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HomeMy WebLinkAbout5 - Agreement for Operation of Green Acres Project Intertie and Outfall Connection (Operation Agreement)Council Meeting 03-23-98 Agenda No. 5 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY March 23, 1998 MAR 2 3 LAI APPROVED TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: AGREEMENT FOR OPERATION OF GREEN ACRES PROJECT INTERTIE AND OUTFALL CONNECTION (OPERATION AGREEMENT) BACKGROUND In 1995, IRWD submitted an application to the Santa Ana Regional Water Quality Control Board for a permit authorizing implementation of the Wetland Water Supply Project (WWSP). The WWSP involves IRWD's use of excess reclaimed water to irrigate duck ponds and marsh mitigation areas during the wet season (October 1" through March 31") and the discharge of up to 5mgd of reclaimed water into San Diego Creek and Upper Newport Bay. In July 1996, IRWD, OCWD and the City negotiated an Agreement (Intertie Agreement) which required the districts to construct facilities necessary to transmit up to 7.8mgd of reclaimed water from IRWD's Nicholson Water Reclamation Plant to OCWD and, ultimately, the County Sanitation District of Orange County (CSDOC). The Intertie Agreement also prohibited IRWD from discharging reclaimed water in the short term subject to certain conditions and created a framework for further agreement that could result in a long term prohibition of reclaimed water discharges into San Diego Creek. The Operation Agreement and the construction of a connection between the reclaimed water pipeline and the CSDOC outfall that would allow excess reclaimed water to be lawfully discharged are conditions to the short term and long term prohibitions against the discharge of reclaimed water into Upper Newport Bay. Mayor and Councilmembers March 23, 1998 Page 2 ANALYSIS The primary purpose of the Operation Agreement is to establish procedures for the transmission of reclaimed water from IRWD to OCWD and the discharge of excess reclaimed water through the CSDOC outfall. The Agreement obligates the City and IRWD to each pay fifty percent (50%) of the "outfall connection operating cost" which is estimated to be ten thousand dollars ($10,000) per year. Staff is hopeful that IRWD will assume one hundred percent (100%) of the outfall operating costs pursuant to an Agreement which would prohibit the discharge of reclaimed water from WWSP facilities for a period of fifteen (15) years. RECOMMENDATION We recommend the City Council approve the Operation Agreement and authorize staff to negotiate with IRWD for their payment of all outfall operating costs in conjunction with an agreement which prohibits the discharge of reclaimed water for a period of fifteen (15) years. 061bert H. Burnham F:\cat\ccmemo\CSDOCagt.doc