HomeMy WebLinkAboutMINUTES - 04141998 - C17 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: APRIL 14, 1998
SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF ORINDA
FOR SPECIAL PROJECT TO EVALUATE SEPTIC SYSTEMS AS A SOURCE OF
POLLUTANTS IN STORMWATER
Project No. 9929-6X7080, ORINDA AREA
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
!. 0mmended AO+on:
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Joint Exercise
of Powers Agreement with the City of Orinda and the Contra Costa County Flood Control &Water
Conservation District on behalf of the Contra Costa Clean Water Program to evaluate whether
discharges from septic systems are a source of pollutants in stormwater.
" � r
Continued on Attachment:_X __SIGNATURE:
f
RECOMMENDATION OF COUNTY ADMINISTRATOR
_
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE
`..,OTHER
SIGNATURE(S):
ACTION OF BOARD ON APR 14 1998 APPROVED AS RECOMMENDED )<
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT Y }
AYES: NOES:
ABSENT: ABSTAIN: I hereby Certify that this is a true and correct
copy of an action talon and entered on the
Contact:Donald P.Freitas(925)313-2373 minutes of the Board of Supervisors on the
cc: County auditor-Collector date shown. APR 14 ffl
il
g:1...1NPDES1BO\Orinda Septic.wpd ATTESTED:
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
W
SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF QRINDA
FOR SPECIAL, PROJECT TO EVALUATE SEPTIC SYSTEMS AS A SOURCE OF
POLLUTANTS IN STORMWATER - Project No. 0929-6X7080, ORINDA AREA
Page -2-
Financial I
2-Financial / pact:
There will be no impact to General fund. This Joint Exercise of Powers Agreement is funded
from stormwater utility fees collected by the Contra Costa County Flood Control & Water
Conservation District on behalf of the Contra Costa Clean Water Program.
III. Reams for Remend°' io sand , a aro ,n :
The San Francisco Bay Regional Water Quality Control Board requires the Contra Costa
Clean Water Program, which is composed of nineteen (19) public agencies including Contra
Costa County, 17 of its incorporated cities and the Contra CostaCounty Flood Control &
Water Conservation District, to conduct special studies to determine the effectiveness of best
management practices (BMPs) for removing pollutants from discharges. Discharges from
septic systems have proven to be a source of pollutants. As part of the Joint Municipal
National Pollutant Discharge Elimination System (NPDES) Permit, public agencies are
constantly seeking effective BMPs that remove pollutants from stormwater in a cost-efficient
manner.
The City of Orinda will contract with a technical services consultant to conduct this study.
Septic systems are used for on-site sewage disposal in areas not served by sewage collection
and treatment systems. Septic system failures may result in the discharge of pollutants to
surface water and/or groundwater.
The purpose of this study is to identify septic systems that may threaten discharge to surface
water and/or groundwater, and to collect samples to determine if areas are impacted by non-
stormwater discharges by failing septic systems. The Contra Costa Clean Water Program will
fund this study through this agreement between the City of Orinda and the Contra Costa
County Flood Control & Water Conservation District
IV. Consequenc s of Neuativa Action:
The San Francisco Regional Water Quality Control Board may find the Contra Costa Clean
Water Program is not conducting special studies as required in its Joint Municipal NPDES
Permit. The Regional Board has the authority to fine the Contra Costa Clean Water Program
up to $10,000 per day and $10 per gallon of discharge for non-compliance with the Permit.
GAGrpData\NPDESNB0N0rinda Septicmpd
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
AND CITY OF ORINDA
FOR
SPECIAL STUDY REGARDING EVALUATION OF SEPTIC
SYSTEMS FOR DISCHARGES TO STORM DRAINAGE
FACILITIES IN CONTRA COSTA COUNTY
1.
Effective ,the CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California,hereinafter referred to as"DISTRICT,"and
the CITY OF ORINDA,a municipal corporation, hereinafter referred to as
"CITY,"pursuant to Government Code Section 6500 and following,mutually
agree and promise as follows:
2. Purause and Seo
of Work:
CITY is conducting a special study project,hereinafter referred as"PROJECT,"
to evaluate whether discharges from septic systems are a source of pollutants in
storm water. The study was approved by the nineteen public agencies of the
Contra Costa Clean Water Program,which includes seventeen cities,Contra
Costa County,and DISTRICT,and will be funded by stormwater utility
assessments levied by DISTRICT. The purpose of this Agreement is to apportion
PROJECT duties and costs between CITY and DISTRICT.
3. Methods:
CITY shall perform the following activities:
a. Act as lead agency and comply with all environmental requirements
pursuant to the California Environmental Quality Act.
b. Obtain all necessary permits for PROJECT.
C. Retain a qualified consultant approved by DISTRICT to conduct
PROJECT.
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d. Perform all necessary supervision and contract administration to ensure
that PROJECT work complies with this Agreement.
e. Maintain PROJECT record and document PROJECT expenses.
f. Bill DISTRICT for PROJECT tasks described in Exhibit"A."
g. Prepare and deliver to DISTRICT a written report of all receipts and
disbursements.
DISTRICT shalll perform the following activities:
a. Act as a responsible agency pursuant to the California Environmental
Quality Act.
b. Consult with CITY,as necessary,to enable PROJECT work to be
completed properly.
C. Reimburse CITY for PROJECT tasks described in Exhibit`°A"
4. Chances in Protect Work:
PROJECT work shall comply with acceptable engineering practicesand shall
include all of the tasks set forth in Exhibit"A." Any changes in PROJECT work
shall require the prior,written approval of DISTRICT.
5. Financial Respt Responsibilities:
DISTRICT shall reimburse CITY for all casts of PROJECT work,including
reasonable compensation for necessary review and contract administration
performed by CITY, as well as for all costs of any changes or extra work
requested or approved in writing by DISTRICT. PROJECT task breakdown and
the maximum costs that DISTRICT shall pay for the entire PROJECT are set
forth in attached Exhibit"A."
6. Insurance and Hold Harmless:
a. The contract documents for PROJECT shall include provisions requiring
the consultant to: (1)obtain and maintain in full force and effect during
PROJECT work, workers' compensation, public liability and property
damage insurance,in forms and limits of liability satisfactory to CITY
and DISTRICT,naming CITY and DISTRICT,their governing bodies,
officers, agents,and employees as additional insured; and(2)defend,
indemnify,save,and hold harmless employees as additional insured;and
(2)defend,indemnify, save, and hold harmless DISTRICT,its governing
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body,officers,agents,and employees from liability. The aforementioned
insurance policy shall contain an endorsement that the insurance afforded
thereby to the additional insureds shall be primary insurance to the full
limits of the policy, and consultant shall submit to CITY and DISTRICT
a certificate of insurance evidencing the required coverages and requiring
the carver to give at least 30 days written notice to CI'T'Y and
DISTRICT of any cancellation,non-renewal,or material modification of
the policy. CITY shall be responsible for ensuring that this requirement
has been met before allowing PROJECT work to proceed.
b. Neither DISTRICT nor any officer,agent,or employee thereof shall be
responsible for any damage or liability occurring by reasonof anything
done or omitted to be done by CITY in connection with any work
delegated to CITY under this AGREEMENT,and CITY shall defend,
indemnify,save,and hold harmless DISTRICT,its governing body,
officers, agents,and employees from the same.
C. Nothing in this AGREEMENT is intended or shall be construed to affect
the legal liability of either party to third parties by imposing any standard
of care greater than that imposed by law.
7. Restrictions:
Pursuant to Government Code Section 6509,the powers of the parties under this
AGREEMENT shall be subject to the restrictions on such powers applicable to
DISTRICT.
8. AffwMegnt Mcrditicstion:
This AGREEMENT shall be subject to modification only with the prior,written
consent of CITY and DISTRICT. Neither party shall unreasonable withhold its
consent to the implementation and accomplishment of the overall purpose for
which this AGREEMENT is made.
9. Agreement Expiration:
This AGREEMENT shall expire upon delivery of the report of receipts and
disbursements and payment of all funds specified herein,or on June 30, 1998
except for the provisions of Section 6b which shall survive expiration of this
AGREEMENT.
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CONTRA COSTA COUNTY CITY OF ORINDA
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
J
By: By:
Chair, B and of Su ervisors Sargent ittlehale ayor
ATFEST:_-- ?w 12,zATTEST: . - '
Phil Batchelor,Clerk of the Board Mary R. Edsworth,City Clerk
of Supervisors and County
Administrator
RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL
J. Michael Walford,Chief Engineer
By: By:
Chi nginee
ow
R3
By. By:
FORM APPROVED: FORM APPROVED:
Victor J.Westman,County Counsel
Linda C. Roodhouse,City Attorney
V
By: 1
Deputy t� 4 A
4
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EXHIBIT "A"
SPECIAL STUDY P.RO'POS'AL
EVALUATION OF SEPTIC SYSTEMS FOR DISCHARGES TO
STORM DRAINAGE FACILITIES IN CONTRA COSTA
COUNTY
SUBMITTED TO
THE CONTRA COSTA CLEAN WATER PROGRAM
BY
CITY OF ORINDA
January 17, 1997
INTRODUCTION
This scope of work describes a study to identify septic systems throughout the County
that are potentially contaminating surface water and to identify actual contamination from
septic systems in a portion of Orinda with a high septic system failure rate. This scope of
work follows the established methodology for septic system assessment.
BACKGROUND
Septic systems are used for on-site sewage disposal in areas not served by sewage
collection and treatment systems. Proper septic system function depends on site soil,
geologic, and topographic factors, proper design, and proper maintenance (e.g., solids
removal). Septic systems fail because they are:
1. Constructed at unsuitable sites.
2. Constructed prior to implementation of modern specifications.
3. Improperly maintained.
Septic system failure results in discharge of pollutants (e.g., pathogens, ammonia,
nutrients, detergents, etc.)to surface or groundwater, or both.
Failed and potentially failing septic systems which result in the discharge of contaminated
water to ground and surface water are within the scope of the Contra Costa Clean Water
Program (CCCWP). The NPDES permit issued to the CCCWP-prohibits discharge of
non-stormwater (see Discharge Prohibition Al), which would include failed septic system
leachate. Permit Finding 13a also establishes responsibility for controlling discharges of
non-stormwater to storm drainage facilities of the co-permittees.
STUDY SCOPE OVERVIEW
The scope of work consists of two primary components as follows:
County-wide Assessment. Existing information will be assembled and evaluated to
identify the location of septic systems in the County and which systems are at greatest risk
for contamination of ground and surface waters. Each co-permittee will be provided with
a report which describes the locations of septic systems within its jurisdiction, identifies
those systems that are potentially failing, and a description of management options to
address failing systems.
El Toyonal Assessment. The El Toyonal area of Orinda has several hundred septic
systems. The County Health Services Department has found the area to be,unsuitable for
septic and imposed a moratorium on additional septic system permits in July 1970. As
described in its October 17, 1996, letter to EBMIID, the Health Services Department has
assembled and evaluated existing information about the El Toyonal septic systems. The
County determined that systems are failing and discharge of non-stormwater may be
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contaminating surface water. As part of this scope of work, field samples will be collected
to determine if surface water contamination with non-stormwater is occurring. If so, the
Health Services Department may use its authority to require formation of an assessment
district to fund connection of El Toyonal homes to Central Contra Costa Sanitary District_
Failing septic systems would threaten the public health of those residing in the El Toyonal
area and other people in the East Bay, as El Toyonal is located in a watershed that
supplies drinking water to some of East Bay Municipal Utility District's (EBMUD's) i.1
million customers. Some pathogens from septic systems are not completely removed from
drinking water using conventional treatment.
The El Toyonal assessment will be conducted during winter when saturated soil conditions
and leachate from any failing septic systems would be most likely to reach',surface water.
Thus, this portion of the study needs to be conducted as soon as possible in 1997 or must
be deferred until the winter of 1997-98. EBMEJD intends to providewater quality
analytical laboratory services for the project. The methods used in the El Toyonal
assessment could be used later by co-permittees in other portions of the County to confirm
suspected surface water impacts from failing systems identified in the County-wide
Assessment.
TASK .DESCRIPTIONS
TASK 1 - COUNTY-WIDE SEPTIC SYSTEM ASSESSMENT
The purpose of this task is to identify septic systems in each co-permittee's jurisdiction
that may threaten discharge of non-stormwater. This task will assemble existing
information from the County Health Services Department, local sanitary service agencies
and other sources to identify the location of, and evaluate the potential for discharge of
septic systems leachate (a non-stormwater discharge) throughout the County.
Task 1.1 - Compile and Map Data
A mapping method shall be selected from among existing base map systems (GIS, CAD,
and analog). Mapping layers with the following information will be established:
• Population, with emphasis on rural residential
• Existing septic system information (location, age, lot size, percolation tests results,
upgrade, failure and repair records).
• Jurisdiction
• Sanitary sewer service
• Soil, geology, topography
• Natural drainage, waterways, groundwater depth
Information shall be collected from existing data sources and from field visits.
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Task 1.2- Evaluate Septic System Data
Criteria shall be developed to evaluate septic systems identified in Task 1.1 for their
potential to contaminate surface and groundwater. Criteria are expected to be based on
site physical characteristics such as slope, soiUgeology, proximity to surface water.
Criteria shall be applied to the information developed in Task 1.1 and areas with septic
systems that may be contaminating surface or groundwater shall be identified. A list of
options that CCCWP co-permittees can employ to further evaluate and, if appropriate,
remediate failed septic systems shall be identified.
A report draft shall be prepared summarizing the Task 1 evaluation and 5 copies provided
to the City of Orinda within four months of receiving notice to proceed on Task 1. The
City of Orinda will provide comments on the draft report within two weeks of receiving
the draft report, and 25 copies of a final report that is responsive to City comments shall
be submitted within 4 weeks of receiving comments on the draft report from the City.
TASK 2 - EL TOYONAL SEPTIC SYSTEM ASSESSMENT
The El Toyonal area of Orinda has been evaluated by the County Health Services
Department, and it found a high potential for surface water contamination and public
health impacts. The El Toyonal area is steep and traversed by many small creeks (i.e., well
drained), so septic system failures would not necessarily be evident to homeowners and
surface water (not groundwater) would likely be affected by any failing system. Task 2
would determine if the septic systems in the El Toyonal area of Orinda are a source of
surface water contamination.
Task 2.1 -Assemble and Evaluate Existing Information
The results of the County's septic system evaluation (summarized in a October 17, 1996
letter to EBMCTD), water quality field studies (see 1989 and 1992 reports by EBMUD)
and EBNIUD's 1996 Watershed Sanitary Survey and other pertinent information shall be
reviewed.
Task 2.2- Develop Field Sampling Plan
Sampling locations will be selected to control for the impacts of development and open
space. Sampling locations will be selected from among the following as needed to achieve
project objectives:
1. A residential catchment served exclusively or primarily by septic systems.
2. A residential catchment served exclusively or primarily by sewer with no known
overflows or breaks.
3. Open space, such that which may also be tributary to the septic-served catchment
selected in one above.
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a
Sampling locations shall be selected consistent with project objectives, safety, and legal
access considerations.
'hater quality constituent(s) will be selected for analysis consistent with project objectives.
Constituents that may be considered include(but are not limited to) the following:
I. Soluble indicators unique to household sewage, such as alkylbenzenes from laundry
detergents.
2. Indicators that will be present at higher concentrations in septic-contaminated surface
waters, such as coliform bacteria.
3. A constituent that is not naturally present in household sewage nor ambient waters,
but which would be added (spiked) into septic systems of volunteers, such as a
bromide salt. This approach has the potential for low analytical cost, but is dependent
on cooperation of homeowners. Securing the cooperation of the homeowner is the
responsibility of the contractor, but shalt be done in consultation with City of Orinda
staff.
The number of samples shall be determined and collected such that septic system impacts
can be statistically distinguished from background conditions. The number of samples
necessary for such statistical rigor will depend on the constituent selected, background
concentration, the concentration in any septic-influenced sample, and 'concentration
variability.
The sampling plan should determine the appropriate time for sample collection. Depending
on site conditions, sample collection may be appropriate several days after a storm in mid-
winter when soils are saturated and wastewater from any failing septic systems would be
most likely to reach surface water. This strategy avoids the confounding effect of surface
runoff and dilution that would occur during a storm. Sampling during storm'rundff events
may be needed i f site assessment indicates that failure is caused by such excessive septic
system inflow and cross-connection with storm drainage facilities.
The sampling plan shall include a QA/QC element. The sampling plan shall', be reviewed
and approved by the City of Orinda prior to collection of field samples.
Task 2.3- Collect and Evaluate Field Data
The approved sampling plan shall be implemented. Field data shall be evaluated for
evidence of septic contamination.
A report draft shall be prepared summarizing the Task 2 evaluation and 5 copies provided
to the City of Orinda within five months of receiving notice to proceed on Task 2. The
City of Orinda will provide comments on the draft report within two weeks, of receiving
the draft report, and 25 copies of a final report that is responsive to City comments shall
be submitted within 4 weeks of receiving comments on the draft report from the City.
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COST
The following table summarizes labor and cost by subtask.
Task Description Labor Hours Cost
1.1 Compile and Map Data 200 $18,000
1.2 Evaluate Septic System Data 80 $7,000
Total 280 $25,000
2.1 Assemble and Evaluate Existing Information 60 $6,000
2.2 Develop Field Sampling Plan 40 $4,000
2.3 Collect and Evaluate Field Data 180 $15,000
Total 280 $25,000
GRAAID TOTAL 560 $50,000
The cost estimate is based on the assumption that EBMUD will provide analytical
services.
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