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Resolution No. 93541 2 3'' 4 5 6 7 8 9 10 11 12 13 14 15 16. 17' 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND INFRASTRUCTURE ENGINEERING CORPORATION FOR SEWER SYSTEM MANAGEMENT PLAN WHEREAS, the City of Vernon needs the services of a I consultant to assist the City in complying with recently adopted State Water Resources Control Board Order No. 2006-003, a significant portion of which will be the development of the now required Sewer System Management Plan (hereinafter referred to as the "Plan"); and WHEREAS, the City has utilized the services of I Infrastructure Engineering Corporation ("Infrastructure") in the past i to develop the Water Distribution System Hydraulic Analysis in 2006 and many elements used to develop the analysis can be incorporated in the development of the Plan; and WHEREAS, the Director of Community Services &Water believes that Infrastructure has a high level of integrity, a commendable degree of technical competence, excellent customer service and a keen understanding of the City's GIS and AutoCAD databases, which will allow them to work in a more efficient and cost effective manner; and WHEREAS, the Director of Community Services and Water has recommended that an agreement with Infrastructure be approved and executed for the Plan; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with Infrastructure. 2s11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 161 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Services Agreement with Infrastructure, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed Agreement to: Infrastructure Engineering, Corporation Attn. Scott Humphrey, Senior Project Manager 717 Pier View Way Oceanside, CA 92054 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this Resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of July, 2007. Name: Leonis C. Malburg Title: Mayor /. - - 2 - r, _ 1 2, 3 41 5 6 7 8 9 10 11 12 13 14 15 16 171 181! 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9354, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 2, 2007, and thereafter was duly signed by the May r or Mayor Pro Tem of the City of Vernon. / (SEAL) GIR19N, City Clerk - 3 - EXHIBIT 0 I 11 SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 2nd day of July 2007, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND INFRASTRUCTURE ENGINEERING, CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 717 Pier View Way Oceanside, California 92054 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to assist the City in complying with recently adopted State Water Resources Control Board Order No. 2006-003, a significant portion of which will be the development of the now required Sewer System Management Plan; and WHEREAS, Contractor has prepared a proposal dated February 26, 2007, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to assist the City in complying with recently adopted State Water Resources Control Board Order No. 2006-003, a significant portion of which will be the development of the now required Sewer System Management Plan on a contract basis as defined in the terms and conditions set forth below. Page 1 of 17 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on July 3, 2007, and will continue in effect until such time as the City receives a final Sewer System Management Plan or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Infrastructure Engineering Corporation and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. Page 2 of 17 H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: l . Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. "Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor's Services shall include, but will not be limited to, assisting the City in complying with recently adopted State Water Resources Control Board Order No. 2006- 003, a significant portion of which will be the development of the now required Sewer System Management Plan The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. Page 3 of 17 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at anytime, by written change order executed by the City, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in the Scope of Work, or duties and obligations, shall be authorized'only by the City. 3.04. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end at such time as the City receives a final Sewer System Management Plan in a form acceptable to the City, unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.06. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 3.07. Contractor will determine and is responsible for the method, details, and means of performing the above -described Services. Status of Contractor 3.08. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. Page 4 of 17 3.09. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.10. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.11. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.12. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor the sum of Ninety Five Thousand Two Hundred Ninety and no/100 Dollars ($95,290.00) (the "Contract Price"). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Payment of Compensation 4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to Page 5 of 17 receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15 h) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 5.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work Page 6 of 17 and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.04. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents., B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Professional Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. Page 7 of 17 5.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.08. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the Page 8 of 17 manner in which the Work under this Agreement will be performed. 5.12. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 5.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 5.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Page 9 of 17 .A iI Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the Page 10 of 17 prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.21. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 5.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this non -disclosure requirement. 5.24. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 5.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such Page i i of 17 documents shall not be available to any individual or organization without the written consent of the City prior to such release. 5.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of the Agreement. Progress Reports 5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Contractor's License Classification 5.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final Sewer System Management Plan, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Page 12 of 17 notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. Page 13 of 17 I ., 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor - Infrastructure Engineering Corporation Attn: Scott Humphrey, Senior Project Manager 717 Pier View Way Oceanside, CA 92054 Fax: 760-529-0795 Telephone: 760-529-0785 City - City of Vernon Attn: Eric T. Fresch, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-826-1438 Telephone: 323-5 83-8811 Entire Agreement of the Parties 7.02, This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, Page 14 of 17 or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits, .including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS Page 15 of 17 l panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall' be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. Page 16 of 17 0 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. City: Executed at City of Vernon Leonis C. Malburg, Mayor ATTEST: ManuebGiron, City Clerk Contractor: Infrastructure Engineering Corporation Si tore: Print Name: /�252�✓ C15 Title ��'/9>Err?" Date: dt/,,,,f--- 12 ago i California, on APPROVED AS TO FORM: Jeff A. Harrison, City Attorney Page 17 of 17 Signature: Print Name:'yly G� c Title: Date: -e (?, 2 cy11 EXHIBIT A z February 26, 2007 Mr. Scott Rigg Water Operations Supervisor City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 lnlrosira ,oure Engineering C-orporation Reference: State Water Resources Control Board Order No. 2006-0003 Sanitary Sewer Management Plan Dear Mr. Rigg: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to assist the City of Vernon (City) in complying with recently adopted State Water Resources Control Board (SWRCB) Order No. 2006-003. As anticipated, a significant portion of this work effort will be the development of the now required Sanitary Sewer Management Plan (SSMP). As most traditional master plan components are included in the SSMP, this presents the City with a unique opportunity to address current concerns and questions pertaining to their wastewater collection system. Our, attached detailed scope of work incorporates the development of the following key items: ➢ Satisfying the legislated timeline, including the more immediate Development Plan and Goals deadlines which occur within the next year. ➢ A hydraulic model of all City owned wastewater facilities (excluding laterals), in order to quantify capacity in key facilities and prevent Sanitary Sewer Overflows (SSO's). ➢ A time -phased Capital Improvement Program (CIP) which addresses the identified hydraulic deficiencies. ➢ A Fats, Oils and Grease (FOG) Control Program which identifies major source contributors, design standards for grease. removal devices, maintenance and BMP requirements, as well as the legal authority to inspect and prohibit discharges in order to prevent blockages. ➢ A Map of the City's wastewater collection system illustrating service area, wastewater basins and City -owned facilities (excluding laterals). ➢ A summary of the City's Legal Authority to prevent illicit discharges into its sanitary sewer system, to inspect laterals owned by the City, and to require connections to be properly designed and constructed. If sufficient legal authority is not included in existing legal agreements, discharge permits, sewer ordinances and/or building codes, IEC will work with City representatives to develop the needed authority. 717 Pier View Way, Oceanside, California 9205A T 760,529.0795 F 760.529.0785 www.iecorporation.com 0 Mr. Scott Rigg February 26, 2007 Page 2 of 2 ➢ Wastewater flow projections for the existing, 5 year, 10 year and 20 year (planning horizon) time increments. ➢ Design criteria, including velocity and capacity requirements,. as well as peak dry and wet weather flows. ➢ A SSMP development schedule which allows for the required communication between the City and the public pertaining to the development, implementation and performance of the SSMP. Having recently completed the [Plater Distribution System Hydraulic Analysis for the City in January 2006, IEC is in a unique position to save the City both time and money in the preparation of their SSMP. In addition to becoming familiar with both City Staff and the City's GIS and AutoCAD databases, IEC previously created a link between each water account and a respective parcel within the City's service area. By analyzing existing sewer meter records for customers who have previously applied for wastewater discharge permits, IEC can quickly develop appropriate return -to -sewer ratios and corresponding parcel -level wastewater flow projections, which are critical components of a successful SSMP. We propose to complete this project on a time and material basis not to exceed $95,290. Upon receipt of a notice to proceed, IEC can begin this project immediately. Please feel free to contact Dr. Jeff Kirshberg anytime on his mobile phone at (858) 472-8351 if you have any questions. Very truly yours, I('A J1. A h" Scott Humphrey Senior Project Manager cc: Jeff Kirshberg, IEC On May 2, 2006, after several years of public discussion and planning, the State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, a General Waste Discharge Requirement (WDR) for all publicly owned sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The goal of Order No. 2006-0003 is to provide a consistent statewide approach for reducing Sanitary Sewer Overflows (SSOs) by requiring that: 1. In the event of an SSO, all feasible steps be taken to control the released volume and prevent untreated wastewater from entering storm drains, creeks, etc. 2. If an SSO occurs, it must be reported to the SWRCB using an online reporting system developed the SWRCB. 3. All publicly owned collection system agencies with more than 1 mile of sewer pipe in the State develop must develop a Sewer System Management Plan (SSMP). The required Sanitary Sewer Management Plan (SSMP) encompasses more components than typically found in a traditional wastewater master plan. Furthermore, Order No. 2006-0003 also contains the following schedule for implementation: Appkeation for Coverage and On -Line Reporting As a public agency that currently owns and/or operates a sanitary sewer system within Region 4 of the State of California, the City of Vernon (City) has previously applied for coverage under the general Waste Discharge Requirements (WDR). Furthermore, as of January 3, 2007, the City has begun complying with the on-line registration and reporting requirements outlined in Order No. 2006-0003. Sanitary Server Management Plan Development This critical component of Order No. 2006-0003 is the development of a Sanitary Sewer Management Plan (SSW). There are nine specific "milestones" identified in the schedule that relate to the specific elements required in the WDR. The nine milestones, and the applicable schedule for the City, include: 1. SSMP Development Plan and Schedule (November 2, 2007) 2. Goals and Organization Structure (November 2, 2007) 3. Overflow Emergency Response Program (May 2, 2009) 4. Legal Authority (May 2, 2009) 5. Operation and Maintenance Program (May 2, 2009) 6. Fats, Oils and Grease Control Program (May 2, 2009) 7. Design and Performance Standards (August 2, 2009) 8. System Evaluation and Capacity Assurance Plan (August 2, 2009) 9. Final SSMP, incorporating all the SSMP elements. (August 2, 2009) Although it is the SWRCB's intent that Order No. 2006-0003 be the primary regulatory mechanism for sanitary sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more stringent or prescriptive requirements. In those cases, more specific or more stringent WDRs issued by a Regional Water Board will supersede Order No. 2006-0003, as has already occurred in Region 2 (San Francisco Bay). The City of Vernon (City) is located in the Los Angeles -Long Beach metro area, approximately 15 miles Northeast of the Los Angeles International Airport. The City has approximately 47 linear miles of sewer collection pipes, excluding laterals, with a total service area population between 10,000 and 100,000 people. There are approximately twenty-five (25) separate wastewater sub -basins within the City, with all flow eventually receiving treatment by the Los Angeles County Sanitation District (I.ACSD). The City is responsible for the maintenance, operations and management of all City -owned sewer collection gravity mains. While successful compliance with Order No..2006-0003 will require a significant work effort, it also presents the City with a unique opportunity to address current concerns and questions pertaining to their wastewater collection system. Some portions of Order No. 2006-0003 have already been completed in some form or another by the City, and will be relatively straight forward to compile as part of this project. Other required components have yet to be addressed by the City, and are of critical importance. Having recently completed the Water Dirtribution System HydraulicAna#jir for the City in January 2006, IEC is in a unique position to save the City both time and money in the preparation of their SSMP. In addition to becoming familiar with both City Staff and the City's GIS and AutoCAD databases, IEC previously created a link between each water account and a respective parcel within the City's water service area. By analyzing existing sewer meter records for customers who have previously applied for wastewater discharge permits, IEC can quickly develop the appropriate return -to -sewer ratios, and corresponding parcel -level wastewater flow projections that are critical in developing the System Evaluation and Capacity Assurance Plan (SECAP). The preparation of a successful SSMP is a significant effort, with specific legislated deadlines. Time must be budgeted to not only complete the work required by Order No. 2006-003, but also to allow for public review and comment on the SSMP, as well as any additional requirements that the Regional Water Boards decides to impose: Our Scope Services includes the following tasks: Task 1 Perform Project Management IEC will include the use of management control tools and emphasize client communication. Prior to the implementation of the project, IEC will develop an initial project management and control plan. This plan will include: project instructions, which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with- project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget. Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings, and will be responsible for the development of deliverables and status reports. Task 2 Conduct Project Meetings and Establish Project Goals The Consultant will meet with City staff to establish the goals, needs, and desires of the Sanitary Sewer Management Plan (SSMP), confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability. In addition, we will meet with the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project In addition to the Project Kick -Off meeting, IEC anticipates five (5) other project status meetings to be conducted at appropriate times through out the project schedule in order to ensure that all City comments and concerns are continually addressed. :Task 3 Data Collection & Review A review will be conducted of previous reports by the City and/or consultants to the City relating to planning and sewer engineering, including: all GIS and AutoCAD files currently in the City's database; 2006 Water Billing Records; available water meter records for the portion of the City's sewer service boundary currently served by California Water Service Company; flow meter data previously collected by the City; Discharge Permits previously granted by the City; any available sewer meter records of major discharges within the City, any relevant specific plans, and any existing inter -agency agreements between the City and the Los Angeles County Sanitation District (LACSD) pertaining to capacity and treatment rights. A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. Task 4 Coordination with LosAngeles Counts- Sanitation District Currently all wastewater generated within the City is conveyed to, and treated by, the Los Angeles County Sanitation District (LACSD). Accordingly, LACSD directly bills all wastewater customers within the City's sewer service area. Additionally, it is anticipated that both LACSD and the City have a vested interest in both the content, and successful completion, of each agency's respective SSMP. Toward this end, IEC will coordinate the necessary meeting and communications between the City and LACSD, to ensure that the City's best interests are represented in both documents. As part of this effort, IEC will also obtain available sewer meter readings maintained by LACSD for customers within the City's sewer service area. Sanitary Sewer Management Plan (SSMP) The mandatory elements of the Sanitary Sewer Management Plan (SSMP) are specified below. Components of the SSMP must be submitted to the SWRQB based on the timetable established by Order No. 2006-0003. In addition, time must be allotted for public review and comment of the SSW prior to SWRQB final submittal. Task 5 SSMMP Development flan and Schedule IEC will develop a SSMP development plan and schedule for all required components of the SSW, as detailed in Order No. 2006-0003. In addition to satisfying the requirements of Order No. 2006-0003, this task will help the determine the remaining work effort necessary to complete the SSW (hydraulic model, legal authority, Fats -Oils - and -Grease Program, construction and design standards, etc.), and help insure that enough time is allowed for the completion of each SSMP component and appropriate public review. Task 6 Goals and Organization Structure IEC will work with the City to develop the Goals of their SSW. Typically, the goal of the SSW is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help. reduce and prevent SSOs, as well as mitigate any SSOs that do occur. IEC will work with the City to consolidate the organizational information required in the SSW. This includes the responsible or authorized representative of the City, an organizational chart with contact information, and the chains of communication for reporting SSOs. The SSMP Development Plan and Schedule and the Goals and Organization Structure will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the initial requirements of Order No. 2006-0003. Task % Overflow Emergency Response .Program IEC will review the City's existing Overflow Emergency Response Program, and identify those measures which protect public health and/or the environment. Specifically, the Overflow Emergency Response Program must contain proper notification procedures, an SSO response program, as well as internal training requirements. IEC will identify any SSMP requirements which the City's current Overflow Emergency Response Program fails to address, and work with the City to develop those portions. The Overflow Emergency Response Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 8 Legal Authority IEC will summarize the City's existing sanitary sewer system use ordinances, service agreements an/or other legally binding procedures, in order to illustrate that the City has necessary legal authority. As per Order No. 2006- 0003, legal authority includes: the ability to prevent illicit discharges into its sanitary sewer system; require that sewers and connections be properly designed and constructed; ensure access for maintenance, inspection, or repairs; limit the discharge of fats, oils, and grease and other debris that may cause blockages, and enforce any violation of its sewer ordinances. In the event that additional legal authority is required, IEC will suggest potential language based on a survey of neighboring agencies of similar size, in order to assist the City Council in drafting the necessary resolutions. A summary of the City's legal authority will be submitted in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 9 Operation and Maintenance. Program IEC will utilize the City's GIS and AutoCAD database to create a Map of the City's wastewater collection system. In addition to the City's service boundary, the twenty-five (25) separate drainage basins will be clearly illustrated. All City owned gravity mains (excluding laterals), manholes, and valves within the GIS database will be shown. A spreadsheet will be generated to accompany the map which presents relevant hydraulic information for City facilities (i.e. length, diameter, inverts, etc.) The wastewater system map and spreadsheet will be provided in draft form to City Staff for comment and correction. As some invert elevations are not available in the GIS database, and some recent projects might not be reflected in either the AutoCAD or GIS databases, several days of retrieving and reviewing records and as -built drawings by IEC staff are anticipated as part of this effort. It is also anticipated that several iterations of IEC map creation and City staff review will be required, as it is this facility information which will form the basis for the SSMP capacity analysis. This wastewater map will be incorporated into a summary of the City's Operation and Maintenance Program. In addition to the map, the summary will describe the City's routine preventive operation and maintenance activities, as well as their current rehabilitation and replacement plan. The summary will also address relevant City Staff Operation and Maintenance training, and replacement part inventories. A summary of the City's Operation and Maintenance Program will be summarised in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 10 Fats, Oils a.nd Grease Control Program (FOG) While the city does not currently have an official Fats, Oils and Grease Control Program (FOG), it does track the largest point sources for maintenance and inspection prioritization. The City also requires discharge permits for major wastewater contributors, as well as the installation of sewer meters for such customers. IEC will work closely with City Staff to develop an appropriate FOG program for the City. Successful FOG programs of neighboring water agencies of similar size and composition will be evaluated for inclusion in the City's program. IEC will create a map illustrating City owned wastewater facilities subject to FOG blockages as well as the major FOG point sources identified by the City. It is anticipated that the FOG program will incorporate the following. • An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; • A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. • The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; • Requirements for grease removal devices (such as traps or interceptors) • Authority to inspect grease producing facilities • Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; • Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. A summary of the City's Fats, Oils and Grease Control Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task '11 Design and Performance Standards IEC will review the City's existing design, construction standards and specifications for the installation and inspection of new sanitary sewer infrastructure; and for the rehabilitation and repair of existing sanitary sewer systems. IEC will identify any SSMP requirements which the City's current Design and Performance Standards fail to address, and work with the City to develop those portions. The City's Design and Performance Standards Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006- 0003. Systein Evaluation and Capacity Assurance Plan (SECAP) The System Evaluation and Capacity Assurance Plan (SECAP) is a significant portion of a traditional wastewater master plan, as it incorporates dry and wet weather wastewater flow projections, design criteria, key facility capacity, and a prioritized and phased Capital Improvement Program (CIP). IEC will develop wastewater flow projections on a parcel level utilizing GIS, and develop a system -wide hydraulic model in H2OMap Sewer to evaluate facilities under peak conditions. Task 12 Wastewater flow Projections IEC will develop existing wastewater flow projections on a parcel level utilizing the parcel -level water demands, developed as part of the WaterDirtribution System HydraulicAnalysis, previously prepared by IEC and submitted to the City in January 2006. As IEC created a link each water account number and respective parcel within the City's water service area, water demands can be easily updated with 2006 billing information, if available. Furthermore, for parcels within the City's sewer service area that currently receive water from California Water Service Company, IEC will develop the appropriate parcel -level water demands in a similar manner. IEC will analyze existing sewer meter records for sewer customers who have previously applied for discharge permits, to develop appropriate return -to -sewer ratios based on land -use (anticipated to be primarily industrial within the City). Parcel level water consumption will then be multiplied by the appropriate return -to -sewer ratio, based on the parcel's zoning within the City's GIS database, to develop parcel -level wastewater flow projections. With all existing parcels now allocated a wastewater projection, this information will be overlaid with any available specific plans, historical flow meter records and/or sewer billing records, to develop wastewater projections for the 5 year, 10 year and 20 year (planning horizon) time -increments. Task 13 Design Criteria Wastewater system design criteria will.be developed that address allowable d/D ratios and maximum and minimum velocities during peak dry and peak wet weather flow conditions. Peak factors curves will be developed for peak dry and peak wet weather flows based upon existing and new flow information that has been, or will be collected, by the City. As the City is capable of performing short-term flow monitoring, IEC will coordinate with City Staff in selecting appropriate sites to assist in this effort. I&I allowances will be estimated based on: flow monitoring data; available records of recent rainfall event data; operations and maintenance data, and discussions with City Staff. Task 14 Hydraulic Model Development IEC will import all wastewater facilities, as identified in Task 9, into the hydraulic modeling software, H2OMap Sewer. Data imported into the hydraulic model will include: location; diameter, length, and inverts. IEC will develop three (3) sets of steady-state scenarios for each time increment: average dry weather, peak dry weather and peak wet weather (including I/I). The wastewater projections, peak flow curves and design criteria developed as part of this Task will be used to evaluate facility capacity in each time increment. Task 15 Wastewater Si -stem Evaluation IEC will utilize the hydraulic model results to identify any Existing, 5 year,10 year and 20 year (planning horizon) deficiencies. For wastewater facilities identified as deficient, recommended replacement facilities will be evaluated based on projected 20 year (planning horizon) wastewater flows. Initial model results of the existing time increment will be calibrated with available flow monitoring. Based upon the findings, adjustments may be made in the model for final calibration, and the modeling simulation regenerated. An attempt will be made to evaluate collection system alternatives that maximize the use of existing facilities. Each of these alternatives will be discussed with the City for concurrence prior to performing the hydraulic analysis. Task 16 Capital Improvement Program and Engineering Cost Estunates Using the hydraulic modeling results, IEC will develop a Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon that clearly outlines the findings of City's deficiencies, priorities, and related sewer system costs. A comprehensive list of Capital Improvements that address both existing deficiencies and future needs based upon projected wastewater flows will be included in the CIP. The CIP will be phased and prioritized based upon the Existing, 5 year, 10 year and 20 year (planning horizon) costs. Recommended wastewater system improvements will include pipeline improvements necessary to meet existing and future flows. Engineers construction cost estimates will be developed for each capital project that includes cost for design, construction, and administration. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (AACE) and represent an accuracy of +50% to -30%. The City's SECAP will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 1? Preparatii�t� of Fina1541P Report IEC will prepare a Sanitary Sewer Management Plan (SSMP) for the City. The SSMP will contain an Executive summary that summarizes the key components of the management plan. The SSMP will be designed to read well to non -technical staff, members of the City Council, and the general public. The SSMP will include recommendations for monitoring the success of the SSMP, as well as a recommended internal audit program to monitor and measure the SSMP program. These recommendations will also include a communication program so that the City may communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the City as the program is developed and implemented. Five (5) draft copies of the SSMP report will be submitted to the City for review and comment. Upon incorporation of all City comments, five (5) final copies and one unbound copy for reproduction purposes will be submitted to the City. In addition, one electronic copy of the SSMP in adobe .pdf format will be submitted to the City. The electronic copies will include all figures contained in the original SSMP document IEC will assist the City in properly filing the final and adopted SSMP with the SWRQB and Regional Water Quality Board, if necessary. The IEC team has developed a reputation as a leader in wastewater facilities planning and design. In recent years, we have successfully completed projects for local public agencies such as City of Mountain View, City of San Diego, City of National City, Vallecitos Water District, City of Oceanside, Olivenhain Municipal Water District, and City of Escondido, amongst others. We offer the City a comprehensive team with a solid reputation for delivering a quality Sanitary Sewer Management Plan (SSMP). Following are key project highlights for our Project Manager and IEC. Project Manager Experience Mr. Humphrey has served as Project Manager/Engineer for several sewer system master planning studies and has over 13 years of experience in wastewater hydraulic modeling, master planning and GIS applications. His extensive experience includes the development of hydraulic models using GIS integration, the use of graphic design software, the development of phased and prioritized Capital Improvement Programs, as well as all other major components of the recently legislated Sanitary Sewer Management Plan (SSMP). IEC planning teams, managed by Mr. Humphrey, have already been selected by the City of Mountain View and the City of National City to prepare their Sanitary Sewer Management Plans. Project Experience —Master Planning Master Plan for Water and Wastewater Services Agency: San Luis Rey Municipal Water District Project Costs: $47,000 Completion Date: November 200. Contact: John Hoagland P.E. Phone:4St.704.47]S E-mail: jehassodates@msn.com IEC completed a Master Plan The major elements of this for Water and Wastewater project included: water and IEC met the aggressive Services for the San Luis Rey wastewater design criteria, project schedule of 51 Municipal Water District. water demand and wastewater This project included the flow projections, potable days for delivery of draft development of a District- water storage requirements, master plan report. wide facilities plan to aid the water supply alternatives, District in activating its latent wastewater treatment powers to provide water and alternatives, recycled water wastewater service. system analysis, water, Important Engineering Features wastewater and recycled water . Developed water and capital improvement program wastewater hydraulic models (CIP). using H2OMap software. r= i _ Legend F SLR Ser&&Am a0e WM P18RNIIg i4985 Campos Peek _ Mm= Pala Rey RantA --- __, Fdfi FbIdYgs Campus Pads bleat i City Herne Lake Rancho VWD _r M.M. ` Madlwood J.r. S° ?'.F &a9mr Covon Lamn "" y .• Coady ofSan Diego anew+mn.aaw • Utilized GIS to perform planning level tasks more efficiently and accurately. • Developed recommended facility improvements in a primarily undeveloped area. • Performed a groundwater supply assessment that examined the, feasibility of a Bonsall/Pala Basin groundwater project Project Accomplishments • Used technical memorandum and GIS- based approach to meet aggressive project schedule. of 51 days for delivery of draft master plan report. Im Project Experience —Planning University Heights Wastewater Flow Impact Study Agency: Valiecitos Water District Protect Costs: $10,000 Completion Date: March 2006 Contact: Ken Gerdes, P.E. Phone: 760.744.0460 E-mail: kgerdes@vwdorg IEC completed a wastewater were determined for both flow impact study that collection system facilities and examined the impact that the treatment facilities. proposed University Heights Development will have upon A sewershed tributary basin the existing and proposed analysis was performed using ultimate wastewater collection GIS 3D Analyst and USGS system. Incremental impacts Digital Elevation Models. due to the University Heights The basin analysis refined the Development were identified sewersheds previously defined and order of magnitude cost in the District's Master estimates were developed to Plan based upon updated determine the costs attributed information. to the University Heights Development. Impacts Important Engineering Features • Sewershed Tributary Area refinements using 3D Analyst and USGS Digital Elevation Models. • Updating of the District's existing wastewater system hydraulic model using updated GIS information. IEC performed a wastewater flow impact study that examined the impact that increased densities will have upon the District's existing and proposed wastewater collection system. • Development of revised wastewater flow projections based upon the proposed development. • Development of order of magnitude costs for gravity mains, lift stations, force mains, treatment facilities, and the Districes land outfall. y Project Experience —Capacity Study Buena Interceptor Sewer Capacity & Alternatives Study Agency: City of Carlsbad Project Costs: $100,000 Completion Hate: October M06 Contact: Eva Piaizer, P.E. Phone: 760.6022787 E-mail: eplaj@ci.carisbadca.us IEC prepared a Capacity and included a capacity analysis Alternatives Study for Buena to analyze existing and IEC performed a Interceptor Sewer for the future flows, inter -agency capacity analysis of two City of Carlsbad. The Buena agreements and capacity Interceptor Sewer (BIS) has rights; the development of interceptor sewers to reached its design capacity alternatives; screening of determine existing and and IEC developed a set of alternatives; and the selection alternatives to alleviate the of a preferred alternative. future flows and existing capacity issues. The project capacity rights. Project Accomplishments • Performed a capacity analysis of two Interceptor sewers to determine existing and future flows and existing capacity rights. • Developed a set of alternatives to alleviate capacity issues within the BIS. • Compiled a GIS database of existing project constraints (i.e. traffic, environmental, permits, etc..) and developed a constraints map. • Developed screening criteria and an evaluation matrix to select the preferred alternative. • Met the City's aggressive project schedule of delivery of an alternatives memorandum by June 1, 2006. Project Experience —Impact Study Water and Wastewater Facilities Impact Study Agency: City of National City Project Costs: $86,670 Comp etion Date: July 2006 Contact: Stephen Kirkpatrick Phone: 619.336.4383 E-maii: skirkpatrick@ci.national-cityca.u-, IEC prepared the Downtown Specific Plan Utilities Impact Report for the City of National City (City). This proposed specific plan includes over 10,000 residential units in less than 125 gross acres, representing a residential density much larger than previously experienced by the City. IEC developed water demand and wastewater Dewkspmanjnge = SA • ® �• 1B M $ A -Poise Mb. j�2 �,a®cwtko&M 0 ids . . it.y, 4 12 O.M..U4-i8 SA iD LW-0 a-J M 90 M a W FiWWW-,2 (� fnfrgsiruetyrg . w Apd2. Ripen, flow projections, determined capacity in existing facilities, and developed an appropriate capital improvement program (CIP), with costs attributed to twenty-four (24) proposed developments. This project also included the development of gas and electric facility impacts, which IEC oversaw another firm perform. Important Engineering Features • Developed a Base Map clearly delineating the twenty-four (24) proposed developments within the Downtown Specific Plan (DSP)- • Developed land use and population projections for each proposed development. • Developed water demand and wastewater flow projections. • Developed water and wastewater design criteria. • Converted, calibrated and updated the City's XP- SWMM sewer model into H2OMap Sewer. • Developed water and wastewater capital improvement .programs, based on mitigating deficiencies attributed to the proposed DSP. • Prepared a wastewater flow monitoring proposal • Attributed individual projects, and their associated costs, to each proposed development based on the development's usage of that facility's total capacity. IEC attributed facility impact costs to each of the twenty-four (24) proposed developments. Project Accomplishments • Met the City's two (2) month schedule requirement, through a technical memorandum approach. • Developed a Base Map, with supporting exhibits, which clearly illustrated development projections, project impacts and costs to each of the twenty-four (24) proposed developments. • Developed water and wastewater design criteria for large-scale development not previously experienced in the City by consulting with neighboring agencies with similar development. • Project included the evaluation of gas and electric facility impacts. go {niraslrWore Engineering Corporation TENTATIVE JULY 2007 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician............... $ 60.00 CADD Designer I/Engineer I ................ $ 90.00 Graphic Designer ....................................... $100.00 CADD Designer II / Engineer II........... $ 100.00 CADD Designer III / Engineer III........ $ 110.00 Senior Designer/Project Engineer.........$120.00 Senior Project Engineer ............................ $140.00 Senior Project Engineer Planning & IS.. $ 155.00 Project Manager ......................................... $155.00 Senior Project Manager ............................. $170.00 Principal....................................................... $175.00 Principal Planning & IS ............................. $180.00 Administrative Administrative Clerk ................................. $ 45.00 Word Processor/Admin. Support........... $ 60.00 *Construction Senior Construction Observer ............ $ 105.00 Resident Engineer ...................................... $ 125.00 Construction Manager ............................... $140.00 Sr. Construction Manager ......................... $ 150.00 CM Coordinator .........................................$ 80.00 Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 5%. Mileage will be billed at the current IRS allowed rate. * Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. 717 Pier View Way, Oceanside, California 92054 T 760.529.0795 f 760.529.0785 www.iecorporatiort.com a p F N N V N N O M N v? N N N N O N N A M 0QQ N N N 1°E V � O O p O N pOp O S d W om O N h 0O m d N� W N mN � u9 N � mN N M N mN d IA L fp Vmf O N d M m N d N m d V N m J 3 a O G m h m c W 0 m H v m m m m ro a v N m a a m oNi c Wy e N �a N c g o 0 N m Q 1� 4 Gy C N d N V N d d d N mm4 s c U zF� `3 0 CY9 b o a` (7 n b w v y 5 c a E E a ~ o v Ti m o u c 16 O c 9 m o L � E a N ® C > N C m p U c p a � 3 m O C O. b 'O Q • LL N � yw. cl IE 0 o a v F in in a c°i o to) h O ii o 3 c x 3 u 0 z "s N - - -- - - - - - - - - - - - -- - - - - - - - ------------- - - - - - - - - - - - - - - - - - - A x 4 :x 2 State Water Resources Control Board Order No. 2006-0003 Page 1 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 STATE WATER RESOURCES CONTROL BOARD ORDER NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board, hereinafter referred to as "State Water Board", finds that: All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California are required to comply with the terms of this Order. Such entities are hereinafter referred to as "Enrollees„. 2. Sanitary sewer overflows (SSOs) are overflows from sanitary sewer systems of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen -demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing, or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. 3. Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state. There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and .system operation and maintenance), which affect the likelihood of an SSO. A proactive approach that requires Enrollees to ensure a system -wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs. 4. Major causes of SSOs include: grease blockages, root blockages, sewer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow/infiltration, debris blockages, sanitary sewer system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor - caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system. State Water Resources Control Board Order No. 2006-0003 Page 2 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 SEWER SYSTEM MANAGEMENT PLANS 5. To facilitate proper funding and management of sanitary sewer systems, each Enrollee must develop and implement a system -specific Sewer System Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions. 6. Many local public agencies in California have already developed SSMPs and implemented measures to reduce SSOs. These entities can build upon their existing efforts to establish a comprehensive SSMP consistent with this Order. Others, however, still require technical assistance and, in some cases, funding to improve sanitary sewer system operation and maintenance in order to reduce SSOs. 7. SSMP certification by technically qualified and experienced persons can provide a useful and cost-effective means for ensuring that SSMPs are developed and implemented appropriately. 8. It is the State Water Board's intent to gather additional information on the causes and sources of SSOs to augment existing information and to determine the full extent of SSOs and consequent public health and/or environmental impacts occurring in the State. 9. Both uniform SSO reporting and a centralized statewide electronic database are needed to collect information to allow the State Water Board and Regional Water Quality Control Boards (Regional Water Boards) to effectively analyze the extent of SSOs statewide and their potential impacts on beneficial uses and public health. The monitoring and reporting program required by this Order and the attached Monitoring and Reporting Program No. 2006-0003, are necessary to assure compliance with these waste discharge requirements (WDRs). 10. Information regarding SSOs must be provided to Regional Water Boards and other regulatory agencies in a timely manner and be made available to the public in a complete, concise, and timely fashion. 11. Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System (NPDES) permits to sanitary sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more State Water Resources Control Board Order No. 2006-0003 Page 3 of 20 Statewide General WEIR For Wastewater Collection Agencies 512106 prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. REGULATORY CONSIDERATIONS 12. California Water Code section 13263 provides that the State Water Board may prescribe general WDRs for a category of discharges if the State Water Board finds or determines that: • The discharges are produced by the same or similar operations; • The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements. This Order establishes requirements for a class of operations, facilities, and discharges that are similar throughout the state. 13.The issuance of general WDRs to the Enrollees will: a) Reduce the administrative burden of issuing individual WDRs to each Enrollee; b) Provide for a unified statewide approach for the reporting and database tracking of SSOs; c) Establish consistent and uniform requirements for SSMP development and implementation; d) Provide statewide consistency in reporting; and e) Facilitate consistent enforcement for violations. 14.The beneficial uses of surface waters that can be impaired by SSOs include, but are not limited to, aquatic life, drinking water supply, body contact and non - contact recreation, and aesthetics. The beneficial uses of ground water that can be impaired include, but are not limited to, drinking water and agricultural supply. Surface and ground waters throughout the state. support these uses to varying degrees. 15.The implementation of requirements set forth in this Order will ensure the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each region and take into account the environmental characteristics of hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect State Water Resources Control Board Order No. 2006-0003 Page 4 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 water quality in the area, costs associated with compliance with these requirements, the need for developing housing within California, and the need to develop and use recycled water. 16.The Federal Clean Water Act largely prohibits any discharge of pollutants from a point source to waters of the United States except as authorized under an NPDES permit. In general, any point source discharge of sewage effluent to waters of the United States must comply with technology -based, secondary treatment standards, at a minimum, and any more stringent requirements necessary to meet applicable water quality standards and other requirements. Hence, the unpermitted discharge of wastewater from a sanitary sewer system to waters of the United States is illegal under the Clean Water Act. In addition, many Basin Plans adopted by the Regional Water Boards contain discharge prohibitions that apply to the discharge of untreated or partially treated wastewater. Finally, the California Water Code generally prohibits the discharge of waste to land prior to the filing of any required report of waste discharge and the subsequent issuance of either WDRs or a waiver of WDRs. 17. California Water Code section 13263 requires a water board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge.. The requirements shall, among other things, take into consideration the need to prevent nuisance. 18. California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. 19.This Order is consistent with State Water Board Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than prescribed in State Water Board or Regional Water Board plans and policies. 20.The action to adopt this General Order is exempt from the California Environmental Quality Act (Public Resources Code §21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., tit. 14, §15308). In addition, the action to adopt State Water Resources Control Board Order No. 2006-0003 Page 5 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 this Order is exempt from CEQA pursuant to Cal.Code Regs., title 14, §15301 to the extent that it applies to existing sanitary sewer collection systems that constitute "existing facilities" as that term is used in Section 15301, and §15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity. 21. The Fact Sheet, which is incorporated by reference in the Order, contains supplemental information that was also considered in establishing these requirements. 22. The State Water Board has notified all affected public agencies and all known interested persons of the intent to prescribe general WDRs that require Enrollees to develop SSMPs and to report all SSOs. 23.The State Water Board conducted a public hearing on February 8, 2006, to receive oral and written comments on the draft order. The State Water Board received and considered, at its May 2, 2006, meeting, additional public comments on substantial changes made to the proposed general WDRs following the February 8, 2006, public hearing. The State Water Board has considered all comments pertaining to the proposed general WDRs. IT IS HEREBY ORDERED, that pursuant to California Water Code section 13263, the Enrollees, their agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted hereunder, shall comply with the following: A. DEFINITIONS 1. Sanitary sewer overflow (SSO) Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: (i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. 2. Sanitary sewer system — Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. Z State Water Resources Control Board Order No. 2006-0003 Page 6 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 For purposes of this Order, sanitary sewer systems include only those systems owned by public agencies that are comprised of more than one mile of pipes or sewer lines. 3. -Enrollee A federal or state agency, municipality, county, district, and other public entity that owns or operates a sanitary sewer system, as defined in the general WDRs, and that has submitted a complete and approved application for coverage under this Order. 4. SSO Reporting System — Online spill reporting system that is hosted, controlled, and maintained by the State Water Board. The web address for this site is http://ciwgs.waterboards.ca.gov. This online database is maintained on a secure site and is controlled by unique usemames and passwords. 5. Untreated or partially treated wastewater — Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. 6. Satellite collection system — The portion, if any, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. 7. Nuisance - California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal c. Occurs during, or as a result of, the treatment or disposal of wastes. B. APPLICATION REQUIREMENTS 1. Deadlines for Application — All public agencies that currently own or operate sanitary sewer systems within the State of California must apply for coverage under the general WDRs within six (6) months of the date of adoption of the general WDRs. Additionally, public agencies that acquire or assume responsibility for operating sanitary sewer systems after the date of adoption of this Order must apply for coverage under the general WDRs at least three (3) months prior to operation of those facilities. 2. Applications under the general WDRs — In order to apply for coverage pursuant to the general WDRs, a legally authorized representative for each agency must submit a complete application package. Within sixty (60) days of adoption of the general WDRs, State Water Board staff will send specific instructions on how to State Water Resources Control Board Order No. 2006-0003 Page 7 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 apply for coverage under the general WDRs to all known public agencies that own sanitary sewer systems. Agencies that do not receive notice may obtain applications and instructions online on the Water Board's website. 3. Coverage under the general WDRs — Permit coverage will be in effect once a complete application package has been submitted and approved by the State Water Board's Division of Water Quality. C. PROHIBITIONS 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater that creates a nuisance as defined in California Water Code Section 13050(m) is prohibited. D. PROVISIONS 1. The Enrollee must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the California Water Code and is grounds for enforcement action. 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. 3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate the impacts of an SSO. 4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into State Water Resources Control Board Order No. 2006-0003 Page 8 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 flood control channels or waters of the United States by blocking the storm drainage system and by removing the wastewater from the storm drains. 5. All SSOs must be reported in accordance with Section G of the general WDRs. 6. In any enforcement action, the State and/or Regional Water Boards will consider the appropriate factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and/or Regional Water Boards must consider the Enrollee's efforts to contain, control, and mitigate SSOs when considering the California Water Code Section 13327 factors. In assessing these factors, the State and/or Regional Water Boards will also consider whether: (i) The Enrollee has complied with the requirements of this Order, including requirements for reporting and developing and implementing a SSMP; (ii) The Enrollee can identify the cause or likely cause of the discharge event; (iii)There were no feasible alternatives to the discharge, such as temporary storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the capacity of the system as necessary to contain the design storm event identified in the SSMP. It is inappropriate to consider the lack of feasible alternatives, if the Enrollee does not implement a periodic or continuing process to identify and correct problems. (iv)The discharge was exceptional, unintentional, temporary, and caused by factors beyond the reasonable control of the Enrollee; (v) The discharge could have been prevented by the exercise of reasonable control described in a certified SSMP for: • Proper management, operation and maintenance; • Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent SSOs (e.g., adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow (1/1), etc.); • Preventive maintenance (including cleaning and fats, oils, and grease (FOG) control); • Installation of adequate backup equipment; and • Inflow and infiltration prevention and control to the extent practicable. (vi)The sanitary sewer system design capacity is appropriate to reasonably prevent SSOs. State Water Resources Control Board Order No. 2006-0003 Page 9 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (vii) The Enrollee took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps and necessary remedial actions to 1) control or limit the volume of untreated or partially treated wastewater discharged, 2) terminate the discharge, and 3) recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. The Enrollee shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: (i) Interception and rerouting of untreated or partially treated wastewater flows around the wastewater line failure; (ii) Vacuum truck recovery of sanitary sewer overflows and wash down water; (iii) Cleanup of debris at the overflow site; (iv) System modifications to prevent another SSO at the same location; (v) Adequate sampling to determine the nature and impact of the release; and (vi) Adequate public notification to protect the public from exposure to the SSO. 8. The Enrollee shall properly, manage, operate, and maintain all parts of the sanitary sewer system owned or operated by the Enrollee, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. 9. The Enrollee shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices. 10.The Enrollee shall provide adequate capacity to convey base flows and peak flows, including flows related to wet weather events. Capacity shall meet or exceed the design criteria as defined in the Enrollee's System Evaluation and Capacity Assurance Plan for all parts of the sanitary sewer system owned or operated by the Enrollee. 11. The Enrollee shall develop and implement a written Sewer System Management Plan (SSMP) and make it available to the State and/or Regional Water Board upon request. A copy of this document must be publicly available at the Enrollee's office and/or available on the Internet. This SSMP must be approved by the Enrollee's governing board at a public meeting. State Water Resources Control Board Order No. 2006-0003 Page 10 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 12.In accordance with the California Business and Professions Code sections 6735, 78.35, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. Specific elements of the SSMP that require professional evaluation and judgments shall be prepared by or under the direction of appropriately qualified professionals, and shall bear the professional(s)' signature and stamp. 13.The mandatory elements of the SSMP are specified below. However, if the Enrollee believes that any element of this section is not appropriate or applicable to the Enrollee's sanitary sewer system, the SSMP program does not need to address that element. The Enrollee must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in the SSMP Time Schedule below. Sewer System Management Plan (SSMP) (i) Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). (iii) Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include 1/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); State Water Resources Control Board Order No. 2006-0003 Page 11 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and (e) Enforce any violation of its sewer ordinances. (iv) Operation and Maintenance Program. The SSMP .must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and State Water Resources Control Board Order No. 2006-0003 Page 92 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. (v) Design and Performance Provisions: (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. (vi) Overflow Emergency Response Plan - Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. State Water Resources Control Board Order No. 2006-0003 Page 93 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (vii) FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. (viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs State Water Resources Control Board Order No. 2006-0003 Page 94 of 20 Statewide General WDR For Wastewater Collection Agencies 512I06 that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, Ill reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventative maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and (e) Identify and illustrate SSO trends, including: frequency, location, and volume. (x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the State Water Resources Control Board Order No. 2006-0003 Page 15 of 20 Statewide General WDR For Wastewater Collection Agencies 512.106 Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. (xi) Communication Program — The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. 14. Both the SSMP and the Enrollee's program to implement the SSMP must be certified by the Enrollee to be in compliance with the requirements set forth above and must be presented to the Enrollee's governing board for approval at a public meeting. The Enrollee shall certify that the SSMP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the time schedule provided in subsection D.15, below. In order to complete this certification, the Enrollee's authorized representative must complete the certification portion in the Online SSO Database Questionnaire by checking the appropriate milestone box, printing and signing the automated form, and sending the form to: State Water Resources Control Board Division of Water Quality Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 The SSMP must be updated every five (5) years, and must include any significant program changes. Re -certification by the governing board of the Enrollee is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re -certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above. 15.The Enrollee shall comply with these requirements according to the following schedule. This time schedule does not supersede existing requirements or time schedules associated with other permits or regulatory requirements. State Water Resources Control Board Order No. 2006-0003 Page 16 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 Sewer System Management Plan Time Schedule Task and Completion Date Associated Section Population > Population Population Population < 100,000 between 100,000 between 10,000 2,500 and 10,000 and 2,500 Application for Permit Coverage 6 months after WDRs Adoption Section C Reporting Program Section G 6 months after WDRs Adoption' SSMP Development Plan and. Schedule. � months after 12 months after 15 months after 18 months after Rs No specific Section WDRs Adoption2 WDRs Adoption2 Adoption onDRs eAdoptionp e Goals and Organization Structure 12 months after WDRs Adoption 18 months after WDRs Adoption Section D 13 ! & !i Overflow Emergency Response Program Section D 13 (vi) Legal Authority Section D 13 (!ii) 24 months after 30 months after 36 months after WDRs 39 months after WDRs Operation and p Maintenance Program WDRs Adoption2 WDRs Adoption Adoption 2 Adoption 2 Section D 13 iv Grease Control Program Section D 13 (vii Design and Performance Section D 13 v System Evaluation and Capacity Assurance Plan 36 months after 39 months after 48 months after 51 months after Section D 13 vii! WDRs Adoption WDRs Adoption WDRs Adoption WDRs Adoption Final SSMP, incorporating all of the SSMP requirements Section D 13 State Water Resources Control Board Order No. 2006-0003 Page 17 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 1. In the event that by July 1, 2006 the Executive Director is able to execute a memorandum of agreement (MOA) with the California Water Environment Association (CWEA) or discharger representatives outlining a strategy and time schedule for CWEA or another entity to provide statewide training on the adopted monitoring program, SSO database electronic reporting, and SSMP development, consistent with this Order, then the schedule of Reporting Program Section G shall be replaced with the following schedule: Reporting Program Section G Regional Boards 4, 8, and 9 8 months after WDRs Adoption Regional Boards 1, 2, and 3 12 months after WDRs Adoption Regional Boards 5, 6, and 7 16 months after WDRs Adoption If this MOU is not executed by July 1, 2006, the reporting program time schedule will remain six (6) months for all regions and agency size categories. 2. In the event that the Executive Director executes the MOA identified in note 1 by July 1, 2006, then the deadline for this task shall be extended by six (6) months. The time schedule identified in the MOA must be consistent with the extended time schedule provided by this note. If the MOA is not executed by July 1, 2006, the six (6) month time extension will not be granted. E. WDRs and SSMP AVAILABILITY 1. A copy of the general WDRs and the certified SSMP shall be maintained at appropriate locations (such as the Enrollee's offices, facilities, and/or Internet homepage) and shall be available to sanitary sewer system operating and maintenance personnel at all times. F. ENTRY AND INSPECTION 1. The Enrollee shall allow the State or Regional Water Boards or their authorized representative, upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the Enrollee's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; State Water Resources Control Board Order No. 2006-0003 Page 98 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order or as otherwise authorized by the California Water Code, any substances or parameters at any location. G. GENERAL MONITORING AND REPORTING REQUIREMENTS 1. The Enrollee shall furnish to the State or Regional Water Board, within a reasonable time, any information that the State or Regional Water Board may request to determine whether cause exists for,modifying, revoking and reissuing, or terminating this Order. The Enrollee shall also furnish to the Executive Director of the State Water Board or Executive Officer of the applicable Regional - Water Board, upon request, copies of records required to be kept by this Order. 2. The Enrollee shall comply with the attached Monitoring and Reporting Program No. 2006-0003 and future revisions thereto, as specified by the Executive Director. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 2006-0003. Unless superseded by a specific enforcement Order for a specific Enrollee, these reporting requirements are intended to replace other mandatory routine written reports associated with SSOs. 3. All Enrollees must obtain SSO Database accounts and receive a "Usemame" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within 30days of receiving an account and prior to recording spills into the SSO Database, all Enrollees must complete the "Collection System Questionnaire", which collects pertinent information regarding a Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. 4. Pursuant to Health and Safety Code section 5411.5, any person who, without regard to intent or negligence, causes or permits any untreated wastewater or other waste to be discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State, as soon as that person has knowledge of the discharge, shall immediately notify the local health officer of the discharge. Discharges of untreated or partially treated wastewater to storm drains and drainage channels, whether man-made or natural or concrete -lined, shall be reported as required above. Any SSO greater than 1,000 gallons discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State shall also be reported to the Office of Emergency Services pursuant to California Water Code section 13271. State Water Resources Control Board Order No. 2006-0003 Page 19 of 20 Statewide General WDR For Wastewater Collection Agencies 5I2(06 H. CHANGE IN OWNERSHIP 1. This Order is not transferable to any person or party, except after notice to the Executive Director. The Enrollee shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new Enrollee containing a specific date for the transfer of this Order's responsibility and coverage between the existing Enrollee and the new Enrollee. This agreement shall include an acknowledgement that the existing Enrollee is liable for violations up to the transfer date and that the new Enrollee is liable from the transfer date forward. 1. INCOMPLETE REPORTS 1. If an Enrollee becomes aware that it failed to submit any relevant facts in any ' report required under this Order, the Enrollee shall promptly submit such facts or information by formally amending the report in the Online SSO Database. J. REPORT DECLARATION 1 All applications, reports, or information shall be signed and certified as follows: (i) All reports required by this Order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) (ii) An individual is a duly authorized representative only if: (a) The authorization is made in writing by a person described in paragraph (i) of this provision; and (b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS 1. The California Water Code provides various enforcement options, including civil monetary remedies, for violations of this Order. 2. The California Water Code also provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or State Water Resources Control Board Order No. 2006-0003 Page 20 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 falsifying any information provided in the technical or monitoring reports is subject to civil monetary penalties. L. SEVERABILITY 1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 2. This order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the Enrollee from liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge. CERTIFICATION The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDRs duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 2, 2006. AYE: Tam M. Doduc Gerald D. Secundy NO: Arthur G. Baggett ABSENT: None ABSTAIN: None Song Her Clerk to the Board STATE WATER RESOURCES CONTROL BOARD MONITORING AND REPORTING PROGRAM NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR. SANITARY SEWER SYSTEMS This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order No. 2006-2003, "Statewide General Waste Discharge Requirements for Sanitary Sewer Systems." Revisions to this MRP may be made at any time by the Executive Director, and may include a reduction or increase in the monitoring and reporting. A. SANITARY SEWER OVERFLOW REPORTING SSO Categories 1. Category 1 - All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system that: A. Equal or exceed 1000 gallons, or B. Result in a discharge to a drainage channel and/or surface water; or C. Discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system. 2. Category 2 — All other discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system. 3. Private Lateral Sewage Discharges — Sewage discharges that are caused by blockages or other problems within a privately owned lateral. SSO Reporting Timeframes 4. Category 1 SSOs — All SSOs that meet the above criteria for Category 1 SSOs must be reported as soon as: (1) the Enrollee has knowledge of the discharge, (2) reporting is possible, and (3) reporting. can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of Category 1 SSOs must be reported to the Online SSO System as soon as possible but no later than 3 business days after the Enrollee is made aware of the SSO. Minimum information that must be contained in the 3-day report must include all information identified in section 9 below, except for item 9.K. A final certified report must be completed through the Online SSO System, within 15 calendar days of the conclusion of SSO response and remediation. Additional information may be added to the certified report, in the form of an attachment, at any time. The above reporting requirements do not preclude other emergency notification requirements and timeframes mandated by other regulatory agencies (local Monitoring and Reporting Program No. 2006-0003 Page 2 of S Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 County Health Officers, local Director of Environmental Health, Regional Water Boards, or Office of Emergency Services (OES)) or State law. 5. Category 2 SSOs — All SSOs that meet the above criteria for Category 2 SSOs must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of January must be entered into the database by March 1 st). 6. Private Lateral Sewage Discharges — All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SSO Database based upon the Enrollee's discretion. If a Private Lateral sewage discharge is recorded in the SSO Database, the Enrollee must identify the sewage discharge as occurring and caused by a private lateral, and a responsible party (other than the Enrollee) should be identified, if known. 7. If there are no SSOs during the calendar month, the Enrollee will provide, within 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SSOs for the designated month. 8. In the event that the SSO Online Database is not available, the enrollee must fax all required information to the appropriate Regional Water Board office in accordance with the time schedules identified above. In such event, the Enrollee must also enter all required information into the Online SSO Database as soon as practical. Mandatory Information to be Included in SSO Online Reuortina All Enrollees must obtain SSO Database accounts and receive a "Username" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within thirty (30) days of receiving an account and prior to recording SSOs into the SSO Database, all Enrollees must complete the "Collection System Questionnaire", which collects pertinent information regarding an Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. At a minimum, the following mandatory information must be included prior to finalizing and certifying an SSO report for each category of SSO: 9. Category 2 SSOs: A. Location of SSO by entering GPS coordinates; B. Applicable Regional Water Board, i.e. identify the region in which the SSO occurred; C. County where SSO occurred; D. Whether or not the SSO entered a drainage channel and/or surface water; E. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system; Monitoring and Reporting Program No. 2006-0003 Page 3 of 5 ' Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 F. Estimated SSO volume in gallons; G. SSO source (manhole, cleanout, etc.); H. SSO cause (mainline blockage, roots, etc.); I. Time of SSO notification or discovery; J. Estimated operator arrival time; K. SSO destination; L. Estimated SSO end time; and M. SSO Certification. Upon SSO Certification, the SSO Database will issue a Final SSO Identification (ID) Number. 10. Private Lateral Sewage Discharges: A. All information listed above (if applicable and known), as well as; B. Identification of sewage discharge as a private lateral sewage discharge; and C. Responsible party contact information (if known). 11. Category 1 SSOs: A. All information listed for Category 2 SSOs, as well as; B. Estimated SSO volume that reached surface water, drainage channel, or not recovered from a storm drain; C. Estimated SSO amount recovered; D. Response and corrective action taken; E. If samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA must be selected. F. Parameters that samples were analyzed for (if applicable); G. Identification of whether or not health warnings were posted; H. Beaches impacted (if applicable). If no beach was impacted, NA must be selected; 1. Whether or not there is an ongoing investigation; J. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps; K. OES control number (if applicable); L. Date OES was called (if applicable); M. Time OES was called (if applicable); N. Identification of whether or not County Health Officers were called; O. Date County Health Officer was called (if applicable); and P. Time County Health Officer was called (if applicable). Reporting to Other Regulatory Agencies These reporting requirements do not preclude an Enrollee from reporting SSOs to other regulatory agencies pursuant to California state law. These reporting requirements do not replace other Regional Water Board telephone reporting requirements for SSOs. Monitoring and Reporting Program No. 2006-0003 Page 4 of5 ' Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 1. The Enrollee shall report SSOs to OES, in accordance with California Water Code Section 13271. Office of Emergency Services Phone (800) 852-7550 2. - The Enrollee shall report SSOs to County Health officials in accordance with California Health and Safety Code Section 5410 et seq. 3. The SSO database will automatically generate an e-mail notification with customized information about the SSO upon initial reporting of the SSO and final certification for all Category 1 SSOs. E-mails will be sent to the appropriate County Health Officer and/or Environmental Health Department if the county desires this information, and the appropriate Regional Water Board. B. Record Keeping 1. Individual. SSO records shall be maintained by the Enrollee for a minimum of five years from the date of the SSO. This period may be extended when requested by a Regional Water Board Executive Officer. 3. All records shall be made available for review upon State or Regional Water Board staffs request. 4. All monitoring instruments and devices that are used by the Enrollee to fulfill the prescribed monitoring and reporting program shall be properly maintained and calibrated as necessary to ensure their continued accuracy; 5. The Enrollee shall retain records of all SSOs, such as, but not limited to and when applicable: a. Record of Certified report, as submitted to the online SSO database; b. All original recordings for continuous monitoring instrumentation; C. Service call records and complaint logs of calls received by the Enrollee; d. SSO calls; e. SSO records; f. Steps that have been and will be taken to prevent the SSO from recurring and a schedule to implement those steps. g. Work orders, work completed, and any other maintenance records from the previous 5 years which are associated with responses and investigations of system problems related to SSOs; h. A list and description of complaints from customers or others from the previous 5 years; and L Documentation of performance and implementation measures for the previous 5 years. 6. If water quality samples are required by an environmental or health regulatory agency or State law, or if voluntary monitoring is conducted by the Enrollee or its agent(s), as a result of any SSO, records of monitoring information shall include: Monitoring and Reporting Program No. 2006-0003 Page 5 of S Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical technique or method used; and, f. The results of such analyses. C. Certification 1. All final reports must be certified by an authorized person as required by Provision J of the Order. 2. Registration of authorized individuals, who may certify reports, will be in accordance with the CIWQS' protocols for reporting. Monitoring and Reporting Program No. 2006-0003 will become effective on the date of adoption by the State Water Board. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Board held on May 2, 2006. Song Her Clerk to the Board FACT SHEET STATE WATER RESOURCES CONTROL BOARD ORDER NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board (State Water Board) adopted Resolution 2004-80 in November 2004, requiring staff to work with a diverse group of stakeholders (known as the SSO Guidance Committee) to develop a regulatory mechanism to provide a consistent statewide approach for reducing Sanitary Sewer Overflows (SSOs). Over the past 14 months, State Water Board staff in collaboration with the SSO Guidance Committee, developed draft statewide general waste discharge requirements (WDRs) and a reporting program. The WDRs and reporting program reflect numerous ideas, opinions, and comments provided by the SSO Guidance Committee. The SSO Guidance Committee consists of representatives from the State Water Board's Office of Chief Counsel, several Regional Water Quality Control Boards (Regional Water Boards), United States Environmental Protection Agency (USEPA), Region IX, non -governmental environmental organizations, as well as publicly -owned sanitary sewer collection system agencies. The draft WDRs, reporting program, and associated documents result from a collaborative attempt to create a robust and rigorous .program, which will serve as the basis for consistent and appropriate management and operation of sanitary sewer systems. During the collaborative process, several key issues regarding the draft WDRs were identified. These include: • Is there a need for statewide collection system requirements? • Should these systems be regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Federal Clean Water Act or under WDRs issued pursuant to the California Water Code (the Porter -Cologne Water Quality Control Act or Porter -Cologne)? • Should the regulatory mechanism include a prohibition of discharge and, if so, should the prohibition encompass only SSOs that reach surface waters, ground water, or should all SSOs be prohibited? • Should a regulatory mechanism include a permitted discharge, an affirmative defense, or explicit enforcement discretion? • Should the regulated facilities include publicly -owned facilities, privately owned facilities, satellite systems (public and private), and/or private laterals? Fact Sheet for Order No. 2006-0003 Page 2 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 • Should all SSOs be reported, and if not, what should the reporting thresholds be; and what should the reporting timeframes be? • How will existing permits and reporting requirements incorporate these new WDRs? • How much will compliance with these new WDRs cost? The WDRs and Reporting Program considered the comments of all stakeholders and others who commented on the two drafts circulated to the public. These documents also incorporate legal requirements and other revisions to improve the effectiveness and management of the regulatory program. Following is a discussion of the above issues, comments received on the drafts and an explanation of how issues were resolved. The Need As California's wastewater collection system infrastructure begins to age, the need to proactively manage this valuable asset becomes increasingly important. The first step in this process is to have a reliable reporting system for SSOs. Although there are some data systems to record spills and various spill -reporting requirements have been developed, inconsistent requirements and enforcement have led to poor data quality. A few Regional Water Boards have comprehensively tracked SSOs over the last three to five years, and from this information we have been able to determine that the majority of collection systems surveyed have had SSOs within this time period. Both the San Diego and Santa Ana Regional Water Boards have issued WDRs over the last several years to begin regulating wastewater collection systems in an attempt to quantify and reduce SSOs. In fact, 44 out of 46 collection system agencies regulated by the San Diego Regional Water Board have reported spills over the last four and a half years, resulting in 1467 reported SSOs. Twenty-five out of 27 collection system agencies subject to the Santa Ana Regional Water Board's general WDRs reported SSOs between the years of 1999-2004. During this time period, 1012 SSOs were reported. The 2004 Annual Ocean and Bay Water Quality Report issued by the Orange County Environmental Health Care Agency shows the number of SSOs increasing from 245 in 1999 to 399 in 2003. While this number indicates a concerning trend, the total annual spill volume from these SSOs has actually decreased dramatically, as has the number of beach closures due to SSOs. It is likely, therefore, that the rise in number of SSOs reflects better reporting, and not an actual increase in the number of SSOs. This information also suggests that the Santa Ana Regional Water Board's WDRs, which contain sanitary sewer management plan (SSMP) requirements similar to those in the proposed statewide general WDRs, have been effective in Fact Sheet for Order No. 2006-0003 Page 3 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 not only increasing the number of spills that are reported but also in mitigating the impacts of SSOs that do occur. Data supports the conclusion that virtually all collection systems have SSOs and that implementation of a regulatory measure requiring SSO reporting and collection system management, along with required measures to limit SSOs, will greatly benefit California water quality. Implementation of these requirements will also greatly benefit and prolong the useful life of the sanitary sewer system, one of California's most valuable infrastructure items. NPDES vs. WDRs Porter -Cologne subjects a broader range of waste discharges to regulation than the Federal Clean Water Act. In general, the Clean Water Act prohibits the discharge of pollutants from point sources to surface waters of the United States unless authorized under an NPDES permit. (33 U.S.C. §§1311, 1342). Since not all SSOs result in a discharge to surface water, however, not all SSOs violate the Clean Water Act's NPDES permitting requirements. Porter -Cologne, on the other hand, covers all existing and proposed waste discharges that could affect the quality of state waters, including both surface waters and groundwater. (Wat. Code §§13050(e), 13260). Hence, under Porter -Cologne, a greater SSO universe is potentially subject to regulation under WDRs. In addition, WDRs under Porter -Cologne can address both protection of water quality as well as the prevention of public nuisance associated with waste disposal. (id. §13263). Some commenters contend that because all collection systems have the potential to overflow to surface waters the systems should be regulated under an NPDES permit. A recent decision by the United States Court of Appeals for the 2"d Circuit, however, has called into question the states' and USEPA's ability to regulate discharges that are only "potential" under an NPDES permit. In Waterkeeper Alliance v. United States Environmental Protection Agency (2005) 399 F.3d 486, 504-506, the appellate court held that USEPA can only require permits for animal feedlots with "an actual addition" of pollutants to surface waters. While this decision may not be widely followed, especially in the area of SSOs, these are clearly within the jurisdiction of the California Water Code. USEPA defines a publicly owned treatment works (POTW) as both the wastewater treatment facility and its associated sanitary sewer system (40 C.F.R. §403.3(o)'). Historically, only the portion of the sanitary sewer system that is owned by the same agency that owns the permitted wastewater treatment facility has been subject to NPDES permit requirements. Satellite sewer collection systems (i.e. systems not owned or operated by the POTW) have not been 1 The regulation provides that a POTW include sewers, pipes, and other conveyances only if they convey wastewater to a POTW. Fact Sheet for Order No. 2006-0003 Page 4 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 typically regulated as part of the POTW and, therefore, have not generally been subject to NPDES permit requirements. Comments were received that argued every collection system leading to a POTW that is subject to an NPDES permit should also be permitted based upon the USEPA definition of POTW. Under this theory, all current POTW NPDES permits could be expanded to include all satellite sewer collection systems, or alternatively, the satellite system owners or operators could be permitted separately. However, this interpretation is not widely accepted and USEPA has no official guidance to this fact. There are also many wastewater treatment facilities within California that do not have discharges to surface water, but instead use percolation ponds, spray irrigation, wastewater reclamation, or other means to dispose of the treated effluent. These facilities, and their satellite systems, are not subject to the NPDES permitting process and could not be subject to a statewide general NPDES permit. POTWs that fall into this category, though, can be regulated under Porter -Cologne and do have WDRs. In light of these factors, the State Water Board has determined that the best approach is to propose statewide general WDRs at this time. Prohibition of Discharge The Clean Water Act prohibits the discharge of wastewater to surface waters except as authorized under an NPDES permit. POTWs must achieve secondary treatment, at a minimum, and any more stringent limitations that are necessary to achieve water quality standards. (33 U.S.C. §1311(b)(1)(B) and (Q. Thus, an SSO that results in the discharge of raw sewage to surface waters is prohibited under the Clean Water Act. Additionally, California Water Code section 13263 requires the State Water Board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. California Water Code section 13050 (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Fact Sheet for Order No. 2006-0003 Page 5 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 c. Occurs during, or as a result of, the treatment or disposal of wastes. Some SSOs do create a nuisance as defined in state law. Therefore, based upon these statutory requirements, the WDRs include prohibitions in Section C. of the WDRs. Section C. states: C. PROHIBITIONS 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater, which creates a nuisance as defined in California Water Code section 13050(m) is prohibited. Furthermore, the State Water Board acknowledges the potential for more stringent water quality standards that may exist pursuant to a Regional Water Board requirement. Language included in Section D.2 of the WDRs allows for these more stringent instances. D. PROVISIONS 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDRs, superseding the general WDRs, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. Permitted Discharge, Affirmative Defense, and Enforcement Discretion Commenters from the discharger community have requested inclusion of an affirmative defense to an SSO on the grounds that certain SSO events are unforeseen and unavoidable, such as SSOs due to extreme wet weather events. An affirmative defense is a mechanism whereby conduct that otherwise violates WDRs or a permit will be excused, and not subject to an enforcement action, under certain circumstances. Since many collection system industry experts believe that not all SSOs may be prevented, given certain circumstances (such. as unforeseen vandalism, extreme wet weather, or other acts of God), many Fact Sheet for Order No. 2006-0003 Page 6 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 collection system owner representatives believe this should formally be recognized by including an affirmative defense for these unavoidable SSOs. Previous informal drafts of the general WDRs included affirmative defense language, which was contingent upon appropriate development and implementation of sanitary sewer management plan (SSMP) requirements, as well as a demonstration that the SSO was exceptional and unavoidable. Other stakeholders, including USEPA and the environmental groups opposed the concept of an affirmative defense for SSOs. They argued that its inclusion in the WDRs would undermine the Clean Water Act and inappropriately limit both Regional Water Board and third party enforcement. After considering input from all stakeholders, and consulting with USEPA, staff is not recommending inclusion of an affirmative defense. Rather, the draft WDRs incorporate the concept of enforcement discretion, and explicitly identify what factors must be considered during any civil enforcement proceeding. The enforcement discretion portion of the WDRs is contained within Sections D. 6 and 7, and is consistent with enforcement discretion provisions within the California Water Code. Facilities Subject to WDRs Collection systems consist of pipelines and their appurtenances, which are intended to transport untreated wastewater to both publicly -owned and private wastewater treatment facilities. While wastewater treatment facilities are owned by a wide variety of public and private entities, public agencies (state and federal agencies, cities, counties, and special districts) own the vast majority of this infrastructure. Collection systems that transport wastewater to POTWs could be grouped into four different categories: 1. Publicly -owned treatment works — pipelines and appurtenances that are owned by a public agency that also owns a wastewater treatment facility; 2. Publicly -owned satellites — pipelines and appurtenances that are owned by a public agency that does not own a wastewater treatment facility; and 3. Private laterals - pipelines and appurtenances that are not owned by a public agency, but rather discharge into one of the above types of facilities. 4. Privately owned treatment works — pipelines and appurtenances that are owned by a private entity, which also owns a wastewater treatment facility (often a septic tank and leach field). The WDRs require all public agencies, which own wastewater collection systems (category 1 and 2 above) to enroll in the WDRs. Privately owned systems (categories 3 and 4) are not subject to the WDRs; however, a Regional Water Fact Sheet for Order No. 2006-0003 Page 7 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Board may at its discretion issue WDRs to these facilities on a case -by -case or region wide basis. Collection systems discharging into POTWs (categories 1, 2, and 3) represent, by far, the greatest amount of collection system infrastructure within California. Since regulating private entities (categories 3 and4) on a statewide basis would be unmanageable and impractical (because of the extremely large number and lack of contact information and other associated records), staff believes focusing on the public sector is the best option for meaningful and consistent outcomes. The legal authority and reporting provisions contained in the WDR do require limited oversight of private laterals (category 3) by public entities. Given this limited responsibility of oversight, public entities are not responsible or liable for private laterals. State Water Board staff will notify all known public agencies that own wastewater collection systems, regarding their obligation to enroll under these WDRs. However, because of data inaccuracies, State Water Board staff may inadvertently not contact an agency that should enroll in the WDRs or erroneously contact a public agency that does not own a collection system. Staff will make every effort to accurately identify public agencies. In the event that a public agency is overlooked or omitted, however, it is the, agency's responsibility to contact the State Water Board for information on the application process. An agency can find the appropriate contact by visiting the State Water Board's SSO homepage at www.waterboards.ca.gov/sso. SSO Reporting SSOs can be distinguished between those that impact water quality and/or create a nuisance, and those that are indicators of collection system performance. Additionally, SSO liability is attributed to either private entities (homeowners, businesses, private communities, etc...) or public entities. Although all types of SSOs are important to track, the reporting time frames and the type of information that need to be conveyed differ. The Reporting Program and Online SSO Database clearly distinguish the type of spill (major or minor) and the type of entity that owns the portion of the collection system that experienced the SSO (public or private entity). The reason to require SSO reporting for SSOs that do not necessarily impact public health or the environment is because these types of SSOs are indicators of collection system performance and management program effectiveness, and may serve as a sign of larger and more serious problems that should be addressed. Although these types of spills are important and must be regulated by collection system owners,. the information that should be tracked and the time required to get them into the online reporting system are not as stringent. Fact Sheet for Order No. 2006-0003 Page 8 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Obviously, SSOs that are large in nature, affect public health, or affect the environment must be reported as soon as practicable and information associated with both the spill and efforts to mitigate the spill must be detailed. Since the Online SSO Database is a web based application requiring computer connection to the internet and is typically not as available as telephone communication would be, the Online Database will not replace emergency notification, which may be required by a Regional Water Board, Office of Emergency Services, or a County Health or Environmental Health Agency. Incorporating Existing Permits It is the State Water Board's intent to have one statewide regulatory mechanism that lays out the foundation for consistent collection system management requirements and SSO reporting. While there are a significant number of collection systems that are not actively regulated by the State or Regional Water Boards, some efforts have been made to regulate these agencies on a facility -by - facility or region -by -region basis. General WDRs, individual WDRs, NPDES permits, and enforcement orders that specifically include collections systems are mechanisms that have been used to regulate collection system overflows. However, because of these varying levels of regulatory oversight, confusion. exists among collection system owners as to regulatory expectations on a consistent and uniform basis (especially with reporting spills). Currently, there are a myriad of different SSO reporting thresholds and a number of different spill report repositories. Because of the varying levels of reporting thresholds and the lack of a common database to capture this information, an accurate picture of SSOs throughout California is unobtainable. In order to provide a consistent and effective SSO prevention program, as well as to develop reasonable expectations for collection system management, these General WDRs should be the primary regulatory mechanism to regulate public collection systems. The draft WDRs detail requirements associated with SSMP development and implementation and SSO reporting. All NPDES permits for POTWs currently include federally required standard conditions, three of which apply to collection systems. NPDES permits must clarify that the following three conditions apply to that part of the collection system that is owned or operated by the POTW owner or operator. These conditions are: • Duty to mitigate discharges (40 CFR 122.41(d)) • Requirement to properly operate and maintain facilities (40 CFR 122.41(e)) • Requirement to report non-compliance (40 CFR 122.41(1)(6) and (7)) s • Fact Sheet for Order No. 2006-0003 Page 9 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Understandably, revising existing regulatory measures will not occur immediately. However, as time allows and, at a minimum, upon readopting existing WDRs or WDRs that serve as NPDES permits, the Regional Water Boards should rescind redundant or inconsistent collection system requirements. In addition, the Regional Water Boards must ensure that existing NPDES permits clarify that the three standard permit provisions discussed above apply to the permittee's collection system. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more stringent or prescriptive requirements. In those cases, more specific or more stringent WDRs or an NPDES permit issued by a Regional Water Board will supersede this Order. Finding number 11, in the WDRs states: 11. Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System (NPDES) permits to sanitary sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. Cost of Compliance While the proposed WDRs contain requirements for systems and programs that should be in .place to effectively manage collection systems, many communities have not implemented various elements of a good management plan. Some agencies are doing an excellent job managing their collection systems 'and will incur very little additional costs. Other agencies will need to develop and implement additional programs and will incur greater costs. However, any additional costs that a public agency may incur in order to comply with these General WDRs are costs that an agency would necessarily incur to effectively manage and preserve its infrastructure assets, protect public health and prevent nuisance conditions. These General WDRs prescribe minimum management requirements that should be present in all well managed collection system agencies. In order to estimate the compliance costs associated with the proposed WDRs, staff analyzed costs associated with implementing the Santa Ana Regional Water Board's general WDRs. Twenty-one agencies, which discharge to Orange County Sanitation District, submitted financial summaries for the last five years, representing both pre- and post-WDRs adoption. Operation and maintenance costs, program development costs, as well as capital improvement costs were , r Fact Sheet for Order No. 2006-0003 Page 10 of 10 1 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 considered and fairly accurately represent what can be expected statewide with the adoption of the General WDRs. After extrapolating the sample to yield a statewide cost perspective, the projected annual cost of implementing the statewide WDRs is approximately $870 million. This total represents $345.6 million in O&M costs and $524.5 for capital - improvement projects. While this sum is substantial, presenting the costs on a per capita or per household basis puts the figure in perspective. Department of Finance estimated the total population for Californians that may be subject to the WDRs to be 30.3 million persons (1/1/05). Dividing the population by the approximate average household size of 2.5 yields 12 million households. The average household in California is assumed to be 2.5 persons. The increased average annual cost (in order to comply with these WDRs) per person is estimated to be $28.74 and $71.86 per household (or $5.99 per month per household) Given these average costs there will be some communities that realize higher costs on a per household basis and some that realize less cost. Furthermore, larger communities will probably also realize an economy of scale, which is dependent upon a community's size. While larger communities may see lower costs associated with compliance, smaller communities will probably see a higher cost associated with compliance. Costs for compliance in small communities may be as high as $40 per month per household. EXHIBIT B Exhibit "B" CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONSULTANT REQUESTED BY: You are herebv directed to make the herein descriherl chnnves frnm the nrivinnl arnne of wnrlr of this nvreement Agreement Amount (Base Bid) $ Amount of This Change Order $ Amount of Previous Change Orders $ Total Change Orders $ Modified Agreement Amount $ By reason of this order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: rurcnasmgirroject ruetuonsuitant SUPPORTING DOCUMENTS SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 2°a day of July 2007, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 INFRASTRUCTURE ENGINEERING, CORPORATION, an independent contractor, hereinafter referred to as the "Contractor" 717 Pier View Way Oceanside, California 92054 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to assist the City in complying with recently adopted State Water Resources Control Board Order No. 2006-003, a significant portion of which will be the development of the now required Sewer System Management Plan; and WHEREAS, Contractor has prepared a proposal dated February 26, 2007, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to assist the City in complying with recently adopted State Water Resources Control Board Order No. 2006-003, a significant portion of which will be the development of the now required Sewer System Management Plan on a contract basis as defined in the terms and conditions set forth below. Page 1 of 17 i, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on July 3, 2007, and will continue in effect until such time as the City receives a final Sewer System Management Plan or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Infrastructure Engineering Corporation and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. Page 2 of 17 H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's or any entity within Contractor's control breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. "Work or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor's Services shall include, but will not be limited to, assisting the City in complying with recently adopted State Water Resources Control Board Order No. 2006- 003, a significant portion of which will be the development of the now required Sewer System Management Plan The Contractor's Services are more specifically detailed in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. Page 3 of 17 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in the Scope of Work, or duties and obligations, shall be authorized only by the City. 3.04. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end at such time as the City receives a final Sewer System Management Plan in a form acceptable to the City, unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.06. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 3.07. Contractor will determine and is responsible for the method, details, and means of performing the above -described Services. Status of Contractor 3.08. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. Page 4 of 17 3.09. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.10. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.11. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.12. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. Inconsideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor the sum of Ninety Five Thousand Two Hundred Ninety and no/100 Dollars ($95,290.00) (the "Contract Price"). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Payment of Compensation 4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to Page 5 of 17 receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15 h) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 5.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work Page 6 of 17 and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.04. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Professional Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. Page 7 of 17 5.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.08. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the Page 8 of 17 manner in which the Work under this Agreement will be performed. 5.12. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 5.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 5.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Page 9 of 17 Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the Page 10 of 17 prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.21. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 5.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that binds the subcontractors to this non -disclosure requirement. 5.24. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 5.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such Page 11 of 17 documents shall not be available to any individual or organization without the written consent of the City prior to such release. 5.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.27. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.28 and 5.29 of the Agreement. Progress Reports 5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Contractor's License Classification 5.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect until such time as the City receives a final Sewer System Management Plan, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Page 12 of 17 notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. Page 13 of 17 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3rd) day after mailing, whichever occurs first. Contractor - Infrastructure City - City of Vernon Engineering Corporation Attn: Eric T. Fresch, City Administrator Attn: Scott Humphrey, 4305 Santa Fe Avenue Senior Project Manager Vernon, CA 90058 717 Pier View Way Oceanside, CA 92054 Fax: 760-529-0795 Fax: 323-826-1438 Telephone: 760-529-0785 Telephone: 323-583-8811 Entire Agreement of the Parties 7.02. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, Page 14 of 17 or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either parry in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS Page 15 of 17 panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. Page 16 of 17 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. below. City: IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown Executed at Iym"�j 0AJ , California, on1-3 T City of Vernon tconis C. Malburg, Mayor ATTEST: 5 &�� '-- anuebGiron, City C,erk Contractor: Infrastructure Engineering Corporation Si tore: Print Name: Title•i��r/7 Date: _�F liE✓� %� 0 ., APPROVED AS TO FORM: Page 17 of 17 Signature:_;?��,�� Print Name: �'y' Title: �- Date: ? Z cry EXHIBIT A 0 ,ta.„ E ;r° , t� February 26, 2007 Mr. Scott Rigg Water Operations Supervisor City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Reference: State Water Resources Control Board Order No. 2006-0003 Sanitary Sewer Management Plan Dear Mr. Rigg: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to assist the City of Vernon (City) in complying with recently adopted State Water Resources Control Board (SWRCB) Order No. 2006-003. As anticipated, a significant portion of this work effort will be the development of the now required Sanitary Sewer Management Plan (SSMP). As most traditional master plan components are included in the SSMP, this presents the City with a unique opportunity to address current concerns and questions pertaining to their wastewater collection system. Our attached detailed scope of work incorporates the development of the following key items: ➢ Satisfying the legislated timeline, including the more immediate Development Plan and Goals deadlines which occur within the next year. ➢ A hydraulic model of all City owned wastewater facilities (excluding laterals), in order to quantify capacity in key facilities and prevent Sanitary Sewer Overflows (SSO's). ➢ A time -phased Capital Improvement Program (CIP) which addresses the identified hydraulic deficiencies. ➢ A Fats, Oils and Grease (FOG) Control Program which identifies major source contributors, design standards for grease removal devices, maintenance and BMP requirements, as well as the legal authority to inspect and prohibit discharges in order to prevent blockages. ➢ A Map of the City's wastewater collection system illustrating service area, wastewater basins and City -owned facilities (excluding laterals). ➢ A summary of the City's Legal Authority to prevent illicit discharges into its sanitary sewer system, to inspect laterals owned by the City, and to require connections to be properly designed and constructed. If sufficient legal authority is not included in existing legal agreements, discharge permits, sewer ordinances and/or building codes, IEC will work with City representatives to develop the needed authority. 717 Pier View Way, Oceanside, California 9205d T 760.529.0795 F 760.529.0785 www.iecorporation.com Mr. Scott Rigg February 26, 2007 Page 2 of 2 ➢ Wastewater flow projections for the existing, 5 year, 10 year and 20 year (planning horizon) time increments. ➢ Design criteria, including velocity and capacity requirements,. as well as peak dry and wet weather flows. ➢ A SSMP development schedule which allows for the required communication between the City and the public pertaining to the development, implementation and performance of the SSMP. Having recently completed the Water Distribution System Hydraulic Analysis for the City in January 2006, IEC is in a unique position to save the City both time and money in the preparation of their SSMP. In addition to becoming familiar with both City Staff and the City's GIS and AutoCAD databases, IEC previously created a link between each water account and a respective parcel within the City's service area. By analyzing existing sewer meter records for customers who have previously applied for wastewater discharge permits, IEC can quickly develop appropriate return -to -sewer ratios and corresponding parcel -level wastewater flow projections, which are critical components of a successful SSMP. We propose to complete this project on a time and material basis not to exceed $95,290. Upon receipt of a notice to proceed, IEC can begin this project immediately. Please feel free to contact Dr. Jeff Kirshberg anytime on his mobile phone at (858) 472-8351 if you have any questions. Very truly yours, (,,r4 I % uo� Scott Humphrey Senior Project Manager cc: Jeff Kirshberg, IEC On May 2, 2006, after several years of public discussion and planning, the State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, a General Waste Discharge Requirement (WDR) for all publicly owned sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The goal of Order No. 2006-0003 is to provide a consistent statewide approach for reducing Sanitary Sewer Overflows (SSOs) by requiring that: 1. In the event of an SSO, all feasible steps be taken to control the released volume and prevent untreated wastewater from entering storm drains, creeks, etc. 2. If an SSO occurs, it must be reported to the SWRCB using an online reporting system developed the SWRCB. 3. All publicly owned collection system agencies with more than 1 mile of sewer pipe in the State develop must develop a Sewer System Management Plan (SSMP). The required Sanitary Sewer Management Plan (SSMP) encompasses more components than typically found in a traditional wastewater master plan. Furthermore, Order No. 2006-0003 also contains the following schedule for implementation: Application for Coverage and On -Lane Deporting As a public agency that currently owns and/or operates a sanitary sewer system within Region 4 of the State of California, the City of Vernon (City) has previously applied for coverage under the general Waste Discharge Requirements (WDR). Furthermore, as of January 3, 2007, the City has begun complying with the on-line registration and reporting requirements outlined in Order No. 2006-0003. Sanitary Sewer Management Plan Development This critical component of Order No. 2006-0003 is the development of a Sanitary Sewer Management Plan (SSMP). There are nine specific "milestones" identified in the schedule that relate to the specific elements required in the WDR The nine milestones, and the applicable schedule for the City, include: 1. SSMP Development Plan and Schedule (November 2, 2007) 2. Goals and Organization Structure (November 2, 2007) 3. Overflow Emergency Response Program (May 2, 2009) 4. Legal Authority (May 2, 2009) 5. Operation and Maintenance Program (May 2, 2009) 6. Fats, Oils and Grease Control Program (May 2, 2009) 7. Design and Performance Standards (August 2, 2009) 8. System Evaluation and Capacity Assurance Plan (August 2, 2009) 9. Final SSMP, incorporating all the SSMP elements. (August 2, 2009) Although it is the SWRCB's intent that Order No. 2006-0003 be the primary regulatory mechanism for sanitary sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more stringent or prescriptive requirements. In those cases, more specific or more stringent WDRs issued by a Regional Water Board will supersede Order No. 2006-0003, as has already occurred in Region 2 (San Francisco Bay). The City of Vernon (City) is located in the Los Angeles -Long Beach metro area, approximately 15 miles Northeast of the Los Angeles International Airport. The City has approximately 47 linear miles of sewer collection pipes, excluding laterals, with a total service area population between 10,000 and 100,000 people. There are approximately twenty-five (25) separate wastewater sub -basins within the City, with all flow eventually receiving treatment by the Los Angeles County Sanitation District (LACSD). The City is responsible for the maintenance, operations and management of all City -owned sewer collection gravity mains. While successful compliance with Order No. 2006-0003 will require a significant work effort, it also presents the City with a unique opportunity to address current concerns and questions pertaining to their wastewater collection system. Some portions of Order No. 2006-0003 have already been completed in some form or another by the City, and will be relatively straight forward to compile as part of this project. Other required components have yet to be addressed by the City, and are of critical importance. Having recently completed the Water Distribution System HydraulicAnalysis for the City in January 2006, IEC is in a unique position to save the City both time and money in the preparation of their SSMP. In addition to becoming familiar with both City Staff and the City's GIS and AutoCAD databases, IEC previously created a link between each water account and a respective parcel within the City's water service area. By analyzing existing sewer meter records for customers who have previously applied for wastewater discharge permits, IEC can quickly develop the appropriate return -to -sewer ratios, and corresponding parcel -level wastewater flow projections that are critical in developing the System Evaluation and Capacity Assurance Plan (SECAP). The preparation of a successful SSMP is a significant effort, with specific legislated deadlines. Time must be budgeted to not only complete the work required by Order No. 2006-003, but also to allow for public review and comment on the SSMP, as well as any additional requirements that the Regional Water Boards decides to impose. Our Scope Services includes the following tasks: Task 1 Perform Project Management IEC will include the use of management control tools and emphasize client communication_ Prior to the implementation of the project, IEC will develop an initial project management and control plan. This plan will include: project instructions, which establish the project goals, schedule, task assignments and communication protocol; project work plan, which merges the scope of services with project milestones and individual task assignments for schedule and budget; and a project cost control program which establishes the benchmark and reporting methodology for the ongoing assessment of project completion and budget. Client communication will be maintained by the Project Manager. The Project Manager will coordinate all project activities within the project team and will be responsible for the development of progress submittals, will attend project coordination meetings, and will be responsible for the development of deliverables and status reports. Task 2 Conduct Project Meetings and Establish Project Goals The Consultant will meet with City staff to establish the goals, needs, and desires of the Sanitary Sewer Management Plan (SSW), confirm project objectives, discuss approach and criteria, establish departmental contacts and lines of communication, and discuss data availability. In addition, we will meet with the City to decide on a mutually agreeable digital deliverable format for ease of use throughout this project. In addition to the Project Kick -Off meeting, IEC anticipates five (5) other project status meetings to be conducted at appropriate times through out the project schedule in order to ensure that all City comments and concerns are continually addressed. Task 3 Data Collection & Review A review will be conducted of previous reports by the City and/or consultants to the City relating to planning and sewer engineering, including: all GIS and AutoCAD files currently in the City's database; 2006 Water Billing Records; available water meter records for the portion of the City's sewer service boundary currently served by California Water Service Company; flow meter data previously collected by the City; Discharge Permits previously granted by the City; any available sewer meter records of major discharges within the City, any relevant specific plans, and any existing inter -agency agreements between the City and the Los Angeles County Sanitation District (LACSD) pertaining to capacity and treatment rights. A data/document inventory will be maintained that lists the data/documents received from the City, the date received, and if the data needs to be returned to the City. This inventory will be updated as new information is received and supplied to the City at status meetings. Task 4 Coordination with Los Angeles County Sanitation District Currently all wastewater generated within the City is conveyed to, and treated by, the Los Angeles County Sanitation District (LACSD). Accordingly, LACSD directly bills all wastewater customers within the City's sewer service area. Additionally, it is anticipated that both LACSD and the City have a vested interest in both the content, and successful completion, of each agency's respective SSW. Toward this end, IEC will coordinate the necessary meeting and communications between the City and LACSD, to ensure that the City's best interests are represented in both documents. As part of this effort, IEC will also obtain available sewer meter readings maintained by LACSD for customers within the City's sewer service area. Sanitary, Sewer Management Plan (SS.IIM The mandatory elements of the Sanitary Sewer Management Plan (SSMP) are specified below. Components of the SSMP` must be submitted to the SWRQB based on the timetable established by Order No. 2006-0003. In addition, time must be allotted for public review and comment of the SSMP prior to SWRQB final submittal. Task 3 SSMP Development Plan and Schedule IEC will develop a SSMP development plan and schedule for all required components of the SSMP, as detailed in Order No. 2006-0003. In addition to satisfying the requirements of Order No. 2006-0003, this task will help the determine the remaining work effort necessary to complete the SSMP (hydraulic model, legal authority, Fats -Oils - and -Grease Program, construction and design standards, etc.), and help insure that enough time is allowed for the completion of each SSMP component and appropriate public review. Task 6 Goals and O.rgatuzation Structure IEC will work with the City to develop the Goals of their SSMP. Typically, the goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. IEC will work with the City to consolidate the organizational information required in the SSMP. This includes the responsible or authorized representative of the City, an organizational chart with contact information, and the chains of communication for reporting SSOs. The SSMP Development Plan and Schedule and the Goals and Organization Structure will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City - comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the initial requirements of Order No. 2006-0003. Task 7 Overflow Emergency Response Program IEC will review the City's existing Overflow Emergency Response Program, and identify those measures which protect public health and/or the environment. Specifically, the Overflow Emergency Response Program must contain proper notification procedures, an SSO response program, as well as internal training requirements. IEC will identify any SSMP requirements which the City's current Overflow Emergency Response Program fails to address, and work with the City to develop those portions. The Overflow Emergency Response Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 8 Legal Authority- IEC will summarize the City's existing sanitary sewer system use ordinances, service agreements an/or other legally binding procedures, in order to illustrate that the City has necessary legal authority. As per Order No. 2006- 0003, legal authority includes: the ability to prevent illicit discharges into its sanitary sewer system; require that sewers and connections be properly designed and constructed; ensure access for maintenance, inspection, or repairs; limit the discharge of fats, oils, and grease and other debris that may cause blockages, and enforce any violation of its sewer ordinances. In the event that additional legal authority is required, IEC will suggest potential language based on a survey of neighboring agencies of similar size, in order to assist the City Council in drafting the necessary resolutions. A summary of the City's legal authority will be submitted in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 9 Operation and _ al'ntenance 1'rogra.tn IEC will utilize the City's GIS and AutoCAD database to create a Map of the City's wastewater collection system. In addition to the City's service boundary, the twenty-five (25) separate drainage basins will be clearly illustrated. All City owned gravity mains (excluding laterals), manholes, and valves within the GIS database will be shown. A spreadsheet will be generated to accompany the map which presents relevant hydraulic information for City facilities (i.e. length, diameter, inverts, etc.) The wastewater system map and spreadsheet will be provided in draft form to City Staff for comment and correction. As some invert elevations are not available in the GIS database, and some recent projects might not be reflected in either the AutoCAD or GIS databases, several days of retrieving and reviewing records and as -built drawings by IEC staff are anticipated as part of this effort. It is also anticipated that several iterations of IEC map creation and City staff review will be required, as it is this facility information which will form the basis for the SSMP capacity analysis. This wastewater map will be incorporated into a summary of the City's Operation and Maintenance Program. In addition to the map, the summary will describe the City's routine preventive operation and maintenance activities, as well as their current rehabilitation and replacement plan. The summary will also address relevant City Staff Operation and Maintenance training, and replacement part inventories. A summary of the City's Operation and Maintenance Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 10 Fats, Oils and Grease Control Program ( OCs) While the city does not currently have an official Fats, Oils and Grease Control Program (FOG), it does track the largest point sources for maintenance and inspection prioritization. The City also requires discharge permits for major wastewater contributors, as well as the installation of sewer meters for such customers. IEC will work closely with City Staff to develop an appropriate FOG program for the City. Successful FOG programs of neighboring water agencies of similar size and composition will be evaluated for inclusion in the City's program. IEC will create a map illustrating City owned wastewater facilities subject to FOG blockages as well as the major FOG point sources identified by the City. It is anticipated that the FOG program will incorporate the following. • An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; • A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. • The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; • Requirements for grease removal devices (such as traps or interceptors) • Authority to inspect grease producing facilities • Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; • Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. A summary of the City's Fats, Oils and Grease Control Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task I l Design and Performance Standards IEC will review the City's existing design, construction standards and specifications for the installation and inspection of new sanitary sewer infrastructure; and for the rehabilitation and repair of existing sanitary sewer systems. IEC will identify any SSMP requirements which the City's current Design and Performance Standards fail to address, and work with the City to develop those portions. The City's Design and Performance Standards Program will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006- 0003. System Evaluation and Capacity- Assurance Plan (SECAP) The System Evaluation and Capacity Assurance Plan (SECAP) is a significant portion of a traditional wastewater master plan, as it incorporates dry and wet weather wastewater flow projections, design criteria, key facility capacity, and a prioritized and phased Capital Improvement Program (CIP). IEC will develop wastewater flow projections on a parcel level utilizing GIS, and develop a system -wide hydraulic model in H2OMap Sewer to evaluate facilities under peak conditions. Task 12 Wastewater Flow Projections IEC will develop existing wastewater flow projections on a parcel level utilizing the parcel -level water demands, developed as part of the Water Distribution System HydraulicAnalysis, previously prepared by IEC and submitted to the City in January 2006. As IEC created a link each water account number and respective parcel within the City's water service area, water demands can be easily updated with 2006 billing information, if available. Furthermore, for parcels within the City's sewer service area that currently receive water from California Water Service Company, IEC will develop the appropriate parcel -level water demands in a similar manner. IEC will analyze existing sewer meter records for sewer customers who have previously applied for discharge permits, to develop appropriate return -to -sewer ratios based on land -use (anticipated to be primarily industrial within the City). Parcel level water consumption will then be multiplied by the appropriate return -to -sewer ratio, based on the parcel's zoning within the City's GIS database, to develop parcel -level wastewater flow projections. With all existing parcels now allocated a wastewater projection, this information will be overlaid with any available specific plans, historical flow meter records and/or sewer billing records, to develop wastewater projections for the 5 year, 10 year and 20 year (planning horizon) tithe -increments. Task "13 Design Criteria Wastewater system design criteria will be developed that address allowable d/D ratios and maximum and minimum velocities during peak dry and peak wet weather flow conditions. Peak factors curves will be developed for peak dry and peak wet weather flows based upon existing and new flow information that has been, or will be collected, by the City. As the City is capable of performing short-term flow monitoring, IEC will coordinate with City Staff in selecting appropriate sites to assist in this effort. I&I allowances will be estimated based on: flow monitoring data; available records of recent rainfall event data, operations and maintenance data, and discussions with City Staff. Task 14 Hydraulic 1\4odel Development IEC will import all wastewater facilities, as identified in Task 9, into the hydraulic modeling software, H20Map Sewer. Data imported into the hydraulic model will include: location; diameter, length, and inverts. IEC will develop three (3) sets of steady-state scenarios for each time increment average dry weather, peak dry weather and peak wet weather (including I/I). The wastewater projections, peak flow curves and design criteria developed as part of this Task will be used to evaluate facility capacity in each time increment. Task 15 Wastew-ater System Evaluation IEC will utilize the hydraulic model results to identify any Existing, 5 year,10 year and 20 year (planning horizon) deficiencies. For wastewater facilities identified as deficient, recommended replacement facilities will be evaluated based on projected 20 year (planning horizon) wastewater flows. Initial model results of the existing time increment will be calibrated with available flow monitoring. Based upon the findings, adjustments may be made in the model for final calibration, and the modeling simulation regenerated. An attempt will be made to evaluate collection system alternatives that maximize the use of existing facilities. Each of these alternatives will be discussed with the City for concurrence prior to performing the hydraulic analysis. Task 'l6 Capital Inaprovemeiat Program and Engineering Cost Estimates Using the hydraulic modeling results, IEC will develop a Wastewater Capital Improvement Program (CIP) through the 20 year planning horizon that clearly outlines the findings of City's deficiencies, priorities, and related sewer system costs. A comprehensive list of Capital Improvements that address both existing deficiencies and future needs based upon projected wastewater flows will be included in the CIP. The CIP will be phased and prioritized based upon the Existing, 5 year, 10 year and 20 year (planning horizon) costs. Recommended wastewater system improvements will include pipeline improvements necessary to meet existing and future flows. Engineers construction cost estimates will be developed for each capital project that includes cost for design, construction, and administration. Estimates of probable capital costs provided will represent Order of Magnitude level costs as established by the American Association of Cost Engineers (RACE) and represent an accuracy of +50% to -30%. The City's SECAP will be summarized in a Technical Memorandum, and submitted to the City for review and comment. Upon the incorporation of all City comments, these documents will be submitted in the proper format to the SWRCB, in order to satisfy the requirements of Order No. 2006-0003. Task 11 Preparation of Final SSMP Report IEC will prepare a Sanitary Sewer Management Plan (SSMP) for the City. The SSMP will contain an Executive summary that summarizes the key components of the management plan. The SSMP will be designed to read well to non -technical staff, members of the City Council, and the general public. The SSMP will include recommendations for monitoring the success of the SSMP, as well as a recommended internal audit program to monitor and measure the SSMP program. These recommendations will also include a communication program so that the City may communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the City as the program is developed and implemented. Five (5) draft copies of the SSMP report will be submitted to the City for review and comment. Upon incorporation of all City comments, five (5) final copies and one unbound copy for reproduction purposes will be submitted to the City. In addition, one electronic copy of the SSMP in adobe .pdf format will be submitted to the City. The electronic copies will include all figures contained in the original SSMP document. IEC will assist the City in properly filing the final and adopted SSMP with the SWRQB and Regional Water Quality Board, if necessary. The IEC team has developed a reputation as a leader in wastewater facilities planning and design. In recent years, we have successfully completed projects for local public agencies such as City of Mountain View, City of San Diego, City of National City, Vallecitos Water District, City of Oceanside, Olivenhain Municipal Water District, and City of Escondido, amongst others. We offer the City a comprehensive team with a solid reputation for delivering a quality Sanitary Sewer Management Plan (SSMP). Following are key project highlights for our Project Manager and IEC. Project Manager Rxperiencc. Mr. Humphrey has served as Project Manager/Engineer for several sewer system master planning studies and has over 13 years of experience in wastewater hydraulic modeling, master planning and GIS applications. His extensive experience includes the development of hydraulic models using GIS integration, the use of graphic design software, the development of phased and prioritized Capital Improvement Programs, as well as all other major components of the recently legislated Sanitary Sewer Management Plan (SSMP). IEC planning teams, managed by Mr. Humphrey, have already been selected by the City of Mountain View and the City of National City to prepare their Sanitary Sewer Management Plans. Project Experience —Master Planning Master Plan for Water and Wastewater Services Agency: San Luis Rey Municipal Water District PE aiect Costs: $47,000 Comp etion Date: November 200. Contact: John Hoagland, P.E. Phone: 951.704.4715 E-mai I: jehassociates@msn.com IEC completed a Master Plan The major elements of this for Water and Wastewater project included: water and IEC met the aggressive Services for the San Luis Rey wastewater design criteria, project schedule of Si Municipal Water District. water demand and wastewater This project included the flow projections, potable days for delivery of draft development of a District- water storage requirements, master plan report. wide facilities plan to aid the water supply alternatives, District in activating its latent wastewater treatment powers to provide water and alternatives, recycled water wastewater service. system analysis, water, Important Engineering Features wastewater and recycled water . Developed water and capital improvement program wastewater hydraulic models (CIP). using H2OMap software. _\ , �- o ,sad soa¢ s , , - - - a . rLegend SLR SeMceArea Boundary Planning Aireas Ps Park Pala Rey Ranch ti - r ,a ; Frih MoldhvJs -. - _®t%arnPaa Park West i City Home Lehe Rancho Viejo Meadowood 3' Gregory canyon Landfill county orsen D" r e Utilized GIS to perform planning level tasks more efficiently and accurately. • Developed recommended facility improvements in a primarily undeveloped area. • Performed a groundwater supply assessment that examined the feasibility of a Bonsall/Pala Basin groundwater project Project Accomplishments • Used technical memorandum and GIS- based approach to meet aggressive project schedule of 51 days for delivery of draft master plan report. Project Experience —Planning University Heights Wastewater Flow Impact Study Agency: Vallecitos Water District Project Costs: $10,000 Completion Date: March 2006 Contact: Ken Gerdes, P.E. Phone: 760.744.0460 E-mail: kgerdes@vwd.org IEC completed a wastewater flow impact study that examined the impact that the proposed University Heights Development will have upon the existing and proposed ultimate wastewater collection system. Incremental impacts due to the University Heights Development were identified and order of magnitude cost estimates were developed to determine the costs attributed to the University Heights Development. Impacts were determined for both collection system facilities and treatment facilities. A sewershed tributary basin analysis was performed using GIS 3D Analyst and USGS Digital Elevation Models. The basin analysis refined the sewersheds previously defined in the District's Master Plan based upon updated information. important Engineering Features • Sewershed Tributary Area refinements using 3D Analyst and USGS Digital Elevation Models. • Updating of the District's existing wastewater system hydraulic model using updated GIS information. IEC performed a wastewater flow impact study that examined the impact that increased densities will have upon the District's existing and proposed wastewater collection system. • Development of revised wastewater flow projections based upon the proposed development. • Development of order of magnitude costs for gravity mains, lift stations, force mains, treatment facilities, and the District's land outfall. wam Project Experience —Capacity Study Buena Interceptor Sewer Capacity & Alternatives Study Agency: City of Carlsbad PrgjectCosts: $100,000 Comp letionDate: October 2006 Contact: Eva Plajzer, P.E. Phona': 760.602.2787 E-maiI: eplaj@ci.carlsbad.ca.us IEC prepared a Capacity and included a capacity analysis Alternatives Study for Buena to analyze existing and Interceptor Sewer for the future flows, inter -agency City of Carlsbad. The Buena agreements and capacity Interceptor Sewer (BIS) has rights; the development of reached its design capacity alternatives; screening of and IEC developed a set of alternatives; and the selection alternatives to alleviate the of a preferred alternative. capacity issues. The project Project Accomplishments • Performed a capacity analysis of two interceptor sewers to determine existing and future flows and existing capacity rights. • Developed a set of alternatives to alleviate capacity issues within the BIS. • Compiled a GIS database of existing project constraints (i.e. traffic, environmental, permits, etc...) and developed a constraints map. • Developed screening criteria and an evaluation matrix to select the preferred alternative. • Met the City's aggressive project schedule of delivery of an alternatives memorandum by June 1, 2006. IEC performed a capacity analysis of two interceptor sewers to determine existing and future flows and existing capacity rights. Project Experience —Impact Study Water and Wastewater Facilities Impact Study Agency: City of National City Protect Costs: $86,670 Completion Date: )uly 2006 Contact: Stephen Kirkpatrick Prone: 619.336A383 E-mail: skirkpatrick@ci.national-cityca.u! IEC prepared the Downtown Specific Plan Utilities Impact Report for the City of National City (City). This proposed specific plan includes over 10,000 residential units in less than 125 gross acres, representing a residential density much larger than previously experienced by the City. IEC developed water demand and wastewater L G� Devolopment Zono i 1n = 9 = Yuen %6w 19 = 9 w-po Station =_ �10 nrrRrz =9 = 11 U.%.Med-SA =4 W 12 w h-kd-s9 BE SA=17.= L%d_a•a-7 = a9 14 LW4%%Wded- i? s 1S(=o9v9—d" 7 L pL. L A L z L Ly FZ 1 r � Infrosirurt{Ire Cid •fNaLond CW DSP4N�MIWrhoRXeo MpM RM� B•s•Mq Ap. zme Ro-1 flow projections, determined capacity in existing facilities, and developed an appropriate capital improvement program (CIP), with costs attributed to twenty-four (24) proposed developments. This project also included the development of gas and electric facility impacts, which IEC oversaw another firm perform. Important Engineering Features • Developed a Base Map clearly delineating the twenty-four (24) proposed developments within the Downtown Specific Plan (DSP). • Developed land use and population projections for each proposed development. • Developed water demand and wastewater flow projections. • Developed water and wastewater design criteria. Converted, calibrated and updated the City's XP- SWMM sewer model into H2OMap Sewer. • Developed water and wastewater capital improvement programs, based on mitigating deficiencies attributed to the proposed DSP. • Prepared a wastewater flow monitoring proposal • Attributed individual projects, and their associated costs, to each proposed development based on the development's usage of that facility's total capacity. IEC attributed facility impact costs to each of the twenty-four (24) proposed developments. Project Accomplishments • Met the City's two (2) month schedule requirement, through a technical memorandum approach. • Developed a Base Map, with supporting exhibits, which clearly illustrated development projections, project impacts and costs to each of the twenty-four (24) proposed developments. • Developed water and wastewater design criteria for large-scale development not previously experienced in the City by consulting with neighboring agencies with similar development. • Project included the evaluation of gas and electric facility impacts. TENTATIVE JULY 2007 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician............... $ 60.00 CADD Designer I/Engineer I ................ $ 90.00 Graphic Designer ....................................... $100.00 CADD Designer II / Engineer II........... $ 100.00 CADD Designer III / Engineer III........ $ 110.00 Senior Designer/Project Engineer.........$120.00 Senior Project Engineer ............................ $140.00 Senior Project Engineer Planning & IS.. $ 155.00 Project Manager ......................................... $155.00 Senior Project Manager ............................. $170.00 Principal....................................................... $175.00 Principal Planning & IS ............................. $180.00 Administrative Administrative Clerk .................................. $ 45.00 Word Processor/Admin. Support........... $ 60.00 *Construction Senior Construction Observer ............ $ 105.00 Resident Engineer ...................................... $ 125.00 Construction Manager ............................... $140.00 Sr. Construction Manager .........................$ 150.00 CM Coordinator ......................................... $ 80.00 Subconsultants will be billed at cost plus 5% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 5%. Mileage will be billed at the current IRS allowed rate. * Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. 717 Pier View Way, C3ceonside, California 92054 T 760.529.0795 F 760.529.0785 www.iecorporation.com .� ...........�../ !�. . _...... §\yp.... jOC� : �g[ � J,®- ][\§ ��- 3aK: j)h: � ..�..�....�. . L��£}}*}llf¢��*£ �,,xx2«« �©®. �.,4l-�!!!!l,.,,. .!, � ,:� !. ��,.#.:� �. . |��|\��}}!�� . i��\!!!�}§�}�!�! }� !;lfl�, !||�li�}}}}:$||�� !� |!��#■!!§:!\!.:!! Y e t State Water Resources Control Board Order No. 2006-0003 Page 1 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 STATE WATER RESOURCES CONTROL BOARD ORDER NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board, hereinafter referred to as "State Water Board", finds that: 1. All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California are required to comply with the terms of this Order. Such entities are hereinafter referred to as "Enrollees". 2. Sanitary sewer overflows (SSOs) are overflows from sanitary sewer systems of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen -demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is, discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing, or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. 3. Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state. There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO. A proactive approach that requires Enrollees to ensure a system -wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs. 4. Major causes of SSOs include: grease blockages, root blockages, sewer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow/infiltration, debris blockages, sanitary sewer system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor - caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system. State Water Resources Control Board Order No. 2006-0003 Page 2 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 SEWER SYSTEM MANAGEMENT PLANS 5. To facilitate proper funding and management of sanitary sewer systems, each Enrollee must develop and implement a system -specific Sewer System Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions. 6. Many local public agencies in California have already developed SSMPs and implemented measures to reduce SSOs. These entities can build upon their existing efforts to establish a comprehensive SSMP consistent with this Order. Others, however, still require technical assistance and, in some cases, funding to improve sanitary sewer system operation and maintenance in order to reduce SSOs. 7. SSMP certification by technically qualified and experienced persons can provide a useful and cost-effective means for ensuring that SSMPs are developed and implemented appropriately. 8. It is the State Water Board's intent to gather additional information on the causes and sources of SSOs to augment existing information and to determine the full extent of SSOs and consequent public health and/or environmental impacts occurring in the State. 9. Both uniform SSO reporting and a centralized statewide electronic database are needed to collect information to allow the State Water Board and Regional Water Quality Control Boards (Regional Water Boards) to effectively analyze the extent of SSOs statewide and their potential impacts on beneficial uses and public health. The monitoring and reporting program required by this Order and the attached Monitoring and Reporting Program No. 2006-0003, are necessary to assure compliance with these waste discharge requirements (WDRs). 10.Information regarding SSOs must be provided to Regional Water Boards and other regulatory agencies in a timely manner and be made available to the public in a complete, concise, and timely fashion. 11.Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System (NPDES) permits to sanitary sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more State Water Resources Control Board Order No. 2006-0003 Page 3 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. REGULATORY CONSIDERATIONS 12. California Water Code section 13263 provides that the State Water Board may prescribe general WDRs for a category of discharges if the State Water Board finds or determines that: • The discharges are produced by the same or similar operations; • The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements. This Order establishes requirements for a class of operations, facilities, and discharges that are similar throughout the state. 13.The issuance of general WDRs to the Enrollees will: a) Reduce the administrative burden of issuing individual WDRs to each Enrollee; b) Provide for a unified statewide approach for the reporting and database tracking of SSOs; c) Establish consistent and uniform requirements for SSMP development and implementation; d) Provide statewide consistency in reporting; and e) Facilitate consistent enforcement for violations. 14.The beneficial uses of surface waters that can be impaired by SSOs include, but are not limited to, aquatic life, drinking water supply, body contact and non - contact recreation, and aesthetics. The beneficial uses of ground water that can be impaired include, but are not limited to, drinking water and agricultural supply. Surface and ground waters throughout the state_ support these uses to varying degrees. 15.The implementation of requirements set forth in this Order will ensure the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each region and take into account the environmental characteristics of hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect State Water Resources Control Board Order No. 2006-0003 Page 4 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 water quality in the area, costs associated with compliance with these requirements, the need for developing housing within California, and the need to develop and use recycled water. 16.The Federal Clean Water Act largely prohibits any discharge of pollutants from a point source to waters of the United States except as authorized under an NPDES permit. In general, any point source discharge of sewage effluent to waters of the United States must comply with technology -based, secondary treatment standards, at a minimum, and any more stringent requirements necessary to meet applicable water quality standards and other requirements. Hence, the unpermitted discharge of wastewater from a sanitary sewer system to waters of the United States is illegal under the Clean Water Act. In addition, many Basin Plans adopted by the Regional Water Boards contain discharge prohibitions that apply to the discharge of untreated or partially treated wastewater. Finally, the California Water Code generally prohibits the discharge of waste to land prior to the filing of any required report of waste discharge and the subsequent issuance of either WDRs or a waiver of WDRs. 17. California Water Code section 13263 requires a water board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. 18. California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. 19.This Order is consistent with State Water Board Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than prescribed in State Water Board or Regional Water Board plans and policies. 20. The action to adopt this General Order is exempt from the California Environmental Quality Act (Public Resources Code §21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., tit. 14, §15308). In addition, the action to adopt State Water Resources Control Board Order No. 2006-0003 Page 5 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 this Order is exempt from CEQA pursuant to Cal.Code Regs., title 14, §15301 to the extent that it applies to existing sanitary sewer collection systems that constitute "existing facilities" as that term is used in Section 15301, and §15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity. 21. The Fact Sheet, which is incorporated by reference in the Order, contains supplemental information that was also considered in establishing these requirements. 22. The State Water Board has notified all affected public agencies and all known interested persons of the intent to prescribe general WDRs that require Enrollees to develop SSMPs and to report all SSOs. 23.The State Water Board conducted a public hearing on February 8, 2006, to receive oral and written comments on the draft order. The State Water Board received and considered, at its May 2, 2006, meeting, additional public comments on substantial changes made to the proposed general WDRs following the February 8, 2006, public hearing. The State Water Board has considered all comments pertaining to the proposed general WDRs. IT IS HEREBY ORDERED, that pursuant to California Water Code section 13263, the Enrollees, their agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted hereunder, shall comply with the following: A. DEFINITIONS 1. Sanitary sewer overflow (SSO) - Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: (i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. 2. Sanitary sewer system — Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. State Water Resources Control Board Order No. 2006-0003 Page 6 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 For purposes of this Order, sanitary sewer systems include only those systems owned by public agencies that are comprised of more than one mile of pipes or sewer lines. 3. Enrollee - A federal or state agency, municipality, county, district, and other public entity that owns or operates a sanitary sewer system, as defined in the general WDRs, and that has submitted a complete and approved application for coverage under this Order. 4. SSO Reporting System — Online spill reporting system that is hosted, controlled, and maintained by the State Water Board. The web address for this site is http://ciwgs.waterboards.ca.gov. This online database is maintained on a secure site and is controlled by unique usemames and passwords. 5. Untreated or partially treated wastewater — Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. 6. Satellite collection system — The portion, if any, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. 7. Nuisance - California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. B. APPLICATION REQUIREMENTS Deadlines for Application — All public agencies that currently own or operate sanitary sewer systems within the State of California must apply for coverage under the general WDRs within six (6) months of the date of adoption of the general WDRs. Additionally, public agencies that acquire or assume responsibility for operating sanitary sewer systems after the date of adoption of this Order must apply for coverage under the general WDRs at least three (3) months prior to operation of those facilities. 2. Applications under the general WDRs — In order to apply for coverage pursuant to the general WDRs, a legally authorized representative for each agency must submit a complete application package. Within sixty (60) days of adoption of the general WDRs, State Water Board staff will send specific instructions on how to State Water Resources Control Board Order No. 2006-0003 Page 7 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 apply for coverage under the general WDRs to all known public agencies that own sanitary sewer systems. Agencies that do not receive notice may obtain applications and instructions online on the Water Board's website. 3. Coverage under the general WDRs — Permit coverage will be in effect once a complete application package has been submitted and approved by the State Water Board's Division of Water Quality. C. PROHIBITIONS 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater that creates a nuisance as defined in California Water Code Section 13050(m) is prohibited. D. PROVISIONS 1. The Enrollee must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the California Water Code and is grounds for enforcement action. 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDR, superseding this general WDR, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. 3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate the impacts of an SSO. 4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into State Water Resources Control Board Order No. 2006-0003 Page 8 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 flood control channels or waters of the United States by blocking the storm drainage system and by removing the wastewater from the storm drains. 5. All SSOs must be reported in accordance with Section G of the general WDRs. 6. In any enforcement action, the State and/or Regional Water Boards will consider the appropriate factors under the duly adopted State Water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and/or Regional Water Boards must consider the Enrollee's efforts to contain, control, and mitigate SSOs when considering the California Water Code Section 13327 factors. In assessing these factors, the State and/or Regional Water Boards will also consider whether: (i) The Enrollee has complied with the requirements of this Order, including requirements for reporting and developing and implementing a SSMP; (ii) The Enrollee can identify the cause or likely cause of the discharge event; (iii) There were no feasible alternatives to the discharge, such as temporary storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the capacity of the system as necessary to contain the design storm event identified in the SSMP. It is inappropriate to consider the lack of feasible alternatives, if the Enrollee does not implement a periodic or continuing process to identify and correct problems. (iv)The discharge was exceptional, unintentional, temporary, and caused by factors beyond the reasonable control of the Enrollee; (v) The discharge could have been prevented by the exercise of reasonable control described in a certified SSMP for: • Proper management, operation and maintenance; • Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent SSOs (e.g., adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow (1/1), etc.); • Preventive maintenance (including cleaning and fats, oils, and grease (FOG) control); • Installation of adequate backup equipment; and • Inflow and infiltration prevention and control to the extent practicable. (vi)The sanitary sewer system design capacity is appropriate to reasonably prevent SSOs. State Water Resources Control Board Order No. 2006-0003 Page 9 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (vii) The Enrollee took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps and necessary remedial actions to 1) control or limit the volume of untreated or partially treated wastewater discharged, 2) terminate the discharge, and 3) recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. The Enrollee shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: (i) Interception and rerouting of untreated or partially treated wastewater flows around the wastewater line failure; (ii) Vacuum truck recovery of sanitary sewer overflows and wash down water; (iii) Cleanup of debris at the overflow site; (iv) System modifications to prevent another SSO at the same location; (v) Adequate sampling to determine the nature and impact of the release; and (vi) Adequate public notification to protect the public from exposure to the SSO. 8. The Enrollee shall properly, manage, operate, and maintain all parts of the sanitary sewer system owned or operated by the Enrollee, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. 9. The Enrollee shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable laws and regulations and comply with generally acceptable accounting practices. 10.The Enrollee shall provide adequate capacity to convey base flows and peak flows, including flows related to wet weather events. Capacity shall meet or exceed the design criteria as defined in the Enrollee's System Evaluation and Capacity Assurance Plan for all parts of the sanitary sewer system owned or operated by the Enrollee. 11.The Enrollee shall develop and implement a written Sewer System Management Plan (SSMP) and make it available to the State and/or Regional Water Board upon request. A copy of this document must be publicly available at the Enrollee's office and/or available on the Internet. This SSMP must be approved by the Enrollee's governing board at a public meeting. r State Water Resources Control Board Order No. 2006-0003 Page 10 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 12.In accordance with the California Business and Professions Code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. Specific elements of the SSMP that require professional evaluation and judgments shall be prepared by or under the direction of appropriately qualified professionals, and shall bear the professional(s)' signature and stamp. 13.The mandatory elements of the SSMP are specified below. However, if the Enrollee believes that any element of this section is not appropriate or applicable to the Enrollee's sanitary sewer system, the SSMP program does not need to address that element. The Enrollee must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in the SSMP Time Schedule below. Sewer System Management Plan (SSMP) (i) Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. (ii) Organization: The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of this Order. (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). (iii) Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include 1/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); State Water Resources Control Board Order No. 2006-0003 Page 11 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and (e) Enforce any violation of its sewer ordinances. (iv) Operation and Maintenance Program. The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and State Water Resources Control Board Order No. 2006-0003 Page 92 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. (v) Design and Performance Provisions: (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. (vi) Overflow Emergency Response Plan -Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. State Water Resources Control Board Order No. 2006-0003 Page 13 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 (vii) FOG Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. (viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs State Water Resources Control Board Order No. 2006-0003 Page 94 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, 1/1 reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventative maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and (e) Identify and illustrate SSO trends, including: frequency, location, and volume. (x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the State Water Resources Control Board Order No. 2006-0003 Page 15 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. (xi) Communication Program — The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. 14. Both the SSMP and the Enrollee's program to implement the SSMP must be certified by the Enrollee to be in compliance with the requirements set forth above and must be presented to the Enrollee's governing board for approval at a public meeting. The Enrollee shall certify that the SSMP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the time schedule provided in subsection D.15, below. In order to complete this certification, the Enrollee's authorized representative must complete the certification portion in the Online SSO Database Questionnaire by checking the appropriate milestone box, printing and signing the automated form, and sending the form to: State Water Resources Control Board Division of Water Quality Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 The SSMP must be updated every five (5) years, and must include any significant program changes. Re -certification by the governing board of the Enrollee is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re -certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above. 15.The Enrollee shall comply with these requirements according to the following schedule. This time schedule does not supersede existing requirements or time schedules associated with other permits or regulatory requirements. State Water Resources Control Board Order No. 2006-0003 Page 16 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 Sewer System Management Plan Time Schedule Task and Completion Date Associated Section Population > Population Population Population < 100,000 between 100,000 between 10,000 2,500 and 10,000 and 2,500 Application for Permit Coverage 6 months after WDRs Adoption Section C Reporting Program 6 months after WDRs Adoption Section G SSMP Development � months after 12 months after 15 months after 18 months after Plan and Schedule No specific Section WDRs Adoption WDRs Adoption WDRs Ado tion2 WDRs Ado tion2 Goals and Organization Structure 12 months after WDRs Adoption 18 months after WDRs Adoption Section D 13 i &(it) Overflow Emergency Response Program Section D 13 vi Legal Authority Section D 13 iii 24 months after WDRs Adoption 2 30 months after WDRs Adoption 2 36 months after WDRs Adoption2 39 months after WDRs Adoption2 Operation and Maintenance Program Section D 13 iv Grease Control Program Section D 13 (vii Design and Performance Section D 13 v System Evaluation and Capacity Assurance 36 months after 39 months after 48 months after 51 months after Plan Section D 13 viii WDRs Adoption WDRs Adoption WDRs Adoption WDRs Adoption Final SSMP, incorporating all of the SSMP requirements Section D 13 State Water Resources Control Board Order No. 2006-0003 Page 97 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 1. In the event that by July 1, 2006 the Executive Director is able to execute a memorandum of agreement (MOA) with the California Water Environment Association (CWEA) or discharger representatives outlining a strategy and time schedule for CWEA or another entity to provide statewide training on the adopted monitoring program, SSO database electronic reporting, and SSMP development, consistent with this Order, then the schedule of Reporting Program Section G shall be replaced with the following schedule: Reporting Program Section G Regional Boards 4, 8, 8 months after WDRs Adoption and 9 Regional Boards 1, 2, 12 months after WDRs Adoption and 3 Regional Boards 5, 6, 16 months after WDRs Adoption and 7 If this MOU is not executed by July 1, 2006, the reporting program time schedule will remain six (6) months for all regions and agency size categories. 2. In the event that the Executive Director executes the MOA identified in note 1 by July 1, 2006, then the deadline for this task shall be extended by six (6) months. The time schedule identified in the MOA must be consistent with the extended time schedule provided by this note. If the MOA is not executed by July 1, 2006, the six (6) month time extension will not be granted. E. WDRs and SSMP AVAILABILITY 1. A copy of the general WDRs and the certified SSMP shall be maintained at appropriate locations (such as the Enrollee's offices, facilities, and/or Internet homepage) and shall be available to sanitary sewer system operating and maintenance personnel at all times. F. ENTRY AND INSPECTION 1. The Enrollee shall allow the State or Regional Water Boards or their authorized representative, upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the Enrollee's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; State Water Resources Control Board Order No. 2006-0003 Page 18 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order or as otherwise authorized by the California Water Code, any substances or parameters at any location. G. GENERAL MONITORING AND REPORTING REQUIREMENTS 1. The Enrollee shall furnish to the State or Regional Water Board, within a reasonable time, any information that the State or Regional Water Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The Enrollee shall also furnish to the Executive Director of the State Water Board or Executive Officer of the applicable Regional Water Board, upon request, copies of records required to be kept by this Order. 2. The Enrollee shall comply with the attached Monitoring and Reporting Program No. 2006-0003 and future revisions thereto, as specified by the Executive Director. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 2006-0003. Unless superseded by a specific enforcement Order for a specific Enrollee, these reporting requirements are intended to replace other mandatory routine written reports associated with SSOs. 3. All Enrollees must obtain SSO Database accounts and receive a "Usemame" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within 30days of receiving an account and prior to recording spills into the SSO Database, all Enrollees must complete the "Collection System Questionnaire", which collects pertinent information regarding a Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. 4. Pursuant to Health and Safety Code section 5411.5, any person who, without regard to intent or negligence, causes or permits any untreated wastewater or other waste to be discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State, as soon as that person has knowledge of the discharge, shall immediately notify the local health officer of the discharge. Discharges of untreated or partially treated wastewater to storm drains and drainage channels, whether man-made or natural or concrete -lined, shall be reported as required above. Any SSO greater than 1,000 gallons discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State shall also be reported to the Office of Emergency Services pursuant to California Water Code section 13271. State Water Resources Control Board Order No. 2006-0003 Page 19 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 H. CHANGE IN OWNERSHIP This Order is not transferable to any person or party, except after notice to the Executive Director. The Enrollee shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new Enrollee containing a specific date for the transfer of this Order's responsibility and coverage between the existing Enrollee and the new Enrollee. This agreement shall include an acknowledgement that the existing Enrollee is liable for violations up to the transfer date and that the new Enrollee is liable from the transfer date forward. 1. INCOMPLETE REPORTS 1. If an Enrollee becomes aware that it failed to submit any relevant facts in any report required under this Order, the Enrollee shall promptly submit such facts or information by formally amending the report in the Online SSO Database. J. REPORT DECLARATION 1 All applications, reports, or information shall be signed and certified as follows: (i) All reports required by this Order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) (ii) An individual is a duly authorized representative only if: (a) The authorization is made in writing by a person described in paragraph (i) of this provision; and (b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS 1. The California Water Code provides various enforcement options, including civil monetary remedies, for violations of this Order. 2. The California Water Code also provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or i i v State Water Resources Control Board Order No. 2006-0003 Page 20 of 20 Statewide General W6R For Wastewater Collection Agencies 512106 falsifying any information provided in the technical or monitoring reports is subject to civil monetary penalties. L. SEYERABILITY 1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 2. This order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the Enrollee from liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge. CERTIFICATION The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDRs duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 2, 2006. AYE: Tam M. Doduc Gerald D. Secundy NO: Arthur G. Baggett ABSENT: None Song Her Clerk to the Board STATE WATER RESOURCES CONTROL BOARD MONITORING AND REPORTING PROGRAM NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order No. 2006-2003, "Statewide General,Waste Discharge Requirements for Sanitary Sewer Systems." Revisions to this MRP may be made at any time by the Executive Director, and may include a reduction or increase in the monitoring and reporting. A. SANITARY SEWER OVERFLOW REPORTING SSO Categories Category 1 - All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system that: A. Equal or exceed 1000 gallons, or B. Result in a discharge to a drainage channel and/or surface water; or C. Discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system. 2. Category 2 — All other discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system. 3. Private Lateral Sewage Discharges — Sewage discharges that are caused by blockages or other problems within a privately owned lateral. SSO Reporting Timeframes 4. Category 1 SSOs — All SSOs that meet the above criteria for Category 1 SSOs must be reported as soon as: (1) the Enrollee has knowledge of the discharge, (2) reporting is possible, and (3) reporting can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of Category 1 SSOs must be reported to the Online SSO System as soon as possible but no later than 3 business days after the Enrollee is made aware of the SSO. Minimum information that must be contained in the 3-day report must include all information identified in section 9 below, except for item 9.K. A final certified report must be completed through the Online SSO System, within 15 calendar days of the conclusion of SSO response and remediation. Additional information may be added to the certified report, in the form of an attachment, at any time. The above reporting requirements do not preclude other emergency notification requirements and timeframes mandated by other regulatory agencies (local Monitoring and Reporting Program No. 2006-0003 Page 2 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 County Health Officers, local Director of Environmental Health, Regional Water Boards, or Office of Emergency Services (OES)) or State law. 5. Category 2 SSOs - All SSOs that meet the above criteria for Category 2 SSOs must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of January must be entered into the database by March 1 st). 6. Private Lateral Sewage Discharges — All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SSO Database based upon the Enrollee's discretion. If a Private Lateral sewage discharge is recorded in the SSO Database, the Enrollee must identify the sewage discharge as occurring and caused by a private lateral, and a responsible party (other than the Enrollee) should be identified, if known. 7. If there are no SSOs during the calendar month, the Enrollee will provide, within 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SSOs for the designated month. 8. In the event that the SSO Online Database is not available, the enrollee must fax all required information to the appropriate Regional Water Board office in accordance with the time schedules identified above. In such event, the Enrollee must also enter all required information into the Online SSO Database as soon as practical. Mandatory Information to be Included in SSO Online Reporting All Enrollees must obtain SSO Database accounts and receive a "Username" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within thirty (30) days of receiving an account and prior to recording SSOs into the SSO Database, all Enrollees must complete the "Collection System Questionnaire", which collects pertinent information regarding an Enrollee's collection system. The "Collection System Questionnaire" must be updated at least every 12 months. At a minimum, the following mandatory information must be included prior to finalizing and certifying an SSO report for each category of SSO: 9. Category 2 SSOs: A. Location of SSO by entering GPS coordinates; B. Applicable Regional Water Board, i.e. identify the region in which the SSO occurred; C. County where SSO occurred; D. Whether or not the SSO entered a drainage channel and/or surface water; E. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system; Monitoring and Reporting Program No. 2006-0003 Statewide General WDRs for Sanitary Sewer Systems Page 3 of5 5/2/2006 F. Estimated SSO volume in gallons; G. SSO source (manhole, cleanout, etc.); H. SSO cause (mainline blockage, roots, etc.); I. Time of SSO notification or discovery; J. Estimated operator arrival time; K. SSO destination; L. Estimated SSO end time; and M. SSO Certification. Upon SSO Certification, the SSO Database will issue a Final SSO Identification (ID) Number. 10. Private Lateral Sewage Discharges: A. All information listed above (if applicable and known), as well as; B. Identification of sewage discharge as a private lateral sewage discharge; and C. Responsible party contact information (if known). 11. Category 1 SSOs: A. All information listed for Category 2 SSOs, as well as; B. Estimated SSO volume that reached surface water, drainage channel, or not recovered from a storm drain; C. Estimated SSO amount recovered; D. Response and corrective action taken; E. If samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA must be selected. F. Parameters that samples were analyzed for (if applicable); G. Identification of whether or not health warnings were posted; H. Beaches impacted (if applicable). If no beach was impacted, NA must be selected; I. Whether or not there is an ongoing investigation; J. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps; K. OES control number (if applicable); L. Date OES was called (if applicable); M. Time OES was called (if applicable); N. Identification of whether or not County Health Officers were called; O. Date County Health Officer was called (if applicable); and P. Time County Health Officer was called (if applicable). Reporting to Other Regulatory Agencies These reporting requirements do not preclude an Enrollee from reporting SSOs to other regulatory agencies pursuant to California state law. These reporting requirements do not replace other Regional Water Board telephone reporting requirements for SSOs. Monitoring and Reporting Program No. 2006-0003 Page 4 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 1. The Enrollee shall report SSOs to OES, in accordance with California Water Code Section 13271. Office of Emergency Services Phone (800) 852-7550 2. The Enrollee shall report SSOs to County Health officials in accordance with California Health and Safety Code Section 5410 et seq. 3. The SSO database will automatically generate an e-mail notification with customized information about the SSO upon initial reporting of the SSO and final certification for all Category 1 SSOs. E-mails will be sent to the appropriate County Health Officer and/or Environmental Health Department if the county desires this information, and the appropriate Regional Water Board. B. Record Keeping 1. Individual SSO records shall be maintained by the Enrollee for a minimum of five years from the date of the SSO. This period may be extended when requested by a Regional Water Board Executive Officer. 3. All records shall be made available for review upon State or Regional Water Board staffs request. 4. All monitoring instruments and devices that are used by the Enrollee to fulfill the prescribed monitoring and reporting program shall be properly maintained and calibrated as necessary to ensure their continued accuracy; 5. The Enrollee shall retain records of all SSOs, such as, but not limited to and when applicable: a. Record of Certified report, as submitted to the online SSO database; b. All original recordings for continuous monitoring instrumentation; C. Service call records and complaint logs of calls received by the Enrollee; d. SSO calls; e. SSO records; f. Steps that have been and will be taken to prevent the SSO from recurring and a schedule to implement those steps. g. Work orders, work completed, and any other maintenance records from the previous 5 years which are associated with responses and investigations of system problems related to SSOs; h. A list and description of complaints from customers or others from the previous 5 years; and i. Documentation of performance and implementation measures for the previous 5 years. 6. If water quality samples are required by an environmental or health regulatory agency or State law, or if voluntary monitoring is conducted by the Enrollee or its agent(s), as a result of any SSO, records of monitoring information shall include: Monitoring and Reporting Program No. 2006-0003 Page 5 of5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; 'd. The individual(s) who performed the analyses; e. The analytical technique or method used; and, f. The results of such analyses. C. Certification 1. All final reports must be certified by an authorized person as required by Provision J of the Order. 2. Registration of authorized individuals, who may certify reports, will be in accordance with the CIWQS' protocols for reporting. Monitoring and Reporting Program No. 2006-0003 will become effective on the date of adoption by the State Water Board. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Board held on May 2, 2006. Song Her Clerk to the Board FACT SHEET STATE WATER RESOURCES CONTROL BOARD ORDER NO.2006-0003 STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board (State Water Board) adopted Resolution 2004-80 in November 2004, requiring staff to work with a diverse group of stakeholders (known as the SSO Guidance Committee) to develop a regulatory mechanism to provide a consistent statewide approach for reducing Sanitary Sewer Overflows (SSOs). Over the past 14 months, State Water Board staff in collaboration with the SSO Guidance Committee, developed draft statewide general waste discharge requirements (WDRs) and a reporting program. The WDRs and reporting program reflect numerous ideas, opinions, and comments provided by the SSO Guidance Committee. The SSO Guidance Committee consists of representatives from the State Water Board's Office of Chief Counsel, several Regional Water Quality Control Boards (Regional Water Boards), United States Environmental Protection Agency (USEPA), Region IX, non -governmental environmental organizations, as well as publicly -owned sanitary sewer collection system agencies. The draft WDRs, reporting program, and associated documents result from a collaborative attempt to create a robust and rigorous program, which will serve as the basis for consistent and appropriate management and operation of sanitary sewer systems. During the collaborative process, several key issues regarding the draft WDRs were identified. These include: • Is there a need for statewide collection system requirements? • Should these systems be regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Federal Clean Water Act or under WDRs issued pursuant to the California Water Code (the Porter -Cologne Water Quality Control Act or Porter -Cologne)? • Should the regulatory mechanism include a prohibition of discharge and, if so, should the prohibition encompass only SSOs that reach surface waters, ground water, or should all SSOs be prohibited? • Should a regulatory mechanism include a permitted discharge, an affirmative defense, or explicit enforcement discretion? • Should the regulated facilities include publicly -owned facilities, privately owned facilities, satellite systems (public and private), and/or private laterals? Fact Sheet for Order No. 2006-0003 Page 2 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 • Should all SSOs be reported, and if not, what should the reporting thresholds be; and what should the reporting timeframes be? • How will existing permits and reporting requirements incorporate these new WDRs? • How much will compliance with these new WDRs cost? The WDRs and Reporting Program considered the comments of all stakeholders and others who commented on the two drafts circulated to the public. These documents also incorporate legal requirements and other revisions to improve the effectiveness and management of the regulatory program. Following is a discussion of the above issues, comments received on the drafts and an explanation of how.issues were resolved. The Need As California's wastewater collection system infrastructure begins to age, the need to proactively manage this valuable asset becomes increasingly important. The first step in this process is to have a reliable reporting system for SSOs. Although there are some data systems to record spills and various spill -reporting requirements have been developed, inconsistent requirements and enforcement have led to poor data quality. A few Regional Water Boards have comprehensively tracked SSOs over the last three to five years, and from this information we have been able to determine that the majority of collection systems surveyed have had SSOs within this time period. Both the San Diego and Santa Ana Regional Water Boards have issued WDRs over the last several years to begin regulating wastewater collection systems in an attempt to quantify and reduce SSOs. In fact, 44 out of 46 collection system agencies regulated by the San Diego Regional Water Board have reported spills over the last four and a half years, resulting in 1467 reported SSOs. Twenty-five out of 27 collection system agencies subject to the Santa Ana Regional Water Board's general WDRs reported SSOs between the years of 1999-2004. During this time period, 1012 SSOs were reported. The 2004 Annual Ocean and Bay Water Quality Report issued by the Orange County Environmental Health Care Agency shows the number of SSOs increasing from 245 in 1999 to 399 in 2003. While this number indicates a concerning trend, the total annual spill volume from these SSOs has actually decreased dramatically, as has the number of beach closures due to SSOs. It is likely, therefore, that the rise in number of SSOs reflects better reporting, and not an actual increase in the number of SSOs. This information also suggests that the Santa Ana Regional Water Board's WDRs, which contain sanitary sewer management plan (SSMP) requirements similar to those in the proposed statewide general WDRs, have been effective in Fact Sheet for Order No. 2006-0003 Page 3 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 not only increasing the number of spills that are reported but also in mitigating the impacts of SSOs that do occur. Data supports the conclusion that virtually all collection systems have SSOs and that implementation of a regulatory measure requiring SSO reporting and collection system management, along with required measures to limit SSOs, will greatly benefit California water quality. Implementation of these requirements will also greatly benefit and prolong the useful life of the sanitary sewer system, one of Califomia's most valuable infrastructure items. NPDES vs. WDRs Porter -Cologne subjects a broader range of waste discharges to regulation than the Federal Clean Water Act. In general, the Clean Water Act prohibits the discharge of pollutants from point sources to surface waters of the United States unless authorized under an NPDES permit. (33 U.S.C. §§1311, 1342). Since not all SSOs result in a discharge to surface water, however, not all SSOs violate the Clean Water Act's NPDES permitting requirements. Porter -Cologne, on the other hand, covers all existing and proposed waste discharges that could affect the quality of state waters, including both surface waters and groundwater. (Wat. Code §§13050(e), 13260). Hence, under Porter -Cologne, a greater SSO universe is potentially subject to regulation under WDRs. In addition, WDRs under Porter -Cologne can address both protection of water quality as well as the prevention of public nuisance associated with waste disposal. (ld. §13263). Some commenters contend that because all collection systems have the potential to overflow to surface waters the systems should be regulated under an NPDES permit. A recent decision by the United States Court of Appeals for the 2"d Circuit, however, has called into question the states' and USEPA's ability to regulate discharges that are only "potential" under an NPDES permit. In Waterkeeper Alliance v. United States Environmental Protection Agency (2005) 399 F.3d 486, 504-506, the appellate court held that USEPA can only require permits for animal feedlots with "an actual addition" of pollutants to surface waters. While this decision may not be widely followed, especially in the area of SSOs, these are clearly within the jurisdiction of the California Water Code. USEPA defines a publicly owned treatment works (POTW) as both the wastewater treatment facility and its associated sanitary sewer system (40 C.F.R. §403.3(o)'). Historically, only the portion of the sanitary sewer system that is owned by the same agency that owns the permitted wastewater treatment facility has been subject to NPDES permit requirements. Satellite sewer collection systems (i.e. systems not owned or operated by the POTW) have not been 1 The regulation provides that a POTW include sewers, pipes, and other conveyances only if they convey wastewater to a POTW. Fact Sheet for Order No. 2006-0003 Page 4 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2l2006 typically regulated as part of the POTW and, therefore, have not generally been subject to NPDES permit requirements. Comments were received that argued every collection system leading to a POTW that is subject to an NPDES permit should also be permitted based upon the USEPA definition of POTW. Under this theory, all current POTW NPDES permits could be expanded to include all satellite sewer collection systems, or alternatively, the satellite system owners or operators could be permitted separately. However, this interpretation is not widely accepted and USEPA has no official guidance to this fact. There are also many wastewater treatment facilities within California that do not have discharges to surface water, but instead use percolation ponds, spray irrigation, wastewater reclamation, or other means to dispose of the treated effluent. These facilities, and their satellite systems, are not subject to the NPDES permitting process and could not be subject to a statewide general NPDES permit. POTWs that fall into this category, though, can be regulated under Porter -Cologne and do have WDRs. In light of these factors, the State Water Board has determined that the best approach is to propose statewide general WDRs at this time. Prohibition of Discharge The Clean Water Act prohibits the discharge of wastewater to surface waters except as authorized under an NPDES permit. POTWs must achieve secondary treatment, at a minimum, and any more stringent limitations that are necessary to achieve water quality standards. (33 U.S.C. §1311(b)(1)(B) and (Q. Thus, an SSO that results in the discharge of raw sewage to surface waters is prohibited under the Clean Water Act. Additionally, California Water Code section 13263 requires the State Water Board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. California Water Code section 13050 (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Fact Sheet for Order No. 2006-0003 Page 5 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 c. Occurs during, or as a result of, the treatment or disposal of wastes. Some SSOs do create a nuisance as defined in state law. Therefore, based upon these statutory requirements, the WDRs include prohibitions in Section C. of the WDRs. Section C. states: C. PROHIBITIONS 1. Any SSO that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater, which creates a nuisance as defined in California Water Code section 13050(m) is prohibited. Furthermore, the State Water Board acknowledges the potential for more stringent water quality standards that may exist pursuant to a Regional Water Board requirement. Language included in Section D.2 of the WDRs allows for these more stringent instances. D. PROVISIONS 2. It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Water Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative/judicial order or Consent Decree; (ii) Interpreted or applied to authorize an SSO that is illegal under either the Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a Regional Water Board from issuing an individual NPDES permit or WDRs, superseding the general WDRs, for a sanitary sewer system, authorized under the Clean Water Act or California Water Code; or (iv) Interpreted or applied to supersede any more specific or more stringent WDRs or enforcement order issued by a Regional Water Board. Permitted Discharge, Affirmative Defense, and Enforcement Discretion Commenters from the discharger community have requested inclusion of an affirmative defense to an SSO on the grounds that certain SSO events are unforeseen and unavoidable, such as SSOs due to extreme wet weather events. An affirmative defense is a mechanism whereby conduct that otherwise violates WDRs or a permit will be excused, and not subject to an enforcement action, under certain circumstances. Since many collection system industry experts believe that not all SSOs may be prevented, given certain circumstances (such as unforeseen vandalism, extreme wet weather, or other acts of God), many Fact Sheet for Order No. 2006-0003 Page 6 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 collection system owner representatives believe this should formally be recognized by including an affirmative defense for these unavoidable SSOs. Previous informal drafts of the general WDRs included affirmative defense language, which was contingent upon appropriate development and implementation of sanitary sewer management plan (SSMP) requirements, as well as a demonstration that the SSO was exceptional and unavoidable. Other stakeholders, including USEPA and the environmental groups opposed the concept of an affirmative defense for SSOs. They argued that its inclusion in the WDRs would undermine the Clean Water Act and inappropriately limit both Regional Water Board and third party enforcement. After considering input from all stakeholders, and consulting with USEPA, staff is not recommending inclusion of an affirmative defense. Rather, the draft WDRs incorporate the concept of enforcement discretion, and explicitly identify what factors must be considered during any civil enforcement proceeding. The enforcement discretion portion of the WDRs is contained within Sections D. 6 and 7, and is consistent with enforcement discretion provisions within the California Water Code. Facilities Subject to WDRs Collection systems consist of pipelines and their appurtenances, which are intended to transport untreated wastewater to both publicly -owned and private wastewater treatment facilities. While wastewater treatment facilities are owned by a wide variety of public and private entities, public agencies (state and federal agencies, cities, counties, and special districts) own the vast majority of this infrastructure. Collection systems that transport wastewater to POTWs could be grouped into four different categories: 1. Publicly -owned treatment works — pipelines and appurtenances that are owned by a public agency that also owns a wastewater treatment facility; 2. Publicly -owned satellites — pipelines and appurtenances that are owned by a public agency that does not own a wastewater treatment facility; and 3. Private laterals - pipelines and appurtenances that are not owned by a public agency, but rather discharge into one of the above types of facilities. 4. Privately owned treatment works — pipelines and appurtenances that are owned by a private entity, which also owns a wastewater treatment facility (often a septic tank and leach field). The WDRs require all public agencies, which own wastewater collection systems (category 1 and 2 above) to enroll in the WDRs. Privately owned systems (categories 3 and 4) are not subject to the WDRs; however, a Regional Water Fact Sheet for Order No. 2006-0003 Page 7 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Board may at its discretion issue WDRs to these facilities on a case -by -case or region wide basis. Collection systems discharging into POTWs (categories 1, 2, and 3) represent, by far, the greatest amount of collection system infrastructure within California. Since regulating private entities (categories 3 and4) on a statewide basis would be unmanageable and impractical (because of the extremely large number and lack of contact information and other associated records), staff believes focusing on the public sector is the best option for meaningful and consistent outcomes. The legal authority and reporting provisions contained in the WDR do require limited oversight of private laterals (category 3) by public entities. Given this limited responsibility of oversight, public entities are not responsible or liable for private laterals. State Water Board staff will notify all known public agencies that own wastewater collection systems, regarding their obligation to enroll under these WDRs. However, because of data inaccuracies, State Water Board staff may inadvertently not contact an agency that should enroll in the WDRs or erroneously contact a public agency that does not own a collection system. Staff will make every effort to accurately identify public agencies. In the event that a public agency is overlooked or omitted, however, it is the agency's responsibility to contact the State Water Board for information on the application process. An agency can find the appropriate contact by visiting the State Water Board's SSO homepage at www.waterboards.ca. ovq_ /sso. SSO Reporting SSOs can be distinguished between those that impact water quality and/or create a nuisance, and those that are indicators of collection system performance. Additionally, SSO liability is attributed to either private entities (homeowners, businesses, private communities, etc...) or public entities. Although all types of SSOs are important to track, the reporting time frames and the type of information that need to be conveyed differ. The Reporting Program and Online SSO Database clearly distinguish the type of spill (major or minor) and the type of entity that owns the portion of the collection system that experienced the SSO (public or private entity). The reason to require SSO reporting for SSOs that do not necessarily impact public health or the environment is because these types of SSOs are indicators of collection system performance and management program effectiveness, and may serve as a sign of larger and more serious problems that should be addressed. Although these types of spills are important and must be regulated by collection system owners,. the information that should be tracked and the time required to get them into the online reporting system are not as stringent. Fact Sheet for Order No. 2006-0003 Page 8 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Obviously, SSOs that are large in nature, affect public health, or affect the environment must be reported as soon as practicable and information associated with both the spill and efforts to mitigate the spill must be detailed. Since the Online SSO Database is a web based application requiring computer connection to the internet and is typically not as available as telephone communication would be, the Online Database will not replace emergency notification, which may be required by a Regional Water Board, Office of Emergency Services, or a County Health or Environmental Health Agency. Incorporating Existing Permits It is the State Water Board's intent to have one statewide regulatory mechanism that lays out the foundation for consistent collection system management requirements and SSO reporting. While there are a significant number of collection systems that are not actively regulated by the State or Regional Water Boards, some efforts have been made to regulate these agencies on a facility -by - facility or region -by -region basis. General WDRs, individual WDRs, NPDES permits, and enforcement orders that specifically include collections systems are mechanisms that have been used to regulate collection system overflows. However, because of these varying levels of regulatory oversight, confusion. exists among collection system owners as to regulatory expectations on a consistent and uniform basis (especially with reporting spills). Currently, there are a myriad of different SSO reporting thresholds and a number of different spill report repositories. Because of the varying levels of reporting thresholds and the lack of a common database to capture this information, an accurate picture of SSOs throughout California is unobtainable. In order to provide a consistent and effective SSO prevention program, as well as to develop reasonable expectations for collection system management, these General WDRs should be the primary regulatory mechanism to regulate public collection systems. The draft WDRs detail requirements associated with SSMP development and implementation and SSO reporting. All NPDES permits for POTWs currently include federally required standard conditions, three of which apply to collection systems. NPDES permits must clarify that the following three conditions apply to that part of the collection system that is owned or operated by the POTW owner or operator. These conditions are: Duty to mitigate discharges (40 CFR 122.41(d)) Requirement to properly operate and maintain facilities (40 CFR 122.41(e)) Requirement to report non-compliance (40 CFR 122.41(I)(6) and (7)) t .` Fact Sheet for Order No. 2006-0003 Page 9 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006 Understandably, revising existing regulatory measures will not occur immediately. However, as time allows and, at a minimum, upon readopting existing WDRs or WDRs that serve as NPDES permits, the Regional Water Boards should rescind redundant or inconsistent collection system requirements. In addition, the Regional Water Boards must ensure that existing NPDES permits clarify that the three standard permit provisions discussed above apply to the permittee's collection system. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, there will be some instances when Regional Water Boards will need to impose more stringent or prescriptive requirements. In those cases, more specific or more stringent WDRs or an NPDES permit issued by a Regional Water Board will supersede this Order. Finding number 11, in the WDRs states: 11. Some Regional Water Boards have issued WDRs or WDRs that serve as National Pollution Discharge Elimination System (NPDES) permits to sanitary sewer system owners/operators within their jurisdictions. This Order establishes minimum requirements to prevent SSOs. Although it is the State Water Board's intent that this Order be the primary regulatory mechanism for sanitary sewer systems statewide, Regional Water Boards may issue more stringent or more prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. Cost of Compliance While the proposed WDRs contain requirements for systems and programs that should be in place to effectively manage collection systems, many communities have not implemented various elements of a good management plan. Some agencies are doing an excellent job managing their collection systems and will incur very little additional costs. Other agencies will need to develop and implement additional programs and will incur greater costs. However, any additional costs that a public agency may incur in order to comply with these General WDRs are costs that an agency would necessarily incur to effectively manage and preserve its infrastructure assets, protect public health and prevent nuisance conditions. These General WDRs prescribe minimum management requirements that should be present in all well managed collection system agencies. In order to estimate the compliance costs associated with the proposed WDRs, staff analyzed costs associated with implementing the Santa Ana Regional Water Board's general WDRs. Twenty-one agencies, which discharge to Orange County Sanitation District, submitted financial summaries for the last five years, representing both pre- and post-WDRs adoption. Operation and maintenance costs, program development costs, as well as capital improvement costs were t M 4 „ a s. Fact Sheet for Order No. 2006-0003 Page 10 of 10 Statewide General WDR For Wastewater Collection System Agencies 5/2/2006. considered and fairly accurately represent what can be expected statewide with the adoption of the General WDRs. After extrapolating the sample to yield a statewide cost perspective, the projected annual cost of implementing the statewide WDRs is approximately $870 million. This total represents $345.6 million in O&M costs and $524.5 for capital improvement projects. While this sum is substantial, presenting the costs on a per capita or per household basis puts the figure in perspective. Department of Finance estimated the total population for Californians that may be subject to the WDRs to be 30.3 million persons (1/1/05). Dividing the population by the approximate average household size of 2.5 yields 12 million households. The average household in California is assumed to be 2.5 persons. The increased average annual cost (in order to comply with these WDRs) per person is estimated to be $28.74 and $71.86 per household (or $5.99 per month per household) Given these average costs there will be some communities that realize higher costs on a per household basis and some that realize less cost. Furthermore, larger communities will probably also realize an economy of scale, which is dependent upon a community's size. While larger communities may see lower costs associated with compliance, smaller communities will probably see a higher cost associated with compliance. Costs for compliance in small communities may be as high as $40 per month per household. EXHIBIT B Exhibit "B" CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONSULTANT REQUESTED BY: Vrni are herehv directed to makes the herein rleerriharl Annoee frnm the nrivinnl crnne of wnrk of thiQ agreement_ Agreement Amount (Base Bid) ............................................. $ Amount of This Change Order $ Amount of Previous Change Orders $ Total Change Orders $ Modified Agreement Amount $ By reason of this order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: Purchasing/Project File/Consultant 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 11, 2007 Infrastructure Engineering Corporation Attn: Scott Humphrey Sr. Project Manager 717 Pier Way Oceanside, CA 92054 Re: Consulting Services Agreement Dear Mr. Humphrey: The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on July 2, 2007, through Resolution No. 9358. If you have any questions regarding this matter, please call Mr. Samuel K. Wilson at 323/583-8811 ext. 245. Very truly yours, Nelly Gir n City Clerk NG:kr c: Samuel K. Wilson Dolores Jaunzemis Resolution No. 9354- Agreement File No. 07-068 E CAsively Industriaf AMvv-e_A t h CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF I SHEETS PROJECT: Sewer System Management Plan P.O. NO. TO: Infrastructure Engineering Corporation, Inc. CONSULTANT REQUESTED BY: The City of Vernon You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional wnrk as if said wnrk was nrioinally inebvierl in the norePmPnt Infrastructure Engineering Corporation will collect sewer flow data over a period of at least four weeks at ten (10) sites during the upcoming wet weather season (2008-2009), in order to develop City -specific peak dry and peak wet weather wastewater flow criteria. Agreement Amount (Base Bid) ................................... .. $ 95,290.00 Amount of This Change Order I ...................... $ 84,510.00 Amount of Previous Change Orders I .................................. $ - 0 Total Change Orders .. .. $ 84,510.00 Modified Agreement Amount ...... .. ...... .. ......... .. ............... . $ 179,800.00 By reason of this change order the time of completion will be adjusted as follows: `d Approved: r Date: iree or of Community Services & Water Attest: At"f� Date: Manue a Giz n, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Llb—(J)44.v'� Consultant: By: Title: Y yin (,If N c: rroject riieit_,onsuuanvrurcnasmg Rev. 06/08 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Sewer System Management Plan P.O. NO. TO: Infrastructure Engineering Corporation, Inc. CONSULTANT REQUESTED BY: The City of Vernon You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional work as if said work was originally included in the agreement_ Infrastructure Engineering Corporation will collect sewer flow data over a period of at least four weeks at ten (10) sites during the upcoming wet weather season (2008-2009), in order to develop City -specific peak dry and peak wet weather wastewater flow criteria. Agreement Amount (Base Bid) ...... .... ... .... .. .......... .... . ..... . .... $ 95,290.00 Amount of This Change Order ....... ....... ..... .. .. $ 84,510.00 Amount of Previous Change Orders F ... ...... ....... ........ $ 0 Total Change Orders ....... ... .. .. .. $ 84 510.00 Modified Agreement Amount . . ... .... ...... . .......... ...... ..... ....... $ 179,800.00 By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Manuela Giron, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: c: Project rile/Consultant/Purchasing Rev. 06/08 is Ira"51fu x ..., Engine 'Ing carpof_'aL"011 January 6, 2009 Mr. Scott Rigg Public Works and Water Superintendent City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Reference: 2008-2009 Wet Weather Sewer Flow Monitoring Proposal Dear Mr. Rigg: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to submit this proposal to assist the City of Vernon (City) by conducting a 28-day Wet Weather Sewer Flow Monitoring Study. IEC has developed a preliminary flow monitoring plan which includes ten (10) proposed flow monitor sites, as illustrated in Figure 1. The City is currently completing their Sewer System Management Plan, which includes the development of a phased and prioritized Capital Improvement Plan (CIP). As the City does not currently have its own criteria for estimating, peak flows from average flows, the Los Angeles Department of Water and Power's (LADWP) Peak Dry Weather Curve was utilized, as published in the LADWT Bureau of Engineering Manual — Part E Furthermore, peak wet weather flows were developed using industry standards for estimating Rain flow Dependent Inflow and Infiltration (RDII). Due to the City's industrial nature, it is unlikely that such general peaking methodologies accurately reflect the flow generation patterns of the City's major industrial users. In order to develop City -specific peak dry and peak wet weather wastewater flow criteria, IEC has identified ten (10) flow monitor sites, in order to ensure that estimates of peak flows accurately represent the industry specific nature of the City of Vernon. IEC believes that City peak flows may be less than those predicted by the LADWP peak dry weather equation, thereby substantially affecting the phasing and recommendations of the City's wastewater CIP. Accordingly, the need to obtain accurate dry and wet weather flow monitoring data will be critical in allowing the City to continue its history of pro -active facility planning. Accurate flow monitoring data will help to validate the recommendations being made from the CIP. One of the City's critical drivers for this project is the collection of wet weather flow monitoring data this wet weather season (i.e. 2008-2009). IEC is prepared to begin work immediately upon receiving a notice -to -proceed, thereby making certain that manholes will "be in the ground" on time. It is also important to note that our Flow Monitoring approach differs from other flow monitoring firms in the fact that our flow monitoring budget includes the entire wet weather period (December through April). If adequate rainfall data is not captured within 28-days, IEC will leave the flow monitors in the ground throughout the wet weather period at no additional cost to the City. Often times, weekly extension prices on a project of this magnitude can exceed $15,000 per week. However, IEC's philosophy is to leave our meters in the ground throughout the wet -weather season until adequate wet weather data is collected for the City. 5242 Katella Ave, Suite 205, Los Alamitos, California 90720 T 562.344,9060 f 562.344.9055 www.iecorporotion.com A b�%Eri 9 d Ary� Mr. Scott Rigg January 6, 2009 Page 2 of 2 We propose to complete this project for $84,510. IEC anticipates draft report submittal within one (1) month of obtaining the required wet weather data Please feel free to contact Dr. Jeff Kirshberg anytime at (858) 472-8351 if you have any questions. Very truly yours, c Scott Humphrey Senior Project Manager cc: Jeff Kirshberg, IEC Infrastructure Engineering Corporation (IEC) will collect sewer flow data over a period of at least four weeks at ten (10) sites during the upcoming wet weather season (i.e. 2008-2009), utilizing the following approach: Flow Monitoring Equipment. The flow monitoring equipment provided by IEC shall be suitable for open channel and pressure pipe sewer flow monitoring. IEC will use portable, battery -powered flow monitoring equipment at all flow monitor locations. Flow monitors will be programmed to record measured flow depth and velocity at no greater than 15-minute intervals. For small diameter pipes with a depth of flow from 3" to 41" and <24" diameter, IEC will use area -velocity flow monitoring equipment. These flow monitors use bubbler or pressure sensor technology for level measurement, and traditional ultrasonic (i.e., continuous wave Doppler) technology for velocity measurement. Typical accuracy of traditional area -velocity flow equipment is +/- 5% to 30%, due to the limitations of this technology. For large diameter pipes with a depth of flow from 8" to 144" and >_24" diameter, IEC typically uses the ADFM Velocity ProfilerTM (ADFM) flow monitor in place of traditional, continuous -wave Doppler flow monitors. The ADFM uses a combination level/velocity transducer featuring an upward -looking ultrasonic level sensor and advanced pulse Doppler technology to accurately measure velocities at multiple points throughout the wetted cross-section. The ADFM's pulse Doppler technology allows much more accurate velocity measurement, and therefore a more accurate flow rate computation than typical continuous wave Doppler systems. The upward looking ultrasonic level sensor is less prone to fouling, can measure full pipe condition and is less susceptible to failure from strikes by floating debris than other sensors. Additionally, the upward looking ultrasonic level sensor does not experience drift in measurements as do pressure and bubbler sensor systems. The ADFM is IEC's preferred flow monitoring technology. The ADFM typically measures flow rate with an accuracy of ± 2% of actual flow rate. Safety IEC has full responsibility for the safety of its employees and agents, including providing appropriate safety equipment for its field personnel. IEC shall assign personnel to the project that are trained in flow monitoring, familiar with working in the field and are trained in safe traffic control and permit -required confined space access procedures. A 2-person field crew is nominally required for safe confined space access (manhole entry) per OSHA regulation. IEC shall be fully responsible for its own safety while on the job. IEC personnel shall comply with City, County, State and Federal OSHA requirements. Trajc Control IEC will provide limited trafc control setup with cones and signs, as required. IEC assumes heavy traffic control, including all labor and equipment beyond cones and signs will be provided by others, if required. Heavy traffic control would include, but not be limited to, traffic plan(s), flag person(s), arrow board(s), lighted sign board(s), etc. It is assumed that individual the traffic control permits are not required (including traffic permit fees), but rather IEC can implement limited tralc control as -needed, in a manner compliant with the Work Area Traffic Control Handbook (WATCH Manual). Additionally, our cost for the proposed scope of work assumes that manhole(s) are accessible (e.g. not buried, not paved over, not on private property etc.), and hydraulically sufficient for monitoring (e.g. no protruding objects or disruption of flows). Cleaning of gravity mains is sometimes necessary to achieve optimal results. Cleaning costs are not included, as a majority of pipelines are not anticipated to require cleaning prior to flow meter insertion. For those pipelines that do require cleaning, it is assumed that the City will perform the necessary cleaning. Cost estimates include the ten (10) sites identified in Figure 1. As shown below, two (2) separate unit costs were utilized in developing costs for the City: • $7,900 for a small -diameter (< 24-inch) sewer flow meter, to be installed a minimum of 28-days • $8,900 for a large -diameter (> or equal to 24-inch) sewer flow meter, to be installed a minimum of 28- days Task 1 Finalize blow INIonitor Plan IEC will review and finalize our preliminary flow monitoring plan (supplied with our Proposal as Figure 1 and Table 1) and submit to the City for review and comment. IEC and City Staff will visit the identified flow monitor sites, and inspect each site prior to proceeding with wet -weather flow monitoring. Table 1 identifies the ten (10) proposed flow monitor sites, with their locations illustrated in Figure 1. Table 1 — Recommended Flow Meter Locations 1 FM-1 1 64 15 Alameda s/o 38th St 0.20 2 FM-3 3 45 8 52nd e/o Alameda 0.09 3 FM-4 4 114 30 Vernon e/o Saint Charles 1.83 4 FM-5 5 144 20 57th e/o Alameda 0.83 5 FM-6 6 28 15 26th w/o Downey 0.36 6 FM-9 9 96 18 Boyle n/o Slauson 0.99 7 FM-13 13 49 14 Downey No Slauson 0.44 8 FM-14 14 20 15 Bonnie Beach n/o Bandini 0.28 9 FM-16 16 1 101 1 24 District w/o Caudahy Ave 0.76 10 FM-24 1 24 1 18 1 8 52nd PI e/o Alamo 0.08 Task 2 Perform 28-dad- Wet Weather Flo-w Monitor Study IEC will attempt to collect wet weather,wastewater flow data at ten (10) sites for a period of 28 days, as illustrated in Figure 1. It is best to collect this data in January through March, as it is more likely to capture a rain event during these months. IEC will utilize a 2 or 3 person field crew, to install, maintain and remove the flow meters. IEC will generate a flow monitor report for these sites, which will include the following: • Field investigative reports that describe monitoring location/area maps, access information, manhole conditions, all pipe sizes entering/exiting manhole, equipment installed, safety conditions and gas concentrations • Manhole Inspection Images for each monitored site, depicting the major internal and external condition of each manhole • Site Data Summary o Depth o Velocity o Flow • Hydrograph(s) of depth, velocity, and flow using hourly averaging of 15-minute measurements • Tabular output(s) of the flow using hourly averaging of 15-minute measurements including daily minimum, average, peak flow rates and peak -to -average flow rate factors • Scatter graphs of the velocity and depth data over the monitoring period with a comparison to calculated Manning's equation data for each monitored site. The monitored data will be superimposed on the calculated Manning's equation • Electronic PDF version of depth, velocity, and flow rate data in 15-minute measurements provided in CSV format on a CD compatible with Microsoft Excel The results of the flow monitoring study will be analyzed for inflow and infiltration (I/I) and a report will be delivered to the City that summarizes the data analysis and makes recommendations for further study or remediation based upon the I/I analysis. Five (5) draft copies will be submitted to the City for review and comment. Upon incorporation of all City comments, five (5) final copies will be submitted to the City. In addition, one electronic copy in adobe .pdf format will be submitted to the City. The electronic copy will include all figures contained in the original Wet Weather Flow Monitoring Report. 44, p 0 0 rn m o I / tm 3 _ I = � LL CO a 4I - f� �2 i` r y _ �(F - '<b +aA3 -_ LL / - ... ,,TT f warn: L- i f ......... . ........ . ....... r J-1 I � ,— f LL I 1 LJ t � s ' 4 �. f I ( P SjjL�2xaiQ z 4 f f ":. wf C J _. .... _ _ q � sang -.•*a. _ I' _.. - .... JULY 2008 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician............... $ 63 CADD Designer I/Engineer I ................ $ 95 Graphic Designer ....................................... $105 CADD Designer II / Engineer II........... $ 105 CADD Designer III / Engineer III........ $ 115 Designer/Project Engineer ................$ 125 Senior Project Engineer ............................ $ 147 Senior Project Engineer. Planning & IS.. $ 170 Project Manager ......................................... $ 170 Senior Project Manager ............................. $ 180 Principal....................................................... $ 185 Principal Planning & IS ............................. $195 Surveying Principal Surveyor ...........................$150 Project Surveyor..............................$125 Field — 2 Man Crew ..........................$170 Administrative Administrative Clerk .................................. $ 53.00 Word Processor/Admire. Support........... $ 68.00 *Construction Construction Inspector ............................. $ 105 Senior Construction Inspector ................. $ 115 Resident Engineer ...................................... $ 130 Construction Manager ............................... $ 155 Sr. Construction Manager ......................... $ 165 CM Coordinator ......................................... $ 90 Asst CM Coordinator ................................ $ 70 Flow Monitoring Senior Field Technician ..................... $ 90 Field Operations Manager .................. $ 120 Project/Data Manager .......................$ 125 Sub -consultants will be billed at cost plus 10% unless specified otherwise in the agreement. Reimbursable Costs Reproduction, special photography, postage, delivery services, express mail, printing, travel, parking, and any other specialty services performed by subcontractor will be billed at cost plus 15%. Mileage will be billed at the current IRS allowed rate. * Field personnel rates are inclusive of vehicle, mileage, phone, computer, etc. COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 January 6, 2009 APPROVED JAN 12 '09 CITY COUNCIL Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Honorable Mayor and City Councilmen: On May 2, 2006, the State Water Resources Control Board adopted Order No. 2006-0003: A General Waste Discharge Requirement (WDR) for all publically owned sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The primary goal of Order No. 2006-0003 is to provide a uniform statewide approach for reducing Sanitary Sewer Overflows (SSOs). In order to comply with this legislation the City entered into an agreement with the Infrastructure Engineering Corporation (IEC), Inc. to develop a comprehensive Sewer System Management Plan (SSMP). IEC is nearing completion of the SSMP with only the System Evaluation and Capacity Assurance Plan remaining. The System Evaluation and Capacity Assurance Plan portion of the SSMP requires a highly complex and intricate set of test criteria in order to capture accurate and usable data. It is my recommendation to utilize IEC to conduct a 28-day Wet Weather Sewer Flow Monitoring Study to ascertain and develop City -specific peak dry and peak wet weather wastewater flow criteria. IEC has identified ten (10) flow monitoring sites to ensure that estimates of peak flows accurately represent the industry specific nature of the City of Vernon (City). It is imperative for the City to have quantifiable data relating to peak flow conditions in order to validate the infrastructure improvement recommendations of the City's Wastewater Capital Improvement Project (CIP). EXcfusiveL Zn6striaf The Department of Community Services is seeking approval to issue a change order to IEC in the amount of $84,510:00 to facilitate this work. Thank you. Respect miffed, S 1 evi Wilson, P.E. Director of Community Services and Water SKW/sr Enclosures C: Eric Fresch, City Administrator Jeff Harrison, City Attorney M.anuela Giron, City Clerk CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Sewer System Management Plan (Res. #9354) P.O. NO. 011.0001114 TO: Infrastructure Engineering Corporation, Inc. CONSULTANT REQUESTED BY: The City of Vernon You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional work as if said work was nriginally included in the ngreement Infrastructure Engineering to revise the System Evaluation and Capacity Assurance Plan to reflect the following: • Revise City's CIP to account for the new replacement criteria; • Regenerate the nine (CIP) Figures with updated facility labeling; • Regenerate all corresponding tables to reflect the updated facility labeling; • Review and update all document text to reflect the new CIP; and • Conduct a final quality assurance and quality control review by senior management. Agreement Amount (Base Bid) ............................................. $ 95,290.00 Amount of This Change Order $ 3,680.00 Amount of Previous Change Orders . . .............................. $ 84 510.00 Total Change Orders . ..................................................... $ 88,190.00 Modified Agreement Amount .............................................. $ 183,480.00 By reason of this change order the time of completion will be adjusted as follows: Approved: Date: ��. /�7 Direc of o u ty Services & Water ` ti Date: %a � I /® x4rtx Attest: r aq eta Giron, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Octobeer 6, 2009 Consultant: Infrastructure Engineering Corporation By: A C � ' q Title: Principal — Planning & IS c: rroject rtien onsuttanvrurcnasmg Rev. 06/08 h 2