CC - Item 4C - Approval of State Water Resource control Board Order no. 2009-003 Sanitary Sewer Management PlanROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE. AUGUST 25, 2009
SUBJECT: APPROVAL OF THE STATE WATER RESOURCES CONTROL BOARD
ORDER NO. 2006-0003 SANITARY SEWER MANAGEMENT PLAN
SUMMARY
In accordance with State Water Resources Control Board (SWRCB) Order No. 2006-
0003, public agencies are required to develop and implement a Sanitary Sewer System
Master Plan (SSMP). The mandate includes the requirement to properly manage,
operate, and maintain all parts of the City's local sanitary sewer system, including the
mitigation of any potential sewer overflows. The mandate also consists of general
waste discharge requirements (WDRs), which prohibit the discharge of untreated
_ wastewater that may reach waters of the United States or cause a public nuisance. The
WDRs require that the SSMP address 11 separate categories involved with managing
and operating the sewer system. These issues are identified in the attached draft
SSMP.
In order to certify the City's SSMP, the City Council must review the document and
ensure that it meets all of the WDR requirements. In addition, the SSMP must be
reviewed by the City Council and recertified every 5 years to maintain compliance with
state programs.
Staff Recommendation
Staff recommends that the City Council adopt Resolution No 2009-43 approving the
City's Supplemental Sanitary Sewer Management Plan as required by the State Water
Resources Control Board Order No. 2006-0003-Statewide General Waste Discharge
Requirements (WDR) for Sanitary Sewer Systems.
DISCUSSION
Background
The City of Rosemead local sewer system provides wastewater collection service to a
population of approximately 60,000, as well as numerous commercial and industrial
customers. The sanitary sewer system consists of approximately 81 miles of gravity
sewer mains ranging in sizes from 6-inches to 12-inches in diameter and assisted by
one pump station. The City's collection system discharges to the Los Angeles County
Sanitation District trunk sewers at various locations within the City.
ITEM NO. _ K
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
August 25, 2009
Page 2 of 4
The City of Rosemead's sewer system is entirely within the Consolidated Sewer
Maintenance District (CSMD) and Los Angeles County Sanitation District No. 15. The
local sewage system is under the jurisdiction of the City of Rosemead and is operated
and maintained by the Los Angeles County Department of Public Works.
On May 2006, the State Water Resources Control Board (SWRCB) adopted Order No.
2006-0003, establishing General Waste Discharge Requirements (WDR) for sanitary
sewer systems. This order is required for all public agencies that own or operate a
sanitary sewer system comprised of more than one mile of sewer lines which convey
untreated wastewater to a publicly owned treatment facility. The mandate further
requires public agencies to electronically report all sanitary sewer overflows (SSOs)
such as spills, releases, discharges, or diversions of untreated or partially treated
wastewater from a sanitary sewer system to the State Board's database.
Noncompliance with the mandate could subject the City to penalties and potential fines.
The goal for SSO reduction is to decrease the risk to human health and the
environment. The WDR requires the City Council to approve the SSMP at a public
meeting. Thereafter, the SSMP must be updated every five (5) years, and certified by
the City's authorized representative upon completion.
Since the City of Rosemead's sewer system falls within the Los Angeles County
Consolidated Sewer Maintenance District (CSMD), the City is required to adopt its
required SSMP in two (2) elements. The first element has been prepared by the Los
Angeles County Department of Public Works under its scope of sewer maintenance and
repair operations performed for the City as an agency member of the CSMD. The
County Board of Supervisors approved and adopted this SSMP in April 2008. The
second element is the City's Supplemental Sewer System Management Plan
(Attachment 1). If approved by the City Council, this will complete the City's obligation
under Order 2006-0003.
On May 12, 2009, the City Council authorized the City Manager to enter into a
professional services agreement with Kimley-Horn and Associates, Inc. Since that time
Kimley-Horn has worked with City staff to prepare the SSMP in order to meet the final
submittal and certification requirements included in Order 2006-0003.
The mandatory elements of the SSMP include the following categories:
1. Goals
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 sanitary
sewer overflows (SSOs), as well as mitigate any SSOs that do occur.
2. Organization
To identify the name of the responsible representative, the names and telephone
numbers for positions responsible with implementing specific measures in the .
SSMP program, and to establish the chain of communication for reporting SSOs.
City Council Meeting
August 25, 2009
Paqe 3 of 4
3. Legal Authority
To demonstrate, through sanitary sewer system use ordinance, services
agreements, or other legally binding procedures that an agency possesses the
legal authority to prevent illicit discharges in the sewer system; require that
sewers and connections be properly designed and built; ensure access for
maintenance, inspection and repairs; limit the discharge of debris that cause
blockages; and enforce any violation of sewer ordinances.
4. Operations and Maintenance
To maintain sewer system maps; describe routine preventative maintenance
activities; develop a rehabilitation and replacement plan for the sewer system;
provide staff training for responsible personnel; and provide equipment and
replacement parts for the system.
5. Design and Performance Provisions
To establish design and construction standards and specifications for the
installation of new sanitary sewer systems.
6. Overflow Emergency Response Plan
To develop and implement an overflow emergency response plan that identifies
measures to protect public health and the environment.
7. Fats, Oils and Greases (FOG) Control Plan
To implement a FOG source control program to minimize the amount of these
substances discharged to the sanitary sewer system.
8. System Evaluation and Capacity Assurance Plan
To prepare and implement a capital improvement program that will provide
hydraulic capacity of key sanitary sewer system elements for dry and wet flow
conditions.
9. Monitoring, Measurement, and Program Modifications
To maintain and monitor information that can be used to establish and prioritize
SSMP activities.
10. Program Audits
To conduct periodic internal audits that evaluate the effectiveness of the SSMP
and compliance with requirements listed in the SSMP.
11. Communication Program
To communicate on a regular basis with the public on the development,
implementation, and performance of the SSMP.
City Council Meeting
August 25, 2009
Page 4 of 4
The final draft version of the SSMP has been completed and extensively reviewed by
Public Works Department staff and meets all mandatory elements as required by the
SWRCB Order No. 2006-0003. In order to finalize this process, the Council must adopt
Resolution No. 2009-43 certifying the document and authorizing staff to submit the
City's SSMP to the State.
FINANCIAL REVIEW
In order to meet the new requirements in the SSMP, there may be some financial
impacts. The SSMP has new requirements for mapping, maintenance of new data,
development of new ordinances, staff training, ongoing reporting requirements, and
sewer flow monitoring. It is expected that these projects will be addressed in the next
one to two years. In order to fulfill all of these requirements, staff may be required to
utilize the expertise of specialized consultants.
ENVIRONMENTAL REVIEW
This project does not require environmental review.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Prepared by:
Lou LeB
City Engineer
Submitted by:
Chris Marcarello
Deputy Public Works Director
Attachments
1) Draft Sanitary Sewer System Management Plan
2) May 12, 2009 City Council Agenda Report and Minutes
3) Resolution No. 2009-43
4) State Water Resources Control Board's (SWRCB) Order No. 2006-0003-DWQ
ROSEMEAD CITY COUNCIL
TO: THE HONORABLE MAYOR AND CITY
FROM: JEFF STEWART, CITY MANAGE/NT
DATE: MAY 12, 2009 SUBJECT: SEWER SYSTEM MANAGEM AWARD
STAFF REPORT
NCIL
PLAN (SSMP) - CONTRACT
SUMMARY
In accordance with the State Water Resources Control Board's (SWRCB) Order No.
2006-0003-DWQ, public agencies are required to develop and implement a Sewer
System Management Plan (SSMP). The mandate includes the requirement to properly
manage, operate and maintain all parts of the City's local sanitary sewer system,
including the mitigation of any potential sewer overflows.
Staff Recommendation
Staff recommends that the City Council approve an agreement with Kimley-Horn &
Associates, Inc. to develop the City's Sewer System Management Plan (SSMP) and
authorize the City Manager to execute the contract.
Background
At its February 10, 2009 meeting, the City Council authorized staff to negotiate with
Kimley-Horn & Associates, Inc. to develop the City's Sewer System Management Plan
(SSMP).
Following Council authorization, staff met with Kimley-Horn representatives to negotiate
and refine the firm's proposal. The following items were agreed upon:
Timeline: Kimley-Horn initially proposed to complete all work related to the
SSMP (SWRCB general waste discharge reporting requirements, recommended
capital improvement list, system capacity monitoring, and create geographic
information system (GIS) shape files) prior to the statewide August 2, 2009
deadline. Due to time constraints, staff and contractor have agreed to complete
work in separate phases. The first phase will include the preparation of all
requirements related to SWRCB Order No. 2006-0003 (i.e. a clear definition of
County and City sewer responsibilities, sewer overflow reporting process, and
structure for managing sewer system) 'prior to the statewide August 2, 2009
deadline. The second phase will include additional analysis, monitoring work,
APPROVED FOR C" COUNCIL AGENDA:
City Council Meeting
May 12, 2009
Page 2 of 2
and capital improvement recommendations. This portion will be completed by
the end of 2009.
Scope of Services and Cost: Kimley-Horn's initial proposal consisted of
significant review of the LosAngeles County Department of Public Works (DPW)
sewer plans and operations. Staff has obtained the DPW's SSMP and has
agreed to assist with the compilation of DPW sewer files, sewer maintenance
information, and other related documents: Kimley-Horn has also agreed to
reduce its fee for SSMP development services to a not-to-exceed cost of
$160,000.
These changes have been included in the attached agreement
FINANCIAL REVIEW
Funding for the project in the amount of $175,000 (Community Development
Commission - $125,000, Gas Tax -$50,000) has been approved and appropriated in
the Fiscal Year 2008-09 Capital Improvement Budget.
ENVIROMENTAL REVIEW
This Project does not require environmental review.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Prepared by:
Lucien LeBlanc, P.E.
City Engineer
Submitted b
L
Chris Marcarello
Deputy Director of Public Works
Attachments
(I) Draft. Agreement for Development of Sewer System Management Plan
(2) Scope of Services
(3) City Council February 10, 2009 Agenda Report and Minutes
(4) City Council November 18, 2009 Agenda Report and Minutes
(5) State Water Resources Control Board's (SWRCB) Order No. 2006-0003-DWO
Minutes of the
REGULAR CITY COUNCIL MEETING
May 12, 2009
The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m.
in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
FLAG SALUTE: Council Member Low
INVOCATION: Council Member Ly
PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council
and Council Member Ly.
OFFICIALS PRESENT: Interim City Manager SteWart',Il
Manager Saeki, Assistant City Manager Hawkesworth, E
Parks and Recreation Montgomery-Scott, Economic Deg
Public Works Officer Marcarello, and City;Clerk Molleda.
1. PRESENTATIONS
A.
No one was prese
to the appropriate
Member Low,
City: Attorney Montes; Assistant City
r.of Finance Brisco, Director of
ent Administrator Ramirez, Deputy
Clark asked staff to please mail them
Control Presentation - Robert Bruesch
Mr: Bruesch - thanked Council for letting%him serve on the San Gabriel Valley Mosquito & Vector
Control bob d again. In addition; he clarified a few misconceptions the public might have about the
bee population, i
6. MATTERS FROWMAYOR & CITY COUNCIL
A. Funding the IRS Penalties of the Rosemead Youth Association
Council Member Anmenta made a request at the City Council meeting on April 28,
2009, for staff to bring back an agenda item regarding the contribution of funds
from the City to pay off the Internal Revenue Service penalties assessed to the
Rosemead Youth Association (RYA). Staff contacted the RYA Treasurer, Desiree
Tuyia, and found that the RYA currently owes $9,890.43 in penalties for not filing
the necessary annual financial data on time with the IRS for the years of 2004,
2005, and 2007.
Rosemead City Council Mce(ing
Minuler o/May 12, 2009
Page 1 of 18
Recommendation: That the City Council provide direction regarding the
contribution of funds to the Rosemead Youth Association.
Juan Nunez - asked why the RYA was behind on their takes and asked who was keeping their
books.
Mayor Clark stated it was her understanding it was the previous (RYA) administration.
Desiree Tuyia - RYA treasurer explained that the previous board had not filed the league's 2004
and 2005 taxes and had stolen money from the league. Furthermore, the reason why the 2007
taxes were not file was because an extension was not file with the IRS;`the-IRS took money from
the league for penalties for unfiled taxes for 2004 and 2005 and the money owed now also
included penalties for 2007. <11 Mr. Nunez asked again who takes care of the books and added tat he did'not want the RYA or
anyone else coming to the city to ask for a bale out. He fFrought that the previous members should
be held accountable for not paying those taxes._
Ms. Tuyia responded that she was not sure of what kind ofdegal,issues the previous board would
have to go through but stated that since 2007 the league hascieaned their books and has been
making $500 payments a month to the IRS;°,~~
Mayor Pro Tem Taylor stated that on the report .it showed'a paymentlof $500 and another of $650
'
but it did not say those PaYments were monthlY~':
Ms. Tuyia responded that'she believed the $650 was an initial payment and the $500 was a
monthly payment and-all .\three year,s had been combined to one monthly payment.
Mayor Pro Tem;Taylor stated`he:thought Cohn- l would have to do something about this situation
because this vias'draining-all asselithey RYA might have. Mr. Taylor reiterated that the previous
board members were riegligent and were.no longer on the board. He asked Ms. Tuyia if she was
aware that the previous city atiorney had promised to help the RYA last year as a pro bono
obligation and'had promised to.solve the issue,
Ms. Tuyia responded;she was,not and she had only become part of the board in April of this year.
Mayor Pro Tem Taylor stated he understood that Ms. Tuyia would not be aware of that information
given she was new to the board; however, he would like to find out if the previous city attorney had
try to help the league. Mr. Taylor also clarified that the city has no control over the internal
business of the RYA and the league is not an organization of the city.
Mayor Clark asked if the previous city attorney made any attempts to contact the RYA (pro bono)
or made any pleadings to the IRS for them. Mrs. Clark also stated that she is aware of situations
when people or organizations make pleads for forgiveness to the IRS and their penalties are
dissolved.
Rosemead City Council Meeting
Mimues of May 12, 2009
Page 2 of 18
President of RYA responded that the associations had sent many letters to the IRS to the point that
they asked them to stop sending letters. He explained that the reason why the 2007 taxes were
not filed was because the IRS had taken the money from their account and the league at that point
no longer had money to pay their accountant, by the time they were able to collect funds to file their
2007 taxes the IRS had added another $3,200 of penalty fees. He also clarified that the league
does not pay any actual tax if they file their taxes on time and that the fees being charged to the
league were all penalties because that had not,been done by the previous board.
Mayor Pro Tem Taylor asked if the league had any correspondence from the previous city attorney.
President of RYA responded that this was also his first year serving asfiresident of the league.
Juan Nunez - asked if the city gets any information on how the.p-rograin is running and forward
that information to Council. He asked if there was a way to havvelthe Director.of Parks and
Recreation matter the funds. \16 1\ \
Mayor Pro Tern Taylor responded that it was up
and not the Parks and Recreations' director.
Council Member Ly asked how much
Assistant City Manager Hawkesworth sh
total of $30,000; one given on May 2007
has given in
IItto monitor where the
donations to the RYA.
two
Council Member Ly
going on.
on
spent
$15,000 each for a
when these problems were
RYA President responded that'now they-have a new board and their existing secretary is the only
one who also.senied on the previous board.:.
Council'MemberArmerita.asked if anyone,from the last board still active in anyway with the RYA.
y/
RYA President [esoonded no: *1
Mayor Clark made :a suggestion that if this item was approved the RYA hire an accountant to make
sure their books were.imorder.
Council Member Ly asked if what was approved and given to the RYA in 2007 and 2008 If that was
used for their taxes.
Mayor Pro Tern Taylor stated no and it was for the benefit of the organization not the taxes.
Dolores - asked if there was any correspondence from Mr. Garcia to any of the previous board
members.
Rosemead City Council Meeting
Minutes q May 12. 2009
Pagc 3 gr18
Mayor Clark asked staff if this item was approved if the check could go directly to the IRS to pay for
the penalties. ,
Interim City Manager Stewart clarified that the fees that were owed to the IRS for only for penalties.
Mayor Pro Tem Taylor stated he was a bit confused because if this was a non-profit organization
they did not pay taxes and the penalties were strictly because they had not fled on time. Mr.
Taylor stated he was in favor of helping the organization but was not clear on what the actual
amount owed was to the IRS and needed clarification on what the tax was for.
Interim City Attorney offered a couple options, one to continue the item and`have staff bring it back
with more information with responses to the City Council's questions orif Council wanted to
expedite the matter; they can approve a not to exceed amount and delegate to the City Manager to
determine what the best way is to pay those penalties. \C
Mayor Pro Tern Taylor he was in favor of the first option!
Council Member Steven Ly made a motion,'seconded by Mayor:Pro Tern Taylor, to direct
staff to work with RYA's board and their accountant to.figure out where they are with their
tax situation and have staff report back.to Council on tt.next meeting. Vote resulted in:
X'" \
Yes: Armenta, Clark, Low, Ly; Taylor r°
No: None ~ l
Abstain: None\ f/
2. PUBLIC COMMENT FROM THE AUDIENCE
Pat Trujillo ;asked Co\ cil'how to jetthea affic on' his street down to regular residential traffic.
Stated that:during ttie,week around 2,p.m. the AT&T trucks start driving by and are very noisy, the
streets•are getting really torn,up, there are.pot holes, and there is an accident there every 90 days.
Suggested'thaat maybe postin`1be putgp-for trucks or speed bumps.
Juan Nunez =.asked if the city Had cancel the procedure of assessing a fee for having to send out
the Sheriff to a home)if they were having a party and playing loud music. He added that on May
2nd there were lots of,parties.on Del Mar and he had to call the Sheriffs department five times.
Phyllis Tury - asked for an update on the Cal Poultry business.
Mayor Pro Tem Taylor stated that there was a closed session item scheduled for later on tonight
and other than that there was no other new information available.
Rosemead City Council Meeting
Minutes of May 12, 2009
Page 4 of 18
3. PUBLIC HEARING
A. . Public Hearing on the Fiscal Year 2009.10 Annual Action Plan
A public hearing is being held tonight and approval of the City's Annual Action
Plan for the period of July 1, 2009 - June 30, 2010. An Annual Action Plan is
required by the U.S. Department of Housing and Urban Development (HUD) in
order for the City to receive federal funds under the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. The
Annual Action Plan includes the proposed activities, resources and expenditures
for the CDBG and HOME programs. /,'2,
A list of staff-endorsed projects has been developed'based on the funding
requests and ongoing CDBG and HOME funded activities. These
recommendations are consistent with the Housing and community development
priorities that the City has set and followed in the past. In addition; all the
proposed projects meet the CDBGzarid•HOME eligibility requirements
Recommendation: That the City Council:\// G
1. Conduct a public' h ring and take public testimony on the Annual Action
Plan covering the period of:July 1, 2009 `June:30, 2010;
2. Apprrooye the CDBG and HOME furiding`ecommendations, authorize the
submiftkof the City's FY 2009-10 Annual Action Plan to the U.S.
Aepartment'of Housing and Urban Department;
3. Autliorize,fh'e-interim City Manager to execute all appropriate and
necessary documents tc receive funding and implement approved use;
4. Award the following pubic services agencies with CDBG funds and
authorize the`jnterim City Manager to execute service agreements:
i
Family Counseling Services - $40,000
Morrison Health Care (Senior Nutrition Provider) - $76,808
People for People - $27,600
• Rosemead School District - $11,698
• Rosemead High School - $13,650
• The Southern California Housing Rights Center - $25,000
Award $27,560 (50/6) of HOME funds to the Rio Hondo Community
Development Commission to defray certain cost for the operation as the
City's Community Housing Development Organization (CHDO) and
authorized the Interim City Manager to execute Operating Expense
Agreement.
Rosemead Ciry Council Mceting
Minuses of May 12. 2009
Pagc 5 of 18
Economic Development Administrator Michelle Ramirez reviewed the staff report.
Council Member Low asked if the city had some sort of.plan to address certain potential
impediments, such as, disability discrimination and health and complaints from Asian community.
Mrs. Ramirez explained that as part of the five year plan, the consultants are required to do an
analysis on what the potential impediments could be; however they were not saying these were
actual impediments. If such possible impediments arise then there are two Housing Rights
seminars a year, one for the tenants and one for the owners, to inform them of the Housing Rights
Law. Also there is a Housing Rights 24 hour hotline of which the city receives monthly reports.
Council Member Armenta stated she had attended one of the
informative. ,
The Mayor opened the Public Hearing at 7:55 p.m.;
Public Hearing was closed at 7:55 p.m.
Council Member Polly Low made a motion, second(
approve staff's recommendations. Vote resulted in:
Yes: Annenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
4. CONSENT CALENt
e- - .R
B. Resolut
Recoinn
/ expendit
and 6591
ims
rar§and she found it very
public comment requests the
cil Member Steven Ly, to
solution No. 2009-22, for payment of City
$.1,227,983.54 numbered 100290 through 100327
of Borid - Tract Map 61005 (3313 Del Mar Avenue)
A Faithful .Performance Bond and a Labor and Material Bond were required to
guarantee construction of new curb and gutter, sidewalk, driveways, parkway
drains", sewer line, water line, and survey monuments for Tract Map 61005. A
Bond was issued to the City iri the amount of $64,800
Recommendation: That the City Council accept the public improvements and
release the Bond.
Rosemead Cirv Council Meeting
MinutcsafMay 12, 2009
Page 6 of 18
D.
E.
Release of Bond - Parcel Map 62444 (3843 Delta Avenue)
A Faithful Performance Bond and a Labor and Material Bond were required to
guarantee construction of sewer laterals and installation of survey monuments for
Parcel Map 62444. In lieu of bonds, a Cash Deposit was issued to the City in the
amount of $12,600.
Recommendation: That the City Council accept the public improvements and
survey monuments and refund the Cash Deposit including interest.
Release of Certificate of Deposit - Parcel Map
Avenue)
Barlett
A Faithful Performance Bond and a Labor and•Material Bond were required to
guarantee construction of sewer laterals jriveweys, sidewall~a,parkway drain,
and a parkway tree for Parcel Map 6200.18. In lieu of bonds, a`Certificate of
Deposit was issued to the City in the amount of $14,550.
Recommendation: That the City Council accept the public improvements and
survey monuments and authorize the release,of the Certificate of Deposit including
interest. \ \
F. Release of Certificate of DOE
Avenue)
A Faithful'Performarice Bond
guarantee construction of new
drains,
i-Parcel.
in the s
Recon
\survey
interes
H. Sewer.
PaiceLMap 65.274 (8958 Whitmore
.abor and Material Bond were required to
ind=gutter, sidewalk, driveways, parkway
y 'tree, and install survey monuments for
a Certificate of Deposit was issued to the City
That'the City Council accept the public improvements and
aritl authorize the release of the Certificate of Deposit including
Management Plan (SSMP) - Contract Award
In accordance with the State Water Resources Control Board's (SWRCB) Order
No. 2006-0003-DWO, public agencies are required to develop and implement a
Sewer System Management Plan (SSMP). The mandate includes the requirement
to properly manage, operate and maintain all parts of the City's local sanitary
sewer system, including the mitigation of any potential sewer overflows.
Recommendation: That the City Council approve an agreement with Kimley-Hom
& Associates, Inc. to develop the City's Sewer System Management Plan (SSMP)
and authorize the City Manager to execute the contract.
Rosemead City Council Meeting
Minutes of May 12, 2009
Page 7 gl'18
Annual 2008-09 Slurry Seal Project - Contract Award
As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City
Council approved a program entitled, "Targeted Public Works Projects", which
consists of public improvements to the City's local streets and public right-of-way
areas. This project will help extend the life of local streets and improve community
aesthetics. This project is funded through the Community Development Block
Grant (CDBG) program, which requires that funds be spent on specific project
types and in specific target areas. This proposed project meets CDBG
requirements. n
Recommendation: That the City Council:
Authorize the City Manager to
South, Inc. for the Annual 200
$140,063.50.
Council Member Steven Ly made a i
approve staff the Consent Calendar
A.
2. Establish an amount of 1!
contingency, to cover.the
American Asphalt
t the amount of
ei,upuul, as a
site conditions.
by Council Member Polly Low, to
t of RemsP and J. Vote resulted in:
Yes: Arrnenta, Clark, Low,
No: None;
Abstain:'None
Absent:.None 1.
-Minutes ^
Meeting
Council Memb
hear the name
Mr. Flournoy's
Polly Low stated that she had listened to the tapes of that meeting and did not
mentioned as~stated on page 3 and asked that the two paragraphs that included
to be moved further down on that page.
Council Member Polly Low made a motion, seconded by Council Member Sandra Armenta,
to approve Minutes of February 10, 2009. Vote resulted in:
Yes: Armenta, Clark, Low, LY
No: None
Abstain: Taylor
Absent: None
Mayor Pro Tem GaryTaylor stated he had abstained from voting on the Minutes because he had
not attended this meeting.
Rosemead City Council Meeting
Minutes of May 12. 2009
Page 8 of 18
A. Minutes
March 10, 2009 - Regular Meeting
Mayor Pro Tem Taylor referred to page 3 of those minutes where Mr. Jarred Lewin made a
comment regarding a letter sent by Mr. Taylor in which he spoke of Mr. Henry Lo's association with
the Gay and Lesbian Association. Mr. Taylor gave a copy of the webpage blog to Brian Lewin
since his father had not since attended another Council meeting. Mr. Taylor wanted the record to
show that he had provided clarification and a copy of the document referred on page 3 of the
March 10, 2009 regular meeting. ~l
Mayor Pro Tern Gary Taylor made a motion, seconded by Couricili.Me ber Sandra Armenta,
to approve Minutes of February 10, 2009. Vote resulted in: ( 4 .
11. A
Yes: Armenta, Clark, Low, Ly,
No: None
Abstain: None
Absent: None
G. School Resource
The City currently contracts with tl % a Special Assignment Deputy.thal
School Resoufce Officer (SRO):;'
currently'shares half the cost of th
musfbe.renewed by both the City
the
m Funding
os Angeles County Sheriffs Department for
ssigned to Rosemead High School as a
El Monte-Union High School District
R0 with the City, however, the agreement
_the School District. City staff will include
Budget to cover the City's portion of the
,agreement.
/ Recommendati n:.Thal the City Council approve the agreement with the El
Monte Union High School District for assistance in funding the SRO program.
Mayor Pro Tem.Taylor asked ,that this item be removed and asked for clarification.
Assistant City Manager HavAcesworth stated that under this agreement the District would pay the
city $85,504.65.
Mayor Pro Tem Taylor asked if that was the full cost or if the city was participating in that cost.
Mr. Hawkesworth stated no; he district was paying 50% of 1815 hours.
Mayor Pro Tem Taylor asked who was paying the other $85,000.
Mr. Hawkesworth responded that the city was paying it as part of the current sheriff department's
contract..
Rosemead Ciro Council Meeting
Minwes of Mqv 12. 2009
Page 9 of 18
Mayor Pro Tern Taylor stated that he thought ttie city had a deputy who helped out with all the
schools.
Director of Public Safety Don Anderson responded that this position was solely for Rosemead High
School and that there was another position that helped with all the other schools.
Council Member Steven Ly made a motion, seconded by Mayor Margaret Clark, to approve
the agreement with the El Monte Union High School District for assistance in funding the
SRO program. Vote resulted in:
Yes: Armenta, Clark, Low, Ly
No: None
Abstain: Taylor
Absent: None
Mayor Pro Tem Gary Taylor stated he would like to receive a report back from theschool district on
the number of deputies they have for each school and how their cost is split.
Gary Metz - asked if the school had secondary security besid6s`the deputy they have in campus;
he stated he had seen 3 to 4 guys walking around the schools:
J. DelMarAvenue Resurfacinq,P.roiect-Contract\Award
As part of the City's Fiscal Ye6`,2008=09'Capit6l Improvement Program, the City
Council app66d-a\program entitled, "Del MarAvenue Resurfacing", which
consists of asphalt concrete overlay, sidewalk repairs, traffic striping, signage
installation; curb ramps construction traffic signal upgrades and appurtenances.
The limit's-of'this project-are from Garvey Avenue to Highcliff Street. Proposition C
City Council:
~,\1. Authorize the"City Manager to enter into a contract with Silvia
Constriction, Inc., for the Del Mar Resurfacing Project for the base bid
amount of $254,563.40.
2. ,,,Establish an amount of 15% of the contract amount ($38,200),,as a
contingency, to cover the potential cost of unforeseen site conditions.
Juan Nunez - stated he had spoken on this item before and he had obtained 15 signatures from
his neighbors stating they did not want trees.
Council Member Polly Low made a motion, seconded by Council Member Sandra Armenta,
to approve staff's recommendations. Vote resulted in:
Rosemead City Council Meeting
Minces gfMay 12, 2009
Page 10 18
A
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
5. MATTERS FROM CITY MANAGER & STAFF
A. Quarterly Interim Financial Update forthe Quarter Ended March 31, 2009
The City of Rosemead Quarterly Financial Update for the.Quarter Ended March
31, 2009 has been included for City Council review. Also; the Quarterly Financial
Update is the treasurer's report of cash balances for tfie Quarter ended March 31,
2009. The treasurer's report of cash and investment balances is being presented
to City Council for the first time. NX
Recommendation: That the City
the Treasurer's Report.
and file the
report and
Interim City Manager Jeff Stewart reviewed the staff
and filed. s`
The update report and Treasurer's Reports
B. Del Mar Avenue Tree
As oartof the Citv's'Fiscal Year
the project:ate.frorn Garvey
---areas,on DehMar'was inclu
and urban.forestation in the
the
and
be received
Capital Improvement Program, the City
Mar Avenue Resurfacing°. The limits of
ighcliff Street. Tree planting in parkway
ute to the overall efforts of beautification
In an eff too attract the .most economical bid for the tree planting portion of the
'.1.project, which require's a different contractual trade than the regular resurfacing
work, the project was split into two contracts: One for the tree planting work and
the second forth the
resurfacing-related work.
Subsequent to-an informal competitive bid, a contract with CLS Landscape was
approved by the City Manager in the amount of $21,274.55. Excavation of tree
well locations including concrete cutting and concrete removal began on April 22,
2009. All cutout locations have since been backfilled with dirt to minimize potential
safety concerns. Since then, work has stopped pending further direction from the
City Council.
Rosemead Ciry Council Meeting
Minutes q/May 12, 2009
Page 11 of 18
Recommendation: That the City Council direct staff to:
Meet with residents along Del Mar Avenue to discuss the tree planting
project and the 3 tree species recommended for planting;
Survey Del Mar Avenue residents and determine if there is a desire to
move forward with tree planting;
Present the results of the neighborhood surveys to the City Council at its
next meeting, and make a final staff recommendation.
Juan Nunez - stated he spoken against those trees before and stated he-had obtained 15
signatures of neighbors that were also against the project. Asked if there would be more meetings
regarding this project.
Council Member Low asked City Manager Stewart if the city usually obtained.surveys from the
neighborhoods prior to planting trees. % V >y
Mr. Stewart responded that there are three approved species of trees that are in the current policy
and usually the residents are asked what three they prefe'r.\,Staff,is`-recommending that the same
policy be followed. ~N
Mayor Clark clarified that this was not pu
previous city manager without council's
city needed to reach out to the residents
~o'be6ause it was approved by the
that this was a good project but the
Council Member Polly LoWmade.a motion, s4
approve staff's recommendattons~vote resul
Yes: Armenta, Clark; Low,Ly,
6. MATTER_S•FROM MAYOR & CITY COUNCIL-
A. Interim City,F,inancial Summary
by Council Member Steven Ly, to
Council Member Ly has requested a brief overview of the City's finances. This
staff report focuses on fund balances and its relation to cash and investments of
the General Fund. A Comprehensive Annual Financial Report (CAFR) for the
fiscal year ended June 30, 2008 is available upon request and provides a much
more detailed presentation than this report; it also includes the independent
auditor's opinion. For fiscal year 2007-2008 the City received an unqualified
opinion from its independent auditor, Mayer Hoffman McCann P.C.
Rosemead City Council Meeling
Minutes of May 12. 2009
Page 12 q/ 18
As stated previously, this report will concentrate on the General Fund, the City's
principal operating fund. The City also has 13 special revenue funds, including an
equipment replacement fund and a technology replacement fund. Special revenue
funds are legally restricted asJo their use. Except for approving specific qualified
uses of special revenue funds; City Council has fairly limited discretion as to how
these funds can be used and will not be discussed in this report. There is also one
capital projects fund which is used to account for capital improvements projects
which are approved by the City Council on a project by project basis, they will also
be exempted from discussion in this report.
As of March 31, 2009 all City funds have total cash and,investments of $223
million. Out of the $22.3 million the General Fund's portion is $15.2 million.
Recommendation: That the City Council receive and file this report.
Council Member Steven Ly stated the information provided to Council was sufficient and no
additional information was needed at this time. j
C. Request for the City to Participate in the American Cancer Society's Relay
for Life Event
A committee consisting of Rosemead.community members, in partnership with the
American Cancer Society, is coordinating Relayyfor Life at Rosemead High
School. The event is scheduled for,•Saturday; June 20 through Sunday, June 21
from 9 a.m.tto.9 aim. (24 hours);
Council,Nember Armenta has requested that the City of Rosemead participate in
this year's event.Based.on input arid'requests from members of the Relay for Life
,,-Committee, staff has'looked into.the costs associated with providing the Relay for
Life event,with equipment such as the use of the City's large stage, canopies, and
booths'\The cost,for providing the equipment is approximately $720, and is a
result of staff overtime`that is necessary so that Public Services Department team
~N~members cen deliver set-up, tear-down, and retrieve the equipment.
i. t
I,
Recommendation: That the City Council authorize the donation of up to $1,000 in
staff•timetservice to assist with the Relay for Life.
Council Member Armeta asked if staff knew how many people had signed up to be in the City's
team and would be participating in this event.
Public Affairs Manager Flores stated it was 7 people that had signed up and also reviewed the staff
report and offered more information on the event.
Council Member Ly stated that having a father who passed away from Cancer, he was very much
in favor of the participation of the city in the American Cancer Society's Relay for Life event.
Rosemead City Council Meeting
Minutes nfMay 12. 2009
Page 13 of 18
Council Member Armenta stated it that it was appropriate to have a team to participate in this event
since it would be held at Rosemead High School and also encourage the public to signed up and
help raise funds for the event.
Mayor Margaret Clark made a motion, seconded by Council Member Steven Ly, to authorize
the donation of up to $1,000 in staff time/service to assist with the Relay for Life. Vote
resulted in:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
D. Request Regarding Cinco de Mayo and Lunar New
At the City Council Meeting of April 26~Council Member Polly'Low requested that
staff research the possibility of developing special events in celebr'ation;of Cinco
de Mayo and the Lunar (Chinese) New..Year.
For many years, the City.-celebrated Cinco de Mayo at Garvey Park. The full-day
.
festival featured activifiesfio?all.ages including music, dancing, and a variety of
other live entertainment, games, attractions, and foodjlie event was eventually
discontinued due to steadily declining;attendance. The event cost approximately
$7,500 (for entertainment, equipmenif! nd supplies) in addition to staff. It was last
held in 2005: V V
Seniors.iri'Rosemead, however, still`celebrate Cinco de Mayo. Approximately 300
seniors attended thisyear''s event of the Rosemead Community Recreation Center
=on Tuesday; May;5 lffeatured`l ve music, dancing, and refreshments.
lam,'.
Further, Radio stati\Que;Buena (FM 105.5) continues to host an annual event at
Whittier Narrows Regional Park which features a full-scale carnival, popular
,bands, dancing; and community organizations. According to the San Gabriel
Valley Tribune, approximately 100,000 people attended this year's festival the
weekend of May 3. This and similar fetes may have contributed to the waning
interest imRosemead's event.
In 2006, the Cinco de Mayo commemoration was replaced by an International Fair
at Rosemead Park. It featured multi-cultural entertainment, food, and game
booths, and was held in October. It,was not well attended, and was replaced by
Rosemead's first-ever Oktoberfest in 2007.Oktoberfest features adult and youth
stage entertainment, children's carnival, and 100 community and business booths
selling food, crafts, and miscellany. Thousands attend the event, which
significantly increased attendance at our annual Haunted House at Rosemead
Pool as well. Oktoberfest has also served as a vehicle for fundraising in support of
historic Savannah Cemetery.
Rosemead City Council Meeting
Minutes q/ May 12, 2009
Page 14 of 18
Rosemead seniors have celebrated Chinese New Year at Garvey Center for a
number of years. The dinner, dancing, entertainment, and raffles draw 250 seniors
to the annual event. As with most of our senior celebrations, the event quickly sells
out. There have been no othef City-sponsored efforts to celebrate the Lunar New
Year.
Locally, the City of Monterey Park's Business Improvement District Advisory
Committee hosts a 2-day Chinese/Lunar New Year celebration. The event, in its
eleventh year, is free to the public. It is located on Garvey Avenue-less than 1
mile from Rosemead's western border at Garvey and New. The 2009 festival
featured a "Kids Zone," carnival rides, "Cultural Zone dumpling cook-off,
talent/Karaoke contest, live entertainment featuringjt aditional performances, and
120 community organization, vendor, and business booths. The event is supported
by more than 100 sponsors, and was attended•bry approxirnately 70,000 regional
residents. It is coordinated with the assistance of'a specialized-professional event
producer and costs in excess of $100,000 (including $20,000 in BIDAC funding,
sponsorships, and booth sales and!other event ievenues). The event:is;financially
self-sustaining. Similar festivals are also held in/Alhambra, Los Angeles, and
Rowland Heights. Given the brief window for such celebrations, these could limit
Rosemead's access to vendors, entertainment and participants.
While we have yet to host a.city.wide.L` ar New Year celebration, the Parks and
Recreation Department can develop a smaller scale,tevent that is distinctly
Rosemead. It would include tra\ditional'eritettai`nment, games, attractions, and food
and Rosemead'Park would serve as the venue''
Rec mmendatiori: That the City Council vote against the development of a Cinco
de Mayo event:due to demonstrated,community disinterest, but vote for the
creation of a'special event i cni elebfation of the Lunar New Year as one has never
/ been.hosted in Rosemead]
Wendv Chanp - stated it that she was~,yery happy to see that council would be sponsoring these
events. Explained that this woul'id be a'good activity to help other people understand other people's
culture. She thought that the city might not have to:incur large expenses if they rented booths
during these events: Also, stated it that these events would increase business in the city.
r
Charlene Lung - statead slie was also in favor of this item.
Council Member Low asked that the Cinco de Mayo event and the Lunar New Year event be
discussed separately.
Mayor Clark agreed to discuss the two events separately.
Council Member Low stated the city had a large population of the Asian community and she
thought bringing the Lunar New Year event to the city would help awareness and help the local
businesses in the city.
Rosemead City Council Meeting
Minutes of May 12, 2009
Pagc 15 of 18
Council Member Polly Low made a motion, seconded by Council Member Steven Ly, to
move forward with the Lunar New Year event. Vote resulted in:
Yes: Armenta, Clark, Low, Ly
No: None
Abstain: Taylor
Absent: None
Mayor Pro Tem Taylor stated he had abstained because he wasn't sure what staff was going to
provide when this event was planned.
Interim City Manager Stewart explained th in ; \
at the city. would create,the event at a much less scale
and have it at Rosemead park; furthermore, staff would put a report together-for Council and bring
it back for further Council action. r N-\
Council Member Low stated she would now like to d.
the city also had a large population of a Hispanic cor
out and participate in this event; however, she noted
the past has not been very well attended:,, .
Mayor Pro Tem Taylor stated he wanted more
before and the public did not participate then~i
Parks and Recreation Director Montgomery-Si
event was held in 2005.n" in 2006 this event
was Oktoberfest.
i\
the Cinco de Mayo event. Added that
ty andewould like to have residents come
n staff recommendation, this event in
c
on this because if the city had this event
favor of it?✓
that his understanding was that the last
to the International Festival and in 2007 it
Mr. Stewart suggested that if'Council wanted rii&6 information on this item it could also be
included wheni the staff report for,the•Lunar NeWYear was brought back to Council.
CouncilMember Armenia stated that ih- the end of the 90's the city hosted this event and it was
successful~Asked that she would like to know when and why the transition happened.
Council Member Polly Low,made a motion, seconded by Council Member Sandra Armenta,
to direct staff to Ming back"information on the Lunar New Year and also including
information on the Cinco de Mayo event with the potential of bringing it back in 90 days.
Vote resulted in:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
Ros(wnead City Council Meeting
Minutes q/May 11, 2009
Page 16 q/ 18
I
E. Consideration of Contract for City Manager/Interim City Manager Services
The City Council is scheduled to conduct interviews in closed session with
candidates for the position of Interim City Manager on May 9, 2009. The identity
of the person selected to serve as Interim City Manager or City Manager, if any,
will not be known until after the completion of the interview process. If the City
Council selects a candidate, and if the Council is able to agree to terms on an
interim employment agreement with a candidate (other than compensation, which
must be discussed in open session), the item will be considered formally by the
City Council on May 12, 2009. If an Interim City Manager Services Agreement is
prepared for consideration on the May 12, 2009 City Council agenda, a copy will
be made available to the public at the same time it is available to the City Council.
Interim City Attorney stated that on Saturday the City Co
position of City Manager and had at the direction of the C
mutual acceptable city manger contract for Mr. Jeffry AN
the City Clerk's office for anyone who would like to r6iie
be June 15, 2009, the starting compensation will be $17t
received by other executive management team, and in tf
cause the severance will be 6 months with an escalating
months. ~
icil had conducted interviews for the
tuncilie believed he had negotiated a
d. A copy of the contract-is available in
it. Therelevant terms are: `start'date will
000, the benefits will be the same as
event of the city's termination for no
ne month per year, not to exceed 9
Council Member Ly asked for clarification fo(th(
city manager earned. ~Y
Mr, Monies responded-$ 178,000'and,had some
additional 10%.
how much the previous
in lieu of benefits that included an
Council MemberLy reiterated the'ferms ofsevefan'ce pay for Mr. Allred and asked the city attorney
to state how many months of severance the previous city manager had under his contract.
Mr. Montes replied that it had started at 6 -to 8 months but with time had escalated to 18 months of
Council Member Steven Ly.made a motion, seconded by Council Member Sandra Armenta,
to approve the CitO anadeir's contract for Mr. Jeffry Allred. Vote resulted in:
Y
Yes: Armenta, Clark, Low, Ly
No: Taylor
Abstain: None
Absent: None
Mayor Clark introduced Mr. Allred to the audience and stated Council was very pleased to have
him in the City.
Rosemead City Council Meeting
Minutes of May 12. 2009
Page 17 of 18
Mayor Clark announced that council would now be recessing to closed session at 8:42 p.m.
Council Member Armenta stated she would only be attending the closed session on Item 1 but
would recuse herself on item 2 of the closed session.
7. CLOSED SESSION
A. Conference with Legal Counsel --Existing Litigation
Government Code 54956.9 (a):
1) Randy Hato et. al v. City of Rosemead
2) Tran v. Armenta, Molleda, Logan (the
City of Rosemead
B. Conference with Legal Counse
. Initiation of litigation pursuant
Council reconvened from Closed Session at 9:47 p.m.
City Attorney Montes stated the only
the Haro v. Rosemead case from the
8. ADJOURNMENT
The meeting adjo
place on May 26,
ATTEST:
Gloria Molleda, City Clerk
Rosemead City Council Meeting
Minutes of May 12, 2009
Page 18 of l8
next
Litigation
of Voters) and the
was that Cduncil voted unanimously to transfer
,Burke, Williamstx Sorenson.
J
ar City Council meeting is scheduled to take
Margaret Clark
Mayor
RESOLUTION NO. 2009-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA
APPROVING THE SUPPLEMENTAL SANITARY SEWER MANAGEMENT PLAN (SSMP) AS
REQUIRED BY THE STATE WATER RESOURCES CONTROL ORDER NO. 2006.0003-
STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS (WDR) FOR SANITARY
SEWER SYSTEMS
WHEREAS, on May 02, 2006, the State of California Water Resources Control Board (SWRCB)
Order No. 2006-0003-Statewide General Waste Discharge Requirements for Sanitary Sewer
Systems was adopted and implemented; and
WHEREAS, the purpose of the WDR is to develop a regulatory mechanism to provide a consistent
statewide approach for reducing sanitary sewer overflows (SSO's); and
WHEREAS, the Statewide General Waste Discharge Requirements require preparation of a
Sanitary Sewer Management Plan (SSMP) with 11 separate elements; and
WHEREAS, the Supplemental SSMP must be approved by the City Council at a public meeting for
certification upon its completion; and
WHEREAS, the City of Rosemead now wishes to adopt a Supplemental Sanitary Sewer
Management Plan as completed by the Public Works Department.
WHEREAS, the City must communicate on a regular basis with the public regarding the
development, implementation and performance of the Supplemental SSMP; and
WHEREAS, the SSMP has requirements for mapping, maintenance of data, and making a copy of
the SSMP available to the public (City's public website); and
WHEREAS, the WDR requires the City Council to review the SSMP every five years, and be
certified by the City's authorized representative (City Engineer) upon completion; and
WHEREAS, the Los Angeles County Public Works Department (LACPW) and the City of
Rosemead shall be entering into a new memorandum of understanding (MOA) for new
requirements for scheduled TV viewing/ inspection of our sewer mains, line cleaning and
maintenance of the City's sewer lift station; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead hereby
approves the Sanitary Sewer Management Plan in compliance with the State Water Resources
Control Board Order 2006-0003 which sets forth the Statewide Water Discharge Requirements for
Sanitary Sewer Systems.
PASSED AND ADOPTED this 25th day of August, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaret Clark, Mayor
Gloria Molleda, City Clerk
STATE WATER RESOURCES CONTROL BOARD
ORDER NO. 2006-0003-DWQ
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.
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. I
State Water Resources Control Board Order No. 2006-0003-DWQ 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.
Both uniform SSO reporting and a centralized statewide electronic database are
heeded 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-DWQ, 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 withiri 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-DWQ 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-DINQ 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-DWQ 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
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.
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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 usernames 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.
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-DWQ 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
administrativerjudicial 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 stone drains into
State Water Resources Control Board Order No. 2006-0003-DWQ Page 8 of 20
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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.
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(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 anc
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.
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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-DWQ Page 11 of 20
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(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
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(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.
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(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-DWQ Page 14 of 20
Statewide General WDR For Wastewater Collection Agencies 512106
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-DWQ Page 15 of 20
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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-DWQ Page 16 of 20 .
Statewide General WDR For Wastewater Collection Agencies 5M06
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
9 months after
12 months after
15 months after
18 months after
Plan and Schedule
WDRs Adoption2
WDRs Adoption2
WDRs 2
WDRs 2
Nospecific Section
Adoption
Adoption
Goals and
Organization Structure
12 months after WDRs Adoption2
18 months after WDRs Adoption2
Section D 13 i & it
Overflow Emergency
Response Program
Section D 13 vi
Legal Authority
Section D 13 iii
24
th
ft
30
th
ft
36 months after
39 months after
Operation and
Maintenance Program
mon
s a
er
WDRs Adoption2
mon
s a
er
WDRs Adoption2
WDRs 2
Adoption
WDRs 2
Adoption
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 viii
WDRs Adoption
WDRs Adoption
WDRs Adoption
WDRs Adoption
Final SSMP,
incorporating all of the
SSMP requirements
Section D 13
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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;
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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
The Enrollee shall fumish 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-DWQ Page 19 of 20
Statewide General WDR For Wastewater Collection Agencies 5/2/06
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.
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:
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 species 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-DWQ 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-DWQ
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-DWQ,
"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-DWQ Page 2 of 5
Statewide General WDRs for Sanitary Sewer Systems 52/2006
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 1st).
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 "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 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-DWQ
Statewide General WDRs for Sanitary Sewer Systems
Page 3 of 5
5/2/2006
F. Estimated SSO volume in gallons;
G. SSO source (manhole, cleanout, etc.);
H. SSO cause (mainline blockage, roots, etc.);
1. 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;
0. 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-DWQ Page 4 of 5
Statewide General WDRS for Sanitary Sewer Systems 5/212006
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
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.
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-DWQ Page 5 of 5
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