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