The URL can be used to link to this page

Home My WebLink About01/06/2009, C8 - PRETREATMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CALIFORNIA POLYTECHNIC STATE UNIVERS council � - j acEnba REpopm 1W.N..,6�OQ CITY O F SAN LUIS O B I S P O FROM: Carrie Mattingly, Utilities Director Prepared By: Aaron Floyd, Industrial Waste Manager SUBJECT: PRETREATMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CALIFORNIA POLYTECHNIC STATE UNIVERSITY CAO RECOMMENDATION Authorize the Mayor to execute the Pretreatment Agreement between the City of San Luis Obispo and California Polytechnic State University. DISCUSSION The City of San Luis Obispo serves California Polytechnic State University (Cal Poly) for water and sewer services via agreement because the University lies outside the City limits. Cal Poly also has an industrial user permit and pretreatment Memorandum of Understanding (MOU) with the City allowing the City to regulate and monitor the numerous industrial and non-domestic activities that occur at the University. These activities include, but are not limited to: dairy processing and cheese making, printed circuit board manufacturing, laboratory activities, and numerous restaurants and food processing facilities. The City's pretreatment program staff inspects and monitors these facilities at Cal Poly to ensure that industrial discharges-do not damage or result in violations to the City's collection system, Water Reclamation Facility (WRF) or cause injury to City personnel who work in these areas. During a recent Pretreatment Compliance Inspection conducted by the Environmental Protection Agency (EPA), it was noted the City's existing pretreatment MOU with Cal Poly had not been updated since March 1, 1983 and was inadequate. The compliance inspection team required the City to formally review its inter jurisdictional agreements and make appropriate revisions. An agreement, along with a discharge permit, is required to ensure the City has adequate legal authority to implement and enforce the pretreatment program outside of its jurisdiction. In response, the City and Cal Poly have worked together to draft a pretreatment agreement (Attachment). The proposed pretreatment agreement will be reviewed and revised as necessary to ensure compliance with all applicable rules and regulations, but at least every five years or concurrent with the terms of the Cal Poly Discharge Permit. This agreement has also been reviewed by the EPA. The Code of Federal Regulations (CFR) requires that every Publicly Owned Treatment Works (POTW) subject to the national pretreatment program has the necessary legal authority to apply and enforce the Clean Water Act. A POTW is defined as the City's entire wastewater system; including the WRF and the wastewater collection system. The City is required by the CFR to have adequate legal authority to control pollutant contributions to the POTW, and require Pretreatment Agreement with Cal Poly Page 2 compliance with the applicable pretreatment standards. This pretreatment agreement meets these requirements. The City has been required to have a pretreatment program since 1983 and has over 300 permitted facilities. FISCAL IMPACT There is no fiscal impact associated with executing this Pretreatment Agreement. ATTACHMENT Pretreatment Agreement between the City of San Luis Obispo and California Polytechnic State University G:\CAR Reports\2009 Council Agenda Reports\Cal Poly Aggreement.CAR.doc p Attachment) PRETREATMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CALIFORNIA POLYTECHNIC STATE UNIVERSITY This Pretreatment Agreement("Agreement") is entered into this day of January, 2009, between the City of San Luis Obispo, (hereinafter referred to as "CITY"), and CALIFORNIA POLYTECHNIC STATE UNIVERSITY at San Luis Obispo, (hereinafter referred to as "UNIVERSITY". WITNESSETH: WHEREAS, the CITY owns and operates the collection system and Water Reclamation Facility (35 Prado Road, San Luis Obispo, CA 93401) which meet the Federal definition of "Publicly Owned Treatment Works" (POTW) per Title 40, Code of Federal Regulations, part 403, section 3(q), (40 CFR 403.3(q). WHEREAS the CITY administers a pretreatment program and is required per 40 CFR 403.8(f)(1) to have legal authority to enforce the requirements of sections 307(b) and (c), and 402(b)(8) of the Clean Water Act and require compliance with the Pretreatment Standards by all Industrial Users through statute,ordinance,or agreements. WHEREAS, the UNIVERSITY is an Industrial User located outside of the CITY limits and legal jurisdiction of the City. WHEREAS, this Agreement is to ensure the CITY is provided with the legal authority required under 40 CFR 403.8(f)(1)to regulate the discharge of non-domestic wastes from the UNIVERSITY to the CITY's POTW. WHEREAS, this Agreement is in part based on the Memorandum of Understanding between the City of San Luis Obispo and California Polytechnic State University Regarding Pretreatment dated February 18, 1983, the provisions of which are hereby incorporated by this reference. NOW THEREFORE, CITY and UNIVERSITY agree to the following terms and conditions for regulation of non-domestic wastewater and implementation of pretreatment program requirements at the UNIVERSITY: INDUSTRIAL WASTE AND WASTEWATER PRETREATMENT (A) The State Regional Water Quality Control Board (RWQCB)requires the CITY, under the National Pollutant Discharge Elimination System (NPDES) permit for the Water Reclamation Plant, to administer a wastewater pretreatment program as outlined in 40 CFR 403, State laws and Page 1 of 3 �� -_ Attachments I i regulations and the San Luis Obispo City Municipal Code, Chapter 13.08 (Sewer Use Ordinance). All sewer users on the UNIVERSITY property are subject to these regulations. (B) Whenever the CITY revises its Sewer Use Ordinance, it will forward a copy of the revisions to the UNIVERSITY's Environmental Health & Safety Office. (C) The UNIVERSITY agrees to comply with all provisions, directives and orders of the CITY's current, or as hereafter amended, Sewer Use Ordinance, State-approved Pretreatment Program, and 40 CFR 403, and the Industrial Waste Discharge Permit issued to the UNIVERSITY by the CITY. (D) The UNIVERSITY shall identify and provide_ the City all locations of industrial waste discharges at the UNIVERSITY. (E) The UNIVERSITY shall inspect and document all industrial activities at the UNIVERSITY that may result in an industrial waste discharge to the sewer. (F) The UNIVERSITY will notify the CITY immediately of any accidental or slug discharge to the sewer. (G) The UNIVERSITY shall notify the CITY immediately of any new industrial processes and changes in wastewater discharge that may impact the CITY's POTW. (I) The UNIVERSITY shall allow and facilitate any authorized officer or employee of the CITY to enter and inspect at any reasonable time, any part of the campus or the sewer system of the UNIVERSITY. The right of inspection shall include, but not be limited to, on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing, and access to (with the right to copy)all pertinent compliance records located on the premises of the UNIVERSITY. (I) Where a discharge to the CITY's POTW presents an imminent danger to the health and welfare of persons, the environment, or threatens operation of the POTW or causes violation of the NPDES Permit, the UNIVERSITY shall immediately initiate steps to identify the source of the discharge,and to halt or prevent said discharge. (.I) By resolution,the CITY will establish and maintain fees, which maybe adjusted as needed by the CITY Council, for activities performed under this program and to which UNIVERSITY agrees that it is subject, as such fees are applied to industrial users. (K) This Agreement will be reviewed and revised to ensure compliance with the Federal Clean Water Act and the rules and regulations (40 CFR Part 403) issued thereunder; as necessary, but at least every five years or concurrent with the term of the UNIVERSITY's Industrial Waste Discharge Permit. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Page 2 of 3 C v �� Attachment) ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Audrey Hooper, City Clerk David F. Romero,Mayor APPROVED AS TO FORM: Lowell,City Attorney CONCUR: UNIVERSITY: . Dennis Elliot Matthew Roberts,Director Manager of Engineering and Utilities Contract and Procurement Services Cal Poly Facility Services Page 3 of 3