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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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