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HomeMy WebLinkAboutSteering Agenda Item 3 SAWPA REPORT Appendix B 1 OCSD/SAWPA 1991 MOU Requirements, Responsibilities and Practices FINAL – 8/30/2012 MOU Section Summary of Requirements Responsible Party(ies)* - Documents/Evidence Comments Findings 1 General Requirements SAWPA shall continue to exercise jurisdiction and control over all dischargers located within SAWPA’s territorial boundaries in the Upper Basin 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 permits and enforce violations of permit requirements. SAWPA - Industrial Waste Survey, Permits for all SIUs (CIUs and Non-CIUs) Provide evidence that all dischargers that should be permitted are permitted 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 perform inspections. SAWPA – NOVs issued, correspondence with dischargers and OCSD, Enforcement Response Plan, Enforcement Response Guide, inspection reports, Significant non-Compliance (SNC) determination. Provide evidence of enforcement actions performed for violations identified consistent with 40 CFR 403 and EPA Guidance 1. E-3 Collect any non-compliance fines, fees, user charges, taxes, capital recovery fees, and other lawful charges as levied by SAWPA. SAWPA - Connection fee program and surcharge program. Provide evidence that IUs are being properly charged/fined and sufficient costs are being recovered to administer the pretreatment program 2 1. E-4 Prepare and submit appropriate quarterly and annual reports pertaining to the administration of Ordinance No. 1 and the MOU to the EPA, RWQCB and OCSD. SAWPA - Pretreatment reports submitted quarterly and yearly. Provide evidence that all required reports are complete and are being submitted to the appropriate agency on time 2 Permitting Procedures 2, A Prior to issuing permits to direct and indirect dischargers, require permit applications, prepare draft permits, and submit both to OCSD for their review and concurrence. SAWPA - Permit applications, draft permits, P&P and QA/QC documents, fact sheets and correspondence with OCSD. Provide evidence that this process is being followed properly and concurrence is being received by OCSD prior to issuing permits. 2, B Notification to Users of the conditions of Ordinance No. 1 and MOU requirements. SAWPA – Procedure for informing existing permit holders of any additional requirements as a result of changes to its Ordinance or for entering into new agreements. Although Ordinance No.1 was updated and a new agreement went into effect in 1996, nonetheless, SAWPA should have notified users of Ordinance No. 1 and MOU requirements. 2, C Require Users connected to the SARI system without a permit to obtain a permit. SAWPA – Procedures for permitting existing users, industrial waste survey and permit examples. Once the MOU became effective, SAWPA had 30 days to notify dischargers of the new requirements and 30 days thereafter to demand compliance. 2, D Authority to change permit conditions and prompt notification of changes between parties. SAWPA may elect to impose more stringent discharge requirements. SAWPA - Correspondence between parties and evidence of permit changes. Provide evidence of permit changes and correspondence between parties for notification. 2, E Copies of all permits, renewed and modified permits, signed by SAWPA, shall be forwarded to OCSD within 15 days of issuance. SAWPA - List of permits, copies of permits and correspondence with OCSD. Compare permits received vs. permits issued. 3 Monitoring 3, A Scheduled and unscheduled monitoring of all direct and indirect dischargers tributary to the SARI system. SAWPA - Monitoring/sampling schedule and data. OCSD can conduct its own monitoring but must ask SAWPA for the info first. Provide evidence of monitoring direct and indirect dischargers. 3 3, B Optional self-monitoring program for discharger. SAWPA must provide OCSD with self- monitoring results SAWPA - Provided evidence of self-monitoring such as Self- Monitoring Reports and/or Forms to OCSD. SAWPA’s correspondence with dischargers. SAWPA shall include such self- monitoring program in the Permit requirements. The self-monitoring program shall be approved by OCSD. 3, C Each party shall provide copies of reports for all monitoring, sampling or laboratory testing on dischargers in the Upper Basin. Both - Monitoring/sampling reports. Provide evidence of report sharing. Compare required reports vs. reports received. 3, D Except in an emergency, OCSD must notify SAWPA at least 24 hours in advance before conducting its own monitoring. OCSD - Notification Evidence of any past monitoring. 4 Inspection 4, A Maintain and implement an inspection program and document inspections with a written report. SAWPA - Report of IU inspection findings and inspection schedule. Provide evidence of inspections performed in accordance with the “State of California Pretreatment Program Implementation Guidance” manual and reports submitted. 4, B Immediate notification of any discharge which presents an imminent danger to the public health, safety or welfare, or which threatens to interfere with the operation of OCSD. Both – P&P and correspondence between SAWPA and OCSD. Provide evidence of notification of a qualifying discharge. SAWPA and OCSD to notify each other immediately when either agency becomes aware of a discharge from SAWPA’s area that may present an imminent danger to the public health, safety or welfare, or which threatens to interfere with the operation of OCSD. 4, C Inspection frequencies are dependent upon the type of discharger. In no event shall inspections be conducted less than twice annually or less than the minimum number required by Federal Regulations. OCSD may participate in inspections arranged by SAWPA. SAWPA - List of facilities, inspection frequency and inspection dates for dischargers. Provide evidence of inspections performed. Provide justifications for inspection frequencies. 4 4, D OCSD may initiate an inspection of the Upper Basin. OCSD to initiate. SAWPA’s records of inspections by OCSD. OCSD to notify SAWPA by telephone, confirmed in writing or by electronic telecommunication (FAX). OCSD to give SAWPA a 24 hr. notice except in the case of an emergency. 5 Reporting 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 on point sources relating to discharge, quality, monitoring. Inspection and enforcement. 5, A Monthly activity report detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. SAWPA - Reports submitted to OCSD and related correspondence with OCSD. Provide evidence of monthly reports submitted. 5, B Provide copies of enforcement correspondence. SAWPA - Enforcement correspondence Provide evidence of enforcement correspondence. 5, C Monthly flow and quality data for the discharge to the OCSD system and monitoring station. SAWPA - Flow and quality data. Provide evidence of flow and quality data provided to OCSD. 5, D Quarterly report and Annual report of summary of items discussed above. SAWPA - Quarterly and annual reports Provide evidence of quarterly and annual reports submitted to OCSD. 6 Enforcement 6, A Responsible for enforcing all waste discharge policies and procedures to all permit terms and conditions See 1 E-2 See 1 E-2 6, B Inform OCSD of all dischargers in non-compliance and the actions to be taken to enforce the provisions SAWPA - Correspondence with OCSD and OCSD copied on NOVs issued. Provide evidence that OCSD was notified of all non-compliances and actions taken. 6, C Require all member agencies who discharge to the SARI system to enter into an inter-jurisdictional agreement with SAWPA to implement a pretreatment SAWPA - MOU between SAWPA and Member agencies and any other documented agreements or actions. Provide evidence that all member agencies who discharge into the SARI system have entered into an agreement to implement a pretreatment program. 5 program. Obligation to comply with Federal requirements. Amending Ordinance to ensure continuous compliance with Federal requirements. Communication of changes affecting SAWPA. SAWPA and each of its member agencies assume all obligations set forth in Title 40 CFR, Part 403 including notification of pertinent categorical standards, monitoring and reporting. SAWPA will amend its Ordinance to comply with the new Federal requirements in the event of amendment(s) to applicable Federal statutes or regulations. OCSD shall advise SAWPA or any changes in the OCSD pretreatment requirements affecting SAWPA. Evaluation of discharger categorical classification, inspections and reports. 6, D Review of SAWPA Ordinance and amendments and activities to ensure conformance with Federal regulations. OCSD shall review SAWPA’s Ordinance and any inter- jurisdictional agreements for conformance with 40 CFR Part 403. OCSD may periodically review SAWPA’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. Reports of OCSD’s review or remedial plans. 6 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 comply with the remedial plan. 7 Enforcement Process by OCSD 7. A If SAWPA does not take appropriate enforcement actions, OCSD with notification to SAWPA may cause enforcement actions. OCSD shall send written notice to SAWPA. 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. Documentation relating to enforcement. 7. B Steps to be taken in the case of danger to the SARI line, OCSD or OCSD may immediately initiate steps to identify source Correspondence and documented actions taken. 7 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