HomeMy WebLinkAboutLeucadia County Water District; 1991-03-25;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
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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
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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.
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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";
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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
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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.
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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
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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
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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 3.2
r
i
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-