HomeMy WebLinkAboutx11-28-2012 11.06-Appendix C - 1996 Agreement Summary.pdf OCSD/SAWPA 7/24/1996 WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
FINAL—8130/2012
Agreement Section Summary of Requirements and SAWPA Responsibility Responsible Comments Findings
Party(ies)'
Documents/Evidence
1 Treatment and Disposal Rights
1,(a) Grant of Right Both -Copy of
OCSD grants and conveys to SAWPA a Treatment and Disposal Agreement on file
Right.
1,(b) Nature of Treatment and Disposal Riaht Both—Copy of
SAWPA has no night to use any particular existing or expanded Agreement on file.
OCSD facility. OCSD has sole discretion with regard to treatment
and disposal of waste.
1,(c) Quantity of Treatment and Disposal Right SAWPA-Flow Confirm the 17 MGD
SAWPA may acquire Treatment and Disposal Right in increments monitoring data and purchase.
for an ultimate Treatment and Disposal Right of 30 MGD. reports.
1,(c), (1) OCSD's connection charges were subject to review in 1996. N/A N/A N/A
When connection charges are reduced,a credit is issued.
1.(d) Effective Date and Term of Riaht Both—Awareness of
SAWPA's Treatment and Disposal Right shall continue in effect this requirement and
until April 12,2046. plan to ensure
In 2041,good faith negotiations shall be undertaken between continuity.
SAWPA and OCSD for SAWPA to join OCSD as a co-equal
participant in OCSD's Joint Ownership Operation and Construction
Agreement or any agree ant which shall supersede or replace it.
2 Ca ital Pa ants
2,(a), (1) SAWPA shall pay a sum equal to OCSD's existing Treatment and N/A N/A N/A
Disposal Right charge for each 1 MGD Monthly Average Flow
increment.
2,(a), (1),(A) SAWPA shall acquire sufficient additional increments of the N/A N/A N/A
Treatment and Disposal Right so that its total Treatment and
Disposal Right exceeds that Monthly Average Flow.
2,(a), (2) SAWPA may elect to pay for an additional increment(s)of the WA N/A N/A
Treatment and Disposal Right over a 10 year period.An interest
rate would apply.
2,(a), (2),(A) If SAWPA elects installment acquisition,OCSD shall recalculate N/A N/A N/A
monthly amount for each installment based on annual average
BOD and SS loadings.
2,(a), (2),(B) SAWPA may discontinue the acquisition of the increments of the N/A N/A N/A
Treatment and Disposal Right with a 15 day advance written
notice.
2,(a), (2),(C) If an additional increment is acquired following discontinuance of N/A N/A N/A
the acquisition of an increment, a credit equal to 75%(excluding
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interest is calculated as s ached in Section 2(a)(2).
2,(a), (3) SAWPA is obligated to pay any amount owed to OCSD whether or N/A N/A N/A
not OCSD provides an invoice to SAWPA.
3 Emergency Discharge SAWPA—Flow Policy,procedure or
SAWPA, in an operational emergency, may discharge in excess of monitoring data. emergency plan.
its then-existing Treatment and Disposal Right for up to 90 days,
provided that:
3,(a) SAWPA provides written notice prior to or by the next business SAWPA—Records
day identifying nature and duration of discharge and contact for and correspondence
further information. with OCSD.
3,(b) OCSD may impose conditions on excess discharge to protect OCSD—Reports and
OCSD's collection and treatment facilities. flow monitoring data.
3, c Disposal costs and a surcharge may apply. N/A N/A N/A
3,(d) SAWPA shall immediately acquire additional increments after 90 N/A N/A N/A
days of exceeding its Treatment and Disposal Right.
3,(a) "Operational emergency'shall mean an equipment breakdown or N/A N/A N/A
other malfunction.
4 Payment of Disposal Costs OCSD's Invoices and Confirm that SAWPA is N/A
SAWPA shall pay Disposal Costs quarterly based on projected SAWPA's payments. being billed quarterly.
wastewater discharges as calculated by OCSD. Adjustments for
flow,BOD and TSS are done annually.
5 Quality Criteria SAWPA—Procedures
SAWPA has an obligation to ensure compliance by all users who for inspecting
discharge directly or indirectly,to the SARI line.Compliance shall dischargers and
be measured at the Green River Metering Station. Direct and monitoring records.
Indirect Discharges shall comply with the 1991 MOU at their
on final point of discharge.
5,(a) OCSD reserves the right to impose reasonable discharge limits in WA OCSD did establish a N/A
lb./day in the future. BOD limit in Ibs/da .
5,(b) SAWPA shall furnish and periodically update, upon OCSD's SAWPA—Reports,
request,a list of all discharges into SAWPA's system with volume procedures for
and quality of such discharges. maintaining list,
SAWPA shall not without prior written consent from OCSD,make responsible person,
capacity in its system available to any person who was declined procedure for verifying
service from OCSD for inability to comply with OCSD's eligibility of new
requirements. dischargers.
5,(c) SAWPA shall establish, maintain and fund a quality monitoring SAWPA—Procedures, SAWPA's monitoring
program, acceptable to all parties,for Wastewater discharged BMPs and responsible budget and process.
from SAWPA to OCSD. I individuals .
5,(d) SAWPA shall comply with any additional discharge limits and/or Both—Communication
directives imposed on OCSD by EPA,Cal EPA or RWQCB. of OCSD's limits and
directives.
5,(a) SAWPA shall not discharge or allow the discharge of sludge to the SAWPA—Procedures
SARI. and BMPs.
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51(f) SAWPA may allow side stream flows from water treatment Both—request from
facilities in SAWPA's SARI service area to be discharged only SAWPA and response
after OCSD's written authorization. from OCSD.
6 Quality Violations SAWPA—Copy of SAWPA's plan in the
SAWPA is obligated to comply with OCSD's Ordinance. In the OCSD's latest event OCSD suspends
event of noncompliance, OCSD can,with 24 hr.notice,suspend ordinance on file. all discharges.
all or part of SAWPA's use of OCSD's facilities and its Treatment SAWPA's compliance
and Disposal Right. rocedures/verification.
6,(a) SAWPA shall,in the event of noncompliance, be subject to OCSD—Enforcement Did SAWPA receive
enforcement actions pursuant to all applicable federal,state and actions, NOVs,Orders, any enforcement
local laws and pay OCSD for repairs,investigation and etc. letters, paid fines,etc.9
administrative overhead.
7 Reclaimable Wastewater SAWPA—Procedure Additional efforts by
SAWPA shall in good faith, make reasonable efforts to minimize to prevent reclaimable SAWPA in the past
direct and indirect Reclaimable Wastewater discharges. wastewater fiscal year.
discharges.
8 Metes SAWPA—Record of Review data and
SAWPA shall pay the cost of maintaining and replacing the meter flow monitoring data records on meter
at the Green River Metering Station. If meter malfunction,flow and records. maintenance and
shall be estimated using the average flows of 3 previous months. repair.
SAWPA shall repair the flow meter within a reasonable time.
9 Assignment SAWPA—Awareness SAWPA's handling of
SAWPA shall be the public entity having primary responsibility for of Agreement and liability and obligation in
regional reallocation, in the area upstream from the OCSD,of its procedure to assign the case delegated.
Treatment and Disposal Right. Treatment and
Agreement shall not be transferred or assigned without OCSD's Disposal Right.
written consent.
SAWPA can assign a portion of the Treatment and Disposal Right
as long as it does not affect SAWPA's liabilities and obligations to
OCSD.
10 Fees/Charges N/A N/A N/A
SAWPA is obligated to pay any fees established by OCSD for
capital assessments, California health and Safety Code section
5470 at seg.
11 Protection of OCSD Facilities Both—SAWPA's SAWPA's procedure or
SAWPA shall,at its sole expense,prevent the discharge of Procedures to emergency plan in the
Wastewater to the SARI from the Stringfellow Treatment Facility or prevent/diverting event of diversion.
from other sources that OCSD determines may adversely affect discharge from
the operation at OCSD's Plant 1. Stringfellow and other
OCSD shall provide written notice,as soon as possible,to sources with negative
SAWPA to temporally divert to Plant 1 when necessary. impact on OCSD
OCSD shall provide,during diversions,a temporary discharge plants.
location for the discharge by SAWPA ofthe wastewater discharge OCSD—Notice and
from the Shin fellow Treatment Facility to OCSD's facilities. alternative for
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discharging.
12 Acts of God Both.
Neither party is liable for failure to comply by reason of flood,fire,
earthquake or act of God. Due diligence must be exercised and
repair costs shall be shared based on capacity.
13 Arbitration Both.
In the event of a dispute,the issues of dispute shall be submitted
to arbitration.
14 Attorney Fees Both.
Each a shall a its own costs and attorney fees.
15 1972 Agreement Both.
The 1996 Agreement supersedes the 1972 Agreement. The 8
MGD previously acquired under the 1972 agreement are deemed
to have been acquired under the 1996 Agreement.
16 Integration Both—Copy of 1991
Nothing in this 1996 Agreement shall affect the terms of the April MOU on file.
1, 1991 MOU.
17 Modifications Both—Communication
This Agreement shall not be changed,modified or supplemented regarding requested
except in a writing signed by all parlies. changes to
Agreement.
18 No Waiver Both—Awareness of
No delay or omission in the exercise of any right or remedy shall Agreement.
impair such right or remedy or be construed as a waiver.
Delay and omissions shall not be construed as a waiver. Waivers
must be in writing.
19 Headings Both—Awareness of
Headings are not part of this Agreement. Agreement.
20 Severability Both—Awareness of
If any portion of the Agreement is determined invalid,illegal or Agreement.
unenforceable,such provision shall be severable from the rest of
the Agreement without affecting the rest of the Agreement.
21 Notices Both—Awareness of
All notices and communication shall be addressed to the GM(of Agreement. Records
OCSD or SAWPA)in writing and shall be personally delivered or of previous
mailed registered or certified mail, return receipt requested,and correspondence.
postage prepaid.
22 Interpretation of Governing Law Both—Awareness of
Agreement is construed and enforced in accordance with the laws Agreement.
of the Sate of California.
23 Counterparts and Executions Both—Awareness of
Agreement may be executed in multiple counterparts. A reement.
24 Limitation on Discharge SAWPA—Awareness List of exceptions.
SAWPA shall not allow,except to the extend connections ofA reement.
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presently exist,directly or indirectly,the discharge to the SARI of
any wastewater originating outside SAWPA's SARI Service Area,
unless SAWPA first obtains OCSD's written approval of such
discharge.
25 Termination Both-Awareness of
A reement ex ires on A ril 12,2046. Agreement.
26 Third Party Beneficiaries Both—Awareness of
No benefit to third party is intended in this Agreement. Agreement.
27 SARI Capacity Rights Both—Awareness of
Nothing in this Agreement shall be deemed to create any right of Agreement.
SAWPA to capacity in the SARI, nor any obligation of OCSD to
provide such capacity.
28 Stormwater Discharges SAWPA—Awareness
SAWPA shall take all reasonable steps necessary to ensure that of Agreement,
stormwater is not discharged into the SARI. Stormwater discharge procedures and BMPs.
to the SARI is not authorized.
29 Interest N/A N/A N/A
If SAWPA fails to make payment within 45 days from the date of
an OCSD's invoice, 1.5%interest rate will be charged.
30 Changes in Fees/Charges N/A N/A N/A
If fundamental changes are adopted for calculating fees and
charges, OCSD and SAWPA agree to negotiate in good faith new
equitable fees and charges.
31 Meet and Confer Both—Awareness of
OCSD and SAWPA shall meet and confer within one year form the Agreement.
effective date of the Agreement to determine whether this
Agreement is functioning as anticipated and to resolve any issues.
OCSD and SAWPA may meet at any other time during the term of
this Agreement toward the same end.
32 Notice Re Continuing Guaranty Correspondence. Does SAWPA perform N/A
SAWPA shall,on or before July 1 of each year,provide written this activity?
notice to OCSD allocating among SAWPA's members the
respective percentages of SAWPA's total liability to OCSD for
which each SAWPA member is agency is guaranteeing payment.
"Note: "Responsible Parry"designates the agency(ies)responsible for taking action under the Agreement Section.
• OCSD,
• SAWPA,
• Both(both agencies; OCSD and SAWPA),or
• Neither
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