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HomeMy WebLinkAboutx11-28-2012 11.05-Appendix B - 1991 MOU Summary.pdf OCSD/SAWPA 1991 MOU Requirements, Responsibilities and Practices FINAL—8/30/2012 MOU Section Summary of Requirements Responsible Party(iesp- Comments Findings Documents/Evidence General Requirements SAWPA shall continue to exercise jurisdiction and control over all dischargers located within SAWPA's territorial boundaries in the Upper Basin 1 that are tributary and discharge to OCSD's facilities. P.S.: Although SAWPA has entered into inter-jurisdictional agreements with all member agencies, SAWPA remain the agency ultimately responsible for the pretreatment program. 1, E-1 Issue wastewater discharge SAWPA-Industrial Waste Provide evidence that all dischargers permits and enforce violations of Survey,Permits for all SIUs that should be permitted are permitted permit requirements. (CIUs and Non-CIUs) and that they are properly permitted according to 40 CFR 403 and EPA Guidance. Evidence of enforcement activities,Permit Fact Sheets, Policies and Procedures(P&P),and staff qualifications and FTEs committed to the SARI Line. 1, E-2 Monitor wastewater Flows and SAWPA—NOVsissued, Provide evidence of enforcement actions perform inspections. correspondence with performed for violations identified dischargers and OCSD, consistent with 40 CFR 403 and EPA Enforcement Response Plan, Guidance Enforcement Response Guide, inspection reports, Significant non-Compliance(SNC) determination. 1. E-3 Collect any noncompliance fines, SAWPA-Connection fee Provide evidence that IUs are being fees,user charges,taxes,capital program and surcharge properly charged/fined and sufficient recovery fees,and other lawful program. costs are being recovered to administer charges as levied by SAWPA. the pretreatment program 1 1. E-4 Prepare and submit appropriate SAWPA-Pretreatment reports Provide evidence that all required quarterly and annual reports submitted quarterly and yearly. reports are complete and are being pertaining to the administration of submitted to the appropriate agency on Ordinance No. 1 and the MOU to time the EPA, RWQCB and OCSD. 2 Permittina Procedures 2,A Prior to issuing permits to direct SAWPA-Permit applications, Provide evidence that this process is and indirect dischargers,require draft permits,P&P and QA/QC being followed properly and concurrence permit applications, prepare draft documents,fact sheets and is being received by OCSD prior to permits,and submit both to OCSD correspondence with OCSD. issuing permits. for their review and concurrence. 2,B Notification to Users of the SAWPA—Procedure for Although Ordinance No.1 was updated conditions of Ordinance No. 1 and informing existing permit and a new agreement went into effect in MOU requirements. holders of any additional 1996, nonetheless,SAWPA should have requirements as a result of notified users of Ordinance No. 1 and changes to its Ordinance or for MOU requirements. entering into new agreements. 2,C Require Users connected to the SAWPA—Procedures for Once the MOU became effective, SARI system without a permit to permitting existng users, SAWPA had 30 days to notify obtain a permit. industrial waste survey and dischargers of the new requirements permit examples. and 30 days thereafter to demand compliance. 2, D Authority to change permit SAWPA-Correspondence Provide evidence of permit changes and conditions and prompt notification between parties and evidence correspondence between parties for of changes between parties. of permit changes. notification. SAWPA may elect to impose more stringent discharge requirements. 2, E Copies of all permits,renewed SAWPA-List of permits, Compare permits received vs. permits and modified permits,signed by copies of permits and issued. SAWPA,shall be forwarded to correspondence with OCSD. OCSD within 15 days of issuance. 3 Monitorina 3,A Scheduled and unscheduled SAWPA-Monitoring/sampling Provide evidence of monitoring direct monitoring of all direct and indirect schedule and data. and indirect dischargers. dischargers tributary to the SARI OCSD can conduct its own system. monitoring but must ask SAWPA for the info first. 2 3,B Optional self-monitoring program SAWPA-Provided evidence SAWPA shall include such self- for discharger. SAWPA must of self-monitoring such as Self- monitoring program in the Permit provide OCSD with self- Monitoring Reports and/or requirements. The self-monitoring monitoring results Forms to OCSD. SAWPA's program shall be approved by OCSD. correspondence with dischargers. 3,C Each party shall provide copies of Both-Monitoring/sampling Provide evidence of report sharing. reports for all monitoring, reports. sampling or laboratory testing on Compare required reports vs. reports dischargers in the Upper Basin. received. 3, D Except in an emergency, OCSD OCSD-Notification Evidence of any past monitoring. must notify SAWPA at least 24 hours in advance before conducting its own monitoring. 4 Inspection 4,A Maintain and implement an SAWPA-Report of IU Provide evidence of inspections inspection program and document inspection findings and performed in accordance with the"State inspections with a written report. inspection schedule. of California Pretreatment Program Implementation Guidance"manual and reports submitted. 4, B Immediate notification of any Both—P&P and SAWPA and OCSD to notify each other discharge which presents an correspondence between immediately when either agency imminent danger to the public SAWPA and OCSD. Provide becomes aware of a discharge from health,safety or welfare,or which evidence of notification of a SAW PA's area that may present an threatens to interfere with the qualifying discharge. imminent danger to the public health, operation of OCSD. safety or welfare,or which threatens to interfere with the operation of OCSD. 4,C Inspection frequencies are SAWPA-List of facilities, Provide evidence of inspections dependent upon the type of inspection frequency and performed. Providejustifications for discharger. In no event shall inspection dates for inspection frequencies. inspections be conducted less dischargers. than twice annually or less than the minimum number required by Federal Regulations.OCSD may participate in inspections arranged by SAWPA. 3 4, D OCSD may initiate an inspection OCSD to initiate. SAWPA's OCSD to notify SAWPA by telephone, of the Upper Basin. records of inspections by confirmed in writing or by electronic OCSD. telecommunication(FAX).OCSD to give SAWPA a 24 hr. notice except in the case of an emergency. Reaorlina 5 OCSD shall advise SAWPA of any changes in the OCSD pretreatment requirements which will affect SAWPA. It shall be the practice for SAWPA to communicate to OCSD all data onpoint sources relating to dischar is,quality, monitoring. Inspection and enforcement. 5,A Monthly activity report detailing SAWPA-Reports submitted to Provide evidence of monthly reports the number and identification of OCSD and related submitted. new and existing pennittees, correspondence with OCSD. inspections,enforcement actions, and monitoring data. 5,B Provide copies of enforcement SAWPA-Enforcement Provide evidence of enforcement correspondence. correspondence correspondence. 5,C Monthly flow and quality data for SAWPA-Flow and quality Provide evidence of flow and quality the discharge to the OCSD data. data provided to OCSD. system and monitoring station. 5, D Quarterly report and Annual report SAWPA-Quarterly and Provide evidence of quarterly and of summary of items discussed annual reports annual reports submitted to OCSD. above. 6 Enforcement 6,A Responsible for enforcing all See 1 E-2 See 1 E-2 waste discharge policies and procedures to all permit terms and conditions 6, B Inform OCSD of all dischargers in SAWPA-Correspondence Provide evidence that OCSD was noncompliance and the actions to with OCSD and OCSD copied notified of all non-compliances and be taken to enforce the provisions on NOVs issued. actions taken. 6,C Require all member agencies who SAWPA-MOU between Provide evidence that all member discharge to the SARI system to SAWPA and Member agencies agencies who discharge into the SARI enter into an inter-jurisdictional and any other documented system have entered into an agreement agreement with SAWPA to agreements or actions. to implement a pretreatment program. im lementa retreatment 4 program. Evaluation of discharger categorical Obligation to comply with Federal SAWPA and each of its classification,inspections and reports. requirements. member agencies assume all obligations set forth in Title 40 CFR, Part 403 including notification of pertinent categorical standards, monitoring and reporting. Amending Ordinance to ensure SAWPA will amend its continuous compliance with Ordinance to comply with the Federal requirements. new Federal requirements in the event of amendment(s)to applicable Federal statutes or regulations. Communication of changes OCSD shall advise SAWPA or affecting SAWPA. any changes in the OCSD pretreatment requirements affecting SAWPA. 6, D Review of SAWPA Ordinance and OCSD shall review SAWPA's Reports of OCSD's review or remedial amendments and activities to Ordinance and any inter- plans. ensure conformance with Federal jurisdictional agreements for regulations. conformance with 40 CFR Part 403. OCSD may periodically review SAW PA's pretreatment program activities to ensure the enforcement of pretreatment requirements. OCSD may develop and issue a remedial plan with a time schedule for attaining compliance if OCSD determines that SAWPA has failed or has refused to fulfill any pretreatment requirements. 5 OCSD may upon 30 day written notice suspend rights to discharge into the SARI line if SAWPA fails to satisfy the terms of the remedial plan.... OCSD may seek injunctive relief against SAWPA or member agencies or dischargers for failure to com I with the remedial plan. 7 Enforcement Process by OCSD 7.A If SAWPA does not take OCSD shall send written Documentation relating to enforcement. appropriate enforcement actions, notice to SAWPA. OCSD with notification to SAWPA may cause enforcement actions. If SAWPA agrees with OCSD, SAWPA shall undertake proceedings under Article 6 of SAWPA's Ordinance. If SAWPA disagrees with OCSD,a hearing shall be held by the SAWPA Commission no later than 10 days from notice. If OCSD disagree with the findings or enforcement/remedial actions of the SAWPA Commission, OCSD may pursue such remedies as provided by law and regulations. OCSD and SAWPA to take joint enforcement actions when OCSD and SAWPA are in agreement. 7. B Steps to betaken in the case of OCSD may immediately Correspondence and documented den tr to the SARI line,OCSD or initiate ste s to idenU source actions taken. 6 the environment. and halt/prevent such discharge. OCSD may suspend SAWPA's use of OCSD's facilities and seek injunctive relief against SAWPA, its Member Agencies or users. 8 Indemnity SAWPA shall indemnify OCSD for all damages,fines and costs as a result of waste discharge from SAWPA. OCSD shall indemnify SAWPA for all damages,fines and costs as a result of waste discharge from OCSD. 9 Amendments and Modifications Terms of this MOU may be amended only by written agreement by both parties. MOU shall be reviewed,and revised,if necessary,at least every three years from the effective date. This MOU along with SAWPA's Ordinance establishes procedures for the quality monitoring program set forth in paragraph 5,"Quality Criteria'of the aforementioned April, 1972 Agreement. 10 Notice Except as otherwise provided herein,all notices and other communication required or pertinent shall be in writing with confirmed receipt It shall be deemed received after 72 hours. 'Note: "Responsible Party(ies)"designates the agency(ies)responsible for taking action under the MOU Section. • OCSD, • SAWPA, • Both(both agencies; OCSD and SAWPA),or • Neither 7