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Home My WebLink About1988-09-27; City Council; 9656; Fortieth Supplement to the Basic Agreement of the Encina Joint Powers Authorizing the Encina Administrative Agency to Establish a Policy for Acceptamce or Rejection of Groundwater Cleanup Discharge9656 MTQ. Q-77-BB PEPT ENG. OF CARLSBAD — AGENQAvBILL hOKIltlH SUHPLtMLNI IU IHL BASIL HB£ AGREEMENT OF THE ENCINA JOINT POWERS AUTHO RIZING THE ENCINA ADMINISTRATIVE AGENCY TO ESTABLISH A POLICY FOR ACCEPTANCE OR REJECTION OF GROUNDWATER CLEANUP Zo RECOMMENDED ACTION: Adopt Resolution No.ftfr-Jff^' approving and authorizing the Mayor to execute the Fortieth Supplement to the Encina Joint Powers Basic Agreement establishing a policy for acceptance or rejection of groundwater cleanup discharge. ITEM EXPLANATION: Over a year ago, the Unisys Corporation, formerly Burroughs Company, of Carlsbad approached the staff concerning requirements to clean up the groundwater on a portion of their plant site located on Avenida Encinas. The proposed cleanup was due to groundwater contamination caused by a solvent storage area at their plant, and was being accomplished at the direction of the Regional Water Quality Control Board. Unisys had determined that the only acceptable disposal of the treated groundwater was the City sewer system. Unisys applied for a special discharge permit to the City. A permit was drafted subject to approval and the conditions imposed by Encina. Under the existing Basic Agreement, groundwater discharges are not allowed. The Fortieth Supplement is designed to allow such cleanup operations, but under strict review and control. The Supplement is an enabling document that allows the Encina Administrative Agency (EAA) to "establish a policy and procedure that shall be followed in considering any request by a party of the Encina Basic Agreement to authorize the discharge into the Encina Joint Sewer System of any groundwater cleanup discharge." Subsequent to adoption of the Fortieth Supplement, the Encina Administrative Agency and the Joint Advisory Committee will consider policies and procedures for processing requests such as Unisys'. FISCAL IMPACT: NONE EXHIBITS: 1. Fortieth Supplement to the Basic Agreement. 2. Resolution No. %S-.?7w approving the Fortieth Supplement to the Basic Agreement of the Encina Joint Powers. _ NOTE: Resolution 88-395 has been renumbered it was 88-349 Oz3 Oo w FORTIETH SUPPLEMENT TO THE BASIC AGREEMENT OF THE ENCINA JOINT POWERS AUTHORIZING THE ENCINA ADMINISTRATIVE AGENCY TO ESTABLISH A POLICY FOR ACCEPTANCE OR REJECTION OF GROUNDWATER CLEANUP DISCHARGE Ref.20.4851 This Fortieth Supplement to the Basic Agreement is entered into on this day of , 198 , by and among CITY OF CARLSBAD ("Carlsbad"), a general law city; CITY OF VISTA ("VISTA"), a general law; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water district; ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary district; and BUENA SANITATION DISTRICT ("Buena"), a county sanitation district. RECITALS This Supplement is entered into based on the following facts: A. Carlsbad, Vista, San Marcos, Leucadia, Encinitas, and Buena are parties to a Joint Powers Agreement commonly known as the "BASIC AGREEMENT" entered into on July 13, 1961, for the acquisition, construction, ownership, operation and maintenance of a Joint Sewer System. B. The Basic Agreement currently prohibits discharge of groundwater to the Encina Joint System. ,*•»"**> • . Ref: 20.4851.1 C. There has been and will be a need to clean up polluted groundwaters at various locations within the Encina service area. D. Requests have heretofore been made to the parties of the Joint Powers Agreement by certain contnercial dischargers of wastewater for authoriza- tion to discharge into the Encina Joint Sewer System groundwater that has been polluted and/or contaminated and has been required by Federal and/or State or local law to be cleaned up prior to discharge. E. There is a need to establish a policy to govern the acceptance or denial of any request by any discharger to discharge "cleanup" groundwater into the Encina Joint Sewer System. F. The individual parties to the Basic Agreement have responsibility for the issuance of sewer connection permits and for the quality of water discharged into the Encina Joint System. G. The Joint Powers have joint responsibility for the quality of effluent discharged from the EWPCF and desire that any requests for authoriza- tion to discharge cleaned up groundwater be processed using a common procedure. NOW, THEREFORE, THE PARTIES HERETO H3REE AS FOLLOWS: Section 1. The Encina Administrative Agency (EAA) shall be authorized to establish a policy and procedure that shall be followed in considering any request by a party of the Encina Basic Agreement to authorize the discharge into the Encina Joint Sewer System of any groundwater cleanup discharge. EAA also shall be authorized to review and amend the policy and procedure from time to time as the need arises. Ref: 20.4851.2 Section 2. Said policy and procedure shall require that the above-named public entity within whose service area the potential discharger is located shall: (a) Approve or reject the request based on the recommendation of EAA and, (b) If the request is approved, incorporate any and all conditions that may be required by EAA. Section 3. No request shall be approved unless: (a) the discharger and the polluted groundwater are within the Encina service area and within the jurisdiction of a party to the Encina Joint Powers Basic Agreement, (b) the discharger possesses a legal connection to the sanitary sewer of a party to said Basic Agreement, (c) said party has adequate capacity to accept the proposed flow, and (d) the discharger agrees to fully indemnify EAA and the Encina Joint Powers from any and all claims and/or damages arising out of or in connection with the discharge by discharger of cleaned up groundwater into the Hicina Joint Sewer System. Section 4. This Supplement may be executed in counterparts and when so executed said counterparts shall be deemed to constitute a single document. Ref:IC2.4851.3 Section 5. This Supplement shall become effective on the last day, month and year that a party hereto executes a counterpart of this Supplement. IN WITNESS WHEREOF, each party hereto has caused this Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Attest: Attest: By_ City Clerk By_ City Clerk CITY OF VISTA, Mayor CITY OF CARLSBAD, Major LEUCADIA COUNTY WATER DISTRICT, By President By_ Secretary SAN MARCOS COUNTY WATER DISTRICT, By President BUENA SANITARY DISTRICT, By President ENCINITAS SANITARY DISTRICT, By President 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 RESOLUTION NO. 88-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FORTIETH SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT AUTHORIZING THE ENCINA ADMINISTRATIVE AGENCY TO ESTABLISH A POLICY FOR ACCEPTANCE OR REJECTION OF GROUNDWATER CLEANUP DISCHARGE. BE IT RESOLVED by the City Council of the City of Carlsbad, California as fol1ows: 1. That the City of Carlsbad hereby approves and agrees to the Fortieth Supplement to the Encina Joint Powers Basic Agreement establishing a policy for acceptance or rejection of groundwater cleanup discharge. 2. That the Mayor of this City be, and is hereby, authorized to execute the Fortieth Supplement to the Basic Agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 27th day of September , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: fiUDE A. LEWIS/ Mayor ALETHA L. RAUTENKRANZ, City Clerk/ (SEAL) r*