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HomeMy WebLinkAbout04/26/1988, C-2 - AMENDMENT TO THE CITY/COUNTY AIRPORT WATER AND SEWER AGREEMENT III�^I��I�II�I"•I IIUII� MEETING DATE: II Ij City of San LUSS OBISpO April 26, 198S COUNCIL AGENDA REPORT ITEM FROM: David F. Romero, Director Prepared by: William T. Hetland Public Works DepartmPnr 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 an industrial pretreatment program. The pretreatment program monitors and regulates the discharge of industrial and commercial wastewater discharges into the City system that may have detrimental 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 condition 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. A number of meetings have been held working on the details of the specific 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 near some new hangers. Since that issue is more sensitive than the Pretreatment issue and since the Regional Board has set some tight and specific time schedules; the two staffs decided to separate the two issues. The issue of expanding the service area at the airport is therefore not part of this amendment and will be addressed at a later date. c4- 1 �����►�N►�IIIIIII�� ����II city of San tins OBISpo COUNCIL AGENDA REPORT Airport Agreement Page Two 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. 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 final approved City/County agreement to the Regional Board by May 2, 1988. An agreement was on the Council's April 5, 1988 agenda. At the last minute, the Regional Board requested the City delay action because they had some difficulties with some of the terms of the agreement. The City and County staffs met to resolve the Boards concerns and a revised agreement has been submitted to and approved by the Regional Board. The County is tentatively taking the agreement to the Board on April 26, 1988. Recommendation Staff recommends that Council adopt by resolution the amendment to the Sewer and Water Agreement to include implementation of the City's industrial pretreatment program. airpotagt/ bill"b" S R' RESOLUTION NO. 6432 (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 Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 26th day of April , 1988. YOR RON DUNIN ATT ST: CITX CLERK PAMELA GES R6432 y Resolution No. 6432 1988 Series Page 2 APPROVED: ohn Dun , Administrative Officer Roger Pi quet, CrAttorney David F. Romero, Public Works Director �i ► J William T. Hetland, Utilities Manager AMENDMENT #1 TO WATER AND SEWER AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO This First Amendment to Agreement is entered into this 26th day of April 1988, between CITY OF SAN LUIS OBISPO hereinafter called "City", and COUNTY OF SAN LUIS OBISPO hereinafter called "County". RECITALS WHEREAS , City owns and operates a waste water system; and WHEREAS, County currently utilizes this waste water treatment system for the San Luis Obispo County Airport pursuant to a Water and Sewer Agreement between City and County dated November 7, 1977 ; and WHEREAS, City has implemented an industrial pretreatment program pursuant to conditions contained in its discharge Permit #CA 0049224, issued by the California Regional Water Quality Control Board ; and WHEREAS, County desires to continue to utilize the waste water treatment system and recognizes i_�s industrial waste control obligations under 40 CFR 403 and the City' s Pretreatment Program. NOW THEREFORE, in consideration of the following terms and conditions , City and County agree to amend the Water and Sewer Agreement to add Section 5 under "City AGREES TO" and Section 13 under "COUNTY AGREES TO" to implement the City's Sewer Regulations and Pretreatment Program as follows : 5. (under "City Agrees to") City Fees And Billings . The City will establish pretreatment program fees . Such fees may be amended from time to time and shall be reasonable in amount and will not exceed fees for similar services and activities performed for users inside the City. City will bill each individual user (tenant, sub-tenant, concessionaire, or County itself) at the County Airport for the individual fees connected with the Pretreatment Program. City will bill County for its own individual fees as an individual user at the County Airport. County will assist City in identifying persons and addresses for billing purposes at the County Airport. It is the City' s intent to establish by ordinance standard pretreatment program fees to record the cost of the pretreatment program. The fees will be revised as necessary. 13. (under "County Agrees to") City Sewer Regulations and Pretreatment Program. A. Conform to the City' s current, or as may be hereafter amended, Sewer Regulation (City Municipal Code Chapter 13.08 Sewer) and Pretreatment Program which meets the. legal requirements contained in the Federal Pretreatment Regulations (40 CFR Part 403) and which incorporates 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 . County delegates Regulation and Program enforcement to City. . B. To the extent the County has the authority to do so , provide City with the legal authority and responsibility for -2- performance of technical and administrative activities necessary for implementation of the Pretreatment Program within San Luis Obispo County Airport. These activities may include, among others : (1) updating the industrial waste survey; (2) providing technical services , such as sampling, process chemical analysis, and engineering advice; (3) permitting; (4) compliance monitoring; (5) enforcement. County agrees to pay the costs and charges as adopted by City in conjunction with the administration of Pretreatment Program, except for the items billed to individual users pursuant to Paragraph 5 of "City Agrees to" herein above. 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, easements 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 'located on the premises of the industrial user. D. Where a discharge to the waste water treatment system reasonably appears to present an imminent danger to health and welfare of persons , or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the waste water treatment system, City may immediately -3- initiate steps to identify the source of the discharge , and to halt or prevent said discharge. City may seek injunctive relief against outside jurisdiction and/or any industrial user contributing to the emergency condition, and/or may pursue other self-help remedies . E. In all other respects, the existing Agreement between the parties is continued in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date shown above. COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By: By: ha an ot t e ar ayor Ron Dunin of Supervisors Authorized by Board action on .di�./.C. , 1988. ATTEST: ATTEST: County Clerk City Cie By: By: Pam Vbges APPROVED AS TO FORM AND APPROVED AS TO FORM: LEGAL EFFECT: JAMES B. LINDHOLM, JR. City Attorney. County Counsel By: By: Deputy County unse / Dated :_Af, 2 .lg '1�88" Dated: 2772C/r -4- a; - 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 --------- -- O AMENDMENT 111 TO WATER AND SEWER AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO This First Amendment to Agreement is entered into this day of , 1988, between CITY OF SAN LUIS OBISPO hereinafter called "City", and COUNTY OF SAN LUIS OBISPO hereinafter called "County". RECITALS WHEREAS , City owns and operates a waste water system; and WHEREAS, County currently utilizes this waste water treatment system for the San Luis Obispo County Airport pursuant to a Water and Sewer Agreement between City and County dated November 7, 1977 ; and WHEREAS, City has implemented an industrial pretreatment program pursuant to conditions contained in its discharge Permit #CA 0049224, issued by the California Regional Water Quality Control Board ; and WHEREAS, County desires to continue to utilize the waste water treatment system and recognizes .its industrial waste control obligations under 40 CFR 403 and the City's Pretreatment Program. NOW THEREFORE, in consideration of the following terms and conditions , City and County agree to amend the Water and Sewer .Agreement to add Section 5 under "City AGREES TO" and Section 13 under "COUNTY AGREES TO" to implement the City's Sewer Regulations and Pretreatment Program as follows : 5. (under "City Agrees to") City Fees And Billings. The City will establish pretreatment program fees . Such fees may be amended from time to time and shall be reasonable in amount and will not exceed fees for similar services and activities performed for users inside the City. City will bill each individual user (tenant, sub-tenant, concessionaire, or County itself) at the County Airport for the individual fees connected with the Pretreatment Program. City will bill County for -its own individual fees as an individual user at the County Airport. County will assist City in identifying persons and addresses for billing purposes at the County Airport. It is the City' s intent to establish by ordinance standard pretreatment program fees to record the cost of the pretreatment program. The fees will be revised as necessary. 13. (under "County Agrees to") City Sewer Regulations and Pretreatment Program. A. Conform to the City' s current, or as may be hereafter amended, Sewer Regulation (City Municipal Code Chapter 13.08 Sewer) and Pretreatment Program which meets the legal requirements contained in the Federal Pretreatment Regulations (40. CFR Part 403) and which incorporates 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 . County delegates Regulation and Program enforcement to City. B. To the extent the County has the authority to do so , provide City with the legal authority and responsibility for -2- performance of technical and administrative activities necessary for implementation of the Pretreatment Program within San Luis Obispo County Airport. These activities may include, among others : (1) updating the industrial waste survey; (2) providing technical services , such as sampling, process chemical analysis , and engineering advice; (3) permitting; (4) compliance monitoring; (5) enforcement. County agrees to pay the costs and charges As adopted by City in conjunction with the administration of Pretreatment Program, except for the items billed to individual users pursuant to Paragraph 5 of "City Agrees to" herein above. 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, easements 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 located on the premises of the industrial user. D. Where a discharge to the waste water treatment system reasonably appears to present an imminent danger to health and welfare of persons , or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the waste water treatment system, City may immediately -3- �'-p2-W-0-1 initiate steps to identify the source of the discharge , and to halt or prevent said discharge. City may seek injunctive relief against outside jurisdiction and/or any industrial user contributing to the emergency condition, and/or may pursue other self-help remedies. E. In all other respects, the existing Agreement between the parties is continued in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date shown above. COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By: By: Chairman ot the Board Mayor of Supervisors Authorized by Board action on 1988. ATTEST: ATTEST: County Clerk City Clerk By: By: APPROVED AS TO FORM AND APPROVED AS TO FORM: LEGAL EFFECT: JAMES B. LINDHOLM; JR. City Attorney County Counsel By: By: Deputy County 0 nse C/ Dated: Q_/ �7 _719rr Dated: 2772C/r -4- C�