CC - Item 4C - Sewer System Management PlanROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND m C�ITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER &L C
DATE: FEBRUARY 10, 2009
SUBJECT: AUTHORIZATION TO ENTER INTO NEGOTIATIONS WITH KIMLEY-
HORN AND ASSOCIATES TO DEVELOP A SEWER SYSTEM
MANAGEMENT PLAN
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 authorize staff to open negotiations with Kimley-
Horn & Associates, Inc. to develop a contract for the City's Sewer System Management
Plan (SSMP).
Background
Project Description /Scope of Services
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 main 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.
The City of Rosemead is entirely within the Consolidated Sewer Maintenance District
(CSMD) formerly known as County Sanitation District No. 15 that was formed in 1945.
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 2, 2006, the State Water Resources Control Board (SWRCB) adopted Order
No. 2006 - 0003 -DWA requiring all public agencies that own or operate a sanitary sewer
system comprised of more than one mile of sewer lines, which convey untreated
APPROVED FOR CITY COUNCIL AGENDA: O' IT N ° ®.,
City Council Meeting
February 10, 2009
Paae 2 of 4
wastewater to a public owned treatment facility in the State of California, to develop and
implement a Sewer System Management Plan (SSMP). The mandate further requires
public agencies to electronically report all sanitary sewer overflows to the State Board's
database. Noncompliance with the mandate could subject the City to penalties and
potential fines.
Since the City of Rosemead's sewer system falls within the Los Angeles County's
Consolidated Sewer Maintenance District (CSMD), the City is planning 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
second element is that which will be prepared to supplement the first element and to
complete the City obligation under the Order.
These regulations were born out of growing concern about the water quality impacts of
Sanitary Sewer Overflows (SSO), particularly those that cause beach closures or pose
serious health and safety or nuisance problems.
The SWRCB Order established a series of SSMP compliance milestones. The most
important ones are the following:
Task
Required
Completion Date
• Develop Overflow Emergency Response Program, May 2, 2009
Operation& Maintenance Program, and Fats, Oil and
Grease Control; Review Legal Authority
• Develop, Design and Performance Standards, and August 2, 2009
System Evaluation and Capacity Assurance Plan;
Submit Final SSMP
Request for Proposal Process
At its regularly scheduled Council meeting on November 18, 2.008, City Council
approved the scope of work for the development of the City's Sewer System
Management Plan (SSMP). In addition, the City Council authorized staff to solicit
proposals from the four (4) qualified on -call engineering consulting firms, currently on
contract with the City.
Staff prepared a request for proposal (Attachment 1) which was provided to all four (4)
consulting firms as directed by the City Council. Three (3) proposals were received prior
to the deadline Wednesday, December 17, 2008, with ECM group declining to submit a
proposal. Staff carefully evaluated the proposals to rank the three firms that submitted
proposals, using the criteria outlined below.
City Council Meeting
February 10, 2009
Pape 3 of 4
Evaluation Criteria
• Qualifications & experience
• Understanding of project scope & objectives
• Project team qualifications & experience
• References given for similar clients & projects
• Quality of proposals received
• Ability to complete work in a timely & efficient manner
Evaluations of proposals were based entirely on qualifications. Following the City
Council's consideration of this item, staff will enter into negotiations with one firm to
determine appropriate pricing for the work.
Recommendation
Based on the evaluation of bids using the criteria above, City staff has determined that
the most qualified firm to perform this work is Kimley -Horn and Associates (KH). KH
has prepared Sanitary Sewer Management Plans for several public agencies including
the City of Woodland, the City of Fresno, the City of Lincoln, and the City of Redding,
among others. During the RFP interview process, KH's project team demonstrated a
high level of project experience in sewer system master plans and sewer operations.
Upon approval by the City Council, staff will open negotiations with Kimley -Horn to
develop a contract scope of work, schedule, and fee budget. Barring any unforeseen
items, staff will present a final contract award recommendation to the City Council on
March 10, 2009.
FINANCIAL REVIEW
Funding for the project in the amount of $175,000 (Community Development
Commission - $125,000, Gas Tax - $50,00C) has been approved and appropriated in
the Fiscal Year 2000 -09 Capital Improvement Budget.
ENVIR ®MENTAL REV
This Project does riot require environmental review.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Prepared by: ��
V�
Lucien LeBlanc, P.E.
City Engineer
City Council Meeting
February 10, 2009
Page 4 of 4
Submitted by:
Brian Saeki
Assistant City Manager
J
Chris Marcarello
Deputy Director of Public Works
Attachments:
(1) Request For Proposal for the Development of Sewer System Management Plan
(2) November 18, 2008 City Council Agenda Report and Minutes
(3) Bid Proposals — AAE, Inc.; Kimely -Horn and Associates; Willdan
(4) Attachment A -- Consultant List
(5) Sample Consultant Agreement
(6) State Water Resources Control Board's (SWRCB) Order No. 2006- 0003 -DWO
ATTACHMENT 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
SEWER SYSTEM MANAGEMENT PLAN
November 18, 2008
- 1 -
Overview
The City of Rosemead is requesting proposals from qualified Civil Engineering
firms to develop the City of Rosemead Sewer System Management Plan (SSMP).
The Plan must comply with all of the elements required by the State Water
Resources Control Board (SWRCB) Order No. 2006 - 0003 -DWQ — Statewide
General Waste Discharge Requirements for Sanitary Sewer Systems.
The City of Rosemead wishes to adopt its required SSMP in two elements. The
first element has been developed by the Los Angeles County Department of
Public Works under its scope of sewer maintenance and repair operations
performed for the City of Rosemead, as member agency of the Consolidated
Sewer Maintenance District (CSMD). The second element will cover and address
the remaining mandates under the State Order.
In addition, the City of Rosemead wishes to update the City's 1984 Master Plan of
Sewers in order to develop a comprehensive planning guide for improving and
upgrading the City's Sewer System over the next ten (10) years. This planning
guide will be an essential component of the SSMP, and will enable the City to
meet State and Federal standards as well as provide dependable service to the
residents of the City of Rosemead.
The City of Rosemead requires three (3) copies of your proposal to be submitted
to the City Clerk's Office by 5:00 P.M. on Wednesday, December 17, 2008. As
part of the proposal, cost estimates should be submitted in a separate sealed
envelope. After the RFP is sent out to consultants, all communications from
consultants to City staff regarding the proposal, or requesting specific information
about the RFP, shall be shall be made in writing. Late proposals will not be
accepted. Please address proposals to:
Lucien J. LeBlanc, City Engineer, PE,
Public Works Business Unit
City of Rosemead
8838 East Valley Blvd.
Rosemead, CA 91770.
The proposal package needs to sealed and labeled as follows: Proposal For
Sewer System Management Plan - CONFIDENTIAL
-2-
Background
On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted a
Statewide General Waste Discharge Requirements and Monitoring and Reporting
Program (WDR) by issuing Order No. 2006 - 0003. The regulations contained in
the Order were born out of a growing concern about the water quality impacts of
Sanitary Sewer Overflows (SSO), particularly those that cause beach closures or
pose serious health and safety or nuisance problems.
There are two major components of the WDR: Requirements that those owners
and operators of publicly -owned collection sewer systems, which are one mile
long or greater, apply for coverage under the WDR and develop/ implement a
Sewer System Management Plan (SSMP).
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 main ranging in sizes from 6- inches to 12- inches 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. The City of Rosemead is entirely within the Consolidated Sewer
Maintenance District (CSMD) formerly known as County Sanitation District No.
15, which was formed in 1945. 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 Maintenance forces.
The last sanitary sewer report was prepared for the City by Willdan Engineering in
1984. It was subsequently updated by Willdan in 1988 as part of a broader
infrastructure management report. Copies of these reports are on file in the City's
Engineers office at City Hall.
Earlier this year, the City of Rosemead received the Sewer System Management
Plan (SSMP) for the Sewer Maintenance District of Los Angeles County, which
was adopted by the County of Los Angeles Board of Supervisors. The District's
SSMP is also currently available on the Department of Public Works website. The
District's SSMP may be utilized as a guide in developing the City of Rosemead's
specific SSMP.
-3-
SCOPE OF SERVICES
The services to be performed shall include, but not necessarily be limited to, the
following items that are required under the SWRCB Order No. 2006 - 0030 -DWQ,
summarized below:
1) Assist the City with establishing the Organizational Structure to implement
the City's SSMP
2) Assist the City with establishing the proper Legal Authority
3) Review the City's existing Operation and Maintenance Program and
update as necessary
4) Review the City's existing Design and Performance Provisions and update
as necessary
5) Review the City's existing Overflow Emergency Response Plan and update
as necessary
6) Review the City's existing Fats, Oils, and Grease (FOG) Control Program
7) Prepare the City's System Evaluation and Capacity Assurance Plan (City's
Sewer Master Plan)
8) Establish Monitoring, Measurement and Program Modifications as
appropriate to the City's SSMP
9) Assist the City in developing a Communication Program that allows public
input as the City's SSMP is developed
10)Prepare all submittals required by the WDR
The purpose of this project is to complete all components of the City's SSMP, as
required by the State Order, for submittal to the SWRCB prior to August 2, 2009.
The following completion dates are established by the WDR for populations
between 10,000 and 100,000. Please refer to the State Order and all related
material for all of the sections and components. It is expected that all elements
will be completed in a manner that will allow the City to submit them to the
SWRCB on time. The project schedule is critical to the success of the protect.
Following are some of the critical deadlines:
Mailing of RFP to Consultants November 19, 2008.
Receipt of Written Requests for Clarification (if Applicab le) December 1, 2008
Mailing Addendum Addressing Requests for Clarification December 9, 2008
Receipt of Consultant Proposals December 17, 2008
Award of Contract by City Council January 13, 2009
Legal Authority (Section D13 iii) May 2, 2009
Operations & Maintenance Program (Section D13 iv) May 2, 2009
Overflow Emergency Response Program (Section D13 vi) May 2, 2009
Grease Control Program (FOG) May 2, 2009
Design & Performance (Section D13v) August 2, 2009
System Evaluation & Capacity Assurance Plan (Section D13 viii)August 2, 2009
Final SSMP (All Required Elements Included) August 2, 2009
During the course of the project, it may be necessary to utilize prior City sewer
studies. The City's sewer plans, maps, or other information are available at City
Hall. The consultant shall make arrangements to come to City Hall whenever
such information is required and locate the needed materials, arrange for their
reproduction if necessary, and return the materials to the proper location from
which they were removed.
-5-
PROPOSAL REQUIREMENTS
All proposals must include the following information:
1. A description of the firm's qualifications
2. Biographical data for the key personnel to be assigned to the project
and their technical experience in the development of Sewer System
Management or Sewer Master Plans
3. A list of similar projects that the firm has completed within the last five
, years
4. Name and addresses of at least three references, which the City may
contact
5. A detailed fee estimate for each phase, broken down into tasks, should
be provided on a not -to- exceed basis for each item. As part of the
proposal, this cost estimate should be submitted in a sealed envelope
separate from proposal.
6. A schedule of man -hours and rates for the project
7. A Comprehensive schedule of phases with appropriate milestones;
allowing for City review time
The City does not recognize the US Postal Service, or any other organization, as
its agent for purposes of accepting proposals. All proposals received after the
deadline will be rejected and returned unopened. No extensions will be granted.
All proposals will become the property of the City and will be made available for
public inspection after an award is made or all.proposals are rejected.
Resection
All proposals will be reviewed to determine conformance with the RFP
requirements. Any proposal that the City deems incomplete, conditional, or non-
responsive the requirements of the RFP may be rejected. The City reserves the
right to reject any and all proposals as well.
mom
SELECTION PROCESS AND CONTRACTUAL DEVELOPMENT
The City's Project Selection Committee will review and evaluate all proposals
received. The Committee may select finalists for interviews or make a
determination based on the written proposals submitted alone.
Proposals will be evaluated based on the criteria listed below. The evaluation of
proposals received will consider the qualifications of the consultant and any sub -
consultant, the demonstrated experience of the Project Manager and Project
Team, the approach for completing the work and the financial implications. In
addition, proposals will be evaluated on the basis of, but not limited to:
1. Project Understanding — Firms' understanding of the project needs and
priorities and the City's expectations of the selected firm
2. Project Approach — Innovativeness shown on other projects and
creative approach to this project based on firm's understanding of the
City's needs
3. Recent Experience of Key Team Members — Firms key team members'
experience that parallels the City's needs
4. Organization — Functional and administrative interface between team
members and the City
5. Staff Logistics — Location and availability of staff to be responsive to the
City on a cost effective basis
6. Quality Assurance /Quality Control Procedures — Policy and procedures
implemented for appropriate reviews and demonstrated reliability
7. Financial Understanding — Understanding of relative manpower
demands for various project phases and tasks; reputation for meeting
project performance requirements on a cost effective and competitive
basis
City staff is available to provide information and materials to facilitate your
proposal. Please make your requests for information/ clarification in writing and
forwarded to Lucien J. LeBlanc, City Engineer. The City reserves the right to
reject any and all proposals should it choose to do so, and reserves the right to
withdraw this Request for Proposals at any time. All submitted proposals will
become the property of the City of Rosemead and will not be returned.
Negotiations may or may not be conducted with consultant; hence, the proposal
should include the consultant's most favorable terms and conditions since
selection may be made without discussion with any consultant. Additionally, the
City also makes no representations that any contract will be awarded to any
consultant responding to this RFP.
WE
Award of contract will be made only after a consultant is determined to be the
most qualified of the respondents, approved by the City Council at its scheduled
meeting on January 13, 2008 and after execution of the final version of the
Agreement.
Professional Services Agreement
No agreement shall be binding upon the City until a Professional Services
Agreement is completely executed by the Consultant, City Council, and approved
by the City Attorney. Failure to execute and return the contract agreement and
acceptable insurance documentations in a timely manner may be just cause for
the City to rescind the contract offer. A sample professional services agreement
has been attached as a reference.
Minimum Insurance Requirements
The Consultant shall, at its own expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the
Agreement by the Consultants, its agents, representatives, employees, or
subcontractors. Consultants shall also require all of its subcontractors assigned
to the project to procure and maintain the same insurance requirement for the
duration of Agreement.
Conflict of Interest
It shall be the duty of the Consultant to comply with all applicable State and
Federal laws relating to prohibited conflicts of interest. As part of its response to
this RFP, the Consultant shall disclose in writing any financial, business,
employment, or other relationships with the City or with any of its officers,
employees, or agents that are or were in existence during the twelve (12)
calendar months immediately preceding, and including, the date the Consultant's
response to the RFP is filed. In addition, the Consultant shall disclosed in writing
any financial, business, employment or other relationships with any contractor or
engineering who may have a financial in securing design and /or construction
contracts for the project. The Consultant shall have a continuing obligation to
keep the foregoing disclosures current and up -to -date during the term of this
contract, and the Contractor's failure to timely disclose the existence of such a
relationship shall be grounds for immediate termination of the contract.
Permits and Local Licenses
The Consultant shall obtain and pay for a business registration as necessitated
for doing work within the City of Rosemead. Valid licensure shall be in place for
life of the contract as stipulated in the executed Professional Services Agreement.
Attachment: Sample Letter of Agreement for SSMP Support Services
ATTACHMENT 2
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: NOVEMBER 18, 2008
SUBJECT: APPROVAL AND AUTHORIZATION TO SOLICIT ENGINEERING
PROPOSALS TO DEVELOP A SEWER SYSTEM MANAGEMENT PLAN
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:
1. Approve the attached scope of work for the development of the City's Sewer
System Management Plan
2. Authorize staff to solicit proposals from the four (4) qualified on -call engineering
consulting firms, currently on contract with the City (Attachment A)
Project Description /Scope of Services
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 main ranging in sizes from 6- inches to 12- inches 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.
The City of Rosemead is entirely within the Consolidated Sewer Maintenance District
(CSMD) formerly known as County Sanitation District No. 15 that was formed in 1945.
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
November 18, 2008
Page 2 of 3
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 2, 2006, the State Water Resources Control Board ( SWRCB) adopted Order
No. 2006 - 0003 -DWA requiring 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 public owned treatment facility in the State of California, to develop and
implement a Sewer System Management Plan (SSMP). The mandate further requires
public agencies to electronically report all sanitary sewer overflows to the State Board's
database.
Since the City of Rosemead's sewer system falls within the Los Angeles County's
Consolidated Sewer Maintenance District (CSMD), the City is planning 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
second element is that which will be prepared to supplement the first element and to
complete the City obligation under the Order.
These regulations were born out of growing concern about the water quality impacts of
Sanitary Sewer Overflows (SSO), particularly those that cause beach closures or pose
serious health and safety or nuisance problems.
The SWRCB Order established a series of SSMP compliance milestones. The most
important ones are the following:
Task Required
Completion Date
• Develop Overflow Emergency Response Program, May 2, 2009
Operation& Maintenance Program, and Fats, Oil and
Grease Control; Review Legal Authority
• Develop, Design and Performance Standards, and August 2, 2009
System Evaluation and Capacity Assurance Plan;
Submit Final SSMP
Due to time constraints and fast approaching deadlines the City will have to timely send
the RFP to the four (4) qualified on -call engineering consulting, currently on contract
with the City (Attachment A). The consultant proposals are due to the City by
Wednesday, December 17, 2008.
Following submittal, staff will carefully evaluate the proposals. The screening and
selection process for award will not be solely based on the fee schedules and costs
included in the submitted proposals. Instead, the evaluation criteria will have to include
City Council Meeting
November 18, 2008
Page 3 of 3
the experience of the consultants in similar projects, service fees, management abilities
and references. Man -hours and hourly rates are being requested from the consultants
as part of their proposals, to determine that there is a sufficient time allocated to do the
work required. Barring any unforeseen issues, staff will present a contract award
recommendation to the City Council at its scheduled meeting of January 13, 2008.
FINANCIAL REVIEW
Funding for the project has been approved and appropriated in the Capital Improvement
Fund, budgeted in Fiscal Year 2008 -09, account no. 4760 - 4214- P46329.
ENVIRONMENTAL REVIEW
This project does not require environmental review.
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney.
Prepared by:
Lucien LeBlanc
City Engineer
Farid Hentabli
Senior Management Analyst
Submitted by:
Brian Saeki
Assistant City Manager
Chris Marcarello
Deputy Director of Public Works
Attachments:
(1) Request For Proposal for the Development of Sewer System Management Plan
(2) Attachment A —Consultant List
(3) Sample Consultant Agreement
i 0
Minutes of the
REGULAR CITY COUNCIL MEETING
November 18, 2008
The regular meeting of the Rosemead City Council was called to order by Mayor Train at 7:00 p.m.
in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead,
California.
FLAG SALUTE: Council Member Clark
INVOCATION: Council Member Low
ROLL CALL OF OFFICERS PRESENT: Council Member's Clark, Low, Taylor, Mayor Pro Tern
Nunez, Mayor Tran.
OFFICIALS PRESENT: City Manager Chi, City Attorney Garcia, Assistant City Manager Saeki,
Assistant City Manager Hawkesworth, Director of Finance Brisco, Director of Parks and Recreation
Montgomery- Scott, Economic Development Administrator Ramirez, Deputy Public Works Officer
Marcarello, and City Clerk Molleda.
1. PUBLIC COMMENT FROM THE AUDIENCE
Marlene Shinen — addressed Council regarding the CPRA submitted by her to the City on October
13, 2008 requesting a copy of the final settlement agreement between Wal -Mart and Save Our
Community.
Ron Gay — responded to Ms. Shinen's comments and stated that he felt there was too much
wasted time being spent by the City on this issue.
Jean Hall — addressed Council Member Low and stated that she had taken an issue with a quote
she had given to the Tribune on an article regarding Measure CC. Ms. Hall also asked that City
Council consider having their Council meetings in a larger location when there is a popular item on
the agenda.
Todd Kunioka — stated it bothered him that the City was spending so much time on a CPRA
regarding a document that had nothing to do with the City. Mr. Kunioka also mentioned Measure
CC and stated he had received mailers with misinformation regarding the Measure.
Juan Nunez - addressed Council regarding Measure CC and stated he was glad that this
measure was defeated.
Brian Lewin — stated to City Council that he had noticed that the Planning Department has been
adding as standard conditions, new measures to improve water efficiency and electrical efficiency;
he stated he was glad to see the City moving in that direction.
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 1 of 10
0 9
2. CONSENT CALENDAR
A. Minutes
September 23, 2008 — Regular Meeting
October 14, 2008 — Regular Meeting
October 28, 2008 — Regular Meeting
The Minutes of October 14, 2008 were deferred to the next City Council meeting.
Mayor Pro Tern Nunez made a motion, seconded by Council Member Low, to approve the
Minutes of September 23, 2008 and October 28, 2008. Vote resulted in:
Yes: Low, Nunez, Tran
No: Clark, Taylor
Abstain: None
Absent: None
B. Resolution No. 2008 -74 Claims and Demands
Recommendation: Adopt Resolution No. 2008 -74, for payment of City
expenditures in the amount of $1,086,112.99 numbered 59901 through 59938
and 64158 through 64304.
C. Resolution No. 2008.75 Claims and Demands
Recommendation: Adopt Resolution No. 2008 -75, for payment of City
expenditures in the amount of $934,489.58 numbered 59939 through 59980 and
64305 through 64414.
D. Ordinance 867 — Second Reading: Zone Change 05.223 Southern California
Edison Right -of -Way on the South Side of Marshall Street between Earle
Avenue and Rockhold Avenue (APN: 5371. 013.801)
On October 28, 2008, the City Council reviewed the proposed Mitigated Negative
Declaration and the Mitigation Monitoring and Reporting Program at the first public
hearing, which resulted in a motion of approval. The project is now before Council
at the required second reading.
Recommendation: That the City Council adopt Resolution No. 2008 -72 and
Resolution No. 2008 -73.
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 2 of 10
0
Item 2F— Stop Signs at Jackson and Garvalia has been removed from the agenda.
Request for Stop Signs at Jackson Avenue and Garvalia Avenue
On September 4, 2008, Traffic Commission reviewed a request to add a four -way
stop at the intersection of Jackson Avenue and Garvalia Avenue. After visiting the
site, staff found that current traffic conditions do not warrant the addition of stop
signs due to low traffic volumes. However, after considering additional visibility
concerns, the Traffic Commission decided that a four -way stop was warranted at
this location.
At the request of the City Council, the City's traffic engineer prepared a
memorandum explaining the other factors that may be considered when adding a
stop sign at a location. Based on the existing conflicts for left turning vehicles onto
Jackson and additional visibility constraints, the traffic engineer agrees that adding
stop signs is appropriate.
Recommendation: That the City Council approve the Traffic Commission's
recommendation and authorize staff to take necessary steps to install a four -way
stop intersection at Jackson Avenue and Garvalia Avenue.
H. Housing Element Request for Proposals
The State of California requires that all cities prepare and adopt a Housing
Element every five years (Government Code sections 65580 - 65589.8). The
Housing Element must include identification and analysis of existing and projected
housing needs, resources and constraints to address these needs, overall housing
goals and policies, and scheduled programs for the maintenance, improvement
and development of housing for all "economic segments of the community. The
Rosemead Housing Element was last prepared and approved by the State in June
2002 and must now be. updated and resubmitted to the State for their review and
consideration.
Recommendation: That the City Council authorize staff to issue a Request for
Proposal to seek and obtain a qualified professional consultant to update the
Housing Element in accordance with State Law.
J. ' Radar Speed Survey— Rosemead Boulevard
The California Vehicle Code requires that the City conduct a citywide speed
analysis (Radar Speed Survey) of local streets every 7 years in order to allow the
use of radar in speed enforcement of local streets. For state -owned highways the
City must complete the analysis every 10 years for speed limits to be enforceable.
To meet this requirement, staff has coordinated an analysis to evaluate the
existing speed zones with the City of Rosemead.
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 3 of 10
i
9
Recommendation: That the City Council introduce Ordinance No. 869
establishing the speed limit zones contained in the Rosemead Municipal Code.
Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to
approve Consent Calendar with the exception of Items E, G, I, and F. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
E. Resolution Approving City Payment of the Employer Paid Member
Contribution (EPMC)
Since the City first signed a contract with CAPERS on August 1, 1992, the City
has been paying the employee's portion of the member contribution (EPMC)
required by CalPERS. CalPERS recently conducted an audit of all their member
files to ensure compliance with all Internal Revenue Code and California
Government Code sections related to retiree benefits and discovered that the City
has never approved the necessary resolutions related to the payment of the
EPMC. On October 3, 2008 City staff was notified of this necessity and was
informed by CaIPERS that the require resolutions must be adopted prior to
December 31, 2008 or the Internal Revenue Service would no longer allow the
City to make the EPMC payments. .
Recommendation: That the City Council adopt Resolution No. 2008 -77 and
Resolution No. 2008 -78 authorizing payment of EPMC under Internal Revenue
Code Section 414(h)(2) and California Government Code Section 20691.
Juan Nunez — asked how many employees the City had; and how many employees were enrolled
in CaIPERS.
Mayor Pro Tern John Nuffez made a motion, seconded by Council Member Polly Low, to
approve Consent Calendar Item 2E. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran'
No: None
Abstain: None
Absent: None
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 4 of 10
G. Traffic Study Priorities
During Fiscal Year 2007 -08, staff noticed an increase in the number of traffic study
requests. Traffic studies typically fall into two categories, routine studies or special
studies. Routine studies include requests to add roadway markings, roadway
signage, and traffic safety improvements. Special studies include more time and
analysis, including the development of traffic policies, parking studies, and citywide
traffic improvements.
Both routine and special studies are conducted in response to citizen requests,
petitions, and business requests, among others. Due to budget constraints and
the cost involved in preparing traffic studies, staff worked with the Traffic
Commission to review the process for requesting special traffic studies, as well as
the cost and work time associated with them. Over the past several months the
Commission has compiled its priority list for special studies and prepared them for
the City's Council's consideration.
Recommendation: That the City Council review the Traffic Commission's priority
list of traffic studies and authorize staff to start working on the three recommended
projects.
Mayor Pro Tern John Nunez made a motion, seconded by Council Member Polly Low, to
approve Consent Calendar Item 2G. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Abstain: None
Absent: None
Approval and Authorization to Solicit Engineering Proposals to Develop a
Sewer System Management Plan
In accordance with the State Water Resources Control Board (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.
Recommendation: That the City Council:
1. Approve the scope of work for the development of the City's Sewer
System Management Plan.
2. Authorize staff to solicit proposals from the four (4) qualified on -call
engineering consulting firms, currently on contract with the City.
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 5 of 10
Jim Flournoy — asked that staff and the Planning Commission look at a plan for the sewer water
system infrastructure for the next 18 years.
Council Member Polly Low made a motion, seconded by Mayor Pro Tern John Nunez, to
approve Consent Calendar Item 21. Vote resulted in:
Yes: Low, Nunez, Tran
No: Clark
Abstain: Taylor
Absent: None
3. MATTERS FROM CITY MANAGER & STAFF
A. Proposed Changes to ParklSports Facility Use Polices and Fees
City of Rosemead parks, pools, and sports facilities are in very great demand by
residents, community organizations; youth sports groups, "travel" clubs /teams,
schools, non - residents, and City of Rosemead youth and adult sports programs.
These facilities include Rosemead Park and Pool, Garvey Park and Pool, and the
Jess Gonzalez Sports Complex. The City of Rosemead has not reviewed the
policies or fees governing these facilities since 1993. It is necessary to do so as
we strive to maintain high quality programs, facilities, and services, provide for
long term maintenance, reduce program subsidies, and because current rates do
not reflect the cost increases that have occurred in the 15 years since they were
established. As a result, Rosemead adsorbs most of the supervision, maintenance
and field preparation, and lighting costs associated with use of these Facilities. A
survey of surrounding cities indicates that existing fees are much lower than those
of other cities.
In order to decrease the City's costs associated with use of these facilities, staff
recommends consolidating supervision and expanding the responsibilities of
regular user groups (i.e., youth sports groups). First, two staff would be assigned
to supervise all sites during evening and weekend use in lieu of assigning one staff
to each of three sites. Further, select user groups would assume responsibility for
direct supervision of the facilities that they regularly use. They would also handle
field preparation and minimal maintenance of those facilities. All cities surveyed
currently operate in this manner. Reductions in staff costs will be achieved by
transferring the responsibility for field preparation, setup, and direct supervision to
the regular users and reducing the number of City staff involved in supervision.
Recommendation: That the City Council approve the proposed facility application
including rules and regulations, fee schedule, and cancellation policy, and regular
user responsibilities as outlined effective January 1, 2009.
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 6 of] 0
Jean Hall — commended employee Alice from the Rosemead Community Center for all her help
during and event that took place in that facility. In addition, Ms. Hall had a complain against the
Rosemead Community Center due to the appearance of the facilities during the same event.
Item 3A was removed from the agenda and it was stated that this item be revisited and
brought back at a future City Council agenda.
4. MATTERS FROM MAYOR & CITY COUNCIL
A. Resolution Supporting the Funding, Development, and Operation of the San
Gabriel River Discovery Center
At the request of Mayor Pro Tern Nunez information regarding the funding,
development, and operation of the San Gabriel River Discovery Center was put on
the agenda for City Council's discussion and possible support.
The mission of the San Gabriel River Discovery Center (SGRDCA) is to inspire
environmental stewardship by providing accessible and engaging watershed and
environmental education to the public. The SGRDCA is asking for the support of
cities to collaborate in any future outreach for the Discovery Center Project by
approving a resolution.
Recommendation: That the City Council formalize the City's position on
supporting the funding, development, and operation of the San Gabriel River
Discovery Center and discuss whether to approve Resolution No. 2008 -76.
Hugo Garcia — addressed City Council and stated he was available to answer any questions
regarding this item.
Jim Flournoy — stated he was presenting the San Gabriel River Sierra Club and added they were
in favor of this item.
Brian Lewin — stated he had look at this project and added it will serve our area well.
Todd Kunioka — stated this was a good project and will help and benefit the entire San Gabriel
River.
Council Member Polly Low made a motion, seconded by Mayor Pro Tern John Nunez, to
approve Resolution No. 2008.76. Vote resulted in:
Yes: Clark, Low, Nunez, Taylor, Tran
No: Taylor
Abstain: Low
Absent: None
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 7 of 10
B. Revised Community Center Rates and Polices
At the request of Councilmember Gary Taylor, information regarding our recently
adopted facility policies and user fees was put on the agenda for City Council's
discussion. City Council approved the application and Policies and Guidelines for
use of Rosemead and Garvey Community Centers at its regular meeting on May
13. Several factors guided the revision process including a disproportionate level
of non - resident use, exposure to liability, the absence of a long -term maintenance
plan, and because rates and policies had not been reviewed since 1993.
Team members conducted a survey of other local cities for comparison. Even after
the increase, we remain well below the average in the region, The largest increase
is for non - resident use of facilities (their rates are an average of 50% higher than
those of residents). In addition to rate increases, several key policy - changes were
effected. First, an insurance requirement for all "general public" use was mandated
per the recommendation of CJPIA. We created a Building Maintenance Fund by
setting aside 10% of all facility use fees. We also clarified our use policy.
The revised policy identifies "the City of Rosemead, other government, and
Rosemead - recognized Community Service/Non-Profit Organizations" as having
priority use. It makes a fee exemption possible to specified groups. However, to
qualify for the exemption, organizations must prove (A) current non - profit status
and (B) demonstrate that they provide services that are of significant direct benefit
to the community or a significant portion of its residents and is open to the public
and in compliance with non - discrimination laws. Lastly, current policy limits facility
use to "recreation,.social, educational, or governmental functions only."
The proposed rate and policy changes were designed to improve and expand use
of City facilities, deter abuses of facilities, eliminate undue liability, and increase
revenues.
Recommendation: That the City Council discuss this item and provide staff with
direction.
Julie Gentry —stated Holy Knapp could not beat the meeting this evening but wanted to invite the
community to People for People's pancake breakfast. Also, Ms. Gentry added that People for
People should be except from any fees to use the City's facilities.
Bob Bruesch — stated that both school districts have MOU's with the City regarding its facilities
and asked if these changes would affect them.
No action was taken on this item.
Rosemead.City Council Meeting
Minutes of November 18. 2008
Page 8 of 10
1]
C. Resident Concern Regarding Non-English Instruction in Special Interest
Classes
Recently, a resident expressed concern about non - English instruction in a City of
Rosemead Special Interest Class (SIC) to Council Member Clark. It appears that
the resident also inquired as to the legality of offering such classes and any
potential liability faced by the City as a result of this practice. .
Of the sixty -nine SIC classes offered by the City of Rosemead there are five for
which English is not the primary language of the instructor. These five classes are
offered at the Garvey Center and include Latin Dance, Social Dance, Chinese
Fitness Dance, Advanced Ballroom, and Violin. Furthermore, in the City's Parks &
Recreation brochure, these classes are listed as being taught by instructors who
have limited English language ability.
An initial legal evaluation of the issue suggested that the City of Rosemead has no
apparent legal liability by offering some classes for which English is not the
primary language of the instructor.
In an effort to make our contract classes more equitable for al members of the
Community Council Member Clark has requested that staff investigate the
possibility of implementing some type of requirement to ensure that concerns
about the City's SIC are addressed. Among the potential solutions suggested
include the possibility of requiring translators at such classes or requiring a
minimum standard of English proficiency for all class instructors.
Recommendation: That the City Council provide direction in regards to the matter
of English language instruction for Special Interest Classes.
Ms. Truiillo — stated she agreed with Ms. Clark's concerns.
Jim Flournoy —stated he did not think there was any impotency on the City side in determining
what the classes are going to be and who they are going to target.
Todd Kunioka — stated these classes were a great opportunity for all residence; he added if the
City required a translator for all these classes they would become unaffordable to all residence.
Steve Lv — stated he felt that the City should take great consideration in offering these classes in
all languages to avoid isolating a population.
Mayor John Tran made a motion, seconded by Council Member Polly Low, to form a
committee and appoint Council Member Clark and Council Member Low to the same
committee. Vote resulted in:
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 9 of 10
•
Yes: Clark, Low, Tran
No: Nunez, Taylor
Abstain: Low
Absent: None
Mayor Tran recessed to Closed Session at 9:30 p.m.
5. CLOSED SESSION
s
The City Council will recess to a Closed Session pursuant to:
1) Government Code 54956.9(a)
Conference with Legal Counsel — Existing Litigation
Name of Case: Randy Hato and Robert Ballin v. City of Rosemead
The Council reconvened back from Closed Session at 9:58 p.m. The Mayor stated there was
no reportable action taken.
6. ADJOURNMENT
The City Council meeting was adjourned in memory of Vern Hultz. The next City Council meeting
is scheduled to take place on December 16, 2008 at 7:00 p.m.
�� /�
Jo Tran f
M or
ATT ST:
Gloria Molleda, City Clerk
Rosemead City Council Meeting
Minutes of November 18, 2008
Page 10 of 10
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
}
SS.
11
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
minutes from November 18, 2008, were duly and approved and adopted by the
Rosemead City Council on the 16 of December 2008, by the following vote to wit:
Yes: Low, Nunez, Tran
No: Clark Taylor
Abstain: None
Absent: None
G loria Molleda
Iona Molleda
City Clerk
Sewer System Master Plan
Request For Proposal
November 18, 2008
LIST OF CONSULTANTS:
ATTACHMENT 4
1. ADVANCED APPLIED ENGINEERING, INC.
2. ENGINEERING AND CONSTRUCTION MANAGEMENT GROUP
3. KIMLEY -HORN AND ASSOCIATES, INC.
4. WILLDAN ENGINEERING
ATTACHMENT 5
[Date]
[Consultant's Name]
[Insert Address]
[Insert City, State Zip]
of Aareement for
This is an Agreement between the City of R35s r
Consultant, as an independent contractos4a
services ( "Services ") to the City of Rosemead
Plan (SSMP). Acceptance and execution of this
Proceed for this project, as described in the City's
Services Agreement with Consultant.
d the [Consultant's Name]. The
professional and engineering
y's Sewer System Management
$all serve as the Notice to
III Professional Engineering
The Services to be provided include the following: Provide the City with professional
engineering services related to the adoption of the Sewer System Management Plan
(SSMP) for the C f Rgsemead. Services shall also include updating the City's 1984
Master Plan of 5�, , cs ervices, including project deadlines and further details
are more particula : ewe request for proposals attached here to as Exhibit
'A' and incorporateciNar nce.
Consultant shall perfo Services under this Letter of Agreement in a skillful and
competent manner, ctent with the standards generally recognized as being
employed by professio als in the same discipline in the State of California, and
consistent with all applicable laws. Consultant represents that it, its employees and
sub - contractors. have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term
of this Agreement. Compensation shall be based on the actual amount of time spent in
adequately performing the such Services, and shall be billed at the hourly rate(s) of $
[insert rates for each type of employee to be used]. However, unless expressly agreed
to in writing in advance by the City, the cost to the City for the Services shall not exceed
$[insert maximum budget].
[Addressee's Name]
[Date]
Page 2 of 3
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et
seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and
the performance of other requirements on "public works" and "maintenance" projects. If
the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing
Wage Laws. City shall provide Consultant with a copy of the preying rates of per
diem wages in effect at the commencement of this Agreement. Ctnt shall make
copies of the prevailing rates of per diem wages for each craft, ifi or type of
worker needed to execute the Services available to interested. eq st, and
shall post copies at the Consultant's principal place of business e r site.
Consultant shall defend, indemnify and hold the City, its elect Ificers,
employees and agents free and harmless from any claim or liability fir: gout of any
failure or alleged failure to comply with the Prevailing Wage Laws.
Consultant shall provide proof of commercial. -h ability and automobile insurance
to the City in amounts and with policies, a =�fs�nt� and conditions required by the
City for the Services. If Consultant is otor otherwise hires one or more
—
employees during the term of this Project shall also provide proof of workers
compensation coverage for such employees, w "5 meet all requirements of state law.
Consultant shall also provide errors and omrs liability insurance
appropriate to its involvement with this project, withditions and for a term acceptable
to the City.
Invoices shall be submitted to the City monthly as performance of the Services
progresses. City shall review and pay the approved charges on such invoices in a
timely manner 5 W014 to the Project shall begin immediately and be completed by
May 2, 2009, unle f e City in writing. The City may terminate this Letter
of Agreement at a i without cause. If the City finds it necessary to
terminate this Letter a M - e : _, without cause before Project completion, Consultant
shall be entitled to be ad inFUll for those Services adequately completed prior to the
notification of terminati .:consultant may terminate this Letter of Agreement for cause
only.
All reports, as well as all original reproducible drawings, plans, studies, traffic counts,
memoranda, computation sheets, electronic storage devices and other documents
assembled or prepared by Consultant or Consultant's agents, officers or employees in
connection with this Agreement shall be the property of the City of Rosemead. They
shall be delivered to the City of Rosemead upon the completion or termination of the
Project. Copies of said documents may be retained by Consultant, but shall not be
made available by Consultant to any individual or organization without the prior written
approval of the City of Rosemead, except as required by law.
[Addressee's Name]
[Date]
Page 3 of 3
Consultant warrants that the individual who has signed this Agreement has the legal
power, right and authority to make this Agreement and bind the Consultant hereto. If
you agree with the terms of this Letter of Agreement, please indicate by signing and
dating three (3) copies of original agreement where indicated below and return to the
undersigned. Once the documents are fully executed, one original will be returned to
you for your records.
CITY OF ROSEMEAD
Approved by:
Oliver Chi
City Manager
Attest:
Gloria Molleda
City Clerk
[If cost is $10,00(
Approved as to F
[INSERT NAME OF CONSULTANT]
Accepted by Consultant:
Signatu
Name
Title
Date
ines below for city attorney may be removed]
Garcia Calderon Ruiz LLP
City Attorney
ATTACHMENT 6
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.
3. Sanitary sewer systems experience periodic failures resulting in discharges that
may affect waters of the state. There are many factors (including factors related
to geology, design, construction methods and materials, age of the system,
population growth, and system operation and maintenance), which affect the
likelihood of an SSO. A proactive approach that requires Enrollees to ensure a
system -wide operation, maintenance, and management plan is in place will
reduce the number and frequency of SSOs within the state. This approach will in
turn decrease the risk to human health and the environment caused by SSOs.
4. Major causes of SSOs include: grease blockages, root blockages, sewer line
flood damage, manhole structure failures, vandalism, pump station mechanical
failures, power outages, excessive storm or ground water inflow /infiltration,
debris blockages, sanitary sewer system age and construction material failures,
lack of proper operation and maintenance, insufficient capacity and contractor -
caused damages. Many SSOs are preventable with adequate and appropriate
facilities, source control measures and operation and maintenance of the sanitary
sewer system.
State Water Resources Control Board Order No. 2006 - 0003 -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.
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.
It is the State Water Board's intent to gather additional information on the causes
and sources of SSOs to augment existing information and to determine the full
extent of SSOs and consequent public health and /or environmental impacts
occurring in the State.
9. Both uniform SSO reporting and a centralized statewide electronic database are
needed to collect information to allow the State Water Board and Regional Water
Quality Control Boards (Regional Water Boards) to effectively analyze the extent
of SSOs statewide and their potential impacts on beneficial uses and public
health. The monitoring and reporting program required by this Order and the
attached Monitoring and Reporting Program No. 2006 - 0003 -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 within their jurisdictions. This Order establishes
minimum requirements to prevent SSOs. Although it is the State Water Board's
intent that this Order be the primary regulatory mechanism for sanitary sewer
systems statewide, Regional Water Boards may issue more stringent or more
State Water Resources Control Board Order No. 2006 - 0003 -DWQ
Statewide General WDR For Wastewater Collection Agencies
Page 3 of 20
5/2/06
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 -DWQ 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 512/06
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 watersof the United States; and
(iii) Wastewater backups into buildings and on private property that are
caused by blockages or flow conditions within the publicly owned portion
of a sanitary sewer system.
2. Sanitary sewer system — Any system of pipes, pump stations, sewer lines, or
other conveyances, upstream of a wastewater treatment plant headworks used
to collect and convey wastewater to the publicly owned treatment facility.
Temporary storage and conveyance facilities (such as vaults, temporary piping,
construction trenches, wet wells, impoundments, tanks, etc.) are considered to
be part of the sanitary sewer system, and discharges into these temporary
storage facilities are not considered to be SSOs.
State Water Resources Control Board Order No. 2006 - 0003 -DWQ
Statewide General WDR For Wastewater Collection Agencies
Page 6 of 20
5/2/06
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.
7. Nuisance - California Water Code section 13050, subdivision (m), defines
nuisance as anything which meets all of the following requirements:
a. Is injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property.
b. Affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
c. Occurs during, or as a result of, the treatment or disposal of wastes.
B. APPLICATION REQUIREMENTS
Deadlines for Application — All public agencies that currently own or operate
sanitary sewer systems within the State of California must apply for coverage
under the general WDRs within six (6) months of the date of adoption of the
general WDRs. Additionally, public agencies that acquire or assume
responsibility for operating sanitary sewer systems after the date of adoption of
this Order must apply for coverage under the general WDRs at least three (3)
months prior to operation of those facilities.
2. Applications under the general WDRs — In order to apply for coverage pursuant
to the general WDRs, a legally authorized representative for each agency must
submit a complete application package. Within sixty (60) days of adoption of the
general WDRs, State Water Board staff will send specific instructions on how to
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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.
It is the intent of the State Water Board that sanitary sewer systems be regulated
in a manner consistent with the general WDRs. Nothing in the general WDRs
shall be:
(i) Interpreted or applied in a manner inconsistent with the Federal Clean
Water Act, or supersede a more specific or more stringent state or
federal requirement in an existing permit, regulation, or
administrative /judicial order or Consent Decree;
(ii) Interpreted or applied to authorize an SSO that is illegal under either the
Clean Water Act, an applicable Basin Plan prohibition or water quality
standard, or the California Water Code;
(iii) Interpreted or applied to prohibit a Regional Water Board from issuing an
individual NPDES permit or WDR, superseding this general WDR, for a
sanitary sewer system, authorized under the Clean Water Act or
California Water Code; or
(iv) Interpreted or applied to supersede any more specific or more stringent
WDRs or enforcement order issued by a Regional Water Board.
3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an
SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate
the impacts of an SSO.
4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent
untreated or partially treated wastewater from discharging from storm drains into
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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.
When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps
and necessary remedial actions to 1) control or limit the volume of untreated or
partially treated wastewater discharged, 2) terminate the discharge, and 3)
recover as much of the wastewater discharged as possible for proper disposal,
including any wash down water.
The Enrollee shall implement all remedial actions to the extent they may be
applicable to the discharge and not inconsistent with an emergency response
plan, including the following:
(i) Interception and rerouting of untreated or partially treated wastewater
flows around the wastewater line failure;
(ii) Vacuum truck recovery of sanitary sewer overflows and wash down
water;
(iii) Cleanup of debris at the overflow site;
(iv) System modifications to prevent another SSO at the same location;
(v) Adequate sampling to determine the nature and impact of the release;
and
(vi) Adequate public notification to protect the public from exposure to the
SSO.
8. The Enrollee shall properly, manage, operate, and maintain all parts of the
sanitary sewer system owned or operated by the Enrollee, and shall ensure that
the system operators (including employees, contractors, or other agents) are
adequately trained and possess adequate knowledge, skills, and abilities.
9. The Enrollee shall allocate adequate resources for the operation, maintenance,
and repair of its sanitary sewer system, by establishing a proper rate structure,
accounting mechanisms, and auditing procedures to ensure an adequate
measure of revenues and expenditures. These procedures must be in
compliance with applicable laws and regulations and comply with generally
acceptable accounting practices.
10.The Enrollee shall provide adequate capacity to convey base flows and peak
flows, including flows related to wet weather events. Capacity shall meet or
exceed the design criteria as defined in the Enrollee's System Evaluation and
Capacity Assurance Plan for all parts of the sanitary sewer system owned or
operated by the Enrollee.
11. The Enrollee shall develop and implement a written Sewer System Management
Plan (SSMP) and make it available to the State and /or Regional Water Board
upon request. A copy of this document must be publicly available at the
Enrollee's office and /or available on the Internet. This SSMP must be approved
by the Enrollee's governing board at a public meeting.
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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 11, stormwater, chemical dumping,
unauthorized debris and cut roots, etc.);
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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
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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
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Statewide General WDR For Wastewater Collection Agencies 512106
Enrollee's compliance with the SSMP requirements identified in this
subsection (D.13), including identification of any deficiencies in the
SSMP and steps to correct them.
(xi) Communication Program — The Enrollee shall communicate on a
regular basis with the public on the development, implementation, and
performance of its SSMP. The communication system shall provide the
public the opportunity to provide input to the Enrollee as the program is
developed and implemented.
The Enrollee shall also create a plan of communication with systems that
are tributary and /or satellite to the Enrollee's sanitary sewer system.
14. Both the SSMP and the Enrollee's program to implement the SSMP must be
certified by the Enrollee to be in compliance with the requirements set forth
above and must be presented to the Enrollee's governing board for approval at a
public meeting. The Enrollee shall certify that the SSMP, and subparts thereof,
are in compliance with the general WDRs within the time frames identified in the
time schedule provided in subsection D.15, below.
In order to complete this certification, the Enrollee's authorized representative
must complete the certification portion in the Online SSO Database
Questionnaire by checking the appropriate milestone box, printing and signing
the automated form, and sending the form to:
State Water Resources Control Board
Division of Water Quality
Attn: SSO Program Manager
P.O. Box 100
Sacramento, CA 95812
The SSMP must be updated every five (5) years, and must include any
significant program changes. Re- certification by the governing board of the
Enrollee is required in accordance with D.14 when significant updates to the
SSMP are made. To complete the re- certification process, the Enrollee shall
enter the data in the Online SSO Database and mail the form to the State Water
Board, as described above.
15.The Enrollee shall comply with these requirements according to the following
schedule. This time schedule does not supersede existing requirements or time
schedules associated with other permits or regulatory requirements.
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Statewide General WDR For Wastewater Collection Agencies
Sewer System Management Plan Time Schedule
Page 16 of 20
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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
15 months after
18 months after
Plan and Schedule
Nospecific Section
WDRs Adoption
WDRs
pttin 2
WDRs Ado ion
n
WDRs
Adoption
Adoption 2
Goals and
Organization Structure
12 months after WDRs Adoption
18 months after WDRs Adoption
Section D 13 i & ii)
Overflow Emergency
Response Program
Section D 13 (vi
Legal Authority
Section D 13 (iii)
24 months after
3 months after
36 months after
39 months after
Operation and
Maintenance Program
WDRs Adoption
WDRs Adoption
WDRs
Adoption
WDRs
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,
8 months after WDRs Adoption
and 9
Regional Boards 1, 2,
12 months after WDRs Adoption
and 3
Regional Boards 5, 6,
16 months after WDRs Adoption
and 7
If this MOU is not executed by July 1, 2006, the reporting program time schedule will
remain six (6) months for all regions and agency size categories.
2. In the event that the Executive Director executes the MOA identified in note 1 by
July 1, 2006, then the deadline for this task shall be extended by six (6) months.
The time schedule identified in the MOA must be consistent with the extended time
schedule provided by this note. If the MOA is not executed by July 1, 2006, the six
(6) month time extension will not be granted.
E. WDRs and SSMP AVAILABILITY
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 furnish to the State or Regional Water Board, within a
reasonable time, any information that the State or Regional Water Board may
request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this Order. The Enrollee shall also furnish to the Executive
Director of the State Water Board or Executive Officer of the applicable Regional
Water Board, upon request, copies of records required to be kept by this Order.
2. The Enrollee shall comply with the attached Monitoring and Reporting Program
No. 2006 -0003 and future revisions thereto, as specified by the Executive
Director. Monitoring results shall be reported at the intervals specified in
Monitoring and Reporting Program No. 2006 -0003. Unless superseded by a
specific enforcement Order for a specific Enrollee, these reporting requirements
are intended to replace other mandatory routine written reports associated with
SSOs.
3. All Enrollees must obtain SSO Database accounts and receive a "Username"
and "Password" by registering through the California Integrated Water Quality
System (CIWQS). These accounts will allow controlled and secure entry into the
SSO Database. Additionally, within 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.
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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
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.
1. All applications, reports, or information shall be signed and certified as follows:
(i) All reports required by this Order and other information required by the
State or Regional Water Board shall be signed and certified by a person
designated, for a municipality, state, federal or other public agency, as
either a principal executive officer or ranking elected official, or by a duly
authorized representative of that person, as described in paragraph (ii) of
this provision. (For purposes of electronic reporting, an electronic
signature and accompanying certification, which is in compliance with the
Online SSO database procedures, meet this certification requirement.)
(ii) An individual is a duly authorized representative only if:
(a) The authorization is made in writing by a person described in
paragraph (i) of this provision; and
(b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity.
K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS
1. The California Water Code provides various enforcement options, including civil
monetary remedies, for violations of this Order.
2. The California Water Code also provides that any person failing or refusing to
furnish technical or monitoring program reports, as required under this Order, or
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5/2/06
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
<!E �
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
Statewide General WDRs for Sanitary Sewer Systems
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5/2/2006
County Health Officers, local Director of Environmental Health, Regional Water
Boards, or Office of Emergency Services (OES)) or State law.
5. Category 2 SSOs — All SSOs that meet the above criteria for Category 2 SSOs
must be reported to the Online SSO Database within 30 days after the end of the
calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of
January must be entered into the database by March 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 "Username" and
"Password" by registering through the California Integrated Water Quality System
(CIWQS). These accounts will allow controlled and secure entry into the SSO
Database. Additionally, within thirty (30) days of receiving an account and prior to
recording SSOs into the SSO Database, all Enrollees must complete the "Collection
System Questionnaire ", which collects pertinent information regarding an Enrollee's
collection system. The "Collection System Questionnaire" must be updated at least
every 12 months.
At a minimum, the following mandatory information must be included prior to finalizing
and certifying an SSO report for each category of SSO:
9. Category 2 SSOs:
A. Location of SSO by entering GPS coordinates;
B. Applicable Regional Water Board, i.e. identify the region in which the
SSO occurred;
C. County where SSO occurred;
D. Whether or not the SSO entered a drainage channel and /or surface
water;
E. Whether or not the SSO was discharged to a storm drain pipe that
was not fully captured and returned to the sanitary sewer system;
Monitoring and Reporting Program No. 2006- 0003 -DWQ Page 3 of 5
Statewide General WDRs for Sanitary Sewer Systems 5/2/2006
F. Estimated SSO volume in gallons;
G. SSO source (manhole, cleanout, etc.);
H. SSO cause (mainline blockage, roots, etc.);
I. Time of SSO notification or discovery;
J. Estimated operator arrival time;
K. SSO destination;
L. Estimated SSO end time; and
M. SSO Certification. Upon SSO Certification, the SSO Database will
issue a Final SSO Identification (ID) Number.
10. Private Lateral Sewage Discharges:
A. All information listed above (if applicable and known), as well as;
B. Identification of sewage discharge as a private lateral sewage
discharge; and
C. Responsible party contact information (if known).
11. Category 1 SSOs:
A. All information listed for Category 2 SSOs, as well as;
B. Estimated SSO volume that reached surface water, drainage
channel, or not recovered from a storm drain;
C. Estimated SSO amount recovered;
D. Response and corrective action taken;
E. If samples were taken, identify which regulatory agencies received
sample results (if applicable). If no samples were taken, NA must
be selected.
F. Parameters that samples were analyzed for (if applicable);
G. Identification of whether or not health warnings were posted;
H. Beaches impacted (if applicable). If no beach was impacted, NA
must be selected;
I. Whether or not there is an ongoing investigation;
J. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the overflow and a schedule of major milestones for
those steps;
K. OES control number (if applicable);
L. Date OES was called (if applicable);
M. Time OES was called (if applicable);
N. Identification of whether or not County Health Officers were called;
O. Date County Health Officer was called (if applicable); and
P. Time County Health Officer was called (if applicable).
Reporting to Other Regulatory Agencies
These reporting requirements do not preclude an Enrollee from reporting SSOs to other
regulatory agencies pursuant to California state law. These reporting requirements do
not replace other Regional Water Board telephone reporting requirements for SSOs.
Monitoring and Reporting Program No. 2006 - 0003 -DWQ
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5/2/2006
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;
The Enrollee shall retain records of all SSOs, such as, but not limited to and
when applicable:
a. Record of Certified report, as submitted to the online SSO database;
b. All original recordings for continuous monitoring instrumentation;
C. Service call records and complaint logs of calls received by the Enrollee;
d. SSO calls;
e. SSO records;
f. Steps that have been and will be taken to prevent the SSO from recurring
and a schedule to implement those steps.
g. Work orders, work completed, and any other maintenance records from
the previous 5 years which are associated with responses and
investigations of system problems related to SSOs;
h. A list and description of complaints from customers or others from the
previous 5 years; and
i. Documentation of performance and implementation measures for the
previous 5 years.
6. If water quality samples are required by an environmental or health regulatory
agency or State law, or if voluntary monitoring is conducted by the Enrollee or its
agent(s), as a result of any SSO, records of monitoring information shall include:
Monitoring and Reporting Program No. 2006 - 0003 -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