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; Recycled Water Master Plan 2012 Appendix A, B, C,; Recycled Water Master Plan 2012 Appendix A, B, C, D, E; 2012-01-12
January 2012 A-1 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix A.doc Appendix A REFERENCES (Boyle, 2004) Boyle Engineering, Northwest Quadrant Recycled Water Study – prepared for Olivenhain Municipal Water District, June 2004. (CDM, 1993) Camp Dresser and McKee, Inc., Vista Irrigation District Water Reclamation Master Plan, November 1993. (CDM, 1997) Camp Dresser and McKee, Inc., North County Water Reclamation Project Phase II Master Plan, April 1997. (CDPH, 2008) California Department of Public Health, Draft Groundwater Recharge Reuse Regulations, August 2008. (CDPH, 2009a) California Department of Public Health, http://www.cdph.ca.gov/ healthinfo/environhealth/water/Pages/Waterrecycling.aspx, Accessed 2009. (CDPH, 2009b) California Department of Public Health, http://www.cdph.ca.gov/ certlic/drinkingwater/Pages/Lawbook.aspx, Accessed 2009. (CPC, 2007) California Plumbing Code, Chapter 6 Water Supply and Distribution, 2007. (Carlsbad, 2004) Carlsbad Municipal Water District (CMWD). Phase II Recycled Water Project Implementation Plan. April 2004. (Carlsbad, 2008) City of Carlsbad. Mahr Reservoir Improvements: Operations and Maintenance Manual. 23 October 2008. (CMWD, 2000) Carlsbad Municipal Water District. Recycled Water Program Expansion. 2000. (CMWD, 2008) Carlsbad Municipal Water District, Engineering Standards, Volume II Potable and Recycled Water Standards, Revised 30 June 2008. [Available in Appendix G] (CMWD, 2005) Carlsbad Municipal Water District (CMWD). 2005 Urban Water Management Plan. Approved 13 December 2005. (CMWD, 2005b) Carlsbad Municipal Water District (CMWD). Ordinance 43. “An Ordinance of the Board of Directors of Carlsbad Municipal Water District (CMWD), Carlsbad, California, Mandating Use of Recycled Water and Rescinding Ordinance No.31”. Adopted 21 June 2005. [Available in Appendix E] A-2 January 2012 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix A.doc (CMWD/EWA, 2005) Carlsbad Municipal Water District and Encina Wastewater Authority. Memorandum of Understanding for the Operation and Maintenance of the Carlsbad Municipal Water District Water Recycling Facility. May 1, 2005. (CMWD, 2006) Carlsbad Municipal Water District (CMWD). Lake Calavera Annual Management and Daily Operations Plan. March 2006. (CMWD, 2010) Carlsbad Municipal Water District (CMWD). Historical Seasonal Recycled Water Use. Spreadsheet of monthly demands for January 1993 to December 2009. Received January 2010. (CMWD, 2011) Carlsbad Municipal Water District (CMWD). Reclaimed Water Development Fund. Annual reports of monthly recycled water supply and demand for FY0203, FY0506, FY0607, FY0708, FY0809, and calendar year 2010. Received 1 September 2009 and 23 March 2011. (CMWD/LCWD, 1991)Carlsbad Municipal Water District and Leucadia County Water District. Agreement for Sale of Recycled Water to the City of Carlsbad by the Leucadia County Water District. Revised 7 March 1991. (Carollo, 1997) Carollo Engineers. Carlsbad Municipal Water District: Master Plan Update Volume IV: Reclaimed Water, October 1997. (CGvL, 2003) Cathcart, Garcia, von Langen (CGvL). Mahr Reservoir Remedial Improvements: Draft 30 Percent Design Report. October 2003. (Dudek, 2003) Dudek and Associates, Inc. City of Carlsbad Sewer Master Plan Update. March 2003. (DEH, 2001) County of San Diego Department of Environmental Health, Recycled Water Plan Check and Inspection Manual, 2001 Edition. (EJPA, 2009) Encina Joint Powers Authority. Daily Flow Monitoring, Monthly Monitoring Report, Quarterly Monitoring Report, and Annual Effluent Monitoring. Meadowlark WRF (1998 to 2009), Carlsbad WRF (2005 to 2009), and Gafner WRP (2008 and 2009, for Gafner, only Quarterly and Annual Reports). Spreadsheet format. Received October 2009. (JPA, 2000) John Powell and Associates, Inc. (JPA). Encina Basin Recycled Water Distribution System Study. CMWD No. 98-301. May 2000. (KJ, 2005) Kennedy/Jenks Consultants (KJ). Vallecitos Water District 2002 Water, Wastewater, and Water Reclamation Master Plan Update. June 2005. (MWDSC) Metropolitan Water District of Southern California (MWDSC). Encina Basin Water Reclamation Projects Phase I and II. January 2012 A-3 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix A.doc (MWH, 2001) Montgomery Watson Harza (MWH). Carlsbad Water Recycling Facility Influent Pumping and Equalization Preliminary Design Report. September 2004. (RWQCB, 1993) Regional Water Quality Control Board – San Diego Region, Addendum No. 1 to Order No. 93-23, Vallecitos Water District – Meadowlark Water Reclamation Plant, 1993. (RWQCB, 2001) Regional Water Quality Control Board – San Diego Region, Order No. 2001-352, Master Reclamation Permit with Discharge Requirements for the Production and Purveyance of Recycled Water for Carlsbad Municipal Water District – Carlsbad Water Recycling Facility, 2001. (RWQCB, 2004) Regional Water Quality Control Board – San Diego Region, Order No. R9-2004-0223, Waste Discharge Requirements for Leucadia Wastewater District – Forest R. Gafner Water Reclamation Plant, 2004. (SWRCB, 2009) State Water Resources Control Board. Recycled Water Policy. Resolution Number 2009-0011. Approved 14 May 2009. (SWRCB, 2010) State Water Resources Control Board. Monitoring Strategies for Chemicals of Emerging Concern (CECs) in Recycled Water: Recommendations of a Science Advisory Panel. Final Report. 25 June 2010. (USGS, 2010) United States Geological Society, “National Elevation Dataset 1/3 arc second for USGS Quad N34W118”. August 2010. [http://gisdata.usgs .gov/webappcontent/neddownloadtool/NEDDownloadToolDMS.html]. (VWD/CMWD, 2003) Carlsbad Municipal Water District and Vallecitos Water District. Agreement for Sale of Recycled Water and Use of Mahr Reservoir Between the Vallecitos Water District and the Carlsbad Municipal Water District. 20 August 2003. (VWD/CMWD, 2004) Carlsbad Municipal Water District and Vallecitos Water District. Agreement Between the City of Carlsbad, Carlsbad Municipal Water District, and the Vallecitos Water District for the Construction and Reconstruction of Recycled Water Lines and Related Structures, Rancho Santa Fe Road North, Phase 1, Project Nos. 3190 and 3887. 19 February 2004. (WRCC, 2010) Western Regional Climate Center, “Monthly Climate Summary for Oceanside Marina, California (Station Number 046377)”. Period of Record 1 October 2009 through 13 December 2010. http://www.wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca6377, Accessed 23 April 2010. A-4 January 2012 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix A.doc References: GIS Layers Layer Name [Original Filename] Description Date Modified (or Received) Source Streets-Centerlines.shp [CB_All_Roads] Street centerlines 8/3/2009 City Elev-Contour-2_ft-2005.shp [CB_Contour2005_2FT] 2-foot elevation contours (polyline) 2005 City Boundary-City.shp [CB_MUNICIPAL_BOUNDARY] City boundary 8/3/2009 City Parcels.shp [CB_Parcels_SanGIS] Parcels within City 8/3/2009 City Planning-Zoning.shp [CB_PLANNING_ZONING] Zoning within City 8/3/2009 City Boundary-Water_Districts.shp [CB_Water_Districts] Water Retailer Jurisdictional Boundaries within City 8/3/2009 City Boundary-Sewer_Districts.shp [CB_Sewer_Districts] Sewer Agency Jurisdictional Boundaries within City 8/3/2009 City CB_WaterBodies Bodies of water within City 8/3/2009 City dem2005 Digital elevation model 2005 City Planning-Land_Use.shp [LandUse_2008_SanDAG] Land use designations within City 2008 City USGS_RiverStream Bodies of water within City 8/3/2009 City Parcel-CA-San_Diego-Carlsbad_Region.shp Parcels for areas outside City 2007 SanGIS Aerial-1_ft-2008.sid Aerial photograph of City 2008 City Carlsbad_Meters_carollo_ 9_1_09.shp CMWD water meters 9/1/2009 City Carlsbad_Mains_Carollo_ 9_15_09.shp CMWD pipelines 9/15/2009 City DevelopableLand.shp Potential new developments 6/14/2010 City [SANDAG] Subdivision.shp Housing subdivisions within San Diego County October 2009 SanGIS Elev_NED_N34W118.tif (USGS, 2010) 1/3 arc second NED Raster for USGS Quad N34W118 8/12/2010 USGS January 2012 B-1 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix_B.doc Appendix B CARLSBAD SUPPLY ALTERNATIVE COST ESTIMATES This appendix includes cost estimates developed for the relevant treatment facilities evaluated in this study. This appendix consists of two parts. • Part 1 consists of the treatment cost estimates developed for the supply alternatives in Chapter 4 (based on build-out demands). • Part 2 consists of the treatment cost estimates for the two phases of expansion included in the CIP described in Chapters 9 and 10 The cost estimate herein is based on our perception of current conditions at the project location. This estimate reflects our professional opinion of accurate costs at this time and is subject to change as the project design matures. Carollo Engineers has no control over variances in the cost of labor, materials, equipment, services provided by others, contractor’s methods of determining prices, competitive bidding or market conditions, practices or bidding strategies. Carollo Engineers cannot and does not warrant or guarantee that proposals, bids or actual construction costs will not vary from the costs presented herein. Appendix B – Part 1 Carlsbad Supply Costs May 2011 ENR 9035 Location Factor (Carlsbad) 1.040 Alternative 1 ‐ 6.25 mgd Carlsbad WRF Expansion Flow 12 mgd For Conventional NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $754,500 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 6.3‐mgd $1,397,750 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 6.3‐mgd $2,073,084 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $804,800 TOTAL DIRECT COST $5,030,000 GENERAL CONDITIONS $503,000 SUBTOTAL $5,530,000 CONTINGENCY $1,106,000 SUBTOTAL $6,640,000 GENERAL CONTRACTOR OH&P $550,000 SUBTOTAL $7,190,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $7,190,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$7,190,000 PIPELINE unit ($ per ft)$120 8‐in diam; 1,500 ft $180,000 PUMP STATION unit ($ per hp)$6,000 2‐75 hp (0.75 mgd) $900,000 SUBTOTAL $1,080,000 CONTINGENCY $216,000 SUBTOTAL $1,300,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$1,300,000 TOTAL ESTIMATED CONSTRUCTION COST $8,490,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $2,334,750 TOTAL ESTIMATED PROJECT COST $10,800,000 Capital Payment at 30 years and 6-percent interest ($784,608) annual demands added by expansion 4,098 Cost/AF ($191) 10% 20% 10% 20% 27.5% Carlsbad Supply Costs May 2011 ENR 9035 Alternative 2 ‐ 5.75 mgd Carlsbad Expansion (OMWD connects to CMWD System) Flow 12 mgd NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost 711750 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 5.8‐mgd $1,318,502 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 5.8‐mgd $1,955,548 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $759,200 TOTAL DIRECT COST $4,745,000 GENERAL CONDITIONS $474,500 SUBTOTAL $5,220,000 CONTINGENCY $1,044,000 SUBTOTAL $6,260,000 GENERAL CONTRACTOR OH&P $520,000 SUBTOTAL $6,780,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $6,780,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$6,780,000 Increased Pipeline Cost (16-inch diam instead of 12-inch diam)$770,000 PIPELINE unit ($ per ft)$120 8‐in diam; 1,500 ft $180,000 PUMP STATION unit ($ per hp)$6,000 2‐75 hp (0.75 mgd) $900,000 2 Booster Pumping Stations in OMWD's System $3,540,000 SUBTOTAL $5,390,000 CONTINGENCY $1,078,000 SUBTOTAL $6,470,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$6,470,000 TOTAL ESTIMATED CONSTRUCTION COST $13,250,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $3,643,750 TOTAL ESTIMATED PROJECT COST $16,900,000 Capital Payment at 30 years and 6-percent interest ($1,227,767) annual demands added by expansion 4,098 Cost/AF ($300) 10% 20% 10% 20% 28% Carlsbad Supply Costs May 2011 ENR 9035 Alternative 3 ‐ 3 mgd Gafner WRP Expansion & 3 mgd Carlsbad WRF Expansion Flow 3 mgd NO. Gafner WRP New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost $470,700 15% of direct cost $470,700 13 EFFLUENT PUMPING 5‐mgd $1,041,368 3.4‐mgd $902,465 11 CHLORINE CONTACT BASINS 2 CCBs similar $1,590,644 1 CCB $1,262,840 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost $502,080 16% of direct cost $502,080 Gafner WRP TOTAL DIRECT COST $3,138,000 GENERAL CONDITIONS $313,800 SUBTOTAL $3,450,000 CONTINGENCY $690,000 SUBTOTAL $4,140,000 GENERAL CONTRACTOR OH&P $350,000 SUBTOTAL $4,490,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $4,140,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - GWRF EXP.$4,140,000 Increased Pipeline Cost (16-inch diam instead of 12-inch diam)$700,000 PIPELINE unit ($ per ft)$290 16‐in diam; 1,500 ft $435,000 Replace Failsafe Line to Gafner WRP $7,337,000 SUBTOTAL $8,470,000 CONTINGENCY $1,694,000 SUBTOTAL $10,160,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$10,160,000 TOTAL ESTIMATED CONSTRUCTION COST $14,300,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $3,932,500 ESTIMATED PROJECT COSTS - NON RO $18,200,000 Gafner MF/RO Treatment Costs 3 2.5 mgd $31,378,148 3 mgd $35,649,561 TOTAL ESTIMATED PROJECT COSTS $53,800,000 Capital Payment at 30 years and 6-percent interest ($3,908,511) 3‐mgd in afy 3,360 Cost/AF ($1,163) Flow 9 mgd 10% 20% 10% 28% 20% Carlsbad Supply Costs May 2011 ENR 9035 NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost $451,350 15% of direct cost $451,350 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 3.0‐mgd $836,177 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 3.0‐mgd $1,240,183 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost $481,440 16% of direct cost $481,440 Carlsbad WRF TOTAL DIRECT COST $3,009,000 GENERAL CONDITIONS $300,900 SUBTOTAL $3,310,000 CONTINGENCY $662,000 SUBTOTAL $3,970,000 GENERAL CONTRACTOR OH&P $330,000 SUBTOTAL $4,300,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $4,300,000 TOTAL ESTIMATED CONSTRUCTION COST $4,300,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $1,182,500 TOTAL ESTIMATED PROJECT COSTS $19,800,000 Capital Payment at 30 years and 6-percent interest ($1,438,448) 2‐mgd in afy 3,360 Cost/AF ($428) TOTAL ESTIMATED PROJECT COSTS - BOTH PLANTS $73,600,000 Capital Payment at 30 years and 6-percent interest ($5,346,960) annual demands added by expansion 4,098 Cost/AF ($1,305) 28% 20% 10% 10% Flow 2.5 ESTIMATE CLASS:2 PROJECT SUMMARY PIC:GFC PM:MSB DATE :January 22, 2010 BY :MSB ELEMENT : MF-RO (2.5 mgd) REVIEWED: NO. DESCRIPTION TOTAL 1 GENERAL CONDITIONS 10% $1,301,782 2 SITEWORK AND YARD PIPING 5% $650,891 3 MICRO FILTRATION $4,792,800 4 REVERSE OSMOSIS $3,223,908 5 DISINFECTION $1,095,765 6 ELECTRICAL 10% $1,301,782 7 INSTRUMENTATION & CONTROL 5% $650,891 TOTAL DIRECT COST $13,017,819 CONTINGENCY 25.0% $3,254,455 SUBTOTAL $16,272,274 GENERAL CONTRACTOR OVERHEAD, PROFIT & RISK 10.0% $1,627,227 SUBTOTAL $17,899,501 PROJECT : MF/RO Estimate CMWD LOCATION : Carlsbad, CA SU O $ ,899,50 ESCALATION TO MID-POINT (3% for 6 years) 19.4% $3,473,439 SUBTOTAL $21,372,940 SALES TAX (Based on 8.75% ) 8.8% $1,870,132 SUBTOTAL $23,243,073 BID MARKET ALLOWANCE 0.0% $0 TOTAL ESTIMATED CONSTRUCTION COST $36,260,892 $23,243,073 ENGINEERING, LEGAL & ADMIN. FEES 30.0% $6,972,922 OWNER'S RESERVE FOR CHANGE ORDERS 5.0% $1,162,154 TOTAL ESTIMATED PROJECT COST $31,378,148 The cost estimate herein is based on our perception of current conditions at the project location.This estimate reflects our professional opinion of accurate costs at this time and is subject to change as the project design matures. Carollo Engineers has no control over variances in the cost of labor, materials, equipment, services provided by others, contractor’s methods of determining prices, competitive bidding or market conditions, practices or bidding strategies. Carollo Engineers cannot and does not warrant or guarantee that proposals, bids or actual construction costs will not vary from the costs presented herein. f/n: Appendix_B‐Carlsbad_Treatment_Costs.xlsx‐Appendix B ‐ (MFRO)‐Summary Page 1 of 1 Form Rev: 2007Aug Carlsbad Supply Costs May 2011 ENR 9035 Alternative 4 ‐ 7 mgd Carlsbad WRF Expansion and Abandon Gafner WTP Flow 13 mgd NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $816,900 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 7.0‐mgd $1,513,150 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 7.0‐mgd $2,244,242 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $871,360 TOTAL DIRECT COST $5,446,000 GENERAL CONDITIONS $544,600 SUBTOTAL $5,990,000 CONTINGENCY $1,198,000 SUBTOTAL $7,190,000 GENERAL CONTRACTOR OH&P $600,000 SUBTOTAL $7,790,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $7,790,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$7,790,000 PIPELINE unit ($ per ft)$120 8‐in diam; 1,500 ft $180,000 SUBTOTAL $180,000 CONTINGENCY $36,000 SUBTOTAL $220,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$220,000 TOTAL ESTIMATED CONSTRUCTION COST $8,010,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $2,202,750 TOTAL ESTIMATED PROJECT COST $10,200,000 Capital Payment at 30 years and 6-percent interest ($741,019) annual demands added by expansion 4,098 Cost/AF ($181) 10% 28% 10% 20% 20% Carlsbad Supply Costs May 2011 ENR 9035 Alternative 5 ‐ 5 mgd CWRF Expansion & 1 mgd plant at the Calavera Res. Flow 11 mgd NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $645,415 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 5.0‐mgd $1,195,618 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 5.0‐mgd $1,773,291 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $688,443 TOTAL DIRECT COST $4,302,766 GENERAL CONDITIONS $430,276.61 SUBTOTAL $4,730,000 CONTINGENCY $946,000 SUBTOTAL $5,680,000 GENERAL CONTRACTOR OH&P $470,000 SUBTOTAL $6,150,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $6,150,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$6,150,000 PIPELINE unit ($ per ft)$120 8‐in diam; 1,500 ft $180,000 PUMP STATION unit ($ per hp)$6,000 2‐75 hp (0.75 mgd) $900,000 SUBTOTAL $1,080,000 CONTINGENCY $216,000 SUBTOTAL $1,300,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$1,300,000 TOTAL ESTIMATED CONSTRUCTION COST $7,450,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $2,048,750 TOTAL ESTIMATED PROJECT COST $9,500,000 Capital Payment at 30 years and 6-percent interest ($690,165) 4‐mgd in afy 4,481 Cost/AF ($154) Calavera Res. Stormwtr Treatment Costs 1 mgd Conventional Water Treatment 1.0 mgd $8,500,000 1 mgd $8,697,763 Transmission Main 8‐inch for 4000 ft $731,520 TOTAL ESTIMATED PROJECT COST $9,400,000 Capital Payment at 30 years and 6-percent interest ($682,900) 1‐mgd in afy 1,120 Cost/AF ($610) TOTAL ESTIMATED PROJECT COST $18,900,000 Capital Payment at 30 years and 6-percent interest ($1,373,064) annual demands added by expansion 4,098 Cost/AF ($335) 10% 20% 10% 28% 20% Carlsbad Supply Costs May 2011 ENR 9035 Alternative 6 ‐ 5.75 mgd CWRF Expansion & 1 mgd from Shadowridge. Flow 11.7 mgd NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $711,750 10 TERTIARY FILTERS 7.5‐mgd (1600 ft2)$1,054,555 5.8‐mgd $1,318,502 11 CHLORINE CONTACT BASINS 2 CCBs (5‐mgd) $1,590,644 5.8‐mgd $1,955,548 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $759,200 TOTAL DIRECT COST $4,745,000 GENERAL CONDITIONS 10%$474,500.01 SUBTOTAL $5,220,000 CONTINGENCY 20%$1,044,000 SUBTOTAL $6,260,000 GENERAL CONTRACTOR OH&P 10%$520,000 SUBTOTAL $6,780,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $6,780,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$6,780,000 PIPELINE unit ($ per ft)$120 8‐in diam; 1,500 ft $180,000 PUMP STATION unit ($ per hp)$6,000 2‐75 hp (0.75 mgd) $900,000 SUBTOTAL $1,080,000 CONTINGENCY $216,000 SUBTOTAL $1,300,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$1,300,000 TOTAL ESTIMATED CONSTRUCTION COST $8,080,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT 28%$2,222,000 TOTAL ESTIMATED PROJECT COST - CARLSBAD WRF $10,300,000 Capital Payment at 30 years and 6-percent interest ($748,284) 5‐mgd in afy 5,601 Cost/AF ($134) Shadowridge Reactivation Costs 11 From Draft VID Report 1 mgd $12,300,000 Conveyance $190,000 TOTAL ESTIMATED PROJECT COST - SHADOWRIDGE WRF $12,490,000 Capital Payment at 30 years and 6-percent interest ($907,385) 0.7‐mgd in afy 368 Cost/AF ($2,469) TOTAL ESTIMATED PROJECT COST $22,800,000 Capital Payment at 30 years and 6-percent interest ($1,656,395) annual demands added by expansion 4,098 Cost/AF ($404) 20% Appendix B – Part 2 Carlsbad Supply Costs May 2011 ENR 9035 Location Factor (Carlsbad) 1.040 Phase III 4 mgd Carlsbad WRF Expansion Flow 5 mgd No. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $552,150 10 TERTIARY FILTERS 7.5-mgd (1,600 ft2)$1,054,555 4.0-mgd $1,022,717 11 CHLORINE CONTACT BASINS 2 CCBs (5-mgd) $1,590,644 4.0-mgd $1,516,851 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $588,960 TOTAL DIRECT COST $3,681,000 GENERAL CONDITIONS $368,100 SUBTOTAL $4,050,000 CONTINGENCY $810,000 SUBTOTAL $4,860,000 GENERAL CONTRACTOR OH&P $410,000 SUBTOTAL $5,270,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $5,270,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - CWRF EXP.$5,270,000 PIPELINE unit ($ per ft) $120 8-in diam; 1,500 ft $180,000 SUBTOTAL $180,000 CONTINGENCY $36,000 SUBTOTAL $220,000 SUBTOTAL ESTIMATED CONSTRUCTION COST - INF.$220,000 TOTAL ESTIMATED CONSTRUCTION COST $5,490,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $1,509,750 TOTAL ESTIMATED PROJECT COST $7,000,000 Build Out 3 mgd Carlsbad WRF Expansion Flow 3 mgd NO. Carlsbad WRF New Facilities Reference Criteria Reference Cost Proposed Criteria May 2011 Estimate 1 YARDWORK/REMOVALS/DEMOLITION 15% of direct cost 15% of direct cost $451,350 10 TERTIARY FILTERS 7.5-mgd (1,600 ft2)$1,054,555 3.0-mgd $836,177 11 CHLORINE CONTACT BASINS 2 CCBs (5-mgd) $1,590,644 3.0-mgd $1,240,183 20 ELECTRICAL AND INSTRUMENTATION 16% of direct cost 16% of direct cost $481,440 TOTAL DIRECT COST $3,009,000 GENERAL CONDITIONS $300,900 SUBTOTAL $3,310,000 CONTINGENCY $662,000 SUBTOTAL $3,970,000 GENERAL CONTRACTOR OH&P $330,000 SUBTOTAL $4,300,000 SALES TAX ON MATERIALS (7.75%) INCLUDED IN DIRECT COSTS SUBTOTAL $4,300,000 TOTAL ESTIMATED CONSTRUCTION COST $4,300,000 ENGIN., LEGAL, ADMIN. AND CONSTR. MANAGEMENT $1,182,500 TOTAL ESTIMATED PROJECT COST $5,500,000 10% 10% 20% 10% 28% 20% 10% 28% 20% January 2012 C-1 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix_C.doc Appendix C CUSTOMER DATABASE Appendix C ‐ Potential Users from Potable Water Customer DatabaseRecycled Water Master Plan UpdateCarlsbad Municipal Water DistrictMap ID (1)Customer Name Type SPF PurveyorExpansion Alignment ZoneIncluded in Ultimate System Commentgpm afy mgd SPF No. AddressC001 OMWD Customers (Gafner WRP or from Carlsbad WRF via El Camino) Landscape Irrigation 310.0 500.0 0.45 1.4 OMWD 8 384 YLower ZonesC002 NRC West Coast LLC / Cabrillo Power Industrial 440.8 711.0 0.63 1.3 4900 BLK CARLSBAD BL CMWD 2 384 YNRC West Coast LLC / Cabrillo PowerC003 Shadowridge Golf Course Golf Courses 277.8 448.1 0.40 1.7 1980 GATEWAY DR VID 4A 550 YC004 KSL Resorts: La Costa Resort (Group) Resort Property Irrigat12.4 20.0 0.02 1.7 2100 COSTA DEL MAR RD CMWD 8 384 YLa Costa Golf Course / ResortC005 Robertson's Ranch - West Village (Phase 2) HOA 73.3 118.3 0.11 1.7 Dev 5 384 YRobertson's Ranch - West Village (Phase 2)C008 Rancho Carlsbad MHP HOA 21.7 35.0 0.03 1.7 CMWD 3 384 Yaka Rancho Carlsbad HOA; Drawings provided by District.C009 Robertson's Ranch - East Village (Phase 1) HOA 40.8 65.8 0.06 1.7 Dev Near Existing 550 YRobertson's Ranch - East Village (Phase 1)C010 Tamarack Point HOA HOA 26.0 42.0 0.04 1.7 TAMARACK AVE & PONTIACCMWD 5 384 YExisting HOA; demand reduced to 42 afy per EKC012 Rancho Carlsbad Golf Course (Executive Course) Golf Courses 31.2 50.3 0.04 1.7 5200 EL CAMINO REAL CMWD 14 384 YRancho Carlsbad Golf Course (Executive Sized Golf Course)C013 Invitrogen (Life Technologies) Commercial Cooling 11.2 18.0 0.02 1.7 5781 VAN ALLEN WY CMWD Near Existing 550 YLife TechnologiesC014 San Pacifico HOA HOA 25.7 41.5 0.04 1.7 CMWD 9 318 YAlready plumbed for irrigation demandC017 Alta Mira HOA HOA 8.1 13.0 0.01 1.7 CMWD Near Existing 550 YAlta Mira HOA; Would Require 5 Miles of CurbingC018 Valley Middle School (Carlsbad Unified School) Schools 10.5 17.0 0.02 1.7 CMWD 12 384 YValley Middle SchoolC020 Carlsbad Property Inc (Group) Commercial Property 12.2 19.7 0.02 1.7 800 PALOMAR AIRPORT RD CMWD 13 384 YCarlsbad Property IncC021 Pan Pacific Retail Prop Inc Commercial Property 12.1 19.5 0.02 1.7 1850 MARRON RD CMWD 5 384 YPan Pacific Retail Prop IncC023 William L Canepa Resort Property Irrigat5.0 8.0 0.01 1.7 6450 CARLSBAD BL CMWD 2 384 YFuture HotelC025 Army and Navy Academy (includes Maxton Brown Park) Schools 11.0 17.8 0.02 1.7 2605 CARLSBAD BL CMWD 11 384 YArmy and Navy AcademyC026 Camino Hills HOA HOA 11.0 17.8 0.02 1.7 5427 BROWNING RD CMWD 3 384 YCamino Hills HOAC027 Full Range Prty LLC (Carlsbad Golf Center) Commercial Property 10.8 17.5 0.02 1.7 2711 HAYMAR DR CMWD 5 384 YFull Range Prty LLC (Carlsbad Golf Center)C028 The Village Apartments Commercial Property 5.4 8.7 0.01 1.7 3601 ROOSEVELT ST CMWD 11 384 YThe Village Apts #20975C029 Plaza Camino Real Commercial Property 15.9 25.6 0.02 1.7 2525 EL CAMINO REAL CMWD 5 384 YPlaza Camino RealC032 OVLC Management Co. DBA / KSL (was Olympic Hotel / PAC) Commercial Property 9.3 15.0 0.01 1.7 CMWD Near Existing 550 YConstruction taking place, per planning KSL Resorts; no timeline.C033 Motel 6 - Site 000471 Commercial Property 9.2 14.9 0.01 1.7 750 RAINTREE DR CMWD Near Existing 550 YMotel 6 - Site 000471C034 City Of Carlsbad Parks Parks 9.2 14.9 0.01 1.7 CMWD 5 384 YParkC035 Senior Center Field (City of Carlsbad Parks) Commercial Property 2.1 3.4 < 0.01 1.7 801 PINE AV CMWD 11 384 Y2 Existing MetersC037 Hope Elementary School (Group) Schools 8.2 13.3 0.01 1.7 CMWD 5 384 YHope Elementary SchoolC038 Ponto Hotel Resort Property Irrigat8.0 13.0 0.01 1.7 Dev 9 318 YBased on 8 acres (based on aerial)C039 Palomar Triad #520 Commercial Property 7.9 12.8 0.01 1.7 2011 PALOMAR AIRPORT RD CMWD 1 550 YC040 Kelly Elementary School (Group) Schools 6.5 10.5 0.01 1.7 CMWD 5 384 YKelly Elementary SchoolC041 Carlsbad High School (Group) Schools 6.3 10.1 0.01 1.7 CMWD 12 384 Y10 Potable Mt; Assd only 2007 Irrig; 180' to 208'C042 La Costa Meadows Elementary School Schools 6.0 9.7 0.01 1.7 6889 EL FUERTE ST VWD 6 742 YSchoolC043 Brierly Field (City Of Carlsbad Parks) Parks 6.0 9.6 0.01 1.7 CMWD 11 384 YParkC044 Existing Landscape Meters near Impala Dr and Palmer Wy Commercial Property 19.2 31.0 0.03 1.7 CMWD 18 550 Y17 Existing MetersC045 Holiday Park (City Of Carlsbad Parks) Parks 5.8 9.3 0.01 1.7 CMWD 11 384 YParkC046 Holiday Park (City Of Carlsbad Parks) Parks 5.3 8.5 0.01 1.7 CMWD 11 384 YParkC047 Chase Field (City Of Carlsbad Parks) Parks 5.1 8.3 0.01 1.7 CMWD 11 384 YParkC049 Equity Growth Invest Commercial Property 4.9 7.9 0.01 1.7 2225 CAMINO VIDA ROBLE CMWD 1 550 YC050 Carlsbad Commercial Center Commercial Property 4.8 7.8 0.01 1.7 5122 AVENIDA ENCINAS CMWD 2 384 YC051 City Of Carlsbad Parks Schools 4.5 7.3 0.01 1.7 1301 LAS FLORES CMWD 11 384 YBall Field for Buena Vista Elementary SchoolC052 Carlsbad Point Corporation Commercial Property 4.3 7.0 0.01 1.7 5825 AVENIDA ENCINAS CMWD 2 384 YC053 Gildred Development Commercial Property 4.2 6.8 0.01 1.7 5411 AVENIDA ENCINAS CMWD 2 384 YC054 2052 CDN LLC Commercial Property 4.2 6.8 0.01 1.7 2052 CORTE DEL NOGAL CMWD 1 550 YC055 North Pointe HOA HOA 0.9 1.5 < 0.01 1.7 6155 EL CAMINO REAL CMWD Near Existing 550 YC056 Greenview HOA HOA 4.0 6.4 0.01 1.7 ALMADEN LN CMWD 17 384 YGreenview HOAC057 Cognac Pacific Corporate LLC Commercial Property 4.0 6.4 0.01 1.7 5999 AVENIDA ENCINAS CMWD 2 384 YC058 H G Fenton Commercial Property 3.8 6.1 0.01 1.7 6351 CORTE DEL ABETO CMWD 1 550 YC059 Cognac Carlsbad Pac Centr LLC Commercial Property 3.8 6.1 0.01 1.7 701 PALOMAR AIRPORT RD CMWD 2 384 YC060 Buena Vista Elementary School (Group) Schools 1.2 2.0 < 0.01 1.7 CMWD 11 384 YBuena Vista Elementary SchoolC061 North Pointe HOA HOA 3.7 6.0 0.01 1.7 6213 EL CAMINO REAL CMWD 1 550 YEstimated Average Annual Demand(2)Address Map ID (1)Customer Name Type SPF PurveyorExpansion Alignment ZoneIncluded in Ultimate System Commentgpm afy mgd SPF No. AddressEstimated Average Annual Demand(2)AddressC062 Viaggio HOA and Aviara Masters HOA HOA 5.7 9.2 0.01 1.7 7073 BLACK RAIL CT CMWD 15 384 Y4 Existing MetersC063 City Of Carlsbad Parks Parks 3.5 5.7 0.01 1.7 CMWD Not Included - NParkC064 Future Parcel - Carlsbad Airport Center Commercial Property 1.1 1.8 < 0.01 1.7 Dev Near Existing 550 YAdjacent to Existing SystemC065 Windstar Carlsbad Office LLC / Floral Trade Center Commercial Property 3.4 5.5 < 0.01 1.7 5600 AVENIDA ENCINAS CMWD 2 384 YC066 Public Storage Inc Commercial Property 3.3 5.3 < 0.01 1.7 6211 CORTE DEL ABETO CMWD 1 550 YC067 Magnolia Elementary School (Carlsbad Unified School) Schools 1.9 3.1 < 0.01 1.7 CMWD 12 384 Y1 Existing Irrigation MeterC068 Dolphin Beach Apartments HOA 0.6 1.0 < 0.01 1.7 CMWD 11 384 Y1 Existing MeterC069 Kilwa Manufacturing Inc Commercial Property 3.2 5.2 < 0.01 1.7 2045 CORTE DEL NOGAL CMWD 1 550 YC070 Jefferson Elemenatary School Irrigation (City Of Carlsbad Parks) Schools 3.2 5.1 < 0.01 1.7 CMWD 11 384 YJefferson Elementary SchoolC071 Realty Associates Fund VII LP Commercial Property 3.2 5.1 < 0.01 1.7 2121 PALOMAR AIRPORT RD CMWD Not Included - NC072 Lakeshore Gardens MHP (Group) Pond Evaporation 3.1 5.0 < 0.01 1.7 7201 AVENIDA ENCINAS CMWD 9 318 YLakeshore Gardens Mhp#7520580C073 Naturemaker Inc Commercial Property 3.1 5.0 < 0.01 1.7 6225 EL CAMINO REAL CMWD Near Existing 550 YC074 Inns Of America Suites Commercial Property 3.1 5.0 < 0.01 1.7 5010 AVENIDA ENCINAS CMWD 2 384 YC075 Cognac Carlsbad Pacifica LLC Commercial Property 3.1 5.0 < 0.01 1.7 5050 AVENIDA ENCINAS CMWD 2 384 YC076 Future Parcel - Carlsbad Airport Center Commercial Property 1.6 2.6 < 0.01 1.7 0 Dev Near Existing 550 YAdjacent to Existing SystemC078 City Of Carlsbad Parks Parks 2.9 4.6 < 0.01 1.7 CMWD 5 384 YParkC079 Palomar And Company Commercial Property 2.8 4.4 < 0.01 1.7 5952 AVENIDA ENCINAS CMWD 2 384 YC080 Inns Of America Suites Commercial Property 2.7 4.4 < 0.01 1.7 5010 AVENIDA ENCINAS CMWD 2 384 YC081 Bond Ranch Commercial Property 2.6 4.3 < 0.01 1.7 2042 CORTE DEL NOGAL CMWD 1 550 YC082 Boi Carlsbad Inc Commercial Property 2.6 4.2 < 0.01 1.7 2035 CORTE DEL NOGAL CMWD 1 550 YC083 CBRE Carlsbad Commercial Ctr Commercial Property 2.6 4.2 < 0.01 1.7 5379 AVENIDA ENCINAS CMWD 2 384 YC084 North Pointe Owners' Assoc HOA 1.2 2.0 < 0.01 1.7 6155 EL CAMINO REAL CMWD Near Existing 550 YC085 Palomar Lot 10 BCA Commercial Property 2.5 4.0 < 0.01 1.7 6050 CORTE DEL CEDRO CMWD 1 550 YC086 Realty Associates Fund VII LP Commercial Property 2.5 4.0 < 0.01 1.7 2141 PALOMAR AIRPORT RD CMWD 1 550 YC087 Tramanto HOA HOA 2.4 3.8 < 0.01 1.7 1950 HUMMINGBIRD RD CMWD 15 384 YExisting Landscape MeterC088 St. Elizabeth Seton Church Schools 1.1 1.8 < 0.01 1.7 6628 SANTA ISABEL ST VWD 6 742 YSt. Elizabeth Seton ChurchC089 Carlsbad Corporate Center Commercial Property 2.2 3.5 < 0.01 1.7 2032 CORTE DEL NOGAL CMWD 1 550 YC090 Bressi Ranch Corp Ctr HOA 2.1 3.4 < 0.01 1.7 CMWD Near Existing 550 YBressi Ranch Corp CtrC091 Spy Optic Inc Commercial Property 2.1 3.4 < 0.01 1.7 2070 LAS PALMAS DR CMWD 1 550 YC092 Del Abeto Cntr #260 Commercial Property 1.9 3.1 < 0.01 1.7 6352 CORTE DEL ABETO CMWD 1 550 YC093 Palomar 910 Assoc Ltd Commercial Property 1.6 2.6 < 0.01 1.7 6351 YARROW DR CMWD 1 550 YC094 Guy Freeborn Commercial Property 1.6 2.5 < 0.01 1.7 2385 CAMINO VIDA ROBLE CMWD Near Existing 550 YC096 Micro-Probe Prop LLC Commercial Property 1.5 2.4 < 0.01 1.7 2281 LAS PALMAS DR CMWD Near Existing 550 YC099 CBRE - Josepho Family Trust Commercial Property 0.7 1.1 < 0.01 1.7 2101 CAMINO VIDA ROBLE CMWD 1 550 YC100 Sierra Land Group Inc Commercial Property 0.6 0.9 < 0.01 1.7 2091 LAS PALMAS DR CMWD 1 550 YC101 Business Park (Vista Irrigation District) Commercial Property 361.0 582.3 0.52 1.7 VID 4C 660 YC102 Lake San Marcos Resort Country Club Golf Courses 208.3 336.0 0.30 1.7 VWD Not Included - NC103 Ocean Hills Country Club Golf Courses 91.8 148.0 0.13 1.7 COO 4B 550 YC104 Hosp Grove Park Parks 1.2 2.0 < 0.01 1.7 CMWD 5 384 YC105 Lake San Marcos Executive Golf Course Golf Courses 61.9 99.9 0.09 1.7 VWD Not Included - NC107 Alga Norte Park (Future) Parks 44.6 71.9 0.06 1.7 Dev Near Existing 550 YC108 La Costa Canyon High Schools 39.6 63.9 0.06 1.7 OMWD Not Included - NC109 Future High School Site Schools 18.6 30.0 0.03 1.7 Dev Near Existing 550 YC110 Business Park Cooling Towers in Carlsbad Airport Center Commercial Cooling 6.1 9.9 0.01 1.7 CMWD Near Existing 550 YC111 Buena Vista Park Parks 33.2 53.5 0.05 1.7 VID 4B 550 YC112 Business Park (Vallecitos Water District) Commercial Property 26.5 42.7 0.04 1.7 VWD 10 550 YC113 Park Parks 24.6 39.7 0.04 1.7 VWD 10 550 YC114 Rancho Buena Vista High Schools 24.3 39.2 0.03 1.7 VID 4B 550 YC115 Oak Riparian Park Parks 22.6 36.5 0.03 1.7 COO Not Included - NC116 Business Park Cooling Towers in Carlsbad Research Center Commercial Cooling 18.6 30.0 0.03 1.7 CMWD Near Existing 550 YC117 Madison Middle/lake Elementary Schools 20.8 33.6 0.03 1.7 COO 4B 550 YC118 Future School Schools 19.5 31.4 0.03 1.7 OMWD Not Included - NC119 Business Park Cooling Towers in Carlsbad Oaks Commercial Cooling 2.7 4.4 < 0.01 1.7 CMWD Near Existing 550 Y Map ID (1)Customer Name Type SPF PurveyorExpansion Alignment ZoneIncluded in Ultimate System Commentgpm afy mgd SPF No. AddressEstimated Average Annual Demand(2)AddressC120 La Costa Canyon Park Parks 17.1 27.5 0.02 1.7 OMWD Not Included - NC121 Lake Park Parks 13.9 22.4 0.02 1.7 COO 4B 550 YC122 La Costa Hights Elementary/Levante Park Parks 12.9 20.8 0.02 1.7 OMWD Not Included - NC123 San Marcos High School Schools 11.9 19.2 0.02 1.7 VWD Not Included - NAcres of Irrigated Turf (17.15)C124 New Venture Christian Schools Schools 8.3 13.4 0.01 1.7 COO 4B 550 YC125 Center for Science/Math/Technology Schools 7.6 12.3 0.01 1.7 VID Not Included - NC126 High-Density Residential Development at Quarry Creek HOA 40.0 64.5 0.06 1.7 Dev 7 580 YC127 El Camino Creek Elementary Schools 7.0 11.4 0.01 1.7 OMWD Not Included - NC128 Olivenhain Pioneer Elementary Schools 7.0 11.4 0.01 1.7 OMWD Not Included - NC129 Breeze Hill Park Parks 6.7 10.9 0.01 1.7 VID 4B 550 YC130 Mission Estancia Elementary Schools 6.3 10.1 0.01 1.7 OMWD Not Included - NC131 Cadencia Park Parks 6.0 9.7 0.01 1.7 OMWD Not Included - NC132 Rotary Park Parks 1.4 2.2 < 0.01 1.7 CMWD 11 384 YDemand from Existing MeterC133 Fuerte Park Parks 5.1 8.2 0.01 1.7 VWD 6 742 YC134 Breeze Hill Elementary Schools 4.9 7.9 0.01 1.7 VID 4B 550 YC135 Magee Park Parks 2.9 4.6 < 0.01 1.7 CMWD 11 384 YC136 Tri City Christian Schools Schools 2.3 3.7 < 0.01 1.7 VID Not Included - NC137 Discovery Isle Child Development Schools 2.2 3.6 < 0.01 1.7 CMWD Near Existing 550 YC139 Montessori of Oceanside Schools 0.6 0.9 < 0.01 1.7 COO 4B 550 YC140 Irrigation Meters in Palisades and Telescope HOA HOA 7.3 11.7 0.01 1.7 CMWD 5 384 Y5 Existing MetersC141 Beythlechim Schools 0.4 0.6 < 0.01 1.7 CMWD Not Included - NC142 La Costa Valley Preschool and Kindergarten Schools 0.3 0.5 < 0.01 1.7 OMWD Not Included - NC143 Legoland Inner Park Expansion Resort Property Irrigat20.8 33.6 0.03 1.7 Dev Near Existing 550 YAnticipated between 2021 and 2024C144 Gemological Institute of America Expansion Commercial Property 3.2 5.2 < 0.01 1.7 Dev Near Existing 550 YAnticipated between 2018 and 2025C145 Carlsbad Ranch Resort Commercial Property 23.5 37.9 0.03 1.7 Dev Near Existing 550 YAnticipated between 2015 and 2018C146 Dos Colinas (Senior Independent and Assisted Care Living) HOA 37.0 59.7 0.05 1.7 Dev 3 384 YAnticipated by 2013C147 Walmart / Sunny Creek Plaza Commercial Property 7.4 12.0 0.01 1.7 Dev 3 384 YAnticipated between 2015 and 2020C148 Cantarini HOA 71.3 115.0 0.10 1.7 Dev 3 384 YAnticipated between 2012 and 2014C149 Holly Springs HOA 57.7 93.1 0.08 1.7 Dev 3 384 YAnticipated by 2013C150 Carlsbad Oaks North - Phase I Commercial Property 26.1 42.1 0.04 1.7 Dev Near Existing 550 YAnticipated between 2012 and 2020C151 Carlsbad Oaks North - Phase II Commercial Property 21.1 34.0 0.03 1.7 Dev Near Existing 550 YAnticipated between 2020 and 2023C152 Carlsbad Oaks North - Phase III Commercial Property 22.5 36.3 0.03 1.7 Dev Near Existing 550 YAnticipated between 2023 and 2026C153 Bressi Ranch - Planning Areas 1 through 4 Commercial Property 27.0 43.5 0.04 1.7 Dev Near Existing 550 YPartial Development in 2011C154 Bressi Ranch - Planning Area 5 Commercial Property 6.1 9.9 0.01 1.7 Dev Near Existing 550 YC155 Bressi Ranch - Planning Area 15 Commercial Property 6.4 10.4 0.01 1.7 Dev Near Existing 550 YC156 Rancho Carrillo Village H - Palomar Korean Church Commercial Property 1.5 2.4 < 0.01 1.7 Dev Near Existing 550 YAnticipated in 2011C157 Carlsbad Raceway and Palomar Forum - Remaining Vacant Parcels Commercial Property 27.6 44.6 0.04 1.7 Dev Near Existing 550 YAnticipated between 2011 and 2026C158 HOA HOA 6.9 11.1 0.01 1.7 Dev 5 384 YC159 Existing Landscape Meters along Palomar Oaks Way Commercial Property 9.7 15.7 0.01 1.7 PALOMAR OAKS WAY CMWD 1 550 Y7 Existing MetersC160 Future Business Park Irrigation along Palomar Oaks Commercial Property 5.0 8.0 0.01 1.7 PALOMAR OAKS WAY Dev 1 550 YPlanned Future DevelopmentC161 Existing Landscape Meters along Car Country Drive Commercial Property 7.4 12.0 0.01 1.7 CAR COUNTRY DRIVE CMWD 13 384 Y6 Existing MetersC162 Existing Landscape Meters along Frost Avenue HOA 5.0 8.0 0.01 1.7 FROST AVENUE CMWD 14 384 Y4 Existing MetersC163 Existing Colony at Calavera Irrigation Meters HOA 4.5 7.2 0.01 1.7 TAMARACK AVENUE CMWD 5 384 Y4 Existing MetersC164 Existing Landscape Meters along El Camino Real HOA 1.2 2.0 < 0.01 1.7 EL CAMINO REAL CMWD 5 384 Y4 Existing MetersC165 Existing Landscape Meters at Marbella (Apartment Complex) HOA 1.2 2.0 < 0.01 1.7 MARRON ROAD CMWD 5 384 Y2 Existing MetersC166 Existing Landscape Meters at Marea HOA 5.3 8.6 0.01 1.7 SURFBIRD CMWD 15 384 Y4 Existing MetersC167 Existing Landscape Meters along Blue Orchid Lane HOA 6.0 9.7 0.01 1.7 BLUE ORCHID LANE CMWD 16 384 Y3 Existing MetersC168 Existing Landscape Meters at Alga Hills HOA HOA 10.7 17.2 0.02 1.7 CMWD 17 384 Y6 Existing MetersC169 Existing Landscape Meters at Jockey Club HOA HOA 9.8 15.8 0.01 1.7 ALMADEN LANE CMWD 17 384 Y2 Existing MetersC170 Existing Landscape Meters along Altisma Way HOA 2.5 4.0 < 0.01 1.7 ALTISMA WAY CMWD 17 384 Y4 Existing MetersC171 Existing Landscape Meters at Alicante Hills HOA HOA 8.9 14.4 0.01 1.7 CMWD 17 384 Y5 Existing MetersC172 Existing Landscape Meters along Navigator Circle HOA 2.1 3.4 < 0.01 1.7 NAVIGATOR CIRCLE CMWD 9 318 Y2 Existing MetersC173 Library and Civic Center (City of Carlsbad Library and Parks) Parks 3.1 5.0 < 0.01 1.7 LAGUNA DRIVE CMWD 11 384 Y2 Existing Meters Map ID (1)Customer Name Type SPF PurveyorExpansion Alignment ZoneIncluded in Ultimate System Commentgpm afy mgd SPF No. AddressEstimated Average Annual Demand(2)AddressC174 Existing Landscape Meters at HOAs on Chinquapin Ave HOA 14.9 24.0 0.02 1.7 CMWD 11 384 Y8 Existing Meters (Windsong HOA)C175 Existing Landscape Meters along Oak Avenue Commercial Property 2.2 3.5 < 0.01 1.7 OAK AVENUE CMWD 11 384 Y3 Existing MetersC176 Carlsbad Village Academy Schools 6.8 11.0 0.01 1.7 CMWD 12 384 YExisting Institutional Meter; Assd Serves Only IrrigC177 Existing Landscape Meter at Avenida Encinas Commercial Property 9.2 14.9 0.01 1.7 7190 AVENIDA ENCINAS CMWD 9 318 YExisting MeterC178 Existing Landscape Meters at The Villa HOA HOA 12.4 20.0 0.02 1.7 CHATHAM ROAD CMWD 5 384 Y4 Existing MetersC179 Existing Landscape Meters at Fairways HOA HOA 16.6 26.8 0.02 1.7 CMWD 17 384 Y8 Existing Meters3,328 5,368 4.79Notes:(1) Map ID corresponds to the ID in the GIS database. The customers are displayed by Map ID on Figure 3.8.(2) Estimated demand is based on the potable water billing records. If potable records were not available, demand is based on the demand factors developed in Chapter 3.(3) During the demand identification process, customer questionaires were sent to large users to better understand their needs and demands.(4) Likelihood of service was based on the customer questionaire and discussions with the City. If unknown, the likelihood was assumed to be 75%, a typical value for Recycled Water Master Plans.(5) Purveyor refers to the existing purveyor of potable water to the customer. "Dev" signifies that the customer is a new development without existing potable water use which would be offset by use of recycled water (development information was provided by the City's planning department).Customer Database Total January 2012 D-1 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix_D.doc Appendix D INTERAGENCY AGREEMENTS This appendix includes: • Mahr Reservoir Use Agreement • Leucadia County Water District Recycled Water Sales Agreement • Vallecitos Water District Recycled Water Sales Agreement • Vallecitos Water District Construction and Reconstruction of Water Lines • Metropolitan Water District of Southern California Local Resource Program Agreement Recommendations At the program’s onset, similar samples could be collected at a few other locations around the reservoir, to verify that the recommended sample location is adequately representative of the entire water body. CGvL ENGINEERS LN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 6-2 Appendix A HISTORICAL RECYCLED WATER DEMANDS CGvL ENGINEERS IN ASSOClATlON WITH JOHN POWELL & ASSOCIATES A- 1 PI 9 .I i 0 > Appendix B SEASONAL STORAGE MODEL RUNS CGVL ENGtNEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES B- 1 Analysis of Monthly SupplyDernandEtorage Requirements Evapo- Seasonal transpir., Precip., Variation Month in in Ratio Jan n/a nla 0.1 1 Feb n/a n/a 0.1 6 ' Mar n/a n/a 0.37 May n/a n/a 1.37 Apr Jul nla nla 2.1 0 SeP n/a n/a . 1.51 Nov n/a n/a 0.42 Dec n/a nla 0.46 n/a n/a 0.82 Jun n/a n/a 1.83 Aug n/a n/a 1.76 oct n/a n/a 1.09 -------,-----I---I------------------------------------------------------- Project Other Total RW Other Total Demand, Demand, Demand, Supply, supply, supply, aC-ftC ac-it ac-tt ac-ftO ac-ft e ac-ft 16 0 16 150 0 150 24 0 24 1 50 0 150 56 0 56 1 50 0 150 123 0 123 150 0 150 205 0 205 150 0 150 275 0 275 1 50 0 1 50 31 5 0 31 5 150 0 150 264 0 264 1 50 0 1 50 226 0 226 150 0 1 SO 163 0 163 1 50 0 1 50 63 0 63 1 50 0 1 50 70 0 70 150 0 150 ________-_____________ Reser. Reser. Unused Flow, Storage, RW Supp. ac-ft ' ac-ftP ac-tt TOTAL n/a n/a 12.00 1,800 0 1,800 302 427 521 548 493 368 203 89 13 0 87 168 1.800 0 1,800 0 946 79 79 79 79 79 79 79 79 79 79 79 79 Monthly Reservoir I Unused RW Supply I I I/ 600 - INPUT da = effedlve/total precipitation ratio (no units) n/a = irrigation efficiency (no units) 1,800 = annual project irrigation demand (ac-fUyr) a) b) c) d) e) f) 2.45 = maximum recycled water supply available (mgd: 0.00 = maximum other water supply available (mgd: 3.00 = maximum reservoir inflow allowed (mgd) 3.00 = maximum reservoir outflow allowed (mgd) g) 1,000 = maximum reservoir working storage available (ac-It) Monthly Supply I Demand 350- i n -I ~0~~~~ Jan Feb Mar Apr May Jun Jul Aug Sep OU NOv Dec Month i OUTPUT 2.10 = peak month factor (no units) nla = irrigation application ate (fVyr) ' 1.800 = annual total demand (ac-Wyr) 1 .OO = total supply/demand ratio (no units: Jul E maximum irrigation demand month Jan = minimum irrigation demand month 1.61 = maximum RW supply used (rngd) 0.00 = maximum other supply used (mgd) 1.43 = maximum reservoir inflow used (mgd)' 1.77 = maximum reservoir oumoW used (mgd) 548 = maximum reservoir working storage used (ac-ti) 100 I Jan Fea Mar Apr May Jun JuI Aug Sep On NOW Dec Month I F:\Proiects\Powell.ZO~a~s~d Ph II.M)l\ResewoiARevMSDS ~ 1 A-Currenl 5/31/00 Analysis of Monthly Supply/Demand/Storage Requirements donth Jan Feb Mar Apr May Jun Jul Aug Sep oct Nov Dec TOTAL PROJECT: CMWD Recycled Water System Expansion SCENARIO 1 B: With No Seasonal Storage SUPPLY: RW=2.45 mgd; Other=0.92 rngd QEMAND: Current Q 1,800 ac-ft&r TORAGE: 0 ac-ft existing seasonal storage, 0 ac-R required seasonal storage Evapo- Seasonal transpir., Precip., Variation in in Ratio n/a nla 0.1 1 n/a n/a 0.16 nla n/a 0.37 nla n/a 0.82 1.37 n/a n/a n/a da 1.83 nla n/a 2.1 0 n/a n/a 1.76 nla nla 1.51 n/a da 1 .El n/a n/a .0.42 n/a n/a 0.46 da n/a 12.00 _----------------I----- Project Other Total Demand, Demand, Demand, ac-ft ac-ft ac-ft ~~ ~~ 16 0 16 ' 24 0 24 56 0 56 1 23 0 1 23 205 0 205 275 0 275 315 0 315 264 0 264 226 0 226 1 63 0 163 63 0 63 70 . 0 70 1.800 0 1.800 .-_----I-__--_----------------- - INPUT nla = effectivehotal precipitation ratio (no units) nla = irrigation efficiency (no units) 1.800 = annual project irTigation demand (ac-Wyr) 2.45 = maximum recyded water supply available (mgd: 1.00 = maximum other water supply available (mgd: 0.00 I maximurn'reservoir inflow allowed (rngd) 0.00 = maximum reservoir outllow allowed .(mgd) a) b) c) d) e) f) 9) 0 = maximum resewoir working storage available (ac-fl) Monthly Supply I Demand 350 300 250 200 150 100 50 0 I Jan Fcb Mar Apr May Juri Jul Aug Sep oct NOv Dec I I Month RW Other Total ac-ft a ac-ft ac-ft SUPPlY, Supply, Supply, ~ 16 0 16 24 0 24 56 0 56 1 23 0 123 205 0 205 229 46 275 229 86 31 5 229 35 264 226 0 226 163 0 163 63 0 63 70 0 70 1,633 167 1,800 ---1--*---1-- ---_-- Reser. Reser. Unused Flow, Storage, RW Supp. ac-ft' ac-ftP x-ft 0 0 0 0 0 0 0 0 0 0 0 (0) 0 21 3 0 204 0 173 0 105 0 24 0 0 (0) 0 (0) '0 (0) 3 0 65 0 166 0 159 (0) 1,113 OUTPUT 2.10 = peak month factor (no units) n/a = irrigation application rate (tvyr) 1.800 = Bnnual total demand (ac-ftlyr) 1 .OO = total supply/demand ratio (no units: Jul = maximum irrigation demand month Jan = minimum irrigation demand month 2.45 = maximum RW supply used (rngd) 0.92 = maximurn other supply used (mgd) 0.00 = maximum reservoir inflow used (mgd) 0.00 = maximum reservoir outflow used (mgd) 0 = maximum reservoir working storage used (ac-ft) I I ! i I Monthly Reservoir I Unused RW Supply I 2% Jan Feb Mar Apr May Jun Jul Aug Sep On NW Dee Month I i F:\Projects\Povell.ZOT\Carlsbad Ph 11.001\ReservoiARevMoSDS ~ 1 BCurrenc 5/31/00 Analysis of Monthly Supply/Demand/Storage Requirements Project Other Total Demand, Demand, Demand, ac-ft ' ac-ft ac-ft PROJECT: CMWD Recycled Water System Expansion SCENARIO 1C: With Mahr Reservoir Seasonal Storage SUPPLY: RW-2.45 mgd; Other=O.l7 mgd qEMAND: Current d 1,800 ac-fylr TORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage RW Other Total Supply, Supply, Supply, ac-ftm ac-ft ' ac-ft nonth Jan Feb Mar Apr May Jun Jul Aug Sep oct Nov Dec TOTAL - __I - - ~ 16 0 16 ' 24 0 24 56 0 56 123 0 123 205 0 205 275 0 275 31 5 0 31 5 264 0 264 226 0 226 163 0 163 63 0 63 70 0 70 1,800 0 1,800 _---_---------I---------------- Evapo- Seasona ranspir., Precip., Variatior in in Ratio da nla 0.1 1 nla nla 0.1 6 n/a n/a 0.37 n/a n/a 0.82 da da 1.37 da nla 1.83 nla n/a 2.1 0 rda nla I .76 n/a n/a 1.51 da n/a 1.09 n/a nla ,0.42 n/a nla 12.00 n/a n/a 0.46 .-------------------- 92 0 92 100 0 100 56 0 56 123 0 1 23 205 0 205 229 0 229 229 16 245 229 0 229 226 0 226 163 0 163 63 0 63 70 0 70 1,784 16 1,800 -I---- INPUT nla = effectivehotal precipitation ratio (no units) nla = irrigation efficiency (no units) 1,800 = annual prqecl irrigation demand (ac-Wyr) 2.45 = maximum recycled water supply available (mgd: 0.00 = maximum other water supply available (mgd: 3.00 = maximum reservoir inflow ,allowed (mgd) 3.00 = maximum reservoir outflow allowed (rngdl 151 = maximum reservoir working storage available (ac-It) a) b) c) d) e) f) f I Monthly Supply I Demand 350 7 n 300- I I i Jan Fcb Mar Apr May Jun Jul Aug Sep o* NW D~c I Month 1 Reser. Reser. Unused Flow, Storage, RW Supp., ac-ft ' ac-ft ac-tt 76 76 1 37 76 151 129 0 151 173 0 151 105 0 151 24 (46) 105 0 cm) 35 0 (35) 0 0 0 0 3 0 0 65 0 0 166 159 0 0 (0) 962 --- ------ OUTPUT 1) 2.10 = peak month factor.(no units) 2) 3) 1,800 = annual total demand (ac-Wyr) 4) 1 .OO = total supply/demand ratio (no units; 5) Jul = maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 2.45 = maximum RW supply used (mgd) 8) 0.17 = maximum other supply used (mgd) 91 0.81 = maximum reservoir inflow used (mgd) 10) 11) 151 = maximum reservoir working storage used (ac-t) n/a = irrigation application rate (Wyr) 0.75 = maximum reservoir outflow used (mgd] I 1 II Monthly Reservoir I Unused RW Supply . 1 I" 200 180 1 K- 14 120 100 BO 60 40 20 0 I Jan Feb Mar Apr May Jun Jul Aug 5ep On Now Dec Month ! F:\PrciecIs\Powell.ZOACarlrbad Ph Il.Wl\Resewoir\RevMoSDS. lC-Curfenl Evapo- Seasonal transpir., Precip., Variation Month in in Ratio Jan nla n/a 0.1 1 Feb nla n/a 0.1 6 Mar n/a n/a 0.37 n/a n/a 0.82 - May n/a n/a 1.37 Jun nla nla 1 .83 Jul nla nla 2.1 0 Aug n/a n/a 1.76 oct n/a n/a 1.09 Nov nla nla 0.42 Dec n/a n/a 0.46 TOTAL n/a n/a 12.00 Apr SeP n/a n/a 1.51 INPUT n/a = effectivehotal precipilalion ratio (no units) n/a I irrigation efficiency (no units) 5.400 = annual project irrigation demand (ac-Wyr) 8.00 = maximum recycled water supply available (mgd: 0.00 = maximum other water supply available (mgd: 8.00 I maximum reservoir inflow allowed (mgd) 8.00 = maximum reservoir oulflow allowed (mgd) a) b) d) e) f) c) Q) 2,000 = maximum reservoir working storage available (ac-It) D Other Total Reser. Reser. Unused Project Other Total RW Demand, Demand, Demand, Supply, SUPPIS., Supply, Flow, Storage, RW Supp., ac-ftc ac-ft ac-n ac-ft" ac-ft ac-ft ac-tt' ac-tto ac-R 49 0 . 49 450 0 450 401 905 297 73 0 73 450 0 450 3n 1282 297 168 0 168 450 0 450 282 1.564 297 370 0 370 450 0 450 80 1,644 297 61 5 0 61 5 450 0 450 (165) 1,479 297 824 0 824 450 0 450 (374) 1,104 297 945 0 34s 450 0 450 (495) 609 297 791 0 791 450 0 450 (341) 268 297 490 0 490 450 0 450 (40) 0 297 1 88 0 188 450 0 450 262 262 297 209 0 209 450 0 450 241 503 297 5,400 0 5.400 5,400 0 5,400 (0) 3,565 678 0 678 450 0 450 (228) 40 297 ____-._-_-__-I---------------------------~---------_---_----------_______I_______I__ - OUTPUT 2.10 = peak month factor (no units) n/a = irrigation application rate (it/yr) 1 .OO = total supplyklemand ratb (no units: Jul = maximum irrigation demand month Jan = minimum irrigation demand monlh 4.82 = maximum RW supply used (mgd) 0.00 = maximum other supply used (mgd) 4.30 = maximum reservoir inflow used (mgd) 5.30 = maximum reservoir outllow used (mgd) 1,644 = maximum reservoir working storage used (a&) 5,400 = annual total demand (ac-fvyt) Monthly Supply I Demand 1 .ow n 900 -. IODemandI i Jan Feb Mar apr May Jm Jul Aup SeP Oca Nav Dec Month I I i i i I I I I I i i I I i I I i Monthly Reservoir I Unused RW Supply Jan Feb Mar Apr May Jun Jul Aug Sep ocl Nav Ce Month F:\Prq~U\P~e11.20~CACarlSbad Ph II.M)l\ReseIvcihRevMoSOS . ZA-Phase ii Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 28: With No Seasonal Storage SUPPLY: RWe8.00 mgd; Other=2.12 rngd QEMAND: Phase II 8 5,400 ac-ftlyr TORAGE: 0 ac-fi existing seasonal storage, 0 ac-fl required seasonal storage Evapo- Seasonal transpir., Precip., Variation Month in in Ratio 0.11 0.16' Jan n/a ?a Feb n/a n/a Mar n/a nla 0.37 da nla 0.82 May .da nla 1.37 Apr JUn nla n/a 1.83 Jul nla nla 2.1 0 Aug n/a n/a 1.76 Nov da n/a 0.42 D&?C nla nla 0.46 TOTAL da nla 12.00 sep nla nla 1.51 oct nla nla 1.09 _____ __-_----I ,, Project Other Total RW Other Total Reser. Reser. Unused Demand, Demand, Demand, Supply, Supply, Supply, Flow, Storage, RW Supp. aC-ftc ac-ft ac-ft ac-ft' ac-ft' ac-ft ac-ft' ac-ftP e-fi I 49 0 49 49 0 49 0 0 699 73 0 73 73 0 73 0 0 674' 168 0 168 168 0 168 0 0 579 370 0 370 370 0 370 0 0 377 r 61 5 0 615 615 0 615 0 0 132 824 0 824 747 77 824 (0) (0) 0 945 0 945 747 198 945 (0) (0) 0 791 0 791 747 44 791 0 (0) 0 678 0 678 678 0 678 0 (0) 69 490 0 490 490 0 490 0 0 257 las 0 188 1 88 0 1 88 0 0 559 209 0 209 209 0 209 0 0 538 5,400 0 5,400 5,081 319 5,400 (0) 3,865 ----I------------------ -------- -I___ __-___________ ____ - INPUT nla = effeaivehotal precipitation ratio (no units] nla = imgation efficiency (no units) a) b) c) 5.400 = annual project irrigation deMnd (ac-fVyr) . . 8.00 = maximum recycled water supply available (mgd: 200 = maximum other water supply available (mgd: d) e) f] . 0.00 = maximum reservoir inflow'allowed (mgd] 0.00 = maximum reservoir outflow allowed (mgd] 0 = maximum reservoir working storage available (ac-ft] Monthly Supply I Demand I t- +- I E- - 1 I Jan Feb Mar Apr May Jun Jul Aug Sop Oct Nov Dec Month I OUTPUT 2.10 = peak month factor (no units) Ma = irrigation application rate (Wyr) 5,400 = annual total demand (ac-Wyr) 1 .OO = total supply/demand ratio (no units; Jul = maximum irrigation demand month Jan = minimum irrigation demand month 2.1 2 = maximum other supply used (mgd] 0.00 = maximum reservoir inllow used (mgd] 0.00 = maximurn reservoir outflow used (qd] 1) 2) 3) 4) 5) 6) 7) 8.00 = maximum RW supply used (mgd) 8) 9) 10) 11) 0 = maximum reservoir working storage used (ac-11) II Monthly Reservoir I Unused RW Supply 1 1.' 800 Jan Feb Mar Apr May Jun Jul AUQ Sep On Nov Dec Month F:\Prqeccs\PoweH.ZOAarlsbad Ph 11.001WeservciARevMoSOS - 29-Phase II Other Total Month in in Ratio ac-ft ac-ft ac-tt ac-tt' ac-ft ac-tt Jan n/a nla 0.1 1 49 0 0 1 24 0 1 49 0 168 0 370 Feb n/a n/a 0.16 73 0 Mar n/a n/a 0.37 168 0 n/a n/a 1.37 615 0 61 5 0 61 5 Apr Jun n/a n/a 1 .83 824 0 747 62 809 May Jul da nla 2.1 0 94s 0 747 62 809. Aug n/a nla 1.76 791 0 791 747 44 791 Nov n/a n/a 0.42 188 0 188 188 0 1 88 Dec n/a nla 0.46 209 0 209 209 0 209 TOTAL n/a nla 12.00 5,400 0 168 5.400 Evapo- Seasonal Project Other Total RW transpir., precip., Variation Demand, Demand, Demand, Supply, Supply, Supply, n/a n/a 0.82 370 0 370 370 SeP n/a n/a 1.51 678 0 678 678 0 678 Oct n/a nla 1.09 490 .o 490 490 0 490 - INPUT Rescr. Reser. Unused Flow, Storage, RW Supp. ac-tt ' ac-tt* ac-tt 76 76 623 76 151 598 0 151 579 0 151 377 0 151 132 (15) 136 0 (1 36) (0) 0 .O 0 0 0 0 69 0 0 257 0 0 559 538 0 0 (0) 3,734 ---- n/a E effeclivefiotal precipitation ratio (no units) n/a I irrigation efficiency (no units) 5.400 = annual project irrigation demand (ac-fUyr) a) b) c) d) e) 1) 8.00 E maximum recycled water supply available (wd: 2.00 = maximum other water supply available (mgd: 8.00 = maximum reservoir inflow allowed (mpd) 8.00 E maximum reservoir outflow allowed (mgd) 9) 151 = maximum reservoir working storage available (ac-ft) Monthly Supply f Demand 1 .OOO 900 n Jan Feb Mar Apr May Jun Jul Aug Sep On Nov Dec I i Month OUTPUT 2.10 = peak month factor (no units) 5.400 = annual total demand (ac-wr) 1 .OO = total supply/demand ratio (no units: . Jul = maximum irrigation demand month Jan = minimum imgalion demand month 8.00 = maximum RW swply used (mgd) 0.66 = maximum olher supply used (rngd) 0.81 = maximum reservoir inflow used (mgd) 1.46 = maximum reservoir outflow used (mgd) 151 = maximum reservoir wolking storage used (ac-11) Ma = irrigation application rate (fvyr) Monthly Reservoir f Unused RW Supply 700 , I JZn Feb Mar Apr May Jun Jul Aug Sep On Nw Dec Month i 1 F:\Projece\PowelI,20ACarlsbad Ph 11.001\ReseNoinRevMoSD~ .ZC-Phase II Evapo- Seasonal Project Other Total transpir., Precip., Variation Demand. Demand, Demand, Month in in Ratio amE ac-tt ac-n Jan n/a da a1 1 88 0 88 Feb n/a da 0.1 6 133 0 133 Mar nla n/a 0.37 304 0 304 nla nfa 0.82 672 0 672 by n/a nfa 1.37 1.116 0 1,116 Apr Jun n/a n/a 1 33 1,496 0 1,496 Jul da n/a 2.1 0 1,716 0 1,716 AUQ n/a n/a 1.76 1,436 0 1,436 SeP n/a n/a 1.51 1,230 0 1,230 oct n/a n/a 1.09 889 0 889 Nov n/a nfa 0.42 341 0 341 n/a nla 0.46 379 0 379 ._---.----------I - Dec TOTAL n/a nla 12.00 9,800 0 9,800 INPUT Other Total Reser. Reser. Unused RW Supply, Supply, Supply, Flow, Storage, RW supp., ac-n ac-fl’ ac-ttg ac-fi ac-no ac-n 817 0 81 7 729 1,642 1.051 817 0 817 6&l 2.326 1,OSl 817 0 817 51 2 2.838 1,051 81 7 0 817 145 2.983 1,051 (299) 2,683 1.051 817 0 817 817 0 81 7 (679) 2,004 1,051 81 7 0 817 (899) 1,105 1,051 81 7 0 817 (61 9) 486 1,051 81 7 0 817 (41 4) 73 1,051 817 0 817 (73) 0 1,051 81 7 0 81 7 476 476 1,051 817 0 817 438 91 4 1,051 ---------------~---.-----------_---_I-__--------________I___ 9,800 0 9,800 0 12,613 nla = effectivehotal precipitation ratio (no units) nla e irrigation eniciency (no units) 9.800 = annual project imgation demand (ac-Wyr) 20.00 = maximum recyded water supply available (mgd: 0.00 = maximum other water supply available (rngd: 12.00 = maximum reservoir inflow,allowed (mgd) 12.00 z maximum reservoir oulllow allowed (mgd) a) b) c) d) e) f) g) 3,000 maximum reservoir working storage available (ac-it) 3’- Monthly Supply / Demand -__--------_----__-_---- ------n -I Jan Feb Mar Apr May Jun JUl hg Sep On Nov Dec Month ! OUTPUT - 2.1 0 = peak mqnth factor (no units) Wa = irrigation application rate (tvyr) 9.800 = annual total demand (ac-Wyr) 1 .OO = total supply/demand ratio (no units: . Jul = maximum irrigation demand month Jan = minimum irrigation demand month 8.74 = maximurn RW supply used (mgd) 0.00 = maximum other supply used (mgd) 7.80 = maximum reservoir inflow used (mgd) 9.63 = maximum resewoir outflow used (mgd) 2.983 = maximum reservoir working storage used (ac-11) Jan Feb Mar Apr May Jun Jul Aug Sep Nov Dec Month F:\Prolens\Powell.ZO~M)at(sbad Ph 11.001\ReservoIfiRevMSDS ~ JA-Ultimale 5131x10 Analysis of Monthly Supply/Demand/Storage Requirements Vlonth Jan Feb Mar May Jun Jul Aug Sep oct Nov Dec TOTAL Apr __--. PROJECT: CMWD Recycled Water System Expansion SCENARIO 38: With No Seasonal Storage SUPPLY: RW=18.37 mgd: Otherd mgd qEMAND: Ultimate 0 9,800 ac-wr ‘ORAGE: 0 ac-fi existing seasonal storage, 0 ac-tt required seasonal storage I Evapo- Seasona transpir., Precip., Variation in in Ratio n/a n/a 0.1 1 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a 1.37 n/a n/a n/a 1.83 nla nla 2.1 0 n/a nla 1.76 n/a n/a 1.51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 Ida n/a 12.00 -----------I- RW Other Total Supply, Supply, Supply, ac-ft * ac-tt ac-fl 88 0 88 133 0 133 304 0 304 672 0 672 1,116 0 1.116 1,496 0 1,496 1,716 0 1,716 1,436 0 1,436 1,230 0 1,230 341 0 341 379 0 379 9,800 0 9.soO 889 0 889 , --------_--------_A Project Other Total Demand, Demand, Demand, ac-fl ac-fl ac-fl 88 0 88 a 133 0 133 304 0 304 672 0 672 1.116 0 1,116 1,496 0 1,496 1,716 0 1,716 1,436 0 1,436 1,230 0 1,230 889 0 889 341 0 34 1 379 0 379 9,800 0 9.800 . .--_-__-_----------l_____l_______l Reser. Reser. Unused Flow, Storage, RW Supp.. ac-ft’ ac-ft ac-ft 0 0 1,780 0 0 1,735 0 0 1,563 0 0 1,196 0 0 752 0 0 372 0 0 152 0 0 432 0 0 638 0 0 979 0 0 1,527 0 0 1,489 0 12,613 -------- I INPUT -i I o Demand W, n/a = effediveAota1 precipitation ratio (no units) n/a = irrigation eliiciency (no units) a) b) C) 9,800 = annual project irrigation demand (ac-Wyr) d) 20.00 E maximum recycled water supply available (mgd: e) I\ 0.m = maximum reservoir inllom allowed (mgdl 0.00 = maximum other water supply available (mgd: 0.6 maximum reservoir outflow atlowed (&hl 0 t maximum resevoir working storage available (ac-11) ,200 .m 800 4w 200 0 Jan Feb Mar Apr MY Jun Jul Aug Sp On Nov Dec Month 2.10 = peak month factor (no units) n/a = irrigation application ratr (ttlyr) 9.800 = annual total demand (ac-tuyr) 1.00 = total supply/demand ratio (no units: Jul z maximum irrigation demand month Jan = minimum irrigation demand month 18.37 = maximum RW supply used (mgd) 0.00 = maximum other supply used (mgd) 0.00 = maximum reservoir inflow used (mgd) 0.00 = maximum reservoir outflow used (mgd) 0 = maximum reservoir working storage used lac*) I1 Monthly Reservoir I Unused RW Supply i I *’ 2.m I Jan Feb Mar Apr May Jun Jul Aug Sep Oa Nov Dec Month F:\Prqec~\Powell.20ACarlsbad Ph It Wl\ReservoihRevMSCS. 38-lJllmele 5/31/00 Analysis of Monthly Supply/Demand/Storage Requirements Month Jan Feb Mar Apr May Jw, Jul AUQ SeP OCt Nov DeC _---I. 'TOTAL PROJECT: CMWD Recycled Water System Expansion SCENARIO 3C: With Mahr Reservoir Seasonal Storage SUPPLY: RW=16.76 mgd; Other=O mgd TEMAND: Ultimate 43 9,800 ac-Wyr b FORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage Evapo- Seasonal transpir., Precip., Variation in in Ratio rda nla 0.1 1 da nla 0.1 6 rda nla 0.37 nla n/a 0.82 nla n/a 1.37 n/a n/a 1 .83 n/a n/a 2.1 0 n/a nla 1.76 n/a n/a 1.51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 ___-__-___--__-- ------ - INPUT Project Other Total Demand, Demand, Demand, ac-tt ac-tt ac-tt 88 133 304 672 1,116 1,496 1,716 1,436 1,230 889 341 379 0 0 0 0 0 0 0 0 0 0 0 0 88 133 304 672 1,116 1,496 1,716 1,436 1,230 889 341 379 9,800 0 9,800 RW Other Total Supply, Supply, Supply, ac-tt ac-tt ac-n 164 0 164 208 0 208 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1,496 1,565 0 1,565 1,436 0 1,436 1,230 0' 1,230 889 0 889 I 341 0 341 379 0 379 ~ 9,800 0 9.800 p------------------ a) b) c) d) e) 0.00 = maximum other water supply available (mgd: 1) 3.00 E maximum reservoir inflow allowed (mgd) 3.00 = maximum reservoir outflow allowed (rngd; 9) 151 = marimurn reservoir working storage available (ac-rt) n/a = eflectivehotal precipitation ratio (no units) n/a E irrigation efliciency (no units) 9,800 = annual project irrigation demand (ac-Wyr] 20.00 = maximum recycled water supply available (mgd: I Monthly Supply I Demand 2.000 1.800 1 DDsmand 7 -i ,400 200 .wo 800 600 400 200 0 Jan Feb Mar Apr May Jun Jul AUQ Sep (kc Now Dec I Month I OUTPUT ReSer. Reser. Unused Flow, Storage, RW Supp. ac-tt ' ac-n W-ft 76 76 1,704 76 151 1,659 0 151 1,563 0 151 ' 1,196 0 151 752 0 151 372 . (151). 0 303 0 0 432 0 0 638 0 0 ' 979 0 0 1,527 1,489 0 0 0 12.613 ---. ----- 2.10 = peak month factor (no units) n/a = irrigation application rale (W) 9.800 = annual total demand (ac-ftlyr) 1 .00 = total suppIy/demand ratio (no units; Jul = maximum irrigation demand month Jan = minimum irrigation demand month 16.76 = maximum RW supply used (mgd) 0.00 = mimum other supply used (mgd) 0.81 = maximum reservoir inflow used (mgd) 1.61 = maximum reservoir outflow used (mgd) 151 = maximum reservoir working storage used (ac-ft) .. I Monthly Reservoir I Unused RW Supply 1.800 7 t1 F:\Prqeccs\Powell.2OM)arlsbad Ph 11.001\ReservcihRevMoSDS. 3GUlimale Appendix C EMERGENCY STORAGE MODEL RUNS , CGVL ENGINEERS IN .4SSOClATlON WITH JOHN POWELL & ASSOCIATES c- 1 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 2D: With Mahr Reservoir Seasonal and Emergency Storage SUPPLY: RW=8.00 mgd with loss of 149 ac-ft in February; Olhek0.66 mgd 'IEMAND: Current 0 5,400 ac-ftlyr TORAGE: 0 ac-ft existing Seasonal Storage, 151 ac-ft required seasonal storage Evapo- Seasonal transpir., Precip., Variation Month in in Ratio Jan da n/a 0.1 1 Feb da nla 0.1 6 Apr Jul nla da 2.1 0 Mar n/a da 0.37 n/a n/a 0.82 May n/a nla 1.37 Jun nla n/a 1.83 Aug nla n/a 1.76 SeP n/a n/a 1.51 Nov n/a nla 0.42 oct n/a nla 1.09 Dec n/a nla 0.46 TOTAL nla n/a 12.00 .-___-__. _l___---_-l------------I Project Other Total Demand, Demand, Demand, ac-ne ac-tt ac-ft 49 0 49 73 0 73 168 0 168 370 0 370 61 5 0 615 824 0 824 94s 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5,400 0 5,400 --------------- --_---________- - INPUT n/a = effectivehotal precipitation ratio (no units) n/a = irrigation efficiency (no units) a) b) c) 5.400 = annual project irrigation demand (ac-Wyr) ' 8.00 = maximum recycled water supply available (mgd: 2.00 = maximum other water supply available (mgd: d) 8.00 = maximum reservoir inflow allowed (mgd) e) 8.00 = maximum reservoir outflow allowed (mgd) f) 151 = maximum reservoir working storage available (ac-It) RW Other Total SUPPlY, supply, Supply, ac-tt ac-ft ac-ft 124 0 124 0 0 0 317 0 31 7 370 0 370 61 5 0 615 747 62 809 747 62 809 747 44 791 678 0 678 490 0 490 188 0 188 209 0 209 5,232 168 5,400 I------------- Monthly Supply I Demand n i 1 .wo I, 900 I 0 Demand Reser. Reoer. Unused Flow, Storage, RW Supp., ac-ft ' ac-ftQ sc-tt 76 76 623 (73) 2 747 1 49 151 430 0 151 377 ' 0 151 132 (1 5) 136 0 (136) (0) 0 0 (O) 69 0 0 (0) 0 0 257 0 0 559 0 0 538 0 3.733 --II- I Jan Feb Mar Apt May Jun Jul Aug Sep Oct Nm DQc Month OUTPUT 2.10 =peak mnth factor (no units) Wa = irrigation application rate ((Vyr) 5.400 = annual total demand (ac-Wyr) 1 .OO = total supply/demand ratio (no units; Jul = maximum irrigation demand month Jan = minimum irrigation demand month 8.00 =maximum RW supply used (mgd) 0.66 = maximum other supply used (mgd) 1.60 = maximum reservoir intlow used (rngd) 1.46 = maximum reservoir outflow used (mgd) 151 = maximum reservoir working storage used (ac-R) ' Jan Feb Mar npr May Jun Jul Aug Sep On Nm Dec Month F:\Prqecls\Powell.207Carlsbad Ph 11.001WeservCirWevMSDS. 20-FebEmerg Evapo- Seasonal transpir., Precip., Variation Month in in Ratio Jan nla n/a 0.1 1 Feb n/a n/a 0.16 Mar nla n/a 0.37 May nla n/a 1.37 Apr Jun nla nla 1.83 Jul da da 2.1 0 Aug n/a nla 1.76 SeP nla n/a 1.51 oct n/a n/a 1.09 Nov nla n/a 0.42 Dt?C nla nla 0.46 TOTAL nla n/a 12.00 nla n/a 0.82 _____. _I_F__-___---- ---I------- - INPUT Project Other Total RW Other Total Reser. Reser. Unused Demand, Demand, Demand, Supply, Supply, Supply, Flow, Storage, RW supp., ac-ft' ac-ft ac-ft ac-no ac-tt ac-ft ac-tt' ac-ftQ ac-ft 49 0 49 124 0 124 76 76 623 a 73 0 73 149 0 149 76 151 598 168 0 1 68 17 0 17 (151) 0 730 615 0 615 615 0 615 0 151 132 824 0 824 747 62 809 (15) 1 36 0 945 0 945 747 62 809 (136) (0) 0 791 0 791 747 44 791 0 (0) 0 678 0 678 678 0 678 0 (0) 69 490 0 490 490 0 490 0 01 257 188 0 188 188 0 188 0 0 559 209 0 209 209 0 209 0 0 538 5,400 0 5.400 5,232 168 5,400 (0) 3,734 370 0 370 521 0 521 151 151 226 --------------------____I_______________-----------------_-_-__ ___ - a) b) c) d) e) f) n/a = eflectiveAotal precipitation ratio (no units) n/a I irrigation eniciency (no units) 5,400 = annual project irrigation demand (ac-tVyr; 8.00 = maximum recycled water suppv available (mgd: 2.00 = maximum other water supply available (mgd: 8.00 = maximum reservoir inflow allowed (mgd) 8.00 = maximum reservoir outflow allowed (mgd) a) 151 = maximum reservoir working storage available (ac-It) OUTPUT 2.10 = peak month factor (no units) n/a = irrigation application rate (ft/yr) 5,400 = annual total demand (ac-WyrJ 1.00 = total supplyldemand ratio (no units: Jul = maximum irrigation demand month Jan = minimum irrigation demand month 8.00 = maximum RW supply used (mgd) 0.66 = maximum other supply used (mgd) 1.61 = maximum reservoir inllow used {mgd) 1.61 = maximum reservoir outflow used (mgd) 151 = maximum reservoir working storage used (ac-ft) . I I I I Monthly Supply I Demand Monthly Reservoir I Unused RW Supply I 1 - 'X - e a d E a - 0 > .m 900 800 700 600 500 400 300 200 100 D Jan Feb Mar Apt May Jun Jul hQ SeP On Nov Dec Month 500 400 200 loo 0 Jan Fet Mar Apr May Jun Jul Aug Sep On Nov Dec Month F:\ProjecU\Powell.Z07ar$bad Ph 11.00IWerewoifiRevMoSDS ~ ZD-MarEmerg AGREEMENT FOR SALE OF RECYCLED WATER TO THE CITY OF CARLSBAD BY THE LEUCADIA COUNTY WATER DISTRICT This RECYCLED WATER SALES AGREEMENT (AGREEMENT) is made and entered into this a-C^ day of _ P\f*rc*\ _ , 1991, by and between the Leucadia County Water District, a County Water District existing under the California Water Code, hereinafter referred to as "LEUCADIA," and the CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, hereinafter referred to as the "WATER DISTRICT." RECITALS : WHEREAS, the WATER DISTRICT is responsible for the distribution of potable water within its DISTRICT boundary; and, WHEREAS, the WATER DISTRICT and LEUCADIA recognize the use of recycledwater (treated domestic wastewater) as a positive and achievable means of helping to meet the growing water demands of Southern California in the future; and, WHEREAS, LEUCADIA operates the Forest R. Gafner Water Reclamation Plant for the treatment of domestic wastewater and which is capable of producing up to 0.75 million gallons per day (MGD) ; and, WHEREAS, the WATER DISTRICT is interested in purchasing recycled water from LEUCADIA for purveyance to ultimate users for golf course irrigation and other appropriate uses within the WATER DISTRICT'S boundary; and, WHEREAS, the California Regional Water Quality Control Board, San Diego Region (hereinafter known as REGIONAL BOARD) adopted on January 23, 1984, ORDER No. 84-10, WATER RECLAMATION REQUIREMENTS FOR THE CITY OF CARLSBAD FOR THE PURVEYANCE OF RECLAIMED WATER IN SAN DIEGO COUNTY, which permits the CITY and the WATER DISTRICT to distribute within its boundaries recycled water; and, WHEREAS, on May 4, 1987, the REGIONAL BOARD adopted ORDER NO. 87-82, WASTE DISCHARGE REQUIREMENTS FOR I-KUCADIA COUNTY WATER DISTRICT FOREST R. GAFNER WATER RECLAMATION PLANT NEAR THE CITY OF CARLSBAD. SAN DIEGO COUNTY, as an update to its previous ORDER NO. 79-35 of the same name. Order No. 87-82, in its findings, states that up to 0.75 MGD of secondary recycled water from LEUCADIA 'S Forest R. Gafner Water Reclamation Plant will be used for the irrigation of the 250-acre La Costa Golf Course within the WATER DISTRICT. The Order further states that recycled water from the plant would be chlorinated and pumped to a small lake in the La Costa Golf Course and the lake would hold the recycled water until -1- ORIGINAL \\ being repumped for irrigation. Order No. 87-82 further states that the golf course reservoir shall be at all times protected against erosion, flooding, overland runoff resulting from a 2-year frequency 24-hour storm; and that discharge of recycled water to the golf course reservoir is prohibited from November 1 through March 30. A copy of Order No. 87-82 is attached hereto and incorporated herein by this reference as Exhibit "A"; and, WHEREAS, in a letter dated August 18, 1978, the California Department of Health Services required LEUCADIA to upgrade its treatment plant to meet the most stringent provisions of Article 5, Title 22, Division 4, of the California Administrative Code (hereinafter referred to as Title 22 Requirements) prior to use of its recycled water for the irrigation of the La Costa Golf Course. A copy of said letter is attached hereto and incorporated herein by this reference as Exhibit "B"; and, WHEREAS, LEDCADIA is at present in the process of upgrading its Forest R. Gafner Water Reclamation Plant to meet the most stringent Title 22 Requirements, and is scheduled to complete this facilities upgrade by October 1993 . WHEREAS, in order for the DISTRICT to qualify for and receive state funding to upgrade the Gafner plant as referenced above, it is a requirement of the state that a commitment be made for the purchase of a minimum amount of recycled water; and, WHEREAS, it is the mutual desire of the parties hereto to establish herein an agreement for the delivery of a minimum commitment of 394 acre feet and of up to 840 acre-feet on an average annual basis of recycled water from the Forest R. Gafner Water Reclamation Plant to the WATER DISTRICT for the purposes and on the terms and conditions herein set forth, and in such a manner as to qualify LEUCADIA for the necessary state loan; and, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, WATER DISTRICT and LEUCADIA agree as follows: SECTION 1. DELIVERY AND ACCEPTANCE LEUCADIA agrees to deliver to WATER DISTRICT and WATER DISTRICT agrees to accept from LEUCADIA recycled water produced at the Forest R. Gafner Water Reclamation Plant in the quantities and on the terms and conditions specified in this AGREEMENT. SECTION 2. TREATMENT STANDARDS LEUCADIA shall treat the wastewater to be delivered to the WATER DISTRICT in conformance with the standards of the REGIONAL BOARD as specified in Exhibit "A" and as specified by the Health Department in Exhibit "B." If applicable regulatory requirements -2- are made more stringent by the San Diego Regional Water Quality Board, the California Water Resources Board, or the State Health Department such that upgraded treatment is required, LEUCADIA shall have the option to terminate its obligations under this AGREEMENT on sixty (60) days written notice to WATER DISTRICT; or to upgrade the plant to meet the new requirements subject to negotiation of the cost thereof with WATER DISTRICT. In the event that LEUCADIA chooses to upgrade the plant to meet the new requirements WATER DISTRICT shall continue to purchase recycled water as herein provided following the upgrade. SECTION 3. QUANTITY TO BE DELIVERED LEUCADIA shall operate the Forest R. Gafner Water Reclamation Plant so as to produce up to 0.75 million gallons per day (MGD) , of recycled water for delivery to WATER DISTRICT under this AGREEMENT, consistent with sound management practices, applicable government regulations and requirements, and commitments to other customers, if any. The parties hereto understand that the volume of recycled water that will be delivered to WATER DISTRICT will be about 394 acre-feet per year, but that the actual volume per year will vary according to seasonal needs for irrigation water. The parties further understand and accept the fact with no liability to LEUCADIA that there may be day to day interruptions in service due to plant emergencies requiring occasional plant shut-down and repair associated with acts of God, orders by regulatory bodies and judicial courts, and/or equipment breakdowns. The General Managers or their Designee of the WATER DISTRICT and LEUCADIA shall meet monthly to establish a schedule for delivery of recycled water. LEUCADIA and WATER DISTRICT shall make every reasonable effort to comply with such delivery schedules once mutually accepted. WATER DISTRICT agrees to accept a minimum of 394 acre feet of recycled water per year. If WATER DISTRICT accepts and pays for more than 394 acre feet of recycled water in any given year, WATER DISTRICT shall be entitled to a carry forward credit for every acre foot (or portion thereof) so purchased over the 394 acre foot minimum. Such carry forward may be applied in future years to meet the 394 acre foot minimum purchase requirement. It is recognized that LEUCADIA must have a commitment to a minimum purchase in order to meet the requirements of its state loan to upgrade the Gafner plant. In the event that WATER DISTRICT decides to purchase additional recycled water from LEUCADIA, WATER DISTRICT shall inform LEUCADIA of its desire to increase the quantity of recycled water purchased. WATER DISTRICT shall have those rights of first refusal to purchase additional water set forth in Section 11. -3- SECTION 4. MWD OR OTHER REBATE Any rebate or other incentive payment from the Metropolitan Water District (MWD) or from any other governmental agency now available or available at any time in the future for this recycled water project shall be secured by and be the responsibility of LEUCADIA. SECTION 5. METERS LEUCADIA shall be responsible for installing and maintaining a flow meter at the Forest R. Gafner Plant that will measure the quantity of recycled water supplied to the WATER DISTRICT pursuant to this AGREEMENT. LEUCADIA shall be responsible for operating, maintaining, calibrating, and reading this flow meter on a regular basis. LEUCADIA shall read and report to WATER DISTRICT meter results no less than once per month. Results of calibrations shall be copied to the WATER DISTRICT on a regular basis. SECTION 6. OWNERSHIP. OPERATION. AND MAINTENANCE. LEUCADIA shall have no responsibility for owning, operating, or maintaining the recycled water storage and distribution system, except for downstream of the point of delivery as shown on Exhibit "C." All facilities and equipment beyond the point of delivery shall be the responsibility of WATER DISTRICT and the ultimate user, as they shall agree amongst themselves. Both parties to this AGREEMENT shall grant each other necessary easements and rights of way to operate and maintain the reclamation facilities described herein on lands they control, and each shall assist the other to obtain easements or rights of way on lands controlled by other entities not subject to this AGREEMENT. WATER DISTRICT will arrange for necessary easements in favor of LEUCADIA for the construction, installation, and maintenance of facilities required to deliver recycled water to the point of delivery as shown on Exhibit "C," to the extent that such easements do not already exist. SECTION 7. RRCYCT.ED WATER QUALITY LEUCADIA shall use its best good faith efforts to ensure that the recycled water delivered to WATER DISTRICT shall have a quality meeting the standards and approvals herein specified. LEUCADIA represents and warrants that it will meet the following requirements: a. LEUCADIA will do all testing as required by the terms of its permits, on the schedule specified in the permits; b. All recycled water delivered pursuant to this AGREEMENT will meet the standards stated in Exhibit "A"; -4- c. LEUCADIA will not substantially change any of its treatment practices in a manner which will cause a decrease in water quality of the recycled water without notifying WATER DISTRICT in advance. Both parties to this AGREEMENT understand that the presence of dissolved minerals in the recycled water and other substances in higher concentrations can be deleterious to the plants irrigated with such water. LEUCADIA agrees to do everything reasonably within its power to ensure that the quality of the recycled water it delivers pursuant to this AGREEMENT will not be harmful to the golf course areas to be irrigated. These efforts shall include a ban by LEUCADIA of self-regenerization water softening equipment within LEUCADIA'S boundaries as outlined in Ordinance 10, attached hereto as Exhibit HD." LEUCADIA shall further mail annual notices to residents and vendors of water softening equipment notifying them of the prohibition against self-regenerization water softening equipment. Both parties further agree that failure to supply recycled water with a TDS concentration less than 1,000 milligrams per liter (mg/l) as determined in conformance with the methodology specified in the project's waste discharge permit may be sufficient grounds for CITY to suspend its obligation to accept and pay for recycled water until the recycled water quality is restored to less than 1,000 (mg/l) TDS. The parties recognize during periods of drought LEUCADIA may experience lower flows as a result of conservation efforts. However, the amount of solids received would not decrease and could cause the TDS levels to rise. During such drought periods as designated by the WATER DISTRICT the parties agree recycled water with a TDS concentration of no more than 1,200 mg/l will be an acceptable quality under the terms of this agreement. SECTION 8. USE OF RECYCLED WATER The WATER DISTRICT agrees that the use of recycled water delivered pursuant to this AGREEMENT shall be confined to the boundaries of Carlsbad. SECTION 9. RECYCLED WATER DELIVERY PRESSURE Recycled water delivered by LEUCADIA to WATER DISTRICT shall be at no guaranteed minimum pressure, provided LEUCADIA will pump to the La Costa Lake. SECTION 10. COMPLIANCE WITH REGULATORY REQUIREMENTS WATER DISTRICT agrees to comply with all applicable recycled water distribution regulations issued and/or mandated by the California Department of Health Services, the County of San Diego -5- Department of Health, and the REGIONAL BOARD. WATER DISTRICT shall be responsible for insuring that all users of recycled water within WATER DISTRICT'S jurisdiction shall first apply for and receive California Water Reclamation Requirements issued by the REGIONAL BOARD, and that all users shall be made to comply with WATER DISTRICT'S most up-to-date recycled water RULES AND REGULATIONS. LEUCADIA shall bear no responsibility or liability for compliance with such rules and regulations by WATER DISTRICT, the ultimate user, or anyone else beyond the point of delivery as shown on Exhibit "C." SECTION 11. PRICE OF RECYCT.TCD WATTCP WATER DISTRICT shall pay LEUCADIA for all recycled water delivered by LEUCADIA pursuant to this AGREEMENT with the minimum purchase in any given year being 394 acre feet, adjusted to take into account the WATER DISTRICT'S right to carry forward credits as provided for in paragraph three above. The basic price payable by WATER DISTRICT to LEUCADIA shall be ninety-nine percent (99%) of the retail potable water price charged to residential users within the WATER DISTRICT boundary. WATER DISTRICT shall have a right of first refusal to purchase additional recycled water from LEUCADIA on the following terms: a. The price and payment terms shall be as set forth in this Agreement; b. WATER DISTRICT'S right of first refusal shall be subject to any official policy or policies established by LEUCADIA, by ordinance or resolution, in effect at the time governing priority of access to recycled water; c. WATER DISTRICT shall give LEUCADIA at least 30 days advance notice of its intent to exercise, in whole or in part, its rights of first refusal; and d. WATER DISTRICT'S rights are subject to LEUCADIA'S recycled water availability. SECTION 12. TERMS OF PAYMENT WATER DISTRICT shall be invoiced by LEUCADIA for recycled water delivered to WATER DISTRICT at least quarterly, but no more frequently than monthly, and WATER DISTRICT agrees to pay LEUCADIA for such deliveries within 30 days of receipt of an invoice from LEUCADIA for such purchases.. In the event payment is more than 30 days in arrears, LEUCADIA reserves the right to stop delivery of recycled water until payment is made, or to charge a penalty of one percent (1%) per month on delinquent amounts, or to specifically enforce WATER DISTRICT'S payment obligations pursuant to Section 19 hereof. -6- SECTION 13. ACCESS TO RECORDS LEUCADIA and WATER DISTRICT shall keep proper books and records, in which complete and correct entries shall be made of all recycled water delivered throughout the duration of this AGREEMENT. Said books and records shall, upon written request, be subject to inspection by any duly authorized representative of LEUCADIA, WATER DISTRICT, and the REGIONAL BOARD or any agency providing a rebate to LEUCADIA. SECTION 14. NOTICE Notices required or permitted under this AGREEMENT shall be sufficiently given if in writing and if either served personally upon the party to whom it is directed or by deposit in the United States mail, postage prepaid, certified, return receipt requested, addressed to the parties at the following addresses: a. WATER DISTRICT General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 b. LEUCADIA General Manager Leucadia County Water District 1960 La Costa Avenue Carlsbad, CA 92009 It shall be the sole responsibility of each party to this AGREEMENT to promptly notify the other of any change of title and/or address as long as this AGREEMENT remains in effect. SECTION 15. ASSIGNMENT The rights and obligations of the parties under this AGREEMENT shall not be assigned, or transferred without the prior written consent of the other party, which consent shall not be unreasonably withheld. SECTION 16. EFFECTIVE DATE This AGREEMENT shall become effective upon the date at which it is executed by both parties hereto. SECTION 17. TERMINATION OF AGREEMENT The term of this AGREEMENT shall be twenty (20) years, subject to the rights of the parties to an earlier termination as provided in SECTION 18 hereof. This AGREEMENT shall continue in force from year to year after the initial twenty-year term of the AGREEMENT -7- until either party gives one year written notice to the other of its intention to terminate or renegotiate the AGREEMENT. The AGREEMENT shall terminate one year from the date upon which such written notice is received unless the parties agree otherwise, in writing. SECTION 18. EARLY TERMINATION a. T.TOrAniA Termination. If at any time during the term of this AGREEMENT recycled water in compliance with the quality standards of Section Seven of this AGREEMENT cannot lawfully be used by WATER DISTRICT for the purposes intended by this AGREEMENT, because of government regulations now in effect or hereinafter imposed, LEUCADIA may terminate this AGREEMENT with no further obligation by giving sixty (60) days written notice thereof to WATER DISTRICT, or at LEUCADIA 'S option, specifically enforce WATER DISTRICT'S obligations pursuant to Section 19 hereof. b. WATER DISTRICT Termination. WATER DISTRICT shall be entitled to terminate this AGREEMENT early for an act of God or if LEUCADIA fails to deliver recycled water to WATER DISTRICT meeting the quality standards of Section Seven hereof. Provided, however, that WATER DISTRICT must first give LEUCADIA written notice of any alleged deficiency in the recycled water quality and a minimum sixty (60) day period to cure the problem, or longer if a longer cure period is reasonably required. If WATER DISTRICT gives such notice and LEUCADIA fails to cure the problem within the 60 day cure period, or if a longer period is reasonably necessary and LEUCADIA is not diligently pursuing a cure, WATER DISTRICT may upon thirty (30) days further written notice terminate this AGREEMENT with no further obligation on its part. So long as the recycled water meets the quality standards provided for herein, or in the event of a change in standards or a decline in quality, so long as LEUCADIA is diligently endeavoring to meet the new standards or cure the quality problem, and provided that LEUCADIA does in fact cure the problem as provided above, WATER DISTRICT shall not have a right to terminate this AGREEMENT. However, the WATER DISTRICT reserves the right to refuse delivery of recycled water and payment thereof, until the quality again meets all previously stated standards . SECTION 19. SPECIFIC PERFORMANCE. In recognition of the fact that LEUCADIA has made a long term capital commitment to this project and has undertaken a long term loan committment with the State related thereto, and in recognition of the fact that WATER DISTRICT is making a long term commitment to the project, the parties agree that specific performance shall be available to enforce the obligations of the parties hereunder, including LEUCADIA 'S obligation to deliver recycled water as required hereunder and WATER DISTRICT'S obligation to accept and pay for the same. The parties agree that specific performance shall be available as a remedy in addition to any other available remedy. The parties expressly agree that money damages for a breach is an inadequate remedy. SECTION 20. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire understanding between the parties hereto with respect to the subject matter hereof superseding all negotiations, prior discussions and preliminary agreements and understandings, written or oral. This AGREEMENT shall not be amended, except by written consent of the parties hereto, and no waiver of any rights under this AGREEMENT shall be binding unless it is in writing signed by the party waiving such rights. In the event any provision of this AGREEMENT shall be held to be invalid and unenforceable, the other provisions of this AGREEMENT shall be held to be valid and binding on the parties hereto. SECTION 21. BINDING EFFECT. This AGREEMENT shall be binding upon the parties hereto and their respective successors in interest, permitted assigns, executors, administrators, and personal representatives. SECTION 22. LIABILITY AND INDEMNIFICATION. LEUCADIA assumes all liability for damage to persons or property caused by the recycled water prior to the time that it reaches the point of delivery as designated on Exhibit "C" hereto. LEUCADIA agrees to indemnify, defend, and hold harmless WATER DISTRICT, its officers, agents, and employees from any and all claims, demands, actions, liability or loss which may arise from LEUCADIA'S storage, use, treatment or delivery of the treated effluent prior to the time it passes the point of delivery. In addition, LEUCADIA agrees to assume all liability for damage to persons or property caused in any manner by the delivery of water which does not meet the quality standards of Section Seven hereof. WATER DISTRICT assumes all liability except as defined in the preceding paragraph for damage to persons or property caused in any manner by the recycled water once it passes the point of delivery as shown on Exhibit "C" hereto. WATER DISTRICT agrees to indemnify, defend, and hold harmless LEUCADIA, its officers, agents, and employees from any and all claims, demands, actions, liability or loss which may arise from WATER DISTRICT'S storage, use, or delivery of recycled water after it passes the point of delivery. WATER DISTRICT understands that the product being sold by LEUCADIA is treated waste water effluent and that its purity and chemical composition cannot be guaranteed by LEUCADIA beyond LEUCADIA'S obligation to meet the quality standards of Section -9- Seven hereof. WATER DISTRICT acknowledges that no warranty or other representation as to the physical, chemical, or biological quality of the recycled water is made by LEUCADIA, except for LEUCADIA1 S obligation to meet the quality standards of Section Seven hereof. SECTION 23.ATTORNEY'S FEES If any Court action is brought to enforce or interpret the provisions of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees and expert witness fees, which may be set by the Court or arbitrator in the same action brought for that purpose, in addition to any other relief to which may be granted. SECTION 24.VENUE In the event of any disagreement as to the interpretation, effect, enforceability, or the rights of the parties under this AGREEMENT, such dispute shall first be addressed by negotiation between the parties. In the event that the parties cannot resolve their disagreement by negotiation, either party, upon written notice, may request mediation or arbitration before the American Arbitration Association. Such mediation or arbitration shall be non-binding and shall be held in North County. SECTION 25.PARTIES TO BEAR OWN COSTS OF MAINTAINING PERMITS. LEUCADIA and the WATER DISTRICT shall each, respectively, pay all costs of maintaining their own permits to carry out the project. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and be effective on the date first above mentioned. LEUCADIA:WATER DISTRICT ATTEST:ATTEST: fifeneral Manager Date: City Clerk Date; (Doc:LCWD010.cln/E.4-3) (Rev. 3/07/91)-10- CALIFORNIA REGIONAL WATER QUALITY CONTROL 30ARD SAN DIEGO REGION ORDER NO. 87-82 HASTE DISCHARGE REQUIREMENTS FOR LEUCADIA COUNTY WATER DISTRICT FOREST R. GAFNER WATER RECLAMATION PLANT NEAR THE CITY OF CARLSBAD SAN DIEGO COUNTY The California Regional' Water Quality Control Board, San Diego'Region (herein- after Regional Board), finds that: 1. On May 21, 1979, this Regional Board adopted Order No. 7S-35, Vaste Discharge Requirements for Leucadia County Hater District Forest R. Gafner Voter Reclamation Plant ':lscr City of Carlsbcd. Order No. 79-35 established requirements for the disposal of treated domestic sewage by irrigation of the 250 acre La Costa Golf Course. 2. On June 29, 1981, this Regional Board adopted Addendum No. 1 to Order No. 79-35, An Addendum Modifying Order No. 79-35 to Allov for Seduced Flood Protection for the La Costa. Golf Course Lake for tne Leucadia County Water District Forest R. Gafner Voter Beclanction Plant Sear the City of Carlsbad^ San Diego County. Addendum No. 1 to Order No. 79-35 acended Discharge Specifications B.10 and B.ll as follows: "10. All waste treatment, containment and disposal facilities with the exception of irrigation areas and the La Costa Golf Course reservoir, shall be protected against 100-year peak stream flows as defined by the San Diego County floor control agency. "11. All waste treatment, containment and disposal facilities with the exception of irrigation areas and the La Costa Golf Course reservoir, shall be protected against erosion, overland runoff and other impacts resulting from a 100-year frequency 24-hour storta." Addendum No. 1 to Order Ho. 79-33 also added two new Discharge Specifications B.17 and B.13 which are as follows: "17. The La Costa Golf Course reservoir shall be at all tices protected against erosion, flooding, overland runoff resulting from a 2-year frequency 2^-hour storm. "13. The discharger is prohibited from discharging treated uastewater effluent to the La Costa Golf Course reservoir from November 1 through March 30. Prior to EXHIBIT "A" Order So. 87-82 -2- HoveT:cr 1, the discharger shall cer.plete the 7-day schec.le of withdrawing approximate'.)' 99 percent of the vastewater contained in the pond and replacing the vastewater with potable water as described in the findings of this Addendum," 3. As a part of the ?Y 1986/87 Waste Discharge Order Update program. Order No. 79-35 and Addendum thereto have been reviewed by Regional Board staff in accordance with criteria established in the Administrative Procedures Manual adopted by the State Water Resources Control Board. As a result of this review, it has been deter dined that no major changes are necessary in the requirements established by Order Ko. 79-35 and Addendum thereto. This Order, which supersedes Order No. 79-35 and Addendum thereto, consolidates and oalc.es minor editorial changes in the findings, requirements, and monitoring and reporting program of Order Ko. 79-35 and Addendum thereto. The findings which follow are, for the most part, findings taken from Order Ko. 79-35 and Addendum thereto which outline the history of and basis for the requirements established for the discharge of reclaimed wastewater from the Leucadia County Water District Forest R. Gafner Water Reclamation Plant to the La Costa Golf Course. 4. Mr. Richard £. Hanson, Secretary-Manager, Leucadia County Water District (LCVD), submitted an incomplete Report of Waste Discharge dated March 16, 1979, proposing to reactivate the existing Forest R. Gafner Water Reclama- tion Plant to provide up to 0.75 million gallons per day (MGD) of secondarily treated vastewater for the irrigation of the 250-acre La Costa Golf Course which is located within the City of Carlsbad in San Diego County. After receipt of additional inforaation requested by staff, the complete Report of Waste Discharge was accepted on May 10, 1979. 5. The LCWD proposes to operate the treatment plant similar to the manner it was operated before it was taken out of service in 1975. Effluent from the plant would be chlorinated and pumped to a small lake in the La Costa Golf Course; the lake would hold the effluent until being repumped for irrigation. 6. The LCWD reports that the treatment facility has been operational since November 1977, treating between 0.35 and 0.75 MGD to provide flow equalization for the existing (low capacity) 12-inch and 14-inch force mains to the Encina Joint Powers Regional Sewerage Agency (JPRSA) treatment and disposal facilities. A new 24-inch raw sevage force main has been constructed and should be operational in the near future. 7. The discharger reports that a fail-safe connection to the Encina JPRSA's ocean outfall will be constructed utilizing the LCWD existing 12-inch and 14-inch force mains. The fail-safe connection to the ocean outfall would be used to dispose of effluent when irrigation of the La Costa Golf Course could not occur. Ord«r Vo. »7-82 -3- 8. The LCVD reports that if the District do«s act contract with the L* Costa Lind Company for reclaimed water UM or if the contract is terminated in th« future, then the fail-safe connection to the Encina JPRSA ocean outfall would be used on a continual basis. 9. By letter dated April 19, 1979, Mr. Us Evans, General Manager, Encina JPRSA, reported that the Encina Joint Advisory Committee considered the question of use of the ocean outfall as » fail-safe effluent disposal system for upstream treatment plants. Mr. Evans reported that the Cornedttee unanimously agreed that the ocean outfall could be utilized to the extent of each agencies' ownership. The discharge by the LCVD to the Pacific Ocean via the Encina Ocean Outfall is currently regulated by this Regional Board's Order No. 84-35 (HPDES Permit No. CA010739S). 10. The LCVD proposes to treat Green Valley area vastewater in the treatment plant since this area produces vastewater with a lower total dissolved solids (IDS) concentration than the La Costa drainage portion of the District. The LCVD reports that an effluent containing approximately 1,000 milligrams per liter (mg/1) would be produced. The LCVD reports that existing Ordinance No. 10 prohibits the discharge of self- regenerated water softener brine into the sewerage system thus helping to ensure continued low TDS effluent. 11. The discharger reports that the golf course reservoir vill be protected from flooding from • 100-year frequency stream flow in San Marcos Creek by a grassy earth berm. This feature would prevent the reservoir contents from entering San Marcos Creek and Batiquitos Lagoon during stora conditions. 12. The LCVD proposes to discharge solids collected and generated in the treat- ment process to the nev raw sewage force main for treatment at the Encina JPRSA* s treatment plant. 13. The discharger reports that the treatment plant would be upgraded with the installation of odor controlling covers around the headworks, the primary clarifier, and trickling filter. Air from these three covers would be collected and treated in a soil filter bed to destroy offensive odors. In addition, back-up activated carbon odor removal facilities would be provided as a fail-safe odor control measure. The Leocadia Pwp Station vents would also be piped to the air treatment facility. 14* The Report of Waste Discharge did not adequately address the wmstewater reuse area. Additional Information needed includes soil permeability, wastew«ter application rates, sprinkler layout, detailed description of areas of use, and degree of public contact. The LCVD has been informed of the need for this additional information before the discharge can be initiated. As a result, the Regional Board itaff in cooperation with the State and County Health Department staffs vill review and approve the specific disposal concepts, including ability of the foil to accept the discharge and whether the proposed degree of treatment it adequate. The LCVD has been notified that this information could reveal that the discharge to the golf course cannot be initiated. Order No. 87-82 15. The discharger reports chat water is supplied to the area tributary to the reclamation plant by the Olivenhain Municipal Water District. 16. The Forest R. Gafner Water Reclamation Plant and La Costa Golf Course are located near the banks of San Marcos Creek immediately upstream of Batiquitos Lagoon, Sections 35 and 36, T12S, R4W, S3B&M. The vastewater reclaaation project is located in an area with no ground water quality objectives in the Batiquitos Kydrologic Subarea of the San Marcos Hydro- logic Subunit of the Carlsbad Bydrologic Unit. 17. The Comprehensive Hater Quality Control Plan Report, San Diego Basin O) (Basin Plan), was adopted by this Regional Board on March 17, 1975; approved by the State Water Resources Control Board (State Board) on March 20, 1975; and* updated by the Regional Board on February 27, 1978; March 23, 1981; January 24 and October 3, 1983; August 27, 198A, and December 16, 1985. The 1978, 1981, 1983, 1984 and 1985 updates were subsequently approved by the State Board. 18. The Basin Plan established the following objectives for surface and ground waters in the San Marcos Bydrologic Subunit: Concentrations not to be exceeded more than 10 percent of the tine Constituent Total Dissolved Solids Chloride Percent Sodium Sulfate Nitrate Nitrogen and Phosphorus Iron Manganese Methylene Blue Active Substances Boron Dissolved Oxygen Odor Turbidity Color Fluoride Surface 500 250 60 250 — -** 0.3 0.05 0.5 0.5 *** None 20 20 1.0 water mg/1 mg/1 mg/1 mg/1 Bg/1 mg/1 mg/1 NTU Units mg/1 Ground 1000 400 60 500 10 — —0.05 0.5 0.5 None 5 15 1.0 Water* og/1 mg/1 mg/1 ag/1 og/1 mg/1 mg/1 NTU Dnits mg/1 The ground water objectives do not apply between Highway 78 and El Canino Real, westerly of the easterly boundary of Interstate Highway 5 and to all lands which drain to Moonlight Creek and Encinitas Creek. Note: NTU - Nephelo«etric Turbidity Units Or««r *o. 17-12 •* Concentrations of nitrogen and phosphorus, by themselves or In combination with othtr nutrients, shall be maintained ac levels below those which stimulate a If at and eoergent plaat growth. Threshold total phosphorus (P) concentrations shall not txct«d 0.03 «f/l la any stream ac the point wh«r« It tattrs *oy staodlng body of water, oor 0.023 mg/l In any standing body of water. *** Klo«ty percent or acre of natural seasonal Binlajue) oxygen concen- tration and sore than 3.0 mg/l maintained at least 90 percent of the time. 19. The Basin Plan also contains the following prohibitions applicable to the proposed discharge: "Discharge of treated or untreated sewage or industrial wastevater, exclusive of cooling water or other waters which are chemically unchanged, to a watercourse, is prohibited except in cases where the quality of said discharge complies with the receiving body's water quality objectives. "Discharging of treated or untreated sewage or Industrial wastes in such manner or volume as to cause sustained surface flow or ponding on lands not owned or under the control of the discharger is prohibited except in cases defined in the previous paragraph and in cases in which the responsibility for all downstream adverse effects is accepted by the discharger." 20. Surface waters in the San Marco* Bydrologic Sobunit are beneficially osed for: a. Agricultural supply b. Be tar contact racrta.tioa c. Ronvftter contact recreation d. Han frmshvatar habitat e. Hildlif. habitat f. Preservation of rare and endangered species 21. Ground waters in the San Marcos Hydrologic Subunit are beneficially used for: a. Municipal and domestic supply b. Agricultural supply c. Industrial sendee supply 22. The discharge of reclaimed vastewater from LCVD Forest R. Gafner Water Reclamation Plant to the La Costa Golf Course for irrigation will not unreasonably affect the present and anticipated beneficial uses of surface or groundvater located at, or down gradient of, the irrigation area. Also the discharge will not cause any violation of groundvater objectives as identified in the Basin Plan. In light of the Above iaforaation, it has been determined that the discharge as regulated by this Order is consistent with the State Water Resources Control Board Resolution 68-16 Stateaent of Policy vich Respect to maintaining High Quality of Utters In California 23. The LCVD has prepared a final environmental impact report In accordince with the California Environmental Quality Act (Public Resource! Code Section 21000 et seq.) and the State Guidelines. 24. The project as approved by the LCVD would have the following significant effects on the environment: a. The growth within the District's serrice area will be dictated largely by the following plans and document*: San Ditjulto Community Plan; City of Carlsbad Central Planj La Costa Master Development Plan; legiooal Growth Management Plan; Local Coastal Program--San Diegulto; Air Quality Strategies; and Areawide Water Quality Management Plan. The provision of an additional 0.75 MGD of sewer capacity is only one of many influence* that would shape land use. The District has existing commitments for the 0.75 MCD capacity and no new commitments would be made in connection with the proposed reclamation project. b. Energy consumption of the area would increase with the population growth provided by the reactivation of the water reclamation system. 25. The LCVD reports that no practical methods are available to prevent the increases in energy consumption and growth resulting from the proposed project. Adherence to land use strategies previously mentioned (finding 23 (a)) for the LCVD service area should mitigate excess and uncontrolled growth and development in the LCUD. 26. The Regional Board, in establishing the requirements contained herein, considered factors including, but not limited to the following: a. Beneficial uses to be protected and the vater quality objectives reasonably required for that purpose; b. Other waste discharges z. The need to prevent nuisance; d. Past, present and probable future beneficial uses; e. Environaental characteristics of the hydrographic unit under consideration, including the quality of water available thereto; f. Water quality conditions that could reasonably be achievec through the coordinated control of all factors whicn affect vater quality in the area; g. Econoaic considerations; and h. The need for developing housing within the Region. 27. This facility is an existing facility and as such is exempt froa the provisions of the California Environnental Quality Act, in accordance with Title 14, California Administrative Code, Chapter 3, Article IV, Section 15301. 28. The Regional Board has considered all vater resource related environoental factors associated with the discharge of waste. 29. The Re?.ioncl ioard has notifies the discharger and ill inovr. interested parties of its intent to update waste discharge requireaents for the discharge. 30. The 3e-.iunal 3o*rii in a public r.eetinp he;rd and considered all comments to the c' Order Iks. 17-12 -7- IT IS BZXZtT OXDEXED, Th*C the Leucadia County Water District (hereinafter discharger), in order to meet the provisions contained in Division 7 of the California Vater Cod* and regulations adopted thereunder, shall comply with the following: A. 1. Discharges of wattes, including windblown spray and runoff of effluent applied for irrigation, to lands which have not been specifically described to the Regional Board and for which valid waste discharge requirements are not in force are prohibited. 2. The discharge of any radiological, chemical or biological warfare agent, or high-level radiological waste is prohibited. 3. The disposal of vastevater in a manner that would result in ponding or surfacing of vastevater on lands beyond the disposal area, as described in the findings of this Order, is prohibited. 4. The discharge of vastevater or sludge shall not: a. Cause the occurrence of coliform. or pathogenic organisms in waters pumped from the basin; b. Cause the occurrence of objectionable tastes and odors in water pumped from the basin; c. Cause waters puaped from the basin to foam; ..... d. Cause the presence of toxic materials in waters puaped from the basin; e. • Cause the pH of waters pumped from the basin to fall below 6.0 or rise above 9.0; f. Cause this Regional Board's objectives for the ground or surface waters of the San Marcos Hydrologic Subunit as established in the Basin Plan, to be exceeded; g. Cause odors, septicity, mosquitos or other vectors, weed growth or other nuisance conditions in San Harcos Creek or its tributaries; or h. Cause a surface flow recognizable as sewage in San Harcos Creek or its tributaries. 5. The discharge of a waste flow volume in excess of 0.75 HGD is prohibited unless the discharger obtains revised waste discharge requirements for the proposed increased flow. "Order No. 87-82 -8- 6. Odors, vectors, and other nuisances of sewage or sewage sludge origin beyond Che limits of the treatment plant site or disposal area are prohibited. 7. The bypassing of untreated or partially treated vastewater from the vastevater treatment facility or any intermediate unit process is prohibited. 8. The discharge of waste in a manner other than as described in the findings of this Order is prohibited unless the discharger obtains revised waste discharge requirements that provide for the proposed change. 9. The discharge of treated or untreated vastewater to San Marcos Creek or its tributaries is prohibited. 10. Land.disposal of vastewater by irrigation in areas for which water reclanation requirements have not been issued is prohibited. Disposal of vastevater to land other than as authorized by vaste discharge requirements issued by this Regional Board is prohibited. Disposal of vastevater to vaters of the United States other than as authorized by an KPDES permit issued by this Regional Board is prohibited. B. DISCHARGE SPECIFICATIONS \. Concentrations of mineral constituents in the discharges from the vastevater treatment plant shall not exceed the following: Increment over Constituent water supply* Total Dissolved Solids 400 mg/1 Chloride 200 mg/1 Sulfate 100 mg/1 Sodium 200 mg/1 * This requirement is based on quarterly analysis of the vater supply of the area tributary to the treatment plant and disposal facilities. 2. All vaste treatment, containment and disposal facilities vith the exception of irrigation areas, and the La Costa Golf Course reservoir shall be protected against 100-year peak stream flows as defined by the San Diego County flood control agency. 3. All vaste treatment, containment and disposal facilities vith the exception of irrigation areas, and the La Costa Golf Course reservoir shall be protected against erosion, overland runoff, and other impacts resulting from a 100-year frequency 24-hour storm. 4. Collected screenings, sludges, other solids removed from liquid wastes, and ff'sr backwash shall be disposed o* in a manner approved by th Zxecutiv* Officer of th* Region . Board. Ordvr Ho. 17-92 -9- 5. Effluent used for irrigation shall conform vith all applicable provisions of California Administrative Code, Title 22, Diviiion 4, Chapter 3 (V**t»v*ttr A*cl*mtelon Crlttrlt) ia its present fora or as it may be amended. 6. Adequate facilities shall be provided to contain or dispose of effluent during wet weather periods and other periods when irriga- tion demand is less than the reclaimed water supply. 7. Effluent used in recreational impoundments shall at all times conform with the provisions of Article 5, Title 22, Division 4, of the California Adnianistrative Code in their present form or as they •ay be amended. 8. Sampling of effluent shall at least be conducted as specified in Article 6, Title 22, Division 4, of the California Administrative Code in it> present fora or as 'it may be amended. 9. The La Costa Golf Course reservoir shall be at all times protected against erosion, flooding, overland runoff resulting from a 2-year frequency 24-hour storm. 10. The discharger is prohibited from discharging treated vastevater effluent to the La Costa Golf Course reservoir from November 1 through March 30. Prior to November 1, the discharger shall complete the 7-day schedule of withdrawing approximately 99 percent of the wastevater contained in the pond and replacing the vastewater vith potable water as described in the findings of this Order. 11. The monthly average concentration of Sday 20* Centigrade biochemical oxygen demand in the discharge to the irrigation or storage facilities or to the ocean outfall shall not exceed 30 mg/1 as determined from a 24-hour propbrtioned-to-flow composite sample. The daily maximum concentration shall not exceed 50 mg/1 as determined in any single grab sample or 24-hour composite sample. 12. The concentration of suspended solids in the discharge to the irrigation or storage facilities or to the ocean outfall shall not exceed 30 mg/1 as determined from a 24-hour proportiooed-to-flov composite sample. The daily maximum concentration shall not exceed 50 mg/1 as determined in any single grab sample or 24-hour composite sample. 13. The storage pond shall be so managed that a dissolved oxygen concentration of not less than 2.0 mg/1 is maintained in it at all times. C. PROVISIONS 1. Neither the treatment nor the discharge of waste shall create a pollution, contamination or nuisance, as defined by Section 13050 of the California Water Code. Order No. 87-82 -10- 2. Reclaimed water shall not be supplied to parties who use, transport, or store such water in a manner which causes a pollution, contam- ination or nuisance, as defined by Section 13050 of the California Water Code. 3. The discharger 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 (a) enforcement action; (b) termination, revocation and reissuance, or modification of this Order; or (c) denial of a Report of Waste Discharge renewal appli- cation. 4. In an enforcement action, it shall not be a defense for the discharger that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies for example, when the primary source of power of the treatment facility fails, is reduced, or is lost. 5. The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncomplylng discharge. 6. The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the discharger to achieve compliance with conditions of this Order. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls Including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Order. 7. This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order; b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorlted discharge. The filing of a request by the discharger for the modification. Or4«r fe. 17-82 -11- ravocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not itay any condition of thia Order. 8. Thia Order it not traaaferrable to any person except after notice to the Executive Officer. The Regional Board may require modification or revocation and reiaauance of thia Order to change the oame of the discharger and incorporate such other requirements as aay be neceaaary under the California Water Code. The discharger shall aubmit notice of any proposed tranafer of thia Order's responsi- bility and coverage to a new discharger as described under Reporting Requirement D.3. 9. 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 discharger from liability under federal, state or local lavs, nor create a vested right for the discharger to continue the waste discharge. 10. The discharger shall allow the Regional Board, or an authorized representative upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the discharger's premises where a regulated facility or activity is located or conducted, or where records must be 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; 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. 11. The discharger's wastewater treatment facilities shall be supervised and operated by persons possessing certificates of appropriate grade pursuant to Chapter 3, Subchapter 14, Title 23 of the California Administrative Code. 12. A copy of this Order shall be maintained at the Leucadia County Water District Forest R. Cafner Water Reclamation plant and shall be available to operating personnel at all times. 13. The requirements prescribed by this Order supersede the requirements prescribed by Order No. 79-35 and Addendum thereto. Order So. 79-35 and Addendum thereto are hereby rescinded when this Order beco-mes effective. 'Order No. 87-82 -12- 14. The provisions of this Order are severable, and if any provision of this Order, or Che application of any provision of this Order to any circumstance, it held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 15. The potable water supply shall not be used to supplement the reclaimed water supply except through an approved air gap. In other mreas where the potable water supply is piped to premises where sewage is pumped, treated or reclaimed (i.e., sewage treatment planta or pumping stations, golf course, etc.) the potable water supply shall be protected at the property line in accordance with the State Department of Health Services' Regulations Relating to Cross-Connections. 16. All irrigation with reclaimed water shall be done by the discharger or by parties which have obtained authorization from the discharger and water reclamation requirements from this Regional Board. 17. Reclaimed water shall only be supplied to and used in areas for which valid waste discharge requirements, as established by this Order and subsequent addenda, are in force. Prior to using reclaimed water or supplying reclaimed water for use by other parties in any manner or in any area other than as described in the findings of this Order, the discharger shall obtain proper author- ization from this Regional Board. The discharger shall not supply reclaimed water to any party until and unless such party obtains water reclamation requirements from this Regional Board. 18. Reclaimed water use shall be in conformance with Guidelines for Use of Reclaimed Water for Irrigation and Impoundments and Guidelines for Vorker Protection at Vater Reclamation Use Areas prepared by the State Department of Health Services. 19. If the discharger is supplying reclaimed water for use by other parties, the discharger shall establish rules and regulations governing the design and operation of reclaimed water use facili- ties. The rules and regulations shall be developed in conformance with Guidelines for Use of Reclaimed Vater for Irrigation and Impoundments and Guidelines for Vorker Protection at Vater Reclama- tion Use Areas prepared by the State Department of Health Services. 20. If the discharger is using reclaimed water, the discharger shall designate a reclaimed water supervisor responsible for the reclaimed water system at each use area under the discharger's control. If the discharger is supplying reclaimed water for use by another party, the discharger shall require that each such user designate a reclaimed water supervisor responsible for the reclaimed water system at each use area under the user's control. Reclaimed water supervisors should be responsible for the installation. Order Ho. 17-12 -13- operation, and maintenance of the irrigation system, enforcement of rules *nd regulations, prevention of potential hazards, and mainten- ance of tht distribution ay at** plana in "as-built" for*. D. REPORTING UQUIUXEXTS 1. The discharger ahall file • new la port of Haste Discharge at least 120 days prior to the following: «. Addition of ft Bftjor induatrial waate discharge of eaaentiftlly domestic sewage, or the addition of ft nev proceaa or product by an induatrial facility reaultinf in « change in the character of the wastes. b. Significant change in the treataent or disposal method (e.g., change in the method of treatment which would significantly alter the nature of the waate). c. Change in the disposal area from that described in the findings of this Order. d. Increase in flov beyond that apecified in this Order. e. Other circumstances which result in ft material change in character, amount, or location of the waste discharge. f. Any planned change in the regulated facility or activity which may result in noncompliance with this Order. 2. The discharger shall furnish to the Executive Officer of this Regional Board, within a reasonable time, any information which the Executive Officer may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The discharger shall also furnish to the Executive Officer, upon request, copies of records required to be kept by this Order. 3. The discharger must notify the Executive Officer, in writing at least 30 days in advance of any proposed transfer of this Order's responsibility and coverage to a new discharger. The notice must include a written agreement between the existing and new discharger containing a specific date for the transfer of this Order's responsi- bility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgement that the existing discharger is liable for violations up to the transfer date and that the new discharger is liable from the transfer date on. 6. The discharger shall comply with the attached Monitoring and Reporting Program No. 87-82. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 87-82. Order Ho. 87-82 -14- 5. If a need for * discharge bypass is known in advance, the discharger shall submit prior notice and, if at all possible, such notice shall be submitted at least 10 days prior to the date of the bypass. 6. Where the discharger becomes aware that they failed to submit any relevant facts in a Report of Waste Discharge or submitted incorrect information in a Report of Vaste Discharge or in any report to the Regional Board, they shall promptly Bubmit such facts or informa- tion. 7. The discharger shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally to the Executive Officer within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within five days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and stepa taken or planned to reduce, elim- inate, and prevent recurrence of the nonconpliance. The Executive Officer, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. The following occurrence(s) must be reported to the Executive Officer within 24 hours: a. Any bypass from any portion of the treatment facility. b. Any discharge of treated or untreated wastewater resulting from sewer line breaks, obstruction, surcharge or any other circumstances. c. Any treatment plant upset which causes the effluent limitations of this Order to be exceeded. 8. The discharger shall file a written report with this Regional Board within 90 days after the average dry weather waste flow for any month equals or exceeds 75 percent of the design capacity of the waste treatment and/or disposal facilities. The discharger's senior administrative officer ahall sign a letter which transmits that report and certifies that the policy-making body is adequately informed. The report shall include: a. Average daily flow for the month, the date on which the instantaneous peak flow occurred, the rate of that peak flov, and the total flow for that day. b. The discharger's best estimate of when the average daily dry weather flow rate will equal or exceed the design capacity of the facilities. Order fto. 17-42 -15- c. The discharger's Intended schedule for studies, design, and other step* needed to provide addition*! capacity for the wait* tr«at»ent and/or diipoaal facilities before the waate flow rate equals the capacity of present units. 9. The discharger shall prepare an engineering report as required by Section 60323 of Vtttevtter Kecltmttioa Crittrit. This report shall be prepared in conforaance with Guidelines for the Preparation of jn Engineering Report Pursusnt Co the Production, Distribution, mnd Use of Reclaimed Ht»tevMter prepared by the State Department of Health Services. This report shall be submitted to this Regional Board, the State Departaent of Health Services, and the San Diego County Department of Health Services. The use of reclaimed water shall not be initiated until this report is accepted by the Executive Officer. 10. The rules and regulations required by Provision C.19 shall be submitted to this Regional Board, the State Departaent of Health Services, and the San Diego County Departaent of Health Services. The use of reclaiaed water shall not be initiated until this engineering report is accepted by the Executive Officer. 11. The discharger shall notify the Executive Officer by letter of the following: a. Start of construction of waste treataent and reclaimed water use facilities; b. Estimated date construction will be completed; ... c. Completion of construction of waste treataent and reclaiaed water use facilities; and d. Estimated date the completed facilities will commence opera- tion. 12. A report certifying the adequacy of each component of the treataent and disposal facilities shall be submitted by the discharger prior to comaenceaent of the discharge. This certification report shall contain a requlreaent-by-requireaent analysis, based on accepted engineering practice, of how the process and physical design of the facilities will ensure compliance with this Order. The design engineer shall affix his/her signature and engineering license number to this certification report. This report should be submitted prior to construction of the facilities. The discharge shall not be initiated until: a. The certification report is accepted by the Executive Officer; b. The Executive Officer has been notified of the conpletion of facilities by the discharger; Order No. 87-82 -16- c. An inspection of the facilities has been made by Regional Board staff; and d. Regional Board staff has notified the diccharger by letter that the discharge can be initiated. 13. All applications, reports, or infonation submitted to the Executive Officer shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows: (1) For * corporation - by a principal executive officer of at least the level of vice-president. (2) For * partnership or aole proprietorship - by a general partner or the proprietor, respectively. ( 3) For m municipality, state, federal or other public agency -by either a principal executive officer or ranking elected official. b. All other reports required by this Order and other information required by the Executive officer shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if: (1) The authorization is made in writing by a person described in paragraph (a) of this provision; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity; and (3) The written authorization is submitted to the Executive Officer. 14. The discharger shall submit reports required under this Order, or other information required by the Executive Officer* to: Executive Officer California Regional Vater Quality Control Board San Diego Region 97'7"l Cifiireoorit hesa boulevard - Suita 3 Sat. Diepo, California £2124-1331 £. NOTIFICATIONS 1. These requirements have not been officially reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean Vater Act. Ortl«r to. 17-12 -17- 2. The California Vater Code provides that any person who intentionally or negligently violates any waste discharge requirements issued, reissued, or amended by thia Regional Board is subject to a civil monetary remedy of up to 20 dollars per gallon of wast* discharged or, if a cleanup and abatement order is issued, up to 15,000 dollars per day of violation or some combination thereof. 3. The California Vater Code provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or falsifying any information provided in the monitoring reports is guilty of a misdemeanor. /, Ladin H. Delaney, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Vater Quality Control Board, San Diego Region on May 4t 1987. LADW B. DELAIfEI Executive Officer VP:hd CALIFORNIA REGIONAL WATER QUALITY CONTROL »A*D SAN DIEGO REGION MONITORING AND REPORTING PROGRAM NO. $7-42 FOR LEUCADIA COUNTY WATER DISTRICT FOREST R. GATHER WATER RECLAMATION PLAST NEAR THE CITY OF CARLSBAD SAM DIEGO COUNTY GENERAL PROVISIONS FOR SAMPLING AND ANALYSIS Unless otherwise noted, all sampling, savple preservation, and analyses shell be conducted In accordance with the current edition of "Guideline* Establishing Test Procedures for Analysis of Pollutants," promulgated by the United States Environmental Protection Agency, or approved by the Executive Officer. All analyses shall be performed in a laboratory certified to perform such analyses by the California Department of Health or a laboratory approved by the Executive Officer. Samples shall be 24-hour proportioned-to-flow composite samples unless other- vise specified. All grab samples shall be representative of the vaste discharge under the conditions of peak load. GENERAL PROVISIONS FOR REPORTING For every item where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest ti*e and submit a time- table for correction... — By January 30 of each year, the discharger shall submit an annual summary report to the Regional Board. The report shall contain both tabular and graphical summaries of the monitoring data obtained daring the previous year. In addition, the discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements. The discharger shall file a written report within 90 days after the average dry weather flox, for any month, equals or exceeds 70 percent of the design capacity of the waste treatment or disposal facilities. The report shall contain a schedule for studies, design, and other steps needed to provide additional capacity or limit the flow be lev the design capacity prior to the time when the waste flov rate equals the capacity of the present units. MONITORING PROGRAM The discharger shall submit technical reports concerning the quantity and quality of the discharge, using the attached format, in accordance with the following schedule. Monitoring and R Progrio No. 8?-8k 'fting -2- EFFLUENT 1. Effluent examination shall be frequency shown, and reported Determination pH 5-day 20 Centigrade bioche0i< oxygen deaand Suspended solids - Total Suspended solids - Volatile Total dissolved solids Chloride Sulfate Sodiat Fluoride Boron Synthetic detergents Dissolved oxygen Percent sodium Coliforos, total4 Settleable solids* Turbidity Chlorine residual* Grease and oil Anmonia (as N) Cyanide Metals Arsenic Cadmium Chroaiun, total Copper Lead Mercury Nickel Silver Zinc - Chromium Bexavalent Phenolic compounds conducted for the foi loving at monthly intervals: Unit units :al mg/1 •8/1 •8/1 «g/l •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 MPN/100 ml. .1/1 MTU x*/l •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 •8/1 items at the Frequency Daily!/ Dally!/ Daily!/ Daily!/ Monthly Monthly Monthly Monthly Monthly Monthly Monthly Daily!/ Monthly **• • Dailyi' Daily}/ Daily!/ Daily!/ Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Note: mg/1 - milligrams per liter KPH/100 ml. » Most Probable lumber per 100 milliliters ml/1 - milliliters per liter BTU - Kephelobetric Turbidity Units Crab sample at high flow times ** Effluent sampling shall at least be conducted as specified in California Administrative Code, Title 22, Division 4, Chapter 3, Vastevater Reclamxtion Criteria in its present fora or as it may be amended. 2 Monday, Wednesday and Friday Honitorlnf and Rtporting -3- Projram iio. 87-82 2. A dally log of the volume of water discharged through the irrigation •ytttac and th« areas irrigated shall ba reported monthly. 3. VoluM of effluent flow fro* tht treatment plant shall b« Measured and recorded continuously. Volume of flow for «ach day shall b« reported to the Regional Board monthly. IHFLUENT Determination 5-day 20° Centigrade biochemical oxygen demand Suspended solids - Total Suspended solids - Volatile Unit mg/1 mg/l Frequency Monthly Monthly Monthly STORAGE FACILITIES When the storage facilities are in use, dissolved oxygen concentrations shall be determined at least daily on grab samples taken at the surface and bottom, not later than 8:00 a.m., and reported monthly to the Regional Board. The samples shall be collected from the deepest portion of the storage facilities. POTABLE SUPPLY HATERS Examination of the potable water supplied to the service area of the Leucadia County Water District wastewater treatment facilities shall be conducted for the following items quarterly with the results reported quarterly: Constituent Unit Total dissolved solids ng/1 Chloride «g/l Sulfate mg/1 Sodium mg/1 PLJLvT MONITORING Wind direction and velocity - The district shall record daily readings from an anemograph at the plant. Plant site inspection - Tvice each day at periods of siaiaua wind velocity, an inspection fay the district shall be around the periaeter of the plant site for the purpose of detecting any of the following odors, the absence or presence of vhich is logged as to location and is rated as to degree on a scale of 1-10: a) daap-musty; b) raw sewage; c) sludge; and d) hydrogen sulfide. Monitoring and Reporting -4- Program No. 87-82 ODOR PROBLEMS 1. Customer complaints - A log shall be kept of names and addresses of coDplaintants and location and description of odors. 2. Field investigation - The District shall investigate any odor conplaint as soon as possible after it is received. The investigation shall include a one-half block radius in the vicinity of the location and the results of the investigation shall be entered in the log. 3. Plant investigation - When possible, complaintant shall be invited to the plant site to help the district identify the odor source. Findings shall be entered in the log. If more than one complaint is received at any one time, a district employee will be dispatched to poll the neighborhood to solicit any additional odor complaints. These findings shall be entered in the log. 4. Corrections - If the detected odor is determined to have originated from the plant site, immediate measures shall be taken .to correct the problem. PUBLIC AWARENESS All residents and commercial customers within a one-half mile radius of the plant site shall be notified annually of the establishment of the Odor Monitoring Program and of the appointment of two of their neighbors to serve on the Odor Monitoring Committee. REPORT .....--•• A monthly report shall be made to the Regional Board indicating the absence or presence of odors detected outside the plant site during the month by residents and the steps taken to correct any odor problems. LADIS E. DELABEI Executive Officer Hay 4, 198? WPrhd t I DEPAP.T-..-NT OF HEALTH ^ •SAriiTAHy. HIGIMSSBIKG S2CTWH 1350 Front Street, Boon 20^0 . San Diego, CA 9E101 ' * l l Telephone: C?^) 237-7391 •I .^* II Gregory U. McBain, Office Manager March 20, 1930 Engineering-Science '11750 Sorrento Valley Rd., Suite 220 San Diego, CA 92121 t: Subject: Degree of Treatment Required for Reclamation at La Costa Golf Course On May 10, 1979, Mrs. Diana Barich of our staff conducted an inspection. of the proposed reclamation area. Along the perimeter of the golf course are single family homes and condominiums, 'some of which have no demarca- tion between their yard and the golf course. Furthermore, San Marcos Creek runs through the center of the course. It is our opinion that these physical features make it virtually impossible to irrigate the . • course without substantial direct public contact with the reclaimed water and/or a discharge to San Marcos Creek. It should be noted that the "Intent of Regulations" prefacing the Wastewater Reclamation Criteria contains the following statement: "Precautions must be taken to avoid direct public contact' with reclaimed waters which do not meet the standards in Article 5 for non-restricted recreational impoundments." In consideration of the foregoing and in accordance with the declared intent of the regulations, it is our determination that the wastewaters used to irrigate La Costa Golf Course shall meet the specification prescribed in Subsection (b) of Section 60313 of 'litle 22 — Wastewater Reclamation • Criteria (copy enclosed). We fully support the concept of using reclaimed water for irrigation of landscaped areas in lieu of imported water. A significant 'quantity of imported water can be conserved, by B the use of reclaimed water; however, for public health protection, it • is essential that the reclaimed water used for golf course irrigation ' •• • " in residential developments meet the higher quality requirements.,.. "7 • : If you have questions regarding this matter, please contact Diana r '•'•'• ' • Barich at the above number.-- . . . "'• .- "."?• .' KtfC:DLB:tr Kirkham W. Campbell District Engineer Enclosure - cc: Leucadia County Water District San Diego Regional Water Quality Control Board- San Diego County Dept. of Health Services EXHIBIT "B" FIGURE 3.2ri 1 LEUCAOIA CV/D ' LA COSTA GOLF COURSE IRRIGATION LAKE . ENGINEERING-SCIENCE EXHIBIT "C1 c , r ORDINANCE NO. 10 AN ORDINANCE OF LEUCADIA COUNTY WATER DISTRICT PROHIBITING THE DISCHARGE OF WATER SOFTENER REGENERATION BRINES WITHIN A PORTION OF THE DISTRICT WHEREAS, Leucadia County Water District has in the past and intends in the future to operate a treatment plant for the reclamation of sewage from a portion of the District; and WHEREAS, the drainage area tributary to the District's Green Valley sewer trunk line is the only portion of the District from which sewage can be collected for reclamation purposes at the present time; and WHEREAS/ the discharge of water softener regeneration brines into the sewage to be reclaimed will make such reclama- tion unfeasible; Now Therefore, BE IT ORDAINED by the Board of Directors of Leucadia County Water District as follows: Section 1. It is hereby determined that regeneration brines discharged to the District's facilities from water softening devices within the sewage drainage area tributary to the District's Green Valley sewer trunk line are not amenable to treatment or reduction by feasible sewage treatment processes. Section 2. There shall be no discharge to the District's facilities of regeneration brines from water softening devices in residential, industrial, commercial or other EXHIBIT "D" r establishments within the sewage drainage area tributary to the District's Green Valley sewer trunk line, and all such discharges are hereby prohibited. Section 3. The Secretary-Manager of the District is authorized and instructed to prepare, revise from time to time, and keep on file a map clearly indicating the boundaries of the area tributary to the District's Green Valley sewer trunk line. Section 4. Water softening devices that are in operation and are discharging regeneration brines within the area tributary to the District's Green Valley sewer trunk line on the effective date of this ordinance may be operated and continue to discharge regeneration brines for a period of: (a) seven (7) years following the date of installation/ or . (b) five (5) years following the effective date of this ordinance, whichever is longer. No discharges of regeneration -:.. brines from such devices shall be permitted after the fore- {:•;} , going amortization period. '*•' • — Section 5. This ordinance is adopted pursuant to the County Water District Law (Division 12 of the Water Code), including sections 31105 and 31106 thereof. It shall be a misdemeanor for any person to violate this ordinance. Section 6. This ordinance shall be in full force and effect forthwith upon adoption. -2- c PASSED AND ADOPTED at a meeting of the Board of Directors of Leucadia County Water District held December 9, 1976, by the following vote: . ..... AYES: Directors Henning, Lash, Van Sickle, Law and Bagg NOES: None ABSENT: None P-fesident ATTEST: Secretary g»««a-»*-ry -3- AGREEMENT FOR RECYCLED WATER SERVICE BETWEEN THE VALLECITOS WATER DISTRICT AND THE CARLSBAD MUNICIPAL WATER DISTRICT ;HIS AGREEMENT for Recycled Water Service, dated as of September 2008 ("Agreement") is made and entered into by and between the VALLECITOS WATER DISTRICT ("VALLECITOS"), a public agency organized and existing pursuant to the County Water District Law, California Water Code Section 30000 et. seq., and the CARLSBAD MUNICIPAL WATER DISTRICT ("CARLSBAD"), a public agency organized under the Municipal Water Act of 1911, and a subsidiary District to the City of CARLSBAD organized and existing pursuant to Water Code Section 71000 et. seq. (collectively, the "Parties"). RECITALS A. VALLECITOS and CARLSBAD both have the legal authority to provide potable water and recycled water service to customers within their respective service areas. B. CARLSBAD and VALLECITOS have overlapping recycled water service areas as shown on the attached Exhibit "A", with potable water service being provided by VALLECITOS in the overlapping areas. CARLSBAD has recycled water pipelines within a portion of VALLECITOS that can be used to deliver recycled water for irrigation purposes within the VALLECITOS service area. C. CARLSBAD has adopted Ordinance No. 43 requiring the use of recycled water within its service area wherever it has determined that its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. D. Through the Agreement to Purchase Reclaimed Water dated August 20, 2003, ("RECLAIMED WATER AGREEMENT") between the Parties, VALLECITOS has agreed to provide up to 3.0 million gallons per day (mgd) of recycled water from the Meadowlark Water Reclamation Facility to CARLSBAD'S recycled water system, referred to as the "Encina Basin Water Reclamation Program". E. By this Agreement, VALLECITOS desires to provide recycled water within its service area including that portion of the VALLECITOS service area within the City of CARLSBAD, and CARLSBAD is willing to provide recycled water to VALLECITOS customers within the VALLECITOS service area at retail rates in accordance with the terms and conditions of this Agreement. (o COVENENTS NOW, THEREFORE, it is agreed by and between the parties as follows: SECTION 1. Recycled Water Delivery Area. VALLECITOS and CARLSBAD have determined that some VALLECITOS customers, located along Rancho Santa Fe Road in Carlsbad, California can be served recycled water from CARLSBAD'S recycled water system, by connection to VALLECITOS' "Recycled Water Transmission Main" located in Rancho Santa Fe Road. VALLECITOS agrees to allow these customers to be served recycled water by CARLSBAD. The recycled water customers shall be limited to that portion of the VALLECITOS service area within the City of Carlsbad, as shown on the attached Exhibit "A". SECTION 2. Discharge Standards. All recycled water supplied by CARLSBAD to the customers in the VALLECITOS service area shall meet federal, state, and local discharge requirements, which shall include all generally adopted requirements for CARLSBAD as approved by the Regional Water Quality Control Board, San Diego Region. SECTION 3. Operation and Maintenance of Facilities. CARLSBAD shall be responsible for operating and maintaining its recycled water system, including pipelines, meters, service lines, and corporation valves in a state of repair and condition that will meet the standards referenced in the above Section 2 of this Agreement. These facilities also include pipelines, meters, service lines, and corporation valves connected to VALLECITOS' "Recycled Water Transmission Main" located in Rancho Santa Fe Road as shown on Exhibit "A", and CARLSBAD's recycled water pipelines connected to VALLECITOS' "Recycled Water Transmission Main" intended for local distribution of recycled water by CARLSBAD. The point of connection to VALLECITOS' "Recycled Water Transmission Main", including the branch valve shall be owned and maintained by VALLECITOS with the provision that VALLECITOS shall provide CARLSBAD notice within 24 hours of any adjustment or operation of the branch valve(s) by VALLECITOS, excluding emergencies. In an emergency such as a pipeline break CARLSBAD shall be permitted to close the branch valve(s) to make necessary repairs to its recycled water system. CARLSBAD shall notify VALLECITOS as soon as possible regarding operation of the valve(s). CARLSBAD shall be responsible for any damages caused by their operation of the branch valve(s). SECTION 4. Recycled Water Customer Requirements. Recycled water service to customers shall meet the requirements of CARLSBAD's Ordinance No. 43, California State Department of Health Services requirements, which requires the need to perform annual walk-through inspections on every site by CARLSBAD and Order No. 2001-352 "Master Reclamation Permit with Waste Discharge Requirements for the Production and Purveyance of Recycled Water", adopted by the California Regional Water Quality Control Board, San Diego Region and amendments thereto. Also, depending on site characteristics there may be either a "no shut-down test" required, an annual "shut- down test" or a "shut down test" performed once every four years. VALLECITOS will cooperate with CARLSBAD to establish a mutual agreeable time to perform the required shutdown tests. The shut-down tests will require shutting off potable water supplies to 7 some potable water customers during the test time period not to exceed 24 hours, except that the test time period for residential customers shall not exceed 12 hours. VALLECITOS shall provide contact information to CARLSBAD of potable water customers impacted by the testing. CARLSBAD shall provide a fourteen day advance notice to recycled water and potable water customers, and to VALLECITOS regarding any shut-down testing to be performed. SECTION 5. Billing and Rates. It shall be CARLSBAD'S responsibility to read the recycled water meters of customers within the service area described herein and to provide the billing for the customers based on CARLSBAD'S adopted retail recycled water rates in affect at the time of the billing and to collect the billing from the recycled water customer. SECTION 6. Term of Agreement. This Agreement shall be effective as of the date first above written, and shall run concurrent with the term of the RECLAIMED WATER AGREEMENT. In the event the RECLAIMED WATER AGREEMENT terminates for any reason, this Agreement shall also terminate with the understanding that CARLSBAD will continue to provide recycled water to the customers identified in Section 1 above until either a new agreement has been entered into between VALLECITOS and CARLSBAD to continue recycled water delivery to these customers by CARLSBAD, or VALLECITOS has made the necessary modifications, and improvements required to supply water to these customers. VALLECITOS agrees to provide written notification to CARLSBAD that it is ready to supply water to the customers beginning on a date to be specified by VALLECITOS. The parties shall cooperate in transferring customers from CARLSBAD to VALLECITOS including coordination of all notices, and transfer of customer accounts. Construction costs incurred by CARLSBAD for new capital improvements, within the service area (Exhibit "A"), required to provide recycled water to VALLECITOS customers from the date of this Agreement shall be reimbursed by VALLECITOS (20 year depreciation) if VALLECITOS terminates the August 20, 2003 Agreement without cause. CARLSBAD shall provide documentation to VALLECITOS on an annual basis of any new capital improvements. SECTION 7. Miscellaneous Provisions. 7-1 Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the Federal or State courts in or nearest to the North County Judicial District, County of San Diego, State of California. 7.2 Modification. This Agreement may not be altered in whole or in part except by a modification, in writing, executed by all the parties to this Agreement. 7.3 Incorporation of Agreement to Purchase Reclaimed Water. A copy of the Agreement to Purchase Reclaimed Water dated August 20, 2003, is attached hereto as Exhibit "B" and incorporated herein by reference. 7.4 Entire Agreement. This Agreement, together with all the exhibits attached to this Agreement, contains all representations and the entire understanding between the parties with respect to the limited subject matter of this Agreement. This Agreement shall not modify or supersede the RECLAIMED WATER AGREEMENT. "VALLECITOS" VALLECITOS WATER DISTRICT By: ^Timothy M/Shell, President "CARLSBAD" CARL UNICIPAh WATER DISTRICTf\ ATTEST: WILLIAM W. RUCKER, Secretary Board of Directors ATTEST: /ity [ J , M. WOQ0 ' .„,""„, Clerk APPROVED AS TO FORM: JEFFREY G. SCOTT, Legal Counsel RONALD R. BALL, City Attorney EXHIBIT "A" MAP OF CARLSBAD MUNICIPAL WATER DISTRICTS RECYCLED WATER SERVICE AREA WITHIN VALLECITOS WATER DISTRICT Legend • Recycled Water Meter Recycled Service Line Meter NC VALVE Pump Station Reservoir Recycled water main by Agency ««••• CMWDPIPE VWDPIPE OMWD PIPE City Boundary VALLECITOS AREA SERVED BY CMWD VWD/CMWD METER SAN ELIJO RD MEADOWLARK WATER RECLAMATION FACILITY (VALLECITOS WATER DISTRICT) MAHR RESERVOIR VALLECITOS WATER DISTRICT VWD/OMWD METER EXHIBIT A - EXTENT OF CMWD'S RECYCLED WATER SYSTEM WITHIN VALLECITOS WATER DISTRICT DATE: 08/12/2008 NAME: LRosu/Arome FILE: J:\GIS\Engineering\GIS_Projects\ArcviewProjects-LR\Plummer \\ AGREEMENT FOR SALE OF RECYCLED WATER AND USE OF MAHR RESERVOIR BETWEEN THE VALLECITOS WATER DISTRICT AND THE CARLSBAD MUNICIPAL WATER DISTRICT This Agreement is made and entered into by and between the VALLECITOS WATER DISTRICT ("VALLECITOS"), organized and existing pursuant to Water Code section 30000 et seq., and the CARLSBAD MUNICIPAL WATER DISTRICT ("CARLSBAD"), a Public Agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad organized and existing pursuant to Water Code section 71000 et seq. (collectively, the "Parties"). RECITALS A. On June 13, 1991, the Parties entered into an agreement (the 'L1991 Agreement") for the sale of recycled water from the VALLECITOS' Meadowlark Reclamation Facility ("MRF"). Since July 1991, VALLECITOS has provided recycled water to CARLSBAD in accordance with the terms and conditions of the 1991 Agreement. B. VALLECITOS is currently in the process of evaluating an expansion of the MRF and the increase in production from two (2) million gallons per day ("MGD") of recycled water to a potential of five (5) MGD. C. VALLECITOS also owns, operates, and maintains the Mahr Reservoir, which has the capacity to store fifty-four (54) million gallons ("MG") of recycled water and is located within the boundaries of both VALLECITOS and the City of Carlsbad. D. CARLSBAD is in the process of developing an expansion of its recycled water system referred to as the Encina Basin Water Reclamation Program, Phase II Project ("Phase July 24,1003 (10 59AM) G:\DATMWP\DOLDOCVevijKlMlhrfl6igrwpd 1 II Project"). CARLSBAD desires to use the Mahr Reservoir for seasonal, operational (diurnal), and emergency storage as part of the Phase II Project. The scheduled dates for implementation of the Phase II Project is July 2005. E. VALLECITOS agrees to allow CARLSBAD to use a portion of the storage capacity of Mahr Reservoir, provided CARLSBAD constructs certain improvements to the Mahr Reservoir. The storage capacity available to CARLSBAD in the Mahr Reservoir shall be up to 32 MG, provided CARLSBAD purchases from VALLECITOS an additional one (1) MOD of recycled water (for a total of 3 MOD) as part of the Phase II Project. F. CARLSBAD acknowledges that delivery of the recycled water volume outlined in this Agreement is contingent upon the expansion of the MRF by VALLECITOS and sufficient development within VALLECITOS and build out of the Meadowlark area and drainage basin to provide enough effluent to produce the recycled water. NOW, THEREFORE, the Parties agree to the following terms and conditions: 1. Construction of Mahr Reservoir Improvements. CARLSBAD shall be responsible for constructing and installing certain improvements (the "Improvements") that include, but may not be limited to, the draining and cleaning of the interior storage area of the Mahr Reservoir, installing a chlorination system and aeration system, modifying the inlet/outlet works, and installing an asphalt concrete liner and floating polypropylene cover as further described in the Encina Basin Recycled Water Distribution Study prepared by CGvL Engineers in association with John Powell & Associates, Inc., dated May 2000 (the "Study"). A copy of the Study is attached to this Agreement as Exhibit "A" and incorporated herein by reference. VALLECITOS has reviewed the Study and consents to the recommended Improvements and other pertinent improvements. CARLSBAD shall provide VALLECITOS with sixty (60) days written notice prior to beginning construction of the July 24.2003 (IO-59AM) G:\DATA\WP\DOLDOOrcvisedM«hr06.aEr.wpd 2 improvements. Construction of the Improvements shall be subject to coordination with VALLECITOS staff. The schedule to construct the Improvements is based on CARLSBAD receiving a commitment for funding from the State of California in 2003, whereby construction would begin in 2003 and extend through 2004. 2. Funding and Design of Improvements. CARLSBAD shall construct the Improvements with funding obtained from state and federal loans and grants. CARLSBAD shall be responsible for the design and preparation of the plans and specifications for the Improvements and will obtain any necessary permits on behalf of VALLECITOS and with the written consent of VALLECITOS, which consent shall not be unreasonably withheld. All plans and specifications for the Improvements shall be submitted to VALLECITOS for review and approval, which approval shall not be unreasonably withheld. CARLSBAD shall construct the Improvements in accordance with the approved plans and specifications and permit conditions including compliance with CEQA and all other regulatory bodies. The Improvements shall become the property of VALLECITOS and shall be dedicated to VALLECITOS for operation and maintenance. If funding for the Improvements is not approved by the State of California, then CARLSBAD is not obligated to design or construct the Improvements. In the event the Improvements are not constructed, for whatever reason, all rights of CARLSBAD to purchase recycled water beyond 2 MGD and to utilize storage in the Mahr Reservoir shall terminate in the discretion of VALLECITOS. 3. Mahr Reservoir Storage Capacity. CARLSBAD shall have the right to utilize up to 32 MG of storage capacity available in the Mahr Reservoir for its Phase II Project. In the event CARLSBAD discontinues the purchase of recycled water from VALLECITOS, the use of storage capacity of the Mahr Reservoir shall automatically revert to VALLECITOS. CARLSBAD shall be allowed to utilize Mahr Reservoir for peak demands in accordance with the approved Operations and Maintenance manual referenced in Section 5. In no event shall CARLSBAD have any priority in Hydraulic Grade Line (HGL) or July 24, 2003 (10 59AM) G:\DATA\\VP\DOLDOC\revisedMnliiO6.tgr wpd 3 available capacity of the reservoir and shall be entitled to up to a maximum of 60% of the storage available at any given time. 4. Master Flow Meters. Master recycled water flow meters ("Master Flow Meter(s)") shall be installed by CARLSBAD at or near the MRF, in locations mutually agreeable to the Parties, to measure the quantity of recycled water supplied to CARLSBAD from the MRF. VALLECITOS shall be responsible for operating, maintaining, calibrating, and reading the Master Flow Meter(s) on a routine basis. VALLECITOS shall read and report to CARLSBAD the meter results no less than once per month and shall provide copies to CARLSBAD of calibration results on an annual basis. VALLECITOS shall deliver recycled water to CARLSBAD to the mutually agreed upon locations of the Master Flow Meter(s) and shall have no responsibility or obligation to deliver recycled water beyond the Master Flow Meter location(s). 5. Ownership. Operation, and Maintenance of Mahr Reservoir Improvements. VALLECITOS shall own, operate, and maintain the Mahr Reservoir and all Improvements constructed for the Mahr Reservoir. A draft operation and maintenance manual shall be prepared by CARLSBAD for review, and approval by VALLECITOS, for operation and maintenance of the Improvements, which will be incorporated in an operations and maintenance manual for the operation of MRF, Mahr and the Failsafe pipeline. VALLECITOS shall operate the Improvements in conformance with the approved operations and maintenance manual. Notwithstanding the foregoing, in no case shall VALLECITOS be required to operate the Improvements in a fashion that will be harmful or detrimental to the operation of the MRF, Mahr Reservoir, or the Fail Safe pipeline. 6. Operation and Maintenance of Other Related Facilities. VALLECITOS shall own, operate, and maintain, per the approved operations and maintenance manual, the July 24, 2003 110:59AM) G:\DATA\WP\DOLDOCNrevisedMihi06.agr.wpd recycled water transmission pipeline identified on the attached Exhibit "B," which is incorporated herein by reference. Each party shall grant to the other necessary easements and rights-of-way to construct, operate and maintain the recycled water facilities described in this Agreement that they respectively control and assist each other to obtain easements or rights-of-way on lands controlled by other entities not subject to this Agreement. 7. Failsafe Pipeline Capacity and Operation. CARLSBAD acknowledges and agrees that under certain operational scenarios, the full production of MRF may exceed the failsafe pipeline capacity of 3 MGD and to accommodate operational goals, the Mahr Reservoir may be at capacity with no additional, available storage. To accommodate such an event, CARLSBAD agrees, per the approved operations and maintenance manual, to provide adequate facilities and operational flexibility to VALLECITOS to dispose of the additional flow into the CARLSBAD recycled water distribution system for either use or disposal. Disposal of recycled water through the CARLSBAD system is subject to and predicated upon the availability of adequate capacity at the Encina Wastewater Authority (EWA) flow equalization facility and coordination with EWA. All excess recycled water, beyond purchases required in Section 8 and peak demands, shall meet the quality requirements contained in Section 10. The method of disposing shall be identified in the operational parameters agreed upon between the Parties. CARLSBAD agrees to completely remove the existing Phase I Pump Station, located at El Camino Real, prior to or concurrent with the initial delivery of 3 mgd of recycled water in accordance with Section 8. CARLSBAD agrees to replace the existing 12-inch Failsafe pipeline with like pipeline material in accordance with VALLECITOS standards. July 21, 2003 (10 59AM) G:\DATA\WP\DOLDOC\ievijedMahi06.agr.wpd 8. Quantities of Recycled Water to be Purchased. During the term of this Agreement, CARLSBAD agrees to purchase, and VALLECITOS agrees to deliver to the CARLSBAD recycled water distribution system (provided flows are sufficient), the following minimum amounts of recycled water from the MRF: a. Prior to completion of the Phase II Proj ect, CARLSBAD shall continue to purchase a minimum of 2 MOD of recycled water which is approximately 2,240 acre-feet per year. b. Upon completion of the Phase II Project, and provided VALLECITOS has completed the expansion of the MRF and adequate effluent is available, CARLSBAD agrees to purchase a minimum of 2 MOD of recycled water during the months of December, January, February, and March and 3 MOD of recycled water for the remaining months which is approximately 2,989 acre-feet per year. 9. Interruption of Delivery of Recycled Water. Notwithstanding the provisions of section 8 above, the Parties understand and agree that there shall be no liability to VALLECITOS to supply recycled water, or obligation of Carlsbad to purchase recycled water for day-to-day interruptions in delivery of recycled water due to plant emergencies requiring plant shut down and repairs associated with acts of God, permit compliance, orders by regulatory bodies or judicial courts, and/or equipment breakdowns, or substantial maintenance activities. VALLECITOS shall make good faith efforts to resume delivery of recycled water in a timely manner after completing the necessary efforts to restore the operation of MRF. If recycled water delivery is discontinued for more than seven (7) consecutive days, then VALLECITOS shall provide CARLSBAD a time schedule indicating when delivery is expected to resume. July 24, 2003 (}0:WAM) G:\DATA\WP\E>OLDOCVevisedMahr06.agr.wpd 1 0 . Treatment Standards. VALLECITOS shall treat the recycled water from the MRF in conformance with the water quality requirements as provided by Title 22, Division 4, of the California Code of Regulations ("CCR"), section 60305, "Use of Recycled Water for Impoundments," intended as a source of supply for non-restricted recreational impoundments suitable for body contact in compliance with the criteria specified in CCR section 6030 1 .230(b) for "Disinfected Tertiary Recycled Water" (Title 22). VALLECITOS shall use its best good faith efforts to ensure that said recycled water meets the forgoing CCR Title 22 standards, however, VALLECITOS does not guarantee or warrant the quality of the recycled water provided CARLSBAD or subsequent users. Both Parties understand that the presence of dissolved minerals in the recycled water is measured as total dissolved solids (TDS) and other substances in higher concentrations can be deleterious to the plants irrigated with such water. Both Parties agree that VALLECITOS ' failure to supply recycled water with TDS concentration of less than 1000 milligrams per liter (MG/L), as determined in conformance with the methodology specified in the Encina Waste Pollution Control Facility Waste Discharge Permit, will be grounds for CARLSBAD to suspend its obligation to accept and pay for recycled water from VALLECITOS until quality is restored to less than 1000 MG/L TDS. VALLECITOS agrees to limit the total chlorine residual to 1 0 parts per million (ppm) or less, based upon a 24 hour period average, for recycled water discharged from the MRF. This limitation shall not be applicable to water discharged to the VALLECITOS Failsafe pipeline. The Parties further recognize that during periods of drought VALLECITOS may experience lower flow as a result of conservation efforts. However, the amounts of salts received would not decrease and can cause the TDS levels to rise. During such drought periods as designated by the Metropolitan Water District ("MWD") and/or the San Diego County Water Authority ("Water Authority"), the Parties agree that recycled water with TDS July 2< 2003 (|0:59AM) concentration of no more than 1200 MG/L will be an acceptable quality to CARLSBAD under the terms of this Agreement. 11. Recycled Water Delivery Pressure. Recycled water delivered by VALLECITOS to the CARLSBAD distribution system shall not be at a guaranteed minimum pressure. However, the following hydraulic grade line ("HGL") shall be met for recycled water discharges from the MRF to the Mahr Reservoir facility. Discharge pressure for delivery at the Mahr Reservoir shall be equivalent to a minimum HGL of 550 feet, including all pipeline headloss, with an operational HGL goal of 590 feet to maximize operational flexibility. 12. Compliance With Regulatory Requirements. CARLSBAD agrees to comply with all applicable recycled water distribution regulations issued and/or mandated by the State of California Department of Health Services (DHS), the County of San Diego Department of Environmental Health (DEH), and the California Regional Water Quality Control Board, San Diego Region (Regional Board). CARLSBAD shall be responsible for insuring that all users of recycled water within CARLSBAD's jurisdiction shall be in compliance with CARLSBAD's discharge order issued by the Regional Board, and that all users shall be made to comply with CARLSBAD's most recent recycled water rules and regulations. 13. Price of Recycled Water. Through Fiscal Year 2003/2004, CARLSBAD shall purchase, disinfected tertiary recycled water from VALLECITOS at the rate of Three Hundred Sixty-One Dollars ($361.00) per acre-foot, and CARLSBAD shall pay VALLECITOS for the recycled water based on quarterly statements submitted by VALLECITOS. Beginning Fiscal Year 2004/2005 the purchase cost shall be based on the table for Pre-Expansion Annual Cost for the MRF Tertiary Facilities listed in Exhibit "C". Upon completion of the MRF expansion, and initial delivery of 3 MOD to CARLSBAD, ,„„ v , _. - _.. _ . CARLSBAD shall purchase, in accordance with section 8(b), disinfected tertiary recycled water from VALLECITOS using the table for Post-Expansion Annual Cost for MRF Tertiary Facilities listed in Exhibit "C." CARLSBAD shall pay VALLECITOS the annual cost in twelve (12) equal payments throughout each fiscal year. Both the Pre-Expansion and the Post-Expansion Annual Costs shall be based on VALLECITOS' budgeted figures as of the beginning of each fiscal year and adjusted to actual costs through retrospective adjustments after the conclusion of each fiscal year. The recycled water cost shall be adjusted on July 1 of each year during the term of this Agreement to reflect CARLSBAD'S proportionate share of the budgeted operational, overhead, and capital recovery costs for the MRF Tertiary Facilities, Lift Station No. 1, and Mahr Reservoir as shown in Exhibit "C". VALLECITOS will provide CARLSBAD thirty (30) days' advance written notice of any changes in the annual cost. VALLECITOS will bill or credit CARLSBAD annually for retrospective adjustments to reflect actual water delivery costs incurred. CARLSBAD will be notified of the retrospective adjustment by November 30 of each fiscal year and the adjustment credit/invoice shall be due and payable within 30 days of said date. At any time during the term of this agreement, the price of the recycled water shall not exceed seventy- five percent (75%) of CARLSBAD'S wholesale cost of potable water from the San Diego County Water Authority. The definitions for terms used in this section 13 and Exhibit "C" follow: MRF Facilities - Wastewater treatment, filtration, disinfection, conveyance, storage and effluent pumping facilities shown on Exhibit "B". Also known as Meadowlark Reclamation Facility (MRF). MRF Tertiary Facilities - Filtration, disinfection, and effluent pumping facilities relating to Tertiary Treatment at the MRF. Juty 24. 2003 ()0:59AM) G:\DATA\WP\DOLDOC\reviiedMahr06.Bgrwpd Mahr Reservoir - A 54 million-gallon earthen reservoir used to store tertiary treated recycled water located as shown on Exhibit "B". Lift Station No. 1 - Components associated with the existing lift Station used to divert sewage to the MRF for treatment and production of recycled water. Overhead -Wastewater Department Overhead - General, administrative and overhead costs incurred within the Wastewater Department not directly associated with the collection, conveyance and treatment of wastewater. Pre-Expansion Cost-This includes all costs associated with the operation and maintenance of the MRF Tertiary Facilities, Lift Station No. 1, Mahr Reservoir and identified capital recovery costs, shown in Exhibit "C" under the title "Pre-Expansion Annual Cost." Post-Expansion Cost - This includes all costs associated with the operation and maintenance of the MRF Tertiary Facilities, Lift Station No. 1, Mahr Reservoir and capital recovery costs shown in Exhibit "C" under the title "Post-Expansion Annual Cost." These costs will apply after VALLECITOS has begun the initial delivery of 3 mgd to CARLSBAD. 14. Terms of Payment. CARLSBAD shall be invoiced by VALLECITOS on a monthly basis for the minimum delivery scheduled amounts plus any amounts that exceed the minimum amounts. CARLSBAD agrees to pay VALLECITOS for such purchases within thirty (30) days of invoice receipt. In the event that payment is more than thirty (30) days in arrears, VALLECITOS reserves the right to stop delivery of recycled water until payment is made and charge interest of one percent (1 %) per month on delinquent amounts. July 24. 2003 (10:59AM) G:\DATA\WP\DOLDOCVevi«dMahr06.ttgr wpd 10 15. Right to Sell to Others/Utilization of Storage. In the event CARLSBAD fails to purchase the minimum quantities of recycled water as required in section 8 of this Agreement, VALLECITOS shall have the absolute right and discretion to sell the unused recycled water to other parties. Any amounts sold by VALLECITOS to other parties shall be deducted from any remaining amounts that CARLSBAD is obligated to purchase pursuant to section 8 of this Agreement. In addition, in the event CARLSBAD fails to purchase the minimum quantities of recycled water as required in section 8 of this Agreement, all rights of CARLSBAD to utilize storage in the Mahr Reservoir shall revert to VALLECITOS and VALLECITOS shall have no obligation or liability to reimburse CARLSBAD for the cost of the Improvements. Provided, however, in the event VALLECITOS willfully refuses to provide recycled water to CARLSBAD, when available, prior to complete depreciation of the Improvements identified in section 1 "Construction of Improvements," VALLECITOS shall reimburse CARLSBAD for the lesser of the fair market value or the undepreciated value of the Improvements. In the event VALLECITOS uses or sells recycled water to additional parties, VALLECITOS will reimburse or credit CARLSBAD with up to forty percent (40%)of the cost of the improvements, based upon a ratio of water sold to CARLSBAD and total sales, of the annual depreciated value of the Improvements identified in Section 1 based upon a thirty (30) year useful life. The reimbursement or credit shall be in accordance with the annual review of the price of the recycled water in accordance with Section 13. 16. Access to Records. The Parties shall each keep proper books and records in which complete and correct entries shall be made of all recycled water delivered to CARLSBAD throughout the duration of this Agreement. These books and records shall, upon written request, be subject to inspection by any duly authorized representative of each party and of the Regional Board. July 24, 2003 (10.59AM) G:\DATA\WP\DOLDOC\revtsedMahrO6.agr wpd 11 17. Notices. Notices required or permitted under this Agreement shall be given in writing and may either be served personally upon the party to whom it is directed or by deposit in the United States Mail, postage pre-paid, certified, return receipt requested, addressed to the Parties' following addresses: ' CARLSBAD: Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Public Works Director VALLECITOS: Vallecitos Water District, 201 Vallecitos de Oro San Marcos, CA 92069 Attention: General Manager 18. Assignment. This Agreement or any interest therein or any monies due or that are to become due thereunder shall not be assigned, hypothecated, or otherwise disposed of without the prior written consent of both Parties to this Agreement, which consent shall not be unreasonably withheld. This Agreement shall become effective on the date it is executed by the Parties. 19. Term of Agreement. The term of this Agreement shall be twenty-two (22) years from the effective date, subject to the rights of the Parties to an earlier termination as provided in this Agreement. This Agreement shall continue in force from year to year after the initial 22-year term until either party gives one (1) year's written notice to the other of its intention to terminate or renegotiate the Agreement. This Agreement shall terminate one (1) year from the date upon which such written notice is received unless the Parties agree otherwise in writing. 20. Early Termination. If at any time during the term of this Agreement recycled water in compliance with the standards referenced herein cannot lawfully be used by CARLSBAD for the purposes intended by this Agreement, because of government July 24, 2D03(10:59AM) G:\DATA\W\DOLDOCVevisedMalir06.agr.wpi) 1 2. regulations now in effect or hereinafter imposed, or, if CARLSBAD should for any reason breach its obligations under this Agreement in any material respect, including, but not limited to, failure to pay for recycled water as required, failure to accept recycled water as required, failure to maintain facilities, or other substantial failure, VALLECITOS may terminate this Agreement with no further obligation by giving sixty (60) days' written notice thereof to CARLSBAD. During said sixty (60) day period, CARLSBAD shall have the opportunity to cure the breach in the Agreement before termination occurs. In the event VALLECITOS refuses to deliver recycled water to CARLSBAD in conformance with this Agreement for any reason, CARLSBAD may terminate this AGREEMENT with no further obligation upon sixty (60) days' written notice thereof to VALLECITOS. 21. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof superseding all negotiations, prior discussions, agreements, and understandings, written or oral, including the 1991 agreement. This Agreement shall not be amended, except by written consent of the Parties, and no waiver of any rights under this Agreement shall be binding unless it is in writing signed by the party waiving such rights. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be held to be valid and binding on the Parties. 22. Binding Effect. This Agreement shall be binding upon the Parties and their respective successors in interest, permitted assigns, executors, administrators, and personal representatives. 23. Indemnification. VALLECITOS agrees, to the fullest extent permitted by law, to indemnify and hold CARLSBAD, its directors, officers, employees, or authorized volunteers harmless from any damage, liability, or cost (including attorney's fees and costs of defense) to the extent caused by VALLECITOS' negligent acts, errors, or omissions in July 24, 2003 (10; 59AM) G:\DATA\WP\DOLOOCVcvisedMahr06.atsi.wpd 13 the performance of work pursuant to this Agreement, including such negligent acts, errors, or omissions by subcontractors or others for whom VALLECITOS is legally liable. CARLSBAD agrees, to the fullest extent permitted by law, to indemnify and hold VALLECITOS, its directors, officers, employees, or authorized volunteers harmless from any damage, liability, or cost (including attorney's fees and costs of defense) to the extent caused by CARLSBAD'S negligent acts, errors, or omissions in the performance of work pursuant to this Agreement including such negligent acts, errors, or omissions by subcontractors or others for whom CARLSBAD is legally liable. 24. Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the Parties agree that venue shall lie only in the courts in or nearest to the North County Judicial District, County of San Diego, State of California. 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. July 20, 2003 (10:59AM) O \DATA\WP\DOLDOOrevisedMahi06.agr.wpd 14 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and effective as of n\}c^&\ *3-G , 2003. "VALLECITOS": VALLECITOS WATER DISTRICT "CARLSBAD": By:.\L"'CL/vxrvifV'yx- Trish Hannan President BAD.MUNICIJJA: abde "Bud" Lewis President ATTEST: General Manager Date: APPROVED AS TO FORM Jeffr«y/3. Scott, General Counsel 17 Ball, General Counsel July 24. 3003 (10 59A.M) G \DATA\WP\DOLDOOrevisedMlhi06 jar wpd 15 Carlsbad Municipal Water District AA Preliminary Design for the Encina Basin Phase II Recycled Water Distribution System " ' MAHR RESERVOIR EVALUATION CMHCABT- GARCIA'>59~'••:}W^»?:---.v«:VON LANGEN.' CCvL [ N G I N E £ R S POWELL in Association with John Powell & Associates, Inc. Consulting Civil Engineers May 2000 Exhibit "A" Table of Contents CHAPTER 1 BACKGROUND 1-1 Mahr Reservoir Physical Properties 1-1 Mahr Reservoir Operational Issues 1-4 Other Seasonal Storage Reservoirs 1-4 CHAPTER 2 BASIS OF EVALUATION 2-1 Facility Sizing Criteria , ............2-1 Demand Criteria •. v :.2-l System Pipeline Criteria .......... ..2-2 Project Cost Data ..:. ..2-2 Construction Costs 2-2 Cost Index and Price Escalation ....'..... ...2-3 Construction Contingencies ............2-3 Engineering and Administration 2-4 CHAPTER 3 SUPPLY/DEMAND/STORAGE ANALYSIS— ...3-1 Seasonal Storage ...3-1 Demands 3-1 Supplies '..., 3-2 Seasonal Balancing .....3-3 Emergency Storage 3-4 CHAPTER 4 FACILITY ALTERNATIVES 4-1 Possible Facility Improvements 4-1 Inflow Nutrient Removal .'. 4-1 Modified I/O Works 4-2 Aeration/Destratification System 4-5 Outflow Chlorination 4-8 Outflow Microscreening 4-9 Reservoir Lining and Covering 4-9 Miscellaneous Site Work : 4-12 Alternative Combinations of Improvements 4-12 CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES Table of Contents (Continued) CHAPTER 5 ALTERNATIVE COSTS AND PHASING ......5-1 Mahr Reservoir Use Benefits 5-1 Comparative Improvement Costs _ 5-2 Improvement Phasing ..: 5-4 CHAPTER 6 RECOMMENDATIONS 6-1 Facilities , 6-1 Monitoring Program 6-1 APPENDIX A HISTORICAL RECYCLED WATER DEMANDS A-l APPENDIX B SEASONAL STORAGE MODEL RUNS B-l APPENDIX C EMERGENCY STORAGE MODEL RUNS C-l LIST OF TABLES Table 1-1 Other Seasonal Storage Reservoir Features 1-6 Table 3-1 CMWD Recycled Water Supply Availability .3-3 Table 3-2 CMWD Peak-Month Supply/Demand Balance 3-3 Table 3-3 Mahr Reservoir Seasonal Benefits to CMWD 3-4 Table 4-1 Mahr Reservoir I/O Hydraulic Parameters 4-5 Table 4-2 Cost Opinion for Mahr Reservoir I/O Works 4-7 Table 4-3 Cost Opinion for Lining and Covering Mahr Reservoir 4-11 Table 5-1 Comparative Costs for Mahr Reservoir Phase II Capacity Value....5-3 Table 5-2 Comparative Costs for Mahr Reservoir Ultimate Capacity Value... 5-4 Table 5-3 Cost Opinion for Initial Mahr Reservoir Improvements 5-5 Table 6-1 Mahr Reservoir Monitoring Program 6-1 LIST OF FIGURES Figure 1-1 Mahr Reservoir Features 1-2 Figure 1-2 Mahr Reservoir Volume and Surface Area Curves 1-3 Figure 2-1 Engineering News Record Construction Cost Index 2-3 Figure 3-1 CMWD Recycled Water Demand Hydrograph 3-2 Figure 4-1 Proposed Mahr Reservoir Improvements 4-3 Figure 4-2 Proposed Mahr Reservoir I/O Works 4-4 Figure 4-3 Upper Oso Reservoir I/O Works '. 4-6 Figure 4-4 Proposed Mahr Reservoir Operations Building Site 4-8 CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES Chapter 1 Background Carlsbad Municipal Water District (CMWD) desires to evaluate the feasibility of using Mahr Reservoir for seasonal storage in CMWD's recycled water distribution system. This evaluation's purpose is to investigate mitigation for historical reservoir operational problems, analyze the effect of this storage volume at various system expansion milestones, evaluate specific reservoir improvements and determine the best combination to pursue, provide an opinion of probable cost, and recommend a course of action for implementation. Mahr Reservoir Physical Properties Mahr Reservoir is owned and operated by Vallecitos Water District (VWD). The reservoir is an unlined and uncovered basin formed by a jurisdictional earthen dam, with a crest elevation of approximately 598.5 feet. The reservoir bottom was originally established at approximately 542.5 feet and the spillway elevation is at approximately 594.5 feet. Possibly to allow for storm retention, the maximum operating pool was set in the original facility design at approximately 593.0 feet. For this evaluation, to allow for continued submergence of a possible aeration/destratification system, and to avoid water quality problems associated with shallow storage volumes, a minimum operating pool was set at approximately 555.0 feet, which would maintain a minimum water depth of approximately 12.5 feet. The effective working storage volume associated with the difference between the maximum and minimum pools is approximately 151 acre-feet (AF), or approximately 49 million gallons (MG). The water surface area at maximum pool depth is approximately 7.7 acres. Figure 1-1 provides recent photos of the reservoir dam crest and spillway. Figure 1-2 provides reservoir volume and area curves in relation to water depth, expressed as feet of elevation above mean sea level (amsl). Inflow and outflow occur through a concrete structure located near the reservoir bottom at the upstream dam toe. This structure has grated, unvalved ports, and is serviced by an 18-inch diameter pipeline that passes underneath the dam and connects with another concrete structure at the downstream dam toe. CQvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES ' 1-1 Background Dam crest, looking north. Dam spillway, looking northeast. Figure 1-1 Mahr Reservoir Features BESTCOPY CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 1-2 Background Mahr Reservoir Volume r*r\f\ '_ 600 : <£• r~c\r\E 590 ; re con :•5; s80 i O T~7f\ -««- 570 ; C ccn '-o 560 : •*S ••c'r-rv -« 550 : 0) r -y-v ^ ^ MAXIMUM i I /MINIMUM y OPERATING P< OPERATING PC XDL 6 EL. 593 _•— ~1 DOL © EL 555 ^ ^ >^_ WORKING CAPACITY = 151 AF rri O^v •?•iu | i i i i I i i i i ^-^ .1111KXM | i , 1 1 [ i i i i i . . i i .iii i i i i 0 50 100 150 200 250 Volume, acre-feet Mahr Reservoir Surface Area _ 600 ; V? mrtE 590 ^ CD c-?n "•*=• 570 ; C crooo 560 : *H* ccn -w 550 1 Q) c^rx : UJ °™ MAXIMUM OPERATING PI i - S ': / -/ i i ' ^ XDL O EL. 593 ^~ -^ • i^r::...^^ i i • 0.0 2.0 4.0 6.0 8.0 10.0 Area, acres Figure 1-2 Mahr Reservoir Volume and Surface Area Curves CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 1-3 Background Mahr Reservoir Operational Issues Ongoing water quality problems experienced by VWD prompted installation of fine screens and implementation of associated procedures at their Meadowlark Water Reclamation Facility (WRF) for treatment of all water withdrawn from the reservoir. Historically, during normal operation, effluent from the WRF was pumped to Mahr Reservoir. Outflow from Mahr Reservoir flowed by gravity through a 20-micron microscreen to remove algae before it was pumped again into the recycled water distribution system. Microscreen effluent could then either flow through a chlorine contact tank or directly into the recycled water distribution system pumping station wet well. However, because of continued odor and algae complaints by recycled water customers, with Mahr Reservoir as the suspected source, the reservoir was taken out of service in 1998. Since that time there have been no further complaints regarding odors and algae. Other Seasonal Storage Reservoirs As a basis for comparison, this evaluation reviewed design features and operating, histories of other recycled water seasonal storage reservoirs with volumes approximately equal to or greater than Mahr Reservoir's. However, relatively few such seasonal storage reservoirs exist. Three of them are located in Orange County. Sand Canyon and Rattlesnake Reservoirs are owned and operated by Irvine Ranch Water District (IRWD), and have total volumes of 800 AF and 1,200 AF, respectively. Upper Oso Reservoir is owned and operated by Santa Margarita Water District (SMWD), and has a total volume of 4,000 AF. All three reservoirs have been in recycled water service for over 20 years. The City of Santa Rosa, located in northern California, owns and operates several recycled water storage reservoirs. The largest has a volume of 2,000 AF and has been in service for approximately 16 years. Their next two largest, reservoirs have volumes of 1,100 AF and 700 AF, respectively, and have been in service for approximately 22 years. All three reservoirs have relatively flat bottoms, with an average water depth, when full, of 24 to 25 feet. All three reservoirs are surrounded by man-made berms, with virtually no tributary drainage area. For this evaluation, these three reservoirs are designated Santa Rosa A, Santa Rosa B, and Santa Rosa C, respectively. In discussing design and operation of these reservoirs with respective agency staff, several features emerge for possible application at Mahr Reservoir: a Relative size and watershed management of upstream tributary area a Average water depth of full reservoir a Combination of treated wastewater with other water supplies Q Nutrient removal from treated wastewater a Use of multiple-port inlet/outlet (I/O) works CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 1-4 Background Q Use of an aeration/destratification system Q Chlorination of reservoir outflow a Other treatment of reservoir outflow a Use of basin lining and covering Table 1-1 presents a matrix of these features, listed in the same order, and their involvement at the six above-noted, existing seasonal storage reservoirs. One of the most significant features to emerge in this evaluation appears to be the relative size and watershed management of upstream tributary area. By far the most problematic in this regard of the three reservoirs that have significant tributary area is Sand Canyon Reservoir. Runoff from a large upstream tributary area carries in fine, colloidal material and algal nutrients, difficult to treat in reservoir outflow. Upper Oso Reservoir appears least problematic in this regard of the three. The ratio of tributary area to total reservoir volume for Sand Canyon Reservoir is approximately ten times larger than Upper Oso Reservoir's ratio. Mahr Reservoir, like the three Santa Rosa reservoirs, has almost no upstream tributary watershed area. Feature Sand Canyon Rattle- snake Upper Oso Santa Rosa A Santa RosaB Santa RosaC Tributary watershed area Average water depth Combined with other supplies Nutrient removal at plants vtultiple port I/O works Aeration/Destratific ati on Chlorination of outflow Other treatment of outflow Basin lining and covering jeneral problem history Large 15" ft No Minorb Yes Yes£ Yes8 Yesh No Yes Small 15aft Yes Minorb Yes Nof Yesg Noj No No Small 30ft No No Yes Yes No Noj No No None 25ft No Minor0 Yes No No No No No None 24ft No Minor0 No" No No No No No None 24ft No Minor0 Nod No ' No No No No a)' Estimated. b) Partial nitrification/denitrification practiced at IRWD's Michelson Water Reclamation Plant, but not primarily for reservoir water quality. c) Partial nitrification/denitrification practiced at Santa Rosa reclamation plant for last few years, but primarily motivated by regulatory requirement for winter river discharge. d) Have_some turbidity problems with single port and seasonally low water levels. e) System installed in 1999 with successful performance. f) Water quality tends to be good without aeration, but installation will be evaluated in 2000. g) Initially practiced for chemical oxidation of sulfides; later continued partially to maintain a chlorine residual in the associated distribution system. h) Have tried several types of relatively expensive filtration systems, with varied success, i) Have only occasionally used Adams strainers. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 1-5 Background The other significant feature to emerge in.this evaluation appears to be the average water depth of a reservoir when full. Santa Rosa staff reported no significant algae growth or other depth-related water quality problems when water depths were predominantly greater than about 8 feet. This meant their three largest reservoirs only suffered problems on the occasions when they were drained to within a few feet of their bottoms. Their two smaller reservoirs (not noted above), with volumes of approximately 200 to 300 AF, have average depths of about 4 feet and have been regularly plagued with algae and related water quality problems. The City has employed algae harvesters and barrel filters to mitigate these problems, with moderate success after considerable effort. Mahr Reservoir's average water depth when full is about 25 feet, and the planned minimal pool depth is 12.5 feet. Application of the above considerations is explicitly made to Mahr Reservoir in Chapter 4. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 1-6 ' f Chapter 2 Design criteria and basic cost data presented herein apply to concept and preliminary level design and layout of recycled . water system components. Detailed drawings and specifications are not required in such layouts. For this level, a close approximation of size, location, and cost of various facilities is developed. As a result, some relocation and resizing of facilities may be required at a later date as more detailed engineering analyses are made during final design Facility sizing is based on future recycled water requirements listed and developed in Chapter 3. Criteria and standards governing design of proposed facilities are assumed to use quality design, materials, and construction. Further, it is assumed that proper attention will be given to considerations such as appearance, landscaping, operation and maintenance efficiency, and service reliability. In planning future facility needs, an effort has also been made to effectively use existing components where practical. Proposed facilities described in this evaluation are planned as component parts of a system to serve the projected recycled water requirements of CMWD's proposed Phase n expansion to a system demand of approximately 5,400 acre-feet per year (AFY). Some attention is also given to those improvements required for ultimate expansion to a system demand of approximately 9,800 AFY. Facility Sizing Criteria Demand Criteria. Monthly demands are used to determine seasonal supply and storage needs for the recycled water system. The ratio of peak-month to average- month demand, or peak-month factor, is ultimately used in determining pumping and operational storage capacities. Hourly demands are directly used in determining pumping, operational storage, and pipeline capacities, and are determined by the average-day use during the peak month, multiplied by the ratio of 24 hours over the length of the regular daily irrigation period in hours. For example, in calculating peak-hour demands, the peak-month factor would be multiplied by two if a 12-hour irrigation period is assumed, or multiplied by three if an 8-hour irrigation period is assumed. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 2-1 Basis of Evaluation System Pipeline Criteria. System piping should be evaluated under all demand conditions, but performance assessment is typically most critical under peak-hour demand conditions. Generally, pipelines 12-inch and greater in diameter are considered transmission pipelines. Because transmission pipelines impact large areas, they can accumulate large head losses from long pipe runs. These large pipeline friction losses associated with high fluid velocities need to be evaluated with respect to system delivery capacity, and contribution to lowered system pressures and excessive energy consumption. Transmission pipelines are considered undersized if water velocities exceed 3 feet per second (fps) and head losses exceed 10 feet of head per 1,000 feet of pipe. Distribution pipelines are considered undersized if velocities exceed 5 fps and head losses exceed 10 feet of head per 1,000 feet of pipe. However, these criteria are only a guideline, and higher velocities and head losses may be tolerable under certain operating conditions such as system emergencies, and within short lengths of pumping station or reservoir yard piping where impact on system pressure is minimal. Project Cost Data Project cost is defined as the total capital investment necessary to complete a project, including costs for land acquisition, construction, contingencies, all necessary engineering services, and overhead items such as legal and administrative services, and financing. Probable construction cost opinions developed in this report include an allowance of 20 percent for contractor administrative expense, general overhead and profit (OH&P). Total project capital cost includes allowance for contingencies at 20 percent, and engineering and administration at 15 percent. Construction Costs, Probable construction cost opinions cover materials, taxes, labor, mobilization/demobilization, and services necessary to build proposed facilities. These costs derive from current or adjusted historical cost information and are intended to represent median prices anticipated for each type of work. Cost estimating guides, previous studies, cost curves, and recent contract bids were used to develop cost information. In an evaluation such as this, cost opinions are considered as defined by the American Association of Cost Engineers for preliminary design. These are opinions made without detailed engineering data and have an expected accuracy range of plus 30 percent to minus 20 percent. Actual project costs will depend on future labor and material costs, market conditions, project-specific details, and other variables. The allowance of 20 percent for contractor OH&P is calculated from the subtotal of all other construction costs, the addition of which results in the total construction cost. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 2-2 '•')J Basis of Evaluation Cost Index and Price Escalation. Construction costs typically undergo long- term changes in keeping with corresponding changes in the regional and national economy. A commonly accepted barometer of these changes has been Engineering New Record's Construction Cost Index (ENRCCI), which is computed from prices of construction materials and labor, and is based on a value of 100 in the year 1913. As indicated on Figure 2-1, construction costs have been steadily increasing for many years. This figure shows ENRCCI's aggregate rate of increase for 20 major US cities, which is considered representative of construction costs in the San Diego area and, therefore, in CMWD. Project and construction costs in this report are based on a projected ENRCCI of 6,130 for January 2000 in the San Diego area. 10,000 Jan-80 Jan-82 Jan-84 Jan-86 Jan-88 Jan-90 Jan-92 Jan-94 Jan-96 Jan-98 Jan-00 Jan-02 Date Figure 2-1 Engineering News Record Construction Cost Index Construction Contingencies. A contingency allowance covers uncertainties associated with project design. Factors such as unusual foundation conditions, special construction methods, variation in final lengths or average depths of pipeline, and construction adjacent to existing facilities are just a few of the many items that may increase construction costs, and for which an allowance is made in preliminary design cost opinions. The cost of these items can vary greatly depending on the type and magnitude of project. An allowance of 20 percent of total construction cost is assumed to cover such contingencies, the addition of which results in the subtotal project cost. Engineering and Administration. The cost of engineering services for major construction projects includes some or all of the following: special investigations, surveys, foundation explorations, locating interfering utilities, detailed design, preparing contract documents, construction inspection, office engineering, materials testing, final inspection, and start-up of the completed project. Depending on the size and complexity of project, total engineering, legal and administrative costs may range from 7 to 40 percent of the contract cost. The lower percentage usually applies to relatively large projects, simple projects, and CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 2-3 Basis of Evaluation those not requiring a large amount of preliminary investigation. The higher percentage usually applies to smaller projects, projects requiring a great deal of engineering effort, or those requiring a relatively large amount of preliminary work. An allowance of 10 percent of subtotal project cost is assumed for this report. CMWD administration charges are assumed to cover items such as legal fees, financing expenses, administrative costs and interest during construction. The cost of these items can vary, but for the purpose of this evaluation, administration •charges are assumed to equal approximately 5 percent of subtotal project cost. The average total cost of all necessary engineering plus administrative services is therefore assumed to be 15 percent of the subtotal project cost, the addition of which results in the total project cost. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 2-4 Supply/Demand/ Storage Analysis '..-..•.•••,: %J. , ...- .....I,' . i «r..,V - :. -A- Mahr Reservoir has the potential to provide seasonal, emergency and operational storage for CMWD's recycled water system. The first two storage types are analyzed in this chapter. Operational storage analysis is part of ongoing related work, but outside this evaluation's scope. Results of that analysis and those of this chapter are used in Chapter 5. Seasonal Storage Three expansion milestones were selected at which to assess Mahr Reservoir's possible seasonal benefit to CMWD's existing and planned recycled water system: (1) Current situation, representing an annual system demand of approximately 1,800 AFY (2) Completion of Phase n, representing an annual system demand of approximately 5,400 AFY (3) Ultimate expansion, representing an annual system demand of approximately 9,800 AFY Three CMWD system scenarios were selected to quantify the reservoir's benefit at each milestone: (A) System supply/demand fully balanced by hypothetical seasonal storage (B) System supply/demand balanced with no seasonal storage (C) System supply/demand balanced with Mahr Reservoir working storage Demands. All scenarios used the same recycled water demand hydrograph, which was developed from the last five complete years of actual CMWD metered demand. A listing of monthly demand values and related statistics for the years 1995 through 1999 is provided in Appendix A. Because the months in which peak and minimum demands occur are not the same from year to year, a simple average of each month, as shown in the second-to-last row of the table in Appendix A, does not result in representative factors for accurately modeling and projecting system demand variations. Rather, it tends to reduce peak demands and increase minimum demands. Therefore, this simple average was adjusted by an algorithm to preserve the true average peak-month and minimum-month factors, which is more representative of historical seasonal fluctuations. This CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES'3-1 Supply/Demand/Storage Analysis adjusted average is shown in the last row of the same table. The resulting adjusted peak-month factor of 2.10 is used for subsequent facility analysis. A unit hydrograph was developed for monthly irrigation demands based on this adjusted five-year system average. Figure 3-1 is a graphical representation of the adjusted hydrograph. Based on these adjusted factors, July has the representative peak-month demand and January has the representative minimum-month demand. This hydrograph is typical of recycled water monthly demand variations and reflects typical southern California irrigation cycles. 2.50 0.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month Figure 3-1 CMWD Recycled Water Demand Hydrograph Supplies. Existing and planned CMWD recycled water supply sources include the following: a Carlsbad Advanced Wastewater Treatment (AWT) facility, to be constructed by CMWD at the Encina "Water Pollution Control Facility (WPCF), owned and operated by the Encina Water Authority p Meadowlark WRF, owned and operated by VWD a Gafner Water Reclamation Plant (WRP), owned and operated by Leucadia County Water District Based on CMWD preferences, for this evaluation it is assumed that production capacities of these plants would be used in the order listed above. Estimated available peak-month plant supply capacities in million gallons per day (MOD) and acre-feet per month (AFM) for each of the three milestones are listed in Table 3-1. Calculated required plant supply capacities for each scenario, which are sometimes less, are discussed below. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 3-2 Supply/Demand/Storage Analysis ,0 ;^ Table 3-1 CMWD Recycled \Vat«r Supply A^ 1 Supply Source Carlsbad AWT Meadowlark WRF Gafner WRP Total Estimated Peak-Month Availability Current MGD AFM 0.00 1.70 0.75 2.45 0 159 70 229 Phase II MGD AFM 4.00 2.00 2.00 8.00 374 187 187 747 Ultimate MGD AFM 15.0 3.0 2.0 20.0 1,401 280 187 1,868 Seasonal Balancing. A computerized spreadsheet model of CMWD's recycled water system was developed to test monthly supply/demand balances, and the resulting use of seasonal storage. The model was applied to each of the three scenarios at each of the three milestones, for a total of nine analyses. For those analyses using Mahr Reservoir as seasonal storage, reservoir filling was assumed to occur in January and February, the two lowest demand months. Copies of these analyses are found in Appendix B and labeled by milestone and scenario: 1A, IB, 1C, 2A, 2B, 2C, 3A, 3B, and 3C. A critical test for seasonal supply/demand balancing is satisfying peak-month demand, either directly from one or more supply sources, or from a combination of direct supply and water returned from seasonal storage (reservoir outflow). Peak-month results in AF from the nine analyses are summarized in Table 3-2. v ^^1^;^^ Milestone/ Scenario 1 - Current A B C 2 - Phase II A B C 3 - Ultimate A B C Peak-Month Volume, AFb Demand 315 315 315 945 945 945 1,716 1,716 1,716 Required Supply Carlsbad 0 0 0 374 374 374 817 1,401 1,401 Meadow. 150 159 159 76 187 187 0 280 164 Gafner 0 70 70 0 187 187 0 35 0 Other' 0 86 16 0 198 62 0 0 0 From Storage 165 0 70 495 0 136 899 0 151 Total 1 Storage Volume, AF 548 0 151 1,644 0 151 2,983 0 151 a) Peak month assumed to be July, with a peak-to-average-month ratio of 2.10, based on Figure 3-1. b) Because of round-off, sums of volumes may differ by ±1 AF. c) Other supply capacity assumed to be supplemented potable water. In assessing Mahr Reservoir's seasonal benefit to CMWD's system, it is helpful to compare the reservoir with an equivalent peak-month supply source, both in CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 3-3 Supply/Demand/Storage Analysis volume delivered (AF) and equivalent production rate (MOD). The estimated volume delivered from storage by Mahr Reservoir is shown in the second-to-last column for Scenario C under each of the three milestones in Table 3-2. It is also a useful perspective to see what fraction Mahr Reservoir's storage would represent of the total seasonal storage needed to fully balance the recycled water system for each of the three milestones. These data are summarized in Table 3-3.. . .^v^^g^bk to CMWD :«;••". . :^:. 1 Milestone Current Phase H Ultimate Peak-Month Supply AF 70 136 151 Equivalent Peak-Month Production Rate MGD 0.75 1.46 1.62 Fraction of Fully-Balanced Storage percent 28 9 5 Because of production limitations in planned Phase n Meadowlark WRF and Carlsbad AWT expansions, 62 AF of other supply (probably potable water), in addition to Mahr Reservoir, would be needed to balance peak-month Phase n demands under Scenario 2C. Emergency Storage Mahr Reservoir's emergency storage benefit to CMWD's system depends on total recycled water production capacity available, demand on the distribution system, and volume of water in the reservoir, all at the time of the emergency, and time of year. Because of such a wide range of variables, only a sample analysis was performed, using the same computerized spreadsheet model noted above. As an analytical basis, the model was applied to the Phase II milestone Scenario 2C (see Appendix B), in which the routine seasonal filling of Mahr Reservoir occurred in January and February. After an assumed emergency draw-down to offset simulated lost supply in a given month, the model was constrained to refill the reservoir as quickly as possible so to be full in May, leaving the reservoir available to provide its full seasonal storage benefit. The simulated supply loss was constrained to be subsequently offset by recycled water production, up to maximum available rates, without the use of additional potable water supplement (beyond that already estimated for Scenario 2C). Given these constraints, there were only three months during which the reservoir could provide emergency supply: February, March and April. Three simulations were run, one for an emergency supply loss in each of those three months. Copies of these analyses are found in Appendix C and captioned by volume and month of supply loss, all being labeled Scenario 2D. The following emergency storage (supply loss offset) could be provided by Mahr Reservoir: in February, 149 AF; in March, 151 AF; and in April, 131 AF. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 3-4 i /' Supply/Demand/Storage Analysis If water were stored in the reservoir—beyond the minimum operating pool volume—over more of the year, say starting in the fall, emergency supply could be available for more months. To maintain the full seasonal benefit discussed in the previous section, no emergency storage would be available-May through September. It is important to correctly condition emergency storage availability, so as not to inappropriately "double-count" Mahr Reservoir storage for both seasonal and emergency purposes. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 3-5 V\ ^•f- ^^M+!:M Chajpteir''4-' Facility Alternatives - , -:'V .-::&- _,.V '.- ^ --I'. ::Ji»: . .f....'.. V •- 7- . .-:- .. •« Possible Facility Improvements Mahr Reservoir's recycled water system benefit accrues both from seasonal and emergency storage value, noted in Chapter 3, and operational storage value, discussed in Chapter 5. To realize these values, facility improvements are required to mitigate known problems. These improvements could occur at the reservoir, or at other locations to affect water quality of reservoir inflow and/or outflow. The following improvements have been considered: a Removing nutrients from reservoir inflow at the wastewater treatment plants a Modifying the existing reservoir I/O works, with multiple ports for best seasonal water stratum selection a Adding an aeration/destratification system in the reservoir a Adding chlorination to reservoir outflow a Reusing existing microscreens, either at Meadowlark WRF or relocated to Mahr Reservoir, to remove suspended material from reservoir outflow o Adding reservoir lining and covering Wastewater Inflow Nutrient Removal. Phosphorus and nitrogen are macronutrients for algae and other plant growth. Both constituents are typically present in wastewater at concentrations many times higher than growth limiting values. Removing phosphorus from reservoir inflow would typically involve chemical precipitation as part of primary treatment at a wastewater treatment plant. Removing nitrogen would typically involve nitrification/denitrification as part of secondary treatment at a wastewater treatment plant. While Meadowlark WRF is physically closest to Mahr Reservoir, planned system-wide recycled water production, as illustrated in Chapter 3, projects Carlsbad AWT production to dominate the recycled water blend, even in Phase n. In addition, Gafner WRP's Phase n production is projected to be comparable to Meadowlark WRF's. Therefore, one or both nutrient removal processes would have to be implemented at all three plants to substantially control nutrients. Each nutrient removal process adds significant cost to a wastewater treatment plant's liquid stream and incidental cost to a plant's solids stream. While substantial nutrient reduction at each plant would help control algae growth in the reservoir, the nutrient loss is a disbenefit to the recycled water system's irrigation CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-1 Facility Alternatives customers. Various studies have valued the typical wastewater nutrient fertilizer "credit" at $40 to $50 per acre-foot. Estimating the precise benefit to the reservoir of a given amount of nutrient removal would require a detailed analysis of the combined plant effluents and water stored in the reservoir. The analysis would then determine limiting nutrient quantities, which typically involve very low concentrations, as treatment process target values. These estimations are beyond this evaluation's scope, and this candidate improvement is not considered further. Modified I/O Works. The current reservoir I/O works has only one set of openings around elevation 550 feet, only a few feet above the basin bottom. An improved I/O works would have multiple sets of openings, say four additional, equally spaced, approximately 9 feet apart vertically. This would allow selective water withdrawal from the stratum having the seasonally best water quality, e.g., avoiding a layer of algae in the top 5-10 feet of water, and avoiding intake of bottom sediment. There are two basic I/O works configurations: a free-standing tower rising from the reservoir bottom, and a laid-back structure secured to the upstream dam face. A free-standing tower could in concept be constructed on top of the existing I/O works. A laid-back structure could be connected between the existing I/O works and the toe of the upstream dam face. A review of conceptual design considerations for the two alternatives indicated the latter alternative would be less disruptive, probably less expensive, and therefore, preferable. Either I/O modification would require review by the State of California, Division of Safety of Dams (DSOD). Key consideration by DSOD would be maintaining adequate and controllable reservoir draw-down capability for dam emergencies. The plan location of the modified I/O works with respect to the existing works and other existing and proposed reservoir features is shown on Figure 4-1. A drawing of a laid-back I/O structure is shown on Figure 4-2. Four I/O port valves would be provided for selecting the best quality water stratum, and an additional valve would isolate the existing works. The latter valve would be normally closed, and this existing opening used as a fifth regular I/O port and as an emergency outlet to satisfy jurisdictional dam draw-down requirements. Preliminary sizing of I/O works components was based on hydraulic network analyses of proposed CMWD recycled water distribution system expansions, which are represented in the recently completed Encina Basin Recycled Water Distribution System Study. Although volumes associated with Mahr Reservoir's operational storage function are relatively small compared with those of seasonal storage, operational storage peak-hour hydraulic requirements should be used to size I/O piping and valves. Table 4-1 lists peak-hour withdrawal rates estimated in the above-noted work for the Phase n and ultimate system expansions. As additional recycled water production capacity and operational storage volumes elsewhere are ultimately developed, the peak-hour demand on Mahr Reservoir's storage decreases from Phase II to the ultimate condition. Hence, the estimated CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-2 EXISTING ACCESS ROAD SCALE: 1" = 200' PROPOSED OPERATIONS BUILDING SPILLWAY (ELEVATION 594.51)VICINTY MAP NO SCALE EXISTING ACCESS ROAD TO RANCHO SANTA FE ROAD TO RANCHO SANTA FE ROAD // PROPOSED // INLET/OUTLET EXISTING 18" ACP INLET/OUTLET PIPELINE - PROPOSED CURB AND MAINTENANCE ROAD PROPERTY BOUNDARY DAM CREST (ELEVATION 59S.S1) EXISTING FENCING — EXTENT OF PROPOSED COVER/LINER IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES FIGURE 4-1 PROPOSED MAHR RESERVOIR IMPROVEMENTS PROPOSED AIR/VACCUM VALVE MAXIMUM OPERATING POOL W.S. EL 693 ^MINIMUM OPERATING POOL W.S. EL 555PROPOSEDSS SCREEN PROPOSED 24" STEEL PIPELINE PROPOSED 18" CONTROL VALVE PROPOSED PIPE SUPPORT, TYP PROPOSED 24" STEEL PIPELINE SECTION PROPOSED GRATINGEXISTING 18" ACP INLET/OUTLET PIPELINE PROPOSED 24"X18" REDUCER PROPOSED18" RISERPROFILE SCALE: HORZ 1"-20'-0" VERT PROPOSED 18" TEE PROPOSED CONCRETE VAULT CGvL |NASSOCIATIONWITH JOHN POWELL & ASSOCIATES PROPOSED FLEXIBLE COUPLING, TYP PROPOSED 18" CONTROL VALVE FIGURE 4-2 PROPOSED MAHR RESERVOIR I/O WORKS Facility Alternatives Phase n peak-hour withdrawal rate is higher than the ultimate rate, and the Phase n rate should be used for I/O works sizing. Because the runs are short, the existing 18-inch I/O pipeline, which lies under the darn, and proposed extension up the dam face should be considered as distribution pipelines for sizing. As shown in Table 4-1, peak-hour velocities in the existing 18-inch I/O pipeline will exceed normal hydraulic design criteria discussed in Chapter 2. This situation would improve from Phase n to the ultimate condition. The higher velocities could be tolerated in the existing piping, since its replacement or paralleling would be extremely difficult, but the proposed extension to the works should use 24-inch piping, the nearest regular pipe size satisfying hydraulic design criteria. ;;^f&rf^!^T^ *?•• '^' '^3)1 •••• Parameter Peak-Hour Flow Based on Existing I/O Pipeline Diameter (18 Pipe Velocity Based on Hydraulic Criteria Diameter (24 in< Pipe Velocity Units' gpm inches) : fps :hes)b: fps Milestone Phase II 7,947 10.6 5.6 Ultimate 6,473 8.6 4.6 a) Unit abbreviation: gpm = gallons per minute. b) Using a friction factor of C = 120. Because the total headloss difference between a 24-inch and 18-inch valve is relatively small, and the cost difference relatively larger, 18-inch valves are assumed for the four proposed new I/O port controls. Each I/O port would be protected from coarse suspended material by appropriate stainless steel screens. The arrangement of these screens is highlighted on Figure 4-2, and a photograph of similar I/O port screens at SMWD's Upper Oso Reservoir is shown on Figure 4-3. All valves would be hydraulically operated with control lines terminating in a proposed operations building at the reservoir's north side, as shown on Figure 4-1. A probable cost opinion of the modified I/O works is given in Table 4-2. Aeration/Destratification System. A body of water like Mahr Reservoir, several feet deep or more, will naturally tend to undergo thermal stratification. Because of solar heat load, upper and lower waters tend to become thermodynamically "separate" with respect to uniform mixing. Upper waters tend to stay well mixed and aerobic, while lower waters become stagnant and anoxic. The latter environment, especially with chemicals present in recycled water, can promote hydrogen sulfide and other odiferous chemical production. With CMWD's climate, one stratification cycle per year will occur, with onset in spring, greatest stratification in late summer, natural mixing or "turnover" in fall, and well-mixed water in winter. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-5 Facility Alternatives Upper two I/O ports, looking east. Figure 4-3 Upper Oso Reservoir I/O Works An aeration system can perform substantial mixing of the reservoir volume and provide supplemental oxygen. This mixing can prevent or eliminate stratification, and its undesirable consequences, and even help control certain algae growth. Typical Southern California experience shows the system only needs to operate part of the day or a few days a week, and only during the spring-to-fall half of the year. A common system configuration, used in several reservoirs and lakes in San Diego and Orange Counties, includes an air compressor, usually housed in a small building for protection and sound attenuation; an air supply pipeline; and a diffuser pipeline, usually located 5-10 feet above the bottom near the deepest portion of the basin. Keeping this diffuser pipeline well submerged is one reason to establish a 12.5-foot deep minimum operating pool, discussed in Chapter 1. The operations building noted above could house both the I/O works valve controls and the aeration/destratification system's compressor. Location of these features is shown on Figure 4-1. A photograph of the proposed operations building site is provided as Figure 4-4. COPY CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-6 Facility Alternatives ^v • i> r:#- :V>^^Table4i Cost Opinion for Mahr Reservoir -I/O Works Vf^ ^ — : Item Demolition Work Concrete Vault Excavation Backfill Concrete Shoring 24-Inch Steel Pipe w/Epoxy Coating Welding Joints 1 8x 1 8x 1 8-inch Tee w/Epoxy Coating 18-inch 90-degree Elbows w/Epoxy Coating 24x 1 8-inch Reducer w/Epoxy Coating 24x24x1 8-inch Tee w/Epoxy Coating Flexible Coupling 1 8-inch BFV w/ Hydraulic Cylinder Stainless Steel Wire Screen Hydraulic Accumulator System Pipe Support Miscellaneous Metalwork Electrical/Instrumentation Sales Tax on Material Cost, 7.75 percent Mobilization & Demobilization, 3 percent Subtotal Construction Contractor OH&P Total Construction Contingency Subtotal Project Engineering & Administration Total Project Quantity No. 1 33 16 10 5 140 30 5 1 1 4 2 5 4 1 20 1 1 Unit1 LS CY CY CY ton ft each each each each each each • each • each each each LS LS 20 percent 20 percent 15 percent Material Cost dollars Unit 0 40 40 200 600 . 115 315 900 950 680 1,730 500 5,000 3400 32,000 250 3,500 12,000 Total 0 1320 640 2,000 3,000 16,100 9,450 4,500 950 680 6,920 1,000 25.000 14,000 32,000 5,000 3400 12,000 Labor Cost dollars Unit 20,000 • 20 20 400 360 105" 33 '982 769 763 U26 .650 2400 1400 . 41,000 500 1458 5,900 Total 20,000 660 320 4,666 1.800 14,700 990 4,910 769 763 4404 1,300 12400 • 6,000 41,000 10,000 1458 5,900 BH 1 Total Cost dollars11 20,000 1,980 960 6,000 4,800 30,800 10,440 9,410 1,719 1,443 . 11.424 2,300 37400 20,000 73,000 15,000 5,058 17,900 10,700 8,092 288,526 57,705 346,231 69,246 415,477 62,322 477,799 a) Unit abbreviations: LS = lump sum; CY = cubic yard. b) Cost for January 2000. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-7 Facility Alternatives Wide spot in access road, looking east over spillway. Figure 4-4 Proposed Mahr Reservoir Operations Building Site For durability and flexibility, the air supply and diffuser pipelines are assumed constructed of 4-inch diameter polyethylene piping. The diffuser pipeline would have small, appropriately-sized holes drilled approximately every five.feet for its entire length. This pipeline would be held in place, approximately parallel to the reservoir bottom, by a series of anchors that resist the pipeline's tendency to rise when charged with air. This type system has been operating at SMWETs Upper Oso Reservoir for approximately ten years. While other aeration/destratification systems are feasible, a probable cost opinion for the one described here, with costs adjusted from SMWD's experience, is presented in Chapter 5. Outflow Chlorination. Open seasonal storage generally degrades bacteriological water quality below those levels specified by Title 22, California Code of Regulations, for disinfected tertiary effluent at a treatment plant production source. The extent of degradation depends on the size of the drainage area tributary to the reservoir and the development characteristics of the drainage area. While not currently required by regulatory agencies, chlorination of reservoir outflow could be done to mitigate this degradation. Because of no regulatory requirement for outflow disinfection, the very small Mahr Reservoir tributary watershed area, and no predominant outflow chlorination practice elsewhere CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & As1 4-8 Facility Alternatives specifically for disinfection, this candidate improvement is not considered further. It could be reconsidered for a future phase of work. Outflow Microscreening. Reusing the existing fine screens could provide some control of water quality, although distribution system algae problems still occurred during the original deployment. Such reuse w6uld involve improvements in situ at the Meadowlark WRF or equipment relocation to the Mahr Reservoir site. Some WRF process and related modifications could be required. A significant drawback to outflow microscreening is the need to break head. Mitigating this hydraulic disruption would require pumping designed for peak- hour flow rate and complex pump controls. In light of these disadvantages, and the years of several major recycled water storage reservoirs (see .Chapter 1) operating successfully without such treatment, this candidate improvement is not considered further. If the need emerges to remove paniculate matter in reservoir outflow beyond that removal accomplished by the proposed I/O port screens, large and relatively inexpensive strainers of the type used by SMWD for Upper Oso Reservoir could be deployed. These could be installed in-line, with no head break, on the existing 18-inch I/O line near where it emerges from the downstream dam toe. In normal operation such strainers involve a typical headloss of only a few pounds per square inch. Reservoir Lining and Covering. Lining and covering a reservoir can control algae growth and other water parameters. Two lining and covering alternatives were considered candidates for Mahr Reservoir: a Alternative A - a floating cover with a gee-membrane liner a Alternative B - a floating cover with a porous asphaltic-cement (AC) liner The geometric configuration of the existing reservoir was reviewed for compatibility with the two commonly used systems for maintaining tension on a floating cover: weight-tensioning and mechanical-tensioning. Weight-tensioned floating covers are distinguished by a series of strategically located trough weights and floats attached to the floating cover to take up excess material and keep the floating cover taut. These trough weights create a fold where excess material accumulates and that also serves as a rainwater collection trough. Rain falling on the floating cover migrates into the troughs and is removed by a rainwater removal system, consisting of pumps or gravity drain assemblies. With mechanically-tensioned floating covers, cables are attached to the floating cover and connected to a counter-weight and pulley system to maintain floating cover tension. The counterweights are housed in a number of small individual towers surrounding the reservoir perimeter. The rainwater removal system CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-9 Facility Alternatives typically consists of pumps or gravity drains placed on the floating cover to remove surface water. Both these cover systems have very similar estimated unit costs. The reservoir site can be reconfigured to suit either cover system; however, the mechanically- tensioned cover system would only be practical if the operating water level of the reservoir was restricted to the upper 15 feet of its range. A weight-tensioned cover system would allow the full operating range in the existing reservoir to be used. Therefore, for this evaluation, a weight-tensioned cover system, with 45- mil polypropylene cover material and full perimeter sump, is considered for budget pricing of both lining and covering alternatives. Recommended impermeable geo-membrane liners for this application include a 45-mil polypropylene liner or a 60- to 90-rnil high-density polyethylene (HOPE) liner. HDPE liners are cheaper, but have a higher coefficient of thermal expansion, making installation and maintenance more complicated. For this evaluation, the 45-mil polypropylene liner is considered for budget pricing for Alternative A. It is anticipated that the addition of an impermeable geo-membrane would require careful review by a geotechnical engineer and DSOD. Key items for consideration by DSOD would be potential loss of soil moisture in the dam embankment, under-drain piping and under-drain relief piping. The loss of moisture in the dam embankment could be significant as the dam core appears to be constructed with clay, based on available record drawings. It is likely the under-drain relief piping could require penetrating the dam embankment to discharge under-drain flows. Other items that are typically part of an existing reservoir retrofit with a floating cover and a geo-membrane liner include: o A means to anchor the edge of the liner o Appurtenances such as vents, access hatches, and inflation ports Q A rainwater relief system A probable construction cost opinion for adding a floating cover and geo- membrane liner to Mahr Reservoir is shown in Table 4-3. The costs for the basic appurtenances described above are included in the unit cost for the cover and are based on past experience with similar projects. As described above, it is anticipated that a geo-membrane liner system may not be compatible with the existing dam embankment and would require considerable review by DSOD. Therefore, porous AC liner system, Alternative B, was reviewed as another method for lining the reservoir. This type of liner system would not require an under-drain system and under-drain relief piping. This alternative would likely reduce requirements for DSOD permitting. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-10 Facility Alternatives . • -_•;• v-.'- ""•-. * • , ' - .•'."'••.'••- •-._. . *j.~. . • "«*; •" ' . - • - ,""•:- ;" " > ... - - .. . • r'. >V:^ Item' Porous AC Liner Polypropylene Liner Underdrain (in reservoir) Underdrain (through embankment) Base" Polypropylene Cover & Appurtenances' Concrete Ringwall Appurtenances Excavation Subtotal Construction Contractor OH&P Total Construction Contingency Subtotal Project Engineering & Administration Total Project Quantity* 385,000 385,000 1,600 500 115,500 350,000 2,900 1 20 percent 20 percent 15 percent Unit Cost Sl/SF Sl/SF S25/LF . S40/LF S0.75/SF S2.10/SF S40/LF LS Total Cost, dollars' Alternative A N/A 385,000 40,000 20,000 86,625 735,000 116,000 100,000 1,482,625 296,525 1,779,150 355,830 2,134,980 320,247 2,455,227 Alternative B 385,000 N/A N/A N/A . 86,625 735,000 116,000 100,000 1,422,625 284,525 1,707,150 341,430 2,048,580 307,287 2355,867 a) This estimate only includes costs for work associated with the liner and cover. Costs for inlet and outlet structures, minor concrete, and other miscellaneous work have not been included. b) Base quantity assumes a bottom area with 6" thick decomposed granite base. Type and cost of base may change based on a detailed geotechnical evaluation. c) Appurtenances include vents, access hatches, inflation ports, and rainwater relief system. d) Excavation cost may change based on actual site conditions and method of excavation. e) Volume = 160 AF, surface area = 350,000 square feet (SF), bottom area = 385,000 SF, perimeter = 2,900 linear feet. f) Cost for January 2000. A probable cost opinion for adding a floating cover with a porous AC liner to Mahr Reservoir is also shown in Table 4-3. The cost for basic appurtenances described above are also included in the unit cost for the cover. These costs are based on past experience with similar projects and accepted cost references. In order to install either alternative lining and covering system, the existing reservoir would require draining, debris/sludge removal, dewatering and remedial grading to reconfigure the side slopes and reservoir bottom. Prior to liner system installation, base material would be placed as recommended by a geotechnical engineer. For the purposes of this evaluation, allowances have been made for excavation and installation of base material, based on similar projects. , Operation and maintenance costs for a floating cover and liner system depend somewhat on liner alternative. These can be estimated if a decision is made to pursue either lining and cover alternative further. As shown in Table 4-3, Alternatives A and B have comparable costs; however, Alternative B would not require a possible change to the design intent of the dam embankment nor would it require a piping penetration through the embankment for under-drain relief. For these reasons, it is believed that the Alternative B CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 4-11 Facility Alternatives would be easier to design, permit and maintain. Based on results of this evaluation, the floating cover with a porous AC liner is considered further in Chapter 5. Miscellaneous Site Work. Other more minor site improvements may be required in addition to the major ones previously discussed. These items could include improving site access roadways, adding selective landscape treatment, and installing a protective surface on the upstream dam face. The latter could be accomplished with AC pavement, which would mitigate erosion as well as decrease "foothold" for rooted aquatic vegetation. A lump cost opinion is provided for these items in Chapter 5. Alternative Combinations of Improvements Two types of facility alternatives are defined: using or not using Mahr Reservoir in the planned recycled water system; and, if the decision is to use Mahr Reservoir, selecting the best combination of facility improvements. To make a fair comparison when Mahr Reservoir is not to be used, equivalent seasonal, operational, and emergency supply components must be considered. These could include additional peak-month supply capacity and an above-ground operational storage reservoir, respectively. These alternatives and cost opinions thereof are discussed in Chapter 5. The long-term history of other recycled water seasonal storage reservoirs, discussed in Chapter 1, argues strongly against the need for a lining and covering system at Mahr Reservoir. Given that and the relatively large cost of lining and covering systems, two combinations of improvements are considered. The first combination involves the following improvements: a Dredging and cleaning the reservoir bottom o Modifying the I/O works a Adding an aeration/destratification system a Performing miscellaneous site work. The second combination involves all the above plus adding lining and covering. Since Mahr Reservoir has a very small tributary watershed area, the first combination of improvements should provide adequate water quality. Dredging and cleaning, and use of aeration/destratification will tend to maintain an aerobic environment throughout the reservoir water column throughout the year. This will tend to eliminate hydrogen sulfide production and other unpleasant odors. Multiple ports in a modified I/O works will tend to allow best quality water stratum selection. Since algae grow largely near the reservoir water surface, this will tend to greatly minimize the likelihood of algae being moved into the distribution system. CGvL ENGINEERS IN ASSOCIATION WITH J OHN POWELL & ASSOCIATES 4-12 Facility Alternatives An additional reason, besides cost, exists for deferring further consideration for reservoir lining and covering. In 1997 the State Department of Health Services published a comprehensive evaluation of reservoir lining and covering systems. Their primary focus was a sanitary assessment with respect to potable water storage and quality. However, they noted some generic concerns that would be relevant to application with high-quality recycled water as planned by CMWD: a Cover materials are "vulnerable to puncture" and "slashes," as from vandalism, and cover seams are "potential weak spots that can compromise the watertight integrity" Q Drainage systems used to remove accumulated rainwater are "not reliable" o Many of the agencies that have installed lining and covering systems "have attempted to establish... a (maintenance) program but found this process to be exceedingly difficult, labor intensive, and expensive." CGvL ENGINEERS IN ASSOCIATION WITH ]OHN POWELL & ASSOCIATES 4-13 M^M;. Chapter' 5 Alternative Costs ^ASS and Phasing .' •.'• c_-_-'_--*•.-?• ,~f ,-*-•':• ~-.„•!••- '• '->:'•'•'-• .---.' -*i .«,:•*- . ^& - Mahr Reservoir Use Benefits Mahr Reservoir can provide seasonal, operational (diumal), and emergency storage to CMWD's recycled water production and distribution system. Seasonal and emergency storage benefits are quantified in Chapter 3. Absent Mahr Reservoir, CMWD's system would need equivalent peak-month supply capacity. This would require, for comparative analysis, a marginal increase in peak-month supply from the Carlsbad AWT facility, according to the flow rates given in Table 3-3. From an operational storage perspective, Mahr Reservoir is favorably located geographically and topographically. It provides a storage volume well suited to service demand along Rancho Santa Fe Road, both north and south of the reservoir site, and it could back-feed flow into the lower distribution system pressure zone. The reservoir is also at a key elevation for establishing the hydraulic grade line in the nearby portion of the distribution system. Absent Mahr Reservoir, the system would need equivalent operational storage capacity. This would require, for comparative analysis, an alternative 1.5-MG reservoir at a site in the vicinity near elevation 550 feet. From an emergency storage perspective, Mahr Reservoir's volume could offset a loss of supply at one of the regular production sources for a given period of time. The appropriate volume would vary depending on total system production capacity available, demand on the distribution system, volume of water in the reservoir, and lime of year. For example, if a supply outage occurred in the peak demand month, the volume withdrawn for emergency supply offset would directly eliminate a corresponding volume of peak-month seasonal storage. Emergency storage remains a benefit for Mahr Reservoir, but it is difficult to quantify monetarily. Sample volumetric approximations are given at the end of Chapters. Another possible benefit of Mahr Reservoir relates to ocean outfall capacity. During the winter, Encina WPCF may incur hydraulic limitations in peak wet- weather treated wastewater disposal capacity. Water reclamation, via the CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 5-1 Alternative Costs and Phasing proposed Carlsbad AWT facility, could remove some flow from the disposal stream. Because of low winter demand, such excess recycled water would have to be stored. However, according to the analyses included in Appendix B, even in the current condition, Mahr Reservoir's volume is relatively small and would not necessarily take enough flow in the winter to save significant treated wastewater disposal capacity in the ocean outfall system. Appropriate estimations of realistic volumes wbuld require more detailed modeling of Encina WPCF and are beyond this evaluation's scope. Therefore, no benefit is quantified for this function. Comparative Improvement Costs For Phase II cost comparison, Alternative 1 includes use of Mahr Reservoir and all the facility improvements summarized at the end of Chapter 4. Alternative 2 replaces Mahr Reservoir with an equivalent new 1.5-MG, above-ground, steel, operational storage reservoir on a newly-purchased site; and 1.46-MGD additional peak-month equivalent supply capacity (see Table 3-3), assumed as a marginal increase to planned Carlsbad AWT expansion capacity. Table 5-1 shows resulting capital costs by line item and totals. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 5-2 Alternative Costs and Phasing U • $ •£ -• -Tabl£&i Comparative Costs for Mahr Reservoir Phase II Capacity Value .-%:Y; ;; 1 Item With Mahr Reservoir Dredging & Cleaning8 Modified I/O Works' Aeration/Destratification System* Lining and Coveringb Miscellaneous Site Work3 Without Mahr Reservoir New Oper. Storage Res. Site* New Oper. Storage Res. Construction*1 Additional Peak-Month Plant Capacity11 Subtotal Construction Contractor OH&P Total Construction Contingency Subtotal Project Engineering & Administration Total Project Quantity 1 1 1 160 AF 1 1 acre 1.5 MG 1.46MGD 20 percent 20 percent 15 percent Unit Cost lump sum lump sum lump sum lump sum lump sum lump sum 413,000 1,167,000 Total Cost, dollars' Alternative lf 150,000- 289,000 166,000 1,423,000 175,000 N/A N/A N/A 2,203,000 441,000 . 2,644,000 529,000 3,173,000 476,000 3,649,000 Alternative 2g N/A N/A N/A N/A N/A 100,000 620,000 1,704,000 2,424,000 485,000 . 2,909,000 582,000 3,491,000 524,000 4,015,000 a) Preliminary estimate, b) Cost based on lining and covering Alternative B. c) Volume sized per final distribution system analysis, d) Capacity based on Chapter 3 analysis, shown in Table 3-3; cost based on incremental capital improvements in Preliminary Design Report for the Carlsbad Water Recycling Facility. e) Cost for January 2000; assumes remainder of recycled water supply and distribution costs for a total Phase II system at 5,400 AFY is the same for both alternatives. f) Assumes Mahr Reservoir improved for use as operational and seasonal storage. g) Assumes equivalent operational storage and peak-month supply capacity obtained without Mahr Reservoir. At this estimating level, Alternative 1's total project cost is slightly less than Alternative 2's total project cost. Alternative 2's total project cost would change a small amount if a different capacity operational storage reservoir were used and if a different plant capacity were chosen. More significantly, Alternative 2's total project cost would increase for the ultimate condition, while Alternative 1's total project cost would not. In that condition, an estimated 3.5 MG of alternative operational storage and a total additional peak-month plant capacity of 1.62 MOD (see Table 3-3) would be needed, which would increase Alternative 2's total project cost by approximately $1,842,000, as shown in Table 5-2, Considering these additional costs to Alternative 2 and the monetarily unquantified emergency storage benefit of Alternative 1, Alternative 1 appears the least-cost capital option. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 5-3 Alternative Costs and Phasing • ^;^; ^TableS^T^^ -|f|i J Item With Mahr Reservoir Per Table 5-1 Without Mahr Reservoir New Oper. Storage Res. Site1 New Oper. Storage Res. Construction1" Additional Peak-Month Plant Capacity0 Subtotal Construction Contractor OH&P Total Construction Contingency Subtotal Project Engineering & Administration Total Project Quantity 1 2 acres 3.5 MG 1.62 MOD 20 percent 20 percent 15 percent Unit Cost lump sum lump sum 413,000 1,167,000 Total Cost, dollars'1 Alternative 1* 2,203,000 N/A N/A N/A 2,203,000 441,000 2,644,000 529,000 . 3,173,000 476,000 3,649,000 Alternative 2f N/A 200,000 1,446,000 1,891,000 3,537,000 707,000 4,244,000 849,000 5,093,000 764,000 5,857,000 a) Preliminary estimate, b) Volume estimated from ratio of ultimate to Phase n demands, c) Capacity based on Chapter 3 analysis, shown in Table 3-3; cost based on incremental capital improvements in Preliminary Design Report for the Carlsbad Water Recycling Facility. d) Cost for January 2000; assumes remainder of recycled water supply and distribution costs for a total ultimate system at 9,800 AFY is the same for both alternatives. e) Assumes Mahr Reservoir improved for use as operational and seasonal storage. f) Assumes equivalent operational storage and peak-month supply capacity obtained without Mahr Reservoir. Operating costs for Mahr Reservoir would be relatively minor, and probably comparable to those associated with Alternative 2. They are not considered herein because they would not be expected to affect the decision. Improvement Phasing If lining and covering were deleted from Alternative 1, the resulting total cost would be substantially less than the .cost for any version of Alternative 2. Alternative 1 could be phased, with initial Mahr Reservoir improvements for Phase n including all items except lining and covering, which would be deferred as discussed in Chapter 4. These Phase II reservoir improvements could be tested for several years before reconsidering the need for additional reservoir improvements. If lining and covering were needed, it could be constructed as part of a Phase in system expansion. Based on Table 5-1, the total project cost opinion for initial reservoir improvements under Alternative 1 is shown in Table 5-3. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 5-4 Alternative Costs and Phasing ';\& •:•--! -Table 5-3i Cost Opinion^ ^-1 Item Dredging & Cleaning Modified I/O Works Aeration/Destratification System Miscellaneous Site Work Subtotal Construction Contractor OH&P Total Construction Contingency Subtotal Project Engineering & Administration Total Project Quantity 1 1 1 1 20 percent 20 percent 15 percent Unit Cost lump sum lump sum lump sum lump sum Total Cost dollars 150,000 289,000 166,000 175,000 780,000 156,000 936,000 187,000 1,123,000 ' 168,000 1,291,000 a) All entry notes same as for Table 5-1. CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 5-5 Recommendations Facilities In light of the foregoing evaluation and related ongoing preliminary design of CMWD's recycled water distribution system, the following recommendations are made to CMWD regarding Mahr Reservoir. o Proceed with acquisition of rights from VWD to improve and use the reservoir on a long-term basis a Phase reservoir improvements as delineated in Chapter 5, with further consideration for a liner and cover deferred to system expansion Phase HI o Design and construct all initial reservoir improvements in parallel with other Phase II system expansion improvements o Once the improved reservoir is placed in service, test its performance for several years before reconsidering the need for additional improvements. Monitoring Program To properly test performance of an improved Mahr Reservoir, an adequate monitoring program will need to be initiated. Such a program typically requires use of a boat for sample acquisition and use of a portable analyzer to measure common limnetic parameters at different depths. Table 6-1 illustrates a typical program, with samples collected in the water column between the existing reservoir I/O works and the upstream dam toe. Daily sample timing would depend on operating times of the proposed aeration/destratification system and any specific regulatory requirements. ^£j0)ff^ ' Parameter Dissolved Oxygen Temperature PH Electrical Conductivity Oxidation-Reduction Potential Turbidity Coliform General Mineral Method Analyzer Analyzer Analyzer Analyzer Analyzer Analyzer Grab Grab Depth Every 5 feet Every 5 feet Every 5 feet Every 5 feet Every 5 feet Every 5 feet Top Top and Bottom Frequency Monthly Monthly Monthly Monthly Monthly Monthly Monthly Quarterly CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 6-1 Recommendations At the program's onset, similar samples Could be collected at a few other locations around the reservoir, to verify that the recommended sample location is adequately representative of the entire water body. \\NTSEB VER\SHARiD.nL\?ROJECTS\P<m»11.207>CarUbod Pb II.OOI\RM«r«ir\M»l»i«cvalDoc CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES 6-2 Appendix A HISTORICAL RECYCLED WATER DEMANDS CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES A-1 CMWD Recycled Water System Historical Monthly Recycled Water Demands8 (acre-feet), 1995-1999 Year 1995 1996 1997 1998 1999 Average Use Ratio" Use Ratio*1 Use Ratio1' Use Ratio1" Use Ratio1" Simple Adjusted'1 Jan 18.26 0.20 33.93 0.32 11.24 0.1 Oj 14.22 0.13 15.00 0.10 0.17 0.11 Fcb 10.65 0.12 12.11 0.12 34.59 0.31 22.29 0.20 55.38 0.38 0.22 0.16 Mar 9.54 0.10 16.70 0.16 108.29 0.96 50.91 0.46 64.71 0.44 0.43 0.37 Apr 42.04 0.46 89.48 0.85 1 32.47 1.18 90.73 0.82 143.92 0.98 0.86 0.82 May 89.83 0.99 152.55 1.45 181.82 1.62 161.27 1.45 204.23 1.39 1.38 1.37 Jun 127.00 1.40 223.57 2.13 215.65 1.02 228.75 2.06 190.64 1.30 1.76 1.83 Jul 149.24 1.64 198.31 1.89 179.32 1.60 191.74 1.73 332.49 2.26 1.82 2.10 Aug 193.48 2.13 203.14 1.94 171.35 1.53 208.43 1.88 183.97 1.25 1.74 1.76 Scp 181.99 2.00 158.07 1.51 152.62 1.36 158.65 1.43 188.02 1.28 1.52 1.51 Oct 128.61 1.41 130.26 1.24 1 10.35 0.98 103.86 0.94 146.19 1.00 1.11 1.09 Nov 78.10 0.86 29.78 0.28 24.06 0.21 33.23 0.30 100.79 0.69 0.47 0.42 Dec 62.08 0.68 10.93 0.10 26.26 0.23 68.39 0.62 136.37 0.93 0.51 0.46 Totals 1,090.82 1,258.83 1,348.01 1,332.46 1.761.71 1,358.37 Average 90.90 104.90 112.33 111.04 146.81 113.20 Factors' P/A 2.13 2.13 1.92 2.06 2.26 2.10 2.10 M/A 0.10 0.10 0.10 0.13 0.10 0.11 0.11 a) Based on actual CMWD metered demands. b) Annual monthly demand variation expressed as a ratio of actual monthly demand divided by the average monthly demand for that year. c) Demand factors include peak-to-average (P/A) month and minimum-to-avcrage (M/A) month. d) See report text for explanation. FAPro|ects\Powell.207\Carlsbad Ph ll.001\Reservoir\RavMoSDS - Demands 5/31/00 Appendix B SEASONAL STORAGE MODEL RUNS CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES B-l Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 1 A: With Full Seasonal Storage SUPPLY: RW=1.61 mgd; Other=0 mgd OEMAND: Current @ 1,800 ac-ft/yr 0 ac-tt existing seasonal storage, 548 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transplr., Precip., Variation in in Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a i .83 n/a n/a 2.10 n/a n/a 1 .76 n/a n/a . 1.51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft ' ac-ft ac-ft 16 0 16 24 0 24 56 0 56 123 0 123 205 0 205 275 0 275 315 0 315 264 0 264 226 0 226 163 0 163 63 0 63 70 0 70 1 ,800 0 1 ,800 RW Other Total Supply, Supply, Supply, ac-ft " ac-tt ' ac-tt 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 150 0 150 1 ,800 0 1 ,800 Reser. Reser. Unused Flow, Storage, RWSupp., ac-tt ' ec-ft • ac-tt 134 302 79 126 427 79 94 521 79 27 548 79 (55) 493 79 (125) 368 79 (165) 203 79 (114) 89 79 (76) 13 79 (13) 0 79 87 87 79 80 168 79 0 946 INPUT a) n/a = eHectlve/total precipitation ratio (no units) b) n/a = irriealion efficiency (no units) c) 1.800 = annual project irrigation demand (ac-tt/yr) d) 2.45 = maximum recycled water supply available (mgd; e) 0.00 = maximum other water supply available (mgd; I) 3.00 = maximum reservoir inflow allowed (mgd) 3.00 = maximum reservoir outflow allowed (mgd) g) 1,000 = maximum reservoir working storage available (ac-tt) 1) 2) 3) 4) 5) 6) 7) B) 9)10) 11) OUTPUT 2.10 . n/a • 1,800 i 1.00 : Jul Jan 1.61 ; 0.00 : 1.43 1.77 54B ' peak month factor (no units) = irrigation application rat* (ft/yr) = annual total demand (ac-tt/yr) c total supply/demand ratio (no units; = maximum irrigation demand month = minimum irrigation demand month : maximum RW supply used (mgd) = maximum other supply used (mgd) = maximum reservoir inflow used (mgd) = maximum reservoir outflow used (mgd) = maximum reservoir working storage used (ac-tt) I Monthly Supply / Demand £ » 500on ^ ,00 I so 0 j;c 1 rl 1 Jan Feb Mar IT ; - , • - ! OOtmana • Supply iii i 1 1 1 -i-Fin Apr May Jun Jul Aug Sep Od Nov Month i ! : i ] ' Dec Monthly Reservoir/ Unused RW Supply Jan Fet> Mar Apr May Jun Jul Aug Sep Ocl Nov DBC F:\Proiecls\Powell.207\Cartsbad Ph II.OO1\Res«rvoir\B«vMoSOS • lA-Currenl Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 1B: With No Seasonal Storage SUPPLY: RW=2.45 mgd; OtheraO.92 mgd HEM AND: Current & 1,800 ac-ft/yr fORAGE: 0 ac-ft existing seasonal storage, 0 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transpir., Precip., Variation in In Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a 1.51 n/a n/a 1 .09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft c ac-ft ac-ft 16 0 16 '24 0 24 56 0 56 123 0 123 205 0 205 275 0 275 315 0 315 264 0 264 226 0 226 163 0 163 63 0 63 70 . 0 70 1,800 0 1,800 RW Other Total Supply, Supply, Supply, ac-ft " ac-ft* ac-ft 16 0 16 24 0 24 56 0 56 123 0 123 205 0 205 229 46 275 229 86 315 229 ' 35 264 226 0 226 163 0 163 63 0 63 70 0 70 1.633 167 1,800 Reser. Reser. Unused Flow, Storage, fcWSupp., ac-ft' ac-ft' ec-ft 0 0 213 0 0 204 0 0 173 0 0 105 0 0 24 000 (0) (0) 0 0 (0) 0 0 (0) 3 0 0 65 0 0 166 0 0 159 (0) 1,113 INPUT a) rtfa = effective/total precipitation ratio (no units) b) n/a - irrigation efficiency (no units) c) 1,800 » annual project irrigation demand (ac-ftfyr) d) 2.45 = maximum recycled water supply available (mgd'. e) 1.00 = maximum other water supply available (mgd; f) 0.00 « maximum reservoir inflow allowed (mgd) 0.00 = maximum reservoir outflow allowed .(mgd) g) 0 B maximum reservoir working storage available (ac-ft) 1) 2.10 « peak month factor (no units) 2) n/a B irrigation application rate (ft/yr) 3) 1.800 m annual total demand (ac-ft/yr) 4) 1.00 = total supply/demand ratio (no units) 5) Jul = maximum Irrigation demand month 6) Jan « minimum irrigation demand month 7) 2.45 = maximum RW supply used (mgd) B) 0.92 • maximum other supply used (mgd) 9) 0.00 = maximum reservoir inflow used (mgd) 10) 0.00 = maximum reservoir outflow used (mgd) 11) 0 = maximum reservoir working storage used (ac-ft) — I Monthly Supply / Demand <n•2 V IB E 150 • *b > 100 50 0 -. j! J i r. PI I Jan Fib Mar t I z i c ( s i: ' 'j. ~ ;. j DDtmono • Supply \ InI 1 Apr May Jun Jul Aug S«p Oct Nov Month Dec 1 ; uIn , I Monthly Reservoir / Unused RW Supply 200 f 150 f Jan FeB Mac Apr May Jun Jul Aug S«p Oct Nov Dec F:\Proi«clsU>ow«ll.20rCarlst>adPhll.001\ReservoirtRevMoSDS- IB-Currenl S/31/00 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 1C: With Mahr Reservoir Seasonal Storage SUPPLY: RW=2.45 mgd; Other=0.17 mgd HEMAND: Current ® 1,800 ac-ft/yr k TORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transplr., Precip., Variation in in Ratio n/a n/a 0,1 1 n/a n/a 0.1 6 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1.37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a 1.51 n/a n/a 1.09 n/a n/a .0.42 n/a n/a 0.46 n/a n/a 1 2.00 Project Other Total Demand, Demand, Demand, ac-ft " ac-tt ac-tt 16 0 16 ' 24 0 24 56 0 56 123 0 123 205 0 205 275 0 275 315 0 315 264 0 264 226 0 226 163 0 163 63 0 63 70 0 70 1,800 0 1,800 RW Other Total Supply, Supply, Supply, ac-ft ° ac-tt' ac-ft 92 0 92 100 0 100 56 0 56 123 0 123 205 0 205 229 0 229 229 16 245 229 0 229 226 0 226 163 0 163 63 0 €3 70 0 70 1,784 16 1,800 Reser. Reser. Unused Flow, Storage, RWSupp., ac-tt ' ac-tt ' ac-ft 76 76 137 76 151 129, 0 151 173 0 151 105 0 151 24 (46) 105 0 (70) 35 0 (35) 0 0 003 0 0 65 0 0 166 0 0 159 (0) 962 jNPUT a) rVa = eriective/lotal precipitation ratio (no units) b) n/a = irrigation elficiency (no units) c) 1.800 « annual project irrigation demand (ac-lt/yr) d) 2.45 « maximum recycled water supply available (mgd; e) 0.00 « maximum other water supply available (mgd; f) 3.00 *• maximum reservoir inflow .allowed (mgd) 3.00 = maximum reservoir outflow allowed (mgd) 0) 151 E maximum reservoir working storage available (ac-tt) 1) 2.10 = peak month factor (no units) 2) n/a = irrigation application rate (tt/yr) 3) 1,800 = annual total demand (ac-tt/yr) 4) 1.00 = tolal supply/demand ratio (no units; 5) Jul = maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 2.45 « maximum RW supply used (mgd) B) 0.17 = maximum other supply used (mgd) 9) 0.81 = maximum reservoir inflow used (mgd) 10) 0.75 = maximum reservoir outflow used (mgd) 11) 151 = maximum reservoir working storage used (ae-tt) Monthly Supply / Demand S "i o™e zoo IB %r 3 5 ,00 so 0 I \ I™111 Jan Fib Mar 1 •i: c -' -4 i . ; -' D Demand 1 • Supply 1 P* .•• m\ \ \ Apr May Jun Ju Aug Sep Ocl Nov Dec Month Monthly Reservoir/ Unused RW Supply I UIB I I Jan Feb Mar Apr May Jun Jul Aug Sep Od Nov Dec F:\Prqecls\Ptwell20rCBrtsb2Cl Ph l!.001\fieservc»r\R«vMoSDS . lC-Curiem S/31/00 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 2A: With Full Seasonal Storage SUPPLY: RW=4.82 mgd; Other=0 mgd HEMAND: Phase II 0 5,400 ac-ft/yr ^ FORAGE: 0 ac-ft existing seasonal storage, 1,644 ac-ft required seasonal storage Month Jan Feb Mar Apr • May Jun Jul Aug Sep Oct Nov Dec. TOTAL Evapo- Seasonal transplr., Precip., Variation in in Ratio n/a n/a 0.1 1 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1.37 n/a n/a 1 .83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a 1.51 n/a n/a 1 .09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft ' ac-ft ac-ft 49 0 ' 49 73 0 73 168 0 168 370 0 370 615 0 615 624 0 824 945 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5,400 0 5,400 RW Other Total Supply, Supply, Supply, ac-ft ' ac-ft ' ac-ft 450 0 450 450 0 450 450 0 450 450 0 450 450 0 450 450 0 450 450 0 450 . 450 0 450 450 0 450 450 0 450 450 0 . 450 450. 0 450 5,400 0 5,400 Reser. . Reser. Unused Flow, Storage, RWSupp., ac-ft ' ac-ft » ac-ft 401 905 297 377 1 ,282 297 282 1,564 297 80 1,644 297 (165) 1,479 297 (374) 1,104 297 (495) 609 297 (341) 268 297 (228) 40 297 (40) 0 297 262 262 297 241 503 297 (0) 3,565 INPUT a) n/a = eftectiveAolal precipitation ratio (no units) b) n/a = irrigation efficiency (no units) c) 5,400 = annual project irrigation demand (ac-lt/yr) d) 8.00 = maximum recycled water supply available (mgd; e) 0.00 = maximum other water supply available (mgd; t) 8.00 « maximum reservoir inflow allowed (mgd) 8.00 = maximum reservoir outflow allowed (mgd) g) 2,000 = maximum reservoir working storage available (ac-tl) 1) 2.10 = peak month factor (no units) 2) n/a « irrigation application rate (tt/yr) 3) 5,400 » annual total demand (ac-tt/yr) 4) 1.00 = total supply/demand talk) (no units; 5) Jul = maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 4.82 =« maximum RW supply used (mgd) 8) 0.00 = maximum other supply used (mgd) 9) 4.30 * maximum reservoir inflow used (mgd) 10) 5.30 = maximum reservoir outflow used (mgd) 11) 1,644 m maximum reservoir working storage used (ac-tl) Monthly Supply / Demand JBP Fib Mar Ap' May Jun Jul Aug Sep Oc! Nov Dec Monthly Reservoir / Unused RW Supply 1.800 Jan Feo Mar Apr May Jun Jul Aug Sep Del New Dec F:\Piojecls\Powdl.20TiCarlsbad Ph H.001\Resefvoir\R«vMoSOS • 2A-Phase II Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 28: With No Seasonal Storage SUPPLY: RW=8.00mgd;Other=2.12mgd HEM AND: Phase II © 5,400 ac-ft/yr FORAGE: 0 ac-fl existing seasonal storage, 0 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transpir., Preclp., Variation In in Ratio n/a n/a 0:1 1 n/a ri/a 0.16 n/a n/a 0.37 n/a n/a 0.82 .n/a n/a 1.37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a V51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft c ac-ft ac-ft ,49 0 49 73 0 73 168 0 168 370 0 370 615 0 615 824 0 824 945 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5,400 0 5,400 RW Other Total Supply, Supply, Supply, ac-tt " ac-ft " ac-ft 49 0 49 73 0 73 168 0 168 370 0 370 615 0 615 747 77 824 747 198 945 747 44 791 678 0 678 490 0 490 188 0 188 209 0 209 5,081 319 5.400 Reser. Reser. Unused Flow, Storage, RWSupp., ac-ft1 ac-ft " ac-ft 0 0 699 0 0 6741' 0 0 579 0 0 377* 0 0 132 (0) (0) 0 (0) (0) 0 0 (0) 0 0 (0) 69 0 0 257 0 0 559 0 0 538 (0) 3,885 INPUT a) n/a * elective/total precipitation ratio (no units) b) n/a = irrigation efficiency (no units) c) 5,400 = annual project irrigation demand (ac-fl/yr) . d) 8.00 * maximum recycled water supply available (mod; e) 2.00 - maximum other water supply available (mgd; f) 0.00 « maximum reservoir inflowallowed (mgd) 0.00 « maximum reservoir outflow allowed (mgd) g) o = maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10- peak month factor (no units) 2) n/a « irrigation application rate (ft/yr) 3) 5,400 = annual total demand (ac-tfyr) 4) 1.00 «total supply/demand ratio (no units', 5) Jul K maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 8.00 * maximum RW supply used (mgd) 8) 2.12 « maximum other supply used (mgd) 9) 0.00 = maximum reservoir inflow used (mgd) 10) 0.00 = maximum reservoir outflow used (mgd) 11) 0 = maximum reservoir working storage used (ac-H) 1.000 • t 800 VQt 0 i" 400"o> ax 200 100 0 Monthly Supply / Demand R|- ra.Il.H,I £ ;.f\'ij. ! i '- a Demand • Supply '; .i ' : •:* ' 1 - Jan F«D Mar Apr May Jun Jul Aug Sep Oct Nov Month Dec Monthly Reservoir / Unused RW Supply Jan FeD Mar Apr May Jun Jul Auo Sep Ocl Nw Dec F:*Proiects\Pow«ll.207Ca 5/31)00 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 2C: With Mahr Reservoir Seasonal Storage SUPPLY: RW=8.00 mgd; Other=0.66 mgd HEMAND: Phase II 9 5,400 ac-ft/yr ^ PORAGE: 0 ac-tt existing seasonal storage, 151 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct yNovDec DTAL Evapo- Seasonal transpir., Precip., Variation In in Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a 1 .83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a 1.51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft c ac-tt ac-tt 49 0 49 73 0 73 168 0 168 370 0 370 615 0 615 824 0 824 945 0 945 791 0 791 678 0 . 678 •490 . 0 490 1B8 0 188 209 0 209 5,400 0 5,400 RW Other Total Supply, Supply, Supply, ac-ft ° ac-ft * ac-ft • 124 0 124 149 0 149 168 0 168 370 0 370 615 0 615 747 62 809 747 62 809 747 44 791 678 0 678 490 0 490 188 0 . 188 209 0 209 5,232 168 5,400 Reser. Reser. Unused Flow, Storage, RW Supp., ac-tt ' ac-tt • ac-tt 76 76 623 76 151 598 0 151 579 0 151 377 0 151 132 (15) 136 0 (136) (0) 0 •0 0 0 0 0 69 0 0 257 0 0 559 0 0 538 (0) 3,734 INPUT a) n/a * etlectiveAotal precipitation ratio (no units) b) n/a » irrigation efficiency (no units) c) 5,400 = annual project irrigation demand (ac-lt/yr) d) 8.00 = maximum recycled water supply available (mgd e) 2.00 = maximum other water supply available (mgd; I) 8.00 = maximum reservoir inflow allowed (mgd) 8.00 = maximum reservoir outflow allowed (mgd) g) 151 = maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10 i peak month factor (no units) 2) n/a = irrigation application rate (fl/yr) 3) 5,400 - annual total demand (ac-ttfyr) 4) 1.00 = total supply/demand ratio (no units) 5) . Jul *= maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 8.00 = maximum RW supply used (mgd) 8) 0.66 = maximum other supply used (mgd) 9) 0.81 = maximum reservoir inltow used (mgd) 10) 1.46 = maximum reservoir outflow used (mgd) 11) 151 = maximum reservoir working storage used (ac-ft) Monthly Supply / Demand 900 8 i 600 5 "o 200 100 0 i nri ri rl 1^ r £ ? j '$ * 5 :- * : r DDwnand • Suoolv p * i*'• Hh > 1 I Jan Feb Mar Apr May Jun Ju Aug Sep Ocl Nov Month \_ Dec Monthly Reservoir / Unused RW Supply Jar Fee Mai Apr May Jun Jul Aug Sep Ocl Nov OK F.\ProjeclsvPow«ll.207\Cartsbad Ph U.001Weservc<r\RevMoSDS . 2C-Phase II 5/31 (00 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 3A: With Full Seasonal Storage SUPPLY: RW=B.74 mgd; Other=0 mgd OEMAND: Ultimate © 9.8OO ac-ft/yr ^ FORAGE: 0 ac-tt existing seasonal storage, 2,983 ac-tt required seasonal storage c Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct tNovDec TOTAL Evapo- Seasonal transpir., Precip.. Variation in in Ratio n/a n/a an n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a 1 -83 n/a n/a 2.10 n/a n/a 1 -76 n/a n/a 1.51 n/a n/a 1-09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-tt c ac-tt ac-tt 88 0 88 133 0 133 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1.496 1,716 0 1,716 1,436 0 1,436 1,230 0 1,230 889 0 889 341 0 341 379 0 379 9,800 0 9,800 RW Other Total Supply, Supply, Supply, ac-tt " ac-tt' ac-tt 817 0 817 817 0 817 817 0 817 817 0 817 817 0 817 817 0 817 817 0 817 817 0 . 817 817 0 817 817 0 817 817 0 817 817 0 817 9.800 0 9.800 Reser. Reser. Unused Flow, Storage, RWSupp., ac-tt ' ac-tt • »c-ft 729 1,642 1,051 684 2,326 1,051 512 2,838 1,051 145 2,983 1.051 (299) 2,683 1,051 (679) 2,004 1,051 (899) 1,105 1,051 (619) 486 1.051 (414) 73 1,051 (73) 0 1,051 476 476 1,051 438 914 1,051 0 12,613 INPUT a) n/a c effective/total precipitation ratio (no units) b) n/a = irrigation efficiency (no units) c) 9,800 « annual project irrigation demand (ac-tt/yr) d) 20.00 « maximum recycled water supply available (mgd; e) 0.00 = maximum other water supply available (mgd; . f) 12.00 = maximum reservoir inflow allowed (mgd) 12.00 = maximum reservoir outflow allowed (mgd) g) 3,000 = maximum reservoir working storage available (ac-tt) OUTPUT 1) 2.10= peak month factor (no units) 2) n/a «= irrigation application rate (tt/yr) 3) 9,800 = annual total demand (ac-ft/yr) 4) 1.00 = total supply/demand ratio (no units; 5) Jul = maximum Irrigation demand month 6) Jan •= minimum irrigation demand month . 7) 8.74 c maximum RW supply used (mgd) 8) 0.00 B maximum other supply used (mgd) 9) 7.80 = maximum reservoir inflow used (mgd) 10) 9.63 n maximum reservoir outflow used (mgd) 11) 2,983 = maximum reservoir working storage used (ac-tt) Monthly Supply / Demand 1,800 • VVi 1.200 u cT I 800 > BOO 400 200 0 ! 1 1 1Jb 1 1 111 Jan Fcb Mar ||• D Demand • Supdv • \ -. - • 7, I 1 ' if II Apr May Jun Jul Aug Sep Ocl Nov Month 1 Dec Monthly Reservoir / Unused RW Supply Jan Feb Mar Apr May Jun Jul Aun Sep Ocl Nov D«c F:\Projecls\Powell.207>Cai1sbari Pn ll.001\Aesftrvoir\RevMoSOS - 3A-UIUma1e Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 3B: With No Seasonal Storage SUPPLY: RW=18.37mgd;Other=Omgd DEMAND: Ultimate © 9.80O ac-ft/yr ^ 'ORAGE: 0 ac-tt existing seasonal storage, 0 ac-tt required seasonal storage E Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transpir., Preclp., Variation In in Ratio n/a n/a 0.1 1 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1-37 n/a n/a 1 .83 n/a n/a 2.10 n/a n/a 1 .76 n/a n/a 1.51 n/a n/a 1 .09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ftc ac-ft ac-ft 88 0 88 133 0 133 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1,496 1,716 0 1,716 1,436 0 1,436 1 ,230 0 1 ,230 889 0 889 341 0 341 379 0 379 9,800 0 9,800 . RW Other Total Supply, Supply, Supply, ac-tt " ac-tt* ac-ft • 88 0 88 133 0 133 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1,496 1,716 0 1,716 1,436 0 1,436 1 ,230 0 1 ,230 889 0 889 341 0 341 379 0 379 9,800 .. 0 9,600 Reser. Reser. Unused Flow, Storage, RW Supp., ac-tt1 ac-tt " ac-tt 0 0 1,780 0 0 1,736 0 0 1,563 0 0 1,196 0 0 752 0 0 372 0 0 152 0 0 432 0 0 638 0 0 979 0 0 1,527 0 0 1,489 0 12,613 JNPUT a) n/a = eflective/lotal precipitation ratio (no units) b) n/a « irrigation efficiency (no units) c) 9,800 = annual project irrigation demand (ac-tt/yr) d) 20.00 * maximum recycled water supply available (mgd'. e) 0.00 = maximum other water supply available (mgd; t) 0.00 = maximum reservoir inflow allowed (mgd) 0.00 = maximum reservoir outflow allowed {mgd) g) OB maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10 = peak month factor (no units) Z) n/a «= irrigation application rat* (ft/yr) 3) 9.800 = annual total demand (ac-ft/yr) 4) 1.00 * total supply/demand ratio (no units', 5) Jul z maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 18.37 « maximum RW supply used (mgd) B) 0.00 = maximum other supply used (mgd) 3} 0.00 * maximum reservoir inflow used (mgd) 10) 0.00 = maximum reservoir outflow used (mgd) 11) 0 - maximum reservoir working storage used (ac-ri) Monthly Supply / Demand a 1000 i „, "o > • 600 400 200 0 " rp jjajl III Jan Feb Mar P7*- * •i "- ^ : * O Demand j I "Supply - 1 J . i $-f- Apr May Jun Jul Aug Sep Oct Nov Month Dec Monthly Reservoir / Unused RW Supply 2,000 Jan Feb Mai Apr May Jun Jul Aufl Sep Ocl Nov Dec F:\Proiecis\Powell.207\Carlsbad Ph II OOiNResetvoirflevMoSDS - 3B-Uliimaie Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 3C: With Mahr Reservoir Seasonal Storage SUPPLY: RW=16.76 mgd; Crther=0 mgd DEMAND: Ultimate © 9.800 ac-tt/yr fORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transpir., Precip., Variation in in Ratio rVa n/a 0.1 1 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a 1.83 n/a n/a 2.1 0 n/a n/a 1-76 n/a n/a 1.51 n/a n/a 1 .09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft ' ac-ft ac-ft 88 0 88 133 0 133 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1,496 1,716 0 1,716 1,436 0 1,436 1,230 0 1.230 889 0 869 341 0 341 379 0 379 9,800 0 9,800 RW Other Total Supply, Supply, Supply, ac-ft ' ac-ft ' ac-ft 164 0 164 208 0 208 304 0 304 672 0 672 1,116 0 1,116 1,496 0 1,496 1,565 0 1,565 1,436 0 1,436 1,230 0 1,230 889 0 689 341 0 341 379 0 379 9,800 0 9,800 Reser. Reser. Unused Flow, Storage, RWSupp., ac-tt ' ac-ft " ac-ft 76 76 1,704 76 151 1,659 0 151 1,563 0 151 1,196 0 151 752 0 151 372 (151) 0 303 0 0 432 0 0 638 0 0 -979 0 0 1,527 0 0 1,489 0 12,613 INPUT a) n/a = effective/total precipitation ratio (no units) b) n/a = irrigation efficiency (no units) c) 9,800 m annual project irrigation demand (ac-tt/yr] d) 20.00 = maximum recycled water supply available (mgd. e) O.DO ^ maximum other water supply available (mgd; 1) 3.00 - maximum reservoir inflow allowed (mgd) 3.00 = maximum reservoir outflow allowed (mgd)g) 151 = maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10 = peak month factor (no units) 2) n/a = irrigation application rale (tt/yr) 3) 9,800 x annual total demand (ac-tt/yr) 4) 1.00 «total supply/demand ratio (no units) 5) Jul = maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) 16.76 = maximum RW supply used (mgd) 8) 0.00 « maximum other supply used (mgd) 9) 0.81 = maximum reservoir inflow used (mgd) 10) 1.61 « maximum reservoir outflow used (mgd) 11) 151 = maximum reservoir working storage used (ac-lt) Monthly Supply / Demand - 1.400 • W i 1.200 • u ^ 400 200 0 '. £ } nrfl ri ii Jan Feb Mar t ; * V i - -! 3 Demand | • Supply 1 ; • > -m 1 1 f~fS~ Apr May Jun Jul Aug Sep Ocl Nov Month f J 1 Dec Monthly Reservoir/ Unused RW Supply 1.600 o Jan Fee Mar Apr May Jun Jul Aug Sep Od Nov Dec FAProi<-cls\PoweM.207\Cart!dad Pti II.001 \ReservoinRevMoSOS - X-Utiimau 0 Appendix C EMERGENCY STORAGE MODEL RUNS CGvL ENGINEERS IN ASSOCIATION WITH JOHN POWELL & ASSOCIATES C-1 Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 2D: With Mahr Reservoir Seasonal and Emergency Storage SUPPLY: RW=8.00 mgd with loss of 149 ac-ft in February; Other=0.66 mgd HEMAND: Current © 5,400 ac-ft/yr k FORAGE: 0 ac-ft existing seasonal storage, 151 ac-fl required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov tDec TOTAL Evapo- Seasonal transpir., Preclp., Variation in in Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1.37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1 .76 n/a n/a 1.51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-tt c ac-ft ac-ft 49 0 49 73 0 73 168 0 168 370 0 370 615 0 615 824 0 824 945 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5.400 0 5,400 RW Other Total Supply. Supply, Supply, ac-H ° ac-tt ' ac-tt 124 0 124 000 317 0 317 370 0 370 615 0 615 747 62 809 747 62 BOS 747 44 791 678 0 678 490 0 490 188 0 188 209 0 209 5,232 168 5,400 Reser. Reser. Unused Flow, Storage, RW Supp., ac-tt ' ac-tt B ac-tt 76 76 623 (73) 2 747 149 151 430 0 151 377 0 151 132 (15) 136 0 (136) (0) 0 0 (0) 0 0 (0) 69 0 O 257 0 0 559 0 0 538 0 3,733 INPUT a) n/a = effective/total precipitation ratio (no units) b) n/a « irrigation efficiency (no units) c) 5.400 = annual project irrigation demand (ac-ft/yr) d) 8.00 = maximum recycled water supply available (mgd'. e) 2.00 = maximum other water supply available (mgd; f) 8.00 = maximum reservoir inflow allowed (mgd) 8.00 = maximum reservoir outflow allowed (mgd) gj 151 = maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10 = peak month factor (no units) 2) n/a = irrigation application rale (tt/yr) 3) 5,400 = annual total demand (ac-tt/yr) *) 1.00 = total supply/demand ratio (no units; 5) Jul = maximum Irrigation demand month 6) Jan m minimum irrigation demand month 7) 8.00 = maximum RW supply used (mgd) 8) 0.66 = maximum other supply used (mgd) 9) 1.60 = maximum reservoir inflow used (mgd) 10) 1.46 « maximum reservoir outflow used (mgd) 11) 151= maximum reservoir working storage used (ac-ft) Monthly Supply / Demand £ 600 o 1 400 • > 3CO 200 100 0 in_ f I • Fl rJ.B II.1 'i ' l f -?- i— i3 Demand j • Supply 1 ;, i I ,1 Jan FeB Mar Apt May Jun Jul Aua Sep Oct Nov Month -> Dec Monthly Reservoir/ Unused RW Supply Jan Fen Mar Apr May Jun Jul Aug Scp Oct NOT Dec FAP!Ojec«\Pe>v«ell.207\Carlsba<l Pti II.OOINReservoinRsvMoSDS- ZD-FebEmerg Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWO Recycled Water System Expansion SCENARIO 2D: With Mahr Reservoir Seasonal and Emergency Storage SUPPLY: RW=8.00 mgd with loss of 151 ac-ft in March; Other=0.66 mgd DEMAND: Current @ 5,400 ac-ft/yr ^ "ORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jut Aug Sep Oct Nov I Dec [TOTAL Evapo- Seasonal transpir., Precip., Variation In in Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1 .37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1 .76 n/a n/a 1.51 n/a n/a 1 .09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-n c ac-ft ac-tt 49 0 49 '73 0 73 168 0 168 370 0 370 615 0 615 824 0 824 945 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5,400 0 5,400 RW Other Total Supply, Supply, Supply, ac-tt ° ac-tt* ac-tt 124 0 124 149 0 149 17 0 17 521 0 521 615 0 615 747 62 809 747 62 809 747 44 791 678 0 678 490 0 490 188 0 188 209 0 209 5,232 168 5,400 Reser. Reser. Unused Flow, Storage, RWSupp., ac-ft ' ac-tt • »c-tt 76 76 623 76 151 598 (151) 0 730 151 151 226 0 151 132 (15) 136 0 (136) (0) 0 0 (0) 0 0 (0) 69 0 0 , 257 0 0 559 0 0 538 (0) 3.734 a) b) c)d) e) I) g) INPUT n/a tn/a > 5,400 = 8.00 •• 2.00 B.OO • effectrveAotal precipitation ratio (no units) « irrigalion efficiency (no units) = annual project irrigation demand (ac-lt/yr) « maximum recycled water supply available (mgd; » maximum other water supply available (mgd; = maximum reservoir inflow allowed (mgd).8.00 » maximum reservoir outflow allowed (mgd) 151 = maximum reservoir working storage available (ac-ft) OUTPUT 1) 2.10 x peak month (actor (ho units) 2) n/a c irrigation application rate (rt/yr) 3) 5,400 = annual total demand (ac-tt/yr) 4) 1.00 = total supply/demand ratio (no units; 5) Jul = maximum Irrigation demand month 6) Jan = minimum irrigation demand month 7) B.OO « maximum RW supply used (mgd) 8) 0.66 « maximum other supply used (mgd) 9) 1.61 = maximum reservoir inllow used <mgd) 10) 1.61= maximum reservoir outflow used (rngd) 11) 151= maximum reservoir working storage used (ac-ft)' Monthly Supply / Demand VV i 600 • £» 600 • 1 ._ "o > 300 ZOO 100 0 ? lit:-. • >_ - - ID Demand ! -, *• | • Supply ; ! i -; ij 1:i_-;|] •_JD!J Jan Fib Mar Apt May Jun Jul Au(j Sep Oct Nov Dec Month Monthly Reservoir / Unused RW Supply BOO Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov OK FAProj«ca\Powell.207\C«rlsbad P" II OO1\R«servoir\FlevMoSDS - 2D-MarEmerc c Analysis of Monthly Supply/Demand/Storage Requirements PROJECT: CMWD Recycled Water System Expansion SCENARIO 2D: With Mahr Reservoir Seasonal and Emergency Storage SUPPLY: RW=8.00 mgd with loss of 131 ac-ft in April; Other=0.66 mgd DEMAND: Current © 5,400 ac-tt/yr . fORAGE: 0 ac-ft existing seasonal storage, 151 ac-ft required seasonal storage Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Evapo- Seasonal transpir., Precip., Variation in in Ratio n/a n/a 0.11 n/a n/a 0.16 n/a n/a 0.37 n/a n/a 0.82 n/a n/a 1.37 n/a n/a 1.83 n/a n/a 2.10 n/a n/a 1.76 n/a n/a 1 .51 n/a n/a 1.09 n/a n/a 0.42 n/a n/a 0.46 n/a n/a 12.00 Project Other Total Demand, Demand, Demand, ac-ft c ac-ft ac-tt 49 0 49 '73 0 73 168 0 168 370 0 370 615 0 615 824 0 824 945 0 945 791 0 791 678 0 678 490 0 490 188 0 188 209 0 209 5,400 0 5,400 RW Other Total Supply,. Supply, Supply, ac-ft ° ac-tt' ac-tt 124 0 124 149 0 149 168 0 168 239 0 239 747 0 747 747 62 809 747 62 809 747 44 791 678 0 678 490 0 490 188 0 188 209 0 209 5,232 168 5,400 Reser. Reser. Unused Flow, Storage, RW Supp., ac-tt' ac-tt9 ac-tt 76 76 623 76 151 598 0 151 579 (131) 20 508 132 151 0 (15) 136 0 (136) (0) 0 0 (0) 0 0 (0) 69 0 0 257 0 0 559 0 0 538 0 3.733 JNPUT a) n/a = effectiveAotal precipitation ratio (no units) b) n/a « irrigation efficiency (no units) c) 5,400 * annual project irrigation demand (ac-lt/yr) d) 8.00 = maximum recycled water supply available (mgd. e) 2.00 «= maximum other water supply available (mgd; I) 8.00 « maximum reservoir inflow allowed (mgd) B.OO = maximum reservoir outflow allowed (mgd] g) 151 c maximum reservoir working storage available (ac-ft J OUTPUT 1) 2.10= peak month (actor (no units) 2) n/a « irrigation application rate (fl/yr) 3) 5,400 = annual total demand (ac-lt/yr) 4) 1.00 = total supply/demand ratio (no units) 5) Jul = maximum irrigation demand month 6) Jan = minimum irrigation demand month 7) B.OO - maximum RW supply used (mgd) 8) 0.66 = maximum other supply used (mgd] 9) 1.41 = maximum reservoir inflow used (mgd) 10) 1.46 = maximum reservoir outflow used (mgd) 11) 151= maximum reservoir working storage used (ac-ft) Monthly Supply / Demand S L> | 400 O > 300 200 MX 0 n H I (1 JJ.IJ. t - 5 -: « I D Demand | i • Supply j | - 1 1 * * i 1 l • 1 j ! 1 "IP J J~i > Jan Feb Mar Apr May Jun Jul Aufl Sep Oct Nov D«c Month Monthly Reservoir / Unused RW Supply Jan feb Mar Apr May Jun Jul Aug Sep Ocl Nov Dec F:\Proj«cts\Powell.2O7\Cart!bad Ph H.001\Heservoir\RevMoSDS • 2D-AprEmerg LAAutoCadNMtse 6rawinQS\DCNNlS\corlsbad nahr rcs.dwg I EXHIBIT C Method of Calculating Recycled Water Rate Pre-Expansion Annual Cost (I) MRF Plant Costs Labor Materials Power Other operating costs Lift Station No. 1 Mahr Reservoir Capital Recovery Overhead - Wastewater Department Overhead - District Wide Total Annual Costs to Recover Quarterly Payments Total Quarterly Payment due to VALLECITOS FY 2002/03 Budget $ 210,000 740,000 225,000 43,000 60,000 17,000 $ 445,000 3,658,000 Allocated to MRF Tertiary Facilities Percent Amount • 25.0% 9.6% . 25.0% 50.0% 100.0% 100.0% 9.0% 1.9% + $ 52,500 71,040 56,250 21,500 60,000 17,000 110,926 40,050 69,502 428JL3J 4 S 124. 5"^ Post-Expansion Annual Cost (I) MRF Plant Costs (2) Labor Materials Power Other operating costs Lift Station No. 1 Mahr 'Reservoir Overhead - Wastewater Department Overhead - District Wide Capital Recovery (3) Existing filtration plant Existing disinfection facility Existing effluent pumping station Existing microscreen Existing Mahr Reservoir (4) Expansion design costs Expansion of filtration plant Expansion of disinfection facility Total Annual Costs to Recover Number of months per year Total Monthly Payment due to VALLECITOS Original or Actual Costs $ 613,821 158,041 155,602 219,841 125,000 204,923 977,000 336,000 Anticipated Post-Expansion Annual Costs $ 329,000 237,000 539,000 90,000 126,000 15,000 500,851 4,117,111 53,516 13,779 13,566 19,167 6,975 17,866 85,179 29,294 Allocated to MRF Tertiary Facilities Percent 25.0% 9.6% 25.0% 50.0% 100.0% 100.0% 9.0% 1.9% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% -5- Amount $ 82,250 22,752 134,750 45,000 126,000 15,000 45,077 78,225 53,516 13,779 13,566 19,167 10,898 17,866 85,179 29,294 792.319 12 S 66.027 >tes: Annual costs shall be set each year based on budgeted amounts and retrospectively adjusted to audited amounts after year-end as described in Section 13 of the agreement. MRF Plant Costs - Operating costs for labor, materials, power, "other operating costs", Lift Station No. 1, Mahr Reservoir and overhead will be reviewed at year-end and adjusted to reflect actual costs. For Capital Recovery the costs will be specifically identified as to primary, secondary, and tertiary treatment, (i.e., 0% will be allocated to MRF Tertiary for costs specifically identified to primary and secondary treatment while 100% of tertiary treatment costs will be allocated to MRF Tertiary. "Other operating costs" include miscellaneous items such as telemetry, telephone lines, minor repairs, etc. Vallecitos' actual costs, of expansion design; filtration plant and disinfection facilities shall be used, when calculating capital recovery. Vallecitos' cost of subsequent replacement of MRF tertiary facilities will replace original costs used for calculating capital recovery. Existing facilities no longer needed for tertiary processes will be eliminated from the capital recovery calculation. Capital recovery shall be calculated based on an engineering economic formula using a uniform series capital recovery factor with a compound interest of six (6) percent, and a twenty-year life. Mahr Reservoir value is based upon the existing inlet/outlet piping through the reservoir, leakage recovery piping, and fencing, access road and overflow facilities only. The existing dam drainage pump back system and inlet/outlet facilities will be replaced with new facilities identified in Exhibit "B". AGREEMENT BETWEEN THE CITY OF CARLSBAD, CARLSBAD MUNICIPAL WATER DISTRICT, AND THE VALLECITOS WATER DISTRICT FOR THE CONSTRUCTION AND RECONSTRUCTION OF RECYCLED WATER LINES AND RELATED STRUCTURES, RANCHO SANTA FE ROAD NORTH, PHASE 1, PROJECT NOS. 3190 AND 3887 THIS AGREEMENT, made and entered into as of the /P #2 day of kL , 2004, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CARLSBAD", CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as "CMWD", and VALLECITOS WATER DISTRICT, a County Water District, hereinafter referred to as "DISTRICT", (collectively the "Parties"). RECITALS WHEREAS, CARLSBAD desires to realign and widen Rancho Santa Fe Road ("ROAD") in the Canyon Alignment as directed by the City Council at their meeting of October 20, 1987; and WHEREAS, the ROAD is integral to the traffic circulation element plans for CARLSBAD and the North County Region in general; and WHEREAS, the realigned and widened ROAD will conflict with an existing DISTRICT 12" recycled water pipeline; and WHEREAS, DISTRICT desires to realign the existing 12" recycled water pipeline within the alignment of the ROAD: and WHEREAS, CMWD desires to increase the size of the DISTRICT'S existing 12" recycled water pipeline to 24" and construct a 30" recycled water pipeline for the purpose of CMWD's Phase II Recycled Water Program; and WHEREAS, CARLSBAD, CMWD and DISTRICT desire to establish mutually agreed upon responsibilities for the funding, design, and construction for relocation of the DISTRICT facilities impacted by the realignment and widening of the ROAD. NOW, THEREFORE, in consideration of the above recitals, CARLSBAD, CMWD and DISTRICT do hereby mutually agree as follows: 1. RANCHO SANTA FE ROAD REALIGNMENT: A. PROJECT DESCRIPTION Rancho Santa Fe Road North, Phase 1 (“PROJECT) involves the relocation and widening of the existing Road from southerly of La Costa Avenue northward for approximately I % miles, as shown on Exhibit “A, attached hereto and made a part hereof. The PROJECT involves grading of the roadbed to full prime arterial road width of 126 feet with construction of improvements including six traveled lanes, two 8-foot shoulders, with outside curb and gutters and sidewalks, plus improved median. The ROAD crosses the existing recycled water pipeline in two locations. The profile of the ROAD is such that additional fill would be required on the existing recycled water pipeline. The existing recycled water pipeline is not designed to handle the existing loading that would result from the additional fill. Both crossings are in areas where the DISTRICT has senior rights. CMWD will upsize the DISTRICT’S 12” recycled water pipeline to 24” for the purposes of utilizing Mahr Reservoir to provide seasonal storage for the Phase II Recycled Water Program. The maintenance, operation and capacity rights of the upsizing of this pipeline is discussed in a separate agreement between CMWD and DISTRICT. B. CARLSBAD AGREES: 1. To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for PROJECT. As lead agency CARLSBAD will handle permit acquisition, advertising, award, contract administration, Resident Engineer, material source inspection, independent assurance and specialty testing, and such other construction engineering as may be required, for satisfactory completion of PROJECT. 2. To construct PROJECT by contract in accordance, with plans and specifications prepared by CARLSBAD with assistance from CMWD and DISTRICT and approved by CMWD and DISTRICT, said plans being referred to as Improvement Plans for Rancho Santa Fe Road North, Phase 1, City of Carlsbad Drawing No. 368-2. 3. To advertise for construction bids after CARLSBAD has received written approval from CMWD and DISTRICT of plans, specifications and estimates. 4. To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by CMWD and DISTRICT pursuant to this Agreement. 5. To receive from CMWD and DISTRICT designated PROJECT representative prior approval of all change orders, affecting CMWD and DISTRICT facilities, before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 6. Upon completion of PROJECT and all work incidental thereto, to furnish CMWD and DISTRICT with a detailed statement of the total actual costs of construction and services for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. 2 Jan. 2,2004 7. To designate a project Resident Engineer who shall represent CARLSBAD as the single point of contact for PROJECT administration. 8. To consult with CMWD and DISTRICT in resolution of any contract claims associated with PROJECT work. 9. To acquire and pay for all necessary rights-of-way for the road and waterline easements, to the satisfaction of DISTRICT, for those lines, including access roads required to be relocated in which the DISTRICT has senior rights. IO. To fund the costs of those recycled waterline facilities required to be relocated as a result of the Road realignment where the DISTRICT has senior rights as listed in Section I.A. above and as shown under CARLSBAD on Exhibit “B”, attached hereto and made a part hereof. The faclilites relocation costs shall be based on the unit costs for the items as shown on the successful bidder’s Bid Schedule. Said costs shall include providing personnel resources, design costs and any furnished materials, supplemental work, approved change orders and contract claims paid to the construction contractor, and the defense of all PROJECT related claims which may be filed by the contractor or portion of services attributed to such work applied in accordance with standard accounting procedures. The actual cost of services for PROJECT shall be determined after completion of all work and upon final accounting of costs. 11. To provide District with as-built drawings with any changes within 60 days of completion of the Project. C. CMWD AGREES: 1. 2. To fund the cost of upsizing DISTRICT’S 12” recycled water pipeline to a 24” recycled water pipeline as shown under the CMWD column on Exhibit “B”. To enter into a seperate agreement with DISTRICT to address maintenance, operations and capacity rights for the recycled water pipeline. C. D I STRl CT AGREES: 1. To designate a single project representative authorized to act on behalf of DISTRICT in relation to contract change orders and overall PROJECT coordination. All final decisions that pertain to or affect any DISTRICT easements or facilities will be made soley by the DISTRICT except when necessary for the safety of motorists and/or pedestrians or for the protection of property. Where a decisions affects both DISTRICT easements or facilities and is necessary for the safety of motorists and/or pedestrians or to protect property, CARLSBAD and the DISTRICT shall agree on the final decision. All final decisions on the PROJECT that do not pertain to or affect any DISTRICT facilities, easements, or contributions will be made soley by CARLSBAD. Decisions that affect DISTRICT contributions will be made jointly by CARLSBAD and DISTRICT. DISTRICT shall respond in a timely manner in all cases requiring a decisions by DISTRICT. District shall be responsible for justified costs incurred by the contractor resulting from delays due to non responsiveness on the part of District. 3 Jan. 2,2004 2. 3. 4. 5. 6. 7. 8. 9. To relinquish to CARLSBAD DISTRICT’S rights in the maintenance and operation of the construction zone within the boundaries of DISTRICT for the duration of construction and authorizes CARLSBAD to act as DISTRICT’S authorized agent to direct contractor for traffic control, signal timing, and other measures deemed necessary for construction and administration of the PROJECT. To bear the actual cost for those portions of the recycled waterline and other facilities relocation’s that are to be placed within the relocated ROAD. These facilities are shown under DISTRICT on Exhibit “B”. Said costs of services shall include design, project management, and the cost of any furnished materials, supplemental work, change orders and contract claims paid to the construction contractor, and the defense of all project related claims which may be filed by the contractor or portion of services attributed to such work applied in accordance with standard accounting procedures. The actual cost of services for PROJECT shall be determined after completion of all work and upon final accounting of costs. To be responsible for the operation and maintenance of recycled water facilities belonging to DISTRICT during the construction period of the PROJECT. To pay CARLSBAD upon completion of all work and within twenty-five working days of receipt of a detailed statement made upon final accounting of costs, any amount over and above the aforementioned deposits and payments required to complete DISTRICT’S financial obligation pursuant to this Agreement. To provide all rights-of-way required for construction and necessary mitigation within DISTRICT jurisdiction. To provide comments or approve PROJECT plans and specifications change orders affecting District work within ten working (IO) days of submittal by CARLSBAD. Within ten working (IO) days of completion of the PROJECT and notification by CARLSBAD, DISTRICT shall inspect all work performed on the PROJECT and determine whether the work was completed in accordance with DISTRICT approved plans and specifications. If by the end of this ten (IO) day period, DISTRICT has not notified CARLSBAD in writing through the City Engineer that the work materially varies from the approved plans, DISTRICT shall be deemed to have accepted the PROJECT in accordance with the approved plans and specifications. To cooperate in obtaining required permits. IO. To expeditiously review and approve any required permits for construction of PROJECT within jurisdiction. 4 Jan. 2,2004 II. OWNERSHIP AND MAINTENANCE A. ROAD IMPROVEMENTS Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances which are installed within CARLSBAD's right-of-way will automatically be vested in and maintained by CARLSBAD with the exception of materials, equipment, and appurtenances which are the responsibility of the DISTRICT. B. RECYCLED WATER LINE EASEMENTS Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances which are installed within DISTRICT'S easements will automatically be vested in and maintained by DISTRICT. Ill. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, CARLSBAD, CMWD and DISTRICT agree that each will assume the full liability imposed upon it or any of its officers, agents, or employees for injury caused by or arising out of a negligent or wrongful act or omission accruing in the performance of it's obligations under this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Government Code. The indemnity provisions are not limited in any way by the extent of any policy of insurance currently in force and held by either party. All construction contracts for any project which spans the jurisdictional boundary between CARLSBAD, CMWD and DISTRICT shall include indemnity provisions and insurance provisions, whereby the contractor indemnities both CARLSBAD, CMWD and DISTRICT and adds all agencies as additional insured on Insurance Policy. IV. NOTIFICATIONS Unless otherwise specifically provided in this Agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by United States mail, return receipt requested, postage prepared and addressed as follows: If to DISTRICT: William W. Rucker General Manager VALLECITOS WATER DISTRICT 201 Vallecitos de Oro San Marcos, CA 92069 If to CARLSBAD and/or CMWD: Lloyd Hubbs Public Works Director CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 5 Jan. 2,2004 V. MOD I F I CAT1 0 N S This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. VI. TERMINATION This Agreement shall terminate after all the street and water line improvements contemplated by this agreement have been constructed, after all payments required under this agreement have been made, and after all maintenance responsibilities for the respective street and water improvements have been assumed by the respective agencies in accordance with the terms of this agreement. VII. COUNTERPARTS This agreement may be executed by the CARLSBAD, CMWD and DISTRICT in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument VIII. CHOICE OF LAW This agreement shall be governed by, the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch or such other venue as provided by law. IX. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of this agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the CARLSBAD, CMWD and DISTRICT that the remainder of this agreement shall not be affected hereby. X. HEADINGS The headings of articles and paragraphs of this agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this agreement shall be drawn therefrom. XI. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 6 Jan. 2,2004 IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD pursuant to action taken by its City Council, by the Carlsbad Municipal Water District pursuant to action taken by its Board of Directors and by the Vallecitos Water District pursuant to action taken by its Board of Directors. VALLECITOS WATER DISTRICT, a County Water District / 3 oy <L-y f&A..-- DALE MASON, President DATE: ATTEST: ATTEST: \-Aim \-*m WILLIAM W. RUCKER, Board Secretary City Clerk VALLECITOS WATER DISTRICT APPROVED AS TO FORM: APPROVED AS TO FORM: RONALD R. BALL City Attorney A CARLWAD MU N I CI ~d ~ATER DISTRICT, ATTEST: . &*% - -. Secretary CARLSBAD MUNICIPAL WATER DISTRICT APPROVED AS TO FORM: Jan. 2,2004 EXHIBIT "'A" - : .... I- Y t- 0 v1 .... .. *j+e:e ieltft je je :e ;e je 3i0irjo) iojo io io io io 10 3ioiv)i* ioio, io io io io io i;o;r.j;b I-iv) j.- io io io io 9;wimiw iwjt iw io ih io io jg io iv) :.-j ...... : . . . . : io- io- io)- io. ....... ........... ............... ..... : ............ .. .. ........................... i { i ; ; ; ;- iv) ill) 101 jm- ]:- ;-- ir ....... .... .... .... .... .... ........... ..... .......... ........... ................................... ...,.....* )...... iv) iln iw ir .... .... .... .... .... .... .... gioio;o iwih im i- ir jv) , .. D;v)jmiv) ;m;g is! j .... rjii jj-: .. : ....... ... ....... .. ....,...._ ~ ..... ~ ........... ~ ... ^ .......... ........................... ~ ............. r-. ........ ... ... ... ... ... ... ... ... ... ... ... ... ... i &j =* NiNiriN .... ..... ..... ...... .... ........ ................ .... .... .?.......................I ............ ~ ........ ... ... " ....... ........... .... * .... * ..................................................... c .... ' ..... * .... 0.. ........ ........ .... l.. ............................................ < .....,..... .... t17INi-i- ih iV iNiNiN ........ ........ ........ ........ ...... ...... ...... ...... ...... ...... .... ................................................. .... ..... ee0 s s! c e c s x 0 w w- e 7 v z g- rz W W 8 2 W (3 z z 3 W I ./ i AGREEMENT NO. 23300 NEWLRP ENCINA BASIN WATER RECLAMATION PROJECT -PHASES I AND II LOCAL RESOURCES PROGRAM AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, . AND CARLSBAD MUNICIPAL WATER DISTRICT AGREEMENT NO. 23300 NEWLRP ENCINA BASIN WATER RECLAMATION PROJECT -PHASES I AND II LOCAL RESOURCES PROGRAM AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARLSBAD MUNICIPAL WATER DISTRICT TABLE OF CONTENTS Page Recitals .................................................. ;...................................................................... 3 Section 1. Definitions ..... .......... ...................................................... .... ......... ... ... ... ... .... .... ... 5 2. Warranties ........................ ..... ........ .................. ...... ............. .................. ... .... ...... 6 3. Ownership and Responsibilities .......................................................................... 7 4. Billing Process ................................................................................................ 7 5. Record Keeping and Audit ................................................................................. 8 6. Tenn and AInendments ..................................................................................... 9 7. Hold Hannless and Liability ................................................................................ 9 8. Notice ............................................................................................................ ;... 9 9. Successors and Assigns ..................... : .. :.............................................................. 10 10. Severability ........................................................................................................ 10 11. Integration ........... ........... ................ .............................. .................... ...... .......... 10 12. Governing LaVf ............................................. ,.................................................... 10 Exhibits Exhibit A -Project Description Exhibit B -LRP Contribution Schedule . Exhibit C -Perfonnance Provisions -2- MWD Agreement No. 23300 NEWLRP ENCINA BASIN WATER RECLAMATION PROJECT -PHASESI AND II LOCAL RESOURCES PROGRAM (LRP) AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARLSBAD MUNICIPAL WATER DISTRICT THIS AGREEMENT is made and entered into as of N\11..(ch '2~ , 2000 by and among The Metropolitan Water District of Southern California (Metropolitan), San Diego County Water Authority (Authority), and Carlsbad Municipal Water District (Carlsbad). Metropolitan, Authority, and Carlsbad may be collectively referred to as "Parties" and individually as "Party". RECITALS A. There is now in effect a Local Resources Program Conversion Agreement (Conversion Agreement) dated July 1, 1999 by and among the Parties for the development and utilization of recycled water, which provides for the Encina Basin Water Reclamation Project -Phase I (Phase I Project); B. Pursuant to the Conversion Agreement, the Phase I Project commenced operations in January 1993 and is capable of meeting an annual demand of2,050 acre-feet of Recycled Water for non-potable landscape, agricultural, commercial, and industrial purposes; C. Metropolitan's Board of Directors, at its June 9,1998 meeting, established terms and conditions for the LRP and authorized staff to issue a Request for Proposals (RFP) targeting 53,000 acre-feet per year (AFY) of needed local resource production by the year 2010 from cost-effective projects that would help contribute to the region'S overall water supply reliability; D. In response to the RFP, Carlsbad submitted a project proposal for the 2,950 AFY Encina Basin Water ReClamation Project -Phase II (Phase II Project) that was competitively evaluated by a review committee and subsequently identified as one of 14 projects recommended for inclusion in the LRP to achieve the targeted production; E. The Parties mutually agree to terminate the Conversion Agreement, referenced in . Paragraph A above, effective July 1, 2000; F. This Agreement combines both Phases I and II of the Encina Basin Water Reclamation Project; " -0- MWD Agreement No. 23300 O. Metropolitan was incorporated under the Metropolitan Water District Act (Act) for the purpose of developing, storing, and distributing water for domestic and municipal purposes; H. The Actempowers Metropolitan to acquire water and water rights within or without the state; develop, store and transport water; provide, sell and deliver water at wholesale for municipal and domestic uses and purposes; set the rates for water; and acquire, construct, operate and maintain any and all works, facilities, improvements-and property necessary or convenient to the exercise of the powers granted by the Act; 1. Authority, as a member public agency of Metropolitan under the Act, is a wholesale purchaser within its service area of water developed, stored, and distributed by Metropolitan; J. Carlsbad is a member public agency of Authority and provides domestic and nondomestic water services entirely within Authority's service area; K. Carlsbad is empowered under Section 71309 of the Water Code to enter into contracts necessary to carry out its powers and purposes; L. Metropolitan's water supply and demand projections for its service area, including that encompassed by Authority, show that additional sources of supplemental water must be developed to meet future needs; M. Metropolitan has determined to take all necessary steps to provide its service area with adequate and reliable supplies of high quality water in the years ahead in an environmentally and economically responsible way, including providing financial incentives to water recycling projects imder its Local Resources Program (LRP); N. Metropolitan and Authority have determined that it is mutually beneficial for local water projects originating in Authority's service area to be developed as a supplement to Metropolitan's imported water supplies in order to meet future water needs; O. A significant amount of treated wastewater generated within Authority'S service area is currently discharged to the ocean, which water when provided with tertiary treatment could be used for non-potable purposes; . P. Additional quantities of recycled water could be produced, distributed, and sold by Carlsbad by means of additional capital facilities to treat, distribute and use additional wastewater, thereby avoiding disposal thereof as a waste product and reducing the need for additional water that otherwise must be delivered from Metropolitan's imported water supply system for landscape irrigation purposes; -4- MWD Agreement No. 23300 Q. Carlsbad is currently planning and desires to construct additional capital facilities collectively known as the Phase II Project, to treat and distribute, for beneficial use, additional treated wastewater, which will minimize present and future disposal of wastewater as a waste product from Carlsbad, in a manner cost-effective for its customers; R. Metropolitan, in accordance with its LRP, desires to assist Carlsbad in the cost of treating and distributing recycled water for landscape irrigation purposes; S. Carlsbad desires to comply with the provisions of Metropolitan's LRP in return for Metropolitan's financial assistance for the Project; T. Metropolitan desires to assist in increasing production and distribution of recycled water by providing financial incentives to Carlsbad, through Authority, for implementation of the Proj ect. U. Authority desires to participate in and affirmatively supports the Project by transferring to Carlsbad the financial incentives that it receives from Metropolitan; V. The Parties believe that treatment and distribution of recycled water from the Project will benefit the local community within Carlsbad and the region served by Metropolitan; W. The Project, when fully developed, is estimated as being capable of delivering 5,000 acre- feet per year of recycled water by treating secondary wastewater and distributing recycled water for landscape irrigation purposes. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Definitions The following words and terms, unless otherwise expressly defined in their context, shall be defined to mean: 1.1: "Allowable Yield" shall mean the amount of Recycled Water that is delivered to End Users by Carlsbad from the Project in any given Fiscal Year and eligible to receive' Metropolitan's financial assistance. Allowable Yield, measured in acre-feet, shall not exceed Ultimate Yield and shall exclude any Recycled Water Metropolitan reasonably determines will not reduce Authority's or Carlsbad's demand for Metropolitan's imported water. 1.2: "End User" shall mean each user that purchases Recycled Water furnished by the Project. -5- MWD Agreement No. 23300 1.3: "LRP Contribution" shall mean the financial contribution in dollars per acre-foot Metropolitan pays for Allowable Yield to Carlsbad for monthly billing purposes as outlined in Exhibit B, incorporated herein by this reference. The LRP Contribution shall commence in Fiscal Year 2000-2001 and is limited to the Allowable Yield tabulated in ExhibitB. 1.4: "Fiscal Year" shall mean a Metropolitan Fiscal Year that begins on July 1 and ends on June 30. 1.5: "Project" shall mean the "Encina Basin Water Reclamation Project -Phases I and II" being developed by Carlsbad, as described in Exhibit A attached hereto and incorporated herein by this reference, consisting of existing facilities and additional capital facilities . including treatment and distribution facilities capable of producing the Allowable Yield. Carlsbad shall notify Metropolitan prior to making any changes to the Project that requires new environmental documentation other than an addendum to the existing environmental documentation. After reviewing the proposed change and associated environmental documentation, Metropolitan shall inform Authority and Carlsbad of Metropolitan's decision whether or not to include the change to this Agreement. 1.6: "Ultimate Yield" is established as 5,000 AFY and represents the sum of Phase I Ultimate Yield (2,050 AFY) and Phase II Ultimate Yield (2,950 AFY). Ultimate Yield is subject to the reduction provisions outlined in Exhibit C, incorporated herein by this reference. 1.7: "Recycled Water" shall mean treated wastewater, which subject to regulatory requirements, is suitable for beneficial uses. Section 2: Warranties 2.1 Carlsbad, by virtue of its ownership of the Project, warrants that it has a firm and adequate source of Recycled Water to operate the Project; 2.2: Carlsbad warrants that it is able and has a right to distribute and sell Allowable Yield produced from the Proj ect. 2.3: Carlsbad warrants that it does not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability and further warrants that it requires all contractors and consultants performing work on the Project to comply with all laws and regulations prohibiting discrimination against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or . physical or mental disability. 2.4: Carlsbad warrants that it has or will comply with the provisions ofthe California Environmental Quality Act for each and all components of the Project facilities. -6- MWD Agreement No. 23300 Section 3: Ownership and Responsibilities 3.1: Carlsbad shall be the sole owner of the Project facilities. Metropolitan and Authority have no ownership right, title, security interest or other interest in the Project facilities. 3.2: Carlsbad shall be solely responsible for all design, envirorunental compliance, right-of- way acquisitions, permits, construction, and cost of the Project and all modifications thereof. 3.3: Carlsbad shall be solely responsible for operating and maintaining the Project, in accordance with all applicable local, state, and federal laws. Metropolitan and Authority shall have no rights, duties or responsibilities for operation and maintenance of the Project. 3.4: Carlsbad shall install, operate and maintain metering devices for the purpose of measuring the quantity of Allowable Yield delivered to each End User. Carlsbad shall also account for and distinguish between Allowable Yield produced under the LRP agreement for Phases I and II. 3.5: Carlsbad shall, during the term of this Agreement, use its best efforts to operate Project facilities to maximize Allowable Yield on a sustained basis. 3.6: Authority and Carlsbad shall assist Metropolitan in its effort to forecast future Project production. 3.7: Carlsbad shall n,otify and provide Metropolitan with a copy of relevant agreements if Carlsbad decides to convey water using the Project facilities to any party that is not an End User. Section 4: Billing Process 4.1: Metropolitan shall pay Carlsbad, through Authority, the LRP Contribution specified in Exhibit B for Allowable Yield. Unless otherwise approved in writing by Metropolitan, no payment under this agreement shall be made by Metropolitan for groundwater, surface water or potable water deliveries to supplement the Recycled Water system. 4.2: Beginning on July 1,2018, Allowable Yield shall exclude the first 2,050 AFY of Recycled Water produced by the Project. 4.3: Carlsbad shall invoice Metropolitan monthly for the LRP Contribution based upon the Allowable Yield billed to the End Users during the previous mon.th. Metropolitan shall pay Carlsbad for invoiced LRP Contribution pursuant to Sections 4.1 and 4.5 by means of a credit included on the next water service invoice issued to Authority. -7- MWD Agreement No. 23300 4.4: Upon receiving the Metropolitan invoice, Authority shall include the full amount of the LRP Contribution for the Allowable Yield received from Metropolitan as a credit on its next water service invoice to Carlsbad. 4.5: Unless otherwise provided for in this Agreement, all invoicing, billing, and crediting processes shall be in accordance with the rules and regulations established from time to time by Metropolitan as reflected in Metropolitan's Administrative Code. Section 5: Record Keeping and Audit 5.1: Carlsbad shall establish and maintain separate accounting records of Project production and Allowable Yield for Phases I and II. In addition, Carlsbad shal1 collect and retain records of the total annual amount of water conveyed outside of Carlsbad's service area using Project facilities. Accounting for the Project shall utilize generally accepted accounting practices and be consistent with the terms of this Agreement. 5.2: Carlsbad shall collect and make available to Metropolitan upon request, Project production and Al10wable Yield data for each Fiscal Year of Project operation and retain records of measurements taken by meters installed pursuant to Section 3.4. Ifupon administrative review of previously submitted Allowable Yield data is found to be incorrect, an adjustment for over-or underpayment of Allowable Yield for each applicable Fiscal Year shall be paid by Metropolitan or Carlsbad within one year of determination of actual Allowable Yield. Disputes regarding such administrative review shall be resolved by formal audit. 5.3: Metropolitan shall have the right to audit Project production and Allowable Yield determination relevant to the terms of this Agreement for a period of three Fiscal Years following termination of this Agreement. Metropolitan may elect to have such audits conducted by its staff or by others, including independent accountants or engineers, as designated by Metropolitan. Carlsbad shall make available for inspection to Metropolitan or its designee, upon 30 days advance notice, all records, books and other documents related to the determination of Allowable Yield. Based on the results of any independent audit, an adjustment for over-or under payment of Allowable Yield for each applicable Fiscal Year shall be paid by Metropolitan or Carlsbad within one year of determination after such adjustment. 5.4: Carlsbad shall keep Project production and Al10wable Yield for at least five years following the end of each Fiscal Year. 5.5: By October 1st of each Fiscal Year, Carlsbad shall provide Metropolitan with a list of Phase I and Phase II users and the respective quantity of Recycled Water delivered to each user for the previous Fiscal Year. -8- MWD Agreement No. 23300 Section 6: Term and Amendments 6.1: The Agreement shaH commence on the date first herein written and terminate on June 30, 2019, subject to the performance provisions outlined in Exhibit C. The audit provisions shaH remain in effect three full Fiscal Years after the termination of the Agreement. 6.2: This Agreement may be amended at any time by the written mutual agreement of the Parties. Section 7: Hold Harmless and Liability Carlsbad agrees at its sole cost and expense to indemnify, defend, and hold harmless Metropolitan and Authority, their Boards of Directors, officers, agents, and employees from any claim and any and all liability, including but not limited to, any claims for injury Or death to any person, or damage to property for any act or omission or any liability due to water quality which may arise out of Carlsbad's approval of, and subsequent construction, operation, or ownership of the Project including the sale of Project water. Such indemnity shall include all loss related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to or arising out of such claim ofliability. Section 8: Notice Any notice, payment, or instrument required 1)r permitted to be given hereunder shall be deemed received upon personal delivery or 24 hours after deposit in any United States post office, first class postage prepaid and addressed to the Party for whom intended, as follows: If to Metropolitan: The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, California 90054-0153 Attention: General Manager If to Authority: San Diego County Water Authority 3211 F ifth Avenue San Diego, California 92103-5718 Attention: General Manager -9- MWD Agreement No. 23300 If to Carlsbad: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008-8893 Attention: Deputy City Engineer Any Party may change such address by notice given to each of the other Parties as provided in this section. Section 9: Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto. This Agreement and any portion thereof shall not be assigned or transferred to any entity not an original Party to this Agreement, nor shall any of the duties be delegated, without the express written consent of all Parties. Any attempt to assign or delegate this Agreement or any of the obligations or benefits of this Agreement without the express written consent of all Parties shall be void and of no force or effect. Section 10: Severability The partial or total invalidity of one or more sections of this Agreement shall not affect the validity of this Agreement. Section 11: Integration This Agreement comprises the entire integrated understanding between the Parties concerning the Project, and supersedes all prior negotiations, representations, or agreements. Section 12: Governing Law The law governing this Agreement shall be the laws of the state of California and the venue of any action brought hereunder shall be in Los Angeles County, California. III III III III III III III III III -10- MWD Agreement No. 23300 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first hereinabove written. APPROVED AS TO FORM: N. Gregory Taylor General Counsel By: --YJIv-J--c..{dt- Deputy General ¢ounsel 7:JTA TO FO~,e;;",' ~ '-.. /' Counsel APPROVED AS TO FORM: By: \ ..:.. I ;3- ,. Ge eral Counsel -\oc o:\clustr 1 O\rnmshared\contract\agree\233 00 MWD Agreement No. 23300 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ronald R. Gastelum General Manager By: ~ /'(\~~ Stephen . Arakawa, Actmg Manager Water Resources Management Group SAN DIEGO COUNTY WATER AUTHORITY -~~::. BY:~~ Director of Water Resources -11- EXHIBIT A The Encina Basin Water Reclamation Project -Phases I and II Project Description Overview: The Encina Basin Water Reclamation Project -Phases I and II (Project) is owned and operated by the Carlsbad Municipal Water District (Carlsbad). Under the Project, approximately 5,000 acre-feet per year (AFY) is delivered to Carlsbad Recycled Water customers for landscape, agricultural, commercial and industrial purposes. The Project is located entirely within Carlsbad's service area imniediately south of Palomar Airport Road and west ofEl Camino Real (see Figure 1). Sources of Recycled Water 1. Meadowlark Water Reclamation Facility Under Phase J, the Project currently receives Recycled Water from two external sources. The majority of the Project's water needs are supplied by the Meadowlark Water Reclamation Facility (Meadowlark), which is owned and operated by Vallecitos Water District (Vallecitos). Meadowlark provides primary, secondary and tertiary treatment to wastewater and has a current capacity of about 2 million gallons per day. Recycled Water from Meadowlark is delivered to the Project through Vallecitos' fail-safe pipeline. Recycled Water in the fail-safe pipeline which is not used by the Project is delivered to the Encina Water Pollution Control Facility (Encina) and then discharged to the ocean. Carlsbad has entered into an agreement with Vallecitos to purchase up to 2,040 AFY from Meadowlark. Meadowlark, the Mahr Reservoir and Vallecitos' fail-safe pipeline are pre-existing and not part of the Project. 2. Gafoer Water Reclamation Plant The second source of Phase I Recycled Water is the Gafner Water Reclamation Plant (Gafner), which is owned and operated by Leucadia County Water District (Leucadia). Gafner provides primary, secondary and tertiary treatment and has a current capacity of about 0.75 million gallons per day. Raw wastewater can also be sent to Encina via a separate pipeline from Gafner. At Leucadia's discretion, secondary treated wastewater can be pumped back from Encina to Gafner for tertiary treatment. Carlsbad has entered into a take-or-pay agreement with Leucadia to purchase a minimum of 394 AFY from Gafner for Recycled Water deliveries supplied only to La Costa South Golf Course. Gafner and Encina are pre-existing and not part of the Project. -12- MWD Agreement No. 23300 3. Carlsbad Water Recycling Facility Included in the development of Phase II facilities is construction of the proposed 5 million gallons per day Carlsbad Water Recycling Facility (CWRF). CWRF will provide tertiary treatment of secondary effluent from Encina and serve Recycled Water to the Project. Additional facilities may include micro filtration and reverse osmosis to reduce total dissolved solids levels in Recycled Water. Project Facilities Phase I Phase I ofthe Project consists of a distribution system, conversion of two potable water reservoirs to Recycled Water reservoirs and installation of pot able :-vater pipelines to replace pipelines for Recycled Water use. The distribution system includes about six miles of Recycled Water pipeline, pumping facilities, and a one-mile pipeline to replace the existing potable water pipeline that will be converted for Recycled Water use. Both the La Costa North and South Golf Course receive Recycled Water from the Project via existing, non-project pipelines. In addition, the Project includes capital improvements to Meadowlark including modifications to the effluent pump station, construction of a diversion structure, and installation of electrical and instrumentation equipment. Phase II Phase II of the Project will involve construction of the 5 million gallons per day CWRF, extension of the existing Recycled Water distribution system by approximately 75,000 feet to serve new users, construction of a new pump station, and conversion of the existing Mahr Reservoir for Recycled Water storage. Although capital improvements to convert the existing Mahr Reservoir from potable to Recycled Water use are included in the Project, the Mahr Reservoir is considered pre-existing and not part of the Project. End Users Recycled Water from the Project will be produced for non-potable landscape and agricultural irrigation, and commercial and industrial purposes within Carlsbad's service area. Points of Connection Project facilities shaH terminate at the points of connection to the Project's sources of supply, brine disposal facilities, Mahr Reservoir, the potable distribution systems, sewer systems, storm drains, groundwater extraction systems, Vallecitos' fail-safe pipeline, and meter connections to End Users. -13- MWD Agreement No. 23300 ENCINA WATER POLLUTION CONTROL FACILITY CARLSBAD WATER RECYCLING FACILITY Pacific Ocean \ , I I r PROPOSED ,l.~~ PUMP STATION ..... -l I. \ -"\ '\ T IJ:! \ I '" '\ \ , \ \ I " ~ ...... ~ , \ ,.. ,.... \1 ;, ~-" ... , ~~ ... .... I .. ~ r-) • '" ./ ',I " I I I "'-, I ,--, . , ",., -( I f( PROPOSED '--'" ·"J<r __ ~-<" _PUMP STATION " I ~<. .>-}, , ' I" r, <,I\u· • / .., ......... --, .1 '..J...., I p, p..\l',?o --" .,-( v"'--.... ___ -,...~/Om3.t_' ..... ,.... \ ......... _'X..~ I .... _ .... , J ;; :' \. -+--I.;:o;~rR I \4-1 ,. a:' \ .... ""'..... )-L, I .... , X . -, I" ".,., ---..... ~.{)::--I., , ............ .". ~ , -I ............... ' 'P' -.0\ , J -""........ \ --' \ -'\=''''''~'';'::-:';-'''' . ... \ " \ ,. \ ,.... -\.". 1 -..... ...._\ ~\' .... "\--, ~_\ 1 .... --1 , ';.\ 1 ; I " "I I I , ~ " ,~ ...... ---t-L. I I .' I -'.,.--t MEADOWLARK \ _I 1.1 WATER I 411 ,_ RECLAMATION / / u:', FACILITY,"" GAFNER""{ ", v"" WATER " MAHRJ/ RECLAMATION 'ill RESERVOIR 1 FACILITY • j I ~~ \ ~-\ I .... _ .... , \ I \ ~e earcefon L. I \ c-a.:...'--........ C! I ...... ~ ..... / ,_....... .... ~ , '... .\ \ I I \ EXISTING PIPELINES (PHASE I) PROPOSED PIPEPLINES (PHASE II) '\ I ' ..... '--- Figure 1 ENCINA BASIN WATER REClAMATION PROJECT PHASE I & II Fiscal Year 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 , 2015-16 2016-17 2017-18 2018-19 EXHIBITB LRP CONTRIBUTION SCHEDULE LRP Contribution ($/AF) 210 210 210 210 200 200 200 200 200 139 100 100 100 100 100 100 100 100 100 -Subject to reduction provisions outlined in Exhibit C Maximum Annual Allowable Yield' (AF) 2,250 2,550 3,050 3,450 3,850 4,250 4,650 4,950 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 4,150" 2,950'" .. -Reduction attributable to eligible deliveries from Phase I Project through 113112018 . .. , -Ultimate Yield less Phase I Project Yield per Section 4.2 of this Agreement. EXHIBITC PERFORMANCE PROVISIONS 1. The following performance provisions apply: a. The Agreement will terminate if construction of Phase II facilities has not commenced by April 1; 2002. If this Agreement is terminated under this provision, the Conversion Agreement shall be restored to full force and effect. There is no established appeal process for this outcome. b. The Agreement will terminate if Project production is not delivered from the proposed 5 million gallons per day CWRF by April 1, 2006. If this Agreement is terminated under this provision, the Conversion Agreement shall be restored to full force and effect. The Project sponsor(s) may appeal this decision to Metropolitan's Board of Directors. c. If Phase II production from the CWRF during Fiscal Years 2004-05 through 2007-08 does not reach the target yield of 1,092 acre-feet (AF), Metropolitan will reduce the Allowable Yield outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. For example, the Phase II Ultimate Yield of the Project for the following performance will be revised from 2,950 to 2,879 AFY for Scenario 1 begirming in Fiscal Year 2008-09. There would be no adjustment under Scenario 2. Scenario I Fiscal Year Phase 2 (AFY) 2004-05 700 2005-06 850 2006-07 900 2007-08 950 Scenario 1: FY 2008-09 Allowable Yield = 5,000 AF Shortfall = 0.5 x (1,092 -950) = 71 AF Scenario 2 Phase 2 (AFY) 700 850 1,300 950 The Allowable Yield for Fiscal Years 2008-09 through 2018-19 outlined in Exhibit B, will be reduced by 71 AF. Scenario 2: Since Phase II production is greater than 1,092 AF in Fiscal Year 2006-07, no adjustment is required. -16- MWD Agreement No. 23300 d. If Phase II production from the CWRF during Fiscal Years 2008-09 through 201 1-12 does not reach the target yield of 1,858 AF (or revised Allowable Yield if applicable), Metropolitan will reduce the Allowable Yield (or revised Allowable Yield if applicable) outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. Scenario I Scenario 2 Fiscal Year Phase 2 (AFY) Phase 2 (AFY). 2008-09 1,500 1,500 2009-10 1,550 1,600 2010-1 I 1,700 1,350 2011-12 1,200 1,400 Scenario I: FY 2012-13 Allowable Yield (Revised) = 4,929 AF Shortfall = 0.5 x (1,858 -1,700) = 79 AF The Allowable Yield for Fiscal Years 2012-13 through 2018-19 outlined in ExhibitB, will be reduced by 79 AF. Scenario 2: FY 2012-13 Allowable Yield = 5,000 AF Shortfall = 0.5 x (1,858 -1,600) = 129 AF The Allowable Yield for Fiscal Years 2012-13 through 2018-19 outlined in Exhibit B, will be reduced by 129 AF . . ' e. If Phase II production from the CWRF during Fiscal Years 2012-13 through 2015-16 does not reach the target yield of2,2 12 AF (orrevised Allowable Yield if applicable), Metropolitan will reduce the Allowable Yield (or revised Allowable Yield if applicable) outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. The adjustment will be made using the same methodology shown in the above examples. 2. If Phase II production from the CWRF reaches 2,950 AF in anyone Fiscal Year, there will be no adjustment to the Allowable Yield thereafter. o :Ielustr 1 Olmmsharedlcontractlagreel233 00 -17- MWD Agreement No. 23300 MWD METROPOLITAN WATER OISTRICT OF SOUTHERN CALIFORNIA Ottice of the General Manager May 15,2001 Mr. Robert Greaney General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Dear Mr. Greaney: , . 'RECEIVED t1A'( 1 7 2UOI ENGINEERING DEPARTMENT Commencement of Construction for Encina Basin Water Reclamation Program --' Phase 2 On March 28, 2000, Metropolitan, San Diego County Water Authority, and Carlsbad Municipal Water District entered into a Local Resources Program Agreement for development of the Encina Basin Water Reclamation Program Phase 1 and 2 (Agreement No: 23300). This is a reminder that our agreement incorporates several performance targets that result in withdrawal or adjustment of financial commitments if the project fails to meet provisions outlined in Exhibit C. The first performance provision peliains to project development and calls for agreement termination if construction has not commenced before April I, 2002. In the event of agreement termination under this performance provision, the Phase 1 Conversion Agreement (Agreement No. 22152) would be restored to full force and effect. Unlike other performance provisions, there is no established appeal process for this outcome. We look forward to working with your staff in developing your project. For coordination ofa field visit to verify commencement of project construction, please contact Mr. Andy Hui at (213) 217-6557. 2!Zrs,\J'.....,'l...~....-t Andrew Sienkiewlch Manager, Resource Procurement AMH:cmk o :\cl ustr 1 O\s hared\corres \encinaco mm e 11 eel eUef. doc cc: Ms. Maureen Stapleton, San Diego County Water Authority Ms. Cheryl Munoz, San Diego County Water Authority Mr. Willian1 Plummer, Carlsbad Municipal Water District 700 N. Alameda Street, Los Angeles, California 90012 • Mailing address: Box 54153. Los Angeles, California 90054·0153 • Telephone (213) 217 -6000 January 2012 E-1 pw://Carollo/Documents/Client/CA/Carlsbad/8308A00/Deliverables/Draft Report/Appendicies/Appendix_E.doc Appendix E PERMITS AND REGULATIONS This appendix includes: • Carlsbad WRF Master Reclamation Permit (2001_0352) • Gafner WRP Permit (2004_0223) • Meadowlark WRF Permit (2007_0018) • Ordinance 43 (Mandatory Use) • Ordinance 45 (Rates and Cross Connection Control Program) • Delegation Agreement Between the California Department of Health Services and the County of San Diego Department of Environmental Health. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. R9-2004-0223 WASTE DISCHARGE REQUIREMENTS FOR LEUCADIA WASTEWATER DISTRICT FOREST R. GAFNER WATER RECLAMATION PLANT SAN DIEGO COUNTY The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board), finds that: 1. On May 21, 1979, this Regional Board adopted Order No. 79-35, “Waste Discharge Requirements for Leucadia County Water District (LCWD), Forest R. Gafner Water Reclamation Plant (FRGWRP), San Diego County.” Order No. 79- 35 and addenda thereto established requirements for the disposal of reclaimed water to the La Costa Golf Course, which is located within the Batiquitos (4.51) Hydrologic Subarea (HSA) between El Camino Real and Highway 78. Addendum No. 1 to Order No. 79-35 specifically excepted the La Costa Golf Course reclaimed water storage pond from the Water Quality Control Plan for the San Diego Basin (Basin Plan) requirement that all waste treatment, containment, and disposal facilities be protected against a 100-year, 24-hour storm and a 100- year frequency peak stream flow event. 2. On May 4, 1987, this Regional Board adopted Order No. 87-82, “Waste Discharge Requirements for Leucadia County Water District Forest R. Gafner Water Reclamation Plant, San Diego County.” Order No. 87-82 superseded Order No. 79-35 and authorized the disposal of up to 0.75 millions gallons per day (MGD) of reclaimed water to the La Costa Golf Course. Addendum No. 1 to Order No. 87-82 authorized the LCWD to supply up to 0.75 MGD of reclaimed water to the Carlsbad Municipal Water District (CMWD) for distribution within portions of the Carlsbad Hydrologic Unit (HU) (904.00) in the following Hydrologic Areas (HA) and Subareas (HSA): a. Buena Vista Creek (4.20) HA, El Salto (4.21) HSA within the City of Carlsbad; b. Agua Hedionda (4.30) HA, Los Monos (4.31) HSA within the City of Carlsbad; c. Encinas (4.40) HA within the City of Carlsbad; d. San Marcos (4.50) HA, Batiquitos (4.51) HSA within the City of Carlsbad; and e. San Marcos (4.50) HA, Richland (4.52) HSA. 3. On December 20, 1993, this Regional Board adopted Order No. 93-41, “Waste Discharge Requirements for Leucadia County Water District Forest R. Gafner Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements Water Reclamation Plant, San Diego County.” Order No. 93-41 superseded Order No. 87-82 and authorized the LCWD to supply up to 0.75 MGD of reclaimed water to the CMWD for distribution within the portions of the Carlsbad HU (904.00) listed in Finding No. 2. Addendum No. 1 to Order No. 93-41, adopted on October 10, 2001, increased the maximum allowable flow rate from 0.75 MGD to 1.0 MGD. 4. In order to substantiate that the intermittent overflow of the La Costa Golf Course reclaimed water storage pond does not impact surface water quality, Order 93-41 required regular monitoring of surface water and intense monitoring during any overflow event. In addition, Order 93-41 required the LCWD to implement appropriate and reasonable measures to prevent discharge of reclaimed water into San Marcos Creek or Batiquitos Lagoon, including termination of the discharge to the storage pond when there is a potential for overflow. The surface water monitoring program mandated by Order No. 93-41 requires monthly monitoring from November through March for flow, total dissolved solids (TDS), and total hardness (a measure of the sum of calcium and magnesium concentrations expressed as calcium carbonate) 250 feet upstream of the reclaimed water storage reservoir, 250 feet downstream, and at a point where first contact would occur with San Marcos Creek in a flood event. No significant effect of the use or storage of reclaimed water at the La Costa Golf Course on water quality in San Marcos Creek has been observed. According to reports from the LCWD, since issuance of Order No. 93-41, San Marcos Creek overflowed its banks and caused commingling of water in the reclaimed water storage pond with the creek on two occasions, January 5 and 12, 1995. On both days the creek waters receded the same day as the flooding. Monitoring data collected on both days at the points described above did not provide any conclusive evidence that the flooding degraded water quality in San Marcos Creek. 5. On May 20, 1991, this Regional Board adopted Order No. 91-60, “Water Reclamation Requirements for the Purveyance of Reclaimed Water for the Carlsbad Municipal Water District, San Diego County.” Order No. 91-60 authorized the CMWD to purvey water from the LCWD FRGWRP, Buena Sanitary District Shadowridge Water Reclamation Plant, and Vallecitos Water District Medowlark Water Reclamation Plant to areas within portions of the Carlsbad HU (904.00). 6. On December 16, 1998, this Regional Board adopted Order No. 98-200, “Master Reclamation Permit for the Carlsbad Municipal Water District, San Diego County.” Order No. 98-200 superseded Order No. 91-60 and authorized the CMWD to purvey reclaimed water to areas within portions of the Carlsbad HU (904.00). 2 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 7. On December 12, 2001, this Regional Board adopted Order No. 2001-352, “Master Reclamation Permit with Waste Discharge Requirements for the Production and Purveyance of Reclaimed Water for the Carlsbad Municipal Water District Carlsbad Water Recycling Facility, San Diego County.” Order No. 2001-352 superseded Order No. 98-200 and authorizes the CMWD to produce and purvey reclaimed water to areas within the Carlsbad HU (904.00). Reclaimed water produced at the FRGWRP and delivered to the CMWD for purveyance is currently subject to the requirements of Order No. 2001-352. 8. On April 2, 2003, the LCWD changed its name to the Leucadia Wastewater District (LWD). 9. By letter dated April 13, 2004, the LWD was notified that the Regional Board was in the process of reviewing Order No. 93-41 as part of the Regional Board’s permit update program. This Order incorporates updated information submitted by the discharger and other information obtained by Regional Board staff during the update process. 10. At the request of the LWD, this Order only authorizes distribution of reclaimed water produced at the FRGWRP to the La Costa Golf Course, which is located within the Batiquitos (4.51) HSA between El Camino Real and Highway 78. Distribution of recycled water to other areas in the Carlsbad HU (904.00) previously authorized by Order No. 93-41 and Order No. 2001-352 is prohibited. 11. The LWD owns and operates the Encina Effluent Pump Station (EEPS), located at the Encina Wastewater Authority’s Encina Water Pollution Control Facility (EWPCF). The EEPS diverts secondary effluent wastewater from the EWPCF upstream of the Encina Ocean Outfall. From the EEPS, the diverted wastewater is sent through the LWD Gafner Land Outfall, approximately 28,220 feet long (5.34 miles), to the FRGWRP. In order to minimize spills, an alarm point in the FRGWRP control system constantly compares flow meter readings at both ends of the Gafner Land Outfall and automatically shuts down the EEPS whenever a significant disparity in flow rates occur. 12. The FRGWRP is located at 1960 La Costa Avenue, adjacent to San Marcos Creek and immediately upstream of Batiquitos Lagoon. The facility has only tertiary processes consisting of coagulant chemical addition, flocculation, clarification, filtration, and chlorine disinfection. Any reclaimed water that is undeliverable or fails to meet Title 22 standards is automatically diverted to the sanitary sewer for treatment at the EWPCF. The FRGWRP no longer has the capability to discharge directly to the Encina Ocean Outfall. 3 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 13. This Regional Board, acting in accordance with Section 13244 of the California Water Code, adopted the Water Quality Control Plan for the San Diego Basin (9), (hereinafter Basin Plan) on September 8, 1994. The Basin Plan was approved by the State Water Resources Control Board (SWRCB) on December 13, 1994. Subsequent revisions to the Basin Plan have also been adopted by the Board and approved by the SWRCB. The Basin Plan contains beneficial uses, water quality objectives and waste discharge prohibitions. 14. Table 2-2 of the Basin Plan lists the following beneficial uses for San Marcos Creek and Encinitas Creek, surface waters within the Batiquitos (4.51) HSA: a. Agricultural Supply b. Contact Water Recreation c. Non-contact Water Recreation d. Warm Freshwater Habitat e. Wildlife Habitat 15. Table 2-3 of the Basin Plan lists the following beneficial uses for Batiquitos Lagoon, coastal water within the Batiquitos (4.51) HSA: a. Contact Water Recreation b. Non-contact Water Recreation c. Preservation of Biological Habitats of Special Significance d. Estuarine Habitat e. Wildlife Habitat f. Rare, Threatened, or Endangered Species Habitat g. Marine Habitat h. Migration of Aquatic Organisms 16. Table 2-5 of the Basin Plan lists the following potential beneficial uses for groundwater within the Batiquitos (4.51) HSA: a. Municipal and Domestic Supply b. Agricultural Supply c. Industrial Process Supply However, Note 7 of Table 2-5 states that the beneficial uses do not apply for the area of the Batiquitos HSA (between El Camino Real and Highway 78) within which the La Costa Golf Course is located. 4 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 17. Tables 3-2 and 3-3 of the Basin Plan list the following water quality objectives for the Batiquitos (4.51) HSA (note that the groundwater quality objectives listed do not apply to the portion of the Batiquitos (4.51) HSA between Highway 78 and El Camino Real, within which the La Costa Golf Course is located): Basin Plan Water Quality Objectives for Batiquitos (4.51) HSA Concentration not to be exceeded more than 10% of the time during any one year period (mg/l or as noted) CONSTITUENT Inland Surface Water Groundwater4 Total Dissolved Solids 500 3500 Chloride 250 800 Sulfate 250 500 Percent Sodium 60% 60% Nitrate (as NO3) --- 45 Nitrogen and Phosphorus see note 3 --- Iron 0.3 0.3 Manganese 0.05 0.05 Methylene Blue Active Substances 0.5 0.5 Boron 0.5 2.0 Odor None None Turbidity 20 NTU 5 NTU Color 20 units 15 units Fluoride 1.0 1.0 Notes: 1. 2. 3. 4. mg/l = milligrams per liter NTU = Nephelometric turbidity units Concentrations of nitrogen and phosphorous, by themselves or in combination with other nutrients, shall be maintained at levels below those which stimulate algae and emergent plant growth. Threshold total phosphorous (P) concentrations shall not exceed 0.05 mg/L in any stream at the point where it enters any standing body of water, nor 0.025 mg/L in any standing body of water. A desired goal in order to prevent plant nuisances in streams and other flowing waters appears to be 0.1 mg/L total P. These values are not to be exceeded more than 10% of the time unless studies of the specific water body in question clearly show that water quality objective changes are permissible and changes are approved by the Regional Board. Analogous threshold values have not been set for nitrogen compounds; however, natural ratios of nitrogen to phosphorous are to be determined by surveillance and monitoring and upheld. If data are lacking, a ratio of N:P = 10:1 shall be used. The water quality objectives do not apply to hydrologic subareas 4.51 and 4.52 between Highway 78 and El Camino Real and to all lands which drain to Moonlight Creek and Encinitas Creek. The objectives for the remainder of the Hydrologic Areas are as shown. 18. A discharge in compliance with this Order will be consistent with the standards, policies, and regulations established in the Basin Plan for the achievement of water quality objectives. 19. In establishing the requirements contained herein the Regional Board considered factors including, but not limited to, the following: a. Beneficial uses to be protected and the water quality objectives reasonably required for that purpose, 5 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements b. Other waste discharges, c. The need to prevent nuisance, d. Past, present, and probable future beneficial uses of the hydrologic subunits under consideration, e. Environmental characteristics of the hydrologic subunits under consideration, including the quality of water thereto, f. Water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect water quality in the area, g. Economic considerations, h. The need for developing housing within the region, and i. The need to develop and use recycled water. 20. The proposed project will make use of recycled water consistent with the goals of California Water Code, Division 7, Chapter 7, Water Recycling Law. 21. In accordance with the Memorandum Of Agreement Between The Department Of Health Services And The State Water Resources Control Board On Use Of Reclaimed Water, this Order incorporates any conditions of approval submitted as part of the State DHS recommendations into water reclamation requirements proposed for adoption by this Regional Board. 22. This Regional Board has considered all water resource related environmental factors associated with the proposed discharge of waste from the FRGWRP. 23. The FRGWRP is an existing facility and this re-issuance of waste discharge requirements allows negligible or no expansion of existing uses; therefore, this Order is categorically exempt from the requirements of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) in accordance with Title 14, Division 6, Chapter 3, Article 19, Section 15301 of the California Code of Regulations. 24. This Regional Board has notified the LWD and all known interested parties of the intent to prescribe master reclamation permit requirements for the discharge described in the Findings of this Order. 25. This Regional Board in a public meeting has heard and considered all comments pertaining to the proposed discharge of waste from the FRGWRP. 6 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements IT IS HEREBY ORDERED THAT, the LWD, in order to meet the provisions contained in Division 7 of the California Water Code and Regulations adopted thereunder, shall comply with the following requirements for FRGWRP: A. PROHIBITIONS 1. Discharges of waste to lands which have not been specifically described in the findings and for which valid waste discharge requirements are not in force are prohibited. 2. The discharge of waste in a manner other than as described in the findings of this Order is prohibited unless the discharger obtains revised waste discharge requirements that provide for the proposed change. 3. Compliance with the Waste Discharge Prohibitions, as stated in the 1994 Basin Plan (Attachment 1), is required as a condition of this Order. 4. The discharge of wastewater shall not cause, wholly or in combination with any other discharge(s), this Regional Board’s objectives for the ground or surface waters of the Carlsbad HU (904.00), as established in the Basin Plan, to be exceeded. 5. Neither the treatment, storage nor disposal of waste shall create a pollution, contamination or nuisance, as defined by Section 13050 of the California Water Code. 6. The discharge of a 30-day average treated wastewater flow volume for irrigation in excess of 1.0 MGD is prohibited unless the discharger obtains revised waste discharge requirements for the proposed increased flow. B. DISCHARGE SPECIFICATIONS 1. Effluent used for landscape irrigation purposes shall be treated to the most restricted level in conformance with all applicable provisions of California Code of Regulations, Title 22, Division 4, Chapter 3 (Reclamation Criteria) for landscaping irrigation [currently Section 60304 (a) and 60320.5]. 2. The median concentration of total coliform bacteria measured in the disinfected effluent shall not exceed an MPN of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which 7 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements analyses have been completed and the number of total coliform bacteria shall not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. No sample shall exceed an MPN of 240 total coliform bacteria per 100 milliliters. 3. Turbidity concentration of the recycled water effluent from the FRGWRP shall not exceed a 24-hour average value of 2 NTU (nephelometric turbidity units), shall not exceed 5 NTU more than 5% of the time during a 24-hour period, and shall not exceed 10 NTU at any time. C. RECYCLED WATER PURVEYANCE REQUIREMENTS 1. If the LWD begins purveyance of reclaimed water directly to parties other than itself (for onsite use only) or the CMWD, the LWD shall be considered a Recycled Water Agency and shall be subject to the provisions of this section. The LWD shall notify the Regional Board 120 days prior to commencement of the purveyance of reclaimed water directly to parties other than the CMWD. 2. The Recycling Water Agency shall establish new Regional Board, State DHS and the San Diego County Department of Environmental Health (County DEH) approved Rules and Regulations for Recycled Water Users governing the design and construction of recycled water use facilities and the use of recycled water. The Recycled Water Agency shall ensure that the rules and regulations are implemented and enforced with respect to the recycled water users. The Recycled Water Agency shall certify prior to the commencement of purveyance, that the Recycled Water Agency’s Rules and Regulations for Recycled Water Users are consistent with the requirements contained in Attachment No. 2 of this Order. 3. The Recycled Water Agency shall certify, prior to commencement of purveyance, that it has developed and submitted for approval a program to conduct compliance inspections of recycled water reuse sites to the Regional Board, State DHS and County DEH. Inspections shall determine the status of compliance with the Recycled Water Agency's approved rules and regulations for recycled water users. 4. The Recycled Water Agency shall certify, prior to commencement of purveyance, that the following information has been developed and is available to the State DHS and the County DEH, for all current recycled water use areas: a. The number, location, and type of facilities within the use area 8 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements proposing to use domestic and recycled water. "Facility" means any type of building or structure, or defined area of specific public use that utilizes or proposes to utilize a dual plumbed system. b. The average number of persons estimated to be served by each facility on a daily basis. c. The specific boundaries of the proposed use site area including a map showing the location of each facility, drinking water fountain and impoundment to be served. d. The person or persons responsible for operation of the recycled water system at each use area. e. The specific use to be made of the recycled water at each use area. f. The methods to be used by the Recycled Water Agency to assure that the installation and operation of the recycled system will not result in cross connections between the recycled water piping system and the potable water piping system. This shall include a description of pressure, dye or other test methods to be used to test the system. g. Plans and specifications shall include the following and shall be submitted to the State DHS and County DEH for approval: (1) Proposed piping system to be used, (2) Pipe locations of both the recycled and potable systems, (3) Type and location of the outlets and plumbing fixtures that will be accessible to the public, (4) The methods and devices to be used to prevent backflow of recycled water into the public water system, (5) Plan notes relating to recycled water specific installation and use requirements. 5. The Recycled Water Agency shall do the following for all reuse sites: a. Enforce recycled water rules and regulations, b. Conduct recycled water reuse site compliance inspections in accordance with the program submitted in compliance with Recycled Water Purveyance Requirements C.3 of this Order, c. Notify the State DHS and the County DEH of any incidence of recycled water backflow into the potable water system as soon as possible, but in no case later than 24 hours of finding the incident, and 9 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements d. Maintain a current list of all on-site recycled water supervisors. 6. Prior to providing recycled water to a dual plumbed system as defined in Title 22, Chapter 3, Article 1, of the California Code of Regulations, the Recycled Water Agency shall obtain an amendment to this Order. 7. Recycled water shall not be supplied to parties who use, transport, or store such water in a manner which causes a pollution, contamination or nuisance, as defined by Section 13050 of the California Water Code. D. FACILITY DESIGN AND OPERATION SPECIFICATIONS 1. PROPER OPERATION The LWD shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the LWD to achieve compliance with conditions of this Order. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Order. 2. WET WEATHER STORAGE The discharger shall provide adequate storage facilities to contain recycled water, or have in place alternate recycled water disposal methods approved by the Regional Board, during and after periods of rainfall when disposal by irrigation cannot be successfully practiced and to prevent the discharge of treated or untreated recycled water to any surface water body. 3. COAGULATION ALTERNATIVE Coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is capability to automatically activate chemical addition or divert wastewater should the turbidity of the influent to the filters exceed 5 NTU for more than 15 minutes. 10 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 4. DISINFECTION PROCESS Disinfection of recycled water shall comply with all requirements of California Code of Regulations, Title 22, Division 4. Disinfection may be accomplished by either: a. A chlorine disinfection process that provides a CT (chlorine concentration times modal contact time) value of not less than 450 mg-min/liter at all times with a modal chlorine contact time of at least 90 minutes based on peak dry weather design flow; or b. A disinfection process, that, when combined with the filtration process, has been demonstrated to reduce the concentration of plaque-forming units of F-specific bacteriophage MS2, or polio virus, per unit volume of water in the wastewater to one hundred thousandths (1/100,000) of the initial concentration in the filter influent throughout the range of qualities of wastewater that will occur during the recycling process. A virus that is at least as resistant to disinfection as polio virus may be used for purposes of the demonstration. 5. OPERATION MANUAL A copy of the facility operations manual shall be maintained at the FRGWRP and shall be available to operation personnel and Regional Board staff upon request at all times. The following portions of the operations manual shall be posted at the treatment plant as a quick reference for treatment plant operators: a. Alarm set points for secondary turbidity, tertiary turbidity and chlorine residual. b. Levels at which flow will be diverted for secondary turbidity, tertiary turbidity and chlorine residual. c. When to divert flow for high daily and weekly median total coliform. d. When the authorities (State DHS, County DEH, Regional Board) will be notified of a diversion. e. Names and numbers of those authorities to be notified in case of a diversion. f. Frequency of calibration for turbidimeters and chlorine residual analyzers. 11 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 6. OPERATORS CERTIFICATION The LWD’s wastewater treatment facilities shall be supervised and operated by persons possessing certificates of appropriate grade pursuant to Division 3, Chapter 26, Title 23 of the California Code of Regulations. 7. RUNOFF AND FLOOD PROTECTION a. The discharge to any landscape impoundment, including the La Costa Golf Course storage pond, shall be terminated whenever rainfall or flooding is likely to cause the impoundment to overflow. b. All waste treatment, storage and purveyance facilities, with the exception of irrigation areas and the La Costa Golf Course storage pond, shall be protected against 100-year peak stream flows as defined by the San Diego County flood control agency. c. All wastewater and recycled water storage facilities, with the exception of irrigation areas and the La Costa Golf Course storage pond, shall be protected against erosion, overland runoff, and other impacts resulting from a 100-year, 24-hour frequency storm. 8. MONITORING AND REPORTING The LWD shall comply with the attached Monitoring and Reporting Program No. R9-2004-0223, and future revisions thereto as specified by the Executive Officer. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. R9-2004-0223. 9. MAINTENANCE A preventive maintenance program shall be provided at the FRGWRP reclamation plant to ensure that all equipment is kept in a reliable operating condition. 10. RELIABILITY REQUIREMENTS The LWD’s facilities shall comply with all applicable reliability requirements contained in Title 22, Division 4, Chapter 3, Article 10, Alternative Reliability Requirements for Uses Requiring Oxidized Disinfected Wastewater or Oxidized, Coagulated, Clarified, Filtered, Disinfected 12 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements Wastewater, of the California Code of Regulations. E. BIOSOLIDS SPECIFICATIONS 1. Collected screenings, sludges, other solids removed from liquid wastes, and filter backwash shall be disposed of in a manner approved by the Executive Officer. Before sludge is disposed of by means other than discharge to the EWPCF or a landfill regulated under waste discharge requirements, the discharge shall submit written notification to the Executive Officer of the proposed disposal method. Such disposal, use or supply for reuse by others shall not be initiated until approved by the Executive Officer. 2. Solids and sludge treatment, storage, and disposal or reuse shall not create a nuisance, such as objectionable odors or flies, and shall not result in groundwater contamination. 3. The solids and sludge treatment site and storage site shall have facilities adequate to divert surface water runoff from adjacent areas, to protect the boundaries of the site from erosion, and to prevent drainage from the treatment and storage site. Adequate protection is defined as protection from at least a 100-year storm and protection from the highest possible tidal stage that may occur. 4. The discharge of sewage sludge and solids shall not cause waste material to be in a position where it is, or can be, conveyed from the treatment and storage sites and deposited in the waters of the state. F. STANDARD PROVISIONS 1. ENFORCEMENT The Regional Board may initiate enforcement action against the LWD, which may result in the termination of the recycled water supply, if any person uses, transports, or stores such water in a manner which creates, or threatens to create conditions of pollution, contamination, or nuisance, as defined in the California Water Code, Section 13050. 13 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 2. DUTY TO COMPLY The LWD 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 (a) enforcement action; (b) termination, revocation and reissuance, or modification of this Order; or (c) denial of a report of waste discharge in application for new or revised master reclamation permit requirements. 3. ENTRY AND INSPECTION The LWD shall allow the Regional Board, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to do the following: a. Enter upon the LWD's premises where a regulated facility or activity is located or conducted or where records must be 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, 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. 4. CIVIL MONETARY REMEDIES The California Water Code provides that any person who intentionally or negligently violates any master reclamation permit requirements issued, reissued, or amended by this Regional Board shall be liable civilly in accordance with California Water Code. 5. PENALTIES FOR INVESTIGATION, MONITORING OR INSPECTION VIOLATIONS The California Water Code provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or falsifying any information provided in the monitoring reports is 14 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements guilty of a misdemeanor and is subject to a civil liability for each day in which the violation occurs. 6. ENDANGERMENT OF HEALTH AND ENVIRONMENT The LWD shall report any noncompliance that may endanger health or the environment. Any such information shall be provided orally to the Executive Officer within 24 hours from the time the LWD becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the LWD becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Executive Officer, or an authorized representative, may waive the written report on a case-by- case basis if the oral report has been received within 24 hours. The following occurrence(s) must be reported to the Executive Officer within 24 hours: a. Any bypass from any portion of the treatment facility that will result in noncompliance with any of the terms and conditions of this Order. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility to other than a sewer system. b. Any discharge of non-disinfected effluent or untreated wastewater that may endanger public health, or is greater than 1,000 gallons, or reaches surface waters. c. Any treatment plant upset which causes the effluent limitations of this Order to be exceeded including, but not limited to, the following: (1) Failure of chlorination equipment (2) Effluent total coliform bacteria greater than 240 MPN/100 ml (3) Turbidity greater than 10 NTU if distributed to any recycled water user (4) CT less than 450 mg-min/L if distributed to any recycled water user These incidents shall also be reported orally to the State DHS and County DEH with in 24-hours of the incident. 15 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 7. PLANT OVERLFOW EVENTS The discharger shall report all overflow events that occur at the FRGWRP. For purposes of this reporting requirement, an overflow event is defined as a discharge of treated or untreated wastewater not authorized by waste discharge requirements and/or a NPDES permit which results from a pump station failure, line break, obstruction, surcharge, or any other operational dysfunction. This reporting requirement applies to all overflow events other than: 1) events required to be reported under Standard Provision 6 above, and 2) those events subject to regulation under this Regional Board’s Order No. 96-04, General Waste Discharge Requirements Prohibiting Sanitary Sewer Overflows by Sewage Collection Agencies. Overflows identified under this provision shall be reported to the Regional Board with the quarterly monitoring report for the period in which the overflow occurs. 8. UNAUTHORIZED DISCHARGES OF RECYCLED WATER Any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water that has been treated to at least disinfected tertiary 2.2 recycled water or 1,000 gallons or more of recycled water that is treated at a level less than disinfected tertiary 2.2 recycled water in or on any waters of the state, or causes or permits such unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify this Regional Board in accordance with reporting requirements in Standard Provision F.6. 9. PRIOR NOTICE OF BYPASS If a need for a discharge bypass is known in advance, the LWD shall submit prior notice (stating, at a minimum, the purpose, anticipated dates, duration, level of treatment, and volume of bypass) and, if at all possible, shall submit such notice at least 10 days prior to the date of the bypass. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility to other than a sewer system. 16 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 10. CORRECTIVE ACTION The LWD shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncompliance. 11. TREATMENT FAILURE In an enforcement action, it shall not be a defense for the LWD that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the LWD shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies for example, when the primary source of power of the treatment facility is failed, reduced, or lost. 12. HAZARDOUS RELEASES Except for a discharge which is in compliance with these master reclamation permit requirements, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, shall as soon as (a) that person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Director of County DEH in accordance with California Health and Safety Code Section 5411.5 and the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.7) of Chapter 7 of Division 1 of Title 2 of the Government Code, and immediately notify the State Board or the appropriate Regional Board of the discharge. This provision does not require reporting of any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of Section 13271 of the Water Code unless the LWD is in violation of a prohibition in the applicable Water Quality Control Plan. 17 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 13. PETROLEUM RELEASES Except for a discharge which is in compliance with these master reclamation permit requirements, any person who without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) such person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code. This requirement does not require reporting of any discharge of less than 42 gallons unless the discharge is also required to be reported pursuant to Section 311 of the Clean Water Act or the discharge is in violation of a prohibition in the applicable Water Quality Control Plan. 14. PERMIT REPOSITORY A copy of this Order shall be maintained at the LWD's facility and shall be available to operating personnel at all times. 15. RETENTION OF RECORDS The LWD shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer. 16. GENERAL REPORTING REQUIREMENT The LWD shall furnish to the Executive Officer of this Regional Board, within a reasonable time, any information which the Executive Officer may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The LWD shall also furnish to the Executive Officer, upon request, copies of records required to be kept by this Order. 18 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 17. PERMIT REVISION This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order. b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts. c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. The filing of a request by the LWD for the modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order. 18. CHANGE IN DISCHARGE The LWD shall file a new Report of Waste Discharge at least 120 days prior to the following: a. Significant change in the treatment or disposal method (e.g., change in the method of treatment which would significantly alter the nature of the waste.) b. Change in the disposal area from that described in the findings of this Order. c. Increase in flow beyond that specified in this Order. d. Other circumstances that result in a material change in character, amount, or location of the waste discharge. e. Any planned change in the regulated facility or activity which may result in noncompliance with this Order. 19. CHANGE IN OWNERSHIP This Order is not transferable to any person except after notice to the Executive Officer. The LWD 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 discharger containing a specific date for the transfer of this Order's responsibility and coverage between the LWD and the new discharger. This agreement shall include an acknowledgement that the LWD is liable for violations up to the transfer date and that the new discharger is liable from the transfer date on. The 19 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements Regional Board may require modification or revocation and reissuance of this Order to change the name of the discharger and incorporate such other requirements as may be necessary under the California Water Code. 20. INCOMPLETE REPORTS Where the LWD becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge or submitted incorrect information in a Report of Waste Discharge or in any report to the Regional Board, it shall promptly submit such facts or information. 21. REPORT DECLARATION All applications, reports, or information submitted to the Executive Officer shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows: (1) For a corporation - by a principal executive officer of at least the level of vice-president. (2) For a partnership or sole proprietorship - by a general partner or the proprietor, respectively. (3) For a municipality, state, federal or other public agency - by either a principal executive officer or ranking elected official. b. All other reports required by this Order and other information required by the Executive Officer shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if all of the following are true: (1) The authorization is made in writing by a person described in paragraph (a) of this provision, (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, and (3) The written authorization is submitted to the Executive Officer. 20 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements c. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 22. REGIONAL BOARD ADDRESS The LWD shall submit reports required under this Order or other information required by the Executive Officer to the following address: POTW Compliance Unit California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, California 92123 G. SPECIAL PROVISIONS 1. Within 180 days from the adoption of this Order, the LWD shall submit a supplement to the Engineering Report for the FRGWRP, in accordance with guidelines established under Title 22 CCR, Articles 7 through 10, to the RWQCB and the DHS. This report shall include the results of: a. An alarm simulation shut down test to ensure that the FRGWRP is properly operating. b. The modal contact time of the chlorination chamber, as defined under Title 22, Division 4, Chapter 3, Section 60301.600, from a tracer study conducted to ensure that the effluent meets the requirements of Title 22. 21 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements H. NOTIFICATIONS 1. VESTED RIGHTS 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 LWD from liability under federal, state or local laws, nor create a vested right for the LWD to continue the waste discharge. 2. U.S. EPA REVIEW These requirements have not been officially reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean Water Act. 3. SEVERABILITY 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. 4. PREVIOUS ORDER The requirements prescribed in this Order supersede the requirements prescribed in Order No. 93-41. 5. EFFECTIVE DATE This Order becomes effective on the date of adoption by the San Diego RWQCB. 22 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements ATTACHMENT NO. 1 1994 WATER QUALITY CONTROL PLAN FOR THE SAN DIEGO BASIN (BASIN PLAN) WASTE DISCHARGE PROHIBITIONS California Water Code Section 13243 provides that a Regional Board, in a water quality control plan, may specify certain conditions or areas where the discharge of waste, or certain types of waste is not permitted. The following discharge prohibitions are applicable to any person as defined by Section 13050(c) of the California Water Code and to any person who is a citizen, domiciliary, or political agency or entity of California whose activities in California could affect the quality of waters of the state within the boundaries of the San Diego Region. 1. The discharge of waste to waters of the state in a manner causing, or threatening to cause a condition of pollution, contamination or nuisance as defined in California Water Code Section 13050, is prohibited. 2. The discharge of waste to land, except as authorized by waste discharge requirements or the terms described in California Water Code Section 13264, is prohibited. 3. The discharge of pollutants or dredged or fill material to waters of the United States except as authorized by an NPDES permit or a dredged or fill material permit (subject to the exemption described in California Water Code §13376) is prohibited 4. The discharge of treated or untreated waste to lakes or reservoirs used for municipal water supply, or to inland surface water tributaries thereto, is prohibited. 5. The discharge of waste to inland surface waters, except in cases where the quality of the discharge complies with applicable receiving water quality objectives, is prohibited. Allowances for dilution may be made at the discretion of the Regional Board. Consideration would include streamflow data, the degree of treatment provided and safety measures to ensure reliability of facility performance. As an example, discharge of secondary effluent would probably be permitted if streamflow provided 100:1 dilution capability. 6. The discharge of waste in a manner causing flow, ponding, or surfacing on lands not owned or under the control of the discharger is prohibited, unless the discharge is authorized by the Regional Board. 7. The dumping, deposition, or discharge of waste directly into waters of the state, or adjacent to such waters in any manner which may permit its being transported into the waters, is prohibited unless authorized by the Regional Board. 8. Any discharge to a storm water conveyance system that is not composed entirely of storm water is prohibited unless authorized by the Regional Board. (The 24 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements federal regulations, 40CFR 122.26(b)(13), define storm water as storm water runoff, snow melt runoff, and surface runoff and drainage. 40CFR 122.26(b)(2) defines an illicit discharge as any discharge to a storm water conveyance system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharge resulting from fire fighting activities.) (§122.26 amended at 56 FR 56553, November 5, 1991 57 FR 11412, April 2, 1992). 9. The unauthorized discharge of treated or untreated sewage to waters of the state or to a storm water conveyance system is prohibited. 10. The discharge of industrial wastes to conventional septic tank/subsurface disposal systems, except as authorized by the terms described in California Water Code Section 13264, is prohibited. 11. The discharge of radioactive waste amenable to alternative methods of disposal into the waters of the state is prohibited. 12. The discharge of any radiological, chemical, or biological warfare agent into waters of the state is prohibited. 13. The discharge of waste into a natural or excavated site below historic water levels is prohibited unless the discharge is authorized by the Regional Board. 14. The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such waters is prohibited. 15. The discharge of treated or untreated sewage from vessels to Mission Bay, Oceanside Harbor, Dana Point Harbor, or other small boat harbors is prohibited. 16. The discharge of untreated sewage from vessels to San Diego Bay is prohibited. 17. The discharge of treated sewage from vessels to portion of San Diego Bay that are less than 30 feet deep at mean lower low water (MLLW) is prohibited. 18. The discharge of treated sewage from vessels, which do not have a properly functioning US Coast Guard certified Type I or Type II marine sanitation device, to portions of San Diego Bay that are greater than 30 feet deep a mean lower low water (MLLW) is prohibited. 25 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements ATTACHMENT NO. 2 RULES AND REGULATIONS FOR RECYCLED WATER USE PROJECTS Pursuant to California Water Code (CWC) Section 13523.1(b)(3), this Order requires the Recycled Water Agency to establish and to enforce rules and regulations governing the design, construction and use of recycled water distribution and disposal systems by its customers. The rules and regulations shall be consistent with the following criteria: • Title 22, Division 4, Chapter 3, Wastewater Reclamation Criteria; • Title 17, Division 1, Chapter 5, Group 4, Article 1 & 2, of the California Code of Regulations; • The State Department of Health Services (State DHS) Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water; • Any measures that are deemed necessary for protection of public health, such as the American Water Works Association (AWWA) California/Nevada section, Guidelines for the Distribution of Non-Potable Water and Guidelines for Retrofitting To Recycled Water or alternate measures that are acceptable to the State DHS. At a minimum, the rules and regulations shall notify the users that: 1. The use of recycled water shall not cause pollution, contamination, or nuisance, as defined by Section 13050 of the California Water Code. 2. The Recycled Water Agency, Regional Board, State DHS, County DEH or an authorized representative of these parties, upon presentation of proper credentials, shall have the right to enter upon the recycled water use site during reasonable hours, to verify that the user is complying with the Recycled Water Agency's rules and regulations. 3. The recycled water user shall provide written notification, in a timely manner, to the Recycled Water Agency of any material change or proposed change in the character of the use of recycled water. 4. Prior to the initiation of recycled water service, the recycled water user shall submit plans and specifications for recycled water distribution facilities to the Recycled Water Agency. 5. The recycled water user shall designate a recycled water supervisor who is responsible for the recycled water system at each use area under the user's control. Specific responsibilities of the recycled water supervisor include the 26 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements proper installation, operation, and maintenance of the irrigation system; compliance of the project with the Recycled Water Agency's rules and regulations, prevention of potential hazards and preservation of the recycled water distribution system plans in "as built" form. 6. The Recycled Water Agency may terminate service to a recycled water user who uses, transports, or stores such water in violation of the Recycled Water Agency's rules and regulations. 7. The Regional Board may initiate enforcement action against any recycled water user, including but not limited to the termination of the recycled water supply, who: a. Discharges recycled water in violation of any applicable discharge requirement prescribed by the Regional Board or in a manner which creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in the California Water Code Section 13050. b. Uses, transports, or stores such water in violation of the rules and regulations governing the design, construction and use of recycled water distribution and disposal systems issued by the recycled water agency in accordance with this attachment; or in a manner which creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in the California Water Code Section 13050. 8. A copy of the recycled water rules and regulations, irrigation system layout map, and a recycled water system operations manual shall be maintained at the use area. These documents shall be available to operating personnel at all times. 9. Irrigation with disinfected tertiary recycled water shall not take place within 50 feet of any domestic water supply well unless all of the following conditions have been met: a. A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface. b. The well contains an annular seal that extends from the surface into the aquitard. c. The well is housed to prevent any recycled water spray from coming into contact with the wellhead facilities. d. The ground surface immediately around the wellhead is contoured to 27 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements allow surface water to drain away from the well. e. The owner of the well approves of the elimination of the buffer zone requirement. 10. Impoundment of disinfected tertiary recycled water shall not occur within 100 feet of any domestic water supply well. 11. Irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected secondary-23 recycled water shall not take place within 100 feet of any domestic water supply well. 12. 13. 14. 15. 16. 17. Irrigation with, or impoundment of, undisinfected secondary recycled water shall not take place within 150 feet of any domestic water supply well. Recycled water facilities shall be operated in accordance with best management practices (BMP’s) to prevent public contact with, and prevent direct human consumption of reclaimed water. All windblown spray of reclaimed water applied for irrigation onto property not owned or controlled by the discharger or reclaimed water user shall be prevented by the implementation of BMP’s. Facilities that may be used by the public shall be protected to the maximum extent possible by siting and/or structure from contact by irrigation with recycled water spray, mist, or runoff. Protection shall be by design, construction practice or system operation. Any use of recycled water shall comply with the following: a. Any irrigation runoff shall be confined to the recycled water use area. b. Spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas, or food handling facilities. c. Drinking water fountains shall be protected against contact with recycled water spray, mist, or runoff. Irrigation with reclaimed water shall be during periods of minimal human use of the service area. Consideration shall be given to allow an adequate dry- out time before the irrigated area will be used by the public. Spray irrigation with recycled water, other than disinfected tertiary recycled water, shall not take place within 100 feet of the property line of a residence or a place where public exposure could be similar to that of a park, playground, or school yard. 28 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements 18. 19. 20. 21. 22. 23. 24. 25. All use areas where recycled water is used and that are accessible to the public shall be posted with conspicuous signs, in a size no less than 4 inches by 8 inches, that include the following wording and picture in a size no less than 4 inches high by 8 inches wide: "RECYCLED WATER - DO NOT DRINK". See Attachment No. 3 for the acceptable symbol. The sign(s) shall be of a size easily readable by the public. The prescribed wording should also be translated into Spanish and other appropriate languages and included in the required signs. Except as allowed under Section 7604 of Title 17, California Code of Regulations, no physical connection shall be made or allowed to exist between any recycled water system and any separate system conveying potable water. The recycled water piping system shall not include any hose bibs. Quick couplers that are different from that used on the potable water system may be used. The public water supply shall not be used as a backup or supplemental source of water for a recycled water system unless the connection between the two systems is protected by an air gap separation which complies with the requirements of Sections 7602(a) and 7603(a) of Title 17 and the approval of the public water system has been obtained. If a "Swivel-ell" type connection is used it must be used in accordance with the provisions of the Department of Health Services Policy Memo 95-004. Approved backflow prevention devices shall be provided, installed, tested, and maintained by the recycled water user in accordance with the applicable provisions of Title 17, Division 1, Chapter 5, Group 4, Article 2. No person other than the Recycled Water Agency shall deliver recycled water to a facility. Connection to the irrigation system by an individual residence is prohibited. All recycled water piping and appurtenances in new installations and appurtenances in retrofit installations shall be colored purple or distinctively wrapped with purple tape in accordance with Chapter 7.9, Section 4049.54 of the California Health and Safety Code. Customer complaints concerning recycled water use that may involve public illness shall be reported to the County DEH and the State DHS, and to the Recycled Water Agency who shall maintain a log of all customer complaints regarding recycled water. All reclaimed water storage facilities owned and/or operated by the Recycled Water Agency shall be protected against erosion, overland runoff, and other 29 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements impacts resulting from a 100-year frequency storm, 24 hour storm. 26. All reclaimed water storage facilities owned and/or operated by the Recycled Water Agency shall be protected against 100-year frequency peak stream flows as defined by the local flood control agency. 27. Any backflow prevention device installed to protect the public water system shall be inspected and maintained in accordance with Section 7605 of Title 17. 30 Order No. R9-2004-0223 September 8, 2004 Waste Discharge Requirements ATTACHMENT NO. 3 31 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION MONITORING AND REPORTING PROGRAM NO. R9-2004-0223 FOR LEUCADIA WASTEWATER DISTRICT FOREST R. GAFNER WATER RECLAMATION PLANT SAN DIEGO COUNTY A. MONITORING PROVISIONS 1. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this Monitoring and Reporting Program (M&RP) and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water or substance. M onitoring points shall not be changed without notification to and the approval of the Executive Officer. 2. Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than +10 percent from true discharge rates throughout the range of expected discharge volumes. 3. Monitoring must be conducted according to United States Environmental Protection Agency (USEPA) test procedures approved under Title 40, Code of Federal Regulations (CFR), Part 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants Under the Clean Water Act" as amended, unless other test procedures have been specified in this M&RP. 4. All analyses shall be performed in a laboratory certified to perform such analyses by the California Department of Health Services or a laboratory approved by the Executive Officer. 5. Monitoring results must be reported on discharge monitoring report forms approved by the Executive Officer. 6. If the Leucadia Wastewater District (discharger) monitors any pollutants more frequently than required by this M&RP, using test procedures 32 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program approved under 40 CFR, Part 136, or as specified in this M&RP, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharger's monitoring report. The increased frequency of monitoring shall also be reported. 7. The discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation and copies of all reports required by this M&RP, and records of all data used to complete the application for this M&RP. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer. 8. Records of monitoring information shall include the following: 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 techniques or method used, and f. The results of such analyses. 9. All monitoring instruments and devices that are used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary to ensure their continued accuracy. 10. The discharger shall report all instances of noncompliance not reported under Provision F.6 of Order No. R9-2004-0223 at the time monitoring reports are submitted. The reports shall contain the information described in Provision F.6. 11. The monitoring reports shall be signed by an authorized person as required by Provision F.21. 12. A composite sample is defined as a combination of at least eight sample aliquots of at least 100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24-hour period. For volatile pollutants, aliquot must be combined in the laboratory immediately before analysis. The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the stream flow at the time of sampling or the total stream flow since the 33 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program collection of the previous aliquot. Aliquot may be collected manually or automatically. 13. A grab sample is an individual sample of at least 100 milliliters collected at a randomly selected time over a period not exceeding 15 minutes. 14. Sampling and analysis shall, at a minimum, be conducted in accordance with Article 6 of California Code of Regulations, Title 22, Division 4, Chapter 3 (Reclamation Criteria). 15. Any known direct cross-connection between recycled and potable water shall be reported to the Regional Board, State DHS, and County DEH within 24 hours. B. EFFLUENT MONITORING 1. Samples of the effluent discharged from the Forest R. Gafner Water Reclamation Plant (FRGWRP) shall be collected at a point at or nearest to the effluent pump station, downstream of the disinfection process and prior to any dilution. 2. The discharger is responsible for monitoring and reporting in accordance with the following criteria: CONSTITUENT UNIT TYPE OF SAMPLE SAMPLING FREQUENCY REPORTING FREQUENCY Flowrate1 MGD Continuous Continuous Quarterly Turbidity NTU Continuous Continuous2 Quarterly Chlorine Contact Time (CT) mg-min/L Calculated Continuous3 Quarterly Chlorine Residual mg/L Continuous Continous4 Quarterly Total Coliform MPN/100ml Grab Daily5 Quarterly Total Dissolved Solids mg/L Composite Quarterly Quarterly Electroconductivity6 dS/m Composite Quarterly Quarterly pH Unit Grab Quarterly Quarterly Total Nitrogen mg/L Composite Quarterly Quarterly Total Phosphorus mg/L Composite Quarterly Quarterly Chloride mg/L Composite Annually Annually 34 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program CONSTITUENT UNIT TYPE OF SAMPLE SAMPLING FREQUENCY REPORTING FREQUENCY Sulfate mg/L Composite Annually Annually Adjusted Sodium Adsorption Ratio7 --- Composite Annually Annually Iron mg/L Composite Annually Annually Manganese mg/L Composite Annually Annually Methylene Blue Active Substances mg/L Composite Annually Annually Boron mg/L Composite Annually Annually Fluoride mg/L Composite Annually Annually Aluminum mg/L Composite Annually Annually Antimony mg/L Composite Annually Annually Arsenic mg/L Composite Annually Annually Barium mg/L Composite Annually Annually Beryllium mg/L Composite Annually Annually Cadmium mg/L Composite Annually Annually Chromium mg/L Composite Annually Annually Copper mg/L Composite Annually Annually Cyanide mg/L Composite Annually Annually Mercury mg/L Composite Annually Annually Nickel mg/L Composite Annually Annually Selenium mg/L Composite Annually Annually Thallium mg/L Composite Annually Annually Notes: MGD = Million gallons per day MPN/100 ml = Most Probable Number per 100 milliliters mg-min/L = milligrams-minutes per liter mg/L = milligrams per liter NTU = Nephelometric Turbidity Units dS/m = deciseimens per meter 1 Report both the daily average and daily maximum. 2 Effluent turbidity analyses shall be conducted continuously using a continuous monitoring and recording turbidimeter. Compliance with the daily average operating filter effluent turbidity limit of 2 NTU shall be determined by averaging the recorded turbidity levels at a minimum of four-hour intervals over a 24-hour period. Compliance with the turbidity standard of not exceeding 5 NTU more than 5 percent of the time over a 24-hour period shall be determined 35 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program using the levels of recorded turbidity taken at intervals of no more than 1.2 hours over a 24- hour period. Should the continuous turbidity meter and/or recorder fail, grab sampling at a minimum frequency of one sample every 1.2 hours may be substituted until the turbidity meter and/or recorder is fixed. The discharger shall report the daily average effluent turbidity, the daily duration that turbidity exceeds 5 NTU, and the daily maximum turbidity (daily being defined as the 24-hour period from 12 am to 12 am). Continuous turbidity monitoring must also be provided prior to filtration to ensure adequate process control, and automatic actuate coagulant feed when the turbidity of the secondary treated effluent is greater than 10 NTU. 3 Calculated CT (chlorine concentration multiplied by modal contact time) values shall be determined and recorded continuously. The discharger shall report the daily minimum CT value and daily minimum modal contact time. The discharger shall report the date(s), value(s), time, and duration when the CT value falls below 450 mg-min/L, and/or the modal contact time falls below 90 minutes. 4 Chlorine concentrations shall be recorded by a continuous recording meter. The discharger shall report the minimum daily chlorine residual. 5 Samples for total coliform bacteria shall be collected at least daily and at a time when wastewater characteristics are most demanding on the treatment facilities and disinfection procedures. The discharger shall report the results of daily total coliform bacteria monitoring and running 7-day median determination. 6 Samples for electroconductivity shall be monitored concurrently with ASAR. 7 The adjusted sodium adsorption ratio (Adj. SAR) is calculated as follows: Adj. SAR = ()2/MgCa Na x + where Na, Cax, and Mg are in milliequivalent per liter (meq/L). Cax is a modified Ca value calculated using Table 3-2 contained in Irrigation with Reclaimed Municipal Wastewater, A Guidance Manual. 3. The discharger shall review the monitoring results for compliance with Order No. R9-2004-0223 and submit a statement of compliance as part of this Monitoring and Reporting Program. The statement of compliance shall identify and report all violations of effluent limitations or disinfection requirements of Order No. R9-2004-0223. C. SAN MARCOS CREEK 1. The discharger shall monitor San Marcos Creek at the following stations: a. a station located upstream of the La Costa Golf Course; b. a station located downstream of the La Costa Golf Course after the confluence of the north fork of San Marcos Creek; c. a station located where a discharge into or from the La Costa Golf Course reclaimed water storage pond would first contact San Marcos Creek during an overflow or flood event. 36 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program 2. The discharger shall monitor the stations within San Marcos Creek according to the following table: CONSTITUENT UNIT TYPE OF SAMPLE SAMPLING FREQUENCY REPORTING FREQUENCY Flowrate Gallons/Day Estimate1 Quarterly2 Quarterly Total Dissolved Solids mg/L Grab Quarterly2 Quarterly Total Nitrogen mg/L Grab Quarterly2 Quarterly Total Phosphorous mg/L Grab Quarterly2 Quarterly Methylene Blue Active Substances mg/L Grab Quarterly2 Quarterly Total Coliform MPN/100ml Grab Quarterly2 Quarterly Notes: 1. Calculate from estimate of creek cross sectional area and velocity. 2. If there is an overflow or flood event causing water contact between the La Costa Golf Course reclaimed water storage pond and San Marcos Creek the discharger shall begin monitoring on the first day of the overflow or flood event and continue monitoring daily until contact between the reclaimed water storage pond and San Marcos Creek has been terminated. D. FILTRATION PROCESS MONITORING If coagulation is not used as part of the treatment process, the turbidity of the filter influent and effluent shall be continuously measured. If effluent turbidity exceeds 2 NTU based on a 24-hour average, or if the influent turbidity exceeds 5 NTU for more than 15 minutes or 10 NTU at any time, then discharger shall submit a written report of the incident as part of the monthly monitoring report to the Regional Board. The report shall describe the measures taken to automatically activate chemical addition or to divert wastewater. E. SEWAGE SOLIDS AND BIOSOLIDS If solids are disposed of by means other than discharge to the Encina Water Pollution Control Facility, a record of the type, quantity, and manner of disposal and/or reuse of all solids removed in the course of sewage treatment shall be maintained at the FRGWRP and be made available to Regional Board staff upon request. F. RECYCLED WATER USERS SUMMARY REPORT 1. If the LWD is supplying reclaimed water directly to parties other than itself (for onsite use only) or the Carlsbad Municipal Water District (CMWD), the 37 Order No. R9-2004-0223 September 8, 2004 Monitoring and Reporting Program LWD shall submit a quarterly recycled water users summary report containing the following information: a. Total volume of recycled water supplied to all recycled water users for each month of the reporting period, b. Total number of recycled water use sites, c. Address of the recycled water use sites and d. Basin Plan name and number of hydrologic subarea underlying the recycled water use site. 2. If the LWD is supplying reclaimed water directly to parties other than itself (for onsite use only) or the Carlsbad Municipal Water District (CMWD), the LWD shall submit an annual recycled water users compliance report containing the following information: a. Recycled water use site summary report (1) Name of the reclaimed water reuse site (2) Owner of the reclaimed water use facility (3) Address of the reuse site (4) Name of the reclaimed water user supervisor (5) Phone number of the on-site water user supervisor (6) Mailing address of the recycled water use supervisor, if different from site address (7) Volume of reclaimed water delivered to the reuse site on a monthly basis b. Recycled water user site inspections Number of reclaimed water reuse site inspections conducted by discharger/producer staff and identification of sites inspected for the year. c. Recycled water user violations of the LWD's rules and regulations The discharger shall identify all recycled water users known to be in violation of the LWD's rules and regulations for recycled water users. The report shall include a description of the noncompliance and its cause, including the period of noncompliance, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 38 1 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. R9-2007-0018 WASTE DISCHARGE REQUIREMENTS FOR VALLECITOS WATER DISTRICT MEADOWLARK WATER RECLAMATION PLANT SAN DIEGO COUNTY Table of Contents Findings 2 A. Prohibitions 4 B. Discharge Specifications 5 C. Facility Design and Operation Specifications 6 D. Standard Provisions 8 E. Notifications 15 Monitoring and Reporting Program No. R9-2007-0018 17 A. Monitoring Provisions 17 B. Effluent Monitoring 19 C. Filtration Process Monitoring 21 D. Report Schedule 22 Order No. R9-2007-0018 Waste Discharge Requirements 2 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. R9-2007-0018 WASTE DISCHARGE REQUIREMENTS FOR VALLECITOS WATER DISTRICT MEADOWLARK WATER RECLAMATION PLANT SAN DIEGO COUNTY The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board), finds that: 1. The Vallecitos Water District (hereafter Discharger) owns and operates Meadowlark Water Reclamation Plant (MWRP) that discharges up to 2.25 million gallons per day (MGD) of tertiary treated effluent used for irrigation under Order No. R9-1993-0023. 2. On May 6, 2006, the Discharger submitted a complete Report of Waste Discharge (ROWD) prepared by Kennedy/Jenks Consultants proposing to upgrade the MWRP and increase its capacity to 5.0 MGD. 3. When upgraded, the MWRP, which is located at 7941 Corintia Street in Carlsbad, will consist of headworks, primary sedimentation tanks, roughing filters, aeration basins, secondary clarifiers, and new media granular filters and chlorination. The upgraded MWRP will produce disinfected tertiary effluent in compliance with Title 22 of the California Code of Regulations. This recycled water will be delivered to Carlsbad and Olivenhain Water Districts for purveyance of recycled water under each District’s master reclamation permits. 4. The Discharger maintains an existing pipeline to the Encina Water Pollution Control Facility (EWPCF) ocean outfall. During wet weather or periods of low irrigation, the MWRP can discharge up to 5.0 MGD of secondary treated wastewater to the ocean outfall under the requirements of Order No. R9-2005-0219, NPDES Permit No. CA0107395. The Discharger also sends all solids produced by MWRP, to the EWPCF via a land outfall for treatment and disposal. 5. In accordance with Section 2200, Title 23 of the California Code of Regulation, the threat to water quality and complexity of the treated wastewater effluent from MWRP is determined as category 2B. 6. The Discharger reported that the upgraded MWRP will produce a tertiary effluent with the following characteristics: Order No. R9-2007-0018 Waste Discharge Requirements 3 7. The Discharger will produce recycled water for distribution by Carlsbad and Olivenhain Water Districts at use sites within the El Salto Hydrologic Subarea (HSA) (4.21), Los Monos HSA (4.31), Batiquitos HAS (4.51), Richland HSA (4.52), San Elijo HSA (4.61), and Encinas Hydrologic Area (4.40). 8. This Regional Board, acting in accordance with section 13244 of the California Water Code, adopted the Water Quality Control Plan for the San Diego Basin (9), (hereinafter Basin Plan) on September 8, 1994. The Basin Plan was subsequently approved by the State Water Resources Control Board (SWRCB) on December 13, 1994. Subsequent revisions to the Basin Plan have also been adopted by the Board and approved by the SWRCB. The Basin Plan contains beneficial uses and water quality objectives. 9. A discharge in compliance with this Order will be consistent with the standards, policies, and regulations established in the Basin Plan for the achievement of water quality objectives. 10. In establishing the requirements contained herein the Regional Board considered factors including, but not limited to, the following: a. Beneficial uses to be protected and the water quality objectives reasonably required for that purpose, b. Other waste discharges, c. The need to prevent nuisance, d. Past, present, and probable future beneficial uses of the hydrologic subunits under consideration, e. Environmental characteristics of the hydrologic subunits under consideration, f. Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area, g. Economic considerations, h. The need for additional housing within the region, and Constituent Units Projected Effluent Water Quality Biochemical Oxygen Demand5 mg/L 30 Total Suspended Solids mg/L 30 Total Dissolved Solids mg/L 1100 Chloride mg/L 260 Manganese mg/L 0.050 Iron mg/L 0.3 Boron mg/L 0.5 Order No. R9-2007-0018 Waste Discharge Requirements 4 i. The need to develop and use recycled water. 11. The proposed project will make use of recycled water consistent with the goals of California Water Code, Division 7, Chapter 7, Water Recycling Law. 12. The Regional Board considered all environmental factors associated with the discharge of recycled water from MWRP. This project involves the permitting of existing sewerage facilities. As such, this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as provided by Section 15301, and in compliance with Section 15300.2, of California Code of Regulations Title 14. 13. The Regional Board has notified the Discharger all known interested parties of its intent to adopt waste discharge requirements for production of recycled water by MWRP. 14. In accordance with the Memorandum Of Agreement Between The Department Of Health Services And The State Water Resources Control Board On Use Of Reclaimed Water, this Order incorporates any conditions of approval submitted as part of the State Department of Health Services’ recommendations into water recycling requirements proposed for adoption by this Regional Board. 15. The Regional Board in a public meeting, heard and considered all comments pertaining to the discharge of recycled water from MWRP. IT IS HEREBY ORDERED THAT the Vallecitos Water District (hereafter Discharger) in order to meet the provisions contained in Division 7 of the California Water Code and Regulations adopted thereunder, shall comply with the following requirements, which supersede the requirements prescribed by Order No. R9-1993-0023, for the discharge and purveyance of disinfected tertiary effluent for recycled water from MWRP: A. PROHIBITIONS 1. Discharge of wastes in a manner other than as described in the findings of this Order is prohibited unless the Discharger obtains revised waste discharge requirements that provide for the proposed change. 2. Discharges of treated or untreated solid or liquid waste to a navigable water or tributary of a navigable water are prohibited unless as authorized by an NPDES permit issued by this Regional Board. 3. Neither the treatment, storage nor disposal of waste shall create a pollution, contamination or nuisance, as defined by Section 13050 of the California Water Code. 4. The discharge of treated wastewater shall not cause a violation of the prohibitions contained in the Basin Plan, incorporated herein by reference. Order No. R9-2007-0018 Waste Discharge Requirements 5 B. DISCHARGE SPECIFICATIONS 1. The discharge of treated effluent from the MWRP containing pollutants in excess of the following effluent limitations: CONSTITUENT Units MONTHLY AVERAGE1 DAILY MAXIMUM2 Biochemical Oxygen Demand (CBOD5 @ 20°C) mg/L 30 45 Total Suspended Solids mg/L 30 45 pH (within limits shown at all times) pH units 6.0 - 8.5 1 The monthly average effluent limitation shall apply to the arithmetic mean of the results of all samples collected during each calendar month. 2 The daily maximum effluent limitation shall apply to the results of a single composite or grab sample representing a 24-hour period. 2. The discharge of treated effluent from the MWRP and to the recycled water use areas containing pollutants in excess of the following effluent limitations is prohibited: CONSTITUENT Units 12-MONTH AVERAGE1 DAILY MAXIMUM2 Total Dissolved Solids (TDS) mg/L 1100 1500 Chloride (Cl) mg/L 400 500 Manganese (Mn) mg/L 0.05 0.06 Iron mg/L 0.3 0.4 Boron (B) mg/L 0.5 0.6 1 The 12-month average effluent limitation shall apply to the arithmetic mean of the results of all samples collected during the current calendar month and the preceding 11 calendar months. 2 The daily maximum effluent limitation shall apply to the results of a single composite or grab sample representing a 24-hour period. 3. The median concentration of total coliform bacteria measured in the disinfected tertiary recycled water from MWRP shall not exceed a Most Probable Number Order No. R9-2007-0018 Waste Discharge Requirements 6 (MPN) of 2.2 per 100 mL, utilizing the bacteriological results of the last seven days for which analyses have been completed; and the number of total coliform bacteria shall not exceed an MPN of 23 per 100 mL in more than one sample in any 30-day period. No sample shall exceed a MPN of 240 total coliform bacteria per 100 mL. 4. The turbidity of the disinfected tertiary recycled water from MWRP shall not exceed a daily average value of 2 NTU (nephelometric turbidity units), shall not exceed 5 NTU more than 5% of the time during a 24-hour period based on the total number of recorded measurements, and shall not exceed 10 NTU at any time. 5. The average daily effluent flow rate for the existing MWRP shall not exceed 2.25 MGD. After the Discharger receives authorization to discharge pursuant to Section C.2 of this Order, the average daily effluent flow rate from the new MWRP shall not exceed 5.0 MGD. C. FACILITY DESIGN AND OPERATION SPECIFICATIONS 1. PROPER OPERATION The Discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with conditions of this Order. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Order. 2. CERTIFICATION REPORT The Discharger shall submit a report certifying that the treatment and disposal facilities have been constructed as designed and will meet the Discharge Specifications in Section B for the new full design flow of 5.0 MGD for tertiary treatment with disinfection. The design engineer shall affix their signature and engineering license number to the certification report. Prior to exceeding the existing average daily effluent flow rate of 2.25 MGD, the following requirements shall be met: a. The certification report is received by the Regional Board, b. The Regional Board has been notified of the completion of facilities by the Discharger, Order No. R9-2007-0018 Waste Discharge Requirements 7 c. An Inspection of the facilities has been made by the Regional Board, d. The Regional Board notifies the Discharger that the new discharge can be initiated. 3. CONSTRUCTION PROGRESS REPORTS The Discharger shall notify the Regional Board when each new treatment, storage, and disposal component has been completed and certify that the new component has been constructed as designed. 4. ENGINEERING REPORT The Discharger shall meet the design, operational, and reliability requirements of Articles 7, 8, 9 and 10 of the California Code of Regulations, Title 22, Division 4, Chapter 3. The Discharger shall prepare an engineering report conforming to the California Code of Regulations, Title 22, Engineering Report Guidelines, Sections 3 and 4. The engineering report shall be submitted to the State DHS, County DEH, and the Regional Board. 5. COAGULATION ALTERNATIVE Coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is capability to automatically activate chemical addition or divert wastewater should the turbidity of the influent to the filters exceed 5 NTU for more than 15 minutes. 6. DISINFECTION PROCESS The chlorine disinfection process chlorine of recycled water shall comply with all requirements of California Code of Regulations, Title 22, Division 4 and provide a CT (chlorine concentration times modal contact time) value of not less than 450 mg-min/liter at all times with a modal chlorine contact time of at least 90 minutes based on peak dry weather design flow. 7. OPERATION MANUAL A copy of the facility operations manual shall be maintained at the Discharger’s facility and shall be available to operation personnel and Regional Board staff at all times. The following portions of the operations manual shall be posted at the treatment plant as a quick reference for treatment plant operators: Order No. R9-2007-0018 Waste Discharge Requirements 8 a. Alarm set points for secondary turbidity, tertiary turbidity, and chlorine residual. b. Levels at which flow will be diverted for secondary turbidity, tertiary turbidity, and chlorine residual. c. When to divert flow for high daily and weekly median total coliform. d. When the authorities (State DHS, County DEH, Regional Board) will be notified of a diversion. e. Names and numbers of those authorities to be notified in case of a diversion. f. Frequency of calibration for turbidimeters and chlorine residual analyzers. 8. OPERATORS CERTIFICATION The Discharger’s wastewater treatment facilities shall be supervised and operated by persons possessing certificates of appropriate grade pursuant to Chapter 3, Subchapter 14, Title 23 of the California Code of Regulations. 9. FLOOD PROTECTION All waste treatment, storage and purveyance facilities shall be protected against 100-year peak stream flows as defined by the San Diego County flood control agency. 10. RUNOFF PROTECTION All wastewater and recycled water storage facilities shall be protected against erosion, overland runoff, and other impacts resulting from a 100-year, 24-hour frequency storm. 11. MONITORING AND REPORTING The Discharger shall comply with the attached Monitoring and Reporting Program No. R9-2007-0018 and future revisions thereto as specified by the Regional Board. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. R9-2007-0018. D. STANDARD PROVISIONS 1. ENFORCEMENT The Regional Board may initiate enforcement action against the recycled water agency, which may result in the termination of the recycled water supply, if any person uses, transports, or stores such water in a manner Order No. R9-2007-0018 Waste Discharge Requirements 9 which creates, or threatens to create conditions of pollution, contamination, or nuisance, as defined in Water Code section 13050. 2. DUTY TO COMPLY The Discharger 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 (a) enforcement action; (b) termination, revocation and reissuance, or modification of this Order; or (c) denial of a report of waste discharge in application for new or revised master reclamation permit requirements. 3. ENTRY AND INSPECTION The Discharger shall allow the Regional Board, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to do the following: a. Enter upon the Discharger’s premises where a regulated facility or activity is located or conducted or where records must be 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, 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. 4. CIVIL MONETARY REMEDIES The California Water Code provides that any person who intentionally or negligently violates any master reclamation permit requirements issued, reissued, or amended by this Regional Board shall be liable civilly in accordance with California Water Code section 13350 (d), (e), or (f). 5. PENALTIES FOR INVESTIGATION, MONITORING OR INSPECTION VIOLATIONS The California Water Code provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or falsifying any information provided in the monitoring reports is guilty of a Order No. R9-2007-0018 Waste Discharge Requirements 10 misdemeanor and is subject to a civil liability in accordance with CWC Section 13268. 6. ENDANGERMENT OF HEALTH AND ENVIRONMENT The Discharger shall report any noncompliance that may endanger health or the environment. Any such information shall be provided orally to the Regional Board within 24 hours from the time the Discharger becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the Discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Regional Board, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. The following occurrence(s) must be reported to the Regional Board within 24 hours: a. Any bypass from any portion of the treatment facility. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility to other than a sewer system. b. Any discharge of non-disinfected effluent or untreated wastewater resulting from sewer line breaks, obstruction, surcharge, or any other circumstances. c. Any treatment plant upset which causes the effluent limitations of this Order to be exceeded including, but not limited to, the following: (1) Failure of chlorination equipment (2) Effluent total coliform bacteria greater than 240 MPN/100 ml (3) Turbidity greater than 10 NTU if distributed to any recycled water user (4) CT less than 450 mg-min/L if distributed to any recycled water user These incidents shall also be reported orally to the State DHS and County DEH within 24-hours of the incident. 7. PLANT OVERLFOW EVENTS The Discharger shall report all overflow events that occur at MWRP. For purposes of this reporting requirement, an overflow event is defined as a Order No. R9-2007-0018 Waste Discharge Requirements 11 discharge of treated or untreated wastewater at a location onsite not authorized by waste discharge requirements and/or NPDES permit which results from a pump station failure, line break, obstruction, surcharge, or any other operational dysfunction. This reporting requirement applies to all overflow events other than those events subject to regulation under this Regional Board’s Order No. R9-2007-00015, Waste Discharge Requirements for Sanitary Sewer Agencies in the San Diego Region. Overflows of the kind identified under this provision shall be reported to the Regional Board with the monthly monitoring report in which the overflow occurs. 8. UNAUTHORIZED DISCHARGES OF RECYCLED WATER Pursuant to CWC Section 13529.2, any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water that has been treated to at least disinfected tertiary 2.2 recycled water or 1,000 gallons or more of recycled water that is treated at a level less than disinfected tertiary 2.2 recycled water in or on any waters of the state, or causes or permits such unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify this Regional Board in accordance with reporting requirements in Standard Provision F.6. 9. PRIOR NOTICE OF BYPASS If a need for a discharge bypass is known in advance, the Discharger shall submit prior notice (stating, at a minimum, the purpose, anticipated dates, duration, level of treatment, and volume of bypass) and, if at all possible, such notice shall be submitted at least 10 days prior to the date of the bypass. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility to other than a sewer system. 10. CORRECTIVE ACTION The Discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncompliance. 11. TREATMENT FAILURE In an enforcement action, it shall not be a defense for the Discharger that it would have been necessary to halt or reduce the permitted activity in order to Order No. R9-2007-0018 Waste Discharge Requirements 12 maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the Discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies for example, when the primary source of power of the treatment facility is failed, reduced, or lost. 12. HAZARDOUS RELEASES Except for a discharge which is in compliance with these master reclamation permit requirements, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, shall as soon as (a) that person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Director of Environmental Health Services, County of San Diego in accordance with California Health and Safety Code section 5411.5 and the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with section 8574.7) of Chapter 7 of Division 1 of Title 2 of the Government Code, and immediately notify the State Board or the appropriate Regional Board of the discharge. This provision does not require reporting of any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of section 13271 of the Water Code unless the Discharger is in violation of a prohibition in the applicable Water Quality Control Plan. 13. PETROLEUM RELEASES Except for a discharge which is in compliance with these master reclamation permit requirements, any person who without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) such person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Article 3.5 (commencing with section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code. This requirement does not require reporting of any discharge of less than 42 gallons unless the discharge is also required to be reported pursuant to Section 311 of the Clean Water Act or the discharge is in violation of a prohibition in the applicable Water Quality Control Plan. Order No. R9-2007-0018 Waste Discharge Requirements 13 14. PERMIT REPOSITORY A copy of this Order shall be maintained at the Discharger’s facility and shall be available to operating personnel at all times. 15. RETENTION OF RECORDS The Discharger shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board. 16. GENERAL REPORTING REQUIREMENT The Discharger shall furnish to the Regional Board, within a reasonable time, any information which the Regional Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The Discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this Order. 17. PERMIT REVISION This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order. b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts. c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. The filing of a request by the Discharger for the modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order. 18. CHANGE IN DISCHARGE The Discharger shall file a new Report of Waste Discharge at least 120 days prior to the following: Order No. R9-2007-0018 Waste Discharge Requirements 14 a. Addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the wastes. b. Significant change in the treatment or disposal method (e.g., change in the method of treatment which would significantly alter the nature of the waste). c. Change in the disposal area from that described in the findings of this Order. d. Increase in flow beyond that specified in this Order. e. Other circumstances that result in a material change in character, amount, or location of the waste discharge. f. Any planned change in the regulated facility or activity which may result in noncompliance with this Order. 19. CHANGE IN OWNERSHIP This Order is not transferable to any person except after notice to the Regional Board. The Discharger 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 owner containing a specific date for the transfer of this Order's responsibility and coverage between the current Discharger and the new owner. This agreement shall include an acknowledgement that the existing Discharger is liable for violations up to the transfer date and that the new Discharger is liable from the transfer date on. The Regional Board may require modification or revocation and reissuance of this Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the California Water Code. 20. INCOMPLETE REPORTS Where the Discharger becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge or submitted incorrect information in a Report of Waste Discharge or in any report to the Regional Board, it shall promptly submit such facts or information. 21. REPORT DECLARATION All applications, reports, or information submitted to the Regional Board shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows by either a principal Executive Officer or ranking elected official. Order No. R9-2007-0018 Waste Discharge Requirements 15 b. All other reports required by this Order and other information required by the Regional Board shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if all of the following are true: (1) The authorization is made in writing by a person described in paragraph (a) of this provision, (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, and (3) The written authorization is submitted to the Regional Board. c. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 22. REGIONAL BOARD ADDRESS The Discharger shall submit reports required under this Order or other information required by the Regional Board to the following address: Northern Core Regulatory Unit California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, California 92123 E. NOTIFICATIONS 1. VESTED RIGHTS 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 Discharger from liability under federal, state or local laws, nor create a vested right for the Discharger to continue the waste discharge. 17 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION MONITORING AND REPORTING PROGRAM FOR ORDER NO. R9-2007-0018 FOR VALLECITOS WATER DISTRICT MEADOWLARK WATER RECLAMATION PLANT SAN DIEGO COUNTY A. MONITORING PROVISIONS 1. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this Order and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Regional Board. 2. Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than ±5 percent from true discharge rates throughout the range of expected discharge volumes. Guidance in selection, installation, calibration and operation of acceptable flow measurement devices can be obtained from the following references: (a) "A Guide to Methods and Standards for the Measurement of Water Flow," U. S. Department of Commerce, National Bureau of Standards, NBS Special Publication 421, May 1975, 97 pp. (Available from the U. S. Government Printing Office, Washington, D. C. 20402. Order by SD Catalog No. C13.10:421.) (b) “Water Measurement Manual," U. S. Department of Interior, Bureau of Reclamation, Second Edition, Revised Reprint, 1974, 327 pp. (Available from the U. S. Government Printing Office, Washington D. C. 20402. Order by Catalog No. 127,19/2:W29/2, Stock No. SIN 24003-0027.) (c) "Flow Measurement in Open Channels and Closed Conduits," U. S. Department of Commerce, National Bureau of Standards, NBS Special Publication 484, October 1977, 982 pp. (Available in paper copy or microfiche from National Technical Information Service (NTIS) Springfield, VA 22151. Order by NTIS No. PB-273-535/5ST.) (d) "NPDES Compliance Sampling Manual," U. S. Environmental Protection Agency, Office of Water Enforcement. Publication MCD-51, 1977, 140 pp. Order No. R9-2007-018 Monitoring and Reporting Program 18 (Available from the General Services Administration (8FFS), Centralized Mailing Lists Services, Building 41, Denver Federal Center, Denver, CO 80225. 3. Monitoring must be conducted according to United States Environmental Protection Agency test procedures approved under Title 40, Code of Federal Regulations (CFR), Part 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants Under the Clean Water Act" as amended, unless other test procedures have been specified in this Order. 4. All analyses shall be performed in a laboratory certified to perform such analyses by the California Department of Health Services or a laboratory approved by the Regional Board. 5. Monitoring results must be reported on discharge monitoring report forms approved by the Regional Board. 6. If the Discharger monitors any pollutants more frequently than required by this order, using test procedures approved under 40 CFR, Part 136, or as specified in this Order, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharger’s monitoring report. The increased frequency of monitoring shall also be reported. 7. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings, where used, for continuous monitoring instrumentation, copies of all reports required by this order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board. 8. Records of monitoring information shall include: (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 techniques or method used; and (f) The results of such analyses. 9. All monitoring instruments and devices which are used by the Discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary to ensure their continued accuracy. 10. The Discharger shall report all instances of noncompliance not reported under Reporting Requirement E.7 of this Order at the time monitoring reports are submitted. The reports shall contain the information listed in Reporting Requirement E.7. 11. The monitoring reports shall be signed by an authorized person as required by Reporting Requirement F.21. Order No. R9-2007-018 Monitoring and Reporting Program 19 12. A composite sample is defined as a combination of at least eight sample aliquots of at least 100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24 hour period. For volatile pollutants, aliquots must be combined in the laboratory immediately before analysis. The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the stream flow at the time of sampling or the total stream flow since the collection of the previous aliquot. Aliquots may be collected manually or automatically. 13. A grab sample is an individual sample of at least 100 milliliters collected at a randomly selected time over a period not exceeding 15 minutes. 14. Sampling and analysis shall, as a minimum, be conducted in accordance with Article 6 of California Code of Regulations, Title 22, Division 4, Chapter 3 (Water Recycling Criteria). B. EFFLUENT MONITORING 1. Samples of the effluent discharged from MWRP shall be collected at a point downstream of the disinfection process, and prior to any dilution. 2. The Discharger shall determine the volume of recycled water delivered to Carlsbad and Olivenhain Water Districts each calendar month in units of million gallons and report this volume monthly. 3. The Discharger is responsible for monitoring and reporting in accordance with the following criteria: CONSTITUENT/ PARAMETER UNIT TYPE OF SAMPLE SAMPLING FREQUENCY1,2 REPORTING FREQUENCY Flowrate GPD Continuous Continuous Monthly Turbidity NTU Continuous * Monthly Chlorine Contact Time (CT) 3 mg-min/L Calculated ** Monthly Total Chlorine Residual3 mg/L Continuous *** Monthly Total Coliform MPN/100ml Grab **** Monthly Biochemical Oxygen Demand (CBOD5 @ 20°C) mg/L Composite 3 Times Per Week Monthly Total Suspended Solids mg/L Composite 3 Times Per Week Monthly pH Unit Grab 3 Times Per Week Monthly Total Dissolved Solids mg/L Composite Monthly Monthly Chloride mg/L Composite Monthly Monthly Order No. R9-2007-018 Monitoring and Reporting Program 20 CONSTITUENT/ PARAMETER UNIT TYPE OF SAMPLE SAMPLING FREQUENCY1,2 REPORTING FREQUENCY Iron (Fe) mg/L Composite Monthly Monthly Manganese (Mn) mg/L Composite Monthly Monthly Boron (B) mg/L Composite Monthly Monthly Aluminum mg/L Composite Once Every 5 Years Once Every 5 Years Arsenic mg/L Composite Once Every 5 Years Once Every 5 Years Antimony mg/L Composite Once Every 5 Years Once Every 5 Years Barium mg/L Composite Once Every 5 Years Once Every 5 Years Beryllium mg/L Composite Once Every 5 Years Once Every 5 Years Cadmium mg/L Composite Once Every 5 Years Once Every 5 Years Chromium mg/L Composite Once Every 5 Years Once Every 5 Years Copper mg/L Composite Once Every 5 Years Once Every 5 Years Cyanide mg/L Composite Once Every 5 Years Once Every 5 Years Mercury mg/L Composite Once Every 5 Years Once Every 5 Years Nickel mg/L Composite Once Every 5 Years Once Every 5 Years Selenium mg/L Composite Once Every 5 Years Once Every 5 Years Thallium mg/L Composite Once Every 5 Years Once Every 5 Years Notes: MPN/100 ml = Most Probable Number per 100 milliliters mg/L = milligrams per liter NTU = Nephelometric Turbidity Units dS/m = deciseimens per meter 1 Weekly is defined as a calendar week (Sunday through Saturday). Monthly is defined as a calendar month. Quarterly is defined as a period of three consecutive calendar months beginning on January 1, April 1, July 1, or October 1. Semiannually is defined as a period of six consecutive calendar months beginning on January 1 or July 1. Annually is defined as a calendar year. 2 The Discharger shall increase the sampling frequency from monthly to weekly, from quarterly to monthly, from semiannually to quarterly, and from annually to semiannually for any noted constituent that exceeds the limit specified by Discharge Specification B.2-B.6 of this Order. The increased frequency of monitoring shall continue until the Discharger achieves compliance with the limitations for three consecutive periods. 3 Required if chlorine disinfection process is used. Order No. R9-2007-018 Monitoring and Reporting Program 21 * Effluent turbidity analyses shall be conducted continuously using a continuous monitoring and recording turbidity meter. Compliance with the daily average operating filter effluent turbidity limit of 2 NTU shall be determined by averaging the recorded turbidity levels at a minimum of four-hour intervals over a 24-hour period. Compliance with the turbidity standard of not exceeding 5 NTU more than 5 percent of the time over a 24-hour period shall be determined using the levels of recorded turbidity taken at intervals of no more than 1.2 hours over a 24-hour period. Should the continuous turbidity meter and/or recorder fail, grab sampling at a minimum frequency of one sample every 1.2 hours may be substituted until the turbidity meter and/or recorder is fixed. The Discharger shall report monthly results of four-hour turbidity readings, average effluent turbidity (24-hours), 95 percentile effluent turbidity (24-hours), and the daily maximum turbidity (daily being defined as the 24-hour period from 12 am to 12 am). Continuous turbidity monitoring must also be provided prior to filtration to ensure adequate process control, and automatic actuated coagulant feed when the turbidity of the secondary treated effluent is greater than 10 NTU. ** Calculated CT (chlorine concentration multiplied by modal contact time) values shall be determined and recorded continuously. The daily minimum CT value shall be reported monthly. The Discharger shall report monthly the date(s), value(s), time, and duration when the CT value falls below 450 mg-min/L, and/or the modal contact time falls below 90 minutes. *** Chlorine concentrations shall be recorded by a continuous recording meter. Minimum daily chlorine residual shall be reported monthly. **** Samples for total coliform bacteria shall be collected at least daily and at a time when wastewater characteristics are most demanding on the treatment facilities and disinfection procedures. Results of daily total coliform bacteria monitoring, running 7- day median determination, and maximum daily coliform reading shall be reported monthly. If the maximum number of total coliform bacteria exceeds a MPN of 23 per 100 mL, the Discharger shall certify whether or not the MPN of 23 per 100 mL was exceeded in the previous 30-day period. 4. The Discharger shall review the monitoring results for compliance with Order No. R9-2007-0018 and submit a statement of compliance as part of this Monitoring and Reporting Program. The statement of compliance shall identify and report all violations of effluent limitations contained in Section B - Discharge Specifications of Order No. R9-2007-0018. C. FILTRATION PROCESS MONITORING 1. Turbidity of the filter influent and effluent shall be continuously measured. If effluent turbidity exceeds 2 NTU based on a 24-hour average, or if the influent turbidity exceeds 5 NTU for more than 15 minutes or 10 NTU at any time, then the Discharger shall submit a written report of the incident as part of the monthly monitoring report to the Regional Board. The report shall describe the measures taken to automatically activate chemical addition or to divert wastewater. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 26 27 28 ORDINANCE NO. -..:;4",3,--_ AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA, MANDATING USE OF RECYCLED WATER AND RESCINDING ORDINANCE NO. 31 WHEREAS, the people of the State of California have a primary interest in the development of facilities to reclaim water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state; and (California Water Code Section 13510); and WHEREAS, conservation of all available water resources requires the maximum reuse of wastewater for beneficial uses of water (California Water Code Section 461); and WHEREAS, continued use of potable water for irrigation of greenbelt areas may be an unreasonable use of such water where recycled water is available (California Water Code Section 13550); NOW, THEREFORE, the Board of Directors of the Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, hereby ordains as follows: SECTION 1: FINDINGS The state policies described above are in the best interest of the District. The majority of jurisdictions in San Diego County have adopted measures to promote water reclamation. This ordinance is necessary to protect the comrnon water supply of the region which is vital to public health and safety, and to prevent endangerment of public and private property. San Diego County is highly dependent on limited imported water for dornestic, agricultural, and industrial uses. The reliability of the supply of imported water is uncertain. By developing and utilizing recycied water, the need for additional imported water can be reduced. In light of these circumstances, certain uses of potable water may be considered unreasonable or to constitute a nuisance where recycled water is available or production of recycled water is unduly impaired. Recycled water would be more readily available in seasons of drought when the supply of potable water for nonessential uses may be uncertain . SECTION 2:WATER RECLAMATION POLICY It is the policy of the District that recycled water shall be used within the jurisdiction wherever it has determined that its use is economically justified, financially and technically feasible, and consistent with legal requirements, preservation of public health, safety and welfare, and the environment. III III III SECTION 3: DEFINITIONS 2 The following terms are defined for purposes of this ordinance: 3 3.1 AGRICULTURAL PURPOSES: Agricultural purposes include the growing of field and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 nursery crops, row crops, trees, and vines and the feeding of fowl and livestock. 3.2 ARTIFICIAL LAKES: A human-made lake, pond, lagoon, or other body of water that is used wholly or partly for landscape, scenic or noncontact recreational purposes. 3.3 COMMERCIAL OFFICE BUILDINGS: Any building for office or commercial uses with water requirements which include, but are not limited to, landscape irrigation, toilets, urinals and decorative fountains. 3.4 COVERAGE TEST: The coverage test means a field investigation by a cross-connection control specialist to verify that there is no overspray, misting, ponding, and runoff occurring when the irrigation system is in operation, and that proper color coding and signage is in place for the on-site facilities. 3.5 CROSS-CONNECTION TEST: A cross-connection test means to verify that the potable and recycled water supplies are not connected to each other by shutting down the recycled water supply to the on-site facilities for 24 hours and determining that the on-site facilities do not become pressurized by the potable water supply at any location. The purpose for the test is to demonstrate that at the time of the test there are no discoverable cross-connections between the site's potable and recycled systems. 3.6 . GREENBELT AREAS: A greenbelt area includes, but is not limited to, golf courses, cemeteries, parks and landscaping. 3.7 INDUSTRIAL PROCESS WATER: Water used by any industrial facility with process water requirements which include, but are not limited to, rinsing, washing, cooling and circulation, or construction, including any facility regulated by the Industrial Waste Discharge Ordinance regulated by Chapter 13.16 of the Carlsbad Municipal Code. 3.8 OFF-SITE FACILITIES: Water facilities from the source of supply to the point of 18 connection with the on-site facilities, normally up to and including the water meter. 19 3.9 ON-SITE FACILITIES: Water facilities under the control of the owner, normally 20 21 22 23 24 25 26 27 28 downstream from the water meter. 3.10 POTABLE WATER: Water which confonms to the federal, state and local standards for human consumption. 3.11 RECYCLED WATER: Recycled water means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. (See California Water Code Section 13050(n).) 3.12 RECYCLED WATER DISTRIBUTION SYSTEMS: A piping system intended for the delivery of recycled water separate from and in addition to the potable water distribution system. 3.13 WASTE DISCHARGE: Waste discharge means water deposited, released or discharged into a sewer system from any commercial, industrial or residential source which contains levels of any substance or substances which may cause substantial harm to 'any water treatment or reclamation facility or which may prevent any use of recycled water authorized by law. fff SECTION 4:WATER RECLAMATION MASTER PLAN 2 4.1 GENERAL: Upon adoption of this ordinance, the District shall prepare and adopt by resolution a Water Reclamation Master Plan to define, encourage, and develop the use of 3 recycled water within its boundaries. The Master Plan shall be updated not less often than every five years. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4.2 CONTENTS OF THE WATER RECLAMATION MASTER PLAN: The Water Reclamation Master Plan (Master Plan) will include the following: 4.2.1 PLANTS AND FACILITIES. Evaluation of the location and size of present and future reclamation treatment plants, distribution pipelines, pump stations, reservoirs, and other related facilities, including cost estimates and potential financing methods. 4.2.2 RECYCLED WATER SERVICE AREAS. A deSignation of the lands within the District service area that can or may in the future use recycled water in lieu of potable water. Recycled water uses may include, but are not limited to, the irrigation of greenbelt and agricultural areas, filling of artificial lakes, and appropriate industrial and commercial uses. 4.2.3 QUALITY OF WATER TO BE RECLAIMED. For each water reclamation treatment facility, an evaluation of water quality with respect to the effect on anticipated uses of recycled water to be served by each treatment facility. 4.2.4 WATER QUALITY PROTECTION MEASURES. Recommend control measures and management practices to maintain or improve the quality of recycled water. 4.2.5 MANDATORY RECYCLED WATER USE. Within the recycled water service area, a description shall be prepared of where greenbelt irrigation, agricultural irrigation, commercial office buildings, filling of artificial lakes, or industrial processes can be limited to the use of recycled water. This information shall be used by District officials to mandate construction of recycled water distribution systems or other facilities in new and existing developments for current or future recycled water use as a condition of any development approval or continued water service if future reclamation facilities are proposed in the Master Plan that could adequately serve the development. 4.2.6 RULES AND REGULATIONS FOR RECYCLED WATER USE. Establish by resolution, general rules and regulations governing the use and distribution of recycled water. 4.2.7 COORDINATION AMONG AGENCIES FOR RECYCLED WATER USE. 20 An examination shall be made of the potential for initiating a coordinated effort between the Carlsbad Municipal Water District and other regional agencies to share in the production and 21 utilization of recycled water. 22 SECTION 5: PROCEDURES 23 24 25 26 27 28 5.1 EXISTING POTABLE WATER SERVICE: 5.1.1 PRELIMINARY DETERMINATION. Based upon the Master Plan, and upon the designation of each recycled water service area or the commencement of the design of new recycled water facilities, the District shall make preliminary determinations as to which existing potable water customers shall be converted to the use of recycled water. Each water customer shall be notified of the basis for a determination that conversion to recycled water service will be required, as well as the proposed conditions and of the need for a plan of implementation for such conversion. 5.1.2 NOTICE. The notice of the preliminary determination, including the proposed conditions and time schedule for compliance, shall be sent to the water customer by certified mail. 5.1.3 IMPLEMENTATION. The water customer shall be required to submit a plan of 2 implementation to the Carlsbad Municipal Water District's Executive Manager or his designee within ninety (90) days after receipt of the notice of preliminary determination. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The plan of implementation shall describe in detail how the water customer intends to retrofit his water facilities to use recycled water in accordance with all Federal, State and local laws and public health guidelines. The District shall provide the water customer upon request a copy of its "Rules and Regulations for Recycled Water Use" to be a reference for water customer's in preparing the required plan of implementation for their on-site facilities. All costs for preparation of the plan of implementation are the responsibility of the water customer. Carlsbad Municipal Water District's Executive Manager or his designee shall have the authority to approve the water customer's plan of implementation within thirty (30) days after it is submitted to the District. As an option, the District will prepare the "Plan of Implementation" at the District's cost for the water customer, provided the water customer signs an acknowledgement to install and accept the proposed improvements shown on the District approved Plan of Implementation. Once approved, the plan of implementation must be implemented within six (6) months by the water customer including completion of all coverage and cross connection tests and payment of any plancheck and inspection fees if applicable. All costs for implementation of the improvements on the Plan of Implementation are the responsibility of the water customer. If more than six (6) months is required for the implementation, an appeal may be made for additional time to the Carlsbad Municipal Water District's Board of Directors by submitting such appeal in writing to the Executive Manager of the District. 5.1.4 OBJECTIONS; APPEALS. The water customer may file a notice of objection with the District within thirty (30) days after any notice of determination to comply is delivered or mailed to the customer, and may request reconsideration of the determination or modification of the proposed conditions or schedule for conversion. The objection must be in writing and specify the reasons for the objection. The preliminary determination shall be final if the customer does not file a timely objection. The Executive Manager or his deSignee, shall review the objection with the objector, and shall confirm, modify or abandon the preliminary determination or submit the objection to the District's Board of Directors. The Board, at its sole discretion may confirm, modify or abandon the preliminary determination or establish an alternative program intended to facilitate the orderly development of the recycled water system. 18 5.2 NEW DEVELOPMENT AND WATER SERVICE APPROVALS: 19 20 21 22 23 24 25 26 27 28 5.2.1 CONDITIONS. Upon application by a developer, owner or water customer (herein referred to as "applicant") for a tentative map, subdivision map, land use permit, or other development project as defined by Government Code Section 65928, staff shall review the Master Plan and make a preliminary determination whether the current or proposed use of the subject property is required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and such use may be required as a condition of approval of any such application, in addition to any other conditions of approval. 5.2.2 ALTERATIONS AND REMODELING. On a case by case basis, upon application for a permit for the alteration or remodeling of multi-family, commercial or industrial structures (including, for example, hotels), staff shall review the Master Plan and make a preliminary determination whether the subject property shall be required to be served with recycled water or to include facilities designed to accommodate the use of recycled water in the future. Based upon such determination, use of recycled water and provision of recycled water distribution systems or other facilities for the use of recycled water, and application for a permit for such use, may be required as a condition of approval of the application. 5.2.3 NOTICE OF DETERMINATION. A notice of the basis for the preliminary determination, proposed conditions of approval and schedule for compliance shall be provided to the applicant prior to approval of the development application. 5.2.4 REQUESTED SERVICE. On a case by case basis, to use recycled water on a 2 property not covered by Sections 5.1.1, 5.2.1, or 5.2.2 above, the District shall review the Master Plan and make a determination whether the subject property shall be served with recycled water. 3 Based upon such determination, a written Notice of Determination will be provided to the water customer by the District. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.2.5 PLAN APPROVAl. Plans for the recycled and non-recycled water distribution systems for the parcel shall be reviewed and approved by the District before on-site facilities are constructed. A recycled water number will be assigned by the District and this number shall be placed on the plans for record purposes. 5.2.6 FIELD INSPECTION. Prior to the use of recycled water, the District will perform a coverage test and cross-connection test of the constructed on-site facilities to verify that they are in compliance with the approved Plan and meet all California State Department of Health Services requirements for use of recycled water. Upon approval of the coverage test, the water customer will be required to fill out a Notice of Appointment of Site Supervisor form, and will be provided Rules & Regulations for Recycled Water Use. The water customer's Site Supervisor will also be required to attend the San Diego County Water Authority's training class on use and handling of recycled water, or other approved training class. The coverage test will take place after the recycled water meter is installed. The District and the City of Carlsbad has no required fees for this work but the water customer is responsible for paying San Diego County Department of Environmental Health applicable fees associated with this work. 5.3 TEMPORARY USE OF POTABLE WATER: At the discretion of the Executive Manager or his designee, potable water may be made available on a temporary basis until recycled water is available. Before the applicant receives temporary potable water, the on-site facilities must be constructed in accordance with the Plan of Implementation and field inspected by the staff for new on-site distribution facilities. Prior to commencement of recycled water service, a coverage and cross-connection test of the on-site facilities will be conducted to verify that the facilities have been maintained and are in compliance with the recycled water irrigation system Plan of Implementation and current requirements for service. Upon verification of compliance, recycled water shall be served to the parcel for the intended use. The District shall provide written notice if the facilities are not in compliance, and the applicant shall be notified of the corrective actions necessary and shall have sixty (60) days to take such actions prior to initiation of enforcement proceedings. The water customer will be required to fill out the form described in Section 5.2.6, and the Site Supervisor will be required to attend the San Diego County Water Authority's class on use and handling of recycled water or other approved training class. 5.4 RECYCLED WATER RATE: The rate charged for reclaimed water shall be established by resolution of the Board of Directors. SECTION 6: REGULATION OF BRINE DISCHARGE TO SEWAGE SYSTEMS 6.1 INTENT: The Carlsbad Municipal Water District recognizes that to maintain adequate wastewater quality for water reclamation treatment processes, and to protect public and private property, restrictions may be required on certain industrial, commercial, and residential waste discharges to a sewerage system that is located within a deSignated tributary area of an existing or planned reclamation facility. 6.2 ADOPTED TRIBUTARY PROTECTION MEASURES: Waste discharges to the sewage system from any industrial, commercial, or residential source, may be restricted or prohibited upon a finding, following a noticed public hearing, that the type or class of discharge involved is capable of causing or may cause substantial damage or harm to any sewage treatment or reclamation facility or to any significant user or users or potential user or users of reclaimed water within an area which has been planned for reclaimed water services. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SECTION 7: SANCTIONS 7.1 PUBLIC: Discharge by any person or entity of wastes or the use of recycled water in any manner in violation of this ordinance or of any permit issued hereunder is subject to prosecution for a misdemeanor. 7.2 INJUNCTION: Whenever a discharge of wastes or use of recycled water is in violation or threatens to cause a violation of this ordinance, the District's attorney may seek injunctive relief as may be appropriate to enjoin such discharge or use. 7.3 REVOCATION: In addition to any other statute or rule authorizing termination of water service, the District may revoke the use of recycled water if a violation of any provision of this ordinance is found to exist or if a discharge of wastes or use of recycled water causes or threatens to cause violation of this ordinance. 7.4 PENAL TV: Except as provided in Subsection 7.1, any owner andlor operator who violates this ordinance shall be subject to: A. A fine not exceeding one hundred dollars for the first violation; B. A fine not exceeding two hundred dollars for the second violation within one year; C. A fine not exceeding five hundred dollars for the third violation within one year; D. A fine not exceeding one thousand dollars for the fourth and each additional violation within one year. Each and every day during any portion of which any violation of this ordinance is committed, continued or permitted shall be a separate offense. In addition, potable water service to the property may be discontinued. SECTION 8: VALIDITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 9:The District finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as actions taken to assure the presentation and enhancement of water resources in accordance with CEQA Guidelines Sections 15307 and 15308. The Executive Manager of the District is authorized and directed to file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 10: EFFECTIVE DATE This ordinance shall be effective thirty (30) days after its adoption and the Secretary of the Board 21 of Directors shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its 22 adoption. 23 SECTION 11: (REPEAL) 24 That Ordinance No. 31 of the District, relating to mandating the use of reclaimed water, is hereby 25 repealed in its entirety. 26 III 27 III 28 III III INTRODUCED AND FIRST READ at a regular meeting of said Board of Directors held on 2 the 14th day of JUNE ,2005, and thereafter, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 21st day of JUNE ,2005 by the following vote, to wit AYES: NOES: ABSENT: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose None None APPROVED AS TO FORM AND LEGALITY: ATTEST: ~,~ LORRAJNEM:WOOD:eretary , (SEAL) -----------------------------------------------------------------700 660 Zone PS HGL660 T {,\~./ 600 , M~hr Reservoir ,,=....., PRY I I .......... , .../ 500 Supplemental Potable Water "0" PS Meadowlark PS f--------------',"' ........ , , ........ ~, I 400 w -----------.. _. --~ ~ TEMPORARY PRV HGL264 Encina PS clearwell ~ ~ Z o Meadowlark t= Water Reclamation Facility ~ Capacity=2MGD 300 ~ w ----------------------------200 , Gafner PS To La Costa South Golf Course LEGEND ((p ~ Phase II Sy'stem RESERVOIR, H~W~L. PUMP STATION PRESSURE REDUCING STATION Gainer Water Reclamation Facility Capacity=1MGD NOTE: HGL'S AND PRESSURE ZONES ARE BASED ON LOW WATER LEVELS OF TANKS, 1993 1994 1995 1996 January 11.5 42.9 18.2 33.9 February 8.0 25.4 10.6 12.1 March 15.6 21.7 9.5 16.7 April 54.3 36.0 42.0 89.4 May 112.1 64.1 89.8 152.5 June 136.4 107.9 126.9 223.4 July 140.5 118.5 149.1 198.2 August 120.8 150.7 193.4 203.0 September 151.2 180.2 181.9 158.0 October 114.2 88.6 128.5 130.2 November 52.9 69.3 78.1 29.8 December 30.6 38.7 62.0 109 ITotal 948.1 944.0 1090.0 1258.1 Carlsbad Municipal Water District Historical Seasonal Recycled Water Use 1997 1998 1999 2000 2001 2002 2003 2004 11.2 14.2 68.3 136.3 79.4 48.3 75.4 60.8 34.6 22.3 15.0 56.9 39.9 77.7 82.1 57.4 108.2 50.9 55.3 17.1 11.0 100.7 55.5 670 132.4 90.7 64.7 166.2 162.7 104.4 143.1 168.0 181.7 161.2 143.8 142.2 1835 160.4 146.6 188.7 215.5 228.6 204.1 254.0 177.9 277.8 179.6 246.6 179.2 191.6 190.5 278.6 217.3 200.8 194.5 259.7 171.2 208.3 368.0 248.3 221.7 235.2 192.7 240.8 152.5 158.6 183.9 207.2 229.9 160.9 213.2 229.6 110.3 103.8 187.9 177.5 178.1 194.1 150.7 199.5 24.0 33.2 146.1 91.9 128.3 109.5 95.8 35.0 26.2 68.3 100.7 106.7 51.5 65.3 80.0 68.9 2005 47.5 18.0 28.2 167.7 225.3 213.0 267.8 304.4 217.0 225.0 89.9 162.6 1347.0 1331.7 1728.3 1882.9 168121 173511 1609.21 182201 1966.4 2006 2007 2008 Average 72.5 118.1 67.9 55.90 145.3 72.4 47.2 45.18 41.1 119.5 158.7 47.87 64.8 243.4 3383 115.32 159.7 265.6 382.7 158.48 220.3 344.4 486.4 210.43 289.0 418.0 440.5 219.55 281.3 366.7 560.6 233.77 288.3 397.8 411.8 207.35 216.6 366.1 452.5 171.41 220.7 280.1 319.4 98.97 115.6 69.2 115.5 70.48 2115.2 3061.3 3781.3 1634.70 IAverage 1 79011 78671 90831 104841 112.251 110.981 144031 156911 140.101 144591 134101 151831 163871 176.271 255.111 315.111 136.23 **Reclaimed water use reported in acre feet** Ratio 1 ORDINANCE NO. 45 2 AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA, . TO DEFINE AND ESTABLISH PRICES AND CONDITIONS OF WATER DELIVERY; TO PROVIDE METHOD OF ESTABLISHING AND 5 FIXING RATES AND CHARGES FOR WATER DELIVERED; TO PROVIDE METHOD FOR EXTENSION OF CMWD FACILITIES; 6 REGULATING THE ISSUANCE OF WATER METERS; ESTABLISHING PROCESS AND FEES FOR ENGINEERING 7 SERVICES RELATED TO LAND DEVELOPMENT; DEFINING METERS AND FIRE HYDRANTS, WATER EFFICIENT 8 LANDSCAPING; CROSS CONNECTION CONTROL PROGRAM; ESTABLISHING PROCEDURES FOR WORK IN CMWD RIGHT-OF- WAY: AND REPEALING ORDINANCES 26. 29. 37. 39. 40. AND 42. 10 WHEREAS, Carlsbad Municipal Water District, hereinafter called CMWD, is 11 organized under the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the California Water Code; and 12 WHEREAS, on April 25, 1989, the City of Carlsbad adopted Resolution No. 89- 13 126 which established the CMWD as a subsidiary district to the City of Carlsbad effective January 1, 1990, where the responsibilities for the City's water system were transferred to the CMWD; and 15 WHEREAS, the City of Carlsbad's water system was operated under its 16 Municipal Code Title 14 "Water" which does not apply to CMWD, but specific provisions from Title 14 concerning improvement plan review, water or recycled water meters, 17 water or recycled water service connections, service charges, water or recycled water pipeline extensions and facilities, and cross connection control program need to be 18 addressed in a new CMWD Ordinance; and 19 WHEREAS, the Municipal Water District Law of 1911 provides the method by 2Q which CMWD shall establish types and conditions of service, fix rates and charges, provide a method of extension of facilities and repeal existing Ordinances as necessary; 21 and 22 WHEREAS, on June 4, 1996, by adoption of Resolution No. 939, the Board revised the Delivery Charge basis, retained the "Commodity Charge" basis, revised the 23 Connection fee basis, established the reclaimed water Commodity charge, and reclaimed water Connection fee; and 25 WHEREAS, on August 13,1996, by adoption of Resolution No. 954, the Board of Directors of CMWD eliminated the "New Demand Charge" applicable to Metropolitan 26 Water District of Southern California; and 27 28 1 WHEREAS, on November 18, 2003, by adoption of Resolution No. 1194, the Board of Directors of CMWD approved the 2003 CMWD Water Master Plan Update and 2 changed the CMWD Water Service Connection fee; and 3 WHEREAS, on November 18, 2003, by adoption of Ordinance No. NS-682, the 4 City Council for the City of Carlsbad approved CMWD Water Connection Fee annual adjustment using Engineering News Record percentage change with the base index in 5 effect in December 2003, and modified Title 14 of the Municipal Code Chapter 14.16.120 Service Connection Charges; and 6 WHEREAS, on June 14, 2005, by adoption of Ordinance No. 43, the Board of 7 Directors of CMWD mandated the use of recycled water and rescinded Ordinance No. 31; and8 9 10 WHEREAS, the Board of Directors of CMWD deem it expedient, proper and 11 necessary to establish and define types and conditions of water delivery, provide method of fixing rates and charges, provide for extension of facilities, establish 12 procedure for work in CMWD right of way, and repeal certain existing Ordinances. WHEREAS, present conditions render provisions in existing Ordinances No. 26, 29, 37, 39, 40 and 42 unnecessary; and 13 NOW, THEREFORE, the Board of Directors of the CMWD of the City of »ins as follows: ARTICLE I - REPEAL Carlsbad, California, hereby ordains as follows: 15 16 That Ordinances Nos. 26, 29, 37, 39, 40 and 42 are hereby repealed in their entirety. 17 ARTICLE II - GENERAL REGULATIONS 18 SECTION 1: Definitions 19 The following terms are defined for purposes of this ordinance: 20 1.1 "Applicant" means a person who applies for water or recycled water service. 21 1.2. "Board" means Board of Directors of the Carlsbad Municipal Water District. 1.3. "City of Carlsbad" means a municipal corporation in the State of California. 22 1.4. "CMWD" means Carlsbad Municipal Water District. 1.5. "Connection" means the metered water or recycled water service connection 23 from a CMWD water or recycled water pipeline facility, respectively. 1.6. "Cost" includes labor, material, transportation, expense, supervision, engineering and other necessary overhead expense. 25 1.7. "Customer" means any person to whom the CMWD supplies water or recycled water service under a contract, either expressed or implied, to make 26 payment therefore. 1.8. "Delivery Charge" means the minimum monthly charge to a customer for 27 availability of service, the revenue from which enables the CMWD to maintain 28 1 and operate a water system and a separate recycled water system ready to deliver to a customer. The Delivery Charge shall be based on the size of the 2 water meter that is appropriate to provide service for the customer. 1.9. "Engineering Service Fees" means plan checking and inspection service fees 3 for review of water and recycled water facility improvement plans submitted 4 by applicant, customer or their Engineer and subsequent inspection of the installation of water and recycled water facilities in conformance with 5 approved standard drawings and specifications. 1.10. "Extension" means water or recycled water pipeline extension. 6 1.11. "Executive Manager" shall mean the position that reports to the Board of Directors of the Carlsbad Municipal Water District. 7 1.12. "General Counsel" means the position that has been appointed by the Board of Directors to advise on legal matters. 8 1.13. "General Manager" means the position that reports to the Executive Manager g of the Carlsbad Municipal Water District and is responsible for the operation and maintenance of the water system and recycled water system. 10 1.14. "Industrial or commercial" means any customer using water or recycled water for a building or landscape irrigation of the site that is not a residential unit for 11 the purpose of producing goods or services other than the services of housing, permanent or transient occupants. 12 1.15. "Legal or equitable owner" means any owner of record, mortgage trustee or contract purchaser. 13 1.16. "Meter" means device to measure the amount of water or recycled water the customer uses in units where one unit is 748 gallons. 1.17. "Pipeline" means an existing or proposed water or recycled water pipeline in 15 the water or recycled water distribution system, respectively of the CMWD. 1.18. "Public Works Director" means the Public Works Director of the City of 16 Carlsbad or his designated representative. The Public Works Director is responsible for the engineering decisions required for the planning, design, 17 and construction of CMWD's water and recycled water facilities. 1.19. "Recycled water", sometimes referred to as reclaimed water, means water 18 obtained from the treatment of domestic waste water which is suitable for direct beneficial use or a controlled use that otherwise would not occur and1 Q also meets the highest level in conformance with California Code of 20 Regulations, Title 22, Division 4, Chapter 3 (use of recycled water for irrigation and for impoundments), currently section 60304 and section 60305. 21 1.20. "Recycled Water Connection Fee" means the fee paid for the planning, design and construction of capacity improvements and/or new facilities 22 required for the delivery, distribution, and storage of recycled water. 1.21. "Residential Unit" means any single family residential living unit which 23 includes but is not limited to the following: houses, duplexes, apartments, condominiums, and mobile homes. 1.22. "Risk Manager" means the Risk Manager of the City of Carlsbad. 25 1.23. "Service Connection" includes the tapping of a CMWD water or recycled water pipeline and the laying of a service line from the tapped connection on 26 the pipeline to the-meter location. 1.24. "Water" means potable water fit for human consumption in accordance with 27 applicable State of California Department of Public Health (CDPH) standards. 28 1 1.25. "Water Connection Fee" means the fee paid for the planning, design and construction of capacity improvements and/or new facilities required for the 2 delivery, distribution, and storage of water. 3 SECTION 2: Wasting Water; Report to CMWD 4 No person shall willfully or neglectfully waste water in any manner whatsoever; and any 5 person having knowledge of any condition whereby water is being wasted shall notify the CMWD of such fact by contacting the Executive Manager. 6 SECTION 3: Adoption of Rules and Regulations 7 The Board may, from time to time by resolution, adopt rules and regulations for the 8 operation and maintenance of the water and recycled water facilities of the CMWD, and g for furnishing water or recycled water to customers, and may likewise by resolution modify the rates, charges, fees and penalties established and imposed by this 10 Ordinance, and may from time to time by resolution prescribe rules for the extension of water or recycled water pipelines within the boundaries and outside the boundaries of 11 the CMWD. 12 The Executive Manager may, from time to time, issue rules and regulations to carry out the purposes of this Ordinance.13 SECTION 4: Failure to Comply with Rules and Regulations or Pay Rates; Penalty 15 On failure to comply with the rules and regulations established by the CMWD as a condition precedent to the right to use the water or recycled water, or to pay rates or 16 any charges imposed, in the time and manner stated in this Ordinance, upon reasonable notice, the water and recycled water will be shut off until payment of amount 17 due including a ten percent (10 %) late fee is received by CMWD. Charges not paid after 44 days are considered delinquent and are subject to additional fees. Charges will 18 continue to accrue until customer notifies the CMWD to discontinue service. CMWD may be notified in writing or by calling the City of Carlsbad's Billing Division of the Finance Department. If the water or recycled water bill remains unpaid after forty four 2Q (44) days following the mailing date of such bill, then the Executive Manager may cause the water or recycled water service to be shut off from the premises where the 21 delinquency occurs and the same meter shall remain shut off until all bills, plus any additional charges shall have been paid. 22 SECTION 5: Turning Water or Recycled Water On and Off from Premises 23 No one except an authorized employee of the CMWD or City of Carlsbad shall turn the water or recycled water on or off from any building or premises at a service gate valve, 25 angle meter stop valve, or corporation stop valve located upstream of the meter. 26 27 28 1 SECTION 6: Persons Not to Interfere with CMWD Water System 2 No person shall in any manner whatsoever meddle, tamper with, or interfere with any part of the water or recycled water system of the CMWD. .SECTION 7: Entrance Upon Private Property by Employees of CMWD 5 Any authorized employee of the CMWD or City of Carlsbad shall be admitted at all reasonable hours to all open areas of the premises supplied by water or recycled water 6 to verify facilities are in good operating condition, to make any repairs, replacements or improvements, and to verify that rules and regulations are observed by the customer. 7 SECTIONS: Right of CMWD to Enter Premises, Install Meters and Enforce 8 Collection of Charges g Any authorized employee of CMWD or City of Carlsbad shall have the right at any time, 10 and at any point where water or recycled water is used, to install a water or recycled water meter of adequate size, and enforce collection for the amount of water or recycled 11 water that shall be used, in accordance with all the Ordinances, Rules and Regulations of the CMWD governing the consumption of water or recycled water, and for that 12 purpose may at any time go upon the premises of the customer of water or recycled water.13 SECTION 9: Interference with Inspection; Stoppage of Service; Notice Required 15 In case any authorized employee or agent of the CMWD or City of Carlsbad be refused admittance to any premises supplied with water or recycled water by the CMWD, or on 16 being admitted he or she shall be hindered or prevented from making such examination or inspection by any person, or for any reason thereto, the maintenance on such 17 premises of a vicious dog or animal, or for any other reason, the Executive Manager of the CMWD may cause the service of water or recycled water of such premises to be 18 discontinued, after giving written notice to the owner or occupant thereof of his/her intention to do so.i y SECTION 10: Service of Notice of Stoppage of Water or Recycled Water Service Such notice as is provided for in Section 9 shall be deemed served upon the legal21 owner or occupant thereof if it is mailed to his/her last known address, and a copy thereof mailed to such premises if his/her mailing address is not at such premises, or a22 door hanger may be placed at the premises by CMWD or City of Carlsbad employee notifying legal owner or customer of water or recycled water service being shut off, or23 other method that the Executive Manager determines to be legally sufficient to ensure adequate notification is received by the legal owner or occupant. SECTION 1 1 : Length of Water or Recycled Water Service Stoppage25 26 Water or recycled water service may be discontinued until the customer or owner has given satisfactory assurance to the Executive Manager that any such employee will not 27 be hindered or prevented from making such examination or inspection. 28 i A 1 SECTION 12: Liability of CMWD to Damage from Break Beyond Meter 2 The CMWD will not be responsible for injuries or damages to buildings or their contents from any water leakage, damage or earth movement originating from a break beyond the meter connection. 4 SECTION 13: Responsibility for Damage Resulting from Turning Off Water or 5 Recycled Water 6 The CMWD shall not be responsible for any damage, such as bursting of boilers, damage to crops or landscaping, the breaking of any pipe or fixture, stoppage or 7 interruption of water or recycled water supply, or any other damage resulting from the shutting off of water or recycled water.8 SECTION 14: Unlawful Use of Water, Recycled Water, Facilities and Appurtenances 10 It is unlawful for any person to open any fire hydrant, corporation stop valve, gate valve, 11 angle meter stop valve or to interfere in any manner with any water service, water connection, or any water meter attached to any service pipe connected to the water 12 pipelines, or to turn on or off water or recycled water pipelines of the CMWD, or to tap, break, or injure any water or recycled water pipeline of the CMWD, or any reservoir, 13 pumping station or pressure reducing station of the CMWD, or to tap any water or recycled water service pipe, or take or draw water from any water pipe or fire hydrant of the CMWD without paying the established water rate therefor, after having made written 15 application and received permission therefore as provided by this ordinance or in anywise to trespass upon the public property of the CMWD without written permission 16 first being obtained from the CMWD. 17 SECTION 15: Bills for Labor, Materials 18 All bills for labor and materials furnished, or other charges not provided for otherwise, shall become due and payable thirty days from date of mailing.19 2Q SECTION 16: Settlement of Disputes between Customer and CMWD 21 If a dispute arises between any water or recycled water customer and the CMWD concerning water or recycled water service or the amount of a water or recycled water 22 bill to such customer, the dispute may be settled, subject to the approval of the Board, by the Executive Manager. The final decision and settlement of any such dispute shall 23 be recorded in the minutes of the Board. The provisions and procedures provided for in this section are permissive only and shall 25 in no way affect the other provisions of this Ordinance. 26 27 28 1 SECTION 17: No Mandatory Duty 2 Nothing in this Ordinance is intended to create a mandatory duty on behalf of CMWD or the City of Carlsbad and/or its employees under the Government Tort Claims Act and 3 no cause of action against CMWD or the City of Carlsbad and/or its employees is 4 created by this chapter that would not arise independently of the provisions of this ordinance. 5 SECTION 18: Claims for Damage. 6 (a) No claim for injuries or damages against the CMWD shall ever be allowed or 7 paid unless there has been first filed with the Secretary to the Board a claim therefor within the time periods required by subsection (b) of this section. All such 8 claims for damages shall be first verified by the claimant before an officer g authorized to administer oaths. 10 (b) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be filed not later than six months after the 11 accrual of the cause of action. A claim relating to any other cause of action shall be filed not later than one year after the accrual of the cause of action. 12 13 ARTICLE III 14 RETAIL WATER AND RECYCLED WATER RATES, AND 15 COLLECTION THEREOF 16 SECTION 1: New Account Fee 17 A new account fee as determined by resolution of the Board will be assessed on a 18 customer on their first bill. The CMWD requires at least 24 hours notice of water service turn-on. If customer contacts the CMWD the same day that customer wants service 19 turned on, then the customer will have an additional charge assessed on their next water bill. If customer requests service on holidays, weekends, or after 5:00 p.m. on20 weekdays to have water turned on the same day, then a charge must be paid to the CMWD on the following normal working day. SECTION 2: Continuity of Service Fee (Landlords Only) The CMWD will provide a continuity of service fee option for landlords only who wish to retain water service to rental properties during periods of vacancy. The Continuity of 24 Service must be requested by the Landlord and a fee, as determined by a resolution of the Board, paid to CMWD. The water bill will be sent to the Landlord's address and the 25 Landlord will be billed for the Continuity of Service fee. 26 27 28 1 SECTION 3: Delivery Charge 2 The CMWD shall charge each customer a monthly Delivery Charge for each service connection with a meter in such amounts as provided by resolution of the Board as 3 adopted from time to time. 4 SECTION 4: Delivery Charge for Residential Automatic Fire Extinguishing5 System r* When a water meter for a single family residential unit is required to provide standby 7 capacity for a automatic fire extinguishing system, the Delivery Charge will be determined according to the size of the meter necessary to meet the water use 8 requirements for the customer, as determined according to the rules of the CMWD, without consideration of additional size necessary to provide the Delivery Charge. The 9 Delivery Charge to provide water for a automatic fire extinguishing system is required when (1) the automatic fire extinguishing system is required by law, including any 10 requirement imposed as a condition of development, permit, or occupancy, and (2) the fire chief, fire marshal or building official of the City of Carlsbad has provided a written 11 statement verifying the requirement for additional meter size. The determination under this section shall be made at the time the meter is first obtained, or at the time a meter 12 is replaced with one of greater size because of the later installation of the automatic fire extinguishing system. This provision shall not apply to meters greater than one inch in 13 size. 14 SECTION 5: Delivery Charge - Proration The delivery charge will be prorated based on the normal date the meter is read for the 16 month that water service is started. 17 SECTION 6: Delivery Charge Where House Becomes Vacant; Request for Discontinuance of Service 18 If a single family residence becomes vacant, the regular monthly Delivery Charge shall 19 be charged and collected from the owner thereof; whether water is used or not; until the day upon which the office of the CMWD is notified of the fact that the property is unoccupied and is requested to shut off water therefrom. 21 SECTION 7: Rate Structure 22 The CMWD rate structure shall be approved by the Board. Rates shall be set at a level 23 sufficient to pay for water purchases, maintenance and operations, debt service, replacement funding, adequate reserves, and to meet the objectives established by the 24 Board. or Residential Water Rate - The Residential water rate is a tier rate per unit of water used 26 where one unit equals 748 gallons. 27 28 1 Commercial/Non-Residential - The Commercial/non-residential water rate is a flat rate per unit of water used where one unit equals 748 gallons. 2 Agricultural Water Rate - The Agricultural water rate shall be in compliance with the rate 3 reduction and rules and requirements adopted by the Metropolitan Water District of 4 Southern California and the San Diego County Water Authority in relation to cost and availability of imported water. Once a customer is authorized an Agricultural Water 5 Rate, that customer must comply with water supply reductions under CMWD's Ordinance 30 when the Board declares Stage 2 or higher water conservation stages. 6 The Recycled Water Rate - The Recycled water rate is a flat rate per unit of recycled 7 water used where one unit equals 748 gallons, and applies only to the delivery of recycled water to the customer.8 SECTION 8: Water Rates, Charges, and Fees to be Established by Resolutiony 10 The rates, charges, and fees for all water and recycled water delivered by CMWD shall be fixed, and may be changed as necessary, by Resolution of the Board after following 11 the provisions required by the California Constitution. All water and recycled water bills shall be due on mailing and must be paid by the due date printed on the water or 12 recycled water bill. 13 SECTION 9: Meter Readings and Billings 14 Meters shall be read and billings rendered on a monthly basis. The billing period is 30 15 days and is based on the meter reading date. The date on which the bill is deemed delinquent shall be indicated on the bill. 16 SECTION 10: Service Charges to be a Lien Against Property of Consumer In addition to any other remedy provided for in this Article for the enforcement and 18 collection of any water and recycled water rates, charge, fee or account, all rates provided for in this Ordinance shall be charged against the property on which it is 19 furnished, and against the owner thereof, and shall be a lien against the premises to which any water or recycled water may be supplied, and a charge against the owner 20 thereof and the occupant thereof using the water. If for any cause any sums owing therefore become delinquent, the water or recycled water shall be cut off and in no case 21 shall it be turned on to the same property until all such delinquencies shall have been paid in full. Such property owner and occupant shall be severally responsible to the 22 CMWD in an action brought by the CMWD in any Court of competent jurisdiction for the amount of all such money as may be due and unpaid, together with all penalties 23 provided herein and costs. No change of ownership or occupation shall affect the application of this Article. This section shall not apply to non-permanent connections. 24 SECTION 11: Shutting Off Water on Supply Side of Meter 25 Upon the written request or call to the City's Billing Division of the Finance Department, 20 of the customer or occupant of a building or premises to have the water shut off on the supply side of the meter, the CMWD shall have the water shut off, and at the time 27 record the reading of the meter and render a bill in a sum which shall be the greater of 28 1 the amount of water used according to the rates and charges provided for, or for the monthly minimum charge due for the fractional part of the month. 2 3 SECTION 12: Adjustment of Bills for Meter Error 4 (a) Fast Meters: When upon test, a meter is found to be registering fast within the tolerances above set forth in Article IV, Section 6, the CMWD shall refund to the 5 customer the amount of the overcharge, based upon corrected meter readings for the period the meter was in use, but not-to-exceed a period of six months. 6 (b) Slow Meters: When, upon test, a meter is found to be registering slow beyond 7 the tolerances above set forth in Article IV, Section 6, the CMWD shall bill the customer for the amount of the undercharge, based upon corrected meter readings for the period 8 the meter was in service, but not-to-exceed a period of six months. 9 (c) Failed Meter Reads: In the event a water meter fails to register during any month, a charge will be made based upon three month average amount of water used during 10 the same period for the previous year. In the event there was no meter at this place during the previous year, a charge will be made upon an estimate fixed by the CMWD, 11 which shall be paid by the customer. 12 (d) General: When it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to, 13 but not beyond, such date. 14 ARTICLE IV 15 METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT THEREOF 16 17 SECTION 1: Service Connections in Public Right-of-Way or Easements 18 All water service connections shall be in conformance with CMWD standard specifications and standard drawings in affect at the time the connection is installed; 19 and all such connections must be inspected and approved by the Public Works Director or his designated representative before water is admitted through meters. 20 SECTION 2: Meter Installation 21 All water and recycled water meters shall be new or be certified for accuracy to meet 22 standards of the American Water Works Association through testing performed or approved by the CMWD before being installed. 23 SECTION 3: Service Connection and Meter Ownership 24 The "Water/Sewer Connection Permit" shall note the date of connection for all service 25 connections, and upon this date the service connection will become the property of the CMWD and the CMWD's responsibility to maintain. The meter will become the property 26 of the CMWD and the CMWD's responsibility to maintain upon its installation by CMWD or its authorized agent. 27 28 1 2 SECTION 4: Charges for Replacement, Repairs or Adjustment Caused by Negligence, Etc., of Customer, Non-Payment o 4 Where replacement, repairs or adjustments of any service connection or meter are deemed necessary by the act, negligence or carelessness of the customer, any 5 expense caused the CMWD thereby, shall be charged against and collected from the customer. If the customer fails to pay such charges, water may be shut off until such 6 charges are paid. 7 SECTION 5: Examination of Meters at Customer's Request - Deposit 8 Any customer may request that the meter, through which water or recycled water is being delivered, be examined and tested by the CMWD or Maintenance and Operations Department of the City of Carlsbad for the purpose of ascertaining whether or not it is 10 registering correctly the amount of water which is being delivered to it. Such request shall be accompanied by payment of a deposit fee as established by resolution of the 11 Board. Upon receipt of such request, the Executive Manager will cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering 12 correctly the water or recycled water being delivered through it. 13 SECTION 6: Examination of Meters at Customer's Request - Replacement of Defective Meter; Forfeiture of Deposit 15 If, on examination and test, the meter shall be found to register a percentage of more or less than actually passes through it, than allowed by the tolerances for such a meter as 16 established by the American Waterworks Association standards, another meter shall be substituted therefore. If the meter is determined to be registering more water than 17 actually passes through it within the tolerances above set forth, the above deposit will be refunded to the customer, but in the event the meter shall be found to be accurate or 18 registering less water than actually passes through it, the fee so deposited shall be forfeited to the CMWD.I y 20 SECTION?: Water Meter Permit 21 It is unlawful for any person to connect to or use the CMWD's water system without first obtaining a Water Meter Permit. That concurrently with issuance of a valid building 22 permit for a new structure or for a mobile home, upon application and payment of the required fees, the CMWD's Executive Manager may authorize connection of the 23 structure for which the building permit has been issued or the mobile home has been issued, to the water system. Every Water Meter Permit issued shall be returned if the 24 building permit for the structure to which the connection is being made or for the mobile 25 home to be connected, expires by limitation or otherwise becomes null and void. If a Water Meter Permit has expired, then before the connection for such structure or mobile 26 home can be made, a new Water Meter Permit shall be obtained and the fee shall be one-half of the required fee for the original Water Meter Permit unless one year has 27 passed since the expiration in which case the fee shall be the same as a new Water 28 \{o 1 Meter Permit. Water Meter Permits for the connection of an existing structure to the water system may be issued by the Executive Manager at any time upon proper 2 application. 3 Every Water Meter Permit issued pursuant to this subsection shall expire by limitation 4 and become null and void if work on the connection authorized by such permit is not completed within one hundred eighty (180) days from the date of issuance of such 5 permit. Reasonable extensions may be granted by the Executive Manager in writing. 6 SECTION 8: Water and Recycled Water Connection Fee 7 Applicants for installation of a service connection(s) shall pay a Water Connection Fee, and at locations where recycled water is to be used, a Recycled Water Connection Fee 8 in the amount as set from time to time by a resolution of the Board. The recycled water connection fee shall be equal to the water connection fee for the same size meter; 9 however, a recycled water connection is not required to pay San Diego County Water Authority's water connection fee. When a water meter for a single family residential unit is required to provide standby capacity for a automatic fire extinguishing system, the .. water connection fee will be determined according to the size of the meter necessary to meet the water use requirements for the customer, as determined according to the rules 12 of the CMWD, without consideration of additional size necessary to provide the delivery of water for the automated fire extinguishing system. The water connection fee and 13 recycled water connection fee shall be adjusted annually by a resolution of the Board by the percentage change in the Engineering News Record Los Angeles Construction Cost 14 Index with the base index in effect in December 2003, or subsequent resolution of the Board. 15 For all residential units, the water connection fee shall be paid at the time of issuance of 16 a building permit for the property. For commercial and industrial development projects the water connection fee shall be paid at the time of application for a 'Water Meter 17 Permit". The Recycled water connection fee shall be paid at the time the recycled water irrigation system has been tested by the City of Carlsbad's Cross connection specialist and recycled water can be supplied to the irrigation system. Customer shall provide ig CMWD a 24-hour notice for the recycled water irrigation meter. 20 A credit on a water or recycled water connection fee will be made for the exchange of an existing meter service for a new meter service, or relocation of a meter service. The 21 credit shall only apply to the water or recycled water connection fee. The credit amount shall be based on the connection fee amount in affect at the time the exchange is made. 22 No credit shall be applied for exchange to a smaller meter. 23 SECTION 9: Minimum Water Meter Size for Buildings 24 (a) Residential Unit - For residential units the minimum size meter shall be 5/8", except 25 where the residential unit is larger than 3,500 square feet or on a lot larger than one quarter (1/4) acre where the meter size shall be 3/4". Where there is a residential 26 automatic fire extinguishing system the minimum meter size shall be 1". 27 28 1 (b) Commercial and Industrial - For a commercial building, office condominium, and industrial building an estimate shall be made of the supply demand in gallons per 2 minute (gpm) as determined from the California Plumbing Code "Appendix A", latest adopted edition by the City of Carlsbad. In addition, for industrial buildings all process 3 water demand, if applicable, shall be added to the supply demand determined above in 4 "Appendix A" to determine the peak supply demand. The estimated peak supply demand shall be compared to the maximum rated capacity of each meter size and the 5 capacity of the selected meter size shall be capable of conveying the peak supply demand calculated in gpm for the building. 6 SECTION 10: Irrigation Water Meters 7 A meter and service connection used for landscape irrigation exclusively shall be 8 installed in accordance with CMWD standard specifications and drawings in affect at the time the connection is made. The size of the irrigation water meter(s) and service connection shall be determined by the landscape architect based on the flow demand in 10 gallons per minute (gpm) for the area to be irrigated. The minimum size meter(s) shall be capable of supplying the peak irrigation water demand determined. 11 At locations where water is used for irrigation, then the water connection fees shall be 12 based on the CMWD connection fee and charges, and also include the San Diego County Water Authority's connection fee applicable to the meter size. If recycled water 13 is used, then only the CMWD connection fee and charges shall apply. The San Diego County Water Authority will refund their connection fee amount to the customer if recycled water is eventually supplied to the service connection and meter within one -15 year of the original application for Water Meter Permit. The customer must prepare and submit the San Diego County Water Authority' s "Capacity Charge Refund Request" 16 form to CMWD for verification to request the connection fee refund. 17 SECTION 11: Maximum Water Meter Size 18 No water meter larger than a two-inch (2") meter shall be installed on any lot, or to any customer, except upon approval and consent of the Public Works Director,i y 20 SECTION 12: Construction Meters 21 Water or recycled water used for construction shall be metered. Recycled water shall be used when it is available. A construction meter is obtained by applying for a water meter 22 permit. The CMWD may connect a construction meter to any fire hydrant, service connection upon proper application. The cost for a construction meter shall be 23 comprised of a deposit fee and a rental fee. The deposit fee will be refunded after the meter is returned in good working order complete with fittings, and all bills pertaining 24 thereto are paid. The meter will be installed and removed by authorized CMWD or City 25 of Carlsbad employees. Any damage caused to the meter by the negligence or carelessness of any person to whom a meter is loaned must be paid on demand. Water 26 delivered through a construction meter will be charged at the Standard Water Rate, including delivery charges. An additional fee will be charged upon each request to have 27 a construction meter relocated. 28 1 The use of "jumpers" in place of a meter shall not be allowed on a temporary basis to 2 test water pressure in the plumbing of a new building, residence, or other purpose. 3 SECTION 13: Fire Protection Meters 4 A fire protection meter shall be installed on commercial and industrial buildings and 5 when required by the City's Fire Marshall on residential units. The purpose of the fire protection meter is to monitor if any water has been used from the fire protection line. 6 The fire protection meter is only charged a meter fee. No connection fees apply. 7 SECTION 14: Meter Installation Charges 8 Applicants for installation of water meters shall pay installation charges as set from time to time by a resolution of the Board. In the event a customer has an installed meter but 9 wishes to exchange it for another smaller size meter, he shall receive a rebate of the difference between the charges for the larger and smaller meter in effect at the time the 10 original meter was installed; but, if he substitutes a larger meter for a smaller meter, he shall pay the difference between the current charges for the smaller meter and the 11 larger meter. 12 SECTION 15: Repairs by CMWD 13 All water and recycled water meters are the property of the CMWD and the CMWD will 14 maintain and repair them when in its judgment such repairs are needed. 15 SECTION 16: Transportation of Water Across Property Line 16 Water served through a meter shall not be transported through pipes or conduits across lot lines or property lines.17 SECTION 17: Connection - Liability for Damage18 1Q When any person connecting a water service pipe to the property side of a meter uses water for testing the pipes, he or she must leave the service box in as good condition as 2Q found, and shall leave the water shut off if found shut off, and shall in writing notify the CMWD or City of Carlsbad at the time the connection is made. Any damage caused by 21 the negligence or carelessness of any person to any part of the meter box or connection, must be paid by the person to the CMWD on demand. 22 SECTION 18: Liability of Customer for Damages to Meter 23 After the water or recycled water meter is so connected to the service connection, any 24 damage to such meter resulting from an intentional act, carelessness or negligence of the customer, or anyone employed by him, and any damage which may result from hot 25 water or steam from a boiler, or otherwise, shall be paid for by such customer to the CMWD on presentation of a bill therefore; and in case such bill is not paid, the water 26 shall be shut off from the premises without further notice, and the same shall not be turned on until all charges are paid. 27 28 1 SECTION 19: Cutting Off or Interfering with Meter 2 It is unlawful for any person to interfere with or cut off or remove a water or recycled 3 water meter from any service connection where it has been installed, without first receiving written permission from the CMWD or City of Carlsbad's Maintenance and 4 Operation Department. Such permission shall be granted only for the purpose of tests, replacements, repairs to meter or service pipes, readjustments of service, or similar 5 emergency. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ARTICLE V 2 CONNECTIONS AND INSTALLATIONS OF SERVICE 3 4 SECTION 1: Shut Off Valve for CMWD 5 There shall be an angle meter stop valve installed on the immediate upstream side of the meter which angle meter stop valve shall be paid for by the customer but shall be 6 the property of the CMWD, and shall be for exclusive use and under its exclusive control. 7 SECTION 2: Shut Off Valve for Customer 8 The water customer is hereby required, for their own protection, to provide, at their own expense, a shut off valve consisting of a ball valve to be connected to the meter 10 immediately downstream of the meter and accessible to the employees of the CMWD or City of Carlsbad. 11 SECTION 3: Distance of Sewer, Gas, or Other Service Pipe from Water Service 12 No sewer pipe, gas pipe or any other service pipe shall be installed or maintained 13 nearer than ten feet parallel to any service connection, water pipeline or meter of the CMWD without obtaining prior approval from CMWD. Under no circumstance shall a sewer pipe or gas pipe or any other service pipe be installed closer than two feet clear 15 from the service connection, water pipeline or meter. 16 SECTION 4: Repairs to Water Pipelines, Meters, and Service Connections 17 The CMWD shall, at its own expense, make all repairs necessary to water pipelines, meters and service connections. The CMWD shall make no repair or do any work 18 whatsoever on the service connection beyond the meter. Any repair, including parts and labor, made necessary by any acts of negligence or carelessness of the customer, or 19 other persons, shall be charged to and collected from the customer, or the person 20 responsible therefore. 21 SECTION 5: Shutting Off Water or Recycled Water for Repairs 22 The CMWD reserves the right to shut off the water or recycled water supply from any premises at any time without notice, for the purpose of making repairs, extensions or 23 other necessary purposes, or for any infraction of this ordinance. 24 SECTION 6: Steam Boilers, Hydraulic Elevators, Power Pumps, and Similar Apparatus ^O It is unlawful for any person to draw any water from any water pipeline or service connection of the CMWD, directly into any stationary steam boiler, hydraulic elevator, 27 power pump or similar apparatus. If a customer desires water from the CMWD to be used in any stationary steam boiler, hydraulic elevator, power pump or similar 28 1 apparatus, the customer must first apply therefore in writing to the CMWD, and if granted by the Board, such customer must provide a tank or reservoir of such capacity 2 as is required by standard practice. No such tank or reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in 3 writing by the Public Works Director or his/her designee. 4 SECTION 7: Right-of-Way Application for Service-Form 5 Before any water will be supplied by the CMWD to any person which requires a connection from the CMWD water pipeline on any real property, the owner or occupant of the property shall make a written application for such service and service connection, 7 upon submittal of a "Right of Way" permit application provided by the CMWD at the City of Carlsbad's Engineering Department. Q SECTION 8: Connection to Water Pipelines Upon Compliance 9 Upon the applicant for water service having complied with all the requirements relating 10 to written application for service, the CMWD will cause the property described to be connected with the water pipeline, subject to the provisions of this ordinance and the 11 rules and regulations of the Board. 12 SECTION 9: Multiple Service Connection and Meter and Multi-Ownership Building 13 No water shall be served to two or more parcels of property separately owned through a common service connection and meter.14 When more than one building is placed on the same parcel of property, then each 15 building shall have at least one service connection and meter. 16 When a multi-ownership residential, commercial and industrial unit building is placed on the same parcel of property and each is conducting a separately established residence17 or business, a separate service connection and meter shall be required and installed for each ownership unit in the building. The cost of such service connection and meter18 installation shall be paid by the owner or party receiving water service. For good cause shown, the Public Works Director may allow one service connection and meter to a19 multi-ownership building to provide service to more than one residential, or commercial/office condominium on a case by case basis provided, however, that the20 size of the service connection and meter shall be determined based on the combined fixture units of all residential or commercial/office condominiums served by the meter,21 within the building. In cases where the Public Works Director allows one service connection and meter to a multi-ownership building, there shall be recorded a deed22 restriction or other such document as approved by the Public Works Director and General Counsel placing future unit owner's on notice that each and every residential or23 commercial/office unit in the building on the property is served by a single service connection and meter, and in the event that the water bill is not paid by the party or24 entity responsible for paying the monthly water service charges to the CMWD for the respective building occupied by the multi-ownership, the CMWD may at its discretion25 shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. In addition, a multi-ownership building with a single26 service line and meter is required to install a private sub-meter for each separately established residence or business.27 28 1 SECTION 10: Discontinuance of Service Upon Written Notice 2 Service will be discontinued and water service shut off by the CMWD within forty-eight hours of receiving written notice to discontinue water service. 3 SECTION 11: Turning On of Water or Recycled Water 4 It is unlawful for any person to turn on the water or recycled water after the same has 5 been turned off by CMWD or City of Carlsbad. 6 SECTION 12: Use of Water by Construction Workers - Water Meter Permit 7 Contractors or any person, desiring to use water in construction work where connections must be made other than through a meter, shall in each and every case 8 make written application for, and obtain a written permit for the same from the City of Carlsbad's Engineering Department before connecting to any water pipeline, fire 9 hydrant or using water therefrom, and shall make the deposit required by the CMWD sufficient in its opinion to cover the estimated cost of the water to be used. Such Water 10 Meter Permit shall be exhibited upon the work for which it has been issued during the full-time the water is being used pursuant to such permit. 11 SECTION 13: Supplying to Other than Occupant of Premises 12 It is unlawful for any person to supply water to any other person other than the 13 occupants of the premises of such customer without written approval of the Public Works Director. 14 SECTION 14: Customer to Accept Service Conditions 15 All applicants for service connections or water service shall be required to accept such 16 conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the CMWD or City of Carlsbad 17 harmless from all damage arising from low pressure or high pressure conditions or interruptions of service. 18 SECTION 15: Violations 19 It is unlawful for any person to violate any provision or fail to comply with any of the 20 requirements of this Article. Any person violating any of the provisions or failing to comply with any of the provisions of this Article shall be guilty of a misdemeanor and 21 shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both. 22 SECTION 16: Severability23 24 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be invalid, such decision shall not 25 affect the validity of the remaining portions of this Article or any part thereof. The Board declares that it would have passed each section, subsection, subdivision, paragraph, 26 sentence, clause, or phrase, thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses, or phrases be 27 declared invalid. 28 1 ARTICLE VI 2 EXTENSION OF WATER OR RECYCLED WATER PIPELINE AND OTHER CMWD 3 FACILITIES 4 SECTION 1: Excess Capacity 5 Excess capacity for the purpose of this Ordinance, is defined to mean only that excess 6 capacity resulting from the construction of pipelines or facilities larger than those required by the applicant for extension under existing CMWD standards now or 7 hereafter adopted. 8 SECTION 2: Application - Generally q Any person may apply to the Executive Manager of the CMWD for the installation of 10 water pipelines and fire hydrants and other appurtenant facilities to be constructed either in public streets, alleys or private property; however, nothing herein contained 11 shall be construed to modify any provision of the subdivision section hereinafter set forth, which requires the subdivider to make certain improvements within a subdivision 12 and bear the cost thereof. 13 SECTION 3: Application - Contents 14 Prior to the applicant extending a water or recycled water pipeline or constructing a 15 water or recycled water pipeline of excess capacity shall enter into a reimbursement agreement with CMWD, setting forth, among other things, a statement describing that 16 which the applicant wishes to construct or have constructed, a map showing accurately the proposed route and size of such facility, the estimated cost of construction of such 17 facility, payment schedule, auditing procedures, complete specifications as to the type of pipe and other appurtenances which the applicant desires to construct or have 18 constructed, and applicant shall provide any and all additional information requested by the Executive Manager of the CMWD. In no event shall any water or recycled water 19 facility be constructed unless the standard plans and specifications of the CMWD are 2Q observed and complied with. 21 SECTION 4: Size of Water Pipeline Extension 22 All water pipeline extensions will be installed in sizes best suited to the requirements and full development of the CMWD water system as determined by the Public Works 23 Director. In no event will a water pipeline or recycled water pipeline extension be less than six inches in diameter.24 No property shall be connected to a CMWD water or recycled water pipeline which is of inadequate size to meet the requirements and full development of the CMWD water 26 system as determined by the Public Works Director. 27 28 1 SECTION 5: Determination of Adequacy of Size and Necessity by Executive Manager; Contract between Applicant and CMWD; Reimbursement 2 of Applicant for Additional Cost 3 The Public Works Director for the CMWD shall determine if the size of such proposed 4 water pipeline is adequate to serve the intended use of applicant; further, the Public Works Director shall determine if there is other property within the CMWD not being 5 served with water or recycled water which could be served by the proposed water or recycled water pipeline, and if it appears to the Public Works Director that it is 6 necessary that the proposed water or recycled water pipeline and appurtenant facilities should be constructed to a greater capacity than the immediate needs of the applicant 7 so that other property in the CMWD may be supplied with water or recycled water through such pipeline, then the Executive Manager shall recommend to the Board that a 8 reimbursement agreement be entered into between applicant and the CMWD providing _ for the construction of such water or recycled water pipeline with excess capacity and establishing a reimbursement procedure and schedule for the additional costs incurred 10 by building such water or recycled water pipeline with such excess capacity. 11 SECTION 6: Determination of Materials to be Used and of Additional Cost of Pipelines 12 The quality of the materials of the water pipeline, hydrants, and other facilities in 13 connection therewith shall be determined by the Public Works Director, who shall give due regard to the potential water service development in the territory that can reasonably be served by the extended water pipeline. The Executive Manager shall 15 determine the amount of money necessary to cover the cost of construction of such water pipeline and shall determine the excess cost as hereinbelow provided, if any, over 16 and above the cost of a standard size water pipeline facility sufficient to serve applicant's immediate need and use. 17 SECTION 7: Payment of Proportionate Cost of Water or Recycled Water Pipeline 18 Prior to Connection 19 Whenever any person applies for a connection to a water or recycled water pipeline which has been installed in any manner other than by public improvement proceedings 20 for which an assessment has been levied, and neither the person nor his predecessor in interest has paid the proportionate share of the cost of the water or recycled water 21 pipeline, with respect to the property served, no application shall be acted upon, allowed, or approved by the CMWD, or any of its administrative employees until such 22 person has paid to the CMWD his proportionate share of the cost of the water or recycled water pipeline according to the terms, schedules, and conditions hereinafter 23 set forth. 24 SECTION 8: Method of Determining Excess Cost for Reimbursement Agreement 25 In determining excess cost for a reimbursement agreement, the actual cost of construction, including necessary easement acquisitions, engineering and directly 26 related incidental costs, shall be included plus any overhead for managing the construction contract. The Executive Manager shall make the final decision, subject to 27 Board approval of the reimbursement agreement, in determining the pro-rata cost share 28 1 of the excess capacity. In all cases the minimum pipeline size for any property shall be at least 8-inches in diameter, and excess capacity shall be considered the difference in 2 cost between the minimum pipe size or facility cost required for the property and the recommended size to meet CMWD system requirements. Any right to reimbursement 3 hereunder, or pursuant to contract, shall expire in accordance with the time specified in the reimbursement agreement or ten years after the pipeline or facility has been 4 accepted by the CMWD; provided, however, payment shall only be made to the applicant, or designee, at such address as shall have been filed with the CMWD, by the 5 applicant for such purpose. No interest shall accrue to applicant pursuant to this Section, or under any contract entered into pursuant thereto. In no event shall the 6 CMWD be liable or in any way responsible for failure to collect such connecting fees, or for failure to pay any money to applicant. 7 SECTION 9: Easements to be Provided; Title Insurance Policy; Construction 8 Costs to be Deposited 9 If a reimbursement agreement is entered into between applicant and the CMWD, applicant shall provide easements in the event the water or recycled water pipeline or 10 facilities lie outside public property, and shall provide a Title Insurance Policy showing that grantor has the valid title to grant such an easement. Such easement shall be 11 subject to the approval of the General Council for the CMWD for legal adequacy and shall be subject to the approval of the Public Works Director and Executive Manager in 12 all other respects. If applicant desires that such water or recycled water pipeline be extended or such water or recycled water pipeline and facilities be constructed by the 13 CMWD and the Executive Manager recommends that the CMWD construct such facilities, which recommendation is approved by the Board, then, in that event, applicant 14 shall deposit with the CMWD such sum of money as the Executive Manager shall determine to be necessary in order to construct the improvements specified in the 15 reimbursement agreement. 16 SECTION 10: Source of Reimbursement 17 The CMWD shall reimburse the applicant only from either the water connection fee fund or the water replacement fund, subject to availability of funds, and the CMWD's 18 responsibility shall be no greater than as set forth in this Ordinance. 19 SECTION 11: Improvements Constructed Under the Improvement Act of 1911 - CMWD's Participation20 If any of the improvements, which would otherwise qualify as above set forth, are 21 constructed through a 1911 Act of Improvement District as defined in the Improvement Act of 1911, Division 7 of the Streets and Highways Code, the CMWD will agree to pay 22 to the owner or owners of the property assessed within the CMWD, said payments running with the land at all times mentioned herein, the sums it would otherwise pay to 23 an individual applicant under the terms of this Ordinance. SECTION 12: Time Limit for Recovery Any funds mailed to applicant or designee which are returned, or where the check,25 voucher or other payment remains uncashed for one year after such mailing, shall revert io the CMWD's water connection fee fund or water replacement fee fund as 26 appropriate, and shall not be recoverable by applicant. 27 28 1 SECTION 13: Agreement between CMWD and Contributor for Repayment of Off- Site Improvement 2 The Executive Manager is empowered to prepare a reimbursement agreement to be „ entered into by the person who constructs off-site water or recycled water pipeline extensions and the CMWD. Such agreement shall provide that the CMWD will refund to the persons who paid for the cost of the water or recycled water pipeline extension all4 pipeline fees. The agreement shall be limited to a fifteen-year period from and after the date of signing. The CMWD shall not be liable to the subdivider for such moneys in the 5 event that the collection of the charge is prevented by judgment or order of court, or in the event that such moneys are not collected due to inadvertence or neglect of the 6 officers or employees of the CMWD or City of Carlsbad. 7 SECTION 14: Water or Recycled Pipeline Extensions within Subdivisions 8 Subdividers shall be required to install water or recycled water pipeline extensions to all property within the subdivision. When such water or recycled water pipeline extensions are constructed by the subdivider, then no refund agreement shall be available to the9 subdivider for any portion of the water or recycled water pipeline constructed within the limits of the subdivision or in streets that are immediately adjacent to the external limits 1 0 of such subdivision with the following exception: 1 1 When a subdivider is required to install a water or recycled water pipeline extension in excess of his requirements for continuity and full development of the CMWD water 12 system, as determined by the Public Works Director, then the CMWD will contribute for the additional costs required to construct the water or recycled water pipeline in excess -1 3 of eight inches in diameter. 14 Subdividers shall be required to extend to the external limits of the subdivision all water and recycled water pipelines placed in and about the subdivision by the subdivider. The 15 subdividers may enter into a reimbursement agreement with the CMWD as outlined heretofore for such other off-site portions of the water or recycled water pipeline 16 extensions they must install for the subdivision. 17 SECTION 15: Water or Recycled Water Pipeline Extensions for Length of Property Frontage 1 R A subdivider, contractor, or individual developer shall be required to install a water or iq recycled water pipeline extension to the external limits of his property line along the entire front of his property abutting upon the water or recycled water pipeline extension; 2Q except, when such person is the owner of a large undeveloped frontage, then in that event, the owner shall be required to install the water or recycled water pipeline 21 extension for a minimum frontage of seventy-five feet; provided, that all of the following conditions prevail: 22 (1) That the portion of the property being connected to the water or recycled water 23 pipeline shall totally contain the residence of the owner, together with sufficient side yard setbacks as required by applicable zoning law; (2) That sufficient area remains in the unconnected portion of the property in which 26 27 28 to construct one or more living units in accordance with the applicable zoning laws. •T) 1 ARTICLE VII 2 ESTABLISHING FEES FOR ENGINEERING SERVICES 3 SECTION 1: The Engineering Service Fees shall be established by resolution of the Board of Directors of the CMWD and are for the purpose of defraying the cost of 4 processing review, approval, and inspection of potable water and recycled water facilities, including pipeline and service line installation, replacement and relocation, 5 easements and quitclaims in connection with the development review process of the City of Carlsbad: 6 1. Policy. The City of Carlsbad's Engineering Department shall provide plan 7 checking services for potable and recycled water facilities to be constructed and added to the systems of the CMWD at a charge of estimated cost of providing such services. 8 2. Fees. The fees to review improvement plans related to CMWD facilities shall be 9 charged based upon the estimated construction costs of the potable water and recycled water improvements, and all appurtenances only plus fifteen percent (15%) contingency 10 based on current City of San Diego Bond Unit Prices, as determined by the Public Works Director or his/her designee upon review of the plans submitted in connection 11 with any type of development within the CMWD. The fees shall be fixed and established by resolution of the Board of Directors of the CMWD. 12 3. Private Onsite Irrigation System. The private onsite irrigation system for a 13 proposed development shall be plan checked by the City's Planning Department and Engineering Department. A plan check fee shall be paid to cover the City's cost to 14 review and approve the plans of the private onsite irrigation system. The County of San Diego Environmental Health Department also will review all private onsite irrigation plans where recycled water is proposed to be used for irrigation. A separate Plan Check 16 fee shall be submitted to the County of San Diego, together with the landscape construction drawings and City's application form. 17 SECTION 2: Adjustment of Fees by Resolution 18 The City of Carlsbad's Finance Department, on behalf of CMWD, shall periodically 19 review the fees charged for engineering services to ensure that the fixed fees do not exceed the estimated costs of providing the services, and are fair and appropriate. Adjustments to the fixed fees may be made at any time by resolution, but shall be 21 adjusted annually by a ratio using the Engineering News Record construction cost index for Los Angeles. 22 SECTIONS: When Paid 23 All fees to review improvement plans, easements or quitclaims are paid upon initial 24 submittal to the City of Carlsbad. For improvement plans, the Applicant is responsible to pay an initial plan check fee that is based on the cost estimate submitted (Valuation) 25 with the initial submittal. By the end of the plan check process of improvement plans, 26 this Valuation may increase or decrease from the initial Valuation, thereby changing the plan check fee that would be due. Near the end of the plan check process and prior to 27 28 1 the plan approval, the Applicant is responsible to pay the balance of plan check fees or receive a refund for excess fee paid, depending on the Valuation change. 2 Prior to issuance of a right-of-way permit to construct the improvements, the Applicant 4 FIRE HYDRANTS 3 shall pay inspection fees that cover the inspection of CMWD improvements. ARTICLE VIII 5 6 7 SECTION 1: Use of Fire Hydrants - Generally 8 Fire hydrants are provided for the sole purpose of providing connections for the g extinguishing of fires, and shall be opened and used only by the CMWD and City of Carlsbad Fire Department or such persons as shall be authorized to do so by the Executive Manager of the CMWD. 11 SECTION 2: Regulation of Water Supply from a Fire Hydrant 12 Persons wishing to take a supply of water from a fire hydrant must make application to the City's Engineering Department for such service by applying for a water meter permit 13 to obtain a construction meter. The CMWD will make the necessary connections and install a meter of required size upon payment of a deposit fee and a rental fee in effect at the time of issuance of water meter permit. 15 SECTION 3: Replacing Cap After Use 16 Every person authorized to open a fire hydrant shall replace the cap on the outlet when 17 the same is not in use, and leave the hydrant in as good condition as when found, and such officer or person shall report to the CMWD or the Fire Chief of the City of Carlsbad 18 any leaks or breaks or damage to the fire hydrant immediately upon discovery. 1Q SECTION 4: Use of Fire Pipeline for Other than Fire Purposes 20 No fire pipeline shall be used for any purpose other than for the extinguishment of fire, 21 unless the same is equipped with a construction meter, in which event there shall be a charge for the water used, together with the cost of the construction meter. 22 SECTION 5: Private Fire Lines, Etc.; Service Connections 23 Where a privately owned fire line is used for fire purposes only, and is connected to an automatic fire extinguishing system or other standard fire hydrant, the owner shall pay 25 for all service connections from the CMWD water pipeline to the above ground double check valve assembly or approved check valve and backflow preventer assembly. 26 27 28 1 ARTICLE IX 2 CROSS-CONNECTION CONTROL PROGRAM 3 4 SECTION 1: Purpose of Provisions 5 The purpose of this Article is to: 6 (1) Protect the public water supply against actual or potential contamination through cross-connections by containing within the customer's system, sources of 7 contamination that may occur within a customer's premises because of some undiscovered or unauthorized cross-connection on the premises; 8 (2) To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or 9 pollution of the District's potable and recycled systems. 10 SECTION 2: Adopted by Reference 11 Article I of Group 4 of subchapter 1 of Chapter 5 of Title 17 of the California Administrative Code entitled "Drinking Water Supplies" (17 CAC Section 7583 et seq.) 12 relating to the implementation of the cross-connection program and provisions for backflow protection, testing and maintenance of records of locations, tests and repairs of backflow prevention devices and its successor regulations within the code are 14 adopted by reference and supplemented and implemented by this chapter. 15 Backflow testing requirements and passing test criteria shall be determined in accordance with the most recent requirements and/or recommendations of the 16 California Department of Public Health's approved laboratory. 17 The California Regional Water Quality Control Board, San Diego Region, issues Orders that regulate recycled water use site conditions and inspection requirements within 18 CMWD. All requirements of the current Order shall be deemed part of this Article. 19 SECTION 3: Backflow Prevention Assembly Removal 20 Approval must be obtained from the CMWD before a backflow prevention assembly is removed or relocated.21 (1)The use of an assembly may be discontinued and the assembly removed from 22 service upon presentation of sufficient evidence to the CMWD to verify that a hazard no longer exists or is not likely to be created in the future. The CMWD shall make the determination of whether a hazard exists. 24 (2) An assembly may be relocated following confirmation by the CMWD that the relocation will continue to provide the required protection and satisfy installation 25 requirements. A retest, performed at the customer's cost, will be required following the relocation of the assembly. 26 (3) An assembly may be removed for repair, provided the water use is either discontinued until the repair is completed and the assembly is returned to 27 service, or the service connection is equipped with other backflow protection 28 1 approved by the CMWD. A retest, at the customer's cost, will be required following the repair of the assembly. 2 (4) An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed and retested at the 3 customer's cost. All replacement assemblies must be approved by the CMWD. 4 SECTION 4: Site Supervisor 5 (1) At each premise where recycled water is used or where it is necessary in the 6 opinion of the CMWD, a site supervisor shall be designated by and at the expense of the customer. This site supervisor shall be responsible for complying 7 with applicable rules and regulations relating to recycled water use, monitoring of backflow prevention assemblies and for avoidance of cross-connections. 8 (2) The site supervisor shall attend CMWD approved training in the use of recycled water. The site supervisor shall be responsible for monthly tailgate trainings as well as training of new employees prior to their assignment to a recycled water 10 use site. Documentation of these trainings will be required to be available during the annual walk through inspection. 11 (3) In the event of the potential for contamination or pollution of the either the public or the customer's potable water system due to a cross-connection on the 12 premises, the CMWD shall be immediately notified by the site supervisor so that appropriate measures may be taken to overcome the contamination. 13 (4) The customer shall inform the CMWD of the site supervisor's identity (name, address and telephone number) on an annual basis and whenever a change occurs. 15 (5) Failure to comply with site supervisor requirements may result in discontinuance of water service. 16 SECTION 5: Water System Survey 17 (1) Backflow prevention assemblies will be required per the current edition of the 18 City of Carlsbad Engineering Standards. These backflow assemblies shall be tested by a tester who meets the requirements for a backflow assembly tester per this ordinance upon installation at the customer's cost. The test must meet 20 passing criteria as stated in Section II of this ordinance. (2) The CMWD may require an on-premise inspection to evaluate cross-connection 21 hazards. The Public Works Director will transmit a written notice requesting an inspection appointment to each affected customer. Any customer who cannot or 22 will not allow an on-premise inspection of his piping system shall be required to install the backflow prevention assembly the CMWD considers necessary. 23 (3) The Public Works Director may, at his/her discretion, require a re-inspection for cross-connection hazards of any premise to which it serves water. The CMWD 4 will transmit a written notice requesting an inspection appointment to each 25 affected customer. Any customer who cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow 26 prevention assembly the Public Works Director considers necessary. In addition, the CMWD may use any lawful procedure to enter and inspect any premises. 27 28 1 SECTION 6: Customer Notification-Assembly Installation 2 (1) The Public Works Director will notify the customer of the survey findings, listing the corrective actions to be taken if any are required. A period of thirty days will be given to complete all corrective actions required including the installation of 4 backflow assemblies and passing test results submitted to the CMWD. Backflow assembly installation standards will be in accordance with the current edition of 5 the City of Carlsbad Engineering Standards. (2) A second notice will be sent to each customer who does not take the required 6 corrective actions prescribed in the first notice within the thirty calendar days allowed. The second notice will give the customer a two-week period to take the 7 required corrective action. (3) A third and final notice shall be sent to each customer who does not take the 8 required corrective action as prescribed in the first two notices. The final notice g will give the customer ten days to take the required action. If the customer fails to complete the corrective action within the ten day period, the CMWD shall 10 terminate water service to the affected customer until the required corrective actions are taken and the customer has paid all applicable fees associated with 11 water service termination. 12 SECTION 7: Retrofitting Fire Protection Systems with Backflow Prevention 13 Assemblies 14 Upon any modification to existing fire protection systems that are not currently protected 15 by either a reduced pressure principle detector assembly (RPDA) or a double check detector assembly (DCDA) the CMWD will require the fire service supply line be 16 retrofitted with either a DCDA or an RPDA when any of the following occurs: 17 (1)Any change in the fire protection water supply that would require an upgraded increase in the fire service supply line; 18 (2) Any renovation work to a structure or structures, involving changes and/or additions to the fire sprinkler system, which require an increase in the minimum approved fire flow requirements from the underground fire service supply line; 20 (3) When a leak is detected in the underground backflow swing-check valve, requiring replacement; 21 (4) Any failure in the Post Indicator Valve system, which would require more work than the standard maintenance procedures, 22 (5) Anytime a fire service supply line for an existing fire protection system fails, including maintenance, testing, and seismic failures, and the fire protection 23 system shall be retrofitted with approved backflow prevention assemblies. In all cases of a retrofit, the fire protection system shall be hydraulically calculated to 25 meet the minimum fire flow demand of the fire sprinkler system. This determination shall be based on compliance with the National Fire Protections Association's standard 26 for minimum design and water flow requirements for sprinkler systems. 27 28 1 The CMWD shall determine the degree of hazard to determine whether the fire service is retrofitted with a DCDA or an RPDA. 2 Detector assemblies will be installed per the current edition of the City of Carlsbad Engineering Standards. 4 SECTION 8: Customer Notification-Testing and Maintenance 5 (1) The Public Works Director will notify each affected customer in writing thirty days 6 prior to the due date that the backflow prevention assembly installed on their service connection must be tested, repaired if necessary and then retested. This 7 written notice provides the customer with the necessary form to be completed and resubmitted to the CMWD. The customer shall have a certified tester 8 perform the test and document the results of the testing on the prescribed form. g The customer is responsible to ensure that the completed form is returned to the CMWD in the prescribed time frame. Tests that do not meet passing criteria will 10 not be accepted. (2) A second notice shall be sent to each customer who does not have the backflow 11 prevention assembly tested as prescribed in the first notice within the thirty calendar day period allowed. The second notice will give the customer a two- 12 week period to have the backflow prevention assembly tested with passing test criteria. 13 (3) A third and final notice shall be sent to each customer who does not have the backflow prevention assembly tested as prescribed in the first two notices. The final notice will give the customer ten days to have the backflow prevention 15 assembly tested with passing criteria. If no action is taken within the ten day period, the CMWD shall terminate water service to the affected customer. Water 16 service shall not be reactivated until the customer has paid all applicable fees associated with water service termination and until the CMWD has been notified 17 by an approved tester that they have been contracted to perform the backflow assembly test. The CMWD will make an appointment with the tester to restore 18 water service so that the test may be performed. Any needed repairs and a passing re-test must be performed within 5 business days or water service will be discontinued, with all applicable fees being reapplied. 20 SECTION 9: Water Service Termination 21 (1) When the CMWD encounters water uses that represent a clear and immediate __ hazard to the potable water supply that cannot be immediately abated, the District shall institute the procedure for discontinuing the CMWD water service. (2) Conditions or water uses that create a basis for water service termination shall include, but are not limited to the following items: (a) Refusal to install a required backflow prevention assembly; (b) Refusal to test a backflow prevention assembly; (c) Refusal to repair a faulty backflow prevention assembly; (d) Refusal to replace a faulty backflow prevention assembly; (e) Direct or indirect connection between the public water system and a sewer26 line; (f) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants; 28 1 (g) Unprotected direct or indirect connection between the public water system and an auxiliary water system; 2 (h) A situation which presents an immediate health hazard to the public water system. 3 (3) For conditions (a), (b), (c) or (d), the CMWD will terminate service to a customer's premise after three written notices have been sent specifying the 4 corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period water service shall be terminated. 5 The water service will remain inactive until correction of violations has been approved by the CMWD and payment received for all applicable fees associated 6 with water service termination. (4) For conditions (e), (f), (g) or (h), the CMWD will take the following steps: 7 (1) Make reasonable effort to advise customer of intent to terminate water service; 8 (2) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the g CMWD and payment received for all applicable fees associated with water service termination. 10 SECTION 10: Requirements for Backflow Prevention Assembly Testers 11 (1) Competency in all phases of backflow prevention assembly testing and repair 12 must be demonstrated by means of education and/or experience in order to obtain certification. 13 (2) The following are minimum requirements: a. Applicants shall hold and submit a copy to the CMWD of a valid backflow 14 prevention assembly tester certificate from the American Water Works Association (AWWA) California-Nevada Section, American Backflow Prevention Association (ABPA), or have equivalent certification in the 16 opinion of the CMWD and the California Department of Public Health. b. All backflow testers shall submit to the CMWD current gauge calibration 17 certificates for test kits to be used within the CMWD service area. Gauges must undergo an annual calibration check. The tester shall be 18 responsible for the competency and accuracy of all tests and reports prepared by him/her. 19 (3) A tester may have his/her testing privileges revoked or suspended by the CMWD for improper testing, repairs and/or reporting. 20 SECTION 11: Recycled Water Use 21 (1) Recycled water use sites inspections will be performed per the requirements of22 the State of California, - Department of Public Health, County of San Diego Department of Environmental Health, California Regional Water Quality Control 23 Board, San Diego Region, or other regulatory agency or as determined by the CMWD. (2) The recycled water user shall provide the CMWD with an accurate set of 25 controller charts. The chart is to be a reduced drawing of the as-built system. The chart shall use a different color to show the area of coverage for each 2Q station. 27 28 1 SECTION 12: Fees 2 Fees to implement, maintain, administer and enforce this chapter shall be established by resolution of the CMWD Board. 3 SECTION 13: Violations4 It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person violating any of the provisions or failing to comply with any of the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment in 7 the county jail for a period not exceeding six months, or by both. 8 SECTION 14: Severability 9 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be invalid, such decision shall not 10 affect the validity of the remaining portions of this chapter or any part thereof. The Board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective of the fact that any one or more 12 sections, subsections, subdivision, paragraphs, sentences, clauses, or phrases be declared invalid. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ARTICLE X 2 ESTABLISHING PROCEDURES FOR WORK IN THE CMWD RIGHT-OF-WAY3 4 SECTION 1: Title 5 This article may be cited as the "Right-of-Way Permit" and "Encroachment Agreement." 6 SECTION 2: Definitions 7 The following words shall have the following meanings and set out in this article 8 (a) "Encroachment" means and includes any tower, pole, pole line, pipeline, fence, billboard, stand or building, or any structure or pavement of any kind or character whether or not it is particularly mentioned in this subsection, which is placed in under or 10 over any portion of a CMWD right-of-way. (b) "Right-of-Way" means any CMWD real property easement, CMWD 11 interest in real property or public utility easement used by the CMWD. (c) "Plans" means the document developed and approved by the Public 12 Works Director describing the nature and extent of works proposed to be constructed or carried out on a CMWD right-of-way. 13 (d) "Specification" means the Standard Specifications used for public works construction (current edition including supplements) written and promulgated by the Southern California Chapter of American Public Works Association and Southern 15 California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated or other such specifications 16 noted on approved plans including CMWD standard drawings and specifications. (e) "Standard Drawings" means the standard drawings of the Carlsbad 17 Municipal Water District, adopted and revised by the Public Works Director and most recently adopted San Diego Regional Standard Drawings. 18 SECTION 3: Public Works Director's Authority and Responsibilities I y 20 This article shall be administered by the City of Carlsbad's Public Works Director who shall have the responsibility and authority to: 21 (a) Establish the form and procedures for application for encroachment permits required pursuant to this article including the certification of completed 22 applications, the approval of plans, the establishment of files, collection of fees and security deposits; 23 (b) Interpret provisions of this article and advise the public regarding requirements for plans, specifications, and special provisions for facilities or encroachments subject to the provisions of this article; 25 (c) Establish the format and content of plans and standards governing work on facilities or encroachments pursuant to the provision of this article; 26 (d) Issue permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare; 27 28 1 (e) Amend any permit issued when determined that such amendment is necessary to provide for the safe and efficient movement of traffic, or protect CMWD 2 facilities, persons or property. 3 SECTION 4: Permits-Required 4 No person shall do any of the following acts without first obtaining a valid right-of-way 5 permit and encroachment agreement; (a) Make or cause to be made excavation or opening, fill or obstruction in, 6 over, along, across, or through any CMWD right-of-way for any purpose whatsoever; (b) Construct or repair or cause to be constructed or repaired any curb, 7 sidewalk, gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter, wheelchair ramp, structure, planter, wire, pipe, or vault over, 8 along, across, overhanging or through any CMWD right-of-way; (c) Plant, any tree, plant shrub or flower within any CMWD right-of-way. (d) Construct or modify or cause to be constructed or modified, any storm I o drain or conveyor of drainage of waters and appurtenance items within a CMWD right- of-way, except for drainage by controlled surface flow. I1 (e) Modify, alter or deface any block wall on or adjacent to a CMWD right-of- way. 12 (f) Enter into or exit from any CMWD right-of-way at any location not approved and constructed as a driveway. 13 SECTION 5: Application for Right-of-Way Permit or Encroachment Permit 15 (a) Any person proposing to do any of the acts described in Section 4 of this article shall make an application for a 1) right-of-way permit and if required 2) 16 Encroachment Agreement to the Public Works Director. (b) The following information shall be included in the application; 17 (1) The location, nature, and extent of work to be performed; (2) The proposed date when such work shall be commenced; 18 (3) The proposed date when the work shall be completed; (4) Such other information as may be required by the Public Works 9 Director; 20 (c) The Public Works Director may require the application to contain an encroachment agreement if deemed necessary due to the size duration, and/or nature 21 of the encroachment. The encroachment agreement shall: (1) Require the encroachment to be placed and maintained in a safe 22 and sanitary condition; (2) Require removal of the encroachment by the permittee upon 23 reasonable demand by the Public Works Director; (3) Allow the CMWD to remove the encroachment and place a lien on 24 the property if the permittee does not remove the encroachment in a reasonable time period; 25 (5) Allow for the removal of the encroachment by the CMWD during the performance of any emergency repairs without liability to the CMWD for damages; 26 (6) Require adequate security of performance of such promise; (7) Require indemnification of the CMWD in accordance with Section 27 16 of this ordinance; 28 1 (8) Be in a form acceptable to the General Counsel. 2 SECTION 6: Permits-Requirements of Plans 3 If, in the opinion of the Public Works Director, the work proposed to be done requires the making of plans or setting of stakes, or both, the Public Works Director may 4 require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the California Department of Consumer 5 Affairs. The plans shall be reviewed by the Public Works Director or designee and shall pay the necessary fees in accordance with Article VIM. The Applicant shall bear all costs 6 to prepare and process said plans. 7 SECTION 7: Permits—Commencement and Completion of Work 8 Every permittee shall commence work as stipulated in the permit application and diligently pursue the work to completion without interruption within the time period 9 specified in the permit. A Permit issued under this ordinance may be limited to a period of time as specified in the permit. 10 SECTION 8: Permits—Requirements for Performance of Work 11 (a) The permittee shall perform the work in a timely manner, in accordance with 12 applicable plans, specification and CMWD standards and to the satisfaction of the Public Works Director. 13 (b) No person shall cause any improvement or appurtenant work to be performed on any CMWD right-of-way by any person other than a licensed contractor or 14 a public utility. (c) All work shall be inspected by the representative as follows: 15 (1) No person shall prevent or obstruct the CMWD representative in making any inspection authorized by this ordinance or in taking any sample or in making 16 any test; (2) Inspection requests must be made with twenty-four hour notice to 17 the CMWD. (3) All work not in conformance with approved plans and specifications 18 is subject to rejection by the CMWD. (4) Request for final inspection shall be made in writing. 19 (d) As the work progresses, the CMWD right-of-way shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All 20 construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which 21 existing before such work began. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee. Upon failure of the permittee to clean the area, the CMWD may proceed with cleanup and removal of the material or 23 obstruction in accordance with procedures identified in Section 14 of this article. 24 SECTIONS: Permits—Acceptance of Work 25 If the Public Works Director, by survey or by inspection or by both, determines that the work has been completed according to the requirements of this ordinance and the 26 permit, he shall issue a certificate of acceptance, which shall contain a statement of the location, nature, and extent of the work performed under the permit. 28 1 SECTION 10: Permits—Denial and Revocation 2 (a) The CMWD may deny the issuance of a right-of-way permit to any person who refuses or fails to comply with the provision of this ordinance, who is indebted to 3 the CMWD for past permit violations, or who in the judgment of the Public Works 4 Director has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety. 5 (b) The Public Works Director may deny the issuance of a right-of-way permit to any person who refuses to execute an encroachment agreement as required by 6 Section 5. (c) Any permittee found in violation of the conditions of permit or the 7 provisions of this ordinance shall be given a written notice to comply, stipulating the violation. Upon receipt of the notice to comply, the permittee shall take action to correct 8 the condition of violation within the period stipulated in the notice. If, within the period, appropriate measures have not been implemented, the CMWD may revoke the permit and take any measures required to secure the work site or return the work site to its 10 original condition. The cost of such work may be collected from the permittee. (d) A revoked permit may be reinstated if the permittee demonstrates to the 11 satisfaction of the Public Works Director that work will be continued in conformance with the permit and the provisions of this ordinance. 12 (e) The Public Works Director shall require, as a condition of the permit, reinstatement of payment of all charges incurred by the CMWD as a result of permit 13 revocation including a five hundred dollar ($500) penalty for violation of the provisions of this article. 15 SECTION 11: Appeal Procedure 16 (a) Any person aggrieved by any decision of the Public Works Director with respect to the issuance, revocation, or refusal to issue a right-of-way permit may appeal 17 to the Board of Directors by filing a notice of appeal with the Secretary of the Board within ten calendar days after the date of the decision of the Public Works Director. 18 Appeals shall be in writing and shall state the basis for the appeal. Fees for filing an appeal shall be in amount established by resolution of the Board of Directors. The decision of the Board of Directors shall be final. 20 (b) The Secretary shall thereupon fix a time and place for hearing such appeal. The secretary shall give notice to the appellant and applicant/permittee of the 21 time and place of hearing by serving the notice personally or by depositing it in the United States Post Office postage prepaid, addressed to such persons at their last 22 known address unless otherwise requested in the notice of appeal. (c) The Board of Directors shall have the authority to determine all questions 23 raised on such appeal. 24 SECTION 12: Encroachment and Right-of-Way Application and Permit Fees 25 Encroachment application and right-of-way permit fees shall be charged by the CMWD 26 for the processing of an encroachment application and the issuance of a right-of-way permit. The fees shall be established by resolution of the Board of Directors for the 27 CMWD, for the purpose of defraying the cost of processing an application, issuing the 28 1 requested permit, inspection of works completed under the permit and other costs of administrating this ordinance. The fees shall be paid at the time of application. 2 SECTION 13: Performance Deposits O (a) As a condition of issuance of a right-of-way permit, the Public Works Director may require posting of a cash deposit or an equivalent security in a form acceptable to the General Counsel. The Applicant shall post a security for 100% of the5 bond amount for performance, and 50% of the bond amount for labor and materials totaling 150% of bond amount. The cash deposit may be used at the discretion of the6 Public Works Director to provide for restoration of CMWD facilities or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely manner to provide for the public health, safety or welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work8 contemplated under the permit. (b) The amount of the deposit shall be established by the Public Works9 Director. (c) Upon completion and acceptance of work under permit, any funds unused1 ° shall be refunded to the Applicant and any other bonds or security instruments shall be released.1' (d) If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the protection of the public interest in the public places, the Public Works12 Director may require an additional deposit or an increase in the security in such amount as he determines necessary. The permittee shall, upon demand, deposit the additional13 cash or security. (e) Upon failure or refusal to pay, the Public Works Director may revoke the14 permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction, until such deficiency is paid in full, no other permit shall be issued to such 15 permittee. 16 SECTION 14: Placement of Materials or Obstruction of CMWD Right-of-Way 17 (a) No person shall place or maintain any material or any obstruction or impediment to travel in or upon any CMWD Right-of-Way without a permit to do so. 18 (b) Persons violating provisions of this Section 8(d), or Section 15(a) shall be issued a notice of removal and given a specified time to remove such material,19 obstruction or impediment. Any failure to comply with the notice is unlawful and a public nuisance endangering the health, safety and general welfare of the public. In addition to20 any other remedy provided by law for the abatement of such public nuisance, the Public Works Director may, after giving notice, cause the work necessary to accomplish the21 removal. The costs thereof may be assessed against the owner or owners of the project creating the obstruction. 22 (c) Notice of removal shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property creating the23 obstruction at the address shown on the assessment roll. Notice shall also be sent to any person known to the Public Works Director to be responsible for the nuisance. The24 Public Works Director shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to25 post or mail or correctly address any notice. The notice shall particularly specify the, work required to be done and shall state that if the work is not commenced within26 twenty-four hours after receipt of such notice and diligently prosecuted (without interruption) to completion, the CMWD shall cause such work to be done, in which case27 the cost and expense of such work, including incidental expenses incurred by the 28 1 CMWD, will be assessed against the property or against each separate lot and become a lien upon such property. 2 (d) If upon the expiration of the twenty-four hour period provided for in subsection (c) of this section, the work has not commenced or is not being performed with 3 diligence, the Public Works Director shall proceed to do such work or cause such work to be done. However, the CMWD may proceed to remove the encroachment immediately and without notice to the owner if removal of the encroachment is 5 necessary to make emergency repairs to CMWD facilities. (e) Upon completion of such work, the Public Works Director shall file written 6 report with the Board of Directors setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against 7 which cost is to be assessed. The Board of Directors shall thereupon fix a time and place for hearing protest against the assessment of the cost of such work. The Public 8 Works Director or the Secretary of the Board, if so directed by the Board, shall thereafter give notice in writing to the owners of the project in the manner provided in 9 subsection (c) of the hour and place that the Board of Directors will pass upon the 1Q Public Works Director's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment. 1 <| (f) Upon the date and hour set for the hearing of protests, the Board of Directors shall hear and consider the Public Works Director's report and all protests, if there are 12 any, and then proceed to confirm, modify or reject the assessments. (g) A list of assessments as finally confirmed by the Board of Directors shall be 13 sent to the City of Carlsbad Finance Department for collection. If any assessment is not paid within ten days after its confirmation by the Board of Directors, the secretary shall 14 cause to be filed in the office of the county recorder a notice of lien, substantially in the following form:15 16 NOTICE OF LIEN 17 Pursuant to Carlsbad Municipal Water District (Ordinance No. ), the Carlsbad Municipal Water District did on the day of , 20 , cause 18 maintenance and report work to be done in the CMWD right-of-way for the purpose of abating a public nuisance caused by activities related to construction at the property 19 described below. The Board of Directors of the Carlsbad Municipal Water District did on the day of , 20 , by its Resolution No. assess 20 the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the Carlsbad Municipal Water21 District does hereby claim a lien upon said real properly until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this22 instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly _4 described as follows: 25 (Description of property) 20 Dated this day of , 20 . 27 Secretary of the Board, Carlsbad Municipal Water District 28 )\ 1 (h). From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is 2 made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all 3 interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have 4 priority over all contractual liens and all fixed special assessment liens, which may thereafter be created against the property. From and after the date of recordation of 5 such notice of lien, all persons shall be deemed to have notice of the contents thereof 6 SECTION 15: Relocation of Structures—Removal of Encroachment 7 (a) The Public Works Director may require any permittee, who pursuant to a duly issued right-of-way permit under this ordinance, has performed construction work 8 or placed and maintained any encroachment, to remove or move the encroachment at the permittee's own cost and expense to such different location as is specified in a 9 written demand of the Public Works Director, whenever such move is necessary to ensure the safety and convenience of the public or facilitate construction . The Public 10 Works Director shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation 11 within the time specified in the demand and thereafter diligently prosecute the same to completion. If permittee fails to diligently remove the encroachment, the Public Works 12 Director may proceed under Section 14 of this Article. (b) The CMWD shall have the right to relocate or remove any encroachment 13 in response to an emergency condition requiring immediate repair, without the notification of the permittee or the owner of any encroachment into a CMWD right-of- 14 way. 15 SECTION 16: Holding CMWD Harmless-Insurance 16 The applicant for a permit, as a condition to receiving a permit shall sign a statement that he agrees to indemnify and hold harmless the CMWD and each officer and 17 employee thereof, from any liability or responsibility for death or injury to persons and loss or damage to property happening or occurring as a result of the design or 18 performance of any work undertaken under any permit granted pursuant to the application. The applicant may be required to provide proof of liability insurance in an 19 amount set by a resolution of the Board and may be requested to name the CMWD as an additional insured under the insurance policy. The insurance shall be provided by a 20 company satisfactory to the Risk Manager. Any deductible or self-insured retention under the insurance policy shall be in amount acceptable to the Risk Manager. 21 SECTION 17: CMWD Not Liable for Damage to Encroachment or Encroachment 22 Area 23 The CMWD shall not be liable for any damages whatsoever to the encroachment facilities or encroachment area when the damages are related in any way to the District's continued use of the right-of-way, or are as a result of the CMWD's 25 construction, use, repair, replacement or relocation of any CMWD facilities within the right-of-way. 26 27 28 1 SECTION 18: Exemptions 2 The CMWD and its employees, acting in their official capacity, are exempt from the requirements set forth in the ordinance. O 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the district secretary shall certify to the adoption of this ordinance and cause it to be 5 published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 6 7 8 9 '" 10 /// 11 /// 12 /// 14 /// 15 /// 16 17 18 19 20 >» 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and Carlsbad City Council on the 19th day of May, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and Carlsbad City Council held on the 2nd day of June, 2009, by the following vote: AYES: Board Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: RO>JALD R. BALL, General Counsel L0RRAINRM. WOOGf.Secretary (SEAW'-foL ^