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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