes, calibrations, shutdowns, cleaning activities, and
system checks. These actions shall be recorded on this log on the day
performed.
• The volumes of the transfers of sludge from the clarifier to the sludge
dewatering system, or to storage, and the volumes of the transfers
from the sludge dewatering system to storage. The volumes of the
transfers of processed sludges shall be recorded on the log on the
date(s) the transfer occurs.
7.2.4 DISCHARGER may consider alternative pretreatment systems to treat the
raw leachate and other approved influent sources identified in Sections
6.1.1 through 6.1.8. A proposal to install an alternative pretreatment
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system shall be submitted to the DISTRICT in writing a minimum of 60
days prior to the proposed start of construction of said system for the
DISTRICT to evaluate. The proposal shall include at a minimum a
description of the system components, how the system will operate, waste
streams generated by the system, system performance data (e.g.,
removal efficiencies, treatment capacity, effluent discharge rate), process
schematic of the system, any effluent discharge analysis performed in
accordance with the current edition of Code of Federal Regulations, Title
40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of
Pollutants), a proposed timeline for the construction and start of operation
of the alternative pretreatment system, and plan for the switch over from
one pretreatment system to the other. The DISTRICT may request any
additional information needed to evaluate the alternative pretreatment
system. DISCHARGER shall not install and operate the alternative
pretreatment system without prior written approval by the DISTRICT. If
DISTRICT approves the alternative pretreatment system, this permit
contract may be amended to capture any needed changes for the
operation and maintenance of the new system (e.g., operating logs,
sampling requirements).
7.3. The effluent pH meter/recorder shall be maintained in proper working order at all
times. The pH meter/recorder shall activate an alarm when the pH
meter/recorder indicates a reading of less than 5.6 units or greater than 11.4
units. These settings shall also activate an automatic shutdown of the LTP
discharge to the sanitary sewer. The following measures shall be taken to
ensure proper operation of the effluent pH recorder:
• The pH measurement probes shall be cleaned monthly to ensure proper
operation of the pH meter/recorder.
The pH meter/recorder shall be calibrated with a two -point calibration
according to manufactures specifications or at least monthly to ensure
accurate pH readings.
• The above referenced maintenance activities, pH probe drift and any
adjustments or malfunctions of the pH correction system shall be recorded on
the pH measurement charts with the date and time of the occurrence and the
operator's initials.
7.4. The dissolved oxygen analyzers in aeration tanks #1 and #2 shall be maintained
in proper working order at all times. Any maintenance activities on the
equipment (e.g. calibrations) shall be recorded in the leachate treatment plant
logbook with the date and time of occurrence and the operator's initials.
7.5. The effluent turbidity analyzer/recorder shall be maintained in proper working
order at all times. Any maintenance activities on the equipment (e.g.
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calibrations) shall be recorded on the turbidity measurement charts with the date
and time of occurrence and the operator's initials.
7.6. The LTP alarm system shall continuously monitor for pH activating an automatic
shutdown or recycle of the pretreatment system so that the discharge to the
sanitary sewer system ceases immediately.
7.7. The LTP alarm system shall continuously monitor for dissolved oxygen,
activating an alarm if the dissolved oxygen is outside of operational range.
7.8. All pretreatment equipment, including meters, alarms, and valves, shall be
frequently monitored and maintained to ensure proper operation, reliability, and
accuracy. Any major changes in pretreatment equipment or operations must be
approved in advance by the DISTRICT and a revised Operation and
Maintenance manual submitted. The Operation and Maintenance manual for the
pretreatment facility shall include, but is not limited to, pertinent equipment
manuals, maintenance schedules, spare parts inventory, personnel training,
safety, and emergency procedures.
7.9. DISCHARGER shall provide adequate secondary containment for all hazardous
materials, satellite hazardous waste storage areas and/or materials prohibited by
Title 10 which are used relative to leachate treatment or which are byproducts of
such treatment, which are sufficiently close to any drains as to have the potential,
if a spill should occur, to discharge any of the above listed materials into the
DISTRICT's sewer system.
7.10. DISCHARGER shall not discharge raw leachate, any other influent sources
identified in Section 6.1, or any non -domestic wastewater to the DISTRICT's
sanitary sewer system without treatment through the LTP. DISCHARGER shall
not discharge Treated Leachate which does not comply with the discharge
limitations set forth in Exhibit A into the DISTRICT's sewer system and shall be
prepared to shut down the LTP influent, recycle the leachate within the LTP, or to
take other measures to accommodate a planned or emergency shutdown of the
system discharge as may be appropriate. DISCHARGER shall ensure that the
required SDPC Plan includes the elements necessary to ensure this emergency
response system is implemented appropriately.
7.11. Hazardous materials, spent chemical solutions, sludge, and/or any toxic or
hazardous wastes which are generated at the LTP shall be properly
containerized and stored in a secure area in accordance with all applicable state,
federal, and local laws. The spent chemical solutions, sludge, and any toxic or
hazardous wastes shall be either transported to an authorized facility by a
properly licensed hazardous waste hauler or recycled by a properly licensed
recycler. No discharge of untreated spent chemical solutions, oils, sludge, and/or
hazardous wastes to the sanitary sewer system is permitted. The DISCHARGER
shall implement an inspection and maintenance program to ensure that process
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sludge and solids do not accumulate in the facility's process discharge lines,
sampling structure, and/or sanitary sewer lateral.
7.12. DISCHARGER is required to prepare a SDPC Plan in order to provide the
necessary protection from slug discharges of restricted materials to the
DISTRICT's facilities. The SDPC Plan shall contain the following information, at
a minimum:
• A description of the discharge practices including non -routine batch
discharges.
• A description of stored hazardous chemicals.
• The practices for promptly notifying the DISTRICT of slug discharges,
including any discharge that would violate a specific discharge prohibition with
procedures for follow-up written notification within five (5) days.
• Procedures to prevent adverse impact from accidental spills including
maintenance and inspection of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site run-off,
worker training, building or containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or measures
or equipment for emergency response.
• Follow-up practices to limit the damage suffered by the DISTRICT's treatment
plant or the environment.
• A certification statement signed by an authorized representative, as required
in Section 6.10 of this Permit Contract.
Submittal of the SDPC Plan shall be in accordance with the Compliance
Schedule contained in Section 7.16 of this Permit Contract.
7.13. DISCHARGER shall not, in any way, attempt to dilute raw leachate or the LTP
discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this Permit Contract, or in any
National Pretreatment Standards, or in any other pollutant -specific limitation
developed by the Federal government, DISTRICT, or State.
7.13.1. The use of potable water at the LTP is limited to that necessary for
operations including the mixture of polymer and periodic wash down of
the LTP slab and equipment.
7.13.2. The totalizing flow meter located on the potable water supply line for the
LTP shall be properly maintained to ensure accurate flow measurements
are recorded.
7.14. Should the Treated Leachate be determined to cause or contribute to toxicity in
the DISTRICT's effluent, or in any way cause or contribute to the DISTRICT
failing to meet any regulatory condition, or to cause or contribute to a nuisance,
or should DISCHARGER fail to comply with any provision of this Permit Contract,
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the DISTRICT will have the right to immediately suspend or terminate
acceptance of the Treated Leachate. Acceptance will not be reinstated unless
and until DISCHARGER can prove to the satisfaction of the DISTRICT that the
Treated Leachate no longer causes or contributes to a condition, giving rise to
the suspension or termination of acceptance, and until DISCHARGER fully
complies with all provisions of this Permit Contract.
7.14.1. DISTRICT may require the flow rate of the Treated Leachate discharge
to be reduced from the rates authorized in Section 6.1 of this Permit
Contract in response to either non-compliance with the discharge
limitations identified in this Permit Contract or to monitor the potential
impact the Treated Leachate may be having on the DISTRICT's
operations. DISCHARGER shall comply with the DISTRICT's request to
reduce the discharge flow rate from the LTP.
7.14.2. DISTRICT may require, or may approve a request from DISCHARGER
to, change to the flow rates and limitations specified in Section 6.1 of this
Permit Contract to allow for seasonal variations of the discharge of
Treated Leachate during the wet and dry seasons. Such changes will
only be implemented if they will result in beneficial conditions for the
DISTRICT's operations and the LTP has the demonstrated ability to
properly treat the alternative flow rates. DISTRICT will only initiate a
change to seasonal flow rates if it is determined that reduced flows from
the LTP during the dry season is needed in order to properly manage the
DISTRICT's recycled water program. In the event the DISTRICT
requires this change to variable seasonal flow rates, DISTRICT shall
make reasonable efforts to accommodate DISCHARGER so as to
provide for a discharge of a total annual average volume of flow
equivalent to 25 GPM, or a prorated total annual average volume due to
the increased flow from the East Parcel during the wet season, if
implemented. The DISTRICT will provide DISCHARGER an opportunity
to seek San Francisco Bay Regional Water Quality Control Board
(RWQCB) approval, if needed, in order to modify the flow rates for
seasonal variations.
7.15. DISCHARGER shall operate the LTP to control the potential toxicity of the
Treated Leachate discharged to the sanitary sewer system. Parameters that can
be used to measure the potential toxicity of the Treated Leachate include, but are
not limited to, Whole Effluent Toxicity Testing, Chemical Oxygen Demand (COD),
nitrification performance of the LTP, and measured concentrations of parameters
known to contribute to toxicity (e.g. pesticides, mercury, polychlorinated
biphenyls (PCBs), dioxin compounds).
7.15.1. Objective enforcement response criteria the DISTRICT will use to
evaluate the Whole Effluent Toxicity test results concurrently with
appropriate control tests are established in Exhibit E.
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The enforcement response criteria for the Whole Effluent Toxicity test
contained in Exhibit E can be modified as necessary to adapt to changes
in the reliability of the Whole Effluent Toxicity test methods.
Modifications to the criteria in Exhibit E shall be agreed upon by both
DISTRICT and DISCHARGER after reasonable negotiations. If after
reasonable negotiations concurrence on the modified criteria cannot be
reached between the DISTRICT and the DISCHARGER, the DISTRICT
shall establish the modified criteria without concurrence by the
DISCHARGER. The DISTRICT shall notify the DISCHARGER in writing
of changes to the criteria contained in Exhibit E with an effective date of
the changes.
7.16. ComDliance Schedule
The following tasks shall be completed by the date specified:
REQUIRED ACTION
DUE DATE
DISCHARGER shall review and update the current Slug September 30, 2024
Discharge Prevention and Contingency (SDPC) Plan in
accordance with CCCSD Guidelines (see Exhibit J). Submit the
SDPC Plan to the DISTRICT if changes are made or certify that
the SDPC Plan on file with the DISTRICT is accurate.
2. DISCHARGER shall review and update the current Slug September 30, 2026
Discharge Prevention and Contingency (SDPC) Plan in
accordance with CCCSD Guidelines (see Exhibit J). Submit the
SDPC Plan to the DISTRICT if changes are made or certify that
the SDPC Plan on file with the DISTRICT is accurate.
8. REGULATORY STATUS OF LEACHATE:
The DISCHARGER shall continuously monitor federal and state policies and regulations
regarding the classification of the raw leachate as a hazardous waste in order to identify
options to classify the raw leachate as a non -hazardous waste. DISCHARGER shall be
responsible for filing the necessary petitions to have the raw leachate classified as a non-
hazardous waste, obtain a variance, or document the continued applicability of the domestic
sewage exclusion when options become available or additional requirements apply.
The DISTRICT will have the right to suspend or terminate acceptance of the DISCHARGER's
Treated Leachate discharge, notwithstanding any other provisions of this Permit Contract, if
the classification of the leachate as a hazardous waste results in the DISTRICT being subject
to the hazardous waste management laws with a classification as a hazardous waste
Treatment, Storage, and Disposal Facility, or if it affects the DISTRICT's ability to recycle
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water. To the extent any statutory or regulatory protection or authorization for the DISTRICT
exists at that time regarding the receipt of specific hazardous waste through public sewers, the
DISTRICT shall take those provisions into account prior to suspending or terminating
acceptance of the DISCHARGER's Treated Leachate discharge. To the extent any other
protections or authorizations for the DISTRICT may be available at that time, such protections
and authorizations will also be considered prior to suspension or termination.
9. DISTRICT RESERVATION OF RIGHT TO REVISE DISCHARGE PARAMETERS AND
ANALYSIS METHODS:
9.1. The DISTRICT reserves the right to revise the effluent discharge limits or the
monitoring program (parameters and/or frequency of sampling) as set forth in
Exhibit A under this Permit Contract as may be required to protect the
DISTRICT's facilities from pass -through of pollutants (to include effect on water,
recycled water, air and sludge or ash), or other interference with DISTRICT
operations, or to meet regulatory requirements as are imposed by any federal,
state, or local regulatory agency, or to protect the public health, safety or welfare,
during the term of this Permit Contract. Within the three-year term of the Permit
Contract, the limits in Exhibit A may need to be adjusted as part of changes to
the local limits evaluation and/or as part of the DISTRICT's adopted National
Pollutant Discharge Elimination System (NPDES) Permit. In the event the
DISTRICT revises the parameters as set forth in this paragraph, the
DISCHARGER shall receive written notice of such revisions as soon as
practicable prior to the effective date of the revision. If the proposed revision
requires the DISCHARGER to perform extensive hardware modifications, and
the DISCHARGER so notifies the DISTRICT in a timely manner, the effective
date of the revision may be extended. To the extent the revision is a result of
new regulatory requirements imposed by the EPA or the State and such an entity
or a regulatory agency sets forth a compliance schedule, the DISCHARGER will
be subject to that compliance schedule unless stated otherwise in the notice
provided by DISTRICT. DISCHARGER shall be solely responsible for all costs
incurred to comply with any new monitoring requirements.
The DISTRICT shall make reasonable efforts to apply any revised parameter
limit to other regulated dischargers of the relevant constituent(s) in an equitable
manner.
9.2. The DISTRICT reserves the right to revise the required effluent discharge
analytical methods as set forth in Exhibit F under this Permit Contract as may be
required to comply with updates including, but not limited to, the Code of Federal
Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the
Analysis of Pollutants) or Standard Methods for the Examination of Water and
Wastewater.
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10. FURTHER REQUIREMENTS OF REGIONAL WATER QUALITY CONTROL BOARD:
DISCHARGER acknowledges that it is possible that the San Francisco Bay RWQCB will
impose additional requirements upon DISCHARGER apart from those present in this Permit
Contract, and that DISTRICT shall have the right to suspend or terminate DISCHARGER's
Treated Leachate discharge if DISCHARGER fails to follow such requirements.
DISCHARGER further acknowledges that the RWQCB may not approve the treatment
parameters set forth in Exhibit A and/or the treatment process set forth in Exhibit D. In such a
case, the DISTRICT shall have the right in its discretion to suspend or terminate discharge of
Treated Leachate and/or to suspend or terminate this Permit Contract.
11. APPLICABILITY OF DISTRICT CODE:
In addition to the terms and conditions of this Permit Contract, the DISCHARGER shall comply
with the DISTRICT's Source Control Ordinance as well as other provisions of the DISTRICT's
Code and Resolutions. In the event there is a conflict or inconsistency between this Permit
Contract and the DISTRICT's Source Control Ordinance, Code, and/or Resolutions, the
DISCHARGER must comply with the most stringent standard, condition, or requirement
provided for in this Permit Contract, the Ordinance, Code, and/or Resolutions.
It is understood by the parties hereto that modifications to the DISTRICT's Source Control
Ordinance during the term of this Permit Contract are possible. To the extent such newly
enacted ordinance amendments alter the discharge requirements set forth under this Permit
Contract, such amended ordinance provisions shall be applicable to and binding on the
DISCHARGER. To the extent said ordinance changes will require the DISCHARGER to
modify its facilities, the DISCHARGER shall be given at least 90 days subsequent to the
effective date of the ordinance amendment in which to make such changes or modifications. If
the ordinance change will require the DISCHARGER to perform extensive hardware
modification, and the DISCHARGER so notifies the DISTRICT in a timely manner, the effective
date of the application of the ordinance change to the DISCHARGER may be extended.
11.1. The DISTRICT's Source Control Ordinance has a discharge prohibition for PCBs
and Dioxin compounds in section 10.08.040 P. For purposes of enforcement,
compliance with this discharge prohibition shall be determined for:
11.1.1. PCBs using EPA Method 608.
11.1.2. Dioxin compounds using EPA Method 1613 when the detected
parameters are measured at concentrations above the Minimum Level
(ML) for the dioxin congeners.
12. DISCHARGER COMPLIANCE WITH OTHER REGULATIONS:
It is the responsibility of the DISCHARGER to obtain and keep in force all permits, prepare and
file all documents and reports, and pay all fees and charges required by any Federal, State, or
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local agencies other than the DISTRICT related to the operation of its LTP. The
DISCHARGER shall in all respects comply with applicable statutes, laws, rules, regulations,
ordinances, orders, and procedures imposed by the EPA, the State of California Department of
Toxic Substances Control, the RWQCB, and all other Federal, State, and/or local agencies
having jurisdiction over the monitoring, inspection, sampling, discharge, and treatment of the
leachate to be discharged to the DISTRICT's sewer, whether said statutes, laws, rules,
regulations, ordinances, orders, and procedures are currently in effect or hereafter adopted.
12.1. DISCHARGER shall submit to the DISTRICT copies of all new notices of
violation, and/or complaints issued from all Federal, State, and/or local agencies
pertaining to, or affecting, the operation of the LTP and the leachate extraction.
These copies shall be submitted after receipt with the following quarterly PCR.
12.2. DISCHARGER shall make available to the DISTRICT, within 60 days of receipt,
copies of all new or renewed licenses, permits, orders, and/or claims issued from
all Federal, State, and/or local agencies pertaining to, or affecting, the operation
of the LTP and the leachate extraction.
12.3. DISCHARGER shall make available to the DISTRICT, within 60 days of their
submission or receipt, copies of all reports submitted to and/or correspondence
with the RWQCB, which are related to compliance with RWQCB requirements for
the leachate monitoring, treatment, and extraction operations. These reports
and/or correspondence shall include, but are not limited to, leachate monitoring
well reports and compliance status reports.
12.4. DISCHARGER is responsible for complying with all the conditions established in
this Permit Contract. None of the Permit Contract conditions are intended to
contradict or create inconsistencies with the regulatory requirements of other
agencies. The DISCHARGER is responsible for notifying the DISTRICT of
contradictions or inconsistencies with any conditions of this Permit Contract and
the requirements of other regulatory agencies.
13. DESIGNATED REPRESENTATIVES:
The DISTRICT designates the General Manager or their designee as its representative.
The DISCHARGER designates Nicholas J. Farros or his designee as its representative.
13.1. All reports and /or enforcement related documents as may be required or
resulting from this Permit Contract shall be signed by an authorized
representative of the DISCHARGER as defined in Section 10.04.020(B) of the
DISTRICT Code. DISCHARGER shall provide the DISTRICT with a list of its
authorized representatives and level of signature authority.
4894-6644-6780 v1 Page 22 of 29
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Page 27 of 49
13.2. All notices to either party by the other concerning this Permit Contract shall be
deemed given when made in writing and hand delivered or mailed by certified
mail to such parties' designated representative at their respective addresses:
DISTRICT: Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
DISCHARGER: Acme Fill Corporation
950 Waterbird Way
P.O. Box 1108
Martinez, CA 94553
14. INSURANCE
DISCHARGER shall, at its own expense, procure and maintain the following insurance with the
specified terms and conditions as detailed below. Coverage must be in place for the duration
of the Permit Contract.
14.1. COMMERCIAL GENERAL LIABILITY INSURANCE
a. DISCHARGER shall maintain Commercial General Liability (CGL)
Insurance in any combination of primary, excess or umbrella insurance, covering
all operations by or on behalf of DISCHARGER.
b. The policy shall be at least as broad as Insurance Services Office (ISO)
form CG 00 01 which provides coverage on an `occurrence' basis and includes
coverage for operations, property damage and bodily injury and personal and
advertising injury with limits of no less than $2,000,000 per occurrence.
C. If a general aggregate applies, either the general aggregate shall apply
separately to this Permit Contract, or the general aggregate limit shall be twice
the required occurrence limit.
d. The DISTRICT, its officers, directors, and employees shall be covered as
additional insureds on the CGL policy with respect to liability arising out of the
performance of this Permit Contract, including but not limited to the discharge of
Treated Leachate or any unauthorized discharge.
Coverage can be provided either as a policy provision or via endorsement
providing coverage at least as broad as ISO form CG 2010 11/85 or via one of
the following: ISO forms CG 20 10 (07/04), CG 20 26 (07/04), CG 20 33 (07/04)
or CG 20 38 (07/04).
e. For any claims related to this Permit Contract the DISCHARGER's
insurance shall be primary with coverage at least as broad as ISO form CG 20
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Page 28 of 49
01 (04/13) as respects the DISTRICT, its officers, directors, and employees. Any
insurance or self-insurance maintained by the DISTRICT shall be excess of the
DISCHARGER's insurance and shall not contribute with it.
14.2. POLLUTION LEGAL LIABILITY INSURANCE
a. DISCHARGER shall maintain Pollution Legal Liability Insurance, with a
limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate
per policy period of one year.
14.3. OTHER PROVISIONS
The following provisions shall also apply:
a. Acceptable Insurers - Each required insurance policy shall be placed with
insurance companies licensed to do business in California that have been rated
at least `A VI I' by A. M. Best.
b. Notice of Cancellation - Each required insurance policy shall state, or be
endorsed to state, that coverage shall not be canceled or reduced without thirty
(30) days' prior written notice to the DISTRICT or (10) days' notice for
cancellation for nonpayment of premiums.
C. Waiver of Subrogation — DISCHARGER hereby grants to DISTRICT a
waiver of any right to subrogation which any insurer of DISCHARGER may
acquire against the DISTRICT by virtue of the payment of any loss under such
insurance. DISCHARGER agrees to obtain any endorsements that may be
necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the DISCHARGER has received a waiver of
subrogation endorsement from the insurer.
d. Self -Insured Retentions — Self -insured retentions must be declared to and
approved by the DISTRICT. The DISTRICT may require DISCHARGER to
purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigation, claims administration, and defense expenses within the
retention. The coverage shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or the DISTRICT.
e. Verification of Insurance Coverage — The DISTRICT utilizes the services
of EBIX, Inc. to confirm insurance compliance and to collect electronic copies of
Certificates of Insurance. DISCHARGER shall submit all required information to
EBIX, Inc with original certificates and amendatory endorsements or copies of
the applicable policy language effecting coverage required herein. All certificates
and endorsements shall be verified by EBIX and accepted by the DISTRICT
within ten (10) days of DISTRICT's execution of the Permit Contract. The
DISTRICT may also require copies of Policy Declarations Pages and Schedules
4894-6644-6780 v1 Page 24 of 29
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Page 29 of 49
of Policy Endorsements. DISCHARGER shall provide insurance documentation
to centralsan(a)-ebix.com for processing.
Failure to obtain the required documents prior to the beginning of discharge
under this permit shall not waive DISCHARGER's obligation to provide them.
The DISTRICT reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required herein at any
time.
f. Special Risks or Circumstances - The DISTRICT reserves the right to
modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
g. Non-compliance - In the event DISCHARGER fails to comply with this
Section, the DISTRICT may take such action as the DISTRICT deems necessary
to protect the DISTRICT's interest. Such action may include but is not limited to
termination of the Contract, or other actions as the DISTRICT deems
appropriate.
14.4. The DISCHARGER has deposited Fifty Thousand Dollars ($50,000) with the
DISTRICT to establish a long-term payable account that will earn interest using
the Local Agency Investment Fund (LAIF) rate. It is understood and agreed that
the DISTRICT may, on fifteen (15) days' notice to the DISCHARGER, with or
without the consent of the DISCHARGER, make use of such security funds for
payment of delinquent fees or charges imposed pursuant to this Permit Contract
and/or for payment of any defense costs or liability arising out of or resulting from
the operations of the DISCHARGER's facility at Martinez, California, including
the discharge of Treated Leachate or any unauthorized discharge from that
facility into the public sewer. This long-term payable account shall remain in
effect throughout the term of this Permit Contract, and shall be in addition to
other fees, protection, and requirements as may be set forth herein. The
DISTRICT shall calculate the interest earned on this long-term payable account
annually using the average annual LAIF interest rate. The DISTRICT shall
provide DISCHARGER with an annual account statement. Payment of the
earned interest shall occur annually in July.
15. DEFENSE AND INDEMNIFICATION
15.1 Scope of Defense and Indemnity — To the fullest extent permitted by law,
DISCHARGER shall defend (with counsel reasonably approved by DISTRICT),
indemnify and hold the DISTRICT, its officials, employees, agents and authorized
volunteers free and harmless from any and all claims, demands, causes of
action, suits, actions, proceedings, costs, expenses, liability, judgments, awards,
decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims") in any
4894-6644-6780 v1 Page 25 of 29
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Page 30 of 49
manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions, or willful misconduct of DISCHARGER, its officials, officers,
employees, subcontractors, consultants or agents in connection with this Permit
Contract or the discharge of Treated Leachate, raw leachate, or hazardous
materials associated with this Permit Contract, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees
and other related costs and expenses. Notwithstanding the foregoing, to the
extent required by Civil Code section 2782, DISCHARGER's indemnity obligation
shall not apply to liability for damages for death or bodily injury to persons, injury
to property, or any other loss, damage or expense arising from the gross
negligence or willful misconduct of the DISTRICT or the DISTRICT's agents,
servants, or independent contractors who are directly responsible to the
DISTRICT.
15.2 Additional Indemnity Obligations — In addition, DISCHARGER shall pay and
satisfy any judgment, award or decree that may be rendered against DISTRICT
or its officials, employees, agents and authorized volunteers as part of any such
Claims. DISCHARGER shall also reimburse DISTRICT for the cost of any
settlement paid by DISTRICT or its officials, employees, agents and authorized
volunteers as part of any such Claims. Such reimbursement shall include
payment for DISTRICT's attorney's fees and costs, including expert witness fees.
DISCHARGER shall reimburse DISTRICT and its officials, employees, agents
and authorized volunteers, for any and all legal expenses and costs incurred by
each of them in connection therewith or in enforcing the indemnity herein
provided. DISCHARGER's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the DISTRICT, its officials, employees,
agents and authorized volunteers.
16. SAFETY:
The DISCHARGER shall perform all work related to the operations under this Permit Contract
in compliance with the California Occupational Safety and Health Administration (Cal/OSHA)
requirements and all other applicable laws, statutes, ordinances, rules, and regulations which
shall relate to the health and safety for DISCHARGER's personnel, agents, and
subcontractors.
16.1. The DISCHARGER shall ensure that DISTRICT personnel are informed of any
specific safety procedures, alarms, or personal protective equipment
requirements for the entire facility or within certain areas of the facility.
17. RESPONSIBILITY FOR COSTS AND EXPENSES:
17.1. All conditions, requirements, and responsibilities of the DISCHARGER set forth
in this Permit Contract shall be at the sole cost and expense of the
DISCHARGER and at no cost to the DISTRICT.
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Page 31 of 49
17.2. DISCHARGER shall reimburse the DISTRICT for all costs associated with any
additional training required (e.g. OSHA training requirements) in order for
DISTRICT personnel to perform duties related to the inspection, monitoring,
and/or sampling of the leachate extraction operations or treatment thereof.
17.3. In the event additional costs are incurred by the DISTRICT in part due to the
acceptance of DISCHARGER's Treated Leachate and in part due to other
factors, the DISTRICT shall make all reasonable efforts to proportion the costs
attributable to the DISCHARGER, and the DISCHARGER shall only be
responsible for such costs in proportion to its responsibility.
Although the issuance of this Permit Contract and related acts are presumably
exempt from the requirements of the California Environmental Quality Act
(CEQA), DISCHARGER shall be responsible for all costs related to any
compliance with that Act related to the issuance of the Permit Contract and
DISTRICT's acceptance of Treated Leachate, and shall assume the defense of
and indemnify and save harmless the DISTRICT and its officers, directors, and
employees for all claims, loss, damage, injury, and liability of whatever kind,
nature, and description, including reasonable attorneys' fees related to such
CEQA compliance, in accordance with the defense and indemnity provisions at
Section 15 of this Permit Contract.
18. SUBSTANTIAL VIOLATIONS:
18.1. A violation of the discharge parameters defined in this Permit Contract, including
the discharge rate limit, may result in the immediate termination of the
DISCHARGER's permission to discharge, at the sole discretion of the DISTRICT.
The termination of permission to discharge may be for a set period or for the
entire remaining term of the Permit Contract, at the sole discretion of the
DISTRICT.
18.2. The provisions in this Section relating to violations are in addition to, and not in
lieu of, those relating to significant noncompliance set forth in the DISTRICT
Code. Additionally, the remedies set forth in this Section 18 are in addition to,
and not exclusive of, any remedies provided in Section 15 of this Permit
Contract, Title 10 of the DISTRICT Code, or any other Federal, State, or local law
or regulation.
19. TRANSFERABILITY:
The rights provided under this Permit Contract to the DISCHARGER are non -transferable and
non -assignable, unless a written authorization for the transfer or assignment is first issued by
the DISTRICT.
4894-6644-6780 v1 Page 27 of 29
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20. REMEDIES:
In the event that either the DISTRICT or the DISCHARGER brings an action or proceedings for
damages for an alleged breach of any provision of this Permit Contract, the prevailing party
shall be entitled to recover as part of such action or proceedings all court costs and reasonable
attorneys' fees. "Prevailing party" for the purposes of this Section 20 shall include, without
limitation, the party who received from the other party sums allegedly due, performance of the
covenants allegedly breached, consideration substantially equal to that which was demanded,
or substantially the relief or consideration sought, whether or not any judicial proceeding is
commenced or prosecuted to final judgment, or a party who dismisses a judicial action in
return for substantially the performance or relief sought or in the payment of sums allegedly
due. These remedies are in addition to, and not in lieu of, those remedies provided in Section
15 of this Permit Contract, or any other remedies provided by Federal, State, or local law.
21. SEVERABILITY:
In the event a legal action is brought by a person or entity other than the parties to this Permit
Contract, to challenge, invalidate, contest, or set aside any of the provisions of this Permit
Contract, each and every term and condition, and each and every section and paragraph is
severable from the remaining terms, conditions, sections, and paragraphs. Invalidation of any
term, condition, section, or paragraph as a result of a legal action brought by a person or entity
not a party to this Permit Contract, shall not affect the validity or enforceability of the remaining
provisions. Each of said remaining provisions shall remain in full force and effect.
22. CONTEST OF CONTRACT'S TERMS BY THE PARTIES:
In the event either party to this Permit Contract attempts to challenge the validity of any portion
of this Permit Contract, such action in attempting to challenge the Permit Contract shall
constitute a material breach of this Permit Contract and the non -breaching party shall have the
right to elect to terminate forthwith without suit or other proceeding. This paragraph shall not
be construed to prevent either party from seeking redress to the courts for purposes of legal
review of DISTRICT procedures in regard to the setting of fees or for the purpose of enforcing
the provisions contained in this Permit Contract.
23. TERMS OF THE PERMIT CONTRACT BARGAINED FOR:
All terms, conditions and obligations contained in this Permit Contract have been bargained for
and agreed upon by the parties in good faith. Further, the parties have entered into this Permit
Contract on advice of counsel. This Permit Contract shall become binding only upon the
signing hereafter of the authorized representatives of both parties.
24. ENFORCEMENT:
In addition to the enforcement mechanisms and remedies set forth in this Permit Contract,
DISCHARGER shall be subject to the enforcement mechanisms and remedies set forth in Title
4894-6644-6780 v1 Page 28 of 29
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Page 33 of 49
10 of the DISTRICT Code and/or by State, Federal, or local law or regulation for non-
compliance with the terms and conditions of this Permit Contract (Exhibit I).
25. AUTHORIZED SIGNATURES:
Authorized Representative
ACME FILL CORPORATION
Date
APPROVED AS TO FORM:
Legal Counsel
ACME FILL CORPORATION
Date
4894-6644-6780 v1
General Manager
CENTRAL CONTRA COSTA SANITARY
DISTRICT
Date
District Counsel
CENTRAL CONTRA COSTA SANITARY
DISTRICT
Date
Page 29 of 29
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 35 of 62
Page 34 of 49
CENTRAL CONTRA COSTA SANITARY DISTRICT
WASTEWATER DISCHARGE PERMIT CONTRACT
WITH ACME FILL CORPORATION
TABLE OF EXHIBITS
EXHIBIT A COMPLIANCE SAMPLING AND ANALYSIS REQUIREMENTS
- LEACHATE TREATMENT PLANT
- EAST PARCEL MONITORING
EXHIBIT B LTP SITE MAP WITH DESIGNATED SAMPLING LOCATIONS
AND APPROVED DISCHARGE LOCATION
EXHIBIT C PERIODIC COMPLIANCE REPORT
EXHIBIT D LEACHATE TREATMENT PLANT PROCESS SCHEMATIC
EXHIBIT E ENFORCEMENT RESPONSE CRITERIA FOR WHOLE
EFFLUENT TOXICITY TESTING PROGRAM
EXHIBIT F APPROVED WASTEWATER METHODS AND HOLDING
TIMES FOR CCCSD REQUIRED PARAMETERS
EXHIBIT G CCCSD LIST OF TOTAL TOXIC ORGANIC (TTO)
POLLUTANTS
EXHIBIT H DETERMINATION OF SIGNIFICANT NON COMPLAINCE
EXHIBIT I SUMMARY OF ENFORCEMENT - TITLE 10: CHAPTER 10.16
OF DISTRICT CODE
EXHIBIT J CCCSD GUIDELINES FOR PREPARING A SLUG
DISCHARGE PREVENTION AND CONTINGENCY (SDPC)
PLAN
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 36 of 62
Page 35 of 49
EXHIBIT A
LEACHATE TREATMENT PLANT COMPLIANCE SAMPLING AND ANALYSIS REQUIREMENTS
ACME FILL CORPORATION LEACHATE TREATMENT PLANT (LTP)
950 WATERBIRD WAY, MARTINEZ, CA 94553
CONSTITUENT
SAMPLE TYPE
SAMPLE
LOCATION
SAMPLING
FREQUENCY
DISCHARGE
LIMITATION'
COMMENTS
Arsenic (As)
24-hr. Composite
Effluent
Annually
0.8
See Exhibit F for method
Cadmium (Cd)
24-hr. Composite
Effluent
Annually
0.3
See Exhibit F for method
Chromium (Cr,T)
24-hr. Composite
Effluent
Annually
1.5
See Exhibit F for method
Copper (Cu)
24-hr. Composite
Effluent
Quarterly
0.9
See Exhibit F for method
Lead (Pb)
24-hr. Composite
Effluent
Annually
0.4
See Exhibit F for method
Mercury (Hg)
24-hr. Composite
Effluent
Quarterly
0.003
See Exhibit F for method
Nickel (Ni)
24-hr. Composite
Effluent
Annually
3
See Exhibit F for method
Selenium (Se)
24-hr. Composite
Effluent
Annually
0.3
See Exhibit F for method
Silver (Ag)
24-hr. Composite
Effluent
Annually
1
See Exhibit F for method
Zinc (Zn)
24-hr. Composite
Effluent
Annually
4.5
See Exhibit F for method
Cyanide (CN)
Composite Grab
Effluent
Quarterly
0.5
See Exhibit F for method
pH
Continuous (recorder
Effluent
Continuous
5.5 - 11.5 units
Submit effluent charts with
chart)
Quarterly PCR
Total Toxic Organics
Composite Grab
Effluent
Semi -Annual
2.10
EPA Method 624
(TTO)3
24-hr. Composite
Effluent
Semi -Annual
(part of above)
EPA Method 625
24-hr. Composite
Effluent
Semi-annual
(part of above)
EPA Method 608 - including
PCB prohibition
PCB Arochlors
Whole Effluent Toxicity'
24-hr. Composite
Effluent
Semi -Annuals
100 Tus
EPA-821-R-02-014, method
(Last 12-months of
1007
Contract Only)
TSS
24-hr. Composite
Effluent
Quarterly
Sample Only
See Exhibit F for method
Dioxin congeners
24-hr. Composite
Effluent
Annually
Prohibition above ML
EPA Method 1613
Radioactivity
24-hr. Composite
Effluent
Annually
Refer to
900 (proportional or
10CFR20.20036
scintillation counter)
Sulfides
Composite Grab
Effluent
Annually
0.50
See Exhibit F for method
CBOD
24-hr. Composite
Effluent
Quarterly
Sample Only
See Exhibit F for method
Ammonia
Composite Grab
Effluent
Quarterly
15
SM 4500 NH3 B +4500 NH3 C
Or SM 4500 NH3 F
TDS
24-hr. Composite
Effluent
Quarterly
Sample only
See Exhibit F for method
SAMPLING LOCATION: All Effluent samples shall be taken from the discharge pipe at the Designated Sampling Location
downstream of the LTP Clarifier. (refer to Exhibit B).
REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before
the 281h of the month following the reporting period (refer to Section 6.4 of the Permit Contract).
NOTES:
1. All Discharge Limitations are to be applied to the effluent sampling results only and are expressed in mg/L unless otherwise noted.
2. All samples consisting of at least four (4) grab samples taken during the entire sampling period. Each grab sample shall be
appropriately preserved immediately after collection. Individually preserved grab samples may be composited prior to analysis.
Samples taken for Volatile Organic Analysis (EPA Method 624), shall be composited by the contracted laboratory prior to analysis.
3. The analysis methods set forth in 40 CFR Part 136, Methods 624, 625, and 608, provide data on the TTO constituents. The
constituents (except PCB Aroclors) with concentrations greater than 0.01 mg/L must be added together to determine compliance
with the District's Local Discharge Limit for TTO. PCBs measured under EPA Method 608 are subject to a discharge prohibition.
All identifiable toxic organic compounds listed in Exhibit G, found in the above referenced analysis shall be reported.
4. Whole Effluent Toxicity sampling shall consist of chronic toxicity for the same species required for the District's Whole Effluent
Toxicity, currently Americamysis bahia (Mysid Shrimp). If the species for the District's Whole Effluent Toxicity is changed the
District shall notify the Discharger at least 14 days prior to ACME's next WET test sampling event. If Discharger performs analysis
to determine salt control the salt control results shall also be provided with the toxicity analysis.
5. Sampling for Whole Effluent Toxicity shall be conducted in the last 12-months of the permit contract during one of the required
compliance sampling events during the months of April through September for the dry season and during one of the required
compliance sampling events during the months of October through March for the wet season.
6. Refer to 10 CFR 20.2003 for applicable federal radioactivity limits.
Updated 4/12/2024
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 37 of 62
Page 36 of 49
EXHIBIT A
EAST PARCEL MONITORING REQUIREMENTS'
ACME FILL CORPORATION LEACHATE TREATMENT PLANT (LTP)
950 WATERBIRD WAY, MARTINEZ, CA 94553
CONSTITUENT
SAMPLE TYPE
SAMPLE
LOCATION
SAMPLING
FREQUENCY
DISCHARGE
LIMITATION'
COMMENTS
Arsenic (As)8
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Cadmium (Cd)8
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Chromium (Cr,T)8
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Copper (Cu)8
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Lead (Pb)8
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Mercury (Hg)8
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Nickel (Ni)8
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Selenium (Se)8
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Silver (Ag)8
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Zinc (Zn)8
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Cyanide (CN)8
Composite Grab
Influent
Monthly
Sample only
See Exhibit F for method
Phenol'
Composite Grab
Influent
Annually
Sample only
See Exhibit F for method
pH9
Grab
Influent
Weekly
Sample only
See Exhibit F for method
Total Toxic Organics (TTO)3,8
Composite
Influent
Monthly
Sample only
EPA Method 624
24-hr. Composite
Influent
Monthly
Sample only
EPA Method 625
24-hr. Composite
Influent
Monthly
Sample only
EPA Method 608
TSS9
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
Dioxin compounds
24-hr. Composite
Influent
Within 60 days of
Sample only
EPA Method 1613
initial discharge
Radioactivity'
24-hr. Composite
Influent
Annually
Sample only
See Exhibit F for method
Sulfides'
Composite Grab
Influent
Monthly
Sample only
See Exhibit F for method
Ammonia'
Composite Grab
Influent
Monthly
Sample only
SM 4500 NH3 B +4500 NH3
C
Or SM 4500 NH3 F
TDS9
24-hr. Composite
Influent
Monthly
Sample only
See Exhibit F for method
SAMPLING LOCATION: East Parcel influent samples shall be taken upstream of the LTP sump and upstream of all other
LTP influent sources (refer to Permit Contract Section 6.1 and Exhibit B).
REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before
the 28th of the month following the reporting period (refer to Section 6.4 of the Permit Contract).
NOTES (see footnotes for Compliance Sampling and Analysis table where applicable):
7. East Parcel monitoring shall only occur when the additional flow authorized in Section 6.1 is discharging.
8. These parameters shall be monitored for 3 consecutive months after initiation of the additional flow from the East Parcel.
Continued monitoring for these parameters is not required after this initial 3-month monitoring period unless the DISTRICT directs
DISCHARGER in writing to conduct additional monitoring.
9. These parameters shall be monitored at the specified frequency when the additional flow from the East Parcel is discharging. The
pH sampling and analyses can be replaced by installing and maintaining a continuous pH meter for the East Parcel flow during the
wet season months.
Updated 4/12/2024
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 38 of 62
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Page 38 of 49
EXHIBIT C
PERIODIC COMPLIANCE REPORT
Central Contra Costa Sanitary District - Environmental Compliance Section
CENTRALSAN.ORG 5019 Imhoff Place, Martinez CA 94553-4392 (925) 229-7288
Completion of this Periodic Compliance Report (PCR) is required by the Permit Contract between the Central
Contra Costa Sanitary District (District) and Acme Fill Corporation. Refer to the Section of the Permit Contract
referenced below for specific reporting requirements. When completing this PCR, please address every section
below, check the boxes that apply, and submit all information as required. Record only the information for the
reporting period as specified in the Permit Contract. Failure to accurately complete this report may result in
citation by the District.
INDUSTRIAL USER INFORMATION:
Facility Name:
Acme Fill Corporation Leachate Treatment Plant
Site Address:
950 Waterbird Way
Martinez, California 94553
Person completing report:
(Name, title, company, phone #)
Reporting Period:
A. COMPLIANCE SCHEDULE (SECTION 7.16)
Slug Discharge Prevention and Contingency (SDPC) Plan (Section 7.12):
❑ New / revised SDPC Plan is attached as required.
❑ New / revised SDPC Plan has been submitted to the District as required.
B. CERTIFICATIONS, REGISTRATIONS, STATEMENTS, & LICENSES
There has been a change in certified LTP operators. Attached is an updated list as required
(Section 6.15).
C. OPERATION & MAINTENANCE LOG REQUIREMENTS
The following Operation & Maintenance Logs are attached as required:
Copy of the Daily Flow Totalizer Log (Section 6.4.3).
❑ LTP Operations Monitoring Summary (Section 6.4.5).
D. OTHER REPORTING REQUIREMENTS
Manifests/receipts (Section 6.4.4):
❑ No process liquids, sludges, solids, or hazardous wastes were off -hauled or recycled during the
reporting period.
Copies of the manifests / receipts for the off -haul of process liquids, sludges, solids, or hazardous
wastes are attached as required.
Operation and Maintenance (O&M) Manual (Section 7.8):
Changes have been made to the existing O&M Manual; copies of changes are attached as
required.
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 40 of 62
Page 39 of 49
EXHIBIT C
E. COMPLIANCE SAMPLING AND MONITORING
Compliance Sampling Information:
The original analysis reports and chain of custody are attached. The report includes: laboratory
name, address and telephone number; reporting limits; units; QA/QC data; and the date and time of all
grab samples.
❑ Sampling was performed in compliance with the permit contract and the current edition of Standard
Methods for the Examination of Water and Wastewater.
F-1 Sampling was not performed in compliance with the permit contract and/or the current edition of
Standard Methods for the Examination of Water and Wastewater. An explanation is attached.
Monitoring Information:
Copies of electronic pH recordings are attached as required (Section 6.4.1).
Copies of electronic flow recordings are attached as required (Section 6.4.1).
❑ Calibration and maintenance activities are recorded on the flow/pH copies of electronic recordings
as required (Sections 7.1 and 7.3).
Compliance Status:
All analytical results are within applicable local / federal limits: ❑ Yes ❑ No
Effluent flow from the LTP was within specified discharge limits: ❑ Yes ❑ No
❑ Analytical and/or monitoring results indicate violation(s) of applicable federal or local limits. A
separate sheet is attached listing the violations, the reasons for the violations, and a description of
corrective actions taken.
Payment of Noncompliance Fee attached. Amount: $
CERTIFICATION
All required sampling reported herein was conducted in accordance with the EPA -approved methods
specified in the Permit Contract for this facility. Samples were analyzed by a laboratory certified by the
State of California for wastewater analysis by the methods reported unless specified otherwise in
Exhibit A of the Permit Contract. All analytical results obtained during the reporting period by EPA -
approved methods, including those not required in the Permit Contract, are included with this report.
Treatment parameters and process flows for the reporting period were typical for this facility. Any
changes (permanent or temporary) to the premises, processes, chemical usage, wastewater
treatment, and/or operations that have the potential for changing the quality, volume, or location of the
wastewater discharge or which may otherwise lead to deviation from the terms and conditions of the
Permit Contract have been reported to the District. Any deviations from the above are explained on an
attached sheet.
I certify under penalty of perjury that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who
manage the system, or those directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for knowingly submitting false information, including the possibility of fine
and/or imprisonment for knowing violations.
Signature
Title & Company
For Environmental Compliance use only
Date Received: Reviewed by: Date Reviewed:
Date
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 41 of 62
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Page 41 of 49
L*X:I I -I19 =
CENTRAL CONTRA COSTA SANITARY DISTRICT
WASTEWATER DISCHARGE PERMIT CONTRACT
WITH ACME FILL CORP.
ENFORCEMENT RESPONSE CRITERIA FOR
WHOLE EFFLUENT TOXICITY TESTING PROGRAM
The discharge limitation for the Whole Effluent Toxicity parameter established in
Exhibit A of the Permit Contract shall be subject to citation and enforcement. If
testing indicates possible salt interference, a salt control analysis shall be
conducted and the results along with the laboratory's QA/QC data shall be
submitted to the District to determine if the data is reliable. If the District
determines the data was not reliable due to salt interference, this Exhibit may be
modified to establish a threshold value to evaluate the reliability of future Whole
Effluent Toxicity test results.
When the Whole Effluent Toxicity test result is above the discharge limitation and
the data is determined to not be reliable, Discharger shall resample and analyze
for the specific toxicity test that exceeded the limit within three (3) days of the
receipt of the invalid results.
Effective date: July 1, 2018
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 43 of 62
Page 42 of 49
EXHIBIT F
Approved Wastewater Methods and Holding Times for CCCSD Required Parameters
Constituent
Approved Methods (40 CFR 136)
Holding Time
Preserved
Antimony (Sb)
US EPA Methods: 200.5, 200.7, 200.8, 200.9
6 months
Standard Methods: SM 3111 B, 3113B, 3120B, 3125B
US EPA Methods: 200.5, 206.5, 200.7, 200.8, 200.9
Arsenic (As)
Standard Methods: (SM) 3113B, 3114B or C,3120B, 3125B,
6 months
3500-As B
US EPA Methods: 200.5, 200.7, 200.8, 200.9
Cadmium (Cd)
Standard Methods: (SM) 3111 B or C, 3113B, 3120B, 3125B,
6 months
3500-Cd D
US EPA Methods: 200.5, 200.7, 200.8, 200.9
Chromium (Cr), Total
Standard Methods: (SM) 3111 B or C, 3113B, 3120B, 3125B,
6 months
3500-Cr B
US EPA Methods: 200.5, 200.7, 200.8, 200.9
Copper (Cu)
Standard Methods: (SM) 3111 B or C, 3113B, 3120B, 3125B,
6 months
3500-Cu B or C
US EPA Methods: 200.5, 200.7, 200.8, 200.9
Lead (Pb)
Standard Methods: (SM) 3111 B or C, 3113B, 3120B, 3125B,
6 months
3500-Pb B
US EPA Methods: 245.1, 245.2
28 days
Mercury (Hg)
US EPA Methods: 245.7, 1631 E
90 days
Standard Methods: (SM) 3112B
28 days
Nickel (Ni)
US EPA Methods: 200.5, 200.7, 200.8, 200.9
6 months
Standard Methods: (SM) 3111 B or C, 3113B, 3120B, 3125B
Selenium (Se)
US EPA Methods: 200.5, 200.7, 200.8, 200.9
6 months
Standard Methods: SM 3111 B, 3114B or C, 3120B, 3125B
Silver (Ag)
US EPA Methods: 200.5, 200.7, 200.8, 200.9
6 months
Standard Methods: SM 3111 B or C, 3113B, 3120B, 3125B
Zinc (Zn)
US EPA Methods: 200.7, 200.8, 200.9, 279.2
6 months
Standard Methods: SM 3111 B or C, 3120B, 3125B, 3500-Zn B
Phenol
US EPA Methods: 420.1, 420.4
28 days
Standard Methods: SM 5530B or D
Total Toxic Organics (TTO) 2
US EPA Methods: 624.1
14 days 3
US EPA Methods: 608.3, 625.1
7 days 4
Oil & Grease (mineral)
US EPA Methods: 1664
28 days
Standard Methods: SM 5520B or F
Oil & Grease (animal/vegetable)
US EPA Methods: 1664
28 days
Standard Methods: SM 5520B
Biochemical Oxygen Demand (CBOD) e
Standard Methods: (SM) 5210B
48 hours
Chemical Oxygen Demand (COD)
US EPA Methods: 410.3, 410.4
28 days
Standard Methods: SM 5220B, C or D
Total Suspended Solids (TSS)
Standard Methods: (SM) 2540 D
7 days
Total Dissolved Solids TDS
Standard Methods: SM 2540 C
7 days
Cyanide
US EPA Methods: 335.4, Kelada-01
14 days
Standard Methods: (SM) 4500-CN- B, C, D, E, or F
pH
US EPA Methods: 150.2 6
15 minutes
Standard Methods: (SM) 4500-H+B 7.8
Radioactivity
US EPA Methods: 900.0
6 months
Standard Methods: (SM) 7110B
Organophosphate Pesticides (Diazinon)
US EPA Methods: 507, 614, 622, 625.1
7 days
Sulfide
Standard Methods: (SM) 4500-S2- B, D, F or G
7 days
(TCDD)
US EPAMethods: 613, 1613B
1 year
etroleum H drocarbons TPH
L
US EPA Methods: 8015
14 da s
including MTBE)
US EPA Methods: 624.1
14 days
Revised 4/28/2020
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 44 of 62
Page 43 of 49
EXHIBIT F
Notes:
In addition to EPA and Standard Methods, approved methods such as ASTM and USGS/AOAC methods are
accepted. Refer to 40 CFR part 136.
2 TTO includes the EPA list of organic priority pollutants itemized under EPA methods 624.1, 625.1, and 608.3
on a separate table. Check permit to see which methods apply.
3 Samples for Acrolein, Acrylonitrile and 2-CEVE have a 3-day holding time if unpreserved
4 7 days until extraction; 40 days after extraction
6 Biochemical oxygen demand must be analyzed as CBOD5 or 5-day Carbonaceous Biochemical Oxygen
Demand
6 Continuous pH monitoring system
Glass electrode meter
8 According to the RWQCB letter dated February 24, 2017: "Pretreatment programs may use field pH
instruments for required industrial user compliance monitoring. An ELAP certified laboratory does not have to
analyze the industrial user pH samples."
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 45 of 62
Page 44 of 49
EXHIBIT G
CCCSD LIST OF TOTAL TOXIC ORGANIC (TTO) POLLUTANTS
SUBJECT TO TTO DISCHARGE LIMIT AUTHORIZED IN THE PERMIT CONTRACT FOR
THE ACME FILL CORPORATION LEACHATE TREATMENT PLANT
The District's Local Discharge Limits include a parameter called Total Toxic Organics (TTO) with a limit for ACME Fill
Corporation set at 2.10mg/L in the Permit Contract authorizing discharges from the Acme Landfill Leachate
Treatment Plant. The EPA has created a list of priority organic pollutants which cumulatively make up the District's
TTO parameter. The analysis methods set forth in 40 CFR Part 136, Methods 624, 625, and 608, provide data on the
TTO constituents. The constituents (except PCB Aroclors) with concentrations greater than 0.01 mg/L must be
added together to determine compliance with the District's Local Discharge Limit for TTO. PCBs measured under
EPA Method 608 are subject to a discharge prohibition. Following is a list of the constituents of TTO:
METHOD 624
METHOD 625
Hexachloroethane
Acrolein
Acenaphthene
Indeno(1,2,3-c,d)pyrene
Acrylonitrile [2-propenenitrile]
Acenaphthylene
[2,3-o-phenylene pyrene]
Benzene
Anthracene
Isophorone
Bromoform
1,2-Benzanthracene
Naphthalene
[tribromomethane]
[benzo(a)anthracene]
Nitrobenzene
Carbon tetrachloride
Benzidine
2-Nitrophenol
[tetrachloromethane]
3,4-Benzofluoranthene
4-Nitrophenol
Chlorobenzene
[benzo(b)fluoranthene]
N-Nitrosodimethylamine
Chlorodibromomethane
11,12-Benzofluoranthene
N-Nitroso-di-n-propylamine
Chloroethane
[benzo(k)fluoranthene]
N-Nitrosodiphenylamine
2-Chloroethyl vinyl ether
1,12-Benzoperylene
Pentachlorophenol
(mixed)
[benzo(g,h,i)perylene]
Phenanthrene
Chloroform
3,4-Benzopyrene
Pyrene
[trichloromethane]
[benzo(a)pyrene]
1,2,4-Trichlorobenzene
1,2-Dichlorobenzene
bis(2-Chloroethoxy) methane
2,4,6-Trichlorophenol
1,3-Dichlorobenzene
bis(2-Chloroethyl) ether
1,4-Dichlorobenzene
bis(2-Chloroisopropyl) ether
METHOD 608
Dichlorobromomethane
bis(2- Ethyl hexyl) phthalate
Aldrin
1,1-Dichloroethane
4-Bromophenyl phenyl ether
Alpha-BHC
1,2-Dichloroethane
Butyl benzyl phthalate
Alpha-endosulfan
1,1-Dichloroethylene
4-Chloro-3-methylphenol
Beta-BHC
1,2-Dichloropropane
[para-chloro-meta-cresol]
Beta-endosulfan
1,3-Dichloropropylene
2-Chloronaphthalene
Chlordane (technical mixture
[1,3-dichloropropene]
2-Chlorophenol
and metabolites)
1,2-trans-Dichloroethylene
4-Chlorophenyl phenyl ether
4,4'-DDD [p,p'-TDE]
[1,2-trans-dichloroethene]
Chrysene
4,4'-DDT [p,p'-DDT]
Ethylbenzene
1,2,5,6-Dibenzanthracene
Delta-BHC
Methyl bromide
[dibenzo(a,h)anthracene]
Endosulfan sulfate
[bromomethane]
3,3'-Dichlorobenzidine
Endrin
Methyl chloride
2,4-Dichlorophenol
Endrin aldehyde
[chloromethane]
Diethyl phthalate
Gamma-BHC [lindane]
Methylene chloride
2,4-Dimethyl phenol
Heptachlor
[dichloromethane]
Dimethyl phthalate
Heptachlor epoxide
Styrene
Di-n-butyl phthalate
Toxaphene
1,1,2,2-Tetrachloroethane
4,6-Dinitro-ortho-cresol [4,6-
PCBs
Tetrachloroethylene
dinitro-2-methylphenol]
Aroclor 1016
[perchloroethylene,
2,4-Dinitrophenol
Aroclor 1221
tetrachloroethene]
2,4-Dinitrotoluene
Aroclor 1232
Toluene
2,6-Dinitrotoluene
Aroclor 1242
1,1,1-Trichloroethane
Di-n-octyl phthalate
Aroclor 1248
1,1,2-Trichloroethane
1,2-Diphenylhydrazine
Aroclor 1254
Trichloroethylene
Fluoranthene
Aroclor 1260
[Trichloroethene]
Fluorene
Vinyl chloride [Chloroethylene]
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 46 of 62
Page 45 of 49
EXHIBIT H
CENTRAL CONTRA COSTA SANITARY DISTRICT
Determination of Significant Noncompliance (SNC) and
Annual Publication of Businesses in SNC
Pursuant to the federal regulations contained in 40 CFR 403.8(f)(2)(vii), the District is required to
annually publish the names of any and all industrial users of the District's public sewer system that
are considered to be in significant noncompliance (SNC) with applicable pretreatment standards or
other pretreatment requirements. An industrial user is in SNC if its violation meets one or more of
the following criteria:
(A) Chronic Violations. Violations in which 66 percent or more of all the measurements
taken for the same pollutant parameter during a 6 month period exceed (by any
magnitude) a numeric Pretreatment Standard or Requirement, including
instantaneous limits, as defined by 40 CFR 403.3(I);
(B) Technical Review Criteria Violations. Violations in which 33 percent or more of all of
the measurements taken for the same pollutant parameter during a 6-month period
equal or exceed the product of the numeric Pretreatment Standard or Requirement
including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the
applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other
pollutants except pH)
(C) Other Effluent Limit Violations. Any other violation of a Pretreatment Standard or
Requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average,
instantaneous limit, or narrative standard) that the District determines has caused,
alone or in combination with other discharges, interference (e.g., slug loads) or pass -
through (including adverse effect on any toxicity testing); or endangered the health of
the sewage treatment personnel or the public;
(D) Danger to Human Health or Welfare. This criterion includes any discharge of a
pollutant that has caused imminent endangerment to human health, welfare or to the
environment and has resulted in the POTW's exercise of its emergency authority to
halt or prevent such a discharge;
(E) Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a District permit or administrative order for starting
construction, completing construction, or attaining final compliance;
(F) Failure to provide, within 45 days after the due date, required reports such as baseline
monitoring reports, 90-day compliance reports, periodic self -monitoring reports, and
reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance. Failure of a user to accurately and
promptly report any noncompliance. Any attempt to circumvent the reporting
requirements or otherwise withhold noncompliance data from the District shall be
subject to SNC status;
(H) Any other violation or group of violations, which may include a violation of Best
Management Practices, that the District determines may adversely affect its
operations or the accomplishment of the objectives of this Ordinance.
Industrial Users (non-residential users) found to be in SNC are required to be published at least
annually in the newspaper with the largest circulation for the service area of the agency. For the
District, the newspaper where the SNC list is published is the Contra Costa Times.
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 47 of 62
Page 46 of 49
EXHIBIT I
Central Contra Costa Sanitary District
Enforcement
Summary of Title 10: Chapter 10.16 of District Code
This fact sheet summarizes the Central Contra Costa Sanitary District's (the District) Enforcement
Section that establishes enforcement mechanisms. For more detailed information on this section
refer to sections 10.16.010 through 10.16.110 of the District Code. Title 10 can be found on our
website at: http://www.centralsan.org/documents/Title_10.pdf
The enforcement mechanisms available to the District for violations of the provisions of the
Ordinance, applicable District resolutions, and permit or permit contract provisions include the
following:
• Authority to Enforce (10.16.010).
• Federal and state statutes and regulations provide authority for the District's
enforcement mechanisms against any person (user) utilizing the sanitary sewer.
Informal Administrative Actions (10.16.020). Informal administrative actions include:
• Phone calls
• Meetings
• Warning letters
• Warning Notice
• Notice of Violation
Administrative Orders/Compliance Schedules (10.16.030). Administrative orders for non
compliance include:
• Cease to discharge (suspension of service)
• Comply with requirements immediately
• Make changes to their operational activities at the facility to insure compliance
• If corrective actions must be completed, comply with a time schedule.
Sampling and Evaluation (S & E) Programs (10.16.040). The S & E Program may be
established if compliance or District sampling indicates a user is in significant non-
compliance (SNC). If the S & E Program reveals non-compliance, the District may:
• Charge the user for costs incurred for sampling and analysis.
• Require additional sampling and evaluation.
• Amend an existing permit to grant extensions.
• Issue an Administrative Order.
• Charges for Damage to District Facilities, (10.16.050).
• If a user causes damage, impairment, or an obstruction to the District facilities, the
District may impose a charge on the user for the costs to clean, repair and/or resume
normal operations. A service fee (25%) may be added to the District's costs.
Suspension or Termination of Service (10.16.060). The District may suspend or
terminate the sewer service to prevent:
• Endangerment to the health of individuals or the environment
• Interference with District operations
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 48 of 62
Page 47 of 49
EXHIBIT I
• Violation of the District's NPDES Permit
Administrative Civil Penalties (10.16.065). The District may conduct administrative
hearings, and/or impose civil penalties for violation of the Ordinance. Maximum
administrative and civil penalties are:
• $2,000 per day for late reports
• $3,000 per day for missing compliance schedule deadlines,
• $5,000 per violation per day for violations of permit conditions or other requirements
imposed by the District
• $10 per gallon of discharge which violates any suspension, cease and desist, or
other order or prohibition imposed by the District
Civil Action (10.16.070).
• The District counsel may bring civil actions to enforce provisions of this Ordinance
and/or recover charges, fees, penalties, and/or damages. District counsel may
request a permanent or temporary injunction.
The District may require compliance with permit conditions, by issuing cease and
desist orders and compliance schedules.
A civil penalty of up to $25,000 per day for each violation, for violations of this
Ordinance, permit condition, or any ceases and desist order.
Criminal Action (10.16.080).
• Criminal Penalties may be imposed on any person who violates a permit, contract,
administrative order, or prohibition. Upon conviction, it is a misdemeanor and
punishable by a fine not to exceed $1,000 or imprisonment in the county jail not to
exceed thirty days, or both
Any person who knowingly makes false statements in any required document or who
falsifies, tampers with, or knowingly renders inaccurate any required monitoring
device or method should be punished by a fine or imprisonment or both if convicted.
Each separate act of falsification shall constitute a new and separate offense.
Notification Procedures (10.16.090).
• If the District finds that a user violated or is violating the provisions of this Ordinance,
the District may serve a written notice explaining the nature of the violation and the
enforcement action being taken that prompts the user to respond within 30 days.
• When a user discovers that it has violated or is violating a provision of the Ordinance,
permits, or permit contract, the user shall immediately notify the District. Within five
days, the user shall submit a written report to the District detailing the violation and
measures taken to prevent similar recurrences.
• Costs (10.16.100)
• The user shall pay for all costs associated with the proceeding of enforcement
actions taken by the District (e.g. attorney's fees).
• Response to Significant Non -Compliance (SNC) (10.16.110)
• Federal law requires the District to annually publish the names of all industrial users
found to be in SNC in the newspaper. For the District, the newspaper where the SNC
list is published is the Contra Costa Times.
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 49 of 62
Page 48 of 49
EXHIBIT J
CCCSD GUIDELINES FOR PREPARING A
SLUG DISCHARGE PREVENTION AND CONTINGENCY (SDPC) PLAN
(rev date 5/16/12)
The District requires all of its permitted industrial users to develop SDPC Plans in order to
prevent slug discharges from reaching the sanitary sewer or to minimize the impact of slug
discharges on District personnel, facilities, and/or operations. A facility's existing Spill
Response Plan or Emergency Response Plan developed for another regulatory agency
may be used to satisfy the District's requirement for a SDPC Plan provided all of the
components identified below are included.
SDPC PLAN COMPONENTS
FACILITY INFORMATION
A. General description of facility operations including hazardous materials used,
hazardous wastes generated, and process wastewater generated/ discharged.
B. Description of stored chemicals.
C. Inlets to sanitary sewer identified.
II. SPILL PREVENTION PROCEDURES
A. Administrative controls to prevent spills from occurring (e.g. perform fluid
transfers away from sanitary sewer inlets).
B. Engineering controls to prevent spills from occurring (e.g. secondary
containment for storage, hard plumbing to transfer fluids).
III. SPILL RESPONSE EQUIPMENT
A. List spill response equipment.
B. Identify location of equipment within facility.
IV. SPILL RESPONSE PROCEDURES
A. Identification of a spill or potential spill
B. Spill response activation
C. Roles and responsibilities
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 50 of 62
Page 49 of 49
EXHIBIT J
D. Residuals handling
V. NOTIFICATION PROCEDURES
A. Agency notification procedures, including what information is included in a
notification and when notification is to occur.
o For notification to Central Contra Costa Sanitary District, the Industrial
User shall call both of the following phone numbers:
925-229-7214 (Treatment Plant) and
925-229-7288 (Source Control- leave message if no answer)
B. Designation of responsibility to perform notification
VI. EMPLOYEE TRAINING
A. Identify employees to be trained, scope of training to be provided, and
frequency at which training is given.
B. Include training materials specific to the SDPC Plan.
VII. CERTIFICATION
A. Certification statement regarding completeness and implementation of the
SDPC Plan.
B. Certification signature by authorized facility representative (i.e., a company
officer who can commit the company to any actions that may be required for
full and on -going implementation of the SDPC Plan).
May 21, 2024 REEP Committee Meeting Agenda Packet - Page 51 of 62