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Home My WebLink About04/19/1988, C-10 - AMENDMENT TO THE CITY/COUNTY AIRPORT WATER AND SEWER AGREEMENT illll�ly�ln'llllllll,n II MEETING DATE: MW lulll�=ul�ll�l CIv! O San LUIS OBISPO A ri1 5, 1918 COUNCIL AGENDA REPORT ITEM NUMBE FROM: David F. Romero, Director Prepared By: William T. Hetland 1 ;I Public Works Department Utilities manager SUBJECT: Amendment to the City/County Airport Water and Sewer Agreement CAO RECOMMENDATION: Adopt by resolution amendment to the City/County Airport Water and Sewer Agreement relating to implementation .of pretreatment program regulations. BACKGROUND: One of the requirements placed on the City when it received grant funds for the construction of its wastewater treatment plant improvements was to implement a pretreatment program. The pretreatment program monitors and regulates the discharge of industrial and commercial wastewater discharges into the City system that may have deterimental effects on the treatment plant or cause the City to violate it's waste discharge requirements. The City instituted the program in 1983 and amended the Municipal Code outlining the authority of the program. Council also established a position of Industrial Waste Inspector to administer the program. The City also has an agreement with the County of San Luis Obispo to provide water and sewer service to the County airport for airport related services. This agreement was adopted by the Council in 1977. The agreement requires the County to adhere to all City regulations relating to water and sewer service. The Regional Water Quality- Control Board. included as a requirement in the City's waste discharge requirements that the City enter into a separate agreement with the County that implements and enforces all elements of the the City's pretreatment program. The City argued that the current agreement and code already does this. The Regional Board staff did not agree. Since the City did not adopt an .agreement, the Board had extended the deadline for the agreement and even included it as an additional item in the Cease and Desist order issued to the City for other violations of its waste discharge requirements. The City has been pursuing an agreement with the County since this last summer. A number of meetings have been held working out the details of the wording of the agreement. The County is also interested in amending the agreement to expand the service area covered in the agreement primarily to upgrade fire protection. The two staffs have been attempting to" resolve that issue. The City has enforced its pretreatment standards at the County Airport and has received the complete cooperation of the County staff in the enforcement of those standards since the implementation of the program. At no time has there been any violation of the federal, state or local standards, city of San Wlb OBispo Njj% COUNCIL AGENDA REPORT Airport Agreement Page Two By letter previously distributed to the Council, the Regional Board has required the City to approve an agreement by April 11, 1988 or face significant penalties. The approved agreement shall then be submitted to the Regional Board by April 14, 1988, and the County shall approve the agreement and transmit it to the City by April 26, 1988. The City is to submit the approved City/County agreement to the Regional Board by May 2, 1988. The attached amendment to the Water and Sewer agreement for the Airport requires the County to implement the pretreatment program. The issue of expanding the service area at the airport is not part of this amendment and will be addressed at a later date. . Recommendation Staff recommends that Council adopt by resolution the amendment to the Sewer and Water Agreement to include implementation of the City's pretreatment program. airpotagt/ bill"b" RESOLUTION NO. (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY/COUNTY AIRPORT WATER AND SEWER AGREEMENT WHEREAS, the City of San Luis Obispo provides water and sewer service to the County Airport under an existing agreement; and WHEREAS, the City of San Luis Obispo has an industrial pretreatment program to regulate industrial and commercial discharges to the City system. NOW, THEREFORE BE IT RESOLVED, the City adopts an amendment to the City/County Airport Water and Sewer agreement relating to implementation of the industrial pretreatment program. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1988. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES 6L/0-3 AMENDMENT TO WATER AND SEWER AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO This Amendment to Agreement is entered into this day of 1988, between CITY OF SAN LUIS OBISPO and COUNTY OF SAN LUIS OBISPO (hereinafter CITY and COUNTY, respectively) . RECITALS Whereas, CITY owns and operates a wastewater treatment system, and Whereas, COUNTY currently utilizes this wastewater treatment system for the San Luis Obispo County Airport pursuant to the Water and Sewer Agreement between CITY and COUNTY dated November 7 , 1977 ; and Whereas, CITY has implemented an industrial pretreatment program pursuant to conditions It contained in its discharge permit, Permit #CA0049224 , issued by the California Regional Water Quality Control Board; and Whereas, COUNTY desires to continue to utilize the wastewater treatment system and recognizes its industrial waste control obligations under 40 CFR 403 and the City's Pretreatment Program; Whereas, .CITY recognizes that COUNTY is a governmental entity which also runs wastewater treatment programs and projects, and is capable of managing the Airport wastewater program. THEREFORE, in consideration of the following terms and conditions, CITY and COUNTY agree to amend the Water and Sewer Agreement to add Section 13 under "County Agrees To: " to include the City's Sewer Regulations and Pretreatment .Program as follows: 13 . City Sewer Regulations and Pretreatment Program A. Conform to the City's current, or as may hereafter be Amended, Sewer Regulations (City Municipal Code, Chapter. 13 . 08 "Sewer") and Pretreatment Program which meet the legal requirements contained in the Federal Pretreatment Regulations (40 CFR Part 403) and which incorporate any other legal authorities specifically mandated by this Agreement or otherwise necessary to implement procedures outlined in this Agreement or in the Federal Pretreatment Regulations. B. Allow CITY to have access at reasonable times to COUNTY airport sewer facilities for .the purpose of monitoring compliance with theaforesaid wastewater requirements. COUNTY agrees to promptly take steps to rectify any non-compliance situations brought to its attention. In the event CITY incurs any expenses on account of a non-compliance situation at COUNTY s Airport, COUNTY agrees to reimburse CITY for same upon submittal of written invoice to COUNTY Airport Manager. The COUNTY Airport Manager shall be responsible for enforcement of the pretreatment program. -2- C. Allow any authorized officer or employee of CITY to enter and inspect at any reasonable time any part of the sewer system of San Luis Obispo County Airport. The right of entry and inspection shall extend to public streets, easement and property within which the system is located. CITY shall make all necessary legal and administrative arrangements for these inspections. The right of inspection shall include on-site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing and access to (with the right to copy) all pertinent compliance records of the County. D. Where a discharge to the wastewater treatment system reasonably appears to present an imminent danger to the environment, or threatens to interfere with the operation of the wastewater treatment system, CITY may immediately initiate steps to identify the source of the discharge, and to halt or prevent said discharge. CITY must notify COUNTY Airport Manager immediately and request his assistance in combatting the danger. E. In all other respects, the existing Agreement between the parties is continued in full force and effect. -3- The. parties hereto have executed this Amendment on the date shown above. County of san Luis Obispo City of. San Luis Obispo by; by: Chairman of the Board of Supervisors Mayor Attest:. Attest• County City Clerk - Approved as to Form: County Counsel -- _ - City .Attorney 24346 -4- airport/bill"b" &/ 7 CL