HomeMy WebLinkAbout2018-02-27; Municipal Water District; ; Resolution authorizing the executive manager to provide termination notice to the Leucadia Wastewater District for the existing agreement Sale of Recycled Water to the CityThe existing agreement was not meant to be the instrument for a long term agreement, and
LWD has expressed interest in having a long term agreement. Staff believes that it is
appropriate to terminate the existing agreement as of Sept. 1, 2018, and meet with LWD
representatives to discuss potential terms for a new agreement. Therefore, CMWD staff
recommends providing LWD with written termination notice for the existing recycled water
purchase agreement, pursuant to Section 17 of said agreement.
Fiscal Analysis
The fiscal impact associated with terminating the existing agreement is dependent on the
possible outcomes discussed in the Next Steps section below. Maximizing CMWD ratepayer
value will be the primary metric used by staff when evaluating options.
Next Steps
CMWD staff will meet with LWD representatives to determine if mutually beneficial terms exist
for entering into a new agreement.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA, in that it has no potential to cause either a direct physical change
in the environment or a reasonably foreseeable indirect physical change in the environment.
This project, therefore, does not require environmental review.
Public Notification
The item was noticed in accordance with the Ralph M . Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Resolution authorizing the executive manager to provide termination notice to the Leucadia
Wastewater District for the existing agreement titled "Agreement for Sale of Recycled Water
to the City of Carlsbad by the Leucadia Wastewater District."
2. Copy of the "Agreement for Sale of Recycled Water to the City of Carlsbad by the Leucadia
Wastewater District."
Feb. 27, 2018 Item #6 Page 2 of 44
RESOLUTION NO. 1592
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD (CMWD), AUTHORIZING THE
EXECUTIVE MANAGER TO PROVIDE TERMINATION NOTICE TO THE
LEUCADIA WASTEWATER DISTRICT FOR THE EXISTING AGREEMENT TITLED
"AGREEMENT FOR SALE OF RECYLED WATER TO THE CITY OF CARLSBAD BY
THE LEUCADIA WASTEWATER DISTRICT":
EXHIBIT I
WHEREAS, the Carlsbad Municipal Water District (CMWD), provides potable and recycled water
to the customers within its defined service area; and
WHEREAS, the use of recycled water is recommended whenever appropriate, consistent with
health and safety codes, to minimize the demand on limited potable water supplies; and
WHEREAS, CMWD had access to limited supplies of recycled water in the early years of the
development of the Recycled Water Program; and
WHEREAS, on March 25, 1991, CMWD entered into an agreement (Agreement) with the
Leucadia County Water District to purchase recycled water. Leucadia County Water District
subsequently was renamed the Leucadia Wastewater District (LWD); and
WHEREAS, the term of the Agreement was for 20 years, expiring on March 25, 2011. Section 17
of the Agreement provided for the terms to continue on a year to year basis beyond the expiration
date until either party gives one-year written notice of its intention to terminate or renegotiate the
Agreement; and
WHEREAS, on May 22, 2012, the CMWD Board approved Resolution No. 1441 authorizing the
executive manager to provide termination notice to the LWD for the recycled water purchase agreement titled
"Agreement for Sale of Recycled Water to the City of Carlsbad by the Leucadia Wastewater District"; and
WHEREAS, on Sept. 10, 2013, CMWD entered into a five-year term agreement with LWD for
purchase of recycled water. Section 17 of the Agreement provided that either party may give 180 days
written notice of its intention to terminate the Agreement; and
WHEREAS, CMWD would like to terminate the existing Agreement as it was not meant to be
the instrument for a long term agreement, and LWD representatives have expressed interest in having
a long term agreement.
Feb. 27, 2018 Item #6 Page 3 of 44
EXHIBIT I
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD Board finds that it is in the best interest of the District to terminate the
existing Agreement, entitled "Agreement for Sale of Recycled Water to the City of
Carlsbad by the Leucadia Wastewater District," with the LWD.
3. That the Board hereby authorizes the executive manager to provide written 180-day
termination notice to the LWD consistent with the terms of the Agreement.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 27th day of February, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
Feb. 27, 2018 Item #6 Page 4 of 44
( (,
Ref 14 3829
Water Autho11ty 01 other governmental agency now available or availab1e at any
time durmg the term oftlus AGREEMENT for 1ccycled water purchased from
LEUCADIA
SEC1ION 11 PRICE OF RECYCLED WATER
Section 11 of the 1991 AGREEMENT IS deleted m 1ts entirety and 1eplaced with the
followmg
W ATFR DISTRICT shall pay LEUCADIA fo1 all recycled water delivered by
LEUCADIA pursuant to this AGRE£MENT m accordcmc.e with the followmg
schedule
Acre Feet (AF) Price per AF
Up to 200 AF $950
201 to 250 AF $900
251 to 300Af $850
351 AF 01 Greate1 $800
The pncmg schedule shall be adjusted once every twelve months based on the All Urban
Consumer Pnce Index for the Los Angeles area
SECTION 17 TERMINATION OF AGRFEMENT
Section 17 of the 1991 AGRhEMENT 1s deleted m its entrrety and replaced wrth the
followmg
The term of this AGRCEMCNT shall be five (5) years commencmg on
September 1 2013 subject to the ughts of the parties to an earhe1 termmat1on as
p1ov1ded in SECTION 18 hereof Thts AGREEMENT shall contmue rn force
from year to yeru after the cunent five (5) year te1m until either party gives one
hund1 ed eighty (180) days wntten notice to the other of its mtent10n to terminate
the AGREEMENT The AGREEMENT shall tennmate one hundred eighty (180)
days from the date upon which such written notrce 1s received unless the parties
agree otherwrse m wntmg
Except as amended herem the teuns and conditions of the AGREEMENT remam m full
fotce and effect
IN WITNE~S WHEREOF the p1rt1e'> hereto have caused this AGREEMENT to be
executed and be effective 011 September I 2013
2
Feb. 27, 2018 Item #6 Page 6 of 44
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, LEUCADIA 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 ~~~~-----~~~~~~~-
WHERE AS, 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 .liND 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.11 If applicable regulatory requirements
-2-
Feb. 27, 2018 Item #6 Page 9 of 44
-\
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 DIS'I'RICT 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.
-3-
Feb. 27, 2018 Item #6 Page 10 of 44
_/
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. 11 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. RECYCLED 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";
-4-
Feb. 27, 2018 Item #6 Page 11 of 44
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 qissolved 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 "D." 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/1) 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/1) 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/1 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
-5-
Feb. 27, 2018 Item #6 Page 12 of 44
' .
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.11
SECTION 11. PRICE OF RECYCLED WATER
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 1 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.
-6-
Feb. 27, 2018 Item #6 Page 13 of 44
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
b. LEUCADIA
General Manager
Carlsbad Municipal Water
District
5950 El Camino Real
Carlsbad, CA 92008
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
-7-
Feb. 27, 2018 Item #6 Page 14 of 44
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 nptice is received unless the parties agree otherwise, in
writing.
SECTION 18. EARLY TERMINATION
a. LEUCADIA 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 I
because of government regulations now in effect or hereinafter
imposed, LEUCADIA may terminate this AGREEMENT with no further
ob1igation 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
al1eged 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.
I~ 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
-8-
Feb. 27, 2018 Item #6 Page 15 of 44
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
.r -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 DisTRrCT'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
-9-
Feb. 27, 2018 Item #6 Page 16 of 44
,.
CALIFOR::IA kECIONAL WATER QUA.LITI COS'!ROL aOARD
SAN DIEGO ~ION
ORDEll NO. 87-82
~ASTE DISCHARGE REQUIR!l".E.YfS
FOR
LEUCA:>IA cou:~rt '.iA!ER DIStiUCT
roaEST i. GAFNER. il,\TER a.ECLAHATIC,~ PU.\'T
UEAR THE ctn OF CARLSSA.D
SAN DI EGO COtr.r.t
The California Reglonat Water Quality Control Board, San Jiego·aegion (herein-
after Regional Board), finds that:
1. On May 21, 1979, this Regional Boa~d adopted Order ~o. 7S-35t Waste
Discharge Requi~e:nanta for Le~:adia County water District Forest R.
Gajner 'ilate-;o .=?eclamation Plant :~·extt City of C.:z... ... z~aci. Order No. 79-35
esta~lis«e~ requireme~ts for the disposal oi treatec aooestic 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 Ad.de-ndum Modifying Order No. 79-3S to Allo.J for Reduc.zd
Flood Protection for the La. Costa Golf COUJ:'se Lake for tite Leucadia
County water District Foreat R. Gafner Water Beelar.ration Plant Near the
City of Carlsbad, San Diego County. Addendum No. l to Order No. 79-35
amended Discharge Specifications B.10 and B.11 as follows:
"10. All waste treatment, containaent and dis?osal
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 trea t!llent, contai:iaent and dis?osal
facilities with the exception of irri~ation areas
and the La Costa Golf Course reservoirt shall be
protected against erosion, overland runoff and
other impacts resulting froa a 100-year frequency
24-hour store."
AddenduQ No. 1 to Order Ho. 79-33 also added two ne~ Discharge
Specifications B.17 ar.d B.13 w.hich are as follows:
11 17. The La Costa Golf Course reservoir shall he at all
tioes ?rotected against erosion, floodin~, overland
runoff resulting fro~ a 2-year freGuea~y 24-hour storm.
"13. The discharger is prohibited froc discharging treated
~aste~ater effluent to the La Costa Golf Course
reservoir from Xovember 1 throu~h 3arch 30. ?rior co
EXHIBIT "A" Feb. 27, 2018 Item #6 Page 18 of 44
Order ~o. 87-82 -i-
Nove~ier 1, the dischirger shall c~=plete the 7-day
schec~le of withdrawing approximate1y 9S ?ercent of
the .astevater contained in the pond a~d replacing
the ~.stewater ~1th potable water as described in
the findings of this Addendum,"
3. As a part of the 'fY 1986/87 Waste Discharge Order Cpcate progra~. Order
~o. 79-35 and Acc~~dum thereto have been reviewed by Regional Soard
staff in accordan=e vith criteria established in the Administrative
Procedures Manual adopted by the State Water Resources Control Board.
As a result of this reviev, it has been deterained that no major
changes are necessary in the requirements established by Order ~o.
79-35 and Addeodu~ thereto. This Order, vhicb supersedes Order No.
79-35 and Addendum thereto, consolidates and makes ainor editorial
changes in the findings, requirements, and monitoring and reporting
program of Order No. 79-35 and Addendwn thereto. the findings which
follov are, for the most part, findings taken from Order No. 79-35
and Addendum thereto which outline the history of and basis for the
requirements establishe~ for the discharge of reclaiged waste~ater
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
(LC"•'D), submitted an incocplete Report of Yaste Discharge dated March 16,
1979, proposing to reactivate the existing Forest i. Gafner Water Reclama-
tion Plant to provide up to 0.75 million gallons per day (MGD) of
secondarily treated wastewater 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 infor~ation requested by staff,
the co~plete Report of Waste Discharge was accepted on May 10, 1979.
5. The LCVD proposes to operate the treatment plant siailar to the ganner it
was operated before it was taken out of service in 1975. Effluent froo
the plant would be chlorinated and pugped to a small lake in the La Costa
Golf Course; the lake would hold the effluent until being repumped for
irrigation.
6. Tbe LCWD reports that the treatment facility has been operational since
November 1977, treating between 0.35 and 0.75 MCD to provide flov
equalization for the existing (lov capacity) 12-inch and 14-inch force
mains to the Encina Joint Powers Regional Severage Agency {JPRSA) treatment
and disposal facilities. A new 24-inch rav se~age 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 vill 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.
. .
Feb. 27, 2018 Item #6 Page 19 of 44
....
Ord•r lo. 17-82 -)-
a. tb• LCWD report• that lf th• District do.1 aot contract vith th• la
Costa Land Co•pany for reclaimed vater YS. or if the contract 11
ter.inatcd in th• future, then the fail-s.tfc connection to the !ncin&
JPlSA ocean outfall would be used oo, coatioual baala.
9. · · ay·l•tter dated April 19, 1979, Mr. Lu tn111, General M&naaer, Enclna
JPRSA, reported that the Encina Joint Advisory Com111ittee considered the
question of use of the oc.e'an outfall .is a fail-safe effluent disposal
system for up1tream treatment plants. Mr. Evans reported that the
Collai.ttee unanimously agreed that the oceaa outfall could be utilized to
the extent of each agenc.ies' ovnership. the discharge by the LCllD to
the Pacific Ocean via the Encina Ocean Outfall is currently regulated
by this Regional ~oard's Order No. 84-35 (HPDES Permit No! CA0107395).
10. The LC'WD proposes to treat Green Valley area wastewater in the treatment
plant since this area produces wastewater vith a lower total dissolved
solids {TDS) concentration than the La Costa drainage portion of the
District. The LCWD reports that an efflueQt containing approximately
1,000 milligrams per liter (mg/1) would be produced. The LOlD reports
that existing Ordinance No. 10 prohibits tbe discharge of self-
regenerated water softener brine into the sewerage system thus helping to
ensure continued low TDS effluent.
11. l'he disch&rger reports that the golf course reservoir 'Ifill be protected from
flooding from a 100-year frequency stream flov in San Marcos Cre~ by a
gra11y earth berm. This feature would preTeot the reservoir contents from
entering San Marcos Creek and B.atiquito1 La.goon during •torm conditions.
12. The tc.m proposes to discharge solids collected and generated in the treat-
ment proceu to the new raw sewage force lllin for treatment at the Encina
JPI.SA'a treablent plant.
13. The discharger report• that the treataent plant would be upgraded vith the
installation of odor controlling coYe.n aroand the headvorka, the primary
clarifier, and tr.141 ing filter. Air frca these thrff covers 110Uld be
collected and treated in a soil filter bed to destroy offen1ive odor,. In
addition, back-up activated carbon odor rll90Tal facilities would be provided
as a fail-•afe odor control measure. The Leucadia Pump Station venb would
alto be piped to the air treatment facility.
14. The leport of Vaste I>1.1charge did not adequately addreH the vastevater
reuae area. Additional information needed includes •oil permeability,
wa,tewater application rates, sprinkler layout, detailed ~ucription of
are.u of uae, .and degree of public cont.act. The LC1il> has been informed of
the need for this additional information before the discharge can be
initiated. M a result, the Regional Board staff in cooperation vith the
S~te and County Real th Department 1trlfs rill review and approve· the spec:if ic
di1po1al concept•, including ability of the soil to acc:ept the diac:harge and
llhether the propoaed degree of treatment ii adequate. The I.CW ha• .been
notified that thi• information could reY~l that the diacharge to the golf
course cannot be initiated.
Feb. 27, 2018 Item #6 Page 20 of 44
Order No. 87-82 , -.. -
15. The discharger reports that ~ater is supplied to the area t~ibutary to
the recla~ation plant by the Olivenhain Municipal Water District.
16. The Forest R. G•fner ~ater ReclaQation Plant and La Costa Colf Course
are located ne.ar the banks of San Marcos Creek iomediately upstream of
Batiquitos Lagoon, Sections 35 and 36, Tl2S, R4~, SoB&M. The wastewater
reclamation project is located in an area with no ground water quality
objectives in the Batiquitos Hydrologic Subarea of the San Marcos Hydro-
logic Subunit of the Carlsbad Hydrologic Unit.
17. The Comprehensive •ater Qualit~ Control ?Zan Report, San Diego Basin {a)
(Basin Plan), was adopted by this Regional Board on Karch 17, 1975;
approved by the State Water lesources 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, 1984, and
December 16, 1985. The 1978, 1981, 1983, 1984 and 1985 updates were
subsequently approved by the State B~ard.
18. The Basin Platt established the following objectives for surface and ground
waters in the San Marcos Hydrologic Subunit:
Concentration~ not to be exceeded
more than 10 eercent of the time
Constituent Surface water Ground \later*
Total Dissolved Solids 500 r,.g/1 1000 mg/1
Chloride 250 mg/1 400 mg/1
Per-cent -Sodium 60 60
Sulfate 250 mg/1 500 mg/1
Nitrate 10 :ag/1
Nitrogen and Phosphorus ** Iron 0.3 cig/1
Manganese' 0.05 mg/1 0.05 mg/1
Methylene Blue Active Substances 0.5 mg/1 0.5 mg/1
Boron 0.5 mg/1 0.5 mg/1
Dissolved Oxygen *** Odor None None
Turbidity 20 NTU 5 HTU
Color 20 Units 15 Units
Fluoride 1.0 mg/1 1.0 mg/1
* The ground water objectives do not apply between Highway 78 and El
Camino Real. westerly of the easterly boundary of Interstate Highway 5
and to all lands which drain to Moonlight Creek and Encinitas Creek.
Note: NTU • Nephe1C'a9etric Turbidity Units
Feb. 27, 2018 Item #6 Page 21 of 44
. -OT4et' lo. 17•12
•• Concentratlon, ot nlcroc•n and pho1phoru1, by th .... tYe1 or ln
c011bln1tlon vlth other nutr\ents, shall be &1Lntalned at l1v1l1
below tho11 vhich 1tlaulat• ala•• and ... ra•nt plaat arovth.
Thr1,hold total pho1phoru1 (P) coaceatratioa1 atuill IOt 1xcltd
0.05 91/l lD any ttraaa at che point where it emtera any 1t1Delln1
body of water, aor 0.025 91/l la any 1candln1 bocl7 of v1t1r.
*** lin•t1 percent or 80ra of nacural 111,on.al •int .. 01711a coacea-
tratlon and 90r1 thaa 5.0 eg/1 aaiatained at least 9Q percent of
the time.
19. The 811ia Plan also coatains the follovina prohibitions applicable to
the propo11d discharge:
"Discharge of treated or untreated sewage or industrial
wastewater, exclusive of cooling water or other vaters
which are chemically unchanged, to a vatercourse, ls
prohibited except in cases where the quality of said·
discharge complies vith the receiving body's vater
quality objectives.
"Discharging of treated or untreated sewage or llldustrial
vastes in such manner or volume as to cause sustaiaed
surface flow or ponding on lands aot owned or under the
control of the discharger is prohibited except in cases
defined in the previous paragraph and in cases ia which
the responsibility for all downstream adverse effects is
accepted by the discharger."
20. Surface water• in the San Karcoe Bydrologic Subunit an benefic:Wl7 a.sed
for:
a. qricultaral supply
b. Vat.er coo.tact. recrut1oa
c. Jlomrater contact rec.read.ca
d. 1ilra frHhwatar habitat
e. 111ldlife habit.at
f. huanat.ioa of rare and endangered 1peciH
21. Crouncl vaters in the San ~rcos aydrologic Subunit are beneficially used
for:
a. lla.nicipal and dc:me1tic •upply
b. Agricultural 1u:pply
c. Indu1trial aerrlce supply
22. the discharge of reclaimed vastevater from LCVO Forest 1. Gafner Yater
Reclacacion Plant to the La Costa Golf Course for irri6ation will not
unreasonably affect the ?resent and anticipated beneficial uses of surface
or ground~ater 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 lignt of the Above i:ifor:iiacion, it has
been determinec chat the discharge as regulated by thi; Order is consis~nt
with the State Vater Resources Control Board Resolution 68-16 St~t~11ent of
Policy vic.h Resp11ct to u.inc.ain.ing H.ich Qualicy of llu~rs in C.aliforn~·.a Feb. 27, 2018 Item #6 Page 22 of 44
Order lo. 11-12 -7-
Ir IS /IEXZIT OA/JZJlE/J, Tbat the Leucadia County Vater I>iatrict (hereinafter
dbcharaer) ,· in order to 8Ht th• providona contained in Dhhion 1 of the
California Water Code and reculation• adopt.d thereunder, aball coaply vith
the follovio1:
A. P80/IIMIIOKS
1, Di1char1•• of vaatea, includin1 windblown 1pr1y and runoff of
effluent applied for irrication, to lands vbich have not been
apecifically deacribad to th• l•1ional loard and for vbich Yalid
waate discharge requirements are not in force are prohibited.
2. the diacharge of any radiolocical, cheaical or biological warfare
agent, or high-level radiological waste is prohibited.
3. the diapoaal of vastevater in a manner that would result in ponding
or surfacing of vastevater on landa beyond the disposal area, as
described in the finding• of this Order, is prohibited.
4. the discharge of wastewater or sludge shall not:
a. Cause the occurrence of colifona.or pathogenic organi••• in
waters pmsped fro• the baain;
b. Cause the occurrence of objectionable tastes and odor• in water
pumped fro• the basin;
c. Cauae waters pumped from the basin to foaa;
d. Cause the presence of toxic aaterials in waters pumped fro• the
basin;
e. · Cause the pH of waters pu~d froa the basin to fall below 6.0
or riae above 9.0;
f. Cause thi• Regional Board's objective• for the ground or
surface waters of the San Marcos Hydrologic Subunit aa
eatabliahed in the Basin Plan, to be exceeded;
g. Cauae odors, aepticity, mosquito• or other vectors, weed growth
or other nuisance conditions in San Marcos Creek or its
tributaries; or
h·. Cause a surface flov recognizable as sevage in San Marcos Creek
or its tributaries.
5. The discharge of a waste floY volume in excess of O.iS MGD is
prohibited unless the discharger obtains revised waste discharge
requirements for the proposed increased flow.
Feb. 27, 2018 Item #6 Page 24 of 44
. . . · Order tio. 8i-8:? -8-
6. Odors. vectors, and other nuisances of sewage or sewage sludge
origin beyond the li•ita of the treatment plant site or disposal
area are prohibited.
7. The bypa11in1 of untreated or partially treated wastewater fro• the
wastewater treatment facility or any inteniiediate unit process is
prohibited.
8. The discharge of waste in a manner other than as described in the
findings of thia Order is pro~ibited unle•• the discharger obtains
revised waate discharge requirement• that provide for the proposed
change.
9. The diachar,e of treated or untreated waatewater to San Marcos Creek
or its tributarie• ia prohibited.
10. Land.disposal of wastewater by irrigation in areas for which water
reclamation· requirements have not been iuued is prohibited.
Disposal of waatewater to land other than as authorized by waste
discharge requirements issued by this Regional Board is prohibited.
Disposal of wastewater to waters of the United States other than as
authorized by an NPDES penait issued by this Regional Board i•
prohibited.
B. DISCH.A.RC£ SPECIFICA..!'IOKS
1. Concentrations of mineral constituents in the discharges from the
wastewater treatment plant shall not exceed the following:
Constituent
Total Diaaolved Solids
Chloride
Sulfate
Sodim1
Increment over
vater supply*
400 •g/1
200 mg/1
100 •ill
200 .,,1
* Thi• require .. nt is baaed on quarterly analysis of the
water supply of the area tributary to the treat11ent plant
and disposal facilities.
2. All vaate treat.ent, contain11ent and diapoaal facilities with
the exception of irrisation areas, and the La Costa Golf Course
reservoir shall be protected a1ainst 100-year peak 1tre&J1 flova as
defined by the San Dieso County flood control •s•ncy.
3. All vast• treataent, containment and disposal facilitiea vitb the
exception of irrigation areas, and the La Costa Golf Course
reservoir shall be protected &Jainat erosion, overland runoff, and
other i•pacta resultinc fro• a 100-year frequency 24-hour stars.
4. Collected 1cr••nin11, aludc••, other solid• r.-.oved fro• liquid
waate1, and fi1 •er backwaah shall b. dispoa•d o~ in a aanner
approv.d by th . L.xecutin Officer of th• le&ion . &card. Feb. 27, 2018 Item #6 Page 25 of 44
·,. Oner· Jlo. 11-12 _,_
5. !!fluent ua•d for irri1ation •hall confon1 vitb all applicable
provi1i0D1 of California Ada.iaiatrativ• Code, title 22, Diviaion 4,
Ch&pter 3 ( ll.11tttt'at,r A,cl.u.ation Cri t11ri.1) iD lts pruent forw or
aa it say b. ... nded.
6. Adequate faciliti•• ahall be provid•d to contai• or di•po•• of
effluent during vet weather periods and other periods vhen irriga-
tion deaand i• 1 ••• than th• reclaimed water supply.
7. !£fluent aHd in recreational i9POud.enu ahall at all tiMa
conform with the provisions of Article 5, Title??, I>iviaion 4, of
the California Admianiatrative Code in their present fona or as they
aay be uended~
8. Sampling of effluent ahall at least be conducted as specified in
Article 6, Title 22, Division 4, of the California Administrative
Code in its present for. or as ·it aa.y be amended.
9. the La Coat.a Golf Course reaervoir ahall b• at all ti1De1 protected
againat erosion, flooding, overland runoff resultinr froa a 2-year
frequency 24-bour ato~.
10. The discharger is prohibited fro• dischargin1 tr.ated wastewater
effluent to the La Costa Golf Course reservoir fros loveaber 1
through Karch 30. Prior to Noveiaber 1, the discharger •hall
complete the 7-day achedule of withdrawing approx.i.aately 99 percent
of the wastewater contained in the pond and replacing the wastewater
vith potable water u described in the findin&• of thh Order. ·· , · ·· · -
11. The 110nthly average concentration of Sday 20• Centigrade biochemical
oxygen demand in the diacharge to the irrigation or storage
facilities or to the ocean outfall shall not exceed 30 ag/1 as
deter,uned froa a 24-hour proportioned-to-flow COlllpOsite saaple.
The daily aaxiau• concentration shall not exceed SO ag/1 as
detenained in any single grab sample or 24-hour ca.pod te a.ample.
12. The concentration of suspended solids in the disch.arie to the
irrigation or storage facilities or to the ocean outfall shall not
exceed 30 mg/1 as determined fro• a 24-hour proportioned-to-flov
composite sample. The daily aaxiaum concentration 1h~ll not exceed
50 mg/1 as determined in any single gt'ab sample or 24-hour composite
sample.
13. Ihe 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. PROYISIONS
1. Neither the treatment nor the discharge of vaste shall create a
pollution, contamination or nuisance, as defined by Section 13050
of the California Water Code.
Feb. 27, 2018 Item #6 Page 26 of 44
• Order No. 87-82 -10-
2. Reclaimed wa:er ahall not be supplied to parties who use, transport,
or store such water in a manner which cau1es a pollution, contam-
ination or nuisance,•• defined by Section 13050 of the California
Water Code •
.. 3. the discharger must comply vith all condition• of this Order. Any
noncompliance with this Order con,titutes a violation of the
California ~ater Code and is ground• for ( a) enforcement action; (b)
tenaination, revocation and reiaauance, or aodification of thia
Order; or Cc) denial of a Report of Waite Di1charce 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
peI'lllitted activity in order to aaintain compliance with this Order.
Upon reduction, loss, or failure of the treatment facility, the
discharger shall, to the extent necessary to maintain compliance
vith this Order, control product:1.on or .all discharges, or both,
until the facility is restored or an alternative aethod of treatment
ia provided. This provision applie• for example, when the primary
source of pover of the treatment facility fails, is reduced, or is
lost.
S. the discharger shall take all reaaonable steps to aini•ize or
correct any adverse !.pact on the environment resulting fro•
noncompliance with thi1 Order, including such accelerated or
additional .onitoring as ••Y be necessary to deter.ine the nature
and impact of the noncosplying discharge.
6. The diacharger shall, at all times, properly operate and maintain
all facilities and syateaa of treataent and control (and related
appurtenances) which are installed or used by the di1charger to
achieve compliance with conditions of tbia Order. Proper operation
and 11aintenance includes effective performance, adequate funding,
adequate operator staffing and training, and adequate laboratory and
process controls including appropriate quality aaaurance procedures.
Thia provision require• the operation of backup or auxiliary
facilities or aiailar ay•t••• only vben necessary -to achieve
compliance vitb the condition, of this Order.
7. Thia Order •ay be miodified, revoked and reissued, or terminated for
cauae including, but not limited to, the following:
a. Violation of any term• or conditions of thi• Order;
b. Ob~ainin1 thia Order by aiarepr•••ntation or failure
to diacloae fully all relevant fact•; or
c. A chanee in any condition that require• either a temporar-y or
p,ermanent reduction or eli•ination of the authoriEed di1char1e.
The filin1 of a request by th• di1chari•r for the eodification,
Feb. 27, 2018 Item #6 Page 27 of 44
{.r ..
ender lo. 17-12 -11-
J
revocation and reiasuanee, or teraination of thi1 Order, or
notification of planned chana•• or anticip&t.d nonco11pliance
doe• not 1tay any condition of tbi• Order.
8. Thia Order i• not tranaferrable to any peraon •icc:•pt after notice to
th• !xecutiv• Officer. Th• a.1ional Joard aay r.quir• aodification
or revocation and reiaauance of thia Order to ckan1• the a ... of th•
discharger and incorporate such other requireaents a, aay be
neceaaary undar the California Vater Code. th• diachar1er shall
aubait notice of any proposed tranafer of thi• Order'• responsi-
bility and eovera1e to a nav discbar1er •• described under laportin1
l&quirement D.3.
9. Thia Order doe, not convey any property rizbts of any sort or any
exclusive privileges. The require•enta 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 laws, no'r create a vested right for the
discharger to continu• the waste discharge.
10. The discharger ,hall allow the Regional Board, or an autnorized
representative upon the preaentation of credentials and other
documents as aay be required by lav, to:
a. Enter upon the discharger'• preaiaea vhere a regulated facility
or activity is located or conducted, or where records 11Ust be
kept under the condition, of thi• Order;
b •... Have access to and copy, at reasonable ti.Ilea, any records that
must be kept under the conditions of this Order;
c. Inspect at reasonable ti11ea any facilities, equipment
(including 110nitoring -.nd control equipment), practices, or
operations regulated or required under thi• Order; and
d. Sa•ple or 1t0nitor at reasonable time•, for the purposes of
assuring co-.pliance vith thia Order or•• otherwise authorized
by the California Water Code, any 1ubatances or paraaeters at
any location.
11. The discharger's wastewater treatment facilities ahall be supervised
and operated by persons posse11ing certificate• 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
prescribed by Order No. 79-35 and Addendum thereto.
and Addendum thereto are hereby rescinded when this
effective.
the requirements
Order !fo. j9-35
Order becomes
Feb. 27, 2018 Item #6 Page 28 of 44
· Order No. Si-82 -12-
14. The provi•ions of thia Order are severable, and if any prov1s1on of
this Order, or the application of any provision of this Order to any
circu.atance, is held invalid, the application of auch proviaion to
other circuaatancea, and the remainder of thia Order, 1hall not be
affected thereby.
15. The potable water aupply ahall not be uaed to aupplement the
reclaimed water supply except through an approved air gap. In other
areas where the potable vater aupply is piped to premi1e1 vhere
sewage is pumped, treated or reclaimed (i.e., aewage treataent
plant• or pu11ping atationa, colf courae, etc.) the potable vater
aupply shall be protected at the property line in accordance vith
the State Department of Health Services' .Rerul•tions .Rel•tinr to
Cross-Conn~ct~ons.
16. All irrigation with reclaimed water ,hall be done by the discharger
or by parties which have obtained authorization fro• the discharger
and water reclamation requirements from this Regional Board.
17. · R.eclaimed water shall only be supplied to and used in areas for
vhich valid vaate di•charge requirements, as established by this
Order and subaequent addenda, are in force. Prior to uaing
reclaimed water or aupplying 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 diacharger shall obtain proper author-
ization fro• this Regional Board. The discharger ahall not supply
reclaimed vater to any P.arty until and unless such party obtains
vater recla.ation requireaents fro• this Regional Board.
18. Reclaimed water use shall be in conformance with Guidel.ines for Vs~
of .Recl•i-,d fl4ter for Irrir•tioo •od I•pouf!d.ents and Guid11l:ln111
for Tlorxer Protection at Y•ter .Recl61Ut.ion Use .Are•s prepared by the
State Depart~nt of Health Services.
19. If tbe discharger ia supplying reclaimed vater for use by other
parties, the diacharger shall establish rules and regulatio~s.
governine the design a.nd operation of reclaimed vater use facili-
ties. The rulea and naulationa shall be developed in conformance
v:lth fi.u:ldeliot11 for Q-, of .lecl•fa.d ll•ter for Irri1•~ion •nd
IllpOundJHnts and Gu:id~l.Jn111 for llorz11r Prouction •t i'1t11r R1cl1UM-
t~on f/111 Are11 prepared by the State Department of Health Servicea.
20. If the diachari•r ia uaini reclaiaed water,.the diacharger ahall
deairnate a reclaiaed water auperviaor reaponaibl• for the
reclai-aed vater •yat .. at each use area under the diacharier'•
control. If the diacharc•r ia 1upplyin1 reclai .. d water for use by
another party, th• diacharcer shall require that each aucb uaer
desirnate a reclai .. d water supervisor reaponaible for the reclai .. d
water ayate• at each uae area under the u•er'• control. Reclai•ed
water auperviaora should be responsible for the installation,
/
Feb. 27, 2018 Item #6 Page 29 of 44
-u-
operation, and aaintenance of the irri1ation 1y1tea, enforce .. nt of
rulu a.nd n1ulation1, prevention of potential J..aa:arda. and aalnten-
anc• of tht diatributioo ayat .. plan• in "aa-~ilt" fora.
1. the diachars•r ahall file• nev I.apart of Vaat• J>i1char1• at leaat
120 days prior to the folloving:
a. .Addition of a aajor induatrial vaate di1char1• of
••••atially do .. atic aeva1•. or the additiOZl of a nev proc•••
or product by an induatrial facility re1ulting in a change in
the character of the wastea.
b. Signific~nt change in the treatment or disposal method (e.,.,
change in the method of treatment which vould significantly
alter the nature of the vaate).
c. Change in the disposal area from that deacribed in the findings
of this Order.
d. Increase in flow beyond that apecified in thia Order.
e. Other circu•ata.ncea which result in a 11aterial change in
character, &1t0unt, or location of the·vaste diacharge.
f. Any planned change in the regulated facility or activity which
... y result in nonco~liance with thia Order.
2. The discharger shall furnish to the Executive Officer of this
Regional Board, within a reasonable time, any inforwation vhicb the
Executive Officer aay request to determine whether cause exists for
modifying. revoking ud reissuing, or tend.n.ating thb Order. The
discharger shall also furnish to the Executive Officer, upon
request, copies of record• required to be kept by this Order.
3. The discharger auat notify the Executive Officer, in writing at
least 30 day• in advance of any proposed tran1fer of thia Order'~
responaibility and coverage to a nev dischar1er. !he notice aust
include a written agreement between the existing and new discharger
containing a apecific date for the transfer of this Order•s responsi-
bility and coverage between the current discharger and the nev
discharger. Thi• agreement ahall include an acJcnowledge•ent that
the exi1ting discharger is liable for violations up to the transfer
date and that the nev discharger is liable from the transfer date
on.
4. The discharger shall comply with the attached ~onitoring and
Reporting Program No. 87-82. Monitoring results shall be
reported at the intervals specified in Monitoring and Reporting
Progra.J1 Yo. 87-82.
Feb. 27, 2018 Item #6 Page 30 of 44
Order No. 87-82 -14-
5. If a need for a di•char1e bypaaa is lcnovn in advance, the dischar1er
ahall submi: prior notice and, if at all po11ible1 such notice shall
be aubmittec at least 10 days prior to the date of the bypass.
6. \lhere the discharger becomes aware that they failed to submit any
relevant facts in a Report of Waate Discharge or submitted incorrect
information in a Report of Waate Diacharge or in any report to the
Re1ional Board, they shall promptly aubait such facta or inforiaa-
tion.
7. The diacharier ,hall report any nonco•pliance which aay endanger
health or the environment. Any infor.ation ahall be provided orally
to the :Executive Officer within 24 hours from the time the
diacharser beco•es aware of the circu•stancea. A written 1ubzi11ion
shall alao be provided within five days of the tiae the discharger
becowies aware of the circumstances. The written subaiasion shall
contain a description of the noncompliance and its cause; the period
of noncompliance. including exact dates and tiaes, and if the
noncompliance has not been corrected; the anticipated tiae it is
expected to continue; and steps taken or planned to reduce, elim-
inate, and prevent recurrence of the noncompliance. The Executive
Officer, or an authorized repreaeutative, aay waive the written
report on a case-by-case ba•i• if the oral report has been received
within 24 hours. The following occurrence(s) auat be reported to
the E.xecuti~e Officer within 24 hours:
a. Any bYJn•• fr011 any portion of the treat~nt facility.
b. Any discharge of treated or untreated vastewater resulting
from sewer line breaks, obstruction, surcharge or any other
circumstance,.
c. Any treatment plant upset which causea the effluent liaitations
of this Order to be exceeded.
8. The discharger shall file a written report with this legional Board
vithin 90 days after the average dry weather waste flow for any
•onth equals or exceeds 75 percent of the design capacity of the
vaate treat-.nt and/or diapoaal facilities. The diacb.arger's
aenior adaini1trative officer ahall aiin a letter vhich t~anaaita
that report and certifies that the policy-111&king body ia adequately
informed. lhe report shall include:
a. Averace daily flow for the 11<>nth, the date oo which the
in1tantaneou1 peak flov occurred, the rate of that peak flow.
and the total flow for that day.
b. The di1char1er'• beat e1tiaate of when the avera1e daily dry
weather flov rate vill equal or exceed the de1irn capacity of
the facilities.
Feb. 27, 2018 Item #6 Page 31 of 44
Order lo. 17-&2 -u-
c. th• di1char1•r'• intended achedul• for 1tudie1, de1i1n, and
other •t•p• needed to provide additional capacity for the va1te
treataent and/or diapoaal faciliti•• before tbe vaate flow rate
equal• the capacity of pr•••nt anita.
9. the dbc_harsn ,hall prepare an ~n1ineedn1 report u required by
S•ctioo 60323 of 11.r~t•v•Ur 6,cl ... tioa Crit•ri.r. Thit report ,hall
be prepared in conformance with Cuidt!lln~s for t/J~ Pr~paration of .rn
Enrin11•rin1 R,port l'ur1u.rat to ti,-, .Productioa, Distribution, •nd U.111
of 8•cl.ri .. d Va•t1111.rt•r prepared by the State 0.p.art .. nt of Health
Service1. Thi, report shall be aubaitted to thi• le1ional Board,
the State Department of Health Service•, and the San Oi~go County
Department of Health Servicea. The u,e of reclaimed water shall not
be initiated u~til this report 11 accepted by the Exec~tive Officer.
10. The rules and regulations required by Provision C.19 shall be
aub•itted to this Regional Board, the State Depart•ent of Health
Service•, and the San Diego County Depart11ent of Health Service,.
the uae of reclaiaed water ahall not be initiated until thia
engineering report is accepted by the Executive Officer.
11. the discharger ahall notify the Executive Officer by letter of the
following:
a. Start· of construction of waste treataent and reclai.ed water use
facilities;
b. Eatimated date construction vill be completed;
c. Completion of construction of waste treat.eat and reclaimed
water use facilitiea; and
d. Estimated cl.ate the completed facilities will ca1111ence opera-
tion.
12. A report certifying the adequacy of each COllpODeDt of the treatment
and disposal facilities shall be aub.ttted by the discharger prior
to co .. ence11ent of the discharge. Thi• certification report shall
contain a require•ent-by-require-.ent analysis, based on accepted
engineering practice, of how the process and physical design of the
facilities will ensure compliance vith this Order. The design
engineer shall affix hia/her signature and engineering license
number to this certification report •. Thia 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 :Executh·e
Officer;
b. The Executive Officer has been notified of the cocpletion of
facilities by the discharger;
Feb. 27, 2018 Item #6 Page 32 of 44
Order No. 87-82 -16-
c. An inspection of the facilities has been made by Regional Soard
ataff; and
·d. Regional Board ataff has notified the discharger by letter that
the discharge can be initiated.
13. All applications, reports, or inforaation submitted to the !xecutive
Officer shall be signed and certified aa follows:
a. The Report of Vaate Discharze shall be signed aa follows:
(1) For• corpor•tion -by a principal executive officer of
at leaat the level of vice-president.
( 2) Fer • jUrtnerGlJ:fp or 1ole propr.fetorshi'p -by' a general
partner or the proprietor, respectively.
( 3) . For • •unic:ip,4lity1 4t-?te, feder1l or other public 11rency
-by either a principal executive officer or ranking
elected official.
b. All other report• required by this Order and other info~tion
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 peraon. An individual is a
duly authorized repreaentative only if:
(1) The authorization is .. de in writing by a person
de•cribed 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 subait reports required under this Order, or
other inforsation required by the Executive Officer~ to:
Executive Officer
California Regional Water Quality Control Board
San Diego Region ·•·· -917"1 Ciaireoori·t· h-esa ~oulevdci -Suit.:! 3
Sar. Dier,o, Califor:;ia S2124-l331
E. NOTIFICATIONS
1. Theae requireaent1 have not been officially reviewed by the United
State• :Environ.ental Protection Aiency and are not issued pursuant
to Section ,02 of the Clean Water Act.
Feb. 27, 2018 Item #6 Page 33 of 44
..
Ol"der lo. 17•12 -17-
2. The California Vater Code provide, that any ~r•on who intentionally
or n•1li1•ntly violate• any vaate di1char1• re,quir.-.nta laaued,
niaaued, or ... nded by thh lesional loard b 1ubject to a civil
90netary r ... dy of up to 20 dollar• per aallon of wa•t• di,char1•d
or, if a cleanup and abate .. nt order i• i•aued. up to lS,000 dollar•
per day of Yiolation or ,o .. coabination thereof.
3. The California Vater Code provides that any person failing or
refu•in1 to furnish technical or 110nitorin1 proaraa r•port,, aa
required under this Order, or !aldfying any lnfonation provided in
the 110nitorin1 report, ia 1uilty of a aiade .. anor.
I, Ladin i!. Delaney, EzecutirJB Officer, do hereby certii~ tJui foregoing is a
full, tr-ue, and co-rrect cqpy of an Order adopted by ths Califoniia Regional
Water Quality Control Board, San Diego Region on May 4. 1981.
..... ___ ' . . .· __ -.· -.. ~ ··.-'· ....
~'P:hd
LADIN B. DELANEI
E::ec::utioe Officer
Feb. 27, 2018 Item #6 Page 34 of 44
..
' , •,
''-.:.,.j
CALIFORNIA lECIONAL WAT!! QOALITl CO~"TIOt. IOAJ.D
SA.'\ DI EGO ltC:CION
MONI!OiUNG A!iD REPORtI&C PROGRAM NO. U-il
FOR
LEUCADIA.COUNTY VATD. DI5n1CT
FOREST R. GAFRER WATER IECI..AHAnON PL\.\"t
NEAR TB! CITY or CAJ.LSBAD
SA!I DIEGO com.Tr
CENERAL PROVISIONS FOR SAMPLING AND AMALYStS
Unleu otherwiH noted, all emq,Ung, 1-.ple prHervatioa, and analyH• 1hall
be conducted ln accordance with the current edition of "C.ddelinH latabli1hlng
Test PTocedures for Analysis of Pollutants," promulgated by the United States
!nvlronmental Protection Agency, or approved by the ExecuUn Offlccr. . . .
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.
Sample• ehall be 24-hour proportioned-to-flow composite samples unle•• other-
wise specified. All grab samples shall be representative of the va•te discharge
under the condition• of peak load.
GENERAL PiOVISIClfS FOi REPORI'IlC
For every item vhere the requirements are not met, the discharger shall submit
a statement of the actions undertaken or proposed which vt.11 bring the discharge
into full compliance with requirements at the earliest ti.M and submit a time-
table for correction •.. --.
By .Ianuuy 30 of each year, the discharger shall submit an annual sua:mary report
to the Regional Board. The report shall contain both t&balar and graphical
s~iee of the monitoring d&t.& obtained during the pre'rious :,ear. 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 ccepliance
with the waste discharge requir~ente.
The dilcharger shall file a written report within 90 d&T• after the average dry
weather flcn<, for any month, equals or exceed• 70 percent of tbe design capacity
of the vaate treatment or disposal facilities. The report shall contain a
schedule for studies, design, and other steps needed to proYide additional capacity
or limit the flow below the design capacity prior to the time when the vaste flov
rate equals the capacity of the present units.
MONITORING PRcx;R.AM
The discharger shall submit technical reports concerning the quantity and quality
of the discharge, using the attached form.at, in accordance vith the following
schedule.
Feb. 27, 2018 Item #6 Page 35 of 44
Koni.tortn~ ~nd 1t;· ,rt :.n~
Progr•Q So. 87-8~
Ern.uorr
-2-
l. Effluent examination shall b« conducted for the folloving items at the
frequen~y shown, and reported at lllOffthly intervals:
Determinat.ion
pH
S .. da7 20° Centigrade biochemical
oxyaen demand
Suspended aolid• • Total
Suspended •olid• -Volatile
Total dissolved solids
Chloride
Sulfate
Sod1t11
nuorLde
Boron
Synthetic detergents * Di11olved oxygen
Percent sodium
* Colifonu, total
Set~eable 1olid1*
Turbidity
Chlorine residual*.
Grease and oil*
Ammonia (as H)
Cyanide
Met&ls
Unit
Unit.
ag/1
111(1
q(l
llg/1
111/1
mg/1
rag fl
11g/l
q/1
q/1
ag/1
MPM/100 ml.
.t/1
NTU
:till
mg/1
mg/1
mall
heguency
DaUy!I
Daily!/
DauJ/
Dau;J.I
Monthly
tbnthly
·Monthly
tbnthly
Monthly
Monthly
Month\;
Da11,.V
Monthly
** Da11Jf
Dailyt~
Dai11¥. Daily!!
Quarterly
Quarterly
Arsenic
Cadmium
. -.;;.,1 Quarterly
Quar~ly
Quarterly
Quar~ly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Chraeitm, total
Copper
Lead
Mercury
Hickel
Si her
Zinc"
Chrcai U11 Bua.Tai en t
Phenolic COllpOUnd•
Rote: q/1 • aillisrw per liter
KPR/100 al. • Mo• t Probable llmnber
per 100 aillilltera
• Crab •aiph at hi&h flow ti..
mg/1
sc/1
ag/1
ag/1
ag/1
ag/1
ag/1
-all
ag/1
ag/1
al/1 • ailliliter1 per liter
tn.11 • ~ephelon.etric Turoidity Units
** Effluent sampling shall at least be conducted•• specified in California
Administrative Code, Title 22, Division 4, Chapter 3, Waate?Jater R,cZam:::tion
Criteria in its present for• or a, it LIY be amended.
!/ Monday, ~Hd.ay and h"ld.ay
Feb. 27, 2018 Item #6 Page 36 of 44
. ~ Monitoring and Reporting
Program No. 87-82
ODOR PROBLD'.S
-4-
1. Customer complaints -A log shall be kept of names and addresses of
complaintants and location and description of odors.
2. Field investigation -The District shall investigate any odor cogplaint
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 -llhen 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 vill 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 o~or problems.
WP:hd
LAD IN B. DELI.NE!
E::ecutiPe Officer
HatJ 4, 1987
..
Feb. 27, 2018 Item #6 Page 38 of 44
~· J f • ..f, ., "• . .. . .
!
.· -..._,
.i
( 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 l~ne is the only portion of the
District from which sewage can be collected for reclamation
pu~pos~s at the present time; and
WHEREAS, the discharge of water softener regeneration
b~ines 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
softeni~g 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 "0" Feb. 27, 2018 Item #6 Page 42 of 44