HomeMy WebLinkAbout1989-06-06; City Council; Resolution 89-174* 0 e
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:
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Section 1. Section 27 of the Basic Agreement shall be revised as follows (note that underlining indicates proposed additions and
strikeover indicates proposed deletions):
IISection 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. 33a-ch ~~rty tc thimciz Tag- Such ordinances, resolutions, rules and resulations shall- eemp4-y 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 &ky asencv having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. It
Section 2. Section 3.1 of Section 3 (TERMS) of the Thirty-Seventh Supplement to the Basic Agreement shall be revised as follows:
113. 1 Operator/Administrator. The parties hereby agree that Leucadia County Water District shall cease to be the Operator/Administrator ofthe 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 81A11, appoint the Encina Administrative Agency as the Operator/Administrator of the Joint System, and assign to the Encina Administrative Agency the seme duties and responsibilities formerlv 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:
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3.3.3 To employ agents and employees to administer,
manage, maintain and operate the Joint System:
3.3.4 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 metreatment requlations that corndv with federal and state pretreatment requlations. The resulations shall include technically based local limits, shall be followed by each party to the Basic Aqreement, shall aDDlv to industrial connections within the Encina service area that discharse or have the potential to discharqe into the Encina Joint System, and shall allow the Aqencv to take enforcement action aqainst discharqers that violate the resulations;
3.3.11 To review and amend the industrial pretreatment resulations from time to time as the need arises:
3.3.12 To imDlement all reauirements of the pretreatment resulations and all asDects of the Encina Joint Powers service area pretreatment proqram, includinq
permittins, inspection, monitorins, reportinq, and enforcement activities. except that industrial pretreatment permits shall be jointly issued bv the member agency in whose jurisdiction the discharqer is located and the Aqency;
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3.3.13 To charse and bill industrial discharsers for their respective share of the Asencv' s cost to imnlement the Pretreatment resulations, includinq application review, permit issuance, sampl ins,
monitorins, inspection, and enforcement costs.
If there is any inconsistency between the powers delegated herein and in the Basic Agreement, the latter shall control. I1
Section 4. A new Section 3.4 shall be added to Exhibit A of the Thirty-Seventh Supplement as follows:
'l3.4. Responsibilities of Parties ,Hereto. In addition
to any responsibilities defined elsewhere in the Basic Asreement. each Party hereto shall be responsible for each of the followins items needed to ensure fulfillment
of the AsencvIs responsibilities:
3.4.1 Each party hereto shall revise its sewer use
rules, resulations, and ordinances la) to ensure that such rules, resulations and ordinances do not conflict
with the Asencv's pretreatment resulations and lb) to
incorporate, by reference or otherwise, the Asencv
pretreatmentresulations and any future revisionsto said resulations.
3.4.2 Each party hereto shall assist the Aqency in identifvins discharsers that require pretreatment review and/or permittins. @I
Section 5. The existing Section 3.4 of Exhibit A to the Thirty- Seventh Supplement shall be revised as follows:
II3.95. 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 asreement shall become effective on the day of adoption of a resolution approvins the amendment bv the last of the sovernins bodies of the member asencies 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 & F~ll~wing advptivn vf these amendmentijI the BnGinc
Administrative Agency shall issue a clean copy of the amendec
portions of the Basic Agreement and its Supplements, deleting thc strikeover text shown herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit] Council held on the 6th day of June , 1989 by thc following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lars
NOES: None
ABSENT : None
ATTEST:
Aletha L. Raut