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Home My WebLink AboutMINUTES - 06042013 - C.08RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, to execute a letter agreement on behalf of the Contra Costa Clean Water Program to terminate East Bay Municipal Utility District (EBMUD) from the Contra Costa Clean Water Program Inspection Agreement effective June 30, 2013. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Contra Costa Clean Water Program (CCCWP) consists of Contra Costa County, its 19 incorporated cities/towns, and the Contra Costa County Flood Control and Water Conservation District (District), hereinafter referred to as “Permittees.” In November 1990, the United States Environmental Protection Agency (USEPA) published final stormwater rules implementing the 1987 Federal Clean Water Act (CWA) amendments, which established, among other things, a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) Permit Program. The rules prohibit the discharge of pollutants in stormwater unless the discharge is in compliance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/04/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tom Dalziel, (925) 313-2392 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 4, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 4, 2013 Contra Costa County Subject:Approval to Terminate East Bay Municipal Utility District from CCCWP Stormwater Inspection Agreement BACKGROUND: (CONT'D) with a NPDES permit. In response, the Permittees jointly established the CCCWP in 1991 through a Program Agreement, and jointly applied for, and were subsequently issued, Joint Municipal NPDES Permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (Water Boards). The Municipal NPDES Permits are reissued approximately every five years. The permits mandate Permittees to develop and implement stormwater pollution prevention and control programs designed to reduce or eliminate the discharge of pollutants into and from municipal separate storm sewers (MS4s). Permittees conduct many of these mandated activities collectively (referred to as “Group Activities”). The roles and responsibilities of the CCCWP and Permittees are outlined in the Program Agreement, which was last updated and adopted by all Permittees in June 2010. In accordance with the Program Agreement, each city/town/County/District manager designates one representative to participate on the Management Committee, which is the CCCWP’s decision-making body. Each Co-Permittee also entered into a separate “Cost Payment Agreement” with the Contra Costa County Flood Control and Water Conservation District (District) that sets forth the responsibilities for collection, administration, distribution and expenditure of monies derived from each stormwater utility area assessment, which is contiguous with each Co-Permittee’s jurisdictional area. The cities of Brentwood and Richmond do not participate in the stormwater utility area assessment, but did enter into an agreement with the District outlining a cost sharing methodology for funding activities conducted jointly by all Co-Permittees. Some Stormwater Utility Assessment Agreements between the District and individual Co-permittees have been amended to allow for participation in a Group Inspection Program. Group Inspection Program In June 1997, the Program established the Group Inspection Program, in which two Publicly Owned Treatment Works (POTWs) agencies; Central Contra Costa Sanitary District (CCCSD) and the West County Wastewater District (WCWD), entered into two agreements – one with the District (on behalf of the Program) and one with each participating Co-permittee - to conduct business inspection services, including illicit discharge control inspection activities. The Group Inspection Program Agreement was updated in 2003 to remove WCWD and add the Delta Diablo Sanitation District (DDSD) and the East Bay Municipal Utility District (EBMUD). In 2007, the agreement was amended to include the City of Hercules. In 2008, the agreement was amended to remove the City of Pinole. Since 1997, the Agreement has undergone three extensions. The Agreement was last modified in October 2009 to add the City of Richmond, to extend the Agreement into perpetuity, and is among the Contra Costa County Flood Control and Water Conservation District (on behalf of the Contra Costa Clean Water Program), the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District and EBMUD. The Agreement now needs to be updated again, to remove EBMUD and include WCWD. Request for Board of Supervisors Approval The termination letter prepared by EBMUD providing notice of termination of the obligations of EBMUD under the October 6, 2009 Group Inspection Program Agreement effective June 30, 2013 has been reviewed by County Counsel. Program staff has met with representatives of the affected parties (i.e., EBMUD, CCCSD (on behalf of DDSD), and the cities of El Cerrito, Hercules and Richmond). There is agreement among these representatives to approve the EBMUD termination letter to terminate EBMUD’s obligations under the Agreement to coincide with the end of Fiscal Year 2012/2013 (June 30, 2013). CCCWP staff, on behalf of the cities/towns, the County, and the District, requests authority to execute the termination letter to terminate EBMUD from the Contra Costa Clean Water Program Stormwater Inspection Agreement. CONSEQUENCE OF NEGATIVE ACTION: If the EBMUD termination letter is not approved, the CCCWP would not be able to release EBMUD of their If the EBMUD termination letter is not approved, the CCCWP would not be able to release EBMUD of their agreement obligations nor provide a smooth transition of inspection services to fulfill the permit mandates. Municipalities could be found in non-compliance with the NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Fines totaling $10,000 per day and $10 per gallon of stormwater discharge could potentially be imposed. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Termination Letter County Counsel Comments – 5-21-13 [EBMUD Letterhead] [Flood Control District Letterhead] June 4, 2013 Jerry Bradshaw Public Works Director City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 Yader A. Bermudez Public Works Director City of Richmond #6 - 13th Street Richmond, CA 94801 John McGuire Municipal Services Director City of Hercules 111 Civic Drive Hercules, CA 94547 Mike Bakaldin Deputy General Manager Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 Curt Swanson Provisional General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Re: Termination of East Bay Municipal Utility District’s Obligations Under the Agreement Regarding the Contra Costa Clean Water Program’s Stormwater Inspection Activities Dear Sirs: The purpose of this letter is to provide notice that the Contra Costa County Flood Control and Water Conservation District (the “District”) and the East Bay Municipal Utility District (“EBMUD”) desire to terminate EBMUD’s obligations under the Agreement Among the Contra Costa Flood Control and Water Conservation District (on behalf of the Contra Costa Clean Water Program), the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District Regarding the Contra Costa Clean Water Program’s Inspection Activities, dated October 6, 2009 (the “Agreement”), and to have the termination effective June 30, 2013. Capitalized terms used in this letter and not otherwise defined have the meaning given in the Agreement. EBMUD is one of three Agencies designated in the Agreement to provide stormwater inspection and illicit discharge control activities to certain Participating Municipalities. EBMUD provides services under the Agreement to the Participating Municipalities of El Cerrito, Richmond, and Hercules (the “West County Participating Municipalities”). Cities of El Cerrito, Richmond, and Hercules, and DDSD and CCCSD Stormwater Inspection Agreement Obligations June 4, 2013 Page 2 Section 2 (Termination) of the Agreement provides that an Agency may terminate its obligations under the Agreement at its sole discretion by giving all other parties and Participating Municipalities at least 180 days written notice. The District and EBMUD desire to terminate EBMUD’s obligations under the Agreement as of June 30, 2013, which is less than 180 days from the date of this letter. By jointly providing notice to the Agencies and the Participating Municipalities of their desire to terminate EBMUD’s obligations under the Agreement, the District and EBMUD hereby request that the other Agencies and the West County Participating Municipalities acknowledge and agree to the termination of EBMUD’s obligations under the Agreement, effective June 30, 2013. The District and EBMUD request that each Agency and Participating Municipality countersign this letter in its respective signature block below, and return the countersigned letter to the District prior to May 28, 2013. Both the District and EBMUD recognize that the current stormwater compliance year elapses June 30, 2013, and that if a new service provider is selected to replace EBMUD, the West County Participating Municipalities will want that provider to begin service on July 1, 2013. Therefore, the District, EBMUD, the other Agencies, and the West County Participating Municipalities acknowledge and agree that EBMUD will perform its obligations under the Agreement through June 30, 2013, and will make appropriate staff available to any new service provider through July 31, 2013 for incidental consulting, and as necessary for field transition activities. In addition, EBMUD agrees to provide technical support and documentation to assist all affected parties under the Agreement to complete all reporting requirements for stormwater compliance. EBMUD will retain stormwater compliance records for the period required by law and, during that period, will provide such records upon request. The District is in the process of drafting an amended and restated Agreement to remove EBMUD from the Agreement and replace it with a new service provider, and intends to complete this process prior to June 30, 2013. The undersigned persons declare they are duly authorized to sign this letter agreement on behalf of their respective parties. EAST BAY MUNICIPAL UTILITY DISTRICT By: Kurt B. Haunschild Interim Director of Wastewater Approved As To Form: By: Cities of El Cerrito, Richmond, and Hercules, and DDSD and CCCSD Stormwater Inspection Agreement Obligations June 4, 2013 Page 3 Office of General Counsel CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: [Julie Bueren] [Chief Engineer] Acknowledged and Agreed: City of El Cerrito By: Name: Title: City of Richmond By: Name: Title: City of Hercules By: Name: Title: Delta Diablo Sanitation District By: Name: Title: Central Contra Costa Sanitary District By: Name: Title: cc: Participating Municipalities’ Stormwater Program Managers