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.
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�����►�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.
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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
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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:
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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:
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