HomeMy WebLinkAboutMINUTES - 04222014 - C.13RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chief Engineer, or designee, of the Flood Control and Water Conservation District,
on behalf of the Contra Costa Clean Water Program, to execute:
(a) Second Amendment to the Stormwater Utility Area Agreement between the Flood Control District and the City of
San Pablo; and
(b) Amendment to Amended and Restated Contra Costa Clean Water Program Inspection Activities Agreement
Adding a Participating Municipality, among District, Delta Diablo Sanitation District, Central Contra Costa County
Sanitation District, and West County Wastewater District.
FISCAL IMPACT:
There is no fiscal impact. Inspection services by West County Wastewater District will be funded with stormwater
utility fees provided under San Pablo’s Stormwater Utility Area (SUA) Agreement, collected by the Flood Control
and Water Conservation District (District) on behalf of the fifteen (15) participating municipalities. The City of San
Pablo’s share of the inspection activities will be funded through fees paid directly to the District under its SUA
Agreement.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/22/2014 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: Beth Baldwin, (925)
313-2164
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: April 22, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 13
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 22, 2014
Contra
Costa
County
Subject:2nd Amendment to Stormwater Utility Area Agreement with City of San Pablo, and Amendment to Amended and
Restated CCCWP Inspection Activities Agreement
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 (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 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 NPDES 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 a representative to participate on the Management
Committee, which is the CCCWP’s decision-making body. The Management Committee has directed that certain
requirements of the Municipal NPDES Permits, such as stormwater quality and pollutants of concern monitoring,
special studies, and pilot projects be coordinated, implemented and funded as a Group Activity.
The Water Boards also require municipalities to conduct an industrial and commercial business inspection
activities and illicit discharge control inspection activities program (Inspection Program). These inspections are
mandated by the NPDES permit issued to the municipalities. The inspections are intended to radically reduce or
eliminate polluted urban runoff.
The District collects and administers the Stormwater Utility Area (SUA) Agreement, the funding source for the
Contra Costa Clean Water Program, for the cities and unincorporated area of Contra Costa County. The SUA
Agreement previously approved by the City of San Pablo set forth the responsibilities of the municipalities and
the District regarding collection, administration, distribution, and expenditures of the SUA assessment monies.
The City of San Pablo wishes to be added as a Participating Municipality under the Amended and Restated
Inspection Agreement, among the District, Delta Diablo Sanitation District, Central Contra Costa County
Sanitation District, and West County Wastewater District in order that it can receive inspection services
thereunder. In order to become a Participating Municipality it needs to amend its existing SUA Agreement to
authorize the District to execute an Amendment to the Amended and Restated Inspection Agreement that will
continue indefinitely (subject to termination by any party upon 180 days’ notice).
District staff recommends that the Board approve the Second Amendment to the existing SUA Agreement with
the City of San Pablo, and the Amendment to the Amended and Restated Inspection Agreement. Such approval is
necessary to enable the District to carry out the Inspection Program on behalf of the City of San Pablo.
CONSEQUENCE OF NEGATIVE ACTION:
If the Second Amendment to the SUA Agreement between the District and the City of San Pablo, and the
Amendment to the Amended and Restated Inspection Agreement are not approved, the City of San Pablo will not
receive inspection services under the Amended and Restated Inspection Agreement and will not be able to clear
its backlog of required inspections. The City of San Pablo could therefore be found in non-compliance with its
Municipal NPDES permit issued by the San Francisco Bay Regional Water Quality Control Board. Fines totaling
$10,000 per day and $10 per gallon of stormwater discharge could potentially be imposed.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
2nd Amendment to SUA
Amendment to Amended & Restated Insp Agmt
Amended-Restated Insp Agmt
Insp Prog Indemnification
Resolution - San Pablo