HomeMy WebLinkAboutSteering Agenda Item 3 SAWPA REPORT Appendix C1
OCSD/SAWPA 7/24/1996 WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
FINAL – 8/30/2012
Agreement Section Summary of Requirements and SAWPA Responsibility Responsible
Party(ies)*
Documents/Evidence
Comments Findings
1 Treatment and Disposal Rights
1, (a) Grant of Right
OCSD grants and conveys to SAWPA a Treatment and Disposal
Right.
Both - Copy of
Agreement on file
1, (b) Nature of Treatment and Disposal Right
SAWPA has no right to use any particular existing or expanded
OCSD facility. OCSD has sole discretion with regard to treatment
and disposal of waste.
Both – Copy of
Agreement on file.
1, (c) Quantity of Treatment and Disposal Right
SAWPA may acquire Treatment and Disposal Right in increments
for an ultimate Treatment and Disposal Right of 30 MGD.
SAWPA - Flow
monitoring data and
reports.
Confirm the 17 MGD
purchase.
1, (c), (1) OCSD’s connection charges were subject to review in 1996.
When connection charges are reduced, a credit is issued.
N/A N/A N/A
1. (d) Effective Date and Term of Right
SAWPA’s Treatment and Disposal Right shall continue in effect
until April 12, 2046.
In 2041, good faith negotiations shall be undertaken between
SAWPA and OCSD for SAWPA to join OCSD as a co-equal
participant in OCSD’s Joint Ownership Operation and Construction
Agreement or any agreement which shall supersede or replace it.
Both – Awareness of
this requirement and
plan to ensure
continuity.
2 Capital Payments
2, (a), (1) SAWPA shall pay a sum equal to OCSD’s existing Treatment and
Disposal Right charge for each 1 MGD Monthly Average Flow
increment.
N/A N/A N/A
2, (a), (1), (A) SAWPA shall acquire sufficient additional increments of the
Treatment and Disposal Right so that its total Treatment and
Disposal Right exceeds that Monthly Average Flow.
N/A N/A N/A
2, (a), (2) SAWPA may elect to pay for an additional increment(s) of the
Treatment and Disposal Right over a 10 year period. An interest
rate would apply.
N/A N/A N/A
2, (a), (2), (A) If SAWPA elects installment acquisition, OCSD shall recalculate
monthly amount for each installment based on annual average
BOD and SS loadings.
N/A N/A N/A
2, (a), (2), (B) SAWPA may discontinue the acquisition of the increments of the
Treatment and Disposal Right with a 15 day advance written
notice.
N/A N/A N/A
2, (a), (2), (C) If an additional increment is acquired following discontinuance of
the acquisition of an increment, a credit equal to 75% (excluding
N/A N/A N/A
2
interest) is calculated as specified in Section 2(a)(2).
2, (a), (3) SAWPA is obligated to pay any amount owed to OCSD whether or
not OCSD provides an invoice to SAWPA.
N/A N/A N/A
3 Emergency Discharge
SAWPA, in an operational emergency, may discharge in excess of
its then-existing Treatment and Disposal Right for up to 90 days,
provided that:
SAWPA – Flow
monitoring data.
Policy, procedure or
emergency plan.
3, (a) SAWPA provides written notice prior to or by the next business
day identifying nature and duration of discharge and contact for
further information.
SAWPA – Records
and correspondence
with OCSD.
3, (b) OCSD may impose conditions on excess discharge to protect
OCSD’s collection and treatment facilities.
OCSD – Reports and
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
days of exceeding its Treatment and Disposal Right.
N/A N/A N/A
3, (e) “Operational emergency” shall mean an equipment breakdown or
other malfunction.
N/A N/A N/A
4 Payment of Disposal Costs
SAWPA shall pay Disposal Costs quarterly based on projected
wastewater discharges as calculated by OCSD. Adjustments for
flow, BOD and TSS are done annually.
OCSD’s Invoices and
SAWPA’s payments. Confirm that SAWPA is
being billed quarterly. N/A
5 Quality Criteria
SAWPA has an obligation to ensure compliance by all users who
discharge directly or indirectly, to the SARI line. Compliance shall
be measured at the Green River Metering Station. Direct and
Indirect Discharges shall comply with the 1991 MOU at their
original point of discharge.
SAWPA – Procedures
for inspecting
dischargers and
monitoring records.
5, (a) OCSD reserves the right to impose reasonable discharge limits in
lb./day in the future.
N/A OCSD did establish a
BOD limit in lbs/day.
N/A
5, (b) SAWPA shall furnish and periodically update, upon OCSD’s
request, a list of all discharges into SAWPA’s system with volume
and quality of such discharges.
SAWPA shall not without prior written consent from OCSD, make
capacity in its system available to any person who was declined
service from OCSD for inability to comply with OCSD’s
requirements.
SAWPA – Reports,
procedures for
maintaining list,
responsible person,
procedure for verifying
eligibility of new
dischargers.
5, (c) SAWPA shall establish, maintain and fund a quality monitoring
program, acceptable to all parties, for Wastewater discharged
from SAWPA to OCSD.
SAWPA – Procedures,
BMPs and responsible
individual(s).
SAWPA’s monitoring
budget and process.
5, (d) SAWPA shall comply with any additional discharge limits and/or
directives imposed on OCSD by EPA, Cal EPA or RWQCB.
Both – Communication
of OCSD’s limits and
directives.
5, (e) SAWPA shall not discharge or allow the discharge of sludge to the
SARI.
SAWPA – Procedures
and BMPs.
3
5, (f) SAWPA may allow side stream flows from water treatment
facilities in SAWPA’s SARI service area to be discharged only
after OCSD’s written authorization.
Both – request from
SAWPA and response
from OCSD.
6 Quality Violations
SAWPA is obligated to comply with OCSD’s Ordinance. In the
event of noncompliance, OCSD can, with 24 hr. notice, suspend
all or part of SAWPA’s use of OCSD’s facilities and its Treatment
and Disposal Right.
SAWPA – Copy of
OCSD’s latest
ordinance on file.
SAWPA’s compliance
procedures/verification.
SAWPA’s plan in the
event OCSD suspends
all discharges.
6, (a) SAWPA shall, in the event of noncompliance, be subject to
enforcement actions pursuant to all applicable federal, state and
local laws and pay OCSD for repairs, investigation and
administrative overhead.
OCSD – Enforcement
actions, NOVs, Orders,
etc.
Did SAWPA receive
any enforcement
letters, paid fines, etc.?
7 Reclaimable Wastewater
SAWPA shall in good faith, make reasonable efforts to minimize
direct and indirect Reclaimable Wastewater discharges.
SAWPA – Procedure
to prevent reclaimable
wastewater
discharges.
Additional efforts by
SAWPA in the past
fiscal year.
8 Metering
SAWPA shall pay the cost of maintaining and replacing the meter
at the Green River Metering Station. If meter malfunction, flow
shall be estimated using the average flows of 3 previous months.
SAWPA shall repair the flow meter within a reasonable time.
SAWPA – Record of
flow monitoring data
and records.
Review data and
records on meter
maintenance and
repair.
9 Assignment
SAWPA shall be the public entity having primary responsibility for
regional reallocation, in the area upstream from the OCSD, of its
Treatment and Disposal Right.
Agreement shall not be transferred or assigned without OCSD’s
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.
SAWPA – Awareness
of Agreement and
procedure to assign
Treatment and
Disposal Right.
SAWPA’s handling of
liability and obligation in
the case delegated.
10 Fees/Charges
SAWPA is obligated to pay any fees established by OCSD for
capital assessments, California health and Safety Code section
5470 et seq.
N/A N/A N/A
11 Protection of OCSD Facilities
SAWPA shall, at its sole expense, prevent the discharge of
Wastewater to the SARI from the Stringfellow Treatment Facility or
from other sources that OCSD determines may adversely affect
the operation at OCSD’s Plant 1.
OCSD shall provide written notice, as soon as possible, to
SAWPA to temporally divert to Plant 1 when necessary.
OCSD shall provide, during diversions, a temporary discharge
location for the discharge by SAWPA of the wastewater discharge
from the Stringfellow Treatment Facility to OCSD’s facilities.
Both – SAWPA’s
Procedures to
prevent/diverting
discharge from
Stringfellow and other
sources with negative
impact on OCSD
plants.
OCSD – Notice and
alternative for
SAWPA’s procedure or
emergency plan in the
event of diversion.
4
discharging.
12 Acts of God
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.
Both.
13 Arbitration
In the event of a dispute, the issues of dispute shall be submitted
to arbitration.
Both.
14 Attorney Fees
Each party shall pay its own costs and attorney fees.
Both.
15 1972 Agreement
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.
Both.
16 Integration
Nothing in this 1996 Agreement shall affect the terms of the April
1, 1991 MOU.
Both – Copy of 1991
MOU on file.
17 Modifications
This Agreement shall not be changed, modified or supplemented
except in a writing signed by all parties.
Both – Communication
regarding requested
changes to
Agreement.
18 No Waiver
No delay or omission in the exercise of any right or remedy shall
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.
Both – Awareness of
Agreement.
19 Headings
Headings are not part of this Agreement.
Both – Awareness of
Agreement.
20 Severability
If any portion of the Agreement is determined invalid, illegal or
unenforceable, such provision shall be severable from the rest of
the Agreement without affecting the rest of the Agreement.
Both – Awareness of
Agreement.
21 Notices
All notices and communication shall be addressed to the GM (of
OCSD or SAWPA) in writing and shall be personally delivered or
mailed registered or certified mail, return receipt requested, and
postage prepaid.
Both – Awareness of
Agreement. Records
of previous
correspondence.
22 Interpretation of Governing Law
Agreement is construed and enforced in accordance with the laws
of the Sate of California.
Both – Awareness of
Agreement.
23 Counterparts and Executions
Agreement may be executed in multiple counterparts.
Both – Awareness of
Agreement.
24 Limitation on Discharge
SAWPA shall not allow, except to the extend connections
SAWPA – Awareness
of Agreement.
List of exceptions.
5
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
Agreement expires on April 12, 2046.
Both - Awareness of
Agreement.
26 Third Party Beneficiaries
No benefit to third party is intended in this Agreement.
Both – Awareness of
Agreement.
27 SARI Capacity Rights
Nothing in this Agreement shall be deemed to create any right of
SAWPA to capacity in the SARI, nor any obligation of OCSD to
provide such capacity.
Both – Awareness of
Agreement.
28 Stormwater Discharges
SAWPA shall take all reasonable steps necessary to ensure that
stormwater is not discharged into the SARI. Stormwater discharge
to the SARI is not authorized.
SAWPA – Awareness
of Agreement,
procedures and BMPs.
29 Interest
If SAWPA fails to make payment within 45 days from the date of
an OCSD’s invoice, 1.5% interest rate will be charged.
N/A N/A N/A
30 Changes in Fees/Charges
If fundamental changes are adopted for calculating fees and
charges, OCSD and SAWPA agree to negotiate in good faith new
equitable fees and charges.
N/A N/A N/A
31 Meet and Confer
OCSD and SAWPA shall meet and confer within one year form the
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.
Both – Awareness of
Agreement.
32 Notice Re Continuing Guaranty
SAWPA shall, on or before July 1 of each year, provide written
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.
Correspondence. Does SAWPA perform
this activity? N/A
*Note: “Responsible Party” designates the agency(ies) responsible for taking action under the Agreement Section.
OCSD,
SAWPA,
Both (both agencies; OCSD and SAWPA), or
Neither