HomeMy WebLinkAbout1989-06-06; City Council; 10054; Encina Industrial pretreatment programIPM
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IUITG 6-6-89
DEPT. ENC.
TITLE:
CENTRALIZATION OF ENCINA
INDUSTRIAL PRETREATMENT PROGRAM
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RECOMMENDED ACTION:
Council approve Resolution No.adopting amendments to the Encina Joint
Powers Basic Agreement centralizing the regulation and enforcement of Industrial
Pretreatment Program.
ITEM EXPLANATION:
In recent years, the Federal Environmental Protection Agency and State Water Quality Control
Boards have become more and more involved in the regulation, control and disposal of
potential toxic material on land and within our waters. Taken with this increased focus is an
effort to make regional publicly owned treatment work (POTW's), such as Encina, directly
responsible for the regulation of industry discharging to the treatment facility.
In the past, regulation of industry within the Encina basin was retained by each of the Encina
agencies. The Buena Sanitation District, Vista, San Marcos County Water District (Vallecitos).
and Encinitas enforced their own programs, Leucadia County Water District had limited
involvement and Carlsbad contracted with Encina and San Diego County to monitor our
program.
Each agency enforces varying standards, with little centralized coordination. More vigorous
regulatory control makes this approach no longer viable.
Under the proposed centralized program, all agencies will delegate full authority for the
adoption of regulations consistent with Federal and State guidelines and for implementation
of "all aspects of the Encina Joint Powers service area pretreatment programs, including
permitting, inspection, monitoring, reporting and enforcement activities." Pretreatment permits
will be jointly issued."
FISCAL IMPACT:
The proposed centralized program is projected to increase Encina's normal year budget from
$106,000.00 to $145,000.00. Carlsbad costs including funds currently paid to San Diego
County are expected to increase $10,000 from $48,000 to approximately $58,000. As the
program develops, Encina will attempt to recapture all administration costs from the users
resulting in a decrease of up to $50,000 as the fee program evolves.
Funding for the centralized pretreatment program is being incorporated in the 1989-90 Encina
Budget and will be approved as a part of the City's budget in June.
EXHIBrrS:
1 .Resolution adopting amendments to the Encina Joint Powers Basic
Agreement centralizing the regulation and enforcement of Industrial Pretreatment
Program.
RESOLUTION NO. 89-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
ADOPTING AMENDMENTS TO THE ENCINA JOINT POWERS BASIC AGREEMENT
CENTRALIZING THE INDUSTRIAL PRETREATMENT PROGRAM
Ref: 6892.1
WHEREAS, the City of Carlsbad is a party to the Encina Joint
Powers Basic Agreement entered into on July 13, 1961, for the
acquisition, construction, ownership, operation and maintenance of
the Encina Joint Sewer System; and
WHEREAS, the Federal Water Pollution Control Act of 1972, the
Clean Water Act of 1977 and amendments, the federal General
Pretreatment Regulations (40 CFR 403) of 1978 and amendments, the
California Code of Regulation (Title 23, Subchapter 9) and the
National Pollutant Discharge Elimination System permit for the
Encina Ocean Outfall require that the Encina Joint System service
area have an industrial pretreatment program that complies with
all federal and state regulations; and
WHEREAS, the Thirty-Seventh Supplement to the Basic Agreement,
executed August 1, 1988, created the Encina Administrative Agency
to administer, manage, operate and maintain the Joint Sewer System
but did not explicitly empower the Encina Administrative Agency to
enforce the Encina Joint System pretreatment program; and
WHEREAS, the General Pretreatment Regulations require that
the Encina Administrative Agency have the legal authority to
enforce the Encina Joint System pretreatment program; and
WHEREAS, the Encina Joint System pretreatment program and
sewer use ordinances must be brought into compliance with the
above-referenced regulations; and
WHEREAS, it is reasonable to charge and bill industrial
dischargers for their respective share of the pretreatment program
costs incurred by the Encina Administrative Agency; and
WHEREAS, there is a desire to centralize the Encina service
area pretreatment program.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad as follows:
tH *****
Section 1. Section 27 of the Basic Agreement shall be revised as
follows (note that underlining indicates proposed additions and
strikeover indicates proposed deletions):
"Section 27. RULES AND REGULATIONS CONCERNING USE OF
SEWERS.
Each party to this Basic Agreement shall adopt and
enforce ordinances, resolutions, rules and regulations,
concerning the type and condition of sewage and waste
permitted to be discharged into the sewers under their
control and shall prohibit persons and users of every
kind and nature (including public agencies of all types)
from discharging into such sewers any sewage or waste
which would be detrimental to the Joint System or any
part thereof. Each party to this Basic Agreement Such
ordinances, resolutions, rules and regulations shall also
comply be consistent with the applicable statutes,
ordinances, rules and regulations of agencies of the
United States of America, State of California, County of
San Diego and any city agency having jurisdiction over
the collection, transmission, treatment and disposal of
sewage and wastes."
Section 2. Section 3.1 of Section 3 (TERMS) of the Thirty-Seventh
Supplement to the Basic Agreement shall be revised as follows:
"3.1 Operator/Administrator. The parties hereby agree
that Leucadia County Water District shall cease to be
the Operator/Administrator of the Joint System, and shall
have no further responsibility for the administration,
operation, or maintenance of said system. The parties
hereby adopt the Joint Exercise of Powers Agreement
creating Encina Administrative Agency attached hereto as
Exhibit "A", appoint the Encina Administrative Agency as
the Operator/Administrator of the Joint System, and
assign to the Encina Administrative Agency the same
duties and responsibilities formerly assigned to the
Leucadia County Water District under the Eleventh
Supplement to the Basic Agreement."
Section 3. Section 3.3 of Exhibit A to the Thirty-Seventh
Supplement shall be revised as follows:
"3.3. Powers. The Agency shall have the following powers
as needed to fulfill the duties assigned it by the member
agencies pursuant to the Basic Agreement:
3.3.1 To administer, manage, maintain and operate
the Joint System in accordance with sound engineering
practices, including any buildings, works or improvements
comprising part of the Joint System and located either
inside or outside the boundaries of the member agencies;
3.3.2 To make and enter contracts in connection
with the administration, management, maintenance and
operation of the Joint System;
3.3.3 To employ agents and employees to administer,
manage, maintain and operate the Joint System;
3.1.4 To incur debts, liabilities or obligations
in connection with the administration, management,
maintenance and operation of the Joint System;
3.3.5 To sue and be sued in its own name, provided
that the Agency shall not commence or intervene in any
lawsuit without the approval of all of its member
agencies;
3.3.6 To acquire, hold, and dispose of such
equipment as may be reasonably necessary to the proper
administration, management, operation and maintenance of
sewage treatment and disposal facilities;
3.3.7 To file reports associated with the
administration, management, maintenance and operation of
the Joint System;
3.3.8 In an emergency, to reconstruct or cause to
be reconstructed such portions of the Joint System when
reconstruction is immediately required to permit the
Joint System to continue to function;
3.3.9 To maintain at all times with a responsible
insurer or insurers sufficient insurance against loss or
damage to the Joint System or portion thereof, workmen's
compensation insurance, and insurance against public
liability and property damage;
3.3.10 To adopt industrial pretreatment regulations
that comply with federal and state pretreatment
regulations. The regulations shall include technically
based local limits, shall be followed by each party to
the Basic Agreement. shall apply to industrial
connections within the Encina service area that discharge
or have the potential to discharge into the Encina Joint
System, and shall allow the Agency to take enforcement
action against dischargers that violate the regulations;
3.3.11 To review and amend the industrial
pretreatment regulations from time to time as the need
arises;
3.3.12 To implement all requirements of the
pretreatment regulations and all aspects of the Encina
Joint Powers service area pretreatment program, including
permitting. inspection, monitoring. reporting. and
enforcement activities. except that industrial
pretreatment permits shall be •jointly issued bv the
member agency in whose "jurisdiction the discharger is
located and the Agency;
3.3.13 To charge and bill industrial dischargers
for their respective share of the Agency's cost to
implement the pretreatment regulations. including
application review. permit issuance. sampling,
monitoring, inspection, and enforcement costs.
If there is any inconsistency between the powers
delegated herein and in the Basic Agreement, the latter
shall control."
Section 4. A new Section 3.4 shall be added to Exhibit A of the
Thirty-Seventh Supplement as follows:
"3.4. Responsibilities of Parties Hereto. In addition
to any responsibilities defined elsewhere in the Basic
Agreement, each party hereto shall be responsible for
each of the following items needed to ensure fulfillment
of the Agency's responsibilities;
3.4.1 Each party hereto shall revise its sewer use
rules, regulations, and ordinances fa) to ensure that
such rules, regulations and ordinances do not conflict
with the Agency's pretreatment regulations and (b) to
incorporate, by reference or otherwise, the Agency
pretreatment regulations and any future revisions to said
regulations.
3.4.2 Each party hereto shall assist the Agency in
identifying dischargers that require pretreatment review
and/or permitting."
Section 5. The existing Section 3.4 of Exhibit A to the Thirty-
Seventh Supplement shall be revised as follows:
"3.45. Effective Date. This agreement shall become
effective and the Agency shall be created on the first
day of the first month following authorization of the
execution of this agreement by the last of the governing
bodies of the member agencies. Any amendment to this
agreement shall become effective on the day of adoption
of a resolution approving the amendment by the last of
the governing bodies of the member agencies to so act.
In connection with the admission of any additional
public agency after formation of the agency, each of the
existing members and the prospective member or members
shall execute a memorandum specifying the obligations of
the prospective member for contributions toward past or
present Agency expenditures. The conditions of such
admission shall be governed by the Basic Agreement."
Section 6. The existing Sections 3.5 through 3.20 of Exhibit A to
the Thirty-Seventh Supplement shall be renumbered as Sections 3.6
through 3.21.
Section 7. These amendments shall become effective on the day of
adoption of a resolution approving the amendments by the last of
the governing bodies of the member agencies to so act.
Section 8. Following adoption of these amendments, the Encina
Administrative Agency shall issue a clean copy of the amended
portions of the Basic Agreement and its Supplements, deleting the
strikeover text shown herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council held on the 6th day of June , 1989 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
Cteude E. Lewis, ftayo
ATTEST:
. ^
Aletha L. Rautenkranz, City Clerk