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HomeMy WebLinkAbout1989-06-06; City Council; 10054; Encina Industrial pretreatment programIPM AB* /tf 0&¥> IUITG 6-6-89 DEPT. ENC. TITLE: CENTRALIZATION OF ENCINA INDUSTRIAL PRETREATMENT PROGRAM DEPT. HD^feL CITYATJ^Gh CITYMGPci^rL oDCOU St o oo 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