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HomeMy WebLinkAbout2007-07 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, July 18, 2007, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, July 18, 2007 at 5:30 p.m., in the District's Administrative Office. (1) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT Directors Present: Phil Luebben Jim Ferryman, Chair Doug Davert, Vice Chair STAFF PRESENT: Mark Waldman,Administration Committee Jim Ruth, General Manager Chair Bob Ghirelli, Assistant General Manager Larry Crandall, Operations Committee Chair Nick Arhontes, Director of Operations and Cathy Green Maintenance Steve Anderson Jim Herberg, Director of Engineering Lorenzo Tyner, Director of Finance and OTHERS PRESENT: Administrative Services Bradley R. Hogin, General Counsel Michael Gold, Legislative Affairs Liaison Jackie Nutting Penny Kyle, Clerk of the Board Juanita Skillman ELEp�EIq�pE�p7}{E gppp� (2) APPOINTMENT OF CHAIR PRO TEM OR FFICE OF GE CAUMYSANITAHU DISTRICT No appointment was necessary. AUG 2�[2/2007 (3) PUBLIC COMMENTS BY: •�\• There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Jim Ferryman reported that Bushard Street is now open to traffic throughout Fountain Valley and Huntington Beach. He also announced that Brent Ives, BHI Management Consulting, will be facilitating the Board workshops scheduled for August 1"and 8"; September 19'"; and October 4'". (5) REPORT OF GENERAL MANAGER Mr. Ruth provided highlights of his activities for fiscal year 06/07, and proposed work plan for fiscal year 07/08. Minutes of the Steering Committee July 18,2007 Page 2 (6) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin did not give a report. (7) ACTION ITEMS a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the June 27,2007 Steering Committee meeting. b. Nick Arhontes, Director of Operations & Maintenance, provided a brief report on the waste discharge requirement compliance efforts and reported that the sanitation district is subsidizing the small diameter local sewers in parts of the City of Tustin and unincorporated areas north of the city. The Steering Committee concurred that this issue should move to the Operations Committee for further review, recommendation and subsequent approval by the Board of Directors. MOVED, SECONDED AND DULY CARRIED TO RECOMMEND TO THE OPERATIONS COMMITTEE TO: (1)Recommend to the Board of Directors to receive and file Staff Report re FY O6/07 Strategic Initiatives-Local Sewer Services, dated January 2007 and revised April 2007; and, (2) Refer said report to the Operations Committee for consideration of staff recommendations. (8) INFORMATIONAL ITEMS a. Legislative Affairs Report: Michael Gold provided a mid-year progress report on adopted goals for the state and federal legislative programs that were incorporated into the 2007 Legislative Platform, as well as an update on the District's design-build legislation, SB 645. b. The agenda items scheduled to be presented to the Board at the July 18, 2007 meeting were reviewed. (9) CLOSED SESSION The Steering Committee convened at 5:54 p.m. in Closed Session, pursuant to Government Code Section 54957(b)(1))to discuss one matter. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2,and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. At 6:10 p.m.,the Committee reconvened in regular session. Minutes of the Steering Committee July 18, 2007 Page 3 (10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETING The next Steering Committee meeting is scheduled for Wednesday, August 22, 2007 at 5:30 p.m. (13) ADJOURNMENT The Chair declared the meeting adjourned at 6:10 p.m. Submitted by: z /�I. Penny M.;(yle Clerk of the Board M:WepIWOm a1 (eWO C mmeOVWnolonwiew EraP Sfeemg M ,Ies.Goc STATE OF CALIFORNIA } }SS. COUNTY OF ORANGE } Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Steering Committee meeting held on 44 Z4 , 2007,rwas duly posted for public inspection in the main lobby of the District's offices on . 2007. 'J7�`ll IN WITNESS WHEREOF, I have hereunto set my hand this--Zl th day of X/ 2007. Penny Kyle, CleWk of the Board Orange County Sanitation District ORANGE COUNTY SANITATION DISTRICT 17 1•il 582-2ar'r " 1 41 NOTICE OF MEETING far: o�a�eee+asn STEERING COMMITTEE alww....d.aam PI)m. adtlrvn: PO Bm B1 J PounrB2 26 H 1n 82J2N 12J await add..: iodaadmwmam'a PowM1aln Vary.GA ORANGE COUNTY SANITATION DISTRICT B'e'TdS 701d Member WEDNESDAY, JULY 18, 2007 - 5:00 P.M. Agencies CILI.. DISTRICT'S ADMINISTRATIVE OFFICES Annllnllll 10844 ELLIS AVENUE Bran FOUNTAIN VALLEY, CALIFORNIA 92708 anana Part W W VV.00SD.COM L9lreas h u'dCN111 Valley FUlerr..n Ga'ae leanr Wah'am.Be AI lZis A regular meeting of the Administration Committee of the Orange la Hnnra la Pam,. County Sanitation District will be held at the above location, date Ins Admmee Hlunal and time. Newpen (k,ingn I9nrsnda Smv.Ad. Shc eaa.h Rent... Tustin Villa haul Hurl. I Hula :.anEV of Orange Sat., OLEricae C..tn M.aa ' W", qty water �I.ErIEEO "I'll, Parch To maintain world-class leadership in wastewater and water resource meneBement. 51X M1 43 •9� b � C XX NE tNX STEERING COMMITTEE AND BOARD MEETING DATES 'July 18, 2007 August 22, 2007 September 26, 2007 October 24, 2007 November 28, 2007 'December 19, 2007 January 23, 2008 February 27, 2008 March 26, 2008 April 23, 2008 May 28, 2008 June 25, 2008 -Meetings being held the third Wednesday of the month. STEERING COMMITTEE (1) Roll Call: Meeting Date: July 18, 2007 Meeting Time: 5:30 p.m. Committee Members Jim Ferryman, Board Chair................................................. ........... Doug Davert, Vice Chair..................................................... ........... _ Mark Waldman,Administration Committee Chair................ ........... Larry Crandall, Operations Committee Chair....................... ........... PhilLuebben....................................................................... ..........._ CathyGreen. ................................................................................._ Steve Anderson.................................................................. ........... Others Brad Hogin, General Counsel............................................. ........... _ Staff Present Jim Ruth, General Manager...................................................._ Bob Ghirelli, Assistant General Manager.................................. ._ Nick Arhontes, Director of Operations & Maintenance................. . Jim Herberg, Director of Engineering........................................ Ed Torres, Director of Technical Services.................................. Lorenzo Tyner, Director of Finance&Administrative Services........_ Michael Gold, Legislative Affairs Liaison.................................... Penny Kyle, Committee Secretary........................................... Other Staff Present AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JULY 18, 2007 AT 5:30 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 1. DECLARATION OF QUORUM 2. APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY 3. PUBLIC COMMENTS 4. REPORT OF COMMITTEE CHAIR 5. REPORT OF GENERAL MANAGER A. FY 200612007 Review and Proposed Work Plan for 2007-2008 6. REPORT OF GENERAL COUNSEL 7. ACTION ITEMS A. Approve draft minutes of the June 27, 2007 Steering Committee meeting. B. (1) Recommend to the Board of Directors to receive and file Staff Report re FY 06/07 Strategic Initiatives- Local Sewer Services, dated January 2007 and revised April 2007; and, (2) Refer said report to the aoorooriate committee for consideration of staff recommendations. (Book Page 8) 8. INFORMATION ITEMS A. Legislative Affairs Report— Gold (Book Page 11) B. Review and consideration of Aaenda Items for Board of Directors Meeting of July 18, 2007(Book Page 17) Book Page I -2- July 18, 2007 9. CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee,the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation,or personnel matters, pursuant to Government Code Sections 54956.8.54956.9,54957 or 54957.6,as noted. Reports relating to(al purchase and sale of real property;(b)matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Directors dunng a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects,the minutes will reflect all required disclosures of information. A. Convene in closed session, 'If necessary 1. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)(1)) Title: General Manager B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. 10. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY 11. MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT 12. FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5:30 p.m., Wednesday, August 22,2007. The next Board Meeting is scheduled for 6:30 p.m., Wednesday, August 22, 2007. 13. ADJOURNMENT Book Page 2 -3- July 18, 2007 Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Clerk of the Board. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or because there is a need to take immediate action,which need came to the attention of the Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Steering Committee on specific agenda items or matters of general interest. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Committee except as authorized by Section 54954.2(b). Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion or further explanation, and unless a particular item is requested to be removed from the consent calendar by a Director of staff member, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. The Committee Chair will determine if any items are to be deleted from the consent calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adioumment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955(posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Notice to Committee Memhers. For any questions on the agenda or to place any items on the agenda, Committee members should contact the Committee Chair or Secretary ten days in advance of the Committee meeting. Committee Chair: Jim Ferryman (714)263-5910 ext. 123 General Manager: James D.Ruth (714)593-7110 General Counsel: Brad Hogin (714)564-2606 Committee Secretary: Penny Kyle (714)593-7130 E-mail: okyle@cosd.com Book Page 3 MINUTES OF STEERING COMMITTEE MEETINQ Orange County Sanitation District Wednesday, June 27, 2007, at 5:30 p.m. A meeting of the Steering Commtittee of the Orange County Sanitation District was held on Wednesday,June 27,2007 at 5:30 p.m.,in the Districts Administrative Office. (1) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT Directors Present: Steve Anderson Jim Ferryman, Chair Phil Luebben Doug Davert,Vice Chair Mark Waldman,Administration Committee STAFF PRESENT: Chair Jim Ruth, General Manager Larry Crandall, Operations Committee Chair Bob Ghirelli,Assistant General Manager Cathy Green Nick Arhontes, Director of Operations and Maintenance OTHERS PRESENT: Lorenzo Tyner, Director of Finance and Bradley R. Hogin,General Counsel Administrative Services Jackie Nutting,Associated Builders Contracts Michael Gold, Legislative Affairs Liaison Sergio Olvere,Associated Builders Contracts John Linder, Engineering Manager Kevin Dayton,Associated Builders Contracts Penny Kyle, Clerk of the Board Gail Garrett, Committee Secretary PRESENT VIA TELECONFERENCE: Eric Sapirstein, ENS Resources John Freshman,Troutman Sanders Public Affairs Group (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were none. (4) REPORT OF THE COMMITTEE CHAIR Federal advocates, Eric Sapirstein and John Freshman, briefed the committee via teleconference on key federal issues, including the secondary treatment funding request and the SARI line. Prospects appear slim for the secondary treatment funding request, but staff and lobbyists will continue their efforts. Book Page 4 Minutes of the Steering Committee Page 2 June 27, 2007 On the SARI line,a joint letter of support from OCWD,SAWPA, OCSD and the County was sent to Senator Boxer requesting her support of our request to modify language within the Water Resources Development Act increasing the total projects authorization. OCSO received the Protos award for an article on the Groundwater Replenishment System published in the January 2007 issue of Pollution Engineering as well as an Award of Excellence for our GWRS multicultural outreach program. Mr. Ferryman has appointed himself as the OCSD representative on the board of National Water Research Institute. The CASA 2007 Annual Conference is scheduled for August 15-18 in San Diego, CA. Steering Committee members were asked to notify Gail Garrett if they plan to attend the conference. Chair thanked Steering Committee members and staff for making the trip to Sacramento a success. He also thanked Townsend Public Affairs, our state legislative advocates,for coordinating, organizing and participating in individual meetings as well as the"meet and greet". Representatives from Platinum Advisors also participated. Mr. Ferryman, Director Davert, and staff met with Jolyn Murphy, Congressman Ken Calvert's district director,to discuss OCSD's request for$6 million for secondary treatment upgrades. Mr. Calvert fully supports our request. Mr. Ferryman announced the upcoming committee meetings for July. Because of the League of Cities conference in July,the next board meeting will be held a week earlier on Wednesday, July 18, 2007 at 6:30 p.m. The Steering Committee will meet that same day at 5:30 p.m. (5) REPORT OF GENERAL MANAGER Jim Ruth briefly reported on the month's activities and achievements: staff recommends approval of the SARI Line financing plan amendment; an EMT Retreat to identify a new strategic plan is scheduled for July 16 followed by a series of board workshops in August and September. Susan Walker has been appointed as Safety and Health Manager. The IT System and Operations Manager position is expected to be filled by July 15. (6) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin provided updates on three matters. He advised that OCSD has prevailed in opposing the petition re Polk v. OCSD; mediation in Andino, at al. v. OCSD has been continued; Tulare County has asserted jurisdiction over the OCSD v. Kern County dispute and a schedule for resolution of the matter has been established. (7) ACTION ITEMS a. MOVED, SECONDED AND DULY CARRIED: Approve draft minutes of the May 23, 2007 Steering Committee meeting and the May 30, 2007 Steering Committee special meeting. Book Page 5 Minutes of the Steering Committee Page 3 June 27. 2007 b. MOVED, SECONDED AND DULY CARRIED: Recommend that the Board of Directors: (1) Revise the previously approved Santa Ana River Interceptor(SARI) Line Loan and Repayment Agreement No. D07-042 with the Orange County Flood Control District(OCFCD)to provide a no-interest loan until July 2018 (revised from 2016), of 60%of the successful bid amount for improvements to the SARI Line, for an amount not to exceed $60,000,000 in a form approved by General Counsel; and (2)Authorize the release of$35,000,000 to OCFCD immediately after the award of the contract,and to allow the remaining balance to be released 12 months later. C. Michael Gold briefed the Steering Committee on the RFP schedule and plan for state and federal legislative advocacy services and outlined general objectives. He requested input from the Board members and names of potential firms in Sacramento or Washington, D.C. d. MOVED, SECONDED AND DULY CARRIED: Approve the Board of Directors Workshop Schedule for establishing the Level of Service for the next Capital Facilities Master Plan through Year 2030(Schedule A or Penny Kyle informed that Board members were polled and 13 out of 17 responses favored Schedule A. (8) INFORMATIONAL ITEMS a. Legislative Affairs Report: Michael Gold provided a brief update on the Senate and Assembly bills staff has been tracking. He noted that SB 645 Design-build will be heard on July 3 in Assembly Local Government. b. The Agenda Items scheduled to be reviewed by the Board's working committees in July were reviewed. C. The agenda items scheduled to be presented to the Board at the June 27, 2007 meeting were reviewed. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. Book Page 6 Minutes of the Steering Committee Page 4 June 27, 2007 (13) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday,July 18 27, 2007 at 5:30 p.m. The next Board Meeting is scheduled for Wednesday,July 18. 2007 at 6:30 p.m. (14) CLOSED SESSION The Committee convened at 6:10 p.m. in Closed Session, pursuant to Sections 54956.8. 54956.9, 54957,or 54957.6 to discuss one matter. Minutes of the Closed Session are on file with the Clerk of the Board. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:30 p.m.,the Committee reconvened in regular session. (15) ADJOURNMENT The Chair declared the meeting adjourned at 6:30 p.m. Submitted by Gail Garrett Steering Committee Secretary HmwxwKmmn...nen.q c�e..uxw+ussorerorsc umxsa2.ar.ax Book Page 7 STEERING COMMITTEE Meeting Dee To ad.of D)r' 07/18/07 AGENDA REPORT Item Number Item Number 7(b) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes P.E., Director of O&M SUBJECT: FY 06/07 Strategic Initiatives - Local Sewer Services Staff Report GENERAL MANAGER'S RECOMMENDATION (1) Recommend to the Board of Directors to receive and file Staff Report re FY 06/07 Strategic Initiatives- Local Sewer Services, dated January 2007 and revised April 2007; and, (2) Refer said report to the appropriate committee for consideration of staff recommendations. SUMMARY The local sewer services report found that the small diameter local sewer systems in Area 7 are currently under funded. The regional sewer user fees, which are paid by all OCSD ratepayers, are clearly subsidizing the costs to operate and maintain the local sewers in the unincorporated areas of Area 7 and about half of the city of Tustin. Additionally, a significant amount of staff time and resources are being diverted to the local sewer system from OCSD's core business of regional sewer system management and care. OCSD is in jeopardy of being out of compliance with the statewide Waste Discharge Requirements Order (WDR) mandate that requires that adequate rate structures are maintained for operations, maintenance, and repairs for the local sewers. Staff makes the following recommendations for consideration of future action by the Board: 1) Establish an adequate and equitable local sewer user fee structure 2) Collect the new local sewer user fee in an effective manner as is the regional sewer user fee 3) Establish accurate and separate accounting procedures for local sewer services per the state's Waste Discharge Requirements Order 4) Initiate a public relations effort in the unincorporated areas and part of the city of Tustin 5) Identify and pursue other local agencies that may be interested in a transfer of ownership 6) Stop using OCSD regional sewer revenue to pay for local sewer services once the new fee structure is in place for staffing and other resource needs. Fom No.p 1W-1 Page 1 Book Page 8 PRIOR COMMITTEEIBOARD ACTIONS October 25, 2006—Compliance with new Statewide WDR Order for Sanitary Sewers. July 12, 2007 — Sewer System Management Plan (SSMP) Development Plan and Schedule document ADDITIONAL INFORMATION OCSD owns and operates the local sewer systems serving parts of the City of Tustin and unincorporated areas north of the city. Currently, the only direct source of funding for operating and maintaining the local sewers, besides the subsidies from the regional user fee, is an apportionment of property taxes established when the 7" and 70'" Sewer Maintenance Districts were formed. This apportionment was based upon a pre- Proposition 13, three year average of fees charged. The average apportionment that OCSD receives is less than $1.16 per month per parcel to provide local sewer service and current fees can vary on a parcel by parcel basis in the same neighborhood for the same sewer service. Other Orange County providers of local sewer services charge customers between $3.50 to $16.15 per month to provide site-specific local sewer services. Section D.9 of the Statewide General WDR Order for Wastewater Collection Agencies requires local sewer providers to allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. The current user fee system in the Tustin and north of Tustin unincorporated areas does not meet this test. A condition assessment study of the local sewers that OCSD owns in Area 7 was conducted by GHD Management, Engineering and Environmental Consultants. Many factors were considered including age, material, size, and current structural condition. Pumping facilities no longer exist in the current system. The study showed that over the next 50 years, an estimated $14.8 million, based on today's costs, will be needed to repair and replace the local sewers in this area. Since the existing revenue stream is inadequate to support the current day to day operation and maintenance of the local sewers, we have assumed that the reserves are inadequate or nonexistent for the local sewers. The WDR order states in section (iv) Operations and Maintenance Program of the Sewer System Management Plan (SSMP): "Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short and long-term plans plus a schedule for developing the funds needed for the capital improvement plan". Currently, there is not an adequate site-specific revenue stream to operate and maintain the local sewers owned by OCSD, or to address the future repair and replacement of these lines. Additionally, because the local sewers are small-diameter lines, they present a higher risk of blockages and spills than the larger regional sewers. These satellite systems were also not designed, constructed, or inspected to OCSD's standards and this has resulted in higher maintenance costs. Sewer spills are closely F.No.v 10.1 Page 2 Book Page 9 monitored by the State Water Resources Control Board and strict fines can be imposed for spills as well as program noncompliance. Initial outreach efforts to local cities in the immediate area yielded no current interest by them in acquiring these assets with their liabilities. ATTACHMENTS FY 06/07 Strategic Initiatives— Local Sewer Services Staff Report dated January 2007 and revised April 2007 Form No,M-IM-t Page 3 Book Page 10 STEERING COMMITTEE Meeim oae To ad.or Dir. 06/27/07 AGENDA REPORT Item Number Item Number 8(a) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Michael Gold, Legislative Affairs SUBJECT: Legislative, Policy and Political Update GENERAL MANAGER'S RECOMMENDATION Information Only SUMMARY This report is the monthly update from Washington, D.C. and Sacramento highlighting lobbyists' activities, OCSD legislative priorities and other information of interest to the Steering Committee. PRIOR COMMITTEEIBOARD ACTIONS None ADDITIONAL INFORMATION Design-build legislation update SB 645 (Correa, Keane and Tran) has been amended to remove OCSD from the bill and only contains design-build authorization for Nevada County. For the moment, OCSD does not have a vehicle authorizing design-build. The amendments are the result of some discussions happening in the Capitol and have nothing to do with opposition from groups such as ABC. The bill passed out of Assembly Local Government committee and its next step is the Assembly Appropriations Committee. Staff will provide additional updates at the meeting. Mid-year progress report on 2007 goals At the end of last year, the Steering Committee adopted goals for the state and federal legislative programs, which were incorporated into the 2007 Legislative Platform. Below are the adopted goals and the progress to date on each one of them: State Goals • Sponsor legislation enabling OCSD to utilize design-build specifications for projects over $10 million; • OCSD sponsored SB 645(Correa and Tran) granting design-build authority on projects aver$10 million. The bill is currently in the Assembly and has passed through the Senate. Farm No.owtoa+ aoenea rt pw-Sc aem,eeoimum Page 1 Book Page I I • Work with Legislature to ensure maximum opportunities are available for funding through the November 2006 Bond Measures (Propositions 1 E and 84, as appropriate). These efforts will be coordinated with the California Association of Sanitary Agencies (CASA); • Bill language allowing wastewater treatment agencies to access Integrated Regional Water Management Plan funds is being circulated as part of the budget and bond implementation. OCSD staff and lobbyists worked to have this language added to the bills. • Develop an outreach and awareness campaign to ensure a greater understanding of wastewater, infrastructure and property tax protection issues at the State, regional and local levels; • Throughout the year, board members and staff met with legislators and their staff to discuss these issues and educate them about OCSD and our operations. • Monitor the implementation of the Global Warming Initiative (AB 32) passed in 2006 and its impacts to OCSD; • Staff continues to track SB 32 implementation and its possible impact to OCSD operations. • Follow efforts related to preemption of the safe land application of biosolids at State and Federal levels; • OCSD staff and lobbyists were heavily engaged in the debate over SB 55(Florez), which would have severely limited our ability to land apply biosolids in Kern County. The District was aggressive in our opposition and made a difference in killing SS 55 for the year. Also, the District assisted in another bill that would have helped our efforts to continue land application of biosolids, however, that bill will not be taken up until next year. • Explore programs to encourage the use of waterless urinals; and • OCSD lent its support to two bills that set as a goal reduced water consumption and the use of waterless urinals. • Plan one trip with Board members to Sacramento to educate legislators about OCSD and its programs. • This year, the entire Steering Committee traveled to Sacramento in May to meet with the Orange County legislative delegation and discuss important issues. Federal Goals • Build "coastal coalition" to discuss and authorize funding for secondary treatment and pursue linkages to a possible 2008 State Water Bond; • Efforts to build a coastal coalition for secondary treatment have not yet materialized because of differing interests and goals;however, the lobbying team is still exploring options. • Continue to pursue appropriations for secondary treatment in conjunction with coalition strategy; • Stuff submitted a request for S6 million to help fund secondary treatment and worked hard to secure delegation support; the chances of securing these funds are low because of very tight budgets. Farm No m it , gymeanepoa-sc Page 2 Book Page 12 • In partnership with other SARI partners, pursue appropriations (as needed) for realignment of the Santa Ana River Interceptor Line(SARI); • This year, staff pursued both an authorization and a budget allocation to realign the SARI. It appears likely that the Energy and Water Bill moving through the Senate will contain an additional$100 million for the entire Santa Ana Mainstem Project, which would guarantee repayment of OCSD's loan to the County of Orange. • Coordinate President's Day Weekend tour of OCSD's facilities for Congressional staff; • OCSD staff invited legislative staff to tour OCSD's facilities but no one accepted the offer. At each meeting, we continue to extend the invitation to tour the plant and discuss what we do. • Follow efforts related to preemption of the safe land application of biosolids at State and Federal levels; • The District supported CASA's efforts to bolster the EPA's regional oversight of biosolid activities by increasing resources in our area. • Pursue Homeland Security funding for security-related upgrades to OCSD (in partnership with Orange County Water District); and • Staff and the lobbying team continue to seek homeland security grant funding for security upgrades. Direct funding for wastewater treatment agencies does not exist. • Plan trips with Board members to Washington, D.C. to lobby and educate legislators about OCSD and its programs. • Staff and members of the Steering Committee took two trips to Washington, D.C. (in November and March). Another trip is planned in the fall. Federal Legislative Report Eric Sapirstein, ENS Resources John Freshman, Troutman Sanders Public Affairs Group During the month of June, consultants continued working on two identified priorities: 1) FY08 appropriations for Secondary Treatment construction upgrade and 2) SARI Line cost allocation. Slim chances for secondary treatment funding In discussions with the District staff and Steering Committee, consultants advised that the House and Senate Committees on Appropriations were in the process of finalizing decisions on project earmarks within the EPA budget. At the time of the update, only the House committee had acted and released its report detailing funding decisions. The House earmarks were limited to about one per Member and only provided to those who sat on the committee, were in leadership positions or were considered endangered incumbents. Project funding was limited to $150,000 to $500,000 with the average being about$200,000. Since the June steering committee update, the Senate committee approved its EPA funding decisions. California only received five earmarks with two of those supporting water projects in the San Francisco area. Consequently, because neither the House nor Senate marks contain funding for secondary treatment upgrade assistance, efforts to secure support in the fiscal year 2008 budget face a significant challenge. However, because the President has signaled his intent to veto the legislation, there are still some future possibilities. However, even If an opportunity does occur, (and we stress this is speculative),the funding constraints will make any substantial assistance unlikely. F..No.OV 10 1 Marta Repon—SC R.I.01 M 7 Page 3 Book Page 13 i The SARI bright spot On the Water Resources Development Act(WRDA)front, prospects to address the relocation of the SARI line appear to be brighter. Working with Senators Boxer and Feinstein, we implemented a strategy to address the deficiency of the existing Santa Ana Mainstem Project Agreement. First, working with Senator Boxers Committee on Environment and Public Works WRDA staff, I we provided information on the need for a legislative fix and recommended solutions. This information included a first ever,joint letter of request from the District, OCWD, SAWPA and the County of Orange. This letter was requested by Senator Boxer's staff and the District's ability to secure it quickly provided a major boost for final resolution. Senate staff has been negotiating with their House counterparts to finalize WRDA legislation to be sent to the President for enactment. To this end, Representative Gary Miller has forwarded his priorities for a final WRDA bill to the House WRDA leadership that includes the District's SARI Line fix language. While WRDA was expected to be finalized by July 4, it is now apparent that final negotiations will extend into most of July. Nonetheless, it appears that both House and Senate delegation Members are working diligently to address the District's need to secure federal support for the relocation of the line. At the same time that WRDA negotiations continue, Senator Feinstein supported the District's request to address the SARI Line situation by securing legislative language in the Energy and Water Development Appropriations bill. If enacted into law, the Feinstein language will ensure that an appropriate budget level exists (in conjunction with the WRDA legislative fix)for the District to recover its loan to the County of Orange to relocate the SARI. As noted earlier,the President intends to veto spending bills like the EPA bill. However, his position on Energy and Water Development remains a little unclear giving hope that ultimately the bill would be signed into law. WRDA has received a red flag from the President's Office of Management and Budget because of its budgetary costs. However, WRDA passed both the House and the Senate by overwhelming and veto override margins. These two facts make the ultimate passage and enactment of WRDA much more optimistic. As of today, the prospects of the SARI Line becoming an eligible component of the Mainstem Project appear to be brighter than during our earlier discussions. State Legislative Report Heather Dion, Sean Fitzgerald and Chris Townsend, Townsend Public Affairs Political Highlights Sunday, July 1, marked the beginning of the 2007-08 fiscal year and, as of today, the State has not adopted a budget. The State Constitution requires the State to adopt a budget by June WI; however, that deadline is largely ceremonial and has very rarely been met. In the halls of the Capitol, the budget is not considered late until after July 1. Currently, the budget is still in conference committee where members are trying to resolve the few open items that are left, mainly education and transportation funding, infrastructure bond allocation, and a comprehensive water package. The conventional thinking is that the committee will be able to wrap up all of these this week. In addition to the conference committee, the four legislative leaders of each caucus(Senators Persia and Ackerman and Assembly members Nunez and Villines) have begun to meet behind dosed doors on a near daily basis to hash out the major differences between the houses and Form No.Dw1t 1 p .q _Y Pe 1. 01q 1 Page 4 Book Page 14 caucuses. Once the big four have reconciled their major differences they will engage the Governor to resolve any of his outstanding issues. Despite the current delay, some are optimistic that the Legislature will pass the budget by July 13. The State loses its ability to fund various services by July 15, so there will be a strong desire on the part of the Legislature and the Governor to avoid the negative press that will inevitably come with missing checks. Governor's Water Package The Governor has issued a new release on his proposed water package, which includes: • $4.5 billion for water storage -$2 billion would be financed through revenue bonds and $2.5 billion through general obligation bonds. • $1 billion for water conveyance and Delta Sustainability $250 million for water resources stewardship (general obligation bonds)to support restoration of the Klamath River, Salton Sea, San Joaquin River, and projects on the Sacramento River and Delta. $200 million for water conservation (general obligation bonds)to support the $1 billion from Proposition 84 for Integrated Regional Water Management (IRWM). These funds are intended as grants to local communities. A water package for the 2008 bond continues to be one aspect of negotiation between the legislature and the Administration in finalizing the budget. If the legislature cannot agree on the proposed package and funding, the measure will likely be taken up as a voter initiative with the Governor's support behind it. OCSD could benefit from the$200 million in IRWMP funds should a bond package be passed by the legislature or placed on the ballot through a voter initiative. Priority Legislation AB 1489(Huffman) AB 1489 would implement portions of Proposition 84, and would specifically include wastewater programs and projects as eligible for IRWMP funds. As you will recall, Prop 84 included a total of$1 billion for statewide IRWMP funds, of which $114 million was allocated to the Santa Ana Region for projects. The legislation was just recently amended and the inclusion of wastewater projects and programs would allow OCSD to work with SAWPA and other stakeholders to apply for funds related to the Districts priorities. While the legislation does not include wastewater into the definition of recycled water, for the purpose of allowing wastewater agencies to apply for such funding, it does open the door to allowing wastewater projects and related infrastructure to be eligible for IRWMP funding. SCA 12 (Torlakson) Senator Torlakson has recently introduced SCA 12 to exempt new or increased stonnwater discharge and urban runoff related charges from being subject to Proposition 218. Local governments have been dealing with increasingly strict regulations to reduce urban runoff and stonnwater discharge, but have not had the necessary funding needed to do so, and, therefore have been facing how to pay for community-wide efforts without requiring new development to FOIII,xo..1.1 Ifenm flapvl-Bfi xw;..a:o1,mm Page 5 Book Page IS pay a disproportionate share of those costs. The legislation would provide a very narrow exemption, but widespread benefits to local governments. SCA 12 is very similar to ACA 10 (Harman)that previously died on the Assembly Floor without a final vote. SCA 12 has received widespread support from cities, environmental groups, and stonnwater management entities. The Howard Jarvis Taxpayers Association however, is opposed to the bill. State Legislative Report Scott Baugh and Holy Fraumeni, Platinum Advisors No report submitted. JR:mg FO No.O ,u-, pBeMe ii. A-SL Ren 01W07 Page 6 Book Page 16 STEERING COMMITTEE Meeting0ate To M.of Dir. 07H8I07 AGENDA REPORT Itm Number Item Number 8(.) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Penny Kyle, Committee Secretary SUBJECT: Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its July 18, 2007 meeting. SUMMARY Staff routinely prepares for the Steering Committee lists of items scheduled for presentation to the Working Committees and the Board at their monthly meetings. This allows the Steering Committee the opportunity to review these items and make reassignments in the review or approval process. The following items are scheduled to be considered by the Board at the July 18, 2007 meeting: CONSENT CALENDAR 8. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Order the minutes for the regular meeting held on June 27, 2007, to be filed and deemed approved, as mailed. b. Adopt Resolution No. OCSD 07-16, Amending Resolution No. OCSD 98-33, amending Human Resources Policies and Procedures Manual. C. Adopt Resolution No. OCSD 07-17, Authorizing the District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for FY 2007-08; and Repealing Resolution No. OCSD 06-17. END OF CONSENT CALENDAR d. Consideration of items deleted from Consent Calendar, if any. Book Page 17 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 9. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on June 27, 2007, to be filed. Non-Consent Calendar b. Consideration of items deleted from Consent Calendar, if any. 10. OPERATIONS COMMITTEE (Engineering. Operations & Maintenance. and Technical Services) Consent Calendar a. Order Operations Committee Minutes for the regular meeting held on July 12, 2007, to be filed. (Minutes for 07/12/07 meeting will be distributed at 07118107 Board Meeting.) b. Approve a 3% contingency ($56,838) for amendments to the Professional Design Services Agreement with Black and Veatch Corporation to prepare an Energy Master Plan for the Treatment Plant Strategic Plan Update, Job No. J-102. C. Approve a budget increase of$350,000 for a total project budget of $4,961,000 for the Realignment and Rehabilitation of Big Canyon Offsite Trunk Sewer, Contract No. 5-62. d. 1) Approve Amendment No. 1 to the Professional Design Services Agreement with The Austin Company providing for additional design services for Laboratory Refurbishment at Plant No. 1, Job No. J-97, for an additional amount of$32,900, increasing the total amount not to exceed $155,300; and, 2) Approve a 5% contingency for amendments to said agreement ($7,765). e. Approve Amendment No. 1 to Cooperative Projects Grant Program Contract No. 0501 with the City of Huntington Beach, providing for a ten- month time extension with no additional funding. X WeGfWOanda\St—rg CO—It QW7W707111em Nh)UM dARe for July8ard M[ Roo'. ff... Page 2 Book Page 18 f. 1) Approve Amendment No. 2 to the Professional Services Agreement with Dudek & Associates, Inc. providing for construction support services for Rehabilitation of District Siphons, Contract No. 2-68, for an additional amount of$310,088, increasing the total contract amount not to exceed $1,461,244, and, 2) Approve a 4% contingency for amendments to said agreement ($58,450). g. 1) Approve a budget increase of $800,000 to the budget for Central Generation Automation, Job No. J-79-1, for a total budget of$18,755,180; and, 2) Approve the plans and specifications for Central Generation Automation, Job No. J-79-1, on file at the office of the Clerk of the Board. h. 1) Approve a Professional Services Consultant Agreement with Carollo Engineers for the development of a five-year Research Strategic Plan, Specification No. CS-2006-315, for an amount of$257,826; and, 2) approve a 15% contingency ($38,674). i. Approve the Sewer System Management Plan (SSMP) Development Plan and Schedule document as required by the State Water Resources Control Board Waste Discharge Requirements Order No. 2006-0003- DWO, issued on May 2, 2006. Non-Consent Calendar j. Consideration of items deleted from Operations Committee Consent Calendar, if any. 11. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on June 11, 2007, to be filed. GWRSSC Non-Consent Calendar b. Consideration of items deleted from GWRSSC Consent Calendar, if any. NON-CONSENT CALENDAR N WaptxjnmWeainO CanmNeo300T11)UMem Mel L9 M MiM MY B®a Ne Aar . M2Msa Page 3 Book Page )9 12. 1) Approve Plans and Specifications for 66kV Substation at Plant No. 1, Job No. P 1-97; 2) Approve Addendum No. 1 to the plans and specifications; 3) Receive and file bid tabulation and recommendation; 4) Award a contract to Miron Electric for 661kV Substation at Plant No. 1, Job No. Pt-97, for a total amount not to exceed $4,561,000, and, 5) Approve a 7% contingency for change orders to said contract ($319,270). 13. Approve a Cooperative Agreement with the Atlantic Richfield Company to assist in the management and disposal of petroleum-contaminated soil during construction of the 66-Inch Ellis Avenue Trunk Sewer, Contract No. 1-10A, in a form approved by General Counsel. 14. Closed Session N lbP:bB.g :mMCammMw�WiN]Orv:mm del 119NARf rohN�eE We nw.w. elzasa Page 4 Book Page 20 ORANGE COUNTY SANITATION DISTRICT (714) 962-2411 www.ocsd.com Mailing Address: P.O. Box 8127 Fountain Valley, California 92728-8127 Street Address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 Orange County Sanitation District FY 06/07 Strategic Initiatives Local Sewer Services Staff Report January 2007 (revised April2007) GOJNjN SANITLP gro� o = A Q o -1 9or�cT/ryG T EN HE Orange County Sanitation District FY 06/07 Strategic Initiatives Local Sewer Services Staff Report January 2007 (revised April 2007) SANITgToy A = m _ o � THE TABLE of CONTENTS r Introduction.................................................................................................................1 Purpose of the Local Sewer Services Report.............................................................1 r Acknowledgements....................................................................................................1 Background................................................................................................................2 r Funding for OCSD Regional and Local Servioas........................................................2 Ad Valorem Tax Issues.........................................................................................3 r History........................................................................................................................3 Summary of Approach of Analysis .............................................................................5 County Auditor/Controller Meetings......................................................................5 County Mapping Office Meetings..........................................................................6 OCSDStaff Meetings............................................................................................6 r Findings......................................................................................................................7 LocalSewer Ownership........................................................................................7 Operation and Maintenance of the Local Sewers..................................................7 Risks and Costs to Maintain the Local Sewers.....................................................7 Local Sewer Service Funding................................................................................8 Apportionment and Tax Calculations ....................................................................8 OCSD's Regional System Ratepayers are Subsidizing Local Services................8 Projected Repair and Replacement Costs............................................................8 Status of Reserve Funds for Repairs and Replacement of the Local Sewers.......8 Reserves are Inadequate for O&M and Replacement...........................................9 Compliance with the Statewide WDR Order .........................................................9 r Staff Time and Resources.....................................................................................9 What Should OCSD Do?.......................................................................................9 Conclusions..............................................................................................................10 Staff Recommendations...........................................................................................10 Establish a Local Sewer User Fee Structure.......................................................10 r Local Sewer Fee Collection ................................................................................10 Accounting Procedures.......................................................................................10 Public Relations Effort.........................................................................................10 r Transfer Ownership of Local Sewers..................................................................11 Regional Sewer Services by OCSD....................................................................11 Definitionof Terms ...................................................................................................11 r r TABLE of CONTENTS - continued ITEM A Tustin and Unincorporated Areas of Revenue Area 7 Map ITEM B Agreement to transfer local sewer assets in the Irvine Business Complex from OCSD to IRWD ITEM C Local Sewer Service Study Summary of FY 2005/06 Revenue/Expenses for r the Unincorporated Areas of Revenue Area 7 and Part of the City of Tustin ITEM D GHD's Graph of Projected Rehab/Renewal Expenses ITEM E Summary of Projected Repair and Replacement Expenses ITEM F SWRCB Order No. 2006-0003-DWQ Statewide General Waste Discharge Requirements for Sanitary Sewers r ITEM G Fact Sheet for SWRCB Order No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewers ITEM H SWRCB Monitoring and Reporting Program No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewers r H:WepttrasWl0%echavartaW1010 1 Sever InittaWes Report r r r r r r ii r January 2007(revised Aprd 2007) Local Sewer Services Repwl Page I of 12 r r Introduction In August 2005, the Executive Management Team negotiated and selected ten strategic initiatives to address in FY 2006/07. The goal of the Local Sewer Services Initiative was to decide the agency's role in local sewer ownership and 0 & M issues, and to adjust the business plan and funding needs accordingly or transfer the assets to another owner. This report is a strategically important summary of research conducted by staff of the Regional Assets and Services unit of the O&M Department of the Orange County Sanitation District (OCSD). It summarizes the investigative effort into the funding adequacy for delivery r of services for the local sewers in the unincorporated areas of Orange County in North Tustin, El Modena, and about half of the city of Tustin. The local sewer system consists of small diameter vitrified day piping, mostly eight inches in size, and is about 175 miles long as compared to the 405 mile long medium and large diameter regional interceptor and trunk system and pumping facilities. r This was a comprehensive "first-ever" effort that involved staff from the County of Orange Auditor/Controller's office, their consultant ARK Technologies, the county Mapping office, r, and the county Assessor's office. The results of this effort provide the most comprehensive report to date on this issue Purpose of the Local Sewer Services Report This report was written to assist the Board of Directors and executive management in determining an appropriate business decision regarding this issue. Staff believes that several historical events impact this decision: The Collection Facilities 0&M staff workforce reduction in 1997 r • Executive management's decision at that time to focus remaining staff on the regional sewer system business and pursue options for the transfer of ownership of the local sewer systems r The increasingly risky regulatory climate for managing sewer systems Renewed attention to this issue in the fall of 2005 brought by staff as part of the Strategic Issues development process. This report will also provide policy makers the information they need to decide OCSD's future role in the ownership and management of these assets and resources. Staff's conclusions and recommendations are presented on pages 10 and 11. Acknowledgements This project was led by Ann Crafton, the Principal Financial Analyst in Division 410 of the O&M Department, and involved many members of OCSD and County of Orange staff. The r OCSD teams consisted of personnel from Engineering, Finance, Operations and r i January 2007(revised April 2007) v Local Sewer Services Report Page 1 oj12 V Maintenance. The following is a list of the teams and work groups that were responsible for helping provide data to complete this report: L • OCSD Collection Facilities O&M Division -- • OCSD Regional Services unit's staff r • OCSD Asset Management Team • OCSD Accounting Division L • OCSD CCTV Program Development and Implementation Team • OCSD Engineering Data Management Group t • OCSD CMMS Support Group �" • OCSD Land Record Document Program Project Assessment Team i • Orange County Auditor/Controller's office L • Orange County Mapping office • Orange County Assessor's office L • ARK Technologies (service provider to the Assessor's staff) Background OCSD is a publicly owned regional wastewater treatment agency providing regional sewage collection, treatment, and disposal services in central and northwest Orange County. The L current service area encompasses a 471 square mile area of Orange County and includes twenty-one cities and three special districts. Local sewer services are also directly provided by OCSD in limited areas. Local cities and special districts collect wastewater from residential, commercial and industrial properties through local sewer lines. The local sewers are a system of connecting L pipes located under city streets (and sometimes include pumping facilities) that discharge into OCSD regional interceptors, pumping facilities and eleven major trunk lines feeding the two regional treatment plants. Each city or special district has established its own local sewer user fee depending on its site-specific costs to own, manage, operate and maintain its local wastewater collection system. Direct monthly billing for the local sewer user fee often appears as a line item on the water or other utility bill. �. Funding for OCSD Regional and Local Services A regional sewer user fee is assessed to each parcel connected to the sewer system within u the service area. The current FY 2006/07 annual regional sewer user fee for a single-family — residence is $165.80. The OCSD regional sewer user fee appears in the special L assessment section on the annual property tax bill. This study was based upon financial data from the most recent complete fiscal year, FY 2005/06, thus this study will reference FY 2005/06 annual regional sewer user fee for a single-family residence which was Vj $151.00. L L January 2007(revised April 2007) Local Sewer Services Report Page 3 of 12 r Representative site-specific cities charge local sewer service fees that range between $3.50 .. and $16.15 per month for a single-family residence. OCSD does not directly bill the local sewer service customer like a city does and currently there is no billing mechanism in place to bill for local sewer user fees in the unincorporated areas and the city of Tustin that OCSD .� serves. OCSD does however receive an ad valorem tax apportionment for the operation and maintenance of the local sewers. OCSD was originally organized regionally into nine districts known as the County Sanitation Districts of Orange County and has since consolidated those districts into one agency. The former individual districts are now referred to by staff as Revenue Areas. These former districts are still significant in understanding the historical development of the regional sewer system. Ad Valorem Tax Issues The ad valorem tax apportionment is allocated based upon the nine regional districts or revenue areas that existed prior to the passage of Proposition 13 in 1978. The county is w permitted by state law (Proposition 13) to levy taxes at 1% of full market value (at time of purchase) and can increase the assessed value no more than 2% per year. OCSD receives a share of the basic levy proportionate to what was received in the 1976 to 1978 period less $3.5 million, the amount that represents the state's permanent annual diversion from special districts to school districts that began in 1992-93. �- As a result of the state fiscal crisis, OCSD did not receive its full allocation of property tax funds for the previous two fiscal years. The Governor's proposed FY 2006-07 budget excludes this additional tax shift. If adopted in the official state budget, OCSD would receive .. an additional $20 million over the FY 2005-06 allocation for providing regional (not local) sewer services. The particular area of interest in this study focuses only on the OCSD-owned and operated local sewers in the areas mentioned above. This general service area was formerly known as County Sanitation District No. 7 (CSD 7). It is now referred to as Revenue Area 7 and contains both local and regional sewers. A map of the area is included in Item A for the reader's information. OCSD also possesses detailed point-to-point sewer maps of this system. v+ Since the mid 1960's, OCSD has maintained the local sewers in the study area. The following is a historical account of events pertaining to the local sewers in Revenue Area 7: History February 15, 1961 The County Board of Supervisors created the 7" Sewer Maintenance District to provide local sanitary sewer services in county unincorporated areas. r .r January 2007(revised April 2007) Local Sewer Services Report _ Page 4 of 12 V 1962 CSD 7 issued $3.7 million in bonds to construct trunk and L subtrunk (not local) sewers for regional wastewater collection, which were completed by early 1964. Local sewers were constructed by numerous developers, to their standards, design, construction and inspection requirements 1963-64 CSD 7 formed six assessment districts to finance the construction of local sewers in the unincorporated areas. July 1, 1963 An agreement was made between CSD 7 and the 7" Sewer Maintenance District for CSD No. 7 to maintain the local sewers for a fee. 'r January 6, 1964 Tustin City Council, by Resolution No. 689, annexed all city areas and their local sewers into the th Sewer Maintenance District. May 12, 1964 The County Board of Supervisors created the 701" Sewer Maintenance District to provide local sanitary sewer services in w the unincorporated areas, generally pumping facilities, due to topography. September 10, 1964 An agreement was formed between CSD 7 and the 7dh Sewer Maintenance District for CSD No. 7 to maintain the local sewers and their related pumping facilities for a fee. L May 14, 1986 The 7°i and 70t" Sewer Maintenance Districts were dissolved and turned over to CSD 7. I April 26, 2002 State Water Resources Control Board (SWRCB), Santa Ana {r Region adopts Waste Discharge Requirements (WDR) for owners of sanitary sewer systems with stipulations that systems y be adequately funded. General Counsel Tom Woodruff also delivered the staff-requested report on ownership of local sewers and sewer lateral issues in CSD 7. u July 1, 2003 OCSD transferred sewer service responsibilities for portions of Tustin and the Irvine Business Complex (IBC) to Irvine Ranch Water District (IRWD). See Item B. May 2, 2006 SWRCB adopts statewide WDR Order for sewer systems with increased detailed requirements on system funding and management. Santa Ana Regional Board subsequently rescinds its 2002 WDR Order. U Prior to the establishment of the six assessment districts, there were no local sewers managed by a public system to serve the unincorporated areas. The revenue from the assessment district bond issue was apparently used to construct the local sewers. CSD No. L 7 apparently requested, urged, and supported the County Board of Supervisors' formation of the 7'" and 70'b Sewer Maintenance Districts because the primary function of CSD No. 7 " L L Jwa y 2007(revised April 2007) Lord Sewer Services Report Page 5 of 12 was regional trunk sewers, not local sewers. Apparently, even though the actual ownership of the local sewers was never transferred, the 71h and 70'" Sewer Maintenance Districts were charged with the legal obligation to maintain and repair all local sewers within their jurisdiction. r The properties served within the 7" and 7& Sewer Maintenance Districts were and continue to be almost exclusively residential, and existed wholly within the CSD No. 7 service area. In accordance with both the County Sanitation District Act and the Sewer Maintenance District Act, the two agencies co-existed with overlapping service areas, but each was to provide a different service (e.g., the County Sanitation Districts provided regional sewer services and the Sewer Maintenance Districts provided local sewer services). When the 7'" and 70'" Sewer Maintenance Districts were dissolved and turned over to CSD No. 7, the legal obligation (as owners) to maintain and repair the local lines was transferred to OCSD. w Summary of Approach of Analysis A detailed analysis of revenue adequacy for the local sewer systems had never been conducted before this study. The unincorporated areas of Revenue Area 7 and a portion of the city of Tustin include approximately 17,000 parcels. To completely understand the local sewer service responsibilities, costs, and revenue streams, a subset of the unincorporated areas was selected as an initial pilot study. The El Modena area, with just over 1,200 parcels, was selected for its manageable size and location, and availability of physical data. Our reasoning was that once the El Modena model was understood and verified, the methodology could also be applied to the entire local sewer system that OCSD operates .. and maintains within Revenue Area 7. Staff participated in multiple meetings with the Orange County Auditor/Controllers office and .. the County Mapping office to learn about the complexities of the revenue scenario, and process for local sewer service in the unincorporated areas and a portion of the city of Tustin. Staff needed to understand tax rate areas (IRAs), the methodology of the .. apportionment calculations, the "Teeter' calculation, the levy amount for the regional system verses the local system, the comprehensive Proposition 13 story, and the history of the sewers in the unincorporated areas. County Auditor/Controller Meetings Staff met with the Orange County Auditor/Controllers office on multiple occasions to learn r about the ad valorem apportionment, the history of the 71h and the 70' Sewer Maintenance Districts, and their relationship to CSD 7. Following these meetings, it was clear that very little history about the local sewers in the unincorporated areas was documented or fully understood by any one county staff person. Much of the data obtained from the county Auditor/Controller's staff was developed through personal interviews with long-time staffers. During this phase of the study, one of the most knowledgeable, long-time employees from the Auditor/Controllers office retired. Following his retirement, there was a great deal of r r Jonrmry 2007(revised April 2007) Local Sewer Services Repon Page 6oj12 j confusion and misinformation originating from that office, and we learned that some of the notes and details about the unincorporated areas were deleted from the Auditor/Controller's records during the staff transition period. Fortunately, the county retained this retiree as a consultant when his targeted replacement accepted a position with a different agency. We were then able to re-interview him to sort out the miscommunications and anomalies. Much of the background information for this report was not gleaned from documents or electronic data, but rather from the Auditor/Controller's staff experience and historical recollection. We believe that this data is valid and logical in piecing together the financial history. County Mapping Office Meetings Staff also met with the Mapping Division at the County to understand the TRA assignments, taxing agencies, service providers, and how the numbering system identified parcels as being located in unincorporated areas and within specific service boundaries. It was discovered that even though the Auditor/Controllers office staff has very specific areas of expertise, and although the TRA information was a component of the apportionment �+ calculation, it was necessary to interview several different staff members to get the full picture, as each had specific information on only a segment of the process of how fees are calculated for the parcels. A comprehensive parcel listing was obtained from the Orange County Auditor/Controller's L technical services consultant, ARK Technologies. The data identified the ad valorem apportionment that was assigned as code number C90.07, which is the levy amount per parcel for regional sewer services. The report also listed the following: the Regional Sewer User Fee assessed by OCSD and collected by the County Assessor's office and the Teeter fee that the county keeps for providing the revenue collection services for OCSD's assessment. The parcel report also contains the ad valorem apportionments from the code number C90.08 levy for the local sewers within the former 7"Sewer Maintenance District, and the code number C90.09 levy for the local sewers within the former 70s" Sewer Maintenance District that were re-assigned to OCSD when the 7'" and 70s" Sewer Maintenance Districts were dissolved. Again, the different county staff members interviewed y did not fully understand the history and apportionment data, and often provided conflicting information due to an assumed lack of comprehensive and detailed historical knowledge. 6, OCSD Staff Meetings Next, staff consulted with OCSD's Engineering Department to obtain parcel maps of the unincorporated areas and Tustin. The local apportionment revenue (C90.08 or C90.09) was manually plotted on the maps to verify that every parcel was represented and accounted for. _ Further, all parcels with septic tank systems were identified on the parcel maps. ('Note: Identification of septic tanks is important when calculating local sewer user fees. Parcels with septic tanks would not be charged a local fee, and are not charged a regional sewer and treatment user fee since they are not connected to the local sewer system.) u V January 2007(revised April 2007) Local Sewer Services Report Page 7 of 12 r Once the FY 2005106 revenue was fully understood, staff reviewed OCSD's Financial .r Information System (FIS) for FY 2005/06 expenditures for local sewer services. One of the first obstacles we encountered was that there was no mechanism in place for identifying costs specifically related to El Modena area expenses. All of the charges for the local r sewers were coded to either the city of Tustin, location code 5710, or the general and larger Unincorporated Area location code 5709. Staff requested the addition of location code 5712 far tracking El Modena revenue and expenses. The new code was implemented for FY r 2006/07. Due to the location of the El Modena area, it is important to track the revenue and expenses of these"islands." This information will be helpful if the ownership of these assets is ever transferred from OCSD to another agency. These islands are bounded by the city of r Orange and are within its sphere of influence. Closed Circuit Television (CCTV) inspection records from OCSD staff show the condition of the local sewer system in El Modena is generally very good, and an asset condition study was performed by GHD Management, Engineering, and Environmental Consultants. Projected repair and replacement costs and timelines were identified for the local sewers by GHD staff applying typical statistical methods. This information will help with the establishment of a local sewer user fee and planning for a local sewer reserve account. Findings The following were staffs findings in response to several key questions: Local Sewer Ownership OCSD awns, operates and maintains all of the local sewers in the unincorporated areas of Revenue Area 7 and a portion of the city of Tustin. Operation and Maintenance of the Local Sewers In the early 1960's, OCSD established six assessment districts to finance the construction of local sewers in the unincorporated areas. The 7th and 70th Sewer Maintenance Districts were established to operate and maintain the local sewers. In 1986, the County Board of Supervisors dissolved the 7th and 70th Sewer Maintenance and transferred the responsibilities for the local sewers to OCSD. Currently, OCSD operates and maintains these local sewers. ,,i Risks and Costs to Maintain the Local Sewers Many of the local sewers are located in hilly and remote areas that are difficult to access and service. The local sewer lines are small diameter pipes, almost all being 8 inches in r size. These pipes are at a greater risk for blockages and spills, and must be cleaned more frequently than the larger regional lines. Historically, tree roots have been a problem in many of the unincorporated areas. Blockages and stoppages in small diameter lines can cause spills that result in public health and safety concerns, environmental problems, and unbudgeted costs. Spills can also result in penalties and fines from the State Water Resources Control Board as well as third party actions (citizen suits) by non-governmental organizations (NGO). Well over 95% of the OCSD historical sewer spills occur in the local sewer systems. r r i January 2007(revised Apri11007) v Local Sewer Services Report Page 8 of 12 OCSD spent a total of$1,215,707.27 in contractual expenses, salaries, and overhead in FY L 2005/06 to operate and maintain the local sewers in the portion of the city of Tustin that _ OCSD serves and in the unincorporated areas of Revenue Area 7, including the El Modena islands. This figure was considered historically low on a trend basis due to problems with pipe cleaning contractors during that fiscal year. Local Sewer Service Funding Currently, the only direct source of funding for operating and maintaining the local sewers, besides subsidies from the regional user fee, is an apportionment established when the 7'" and 70'" Sewer Maintenance Districts were formed. The net 2005/06 revenue from this apportionment for the unincorporated areas and the portion of the city of Tustin was $247,008.93. This averages out to be $14.00 per parcel per year. The net revenue is calculated as the levy amount of$413.750.31 less the .003% Teeter fee and the 40% reduction for the state budget bail out. (Note: the state budget bail out was established as a — mandatory loan from local government funding to the state for fiscal years 2004/05 and 2005/06 only.) See Item C. Apportionment and Tax Calculations Every parcel in an area within the county is assigned by the Assessor to a TRA depending on the specific public services provided in that particular area. Each service provider is assigned a factor based upon a pre-Proposition 13, three-year average of fees charged. Local agencies receive 40% of the one percent tax rate, as provided by Proposition 13. For 6" example, ifthe tax due is $137.58 and OCSD's local sewer service rate is 0.00290648, then the total levy amount due to OCSD is only $0.39 annually. This is an actual levy for parcel 093-064-01 in the unincorporated area of Revenue Area 7. 6' OCSD's Regional System Ratepayers are Subsidizing Local Services In FY 2005/06, the regional sewer and treatment system user fee, based on this audit, to subsidized the local sewers in the unincorporated areas and a portion of the city of Tustin by $968,698.34. Projected Repair and Replacement Costs GHD Management, Engineering, Environmental Consultants conducted a condition assessment study on the local sewers that OCSD maintains in Revenue Area 7. Many factors were considered including age, material, size, current condition, etc. The total estimated repair and replacement costs of OCSD's local sewers within Revenue Area 7, based upon today's costs over the next 100 years, totals $27,543,928.00. See Items D and E. The costs are further broken down by area as follows: _ o El Modena islands (5712) $705,126.00 o Unincorporated areas (5709) north Tustin $17,101,180.00 o City of Tustin (5710) served by OCSD $9,737,622.00 _ Status of Reserve Funds for Repairs and Replacement of the Local Sewers y OCSD maintains a general reserve account for capital repairs and replacement for all facilities. Currently, there is not a specific fund for repairs and replacements for the local IL Le January 2007(revised April 2007) Local Sewer Services Report Page 9 oJ'12 r sewers. The generally accepted EPA guidelines for a reserve account is 2% of the asset .. replacement value per year for a system with a design life of 50 years, or 1% for a system with a 100-year design life. r Reserves are Inadequate for O&M and Replacement Since the existing revenue stream is inadequate to support the operation and maintenance of the local sewers, it would be reasonable to assume that the reserves are inadequate or nonexistent for the local sewers. Compliance with the Statewide WDR Order The State Water Resources Control Board issued Order No. 2006-0003-DWQ on May 2, 2006. The order has many requirements and specifically states..."The Enrollee (owner) shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices." See Items F-H. Currently, there is not an adequate site-specific revenue stream to operate and maintain the local sewers owned by OCSD, or to address the future repair and replacement of these lines. Additionally, because the local sewers are small-diameter lines, they present a higher risk of blockages and spills that the larger regional sewers. Sewer spills are closely 4 monitored by the State Water Resources Control Board and strict fines can be imposed for spills or program noncompliance. Staff Time and Resources The OCSD Collections Facilities O&M staff provides maintenance and emergency response services to the entire regional collection system as well as to the local sewer system in Revenue Area 7. The local sewer system has smaller diameter pipes that require frequent cleaning, root and insecticide treatment, and inspection to keep them free from odors, pests, blockages and spills. The frequency of call outs due to customer complaints and service requests are greater for the local sewers, especially in the hilly areas where tree roots are a problem for both the homeowner and OCSD. The local sewers do take staff time and resources away from OCSD's core business of regional sewer management and its increasing stressors due to age and corrosion. What Should OCSD Do? Currently, property owners, based on feedback data on file, are receiving excellent service without being charged local sewer user fees. If another agency were to provide local sewer services, there would need to be an equitable and adequate revenue stream. A local sewer user fee should be established, not only to support OCSD's true costs of annual and long- term ownership, but also to make the possible future transfer of ownership to others a more feasible venture. r ,r r January 2007(revised Apra 2007) L Local Sewer Services Report Page 10 of/z I Conclusions L • The local sewers in Revenue Area 7 are currently under funded • Funds from the regional sewer user fee, which are paid by all OCSD ratepayers, are L clearly subsidizing the costs to operate and maintain the local sewers in the unincorporated areas and about half of the city of Tustin "- • Staff time and resources are being diverted from OCSD's core business of regional L sewer system management to the local sewer system • OCSD could be in jeopardy of being out of compliance with the statewide WDR mandate that requires that we maintain adequate rate structures for operations, L maintenance and repairs for these local sewers i Staff Recommendations V Based on the analysis performed by staff in this report, we recommend the following: — Establish a Local Sewer User Fee Structure— OCSD should adopt an equitable and L. adequate local sewer user fee to ensure the following: • The local sewers are self supporting L • There are adequate resources for materials, supplies, services, and staffing • There are adequate reserves dedicated to the repair and replacement of the aging system Local Sewer Fee Collection—Once the local sewer service fee structure is adopted, the county of Orange should collect the local sewer user fee on the tax bill under the same collection arrangement that is in effect with the regional sewer user fee. The existing local apportionment levy and the county calculation formula for local sewer services could then be abandoned. Accountinq Procedures—Accurate and separate accounting should be established for the _ revenue and expenses needed for operational and reserve accounts in the El Modena islands, the city of Tustin, and the unincorporated north Tustin areas. This will make it easier if OCSD seeks to transfer local sewer ownership. This would ensure that the local sewers _ are adequately financed and would allow OCSD to prevail in a regulatory audit or inquiry. Public Relations Effort—A public relations effort should be initiated in the unincorporated areas and in part of the city of Tustin. The effort could include: v • Educating property owners about the local sewer services they currently receive from OCSD • Providing information about how to properly maintain private sewer laterals V • Informing property owners about enterprise funds and how other local city and agency sewer systems are funded • Explaining the importance of regulatory compliance L L I January 2007(revised April 2007) Local Sewer Services Report Page 11 of 12 Transfer Ownership of Loral Sewers —Continue to identify and pursue other local agencies that may be interested in a transfer of ownership once an adequate local sewer service fee is in place (e.g., IRWD, city of Orange, city of Tustin.) ,.� Regional Sewer Services by OCSD — Stop using OCSD regional sewer revenue to pay for local sewer services. This was one of the original intentions during the 1997 downsizing. Reallocate regional staff and resources back to the core business of regional sewer system O&M. Definitions of Terms Ad Valorem Tax—a tax based upon the assessed value of property. The term "property tax" may be used interchangeably with the term "ad valorem tax." .r CMMS — Computerized maintenance management system El Modena Area—A county unincorporated area comprised of three islands bounded by m the city of Orange and which are within its sphere of influence. IBC — Irvine Business Complex. Now within the boundaries of the city of Irvine and in OCSD .. Revenue Area 14 with limited regional services provided by OCSD. IRWD— Irvine Ranch Water District OCSD — Orange County Sanitation District O&M — Operations and Maintenance r SWRCB — State Water Resources Control Board Teeter Plan — In 1949, the California Legislature enacted an alternative method for the distribution of secured property taxes to local agencies. This method, known as the Teeter Plan, is set forth in Sections 4701-4717 of Revenue and Taxation Code of the State of California (the "Law"). Generally, the Teeter Plan provides for a tax distribution procedure by which secured roll taxes are distributed to taxing agencies within the County included in the .. Teeter Plan on the basis of the tax levy, rather than on the basis of actual tax collections. The County receives all future delinquent tax payments, penalties and interest, and a complex tax redemption distribution system for all participating taxing agencies is avoided. Under this plan, the County advances the property tax portion (1 percent tax rate portion) of the levy. ,y The Teeter Plan establishes a mechanism for the county to advance the full amount of property tax and other levies to local governments, school districts, and, in some cases, CFDs, assessment, and special districts. All of California's 58 counties participate in the .d Teeter Plan except Alpine, Calaveras, Del Norte, Los Angeles, Mariposa, Mono, and Monterey. TRA —Tax Rate Areas as defined and managed by the County of Orange WDR—Waste Discharge Requirements r January 2007(revised April 2007) V Local Sewer Services Report Page 12 of 12 7`" Sewer Maintenance District—created in 1961 by the board of supervisors to provide L local sanitary sewer services in county unincorporated areas. The r Sewer Maintenance Districts was dissolved in 1986 and turned over to County Sanitation District No. 7. 70" Sewer Maintenance District—created in 1964 by the Board of supervisors to provide u local sanitary sewer services, mostly through pumping facilities and their associated gravity and pressure sewers in the unincorporated areas. The 70v Sewer Maintenance Districts was dissolved in 1986 and turned over to County Sanitation District No. 7. L Ir Lr L L Ir i V L Ir Ir V L L L ITEM A Tustin and Unincorporated Areas of Revenue Area 7 Map Tustin and Unincorporated Areas of Revenue Area 7 Map .. _ VIL(APrRa � ORANGE O - EL MODEN ISLAND \ Revenue Areal v UNINCORPORATED AREA j (NORTH TUSTIN) J q a TUSTIN Revenue Area 7 S4NTAANA % R w i ' IRVINE ITEM B Agreement to transfer local sewer assets in the Irvine Business Complex from OCSD to IRWD r r AGREEMENT THIS AGREEMENT is made and entered into the/5— day of k-/� , 2003,to be effective on the effective date specified herein, by and between: . r ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter r referred to as"OCSD; AND r IRVINE RANCH WATER DISTRICT,A California water district, hereinafter referred to ,r as"IRWD' RECITALS r WHEREAS.OCSD is a County Sanitation District duly organized and existing pursuant to the County Sanitirtion District Act,California Health and Safety Code r sections 4700 of seq.,which provides for the ownership, operation and maintenance of wastewater collection,treatment and disposal facilities; WHEREAS, IRWD is a public agency duly organized and existing pursuant to the r California Water District Act, Cafdornia Water Code sections 34000 at seq., and also r owns, operates and maintains wastewater collection,treatment and disposal facilities; WHEREAS, OCSD accounts for property tax and other revenues and expenses r separately in Revenue Areas existing within OCSD's jurisdictional boundaries; r WHEREAS, within OCSD's Revenue Area 14, IRWD provides local wastewater collection service and delivers the wastewater collected within IRWD's service area to OCSD's trunk sewer and treatment plant facilities fortreatment and disposal, pursuant to the terns and conditions of those certain agreements between IRWD and OCSD, as r the successor to County Sanitation District No. 1z of Orange County, identified in and r 1rL r r r L L affirmed by OCSD's Resolution No. OCSD 98-37, providing for IRWD's use and funding of capacity and ownership equity in the OCSD wastewater collection,treatment and disposal facilities for the benefit of the area in OCSD's Revenue Area 14 and the cooperative pretreatment ordinance administration (collectively,the"Revenue Area 14 V Agreements'); L WHEREAS,those rea, properties within the boundaries of the"Irvine Business Complex' ("ISCI and the Tustin Marine Corps Air Facility("MCAF"), as depicted on L Exhibit"A"attached hereto and incorporated herein by reference(the'Transfer Area"), L are located within OCSD Revenue Area 7 and adjacent to Revenue Area 14, and receive water service from IRWD and local wastewater collection service from OCSD; L WHEREAS,the IBC portion of the Transfer Area is, in large part,developed. Under the Defense Base Clcsure and Realignment Act of 1991, MCAF is designated for L reuse with a mixture of uses pursuant to a reuse plan and specific plan prepared by the u City of Tustin("Tustin")as the local redevelopment authority; I WHEREAS, taking into consideration IRWD's ongoing provision of local retail t"i water service to the Transfer Area, the proximity of the Transfer Area to OCSD Revenue Area 14 and other factors, OCSD and IRWD have determined that efficiency Li would be gained by having IRWD provide local wastewater collection service within the L Transfer Area,including the proposed uses of MCAF, in the same manrer as such V service is provided in the adjacent Revenue Area 14; WHEREAS, in order to facilitate the provision of local wastewater collection L service to the Transfer Area by IRWD,the parties have determined that the Transfer Area should be transferred from OCSD Revenue Area 7 to Revenue Area 14 and that L L L L r r the contractual funding arrangements of the Revenue Area 14 Agreements should be made applicable to the Transfer Area,sibject to the terms and conditions as set forth in this Agreement; r WHEREAS, the Revenue Area 14 Agreements provide for funding of such costs r by IRWD on the basis of OCSD's annual integration adjustment and CORF-sharing formulas, utilizing flows generated within Revenue Area 14; WHEREAS, a portion of the Revenue Area 14 wastewater flow is tributary to both IRWD's Michelscn Water Reclamation Plant(MWRP)and the trunk line sewer facilities r of Revenue Area 14; r WHEREAS, under the Revenue Area 14 Agreements,the annual integration adjustment and CORF-sharing formulas used by OCSD are based on a running three- year average of the highest four calendar months'flows within Revenue Area 14 instead r, of average annual flows,which is intended to adjust for the seasonal variation that can occur in Revenue_Area 14's flows to OCSD because of IRWD's reclamation of a portion r of the wastewater flow at its MWRP; WHEREAS,the Trarster Area waslewaterflow is not tributary to MWRP, and it is r not presently feasible for IRWD to reclaim such non-tributary flow; r WHEREAS, in recognition of the foregoing distinction between the Transfer Area and Revenue Area 14,the parties have determined that for purposes of including the r Transfer Area it IRWD's annual integration adjustment and CORF-sharing allocation ,r unde-the Revenue Area 14 Agreements, the fornula adjustment to highest-four-months should not be applied to the Transfer Area flows for so long as said flows remain non- r r LLxcyg; r r L� L tributary to MWRP. In place thereof,the annual integration adjustment and the CORF- sharing formulas applicable to the rest or OCSD shall apply; WHEREAS, the parties intend thatiRWD succeed OCSD in any and all exist ng L sewer service agreements within the Transfer Area,with appropriate notification of existing customer.. and IRWD proposes to enter into local sewer service agreements L with Tustin and/or the future developers and owners of property within MCAF; L WHEREAS,a small volume of wastewaterfow from the existing MCAF military personnel housing on the east side of Peters Canyon Wash, and a portion of the L proposed MCAF development will be delivered to the existing Red Hill Trunk Sewer (collectively,the`Red Hill Trunk Flow)until completion of the development of MCAF. 64 Thereafter flow will be delivered to OCSD's planned ArmstrongTrunk Sewer. L In consideration of the promises, covenants, rights and obligations set forth herein, the parties hereto covenant and agree as follows: L AGREEMENT - V 1. Within sixty(60)days of the effective date of this Agreement, OCSD agrees to administratively transfer the Transfer Area from Revenue Area 7 to Revenue Area 14. Except as herein provided,the Transfer Area shall be subjedtto the Revenue Area 14 Agreements, including the February 11, 1987 Memorandum of Understanding L relating to industrial waste program administration. 6, 2. Except as otherwise set forth on Exhibits A and S hereto,within sixty (60) days of the effective date of this Agreement, OCSD agrees to transfer from Revenue �+ Area 7 to Revenue Area 14(i) all sewer facilities and capacity rights therein used by the j Transfer Area and (ii) 3.69 million gallons per day(MGD) of ownership equity in the joint W L L L r r OCSD facilities, which equity transfer the parties acknowledge has been determined to r be attributable to the Transfer Area, based on the annual integration adjustment formula in use by OCSD on the effective date hereof and an initial flow measurement made prior r to the effective dare of this Agreement in accordance with the procedure for flow ,r measurements set forth in Section 6 hereof. The parties agree to divide equally the cost of the initial flow measurement. r The sewer facilities to be transferred to IRWD and those to be retained by OCSD r are more specifically identified on Exhibit"B;which is attached hereto and incorporated herein by this reference. The facilities to be retained by OCSD are collectively referred to herein as the"Retained Facilities." Retained Facilities are also depicted on Exhibit "A" hereto. Users located within the Transfer Area shall be allowed to use the Retained r Facilities; provided, however, that IRWD shall pay for a percentage of the replacement r and refurbishment costs for the Retained Facilities based upon the percentage of capacity in the Retained Facilities utilized by user located within the Transfer Area. r Within sixty(60)days of the effective date of this Agreement, OCSD shag provide to r IRWD(a) a copy of the Sewer System.Atlas for the Transfer Area, dated July 1997, prepared by Camp, Dresser& McKee, Inc. and (bj copies of the record drawings showing the"as-builf'trunk and local collector sewer lines in the Transfer Area. 3. Nothing in this Agreement shall effect a change in the status of sewerage r facilities located outside the Transfer Area, but serving the John Wayne Airport area. r 4. Within sixty(60) days of the effective date of this Agreement, OCSD shall compute the difference,as of the effective date, between the Transfer Area's r proportional share of OCSD's outstanding Certificates of Participation and the Transfer r r r Area's proportional share of OCSD's unrestricted net assets aid net assets restricted for debt service, based on the initial flow measurement referred to in Section 2. If such share of the outstanding Certificates of Participation is the larger of the two amounts, I IRWD shall pay the difference to OCSD within sixty(60)days of receipt d an invoice therefore from OCSD; I it is the smaller of the two amounts, OCSD shall credit the difference to Revenue Area 14 within sixty (60)days of making the computation. OCSD shall transfer to IRWD all future property tax revenue attributable to the Transfer Area which revenue is received by OCSD. The revenue entitlement so transferred shall be credited by OCSD against IRWD's funding obligations with respect to Revenue Area 14. 5. Upon making the transfers pursuant to Sections 1,2 and 4 hereof, OCSD shall provide IRWD with a written report of the trarsfers and amounts applied to debt service and credited to IRWD's Revenge Area 14 funding obligations. 6. Wastewater flows from the Transfer Area shall be included in Revenue Area 14's flows to OCSD for purposes of determining IRWD's funding obligations for the Revenue Area 14 share of OCSD's capital expenditures and operation and I � maintenance costs in accordance with the Revenue Area 14 Agreements;provided, however,that the Transfer Area flow shall be calculated as an average annual flow. The Transfer Area flow shall be calculated by using the annualized flows metered by OCSO at the Main Street Pump Station and Main Street Flume and totalized flows generated inside and outside the Transfer Area, established from periodic yl i measurements. The measurement of the flows to be subtracted and added shall be �y made in accordance with the following procedure not less than every five (5)years, IRWD shall retain the services of a reputable firm specializing in sewace flow LIMA I ; y r r The parties acknowledge that such inclusion of the Transfer Area flows in the Revenue Area '4 annual integration adjustment and CORF share calculations,with credit for the transfers of ownership equity,facilities and capaciy from Revenue Area 7 pursuant to r Secticn 2, shall satisfy IRWD's obligation to purchase additional OCSD treatment plant r and collection system capacity attributable to the—ransfer Area. 7. IRWD agrees to complete the design and construct the Armstrong r Subtrunk Sewer and the McGaw Subtrunk Sewer, identified on Exhibit V which is attached hereto and incorporated harein by reference. IRWD shall reimburse OCSD for the cost incurred to date for designing and constructing the Armstrong Subtrunk r Sewer and the McGaw Subtrunk Sewer. 8. Within sixty(60)days of the effective date of this Agreement, OCSD shall r transfer to Revenue Area 14 all connection and capital facilities capacity charges collected by OCSD within the 515 days immediately preceding the effective date that have not received a certificate of occupancy: Except as provided in the foregoing r sentence, no service or capital facilities capacity charges or other amounts previously r collected by OCSD shall be owed to IRWD with respect to the Transfer Area. OCSD shall not impose or collect, nor shall IRWD owe to OCSD,any sewer service charges or r capital facilities capacity charges applicable to properties within the Transfer Area after r the effective date of this Agreement 9. Any existing manhole covers bearing OCSD's or CSDOC's logos will be changed to IRWD's logos upon the need for frame and cover replacement, due to wear, or upon street resurfacing. r r r L 10. OCSD hereby agrees to indemnify,defend and hold harmless IRWD, and I ! its officers, agents, board members, and employees from any and all claims,damages, LI i liabilities,judgments, and causes of litigation, including but nct limited to reasonable attorney fees and court costs, if any,which(a)arose before the effective date hereof as w a result of the acts or omissions of OCSD,its officers, agents,board members or I employees, or its predecessor County Sanitation District No. 7 of Orange County or its Ll officers, agents, board members or employees, within or affecting the Transfer Area; or Gd (b)which arose before the effective date hereof or may hereafter arise and relate to the imposition of fees or charges by OCSD or County Sanitation District No.7 of Orange 1 ' u County on any user or parcel within the Transfer Area. 11. All notices shall be in writing and shall be considered given ether: (1) when delivered in person to the recipient named below; or(i)on the date of delivery or 1 refusal shown on the return receipt,after deposit in the United States mail in a sealed envelope as ether registered or certified mail with return receipt op reg' p requested, and postage and postal charges prepaid,and addressed to the recipient named below,(iii) on the i date o`delivery or refusal,when delivered by Federal Express or other commercial express delivery service providing acknowledgements of receipt;or(iv)on the date of delivery when delivered by facsimile or other electronic transmission proAding verification of delivery and receipt. Such notices or communications shall be given to the Parties at t hex addresses set forth below: To OCSD: Orange County Sanitation District Attemion: Board Secretary P.O. Box 8127 Fountain Valley,CA 92728-8127 Facsimile: (714)962-0356 nrx I r To IRWD: Irvine Ranch Water District Attention: General Manager r 15600 Sand Carryon Avenue P.O. Box 57000 Irvine,CA 92619 7000 r Facs'mile: (949)453-1228 Either Party may change its address for notices by written notice to the other Party r given in the manner provided in this section. ,r 12. The Recitals above are hereby incorporated into this section as though fully set forth herein and each party acknowledges_ and agrees that such Party is bound, r for purposes of this Agreement,by the same. 13. The effective date of this Agreement shall be July 1,2003. IN WITNESS WHEREOF,OCSD and IRWD have executed this Agreement as of the day and year first above written. >. ORANGE COUNTY SANITATION DISTRICT �s Dated: /z--) 0 / By "d 1 yf�Chai an Board of 1) ctory ' r Dated: / el 0 By SeoretaryF Board of Orrs, APPROVED AS TO FORM: � +;;•.,? .�':'.. THOMAS L.WOODRUFF 4 ; DISTRICT COUNSEL r By,.. 1 • IRVINE RANCH WATER DISTRIC , •/ Dated: _ By _ Pres ent I r Dated: -i_ By . cretary r r � WON. ;U r r U U APPROVED AS TO FORM: BOWIE, ARNESON,WILES&GIANNONE L LegalCouns BY- an C.Arneson u u U U U v U u J U U U U U 1 EXHIBIT "A" ,r SANITARY SEWERS TO BE RETAINED BY 1, ORANGE COUNTY SANITATION DISTRICT (OCSO) r }..a ll°" FORME. MCAS TUS 'i TWIN s BISINCss r § q COMPLEX vw avu At 6f PS • VINE BUSINESS COMPLEX MCCNIPRRPS a r AtiCA!BMrPS N R r LEGEND r —^- TRA+SPED:JIFABOVNOMY K OCEB TRUNK SEWERS TO BE RE MINED BY OCM IN TRrWSPER AREA r OCSO Engineeang G"grephic Infamdoll Sysixms rani,: aog - ....,...„�... ..: �, . r EXHIBIT"B" LIST OF SANITARY SEWERS TO BE TRANSFERRED TO r IRVINE RANCH WATER DISTRICT AND LIST OF SEWERS TO BE RETAINED BY ORANGE COUNTY SANITATION DISTRICT Please refer to Attachment 1 to Exhibit B for sewer atlas details y Name of Street Containing Sewer IBC Sewer Atlas Sheet U 1. Jamboree Road (Stanford Research) - 101 NW (Note:The portion of the 10"sewer shown in blue that is in and east of Jamboree Road, initially called the Stanford Research Institute Off-site L sewer, will be transferred to IRWD.The remaining 12"portion west and north of Jamboree receives flow from the City of Newport Beach,outside of the IBC, and will be retained by OCSO.This flows into the MacArthur Ir Pump Station, also to be retained by OCSD). 2. Campus Drive and Jamboree 101NE ., (Note: all sewers shown in red&in blue will be transferred to IRWD). 3. Near Fairchild Road(Stanford Research) 1015E rJ (Note: the 10"sewer shown in blue,initially called the Stanford Research Institute Off-site Sewer,will be transferred to IRWD). 4. Near Jamboree (Stanford Research) 101SW, L (Note:the 10"sewer shown in blue, initially called the Stanford Research Institute off-site Sewer, will be transferred to IRWD.This is the identical 10" sewer that is reproduced in portionsof grids 101 NW, 101SE and 101SW.). S. Carlson Ave.,Campus Dr,"A"St. ;-&"C" St. 102NW (Note:all sewers shown.in red &in blue will be trarsferred to iRW D). 6. MacArthur Blvd.&Douglas St. 105NW (Note:all sewers shown in red&in blue will be transferred to IRWD). 38. MacArthur, Michelson, Von Karmen, Dupont, 105NE Business Center Dr. &San Diego Fwy(Note: the 21"sewer shown in red in Michelson Drive, east of Von Karmen, terminating at the OCSO manhole labeled as MAA071,will be transferred to IRWD. The entire 30" &42" sewer shown in red in Von Karmen Dr. will be retained by OCSO. The 18" sewer shown in red in Business Center Dr. & parallel to the San Diego Fwy , will be transferred to IRWD.All other sewers shown in blue will be transferred to IRWD). i i r r 38. Martin, Dupont,Von Kerman, Campus, 105SE Bardeen,Teller,Jamboree,"A" & "D" St. (Note: the 15" sewer shown in red in Campus Dr. west of Von Kerman, terminating at the manhole r labeled as MAA095, and the entire 3(r sewer shown in red in Von Kerman will be retained by OCSD.All other sewers,whether shown in red or blue: including the 21"sewer shown in red in Campus east of Von Karmen, r terminating in the manhole labeled as MAA093 will be transferred to IRWD). ,r 9. MacArthur, Campus & Martin 105SW (Note:the 8" sewer shown in red on MacArthur north of Campus, termina:ing at the nanhole labeled as MAA104,and the 8" sewer shown r in blue in Martin will be transferred to IRWD. The 12"& 15' sewer shown in red along Campus and the two sewers shown in red and blue south of Campus with no street names will be retained by OCSD). 10. Von Kerman,Morse,McCabe, White, Teller, 106NW Michelson, &Jamboree (Note: the 42"sewer shown in red in Von Kerman will be retained by OCSD. All other sewers,whether shown in red or blue,including the 21"sewer shown in red in Michelson and the 18" sewer shown in red parallel tc San Diego Freeway,terminating at the manhole labeled as MAA066,will be transferred to IRWD). r 11. White,McCabe,Jamboree, Main St.& Union tOSNE (Note:All sewers, whether shown in red or blue, except everything r downstream of the 60"starting at the manhole labeled as MAA043 and flume metering equipment,will be transferred to IRWD). r 12. Michelson Drive - 106SE (Note: all sewers whether shown in red or blue on this portion of Michelson Dr., including the Michelson Pump Station,& its incoming& outgoing lines will be transfer..ad to IRWD) .. 13. Teller,Jamboree,Michelson,' St,'-' �106SW Carlson and surroundings (Note: all sewers,whether shown in red or in blue, including the sewer on A Street,will be transferred to IRWD) 14. Newport Fwy,Cowan, McDurmott W&E, Fitch, 109NW '+ Redhil, Mitchell,& Main St (Note: the 24'&27"sewer shown in red in Main St.,terminating at the manhole labelled as JAA002, and all other sewers shown in blue will be transferred to IRWD.The 30"sewer shown in red in Main St.discharging from the Main St. Pump Station and terminating at the manhole labeled as JAA002 will be retained by OCSD. The 6�" sewer shown in red in Redhill Ave., terminating at the manhole labeled as JA.A002 will be retained by CCSD. r r r Lj The two sections of 66"sewers shown in red in Main St., one commencing Li at the manhole labeled as JAA002 and the other terminating at the Main Street Pump Station will be retained by OCSD. The Main St. Pump Station and thedual 42"force mains commencing at the Main St. P: S.will be retained by OCSD). 15. Mitchell, Fitch,Cowan, Redhill, Reynolds, 109NE Gillette, MacArthur,Skypark,and Armstrong (Nate: all sewers shown in blue will be transferred to IfiWD.All sewers shown in red in Redhill anc the 27" and 30"sewer shown diagonally in red will be retained by OCSD). J 16. Main St, Executive Park, MacArthur, Gillette, 109SE Koll Center&Business Center (Note: the 18"&21" sewer shown in I LW red in Main St.,terminating at the manhole labeled as MAA019, and all other sewers shown in blue will be transferred to IRWD.The eitire 66" sewer shown in red in Main St. will be retained by OCSD). 17. Main St and Redhill Ave. - 109SW (Note:the 21"sewer shown in red in Main St., tem inaling at the manhole labeled as MAA019; as well as the 24"sawer shown in red in Main St., commencing at the manhole labeled as MAA714,will be transferred to IRWD.The 3(r sewer shown in red crossing Main St.diagonally, including the manholes labeled as MAB001 and MAB002; as well as the 66" sewer shown in red in Main St.,which includes the manhole labeled as MAA019, and the dual 42" DIP force mains shown in red will be retained by OCSD). f 18. Gillette;Amtstrong:,Oi folds, Kaiser, 110NW. - McGaw Langley,&Von Kerman jNote:All sewers,whether shown in red or blue;including the McCaw Pump Station and its force main, will be transferred to IRWD..OCSD has designed Contract No.7-35 that will be built by IRWD after the new proposed Armstrong Subtrunk Sewer in j Armstrong Ave.;is finished This Contract No. 7-35 will include a new gravity sewer in McCaw Ave.to connect to the Armstrong Subtrunk and will allow the McCaw Pump Station to to abandoned in the future). 1:. Dewar, Von Karmen,Alton& McGaw 110NE I (Note:all sewers,whether in red or blue, will be transferred to IRWD. 20. Cartwright, Davinci,Main St, Darien, Kelvin, 110SE McCaw,Jamboree, &Murphy (Note:All sewers, whether shown in red or blue, includinc the 15"shown in red in Jamboree,the 18"&21" shown in red in McGaw,and the 18", will be transferred to IRWD). (The 60" sewer shown in red in Main St. will be retained by OCSD) _ yi y 21. Gillette, Main St., Koll Center, Von Kerman 110SW Morse, Cartwright, &While iNole: the 66"sewer shown in red in Main St., west of Von Kerman, commencing at the manhole labeled as �+ MAA02E, as well as the 36"&48" sewer shown in red in Von Karmen, south of Main St, terminating at the manhole labeled as MAA025, will be retained by OCSD. All the other sewers,whether shown in red or blue, r including the 10"sewer shown in red in Von Karmar, north of Main St., terminating at the manhole labeled as MAA026,and the entire 18"& 21" sewer shown in rec in Main St.on the south side of the street,will be r transferred to IRWD.The 60"sewer shown in red in Main St., mostly east of Von Karmen,terminating at the manhole labeled as MAA025,will be retained by OCSD). r 22. Hale, Mlllfken,Dubridge,Alton, Richter,Noyes, 111NW Jamboree, Barrenca, Beckman, Corporate Park,&Murphy (Note:all sewers in red and in blue will be transferred to IRWD). 23. Corporate Park, Barranca, &Construction Circle 111 NE r (Note: all sewers in red and in blue will be transferred to IRWD). 24. Jamboree, McGaw, Murphy,& Alton 111SW (Note: all sewers in red and in blue will be transferred to IRWD). r 25. Pullman, Duryea& Alton 113NE .. (Note: all sewers shown in blue will be transferred to IRWD). r 26. Pullman, Daimler,MacArthur,Cowan, . .. .113SE Fitch,McGaw, Eastman, Reynolds, &Redhill. _(Note: the 54"&63" as r! well as the 27'sewers shown in red in Redhill Ave. will be retained by OCSD. All o8ter sewers shown in blue will be transferred to IRWD). .� 27. Cowan 113SW (Note:all sewers shown in blue will be transferred to IRWD). r 26. Redhill Ave. 114NW (Note:24"and 42"sewers in Redhill in red will be retained by OCSD). ,r 29. Redhill, Barrance & Aston 114NE (Note: the 24"and 42"sewers shown it red in Redhill will be retained by OCSD.The 8'sewer shown in blue in Aston St.will be transferred to r IRWD). 30. Aston, Deere, Armstrong,Alton, &Von Kerman 114SE (Note: all sewers whether shown in red or in blue will be transferred to r IRWD). r r r 31. Redhili, Gillette, Kaiser, McGaw, Langley 114SW 1 Kettering, Alton, Aston, Browning, Stanley& Armstrong (Note: the 24"&27"as well as the 42"&SW'sewers shown in red in Redhill will be retained by OCSD. All other sewers shown in red and in blue wi I be- transferred to IRWD). 32. Construction Circle,Jamboree& Warner Avenue 115SE (Note: all sewers shown in blue will be transferred to IRWD). 33. Von Kansan &Hale Avenue 115SW (Note: aii sewers shown in blue will be transferred to IRWD). 34. Warner Avenue&Jamboree 116SW (Note: all sewers shown in blue will be transferred to IRWD). Name of Street Containing Sewer Tustin Sewer Atlas Sheet i 35. Chambers, Franklin, Michelle & Myford 12ONE (Note: all sewers shown in green will be transferred to IRWD). 36. Franklin & Dow 120SW (Note: all sewers on Franklin and Dow Avenue will be transferred to IRWD). 37. Franklin, Walnut, Myford, Dow, Bentley&Sinclair 120SE j (Note: all sewers in green and red will be transferred to IRWD). - 36. Myford& Dow 116NE. :, (Note: the red and green sewers on Dow will be transferred to IRWD). 39. Michelle & Myford 121NW (Note: all sewers in green and red will be transferred to IRWI ). l G:1Daamenu aW SolGngcUm ..I SelfingMTe p.,Inw.,RI OUQOVRWJ EAbit e_,0 = I : ji 1 I r i +i r ` r i r r Attachment 1 t® Exhibit B Transfer Area Sewer Atlas r r r r r r - r tAhlbi i ­u i ARMSTRONG SUBTRUNK SEWER (CONT. 7.2"") MAIN ST. TO BARRANCA PARKWAY AND �Jl MCGAW SUBTRUNK (CONT. 7-35) ARMSTRONG AVE. TO VOM KARMAN AVE. AND MCGAW PUMP STATION ABANDONMENT ,V+ IAYJ 6 BIISIfdESS CAMP LEGEND TRMSFER)P.�.B0UlJDAP-lSC - - - - - - - TRANS;ER MFA 80WjDAP.Y T USY V1 M0110H&TRUNY.SEWERS YO OCSD Engineering G' Tzphic r EXHIBIT"A" I SANITARY SEWERS TO BE RETAINED BY ORANGE COUNTY SANITATION DISTRICT (OCSD) r s {6, Iair Ps ,� a ' a IRV114E Bl3SINESSCQMPP x r w„-. oY1nRn.ax LEGEND TRANSFER MEABOUNOAP.Y-i6{ Y " — � — — — � � IRfJ!$iER AREABUUHDIRY-MCAS lU5T5N OCSDTRUNVSMP.STOSERETAINEDeYuiS10 SIC r OCSG Engineering Geographic InUimation.i�rs?ems r L EXHIBIT "B" V LIST OF SANITARY SEWERS TO BE TRANSFERRED TO IRVINE RANCH WATER DISTRICT AND LIST OF SEWERS TO BE RETAINED BY ORANGE COUNTY SANITATION DISTRICT Name of Street Containing Sewer IBC Sewer Atlas Sheet Lr 1. Jamboree Road (Stanford Research) 101NW 1 (Note: The portion of the 10" sewer shown in blue that is in and east of `� Jamboree Road, initially called the Stanford Research Institute Off-site I-� sewer, will be transferred to IRWD.The remaining 12" portion west and W north of Jamboree receives Flow from the City of Newport Beach, outside of the IBC, and will be retained by OCSD. This flows into the MacArthur Pump Station, also to be retained by OCSD). L 2. Campus Drive and Jamboree 101NE - (Note: all sewers shown In red &in blue will be transferred to IRWD). 3. Near Fairchild Road (Stanford Research) 101SE - (Note: the 10"sewer shown in blue, initially called the Stanford Research L Institute Off-site Sewer, will be transferred to IRWD). 4. Near Jamboree (Stanford Research) 101SW L (Note: the 10"sewer shown in blue, initially called the Stanford Research Institute off-site Sewer, will be transferred to IRWD. This is the identical 10"sewer that is reproduced in portions of grids 101 NW, 101SE and V 101 SW.). 5. Carlson Ave., Campus Dr.,"A" St. , &"C" St 102NW Lei (Note: all sewers shown in red & in blue will be transferred to IRWD). 6. MacArthur Blvd. & Douglas St. 105NW u (Note: all sewers shown in red & in blue Will be transferred to IRWD). 38. MacArthur, Michelson, Von Karman, Dupont, 105NE 60 Business Center Dr. & San Diego Fwy (Note: the 21"sewer shown in red in Michelson Drive, east of Von Karmen, terminating at the OCSO i manhole labeled as MAA071, will be transferred to IRWD.The entire 30" u &42" sewer shown in red in Von Karmen Dr. will be retained by OCSD. The 18" sewer shown in red in Business Center Dr. & parallel to the San Diego Fwy ,, will be transferred to IRWD. All othe-sewers shown in blue will be transferred to IRWD). u L V r 3& Martin, Dupont, Von Karmen, Campus, 105SE Bardeen,Teller,Jamboree, "A" & "D"St. (Note:the 15"sewer shown in red in Campus Dr. west of Von Karman,terminating at the manhole labeled as MAA093, and the entire 30"sewer shown in red ir:Von Kerman Will be retained by OCSD. All other sewers,whether shown in red or blue, including the 21'sewer shown in red in Campus east of Von Kerman, terminating in the manhole labeled as MAA093 will be transferred to IRWD). r 9. MacArthur, Campus & Martin 105SW (Note:the 8"sewer shown in red on MacArthur north of Campus, terminating at the manhole labeled as MAA104, and the 8"sewer shown r in blue in Martin will be transferred to IRWD. The 12" & 15"sewer shown in red along Campus and the two sewers shown in red and blue south of Campus with no street names will be retained by OCSD). r 10. Von Kerman, Morse, McCabe,White,Teller, 106NW Michelson, &Jamboree (Note: the 42"sewer shown in red in Von r Karman will be retained by OCSD. All other sewers, whether shown in red or blue, including the 21"sewer shown in red in Michelson and the 18" sewer shown in red parallel to San Diego Freeway, terminating at the ,r manhole labeled as MAA066,will be transferred to IRWD). 11. White, McCabe,Jamboree, Main St &Union 106NE .. (Note:All sewers,whether shown in red or blue, except everything downstream of the 60"starting at the manhole labeled as MAA043 and flume metering equipment,will be transferred to IRWD). r 12. Michelson Drive 106SE (Note: all sewers whether shown in red or blue on this portion of w Michelson Dr., including the Michelson Pump Station, & its incoming& outgoing lines will be transferred to IRWD) �+ 13. Teller,Jamboree, Michelson, "A" St, 106SW Carlson and surroundings(Note: all sewers,whether shown in red or in blue, including the sewer on A Street, will be transferred to IRWD) r 14. Newport Fwy, Cowan, McDurmott W&E, Fitch, 109NW Redhill, Mitchell,&Main St (Note:the 24"&27'sewer shown in red in Main St.,terminatng at the manhole labelled as JAA002, and all other sewers shown in blue will be transferred to IRWD.The 30'sewer shown in red in Main St.discharging from the Main St. Pump Station and terminating at the manhole labeled as JAA002 will be retained by OCSD. The 63'sewer shown in red in Redhill Ave.,terminating at the manhole labeled as JAA002 will be retained by OCSD. r r r V The two sections of 66"sewers shown in red in Main St., one commencing at the manhole labeled as JAA002 and the other terminating at the Main Street Pump Station will be retained by OCSD.The Main St.Pump Station and the dual 42'force mains commencing at the Main St. P.S.will be retained by OCSD). 15. Mitchell, Fitch,Cowan, Redhill, Reynolds, 109NE I Gillette, MacArthur, Skypark, and Armstrong (Note: all sewers shown in blue wIl be transferred to IRWD.All sewers shown in red in Redhill and the 27'and 30" sewer shown diagonally in red will be retained by OCSD). 16. Main St, Executive Park, MacArthur, Gillette, 109SE - Koll Center&Business Center (Note:the 18'&21'sewer shown in 1 61 red in Main St., terminating at the manhole labeled as MAA044, and all other sewers shown in blue will be transferred to IRWD.The entire 66" sewer shown in red in Main St., and the entire 18"sewer shown in red in Business Center Dr. & parallel to the San Diego Freeway will be retained by OCSD). — 17. Main St.and Redhill Ave. 109SW (Note: the 21'sewer shown in red in Main St.,terminating at the manhole labeled as MAA019; as well as the 24'sewer shown in red in Main St, commercing at the manhole labeled as MAA114,will be transferred to IRWD. The 30'sewer shown in red crossing Main St.diagonally, including the manholes labeled as MA8001 and MAB002; as well as the 66"sewer shown in red in Main St.,which includes the manhole labeled as MAA019, and the dual 42" DIP force mains shown in red will be retained by OCSD). 18. Gillette, Armstrong, Reynolds, Kaiser, 110NW McGaw, Langley,&Von Kerman (Note:All sewers, whether shown in red or blue, including the McGaw Pump Station and its force main,will be transfered to IRWD. OCSD has designed Contract No.7-35 that will be built by IRWD after the new proposed Armstrong Subtrunk Sewer in Armstrong Ave. is finished.This Contract No.7-35 will include a new y gravity sewer in McGaw Ave.to connect to the Armstrong Subtrunk and will allow the McGaw Pump Station to be abandoned in the future). U 19. Dewar,Von Karmen,Alton & McGaw 110NE 1 (Note: all sewers,whether in red or blue,will be transferred to IRWD). 20. Cartwright,Davinct, Main St, Derian, Kelvin, 110SE McGaw, Jamboree, & Murphy (Note:All sewers, whether shown in red or blue including the 15' shown in red in Jamboree,the 18'& 21'shown in red in McGaw,and the 18',will be transferred to IRWD). (rhe 60'sewer shown in red in Main St. will be retained by OCSD) y 31. Redhill, Gillette, Kaiser, McGaw, Langley 114SW r Kettering,Alton,Aston, Browning, Stanley& Armstrong (Note: the 24" &27"as well as the 42"& 54" sewers shown in red in Redhill will be retained by OCSD. All other sewers shown in red and In blue will be transferred to IRWD). 32. Construction Circle, Jamboree &Warner Avenue 115SE (Note: all sewers shown in blue will be transferred to IRWD). 33. Von Karman &Hale Avenue 115SW (Note: all sewers shown In blue will be transferred to IRWD). r 34. Warner Avenue &Jamboree 116SW (Note: all sewers shown in blue will be transferred to IRWD). r Name of Street Containing Sewer Tustin Sewer Atlas Sheet 35. Chambers, Franklin, Michelle & Myford 120NE (Note: all sewers shown In green will be transferred to IRWD). 36. Franklin&Dow 120SW (Note: all sewers on Franklin and Dow Avenue wil''. be transferred to IRWD). r 37. Franklin,Walnut, Myford, Dow, Bentley& Sinclair 120SE (Note: all sewers in green and red will be transferred to IRWD). r 38. Myford & Dow 116NE (Note: the red and green sewers on Dow will be transferred to IRWD). J°( my.F'arr�9.a lrl.ChccGeU�L, 7,2/ Alw I:VRWD ExN1bitB UM r r r r r l 21. Gillette, Main St., Voli Center, Von Kansan 110SW Morse, Cartwright,&White (Note: the 66"sewer shown in red in Main St.,west of Von Karmen, commencing at the manhole labeled as MAA025, as well as the 36'&48"sewer shown in red in Von Kerman, south of Main St,terminating at the manhole labeled as MAA025, will be retained by OCSD.All the other sewers,whether shown in and or blue, including the 10'sewer shown in red in Von Karmen, north of Main St., terminating at the manhole labeled as MAA026, and the entire 18" &21' sewer shown in red in Main St. on the south side of the street,will be transferred to IRWD.The 60"sewer shown in red in Main St, mostly east of Von Karmen,terminating at the manhole labeled as MAA025, will be retained by OCSD). 22. Hale,Milliken,Dubridge,Alton, Richter, Noyes, 111NW Jamboree, Barranca, Beckman, Corporate Park,&Murphy (Note: all sewers in red and in blue will be transferred to IRWD). 23. Corporate Park, Barranca, & Construction Circle 111NE i (Note: all sewers in red and in blue will be transferred to IRWD). 24- Jamboree, McGaw, Murphy, &Alton 111SW (Note: all sewers in red and in blue will be transferred to IRWD). 25. Pullman, Duryea &Alton 113NE (Note: all sewers shown in blue will be transferred to IRWD). 26. Pullman, Daimler, MacArthur, Cowan, 113SE Fitch, McGaw, Eastman, Reynolds,& Redhill. (Note:the 54' &63'as well as the 27'sewers shown in red in Redhill Ave.will be retained by OCSD.All other sewers shown in blue will be transferred to IRWD). ' 27. Cowan 113SW (Note:all sewers shown in blue will be transferred to IRWDI. 28. Redhill Ave. 114NW (Note: 24'and 42"sewers in Redhill in red will be retained by OCSD). 29. Redhill, Barranca &Aston 114NE J (Note: the 24"and 42"sewers shown in red in Redhill will be retained by OCSD.The 8"sewer shown in blue in Aston St. will be transferred to IRWD). 30. Aston, Deere, Armstrong,Alton, &Von Karmen 114SE (Note: all sewers whether shown in red or in blue will be transferred to IRWD). `1 r r measurement to measure the flow at appropriate points of subtraction and addition r within the Transfer Area. The current Iccations of low subtraction and addition within the Transfer Area are: r (a) Marhole station 107+12.00 on the 42 inch diameter line in Red Hill Avenue at the intersection of Banana Parkway. This meter will monitor r flows entering the Transfer Area from the Northeast; (b) Manhole station 107+12.30 on the 24 inch diameter line in Red Hill Avenue at the intersection of Bamanca Parkway. This meter will monitor flows entering the Transfer Area from the Northeast; r (c) Manhole station 101+21.00 on the 24 inch diameter line in Red Hill Avenue Northeast of Deer Avenue. This meter will monitor flows entering the Transfer Area via an eight inch lateral from the Northwest; (d) Manhole station 94+60.00 on the 24 inch diameter line in Red Hill Avenue at the intersection of Deer Avenue. This meter will monitor flows entering the Transfer Area via an eight inch lateral from the Northwest; (e) Manhole station 81+44.00 on the 24 inch diameter line in Red Hill Avenue ... at the intersection of Afton Avenue. This meter will monitor flows entering d the Transfer Area via a ten inch lateral from the Northwest; (f) Manhole station 230+35.83 on the 66 inch diameter line in Main Street at .. the intersection of McDurmott West. This meter will monitor flows leaving the Transfer Area; ,r (g) Manhole station 18+68.87 on the 30 inch diameter line Southeast of the intersection of Main Street and Sky Park South. This meter will monitor flows leaving the Transfer Area to the Southwest; r (h) Manhole station 15+93.50 on the 12 inch at the intersectioi of Macar;hur Boulevard and Campus Drive. This meter will monitor flows entering the Tra.isfer Area from the South; (i) Manhole station 0+00.00 on the 30 inch at the intersection of Von Kafman Avenue and Campus Drive. This meter will monitor flows entering the r Transfer Area from the Southeast; (j) Manhole staticn 6+99.93 on the 12 inch diameter line lora.ed on the r Southwest side of Jamboree Road just North of Macarthur Boulevard. This meter will monitor flows leaving the Transfer Area. r f)1M8; i r r ITEM C Local Sewer Service Study Summary of FY 2005/06 Revenue/Expenses for the Unincorporated Areas of Revenue Area 7 and Part of the City of Tustin Local Sewer Service Study Summary of FY 2005106 Revenue/Expenses for the Unincorporated Areas in Revenue Area 7 and Part of the City of Tustin .. Total number of parcels in study 17,469 Local Sewer Levy Amount (FY 2005/06) $413,750.31 Less .003% Teeter Fee 1,241.25 Less 40% State Bail out loan -165,500.13 Net Revenue $247,008.93 05/06 Contractual Expenses $813,797.30 05/06 Salary and Overhead $401,909.97 FY 2006106 Expenses' $1,215,707.27' Net Revenue $247,008.93 Less FY 2005/05 Expenses $1,215,707.27 Shortfall'* <$968,698.34> "Shortfall (Subsidized by Regional Revenue) 'This figure does not include projections for reserves for repair, replacement, rehabilitation expenses. Note: 05/06 expenses were low due to problems with contractor. w ITEM D GHD's Graph of Projected Rehab/Renewal Expenses Estimated Expense for Rehabilitation and Replacement of Local Sewers in Revenue Area 7 700000 —_ IUI_ 500000 000000 6 �5709 Total R&R 57t0 Tatal R&R 8 5712 Total R&R � 300000 I00000 — — 0p Yaar ITEM E Summary of Projected Repair and Replacement Expenses r r r Summary of Projected Repair and Replacement Expenses r Code Location Estimated Repair and Replacement Costs 2007-2107 r 5709 Unincorporated Areas $17,101,180.00 5710 City of Tustin (OCSD's portion) $ 9,737,622.00 5712 El Modena Islands $ 705,126.00 L Total Costs $27,543,928.00 r r r r r r r r r r ITEM F SWRCB Order No. 2006-0003-DWQ Statewide General Waste Discharge Requirements for Sanitary Sewers STATE WATER RESOURCES CONTROL BOARD ., ORDER NO. 2006-0003-DWQ STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board, hereinafter referred to as "State Water Board", finds that: 1. All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California are required to comply with the terms of this Order. Such entities are hereinafter referred to as "Enrollees". ` 2. Sanitary sewer overflows (SSOs) are overflows from sanitary sewer systems of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing, or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. 3. Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state. There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO. A proactive approach that requires Enrollees to ensure a system-wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs. 4. Major causes of SSOs include: grease blockages, root blockages, sewer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow(nfiltration, debris blockages, sanitary sewer system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor- caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system. v State Water Resources Control Board Order No. 2006-0003-DWQ Page 2 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 r SEWER SYSTEM MANAGEMENT PLANS 5. To facilitate proper funding and management of sanitary sewer systems, each Enrollee must develop and implement a system-specific Sewer System _ Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of W sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions. 6. Many local public agencies in California have already developed SSMPs and implemented measures to reduce SSOs. These entities can build upon their existing efforts to establish a comprehensive SSMP consistent with this Order. Others, however, still require technical assistance and, in some cases, funding to improve sanitary sewer system operation and maintenance in order to reduce SSOs. 6w 7. SSMP certification by technically qualified and experienced persons can provide a useful and cost-effective means for ensuring that SSMPs are developed and implemented appropriately. 8. It is the State Water Board's intent to gather additional information on the causes and sources of SSOs to augment existing information and to determine the full extent of SSOs and consequent public health and/or environmental impacts occurring in the State. 9. Both uniform SSO reporting and a centralized statewide electronic database are - needed to collect information to allow the State Water Board and Regional Water I ' Quality Control Boards (Regional Water Boards) to effectively analyze the extent of SSOs statewide and their potential impacts on beneficial uses and public health. The monitoring and reporting program required by this Order and the L attached Monitoring and Reporting Program No. 2006-0003-DWQ, are necessary to assure compliance with these waste discharge requirements (WDRs). — 10.Information regarding SSOs must be provided to Regional Water Boards and L. other regulatory agencies in a timely manner and be made available to the public in a complete, concise, and timely fashion. u 11.Some Regional Water Boards have issued WDRs or WDRs that serve as + �� National Pollution Discharge Elimination System (NPDES) permits to sanitary L sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more u State Water Resources Control Board Order No. 2006-0003-D WQ Page 3 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 �I prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional r Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency r in reporting. REGULATORY CONSIDERATIONS r 12. California Water Code section 13263 provides that the State Water Board may prescribe general WDRs for a category of discharges if the State Water Board finds or determines that: • The discharges are produced by the same or similar operations; The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general discharge ,. requirements than individual discharge requirements. This Order establishes requirements for a class of operations, facilities, and ,�. discharges that are similar throughout the state. 13.The issuance of general WDRs to the Enrollees will: a) Reduce the administrative burden of issuing individual WDRs to each Enrollee; b) Provide for a unified statewide approach for the reporting and database r tracking of SSOs; c) Establish consistent and uniform requirements for SSMP development and implementation; w d) Provide statewide consistency in reporting; and e) Facilitate consistent enforcement for violations. 14.The beneficial uses of surface waters that can be impaired by SSOs include, but r are not limited to, aquatic life, drinking water supply, body contact and non- contact recreation, and aesthetics. The beneficial uses of ground water that can v be impaired include, but are not limited to, drinking water and agricultural supply. Surface and ground waters throughout the state support these uses to varying degrees. °Y 15.The implementation of requirements set forth in this Order will ensure the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water ' quality control plans (Basin Plans)for each region and take into account the environmental characteristics of hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect r I V State Water Resources Control Board Order No. 2006-0003-D WQ Page 4 of 20 Statewide General WDR For Wastewater Collection Agencies 5/ZV6 i L.i water quality in the area, costs associated with compliance with these requirements, the need for developing housing within California, and the need to i develop and use recycled water. .i 16.The Federal Clean Water Act largely prohibits any discharge of pollutants from a I point source to waters of the United States except as authorized under an L NPDES permit. In general, any point source discharge of sewage effluent to waters of the United States must comply with technology-based, secondary treatment standards, at a minimum, and any more stringent requirements necessary to meet applicable water quality standards and other requirements. Hence, the unpermitted discharge of wastewater from a sanitary sewer system to waters of the United States is illegal under the Clean Water Act. In addition, many Basin Plans adopted by the Regional Water Boards contain discharge prohibitions that apply to the discharge of untreated or partially treated wastewater. Finally, the California Water Code generally prohibits the discharge of waste to land prior to the filing of any required report of waste discharge and the subsequent issuance of either WDRs or a waiver of WDRs. v 17.California Water Code section 13263 requires a water board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. 18.California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. 19.This Order is consistent with State Water Board Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of - water, and will not result in water quality less than prescribed in State Water Board or Regional Water Board plans and policies. 20.The action to adopt this General Order is exempt from the California L Environmental Quality Act (Public Resources Code §21000 at seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., tit. 14. §15308). In addition, the action to adopt L u r State Water Resources Control Board Order No. 2006-0003-DWQ Page 5 of 20 Statewide General MR For Wastewater Collection Agencies 512106 this Order is exempt from CEQA pursuant to Cal.Code Regs., title 14, §15301 to the extent that it applies to existing sanitary sewer collection systems that r constitute "existing facilities" as that term is used in Section 15301, and §15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity. r 21.The Fact Sheet, which is incorporated by reference in the Order, contains supplemental information that was also considered in establishing these requirements. 22.The State Water Board has notified all affected public agencies and all known y interested persons of the intent to prescribe general WDRs that require Enrollees to develop SSMPs and to report all SSOs. r 23.The State Water Board conducted a public hearing on February 8, 2006, to receive oral and written comments on the draft order. The State Water Board received and considered, at its May 2, 2006, meeting, additional public r comments on substantial changes made to the proposed general WDRs following the February 8, 2006, public hearing. The State Water Board has considered all comments pertaining to the proposed general WDRs. r IT IS HEREBY ORDERED, that pursuant to California Water Code section 13263, the Enrollees, their agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted hereunder, shall comply with the following: _ A. DEFINITIONS 1. Sanitary sewer overflow(SSO) -Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer '^ system. SSOs include: (1) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii)Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. 2. Sanitary sewer system —Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. r Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary �+ storage facilities are not considered to be SSOs. r r u State Water Resources Control Board Order No. 2006-0003-DWQ Page 6 of 20 Statewide General WDR For Wastewater Collection Agencies &W6 6d For purposes of this Order, sanitary sewer systems include only those systems owned by public agencies that are comprised of more than one mile of pipes or r sewer lines. 3. Enrollee-A federal or state agency, municipality, county, district, and other public entity that owns or operates a sanitary sewer system, as defined in the u general WDRs, and that has submitted a complete and approved application for _ coverage under this Order. L 4. SSO Reporting System — Online spill reporting system that is hosted, controlled, and maintained by the State Water Board. The web address for this site is http://ciwgs.waterboards.ca.gov. This online database is maintained on a L' secure site and is controlled by unique usemames and passwords. I 5. Untreated or partially treated wastewater—Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant _ headworks. Lr 6. Satellite collection system —The portion, if any, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. 7. Nuisance- California Water Code section 13050, subdivision (m), defines FJ nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an L obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. L B. APPLICATION REQUIREMENTS 1. Deadlines for Application—All public agencies that currently own or operate ` sanitary sewer systems within the State of California must apply for coverage under the general WDRs within six (6) months of the date of adoption of the general WDRs. Additionally, public agencies that acquire or assume .v responsibility for operating sanitary sewer systems after the date of adoption of this Order must apply for coverage under the general WDRs at least three (3) - months prior to operation of those facilities. j_, 2. Applications under the general WDRs— In order to apply for coverage pursuant to the general WDRs, a legally authorized representative for each agency must y submit a complete application package. Within sixty (60) days of adoption of the general WDRs, State Water Board staff will send specific instructions on how to u u State Water Resources Control Board Order No. 2006-0003-DWQ Page 7 of 20 Statewide General WDR For Wastewater Collection Agencies 5W6 apply for coverage under the general WDRs to all known public agencies that own sanitary sewer systems. Agencies that do not receive notice may obtain applications and instructions online on the Water Board's website. r 3. Coverage under the general WDRs— Permit coverage will be in effect once a complete application package has been submitted and approved by the State �+ Water Board's Division of Water Quality. C. PROHIBITIONS r 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater that creates a nuisance as defined in California Water Code Section 13050(m) is prohibited. D. PROVISIONS r 1. The Enrollee must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the California Water Code and is ,y grounds for enforcement action. 2. It is the intent of the State Water Board that sanitary sewer systems be regulated ,r in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent r WDRs or enforcement order issued by a Regional Water Board. 3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate the impacts of an SSO. 4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into r r u State Water Resources Control Board Order No. 2006-0003-DWQ Page 8 of 20 Statewide General WDR For Wastewater Collection Agencies &W6 j , flood control channels or waters of the United States by blocking the storm I." drainage system and by removing the wastewater from the storm drains. 5. All SSOs must be reported in accordance with Section G of the general WDRs. 6. In any enforcement action, the State and/or Regional Water Boards will consider IJ the appropriate factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and/or Regional - Water Boards must consider the Enrollee's efforts to contain, control, and mitigate SSOs when considering the California Water Code Section 13327 L' factors. In assessing these factors, the State and/or Regional Water Boards will _ also consider whether: V (i) The Enrollee has complied with the requirements of this Order, including requirements for reporting and developing and implementing a SSMP; w (ii) The Enrollee can identify the cause or likely cause of the discharge event; _ (iii)There were no feasible alternatives to the discharge, such as temporary V storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the v capacity of the system as necessary to contain the design storm event _ identified in the SSMP. It is inappropriate to consider the lack of feasible alternatives, if the Enrollee does not implement a periodic or continuing v process to identify and correct problems. (iv)The discharge was exceptional, unintentional, temporary, and caused by L factors beyond the reasonable control of the Enrollee; (v) The discharge could have been prevented by the exercise of reasonable control described in a certified SSMP for: • Proper management, operation and maintenance; • Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent SSOs (e.g., adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow tr (1/1), etc.); • Preventive maintenance (including cleaning and fats, oils, and grease (FOG) control); L • Installation of adequate backup equipment; and • Inflow and infiltration prevention and control to the extent practicable. (vi)The sanitary sewer system design capacity is appropriate to reasonably prevent SSOs. W L L State Water Resources Control Board Order No. 2006-0003-DWQ Page 9 of 20 Statewide General WDR For Wastewater Collection Agencies &W6 (vii) The Enrollee took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps and necessary remedial actions to 1) control or limit the volume of untreated or partially treated wastewater discharged, 2) terminate the discharge, and 3) s recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. .y The Enrollee shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: .r (i) Interception and rerouting of untreated or partially treated wastewater flows around the wastewater line failure; (ii) Vacuum truck recovery of sanitary sewer overflows and wash down water; (iii) Cleanup of debris at the overflow site; r.i (iv) System modifications to prevent another SSO at the same location; (v) Adequate sampling to determine the nature and impact of the release; and r (vi) Adequate public notification to protect the public from exposure to the SSO. 8. The Enrollee shall properly, manage, operate, and maintain all parts of the sanitary sewer system owned or operated by the Enrollee, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. 9. The Enrollee shall allocate adequate resources for the operation, maintenance, ,^ and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices. 10.The Enrollee shall provide adequate capacity to convey base flows and peak flows, including flows related to wet weather events. Capacity shall meet or exceed the design criteria as defined in the Enrollee's System Evaluation and Capacity Assurance Plan for all parts of the sanitary sewer system owned or operated by the Enrollee. 11.The Enrollee shall develop and implement a written Sewer System Management Plan (SSMP) and make it available to the State and/or Regional Water Board upon request. A copy of this document must be publicly available at the Enrollee's office and/or available on the Internet. This SSMP must be approved by the Enrollee's governing board at a public meeting. r State Water Resources Control Board Order No. 2006-0003-DWQ Page 10 of 20 Statewide General WOR For Wastewater Collection Agencies 512106 12.In accordance with the California Business and Professions Code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall .be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. Specific elements of the SSMP that require professional evaluation and judgments shall be prepared by or under the direction of appropriately qualified professionals, and shall bear the professional(s)' signature and stamp. 13.The mandatory elements of the SSMP are specified below. However, if the Enrollee believes that any element of this section is not appropriate or applicable to the Enrollee's sanitary sewer system, the SSMP program does not need to _ address that element. The Enrollee must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in the SSMP V' Time Schedule below. Sewer System Management Plan (SSMP) w (i) Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs _ that do occur. u (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as w described in Section J of this Order. (b) The names and telephone numbers for management, u administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a ,r complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County 4, Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). -- u (iii) Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include 1/I, stormwater, chemical dumping, u unauthorized debris and cut roots, etc.); �r W ✓ State Water Resources Control Board Order No. 2006-0003-DWQ Page 11 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; s. (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and r (a) Enforce any violation of its sewer ordinances. ✓ (iv) Operation and Maintenance Program. The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping ,r facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; ✓ (b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more ,✓ frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed ✓ for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and ✓ State Water Resources Control Board Order No. 2006-0003-DWQ Page 12 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (a) Provide equipment and replacement part inventories, including identification of critical replacement parts. I . (v) Design and Performance Provisions: `I (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing _ sanitary sewer systems; and I (b) Procedures and standards for inspecting and testing the installation — of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. (vi) Overflow Emergency Response Plan - Each Enrollee shall develop and I implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, _ this plan must include the following: (a) Proper notification procedures so that the primary responders and _ regulatory agencies are informed of all SSOs in a timely manner; V (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory v agencies and other potentially affected entities (e.g. health _ agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State �r in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES i„ permit requirements. The SSMP should identify the officials who will receive immediate notification; u (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (a) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated L, wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. Li i r State Water Resources Control Board Order No. 2006-0003-DWO Page 13 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 r (vii) FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer e+ system. This plan shall include the following as appropriate: (a)An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer r system service area; (c) The legal authority to prohibit discharges to the system and g. identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (a) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for r each section identified in (f) above. (viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design r storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs r 6i State Water Resources Control Board Order No. 2006-0003DWQ Page 14 of 20 Statewide General WDR For Wastewater Collection Agencies 5i2/06 is that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key -- system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that 69 contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and u (c) Capacity Enhancement Measures: The steps needed to _ establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, III reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion W dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update v requirements as described in Section D. 14. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee e shall: (a) Maintain relevant information that can be used to u establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, r measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventative maintenance program; L'- (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and -- V (a) Identify and illustrate SSO trends, including: frequency, location, and volume. 4 (x) SSMP Program Audits -As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system - and the number of SSOs. At a minimum, these audits must occur every L two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the V u r State Water Resources Control Board Order No. 2006-0003-DWQ Page 15 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. r (xi) Communication Program —The Enrollee shall communicate on a regular basis with the public on the development, implementation, and r performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. r The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. r 14.Both the SSMP and the Enrollee's program to implement the SSMP must be certified by the Enrollee to be in compliance with the requirements set forth r above and must be presented to the Enrollee's governing board for approval at a public meeting. The Enrollee shall certify that the SSMP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the ,.i time schedule provided in subsection D.15, below. In order to complete this certification, the Enrollee's authorized representative r must complete the certification portion in the Online SSO Database Questionnaire by checking the appropriate milestone box, printing and signing the automated form, and sending the form to: r State Water Resources Control Board Division of Water Quality r Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 .. The SSMP must be updated every five (5) years, and must include any significant program changes. Re-certification by the governing board of the Enrollee is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re-certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above. 15.The Enrollee shall comply with these requirements according to the following schedule. This time schedule does not supersede existing requirements or time r schedules associated with other permits or regulatory requirements. r r r L State Water Resources Control Board Order No. 2006-0003-DWO Page 16 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 Sewer System Management Plan Time Schedule Task and Completion Date it Associated Section _ Population > Population Population Population < 100,000 between 100,000 between 10,000 2,500 W and 10,000 and 2,500 Application for Permit i Coverage 6 months after WDRs Adoption i i Section C Reporting Program 6 months after WDRs Adoption' Section G L+ SSMP Development 15 months after 18 months after Plan and Schedule 9 months after 12 months after WDRs WDRs No specific Section WDRs Adoption WDRs Adoption Adoption Adoption 2 w Goals and Organizaflon Structure 12 months after WDRs Adoption 18 months after WDRs Adoption Section D 13 1 8 it W Overflow Emergency Response Program Section D 13 (vi) Legal Authority Section D 13 it 36 months after 39 months after 24 months after 30 months after Operation and WDRs Adoption WDRs Adoption WDRs WDRs Maintenance Program Adoptions Adoption 2 Section D 13 fly) 1'- Grease Control Yr Program Section D 13 vil Design and r Performance Section D 13 v System Evaluation and v Capacity Assurance 36 months after 39 months after 48 months after 51 months after Plan WDRs Adoption WDRs Adoption WDRs Adoption WDRs Adoption Section D 13 viN 4 Final SSMP, incorporating all of the SSMP requirements jr Section D 13 V W Li V r State Water Resources Control Board Order No. 2006-0003-DWQ Page 17 of 20 Statewide General WDR For Wastewater Collection Agencies &M6 r 1. In the event that by July 1, 2006 the Executive Director is able to execute a memorandum of agreement (MOA)with the California Water Environment Association (CWEA) or discharger representatives outlining a strategy and time r schedule for CWEA or another entity to provide statewide training on the adopted monitoring program, SSO database electronic reporting, and SSMP development, consistent with this Order, then the schedule of Reporting Program Section G shall .. be replaced with the following schedule: Reporting Program Section G Regional Boards 4, 6, and 9 8 months after WDRs Adoption Regional Boards 1, 2, and 3 12 months after WDRs Adoption Regional Boards 5, 6, 16 months after WDRs Adoption w and 7 If this MOU is not executed by July 1, 2006, the reporting program time schedule will remain six (6) months for all regions and agency size categories. 2. In the event that the Executive Director executes the MOA identified in note 1 by r July 1, 2006, then the deadline for this task shall be extended by six (6) months. The time schedule identified in the MOA must be consistent with the extended time schedule provided by this note. If the MOA is not executed by July 1, 2006, the six r (6) month time extension will not be granted. E. WDRs and SSMP AVAILABILITY r 1. A copy of the general WDRs and the certified SSMP shall be maintained at appropriate locations (such as the Enrollee's offices, facilities, and/or Internet ,r homepage) and shall be available to sanitary sewer system operating and maintenance personnel at all times. F. ENTRY AND INSPECTION 1. The Enrollee shall allow the State or Regional Water Boards or their authorized ,r representative, upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the Enrollee's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order; r b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; r r r State Water Resources Control Board Order No. 2006-0003-DWQ Page 18 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable times, for the purposes of assuring -- compliance with this Order or as otherwise authorized by the California i Water Code, any substances or parameters at any location. G. GENERAL MONITORING AND REPORTING REQUIREMENTS u 1. The Enrollee shall furnish to the State or Regional Water Board, within a _ reasonable time, any information that the State or Regional Water Board may request to determine whether cause exists for modifying, revoking and reissuing, 4i or terminating this Order. The Enrollee shall also furnish to the Executive Director of the State Water Board or Executive Officer of the applicable Regional i Water Board, upon request, copies of records required to be kept by this Order. �+ 2. The Enrollee shall comply with the attached Monitoring and Reporting Program No. 2006-0003 and future revisions thereto, as specified by the Executive Director. Monitoring results shall be reported at the intervals specified in _ Monitoring and Reporting Program No. 2006-0003. Unless superseded by a specific enforcement Order for a specific Enrollee, these reporting requirements are intended to replace other mandatory routine written reports associated with SSOs. , w 3. All Enrollees must obtain SSO Database accounts and receive a "Username" and "Password" by registering through the California Integrated Water Quality- System (CIWQS). These accounts will allow controlled and secure entry into the v SSO Database. Additionally, within 30days of receiving an account and prior to recording spills into the SSO Database, all Enrollees must complete the — "Collection System Questionnaire",which collects pertinent information regarding a Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. . 4. Pursuant to Health and Safety Code section 5411.5, any person who, without regard to intent or negligence, causes or permits any untreated wastewater or other waste to be discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State, as soon as that person has knowledge of the discharge, shall -- immediately notify the local health officer of the discharge. Discharges of 6.J untreated or partially treated wastewater to storm drains and drainage channels, whether man-made or natural or concrete-lined, shall be reported as required above. Any SSO greater than 1,000 gallons discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on L any surface waters of the State shall also be reported to the Office of Emergency Services pursuant to California Water Code section 13271. — W State Water Resources Control Board Order No. 2006-0003-DWO Page 19 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 r H. CHANGE IN OWNERSHIP 1. This Order is not transferable to any person or party,except after notice to the Executive Director. The Enrollee shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written r agreement between the existing and new Enrollee containing a specific date for the transfer of this Order's responsibility and coverage between the existing Enrollee and the new Enrollee. This agreement shall include an acknowledgement that the existing Enrollee is liable for violations up to the transfer date and that the new Enrollee is liable from the transfer date forward. r I. INCOMPLETE REPORTS 1. If an Enrollee becomes aware that it failed to submit any relevant facts in any r report required under this Order, the Enrollee shall promptly submit such facts or information by formally amending the report in the Online SSO Database. J. REPORT DECLARATION 1. All applications, reports, or information shall be signed and certified as follows: (i) All reports required by this Order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of ,r this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) r (ii) An individual is a duly authorized representative only if: (a) The authorization is made in writing by a person described in paragraph (i) of this provision; and r (b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS 1. The California Water Code provides various enforcement options, including civil .. monetary remedies, for violations of this Order. 2. The California Water Code also provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or Y W State Water Resources Control Board Order No. 2006-0003-D WQ Page 20 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 falsifying any information provided in the technical or monitoring reports is 4i subject to civil monetary penalties.L. SEVERABILITY 1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of _ this Order, shall not be affected thereby. iW 2. This order does not convey any property rights of any sort or any exclusive _ privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the Enrollee from w liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge. W CERTIFICATION The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDRs duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 2, 2006. 1.+ w AYE: Tam M. Doduc Gerald D. Secundy 61 NO: Arthur G. Baggett ABSENT: None ABSTAIN: None Song Her Clerk to the Board k, u i v U .r ITEM G Fact Sheet for SWRCB Order No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewers FACT SHEET STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS r The State Water Resources Control Board (State Water Board) adopted �+ Resolution 2D04-80 in November 2004, requiring staff to work with a diverse group of stakeholders (known as the SSO Guidance Committee) to develop a regulatory mechanism to provide a consistent statewide approach for reducing e Sanitary Sewer Overflows (SSOs). Over the past 14 months, State Water Board staff in collaboration with the SSO Guidance Committee, developed draft statewide general waste discharge requirements (WDRs)and a reporting .r program. The WDRs and reporting program reflect numerous ideas, opinions, and comments provided by the SSO Guidance Committee. r The SSO Guidance Committee consists of representatives from the State Water Board's Office of Chief Counsel, several Regional Water Quality Control Boards (Regional Water Boards), United States Environmental Protection Agency ,r (USEPA), Region IX, non-governmental environmental organizations, as well as publicly-owned sanitary sewer collection system agencies. The draft WDRs, reporting program, and associated documents result from a collaborative attempt to create a robust and rigorous program, which will serve as the basis for consistent and appropriate management and operation of sanitary sewer systems. During the collaborative process, several key Issues regarding the draft WDRs were identified. These include: • Is there a need for statewide collection system requirements? • Should these systems be regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Federal Clean Water Act or under WDRs issued pursuant to the California Water Code (the Porter-Cologne Water Quality Control Act or Porter-Cologne)? • Should the regulatory mechanism include a prohibition of discharge and, if so, should the prohibition encompass only SSOs that reach surface waters, ground water, or should all SSOs be prohibited? ,+ • Should a regulatory mechanism include a permitted discharge, an affirmative defense, or explicit enforcement discretion? • Should the regulated facilities include publicly-owned facilities, privately owned facilities, satellite systems (public and private), and/or private laterals? r V Fact Sheet for Order No. 2006-0003 Page 2 of 10 — Statewide General W DR For Wastewater Collection System Agencies 5/2/2006 v • Should all SSOs be reported, and if not, what should the reporting - thresholds be; and what should the reporting timeframes be? • How will existing permits and reporting requirements incorporate these new WDRs? - • How much will compliance with these new WDRs cost? W The WDRs and Reporting Program considered the comments of all stakeholders and others who commented on the two drafts circulated to the public. These documents also incorporate legal requirements and other revisions to improve the effectiveness and management of the regulatory program. Following is a — discussion of the above issues, comments received on the drafts and an V explanation of how issues were resolved. The Need As California's wastewater collection system infrastructure begins to age, the need to proactively manage this valuable asset becomes increasingly important. The first step in this process is to have a reliable reporting system for SSOs. Although there are some data systems to record spills and various spill-reporting . . requirements have been developed, inconsistent requirements and enforcement have led to poor data quality. A few Regional Water Boards have comprehensively tracked SSOs over the last three to five years, and from this information we have been able to determine that the majority of collection systems surveyed have had SSOs within this time period. Both the San Diego and Santa Ana Regional Water Boards have issued WDRs over the last several years to begin regulating wastewater collection systems in an attempt to quantify and reduce SSOs. In fact, 44 out of 46 collection system _ agencies regulated by the San Diego Regional Water Board have reported spills over the last four and a half years, resulting in 1467 reported SSOs. Twenty-five out of 27 collection system agencies subject to the Santa Ana Regional Water Board's general WDRs reported SSOs between the years of 1999-2004. During this time period, 1012 SSOs were reported. The 2004 Annual Ocean and Bay Water Quality Report issued by the Orange County Environmental Health Care Agency shows the number of SSOs 6' increasing from 245 in 1999 to 399 in 2003. While this number indicates a concerning trend, the total annual spill volume from these SSOs has actually decreased dramatically, as has the number of beach closures due to SSOs. It is �+ likely, therefore, that the rise in number of SSOs reflects better reporting, and not an actual increase in the number of SSOs. y This information also suggests that the Santa Ana Regional Water Board's WDRs, which contain sanitary sewer management plan (SSMP) requirements similar to those In the proposed statewide general WDRs, have been effective in it W V d Fact Sheet for Order No. 2006-0003 Page 3 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 not only increasing the number of spills that are reported but also in mitigating the impacts of SSOs that do occur. r Data supports the conclusion that virtually all collection systems have SSOs and that implementation of a regulatory measure requiring SSO reporting and ra collection system management, along with required measures to limit SSOs, will greatly benefit California water quality. Implementation of these requirements will also greatly benefit and prolong the useful life of the sanitary sewer system, one r of California's most valuable infrastructure items. NPDES vs. WDRs r Porter-Cologne subjects a broader range of waste discharges to regulation than the Federal Clean Water Act. In general, the Clean Water Act prohibits the r discharge of pollutants from point sources to surface waters of the United States unless authorized under an NPDES permit. (33 U.S.C. §§1311, 1342). Since not all SSOs result in a discharge to surface water, however, not all SSOs violate the .� Clean Water Act's NPDES permitting requirements. Porter-Cologne, on the other hand, covers all existing and proposed waste discharges that could affect the quality of state waters, including both surface waters and groundwater. (Wat. d Code §§13050(e), 13260). Hence, under Porter-Cologne, a greater SSO universe is potentially subject to regulation under WDRs. In addition, WDRs under Porter-Cologne can address both protection of water quality as well as the r prevention of public nuisance associated with waste disposal. (ld. §13263). Some commenters contend that because all collection systems have the .. potential to overflow to surface waters the systems should be regulated under an NPDES permit. A recent decision by the United States Court of Appeals for the 2nd Circuit, however, has called into question the states'and USEPA's ability to regulate discharges that are only "potential" under an NPDES permit. In Waterkeeper Alliance it. United States Environmental Protection Agency(2005) 399 F.3d 486, 504-506, the appellate court held that USEPA can only require permits for animal feedlots with "an actual addition" of pollutants to surface waters. While this decision may not be widely followed, especially in the area of SSOs, these are clearly within the jurisdiction of the California Water Code. r USEPA defines a publicly owned treatment works (POTW)as both the wastewater treatment facility and its associated sanitary sewer system (40 C.F.R. r §403.3(o)t). Historically, only the portion of the sanitary sewer system that is owned by the same agency that owns the permitted wastewater treatment facility has been subject to NPDES permit requirements. Satellite sewer collection r systems (i.e. systems not owned or operated by the POTW) have not been The regulation provides that a POTW include sewers,pipes,and other conveyances only if they convey wastewater to a POTW. s W Fact Sheet for Order No. 2006-0003 Page 4 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 typically regulated as part of the POTW and, therefore, have not generally been - - subject to NPDES permit requirements. Comments were received that argued every collection system leading to a - POTW that is subject to an NPDES permit should also be permitted based upon the USEPA definition of POTW. Under this theory, all current POTW NPDES permits could be expanded to include all satellite sewer collection systems, or _ alternatively, the satellite system owners or operators could be permitted separately. However, this interpretation is not widely accepted and USEPA has no official guidance to this fact. _ There are also many wastewater treatment facilities within California that do not have discharges to surface water, but instead use percolation ponds, spray _ irrigation, wastewater reclamation, or other means to dispose of the treated effluent. These facilities, and their satellite systems, are not subject to the NPDES permitting process and could not be subject to a statewide general NPDES permit. POTWs that fall into this category, though, can be regulated under Porter-Cologne and do have WDRs. In light of these factors, the State Water Board has determined that the best approach is to propose statewide general WDRs at this time. W Prohibition of Discharge v The Clean Water Act prohibits the discharge of wastewater to surface waters _ except as authorized under an NPDES permit. POTWs must achieve secondary treatment, at a minimum, and any more stringent limitations that are necessary to u achieve water quality standards. (33 U.S.C. §1311(b)(1)(B)and (Q. Thus, an _ SSO that results in the discharge of raw sewage to surface waters is prohibited under the Clean Water Act. Additionally, California Water Code section 13263 requires the State Water - - Board to, after any necessary hearing, prescribe requirements as to the nature of Lf any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration - the need to prevent nuisance. y; California Water Code section 13050 (m), defines nuisance as anything which -. meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the L, comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the LW annoyance or damage inflicted upon individuals may be unequal. w d Fact Sheet for Order No. 2006-0003 Page 5 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 c. Occurs during, or as a result of,the treatment or disposal of wastes. r Some SSOs do create a nuisance as defined in state law. Therefore, based upon these statutory requirements, the WDRs include prohibitions in Section C. of the WDRs. Section C. states: C. PROHIBITIONS r 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. r 2. Any SSO that results in a discharge of untreated or partially treated wastewater,which creates a nuisance as defined in California Water Code section 13050(m)is prohibited. d Furthermore, the State Water Board acknowledges the potential for more stringent water quality standards that may exist pursuant to a Regional Water Board requirement. Language included in Section D.2 of the WDRs allows for these more stringent instances. 'd D. PROVISIONS 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act,or supersede a more speck or more stringent state or federal d requirement in an existing permit, regulation,or administrative/judicial order or Consent Decree; (it) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act,an applicable Basin Plan prohibition or water quality standard,or the California Water Code; (III) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDRs,superseding the general WDRs,for a sanitary sewer system,authorized under the Clean Water Act or California Water Code;or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. r Permitted Discharge, Affirmative Defense, and Enforcement Discretion Commenters from the discharger community have requested inclusion of an affirmative defense to an SSO on the grounds that certain SSO events are unforeseen and unavoidable, such as SSOs due to extreme wet weather events. An affirmative defense is a mechanism whereby conduct that otherwise violates WDRs or a permit will be excused, and not subject to an enforcement action, under certain circumstances. Since many collection system industry experts s believe that not all SSOs may be prevented, given certain circumstances (such as unforeseen vandalism, extreme wet weather, or other acts of God), many r s v Fact Sheet for Order No. 2006-0003 Page 6 of 10 — Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 W collection system owner representatives believe this should formally be - recognized by including an affirmative defense for these unavoidable SSOs. W Previous informal drafts of the general WDRs included affirmative defense - language, which was contingent upon appropriate development and implementation of sanitary sewer management plan (SSMP) requirements, as well as a demonstration that the SSO was exceptional and unavoidable. Other stakeholders, including USEPA and the environmental groups opposed the concept of an affirmative defense for SSOs. They argued that its inclusion in the WDRs would undermine the Clean Water Act and inappropriately limit both Regional Water Board and third party enforcement. L After considering input from all stakeholders, and consulting with USEPA, staff is not recommending inclusion of an affirmative defense. Rather, the draft WDRs incorporate the concept of enforcement discretion, and explicitly identify what factors must be considered during any civil enforcement proceeding. The _ enforcement discretion portion of the WDRs is contained within Sections D. 6 and 7, and is consistent with enforcement discretion provisions within the California Water Code. Facilities Subject to WDRs Collection systems consist of pipelines and their appurtenances, which are intended to transport untreated wastewater to both publicly-owned and private v wastewater treatment facilities. While wastewater treatment facilities are owned by a wide variety of public and private entities, public agencies (state and federal agencies, cities, counties, and special districts)own the vast majority of this L infrastructure. Collection systems that transport wastewater to POTWs could be grouped into it four different categories: 1. Publicly-owned treatment works— pipelines and appurtenances that are owned by a public agency that also owns a wastewater treatment facility; 2. Publicly-owned satellites — pipelines and appurtenances that are owned - by a public agency that does not own a wastewater treatment facility; and 3. Private laterals - pipelines and appurtenances that are not owned by a public agency, but rather discharge into one of the above types of facilities. 6, 4. Privately owned treatment works— pipelines and appurtenances that are owned by a private entity, which also owns a wastewater treatment facility (often a septic tank and leach field). V The WDRs require all public agencies, which own wastewater collection systems (category 1 and 2 above) to enroll in the WDRs. Privately owned systems 6, (categories 3 and 4) are not subject to the WDRs; however, a Regional Water L u d Fact Sheet for Order No. 2006-0003 Page 7 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 r Board may at its discretion issue WDRs to these facilities on a case-by-case or region wide basis. Collection systems discharging into POTWs(categories 1, 2, and 3) represent, by far, the greatest amount of collection system infrastructure within California. Since regulating private entities (categories 3 and4)on a statewide basis would be unmanageable and impractical (because of the extremely large number and lack of contact information and other associated records), staff believes focusing on the public sector is the best option for meaningful and consistent outcomes. The legal authority and reporting provisions contained in the WDR do require limited oversight of private laterals (category 3) by public entities. Given this r limited responsibility of oversight, public entities are not responsible or liable for private laterals. s State Water Board staff will notify all known public agencies that own wastewater collection systems, regarding their obligation to enroll under these WDRs. However, because of data inaccuracies, State Water Board staff may ri inadvertently not contact an agency that should enroll in the WDRs or erroneously contact a public agency that does not own a collection system. Staff will make every effort to accurately identify public agencies. In the event that a d public agency is overlooked or omitted, however, it is the agency's responsibility to contact the State Water Board for information on the application process. An agency can find the appropriate contact by visiting the State Water Board's SSO homepage at www.waterboards.ca.gov/sso. SSO Reporting SSOs can be distinguished between those that impact water quality and/or create a nuisance, and those that are indicators of collection system ,r performance. Additionally, SSO liability is attributed to either private entities (homeowners, businesses, private communities, etc...)or public entities. Although all types of SSOs are important to track, the reporting time frames and ,+ the type of information that need to be conveyed differ. The Reporting Program and Online SSO Database dearly distinguish the type of spill (major or minor) and the type of entity that owns the portion of the collection system that experienced the SSO (public or private entity). The reason to require SSO reporting for SSOs that do not necessarily impact public health or the environment is because these types of SSOs are indicators of collection system performance and management program effectiveness, and may serve as a sign of larger and more serious problems that should be addressed. Although these types of spills are important and must be regulated by collection system owners, `+ the information that should be tracked and the time required to get them into the online reporting system are not as stringent. w v L Fact Sheet for Order No. 2006-0003 Page 8 of t0 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 L Obviously, SSOs that are large in nature, affect public health, or affect the environment must be reported as soon as practicable and information associated L with both the spill and efforts to mitigate the spill must be detailed. Since the Online SSO Database is a web based application requiring computer connection to the Internet and is typically not as available as telephone communication would be, the Online Database will not replace emergency notification, which may be required by a Regional Water Board, Office of Emergency Services, or a County Health or Environmental Health Agency. Incorporating Existing Permits It is the State Water Board's Intent to have one statewide regulatory mechanism W that lays out the foundation for consistent collection system management requirements and SSO reporting. While there are a significant number of collection systems that are not actively regulated by the State or Regional Water L Boards, some efforts have been made to regulate these agencies on a facility-by- facility or region-by-region basis. General WDRs, individual WDRs, NPDES M permits, and enforcement orders that specifically include collections systems are U mechanisms that have been used to regulate collection system overflows. However, because of these varying levels of regulatory oversight, confusion u exists among collection system owners as to regulatory expectations on a consistent and uniform basis (especially with reporting spills). Currently, there are a myriad of different SSO reporting thresholds and a number of different spill report repositories. Because of the varying levels of reporting thresholds and the lack of a common database to capture this information, an accurate picture of SSOs throughout California is unobtainable. W In order to provide a consistent and effective SSO prevention program, as well as to develop reasonable expectations for collection system management, these U General WDRs should be the primary regulatory mechanism to regulate public collection systems. The draft WDRs detail requirements associated with SSMP development and implementation and SSO reporting. r All NPDES permits for POTWs currently include federally required standard conditlons, three of which apply to collection systems. NPDES permits must clarify that the following three conditions apply to that part of the collection system that is owned or operated by the POTW owner or operator. These conditions are: r • Duty to mitigate discharges (40 CFR 122.41(d)) • Requirement to properly operate and maintain facilities (40 CFR L 122.41(a)) • Requirement to report non-compliance (40 CFR 122.41(I)(6)and (7)) L W V d Fact Sheet for Order No. 2006-0003 Page 9 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 .r Understandably, revising existing regulatory measures will not occur immediately. However, as time allows and, at a minimum, upon readopting w existing WDRs or WDRs that serve as NPDES permits, the Regional Water Boards should rescind redundant or inconsistent collection system requirements. In addition, the Regional Water Boards must ensure that existing NPDES permits .y clarify that the three standard permit provisions discussed above apply to the permittee's collection system. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more stringent or �r prescriptive requirements. In those cases, more specific or more stringent WDRs or an NPDES permit issued by a Regional Water Board will supersede this Order. Finding number 11, in the WDRs states: s 11. Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System(NPDES)permits to sanitary sewer system r owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more prescriptive WDRs for sanitary sewer systems. ,r Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order,the Regional Water Board shall coordinate its requirements with stated requirements within this Order,to identify requirements that are more stringent,to remove requirements that are less stringent than this Order,and to provide consistency in reporting. Cost of Compliance r While the proposed WDRs contain requirements for systems and programs that should be in place to effectively manage collection systems, many communities have not implemented various elements of a good management plan. Some agencies are doing an excellent job managing their collection systems and will incur very little additional costs. Other agencies will need to develop and implement additional programs and will incur greater costs. However, any additional costs that a public agency may incur in order to comply with these General WDRs are costs that an agency would necessarily incur to effectively �r manage and preserve its infrastructure assets, protect public health and prevent nuisance conditions. These General WDRs prescribe minimum management requirements that should be present in all well managed collection system r agencies. In order to estimate the compliance costs associated With the proposed WDRs, ,r staff analyzed costs associated with implementing the Santa Ana Regional Water Board's general WDRs. Twenty-one agencies, which discharge to Orange County Sanitation District, submitted financial summaries for the last five years, representing both pre-and post-WDRs adoption. Operation and maintenance costs, program development costs, as well as capital improvement costs were r e i Fact Sheet for Order No. 2006-0003 Page 10 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 L considered and fairly accurately represent what can be expected statewide with the adoption of the General WDRs. u After extrapolating the sample to yield a statewide cost perspective, the projected annual cost of implementing the statewide WDRs is approximately$870 million. L This total represents $345.6 million in O&M costs and $524.5 for capital improvement projects. I While this sum is substantial, presenting the costs on a per capita or per L' household basis puts the figure in perspective. Department of Finance estimated a the total population for Californians that may be subject to the WDRs to be 30.3 million persons (1/1/05). Dividing the population by the approximate average LI household size of 2.5 yields 12 million households. The average household in California is assumed to be 2.5 persons. The increased average annual cost (in order to comply with these WDRs) per person is estimated to be$28.74 and u $71.86 per household (or$5.99 per month per household) I Given these average costs there will be some communities that realize higher �+ costs on a per household basis and some that realize less cost. Furthermore, _ larger communities will probably also realize an economy of scale, which is dependent upon a community's size. While larger communities may see lower it costs associated with compliance, smaller communities will probably see a higher cost associated with compliance. Costs for compliance in small communities may be as high as $40 per month per household. L i L� L L IV Lr L U i W ITEM H SWRCB Monitoring and Reporting Program No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewers r r STATE WATER RESOURCES CONTROL BOARD MONITORING AND REPORTING PROGRAM NO. 2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS r This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order No. 2006-2003, "Statewide r General Waste Discharge Requirements for Sanitary Sewer Systems." Revisions to this MRP may be made at any time by the Executive Director, and may include a reduction or increase in the monitoring and reporting. r A. SANITARY SEWER OVERFLOW REPORTING SSO Categories 1. Category 1 -All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system that: A. Equal or exceed 1000 gallons, or B. Result in a discharge to a drainage channel and/or surface water; or C. Discharge to a storm drainpipe that was not fully captured and returned to " the sanitary sewer system. 2. Category 2—All other discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system. 3. Private Lateral Sewage Discharges—Sewage discharges that are caused by blockages or other problems within a privately owned lateral. SSO Reporting Timeframes .. 4. Category 1 SSOs—All SSOs that meet the above criteria for Category 1 SSOs must be reported as soon as: (1) the Enrollee has knowledge of the discharge, r (2) reporting is possible, and (3) reporting can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of Category 1 SSOs must be reported to the Online SSO System as soon as possible but no r later than 3 business days after the Enrollee is made aware of the SSO. Minimum information that must be contained in the 3-day report must include all information identified in section 9 below, except for Rem 9X A final certified r report must be completed through the Online SSO System, within 15 calendar days of the conclusion of SSO response and remediation. Additional information may be added to the certified report, in the form of an attachment, at any time. The above reporting requirements do not preclude other emergency notification requirements and timeframes mandated by other regulatory agencies (local e Monitoring and Reporting Program No. 2006-0003 Page I of5 L Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 I County Health Officers, local Director of Environmental Health, Regional Water U Boards, or Office of Emergency Services (OES)) or State law. 5. Category 2 SSOs—All SSOs that meet the above criteria for Category 2 SSOs jr must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of January must be entered into the database by March 1 st). 6. Private Lateral Sewage Discharges—All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SSO U Database based upon the Enrollee's discretion. If a Private Lateral sewage discharge is recorded in the SSO Database, the Enrollee must identify the = sewage discharge as occurring and caused by a private lateral, and a L responsible party (other than the Enrollee) should be identified, if known. 7. If there are no SSOs during the calendar month, the Enrollee will provide, within L 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SSOs for the designated month. 8. In the event that the SSO Online Database is not available, the enrollee must fax t"I all required information to the appropriate Regional Water Board office in accordance with the time schedules identified above. In such event, the Enrollee L must also enter all required information into the Online SSO Database as soon as practical. Mandatory Information to be Included in SSO Online Reoortinu L All Enrollees must obtain SSO Database accounts and receive a "Username" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO _ Database. Additionally, within thirty (30) days of receiving an account and prior to recording SSOs into the SSO Database, all Enrollees must complete the "Collection 6o System Questionnaire", which collects pertinent information regarding an Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. U At a minimum, the following mandatory information must be included prior to finalizing i and certifying an SSO report for each category of SSO: U 9. Category 2 SSOs: j A. Location of SSO by entering GPS coordinates; L B. Applicable Regional Water Board, i.e. identify the region in which the I SSO occurred; L C. County where SSO occurred; D. Whether or not the SSO entered a drainage channel and/or surface L water; E. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system; U L Monitoring and Reporting Program No. 2006-0003 Page 3 oj5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 F. Estimated SSO volume in gallons; G. SSO source (manhole, cleanout, etc.); H. SSO cause (mainline blockage, roots, etc.); I. Time of SSO notification or discovery; J. Estimated operator arrival time; K. SSO destination; L. Estimated SSO end time; and M. SSO Certification. Upon SSO Certification, the SSO Database will issue a Final SSO Identification (ID) Number. r 10.Private Lateral Sewage Discharges: A. All information listed above (if applicable and known), as well as; B. Identification of sewage discharge as a private lateral sewage discharge; and C. Responsible party contact information (if known). 11.Category 1 SSOs: A. All information listed for Category 2 SSOs, as well as; B. Estimated SSO volume that reached surface water, drainage channel, or not recovered from a storm drain; C. Estimated SSO amount recovered; D. Response and corrective action taken; E. If samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA must be selected. F. Parameters that samples were analyzed for (if applicable); G. Identification of whether or not health warnings were posted; H. Beaches impacted (if applicable). If no beach was impacted, NA must be selected; I. Whether or not there is an ongoing investigation; J. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps; K. OES control number (if applicable); L. Date OES was called (if applicable); M. Time DES was called (if applicable); N. Identification of whether or not County Health Officers were called; O. Date County Health Officer was called (if applicable); and P. Time County Health Officer was called (if applicable). Reportina to Other Reaulatory Agencies d These reporting requirements do not preclude an Enrollee from reporting SSOs to other regulatory agencies pursuant to California state law. These reporting requirements do not replace other Regional Water Board telephone reporting requirements for SSOs. t i Monitoring and Reporting Program No. 2006-0003 Page 4 of Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 1. The Enrollee shall report SSOs to DES, in accordance with California Water Code Section 13271. Office of Emergency Services Ir Phone (800) 852-7550 2. The Enrollee shall report SSOs to County Health officials in accordance with California Health and Safety Code Section 5410 at seq. 3. The SSO database will automatically generate an e-mail notification with customized information about the SSO upon initial reporting of the SSO and final certification for all Category 1 SSOs. E-mails will be sent to the appropriate County Health Officer and/or Environmental Health Department if the county u desires this information, and the appropriate Regional Water Board. B. Record Keeping 1. Individual SSO records shall be maintained by the Enrollee for a minimum of five years from the date of the SSO. This period may be extended when requested by a Regional Water Board Executive Officer. 3. All records shall be made available for review upon State or Regional Water L Board staffs request. 4. All monitoring instruments and devices that are used by the Enrollee to fulfill the v prescribed monitoring and reporting program shall be properly maintained and calibrated as necessary to ensure their continued accuracy; 5. The Enrollee shall retain records of all SSOs, such as, but not limited to and when applicable: a. Record of Certified report, as submitted to the online SSO database; b. All original recordings for continuous monitoring instrumentation; C. Service call records and complaint logs of calls received by the Enrollee; v d. SSO calls; e. SSO records; f. Steps that have been and will be taken to prevent the SSO from recurring Land a schedule to implement those steps. g. Work orders, work completed, and any other maintenance records from the previous 5 years which are associated with responses and I investigations of system problems related to SSOs; h. A list and description of complaints from customers or others from the previous 5 years; and L i. Documentation of performance and implementation measures for the previous 5 years. 8. If water quality samples are required by an environmental or health regulatory v agency or State law, or if voluntary monitoring is conducted by the Enrollee or its agent(s), as a result of any SSO, records of monitoring information shall include: L r Monitoring and Reporting Program No. 2006-0003 Page S 0j5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 ,r a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical technique or method used; and, ,r f. The results of such analyses. C. Certification r 1. All final reports must be certified by an authorized person as required by Provision J of the Order. e. 2. Registration of authorized individuals, who may certify reports, will be in accordance with the CIWQS' protocols for reporting. Monitoring and Reporting Program No. 2006-0003 will become effective on the date of adoption by the State Water Board. r CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Board held on May 2, 2006. r r r Song Her Clerk to the Board r r r r c