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HomeMy WebLinkAbout05 - Agreement with OCSD - Dry Weather Urban Runoff DiversionAgenda Item No. 5 January 28, 2014 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949- 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer 949- 644 - 3322 rstein(cDnewoortbeachca.gov APPROVED: —� n\ TITLE: Agreement with Orange County Sanitation District Permitting a Dry Weather Urban Runoff Division to the Sanitary Sewer System ABSTRACT: Orange County Sanitation District (OCSD) is requiring the City enter into an agreement allowing the diversion of dry weather urban runoff from the Newport 'Dunes Watershed to the OCSD sewerage system. RECOMMENDATION: Approve and authorize the Mayor and City Clerk to execute the OCSD Agreement for Dry Weather Urban Runoff Discharge for the existing Newport Dunes Diversion. FUNDING REQUIREMENTS: Unless there is a future change in OCSD policies, execution of this agreement will not result in any additional costs to the City. DISCUSSION: To improve receiving bay water quality, the City constructed a storm drain diversion in 2001 that diverts dry weather runoff flows from an area of the Newport Dunes (see attached map) into a sanitary sewer line. This water will then travel to the OCSD treatment facility in Huntington Beach. Significant funding for the project was provided by OCSD under a citation agreement with the Santa Ana Regional Water Quality 1 o127 Agreement with OCSD for Dry Weather Urban Runoff Discharge January 28, 2014 Page 2 Control Board. The City currently operates and maintains this diversion which facilitates a flow rate of approximately 7,000 gallons per day. At the time of installation of the division, an OCSD diversion agreement was not prepared or executed. OCSD is now requiring that an agreement be entered into by the two agencies to complete this administrative requirement. This standard agreement allows OCSD to manage the diversion per current and future policy changes as directed by its Board of Directors. OCSD policy currently allows the District to accept up to 10 million gallons per day of dry weather urban runoff from all the dry weather diversions through their service area. OCSD has determined they can and will accept the discharge from The Newport Dunes watershed provided that the discharge occurs in compliance with terms of the policy. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. , NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: David A. Web Public Works Director Attachments: A. Agreement For Dry Weather Urban Runoff Discharge B. Location Map of Diversion 2 of 27 Attachment A AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE THIS AGREEMENT ( "Agreement ") is made and entered into, to be effective the _ day of 2014 (the "Effective Date "), by and between the ORANGE COUNTY SANITATION DISTRICT ( "OCSD "), a county sanitation district and the CITY OF NEWPORT BEACH ( "CITY "), a California municipal corporation and charter city. OCSD and CITY are sometimes hereinafter individually referred to as "Party' and hereinafter collectively referred to as the "Parties ". RECITALS A. Dry Weather Urban Runoff is generated from the drainage area as shown on the map illustrating the boundaries of the drainage area attached hereto as Exhibit "A" and incorporated herein by reference. Dry Weather Urban Runoff is entering into the waters of the Newport Dunes Resort and may be contributing to the chronic, yet sporadic public health advisory postings where bacteria samples exceed the limits set by state law (California Health & Safety Code Sections 115880, 115885 and 115915) for swimmable waters. CITY has asserted that on the basis of the information currently available it is infeasible to economically or practically treat Dry Weather Urban Runoff in order to avoid the discharge of such runoff to the Newport Bay. CITY has requested that OCSD accept the Dry Weather Urban Runoff generated from the Drainage Area into OCSD's Sewerage System. B. CITY has agreed to undertake responsibility for: (1) the operation and maintenance of all facilities required for the collection and discharge of Dry Weather Urban Runoff from the Drainage Area, through CITY's diversion facilities, to OCSD's Sewerage System; (2) compliance with all OCSD requirements relating to urban runoff generated, collected and transported by CITY to OCSD's Sewerage System; and (3) all liability and damages associated with the urban runoff discharge from the Drainage Area to OCSD's Sewerage System; C. CITY estimates that the volume of Dry Weather Urban Runoff generated, collected and transported by CITY could be approximately 7,000 gallons per day, and the maximum flow rate of the discharge to OCSD's Sewerage System will not result in a surcharge of any local sewer and /or the Sewerage System; D. OCSD has available limited system capacity in its collection, treatment and disposal facilities which will allow OCSD to accept certain Dry Weather Urban Runoff discharges without adversely affecting OCSD's primary function of collection, treatment and disposal of sanitary sewer discharges; E. OCSD does not have system capacity available to allow urban runoff discharges to OCSD's facilities other than limited amounts of Dry Weather Urban Runoff; u 3 of 27 F. On March 28, 2001, OCSD established its Dry Weather Urban Runoff Policy by the adoption of Resolution No. OCSD 01 -07. The policy was developed to address certain environmental concerns associated with Dry Weather Urban Runoff; G. On June 26, 2013, OCSD established a subsequent Dry Weather Urban Runoff Policy by the adoption of Resolution No. OCSD 13 -09, a copy of which is attached hereto as Exhibit "B ", and incorporated herein by reference ('Dry Weather Urban Runoff Policy "). H. OCSD has determined that it will accept Dry Weather Urban Runoff discharge from the Dunes Watershed to its Sewerage System provided that the discharge occurs in full and complete compliance with the terms of OCSD's Dry Weather Urban Runoff Policy and in accordance with OCSD Ordinance Nos. OCSD- 39 OCSD -40, and all other current or future OCSD ordinances, regulations, rules and requirements; I. OCSD is willing to accept CITY's Dry Weather Urban Runoff from the Drainage Area, provided that the discharge occurs in strict accordance with: (1) OCSD's Dry Weather Urban Runoff Policy, and the impacts of accepting Urban Runoff on the District's System, as such policy may be amended from time to time in OCSD's sole discretion; (2) the Wastewater Discharge Permit which OCSD intends to issue to CITY for such discharge, as such permit may be renewed or amended from time to time by OCSD in accordance with OCSD's Dry Weather Urban Runoff Policy; (3) OCSD's Wastewater Discharge Regulations and other ordinances, as such regulations may be established or amended from time to time; (4) this Agreement; (5) procedures developed by OCSD addressing the discharge of urban runoff to the Sewerage System, including but not limited to procedures for the shut -off of such discharges; (6) any other applicable law and /or regulations governing the collection, treatment and /or disposal of the runoff; and (7) any permits issued by regulatory agencies with jurisdiction over the runoff or the OCSD's wastewater system and operations. NOW, THEREFORE, OCSD and CITY agree as follows: 1.0 Terms and Definitions. As used in this Agreement, the following terms shall have the meanings set forth herein. 1.1 "Dry Weather" shall mean any period which does not fall within the definition of Wet Weather. 1.2 "Dry Weather Urban Runoff' means surface runoff which is generated on or flows from the Drainage Area. 1.3 "Pollutants of Concern" shall mean pollutants identified on Exhibit "C" attached hereto and incorporated herein by reference (Pollutants of Concern), and as such list of pollutants may be periodically amended by OCSD in its sole discretion, which pollutants OCSD has determined, or in the future determines, shall be the 2 4 of 27 subject of regulation and /or monitoring pursuant to the Dry Weather Urban Runoff Policy. 1.4 "Pollutant Violation" shall mean the discharge at any time of any Pollutant(s) of Concern, into the diversion system required herein to the Sewerage System, which discharge is not in compliance with any condition, provision and /or discharge limit set forth in the Wastewater Discharge Permit, OCSD's Ordinances or this Agreement. 1.5 "Sewerage System" means the Sewerage System operated and maintained by OCSD, including its collection, treatment and disposal facilities and all additional similar facilities which may be installed or constructed subsequent to the date of this Agreement. 1.6 "Wastewater Discharge Permit" means the permit which OCSD intends to issue to CITY to authorize, under specified terms and conditions, the discharge of Dry Weather Urban Runoff to the Sewerage System, which permit, along with OCSD's Ordinances, Dry Weather Runoff Policy and this Agreement, shall govern such discharge to the Sewerage System. 1.7 "Wet Weather" shall mean any period during which measurable rainfall, recorded by a source deemed reliable by the OCSD, occurs in any portion of OCSD's service area and shall include the period following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's collection, treatment and disposal facilities. 2.0 Diversion System. CITY shall be authorized to discharge Dry Weather Urban Runoff from the Drainage Area to OCSD's Sewerage System in accordance with the terms of this Agreement. 2.1 CITY shall construct and maintain a fully functioning diversion system acceptable to OCSD, which shall include facilities for collection of Dry Weather Urban Runoff, a diversion structure and facilities for connection to OCSD's Sewerage System. The diversion system shall be capable of excluding all flow received into the diversion system, from entering into OCSD's Sewerage System. The diversion system shall be operational prior to the discharge of any Dry Weather Urban Runoff from the Drainage Area to the Sewerage System. The diversion system shall be equipped with a lockable shut off device, satisfactory to OCSD, and to which OCSD shall be provided with access at all times. CITY shall be responsible for closing all diversion system valves necessary to prevent any discharge to the Sewerage System during both Wet Weather and Pollutant Violation events. OCSD shall notify CITY of the failure of CITY to prevent all discharges to the Sewerage System during any Wet Weather or Pollutant Violation event. In the event that the quality or quantity of the dry weather urban runoff discharge to the Sewerage System does not meet the conditions, provisions, or limitation set forth in Ordinance No. OCSD -39, CITY shall take immediate action to commence correcting in a timely manner the problem(s) to ensure that full compliance is met. If CITY does not take immediate action to correct the 3 5 of 27 problem(s), OCSD shall immediately terminate the authorization for Dry Weather Urban Runoff discharges. In the event that CITY fails to shut off the flow to the Sewerage System during any Wet Weather or Pollutant Violation event, OCSD shall be immediately entitled to close the valves and shut off the flow to the Sewerage System. CITY shall have complete responsibility for the construction, operation and maintenance of the diversion system and all other associated facilities, including all costs associated therewith. The Parties acknowledge that OCSD is continuing to develop procedures for shutting off the discharge to OCSD's Sewerage System during Wet Weather events. CITY may provide suggestions to OCSD regarding such procedures, but the final determination of such procedures shall be made by OCSD. 2.2 In conjunction with CITY's application for a Wastewater Discharge Permit pursuant to Section 3, CITY shall submit to OCSD a proposed operation and maintenance plan for the proposed diversion system through which CITY intends to discharge Dry Weather Urban Runoff to the Sewerage System. The operations and maintenance plan shall be sufficient to establish to the reasonable satisfaction of OCSD that the Project's Dry Weather Urban Runoff (1) shall not, alone or in conjunction with other discharges to the Sewerage System, cause pass through of debris and /or interference with OCSD's Sewerage System; and (2) shall otherwise comply with all OCSD requirements applicable to the proposed discharge. 2.3 As the Newport Dunes Diversion is not equipped with an effluent flow meter, the CITY shall conduct periodic flow studies, as a special condition of the discharge permit, to determine the average flow volumes being discharged into the sanitary sewer system. The Parties foresee the possibility that OCSD may require the CITY to install an effluent flow meter capable of measuring and recording the daily flow discharge from the drainage area to the sewerage system, and that this flow measuring apparatus might necessitate an auxiliary pump as part of the metering system. In such case, pump capacity for the diversion system shall be limited to a flow rate that, in OCSD's sole determination, will not result in a surcharge of any local sewer and /or the Sewerage System. 2.4 No Later than the commencement of either a Wet Weather or Pollutant Violation event, CITY shall shut off the flow of urban runoff (and accompanying storm water) to OCSD's Sewerage System. CITY shall be responsible for determining whether a Wet Weather event is occurring independent of any effort OCSD undertakes to notify CITY of the commencement of Wet Weather events. The discharge shall not resume until CITY has obtained OCSD approval for the resumption of the discharge or as otherwise specified in accordance with established OCSD written procedures. (a) Notwithstanding the foregoing in Section 2.3 herein, if either CITY or OCSD initiates communication with the other, during which communication, an authorized OCSD representative grants permission for CITY to continue to discharge during a Wet Weather event or during any period of time when a Wet Weather event is forecasted to have some chance of occurring, CITY may continue the discharge to OCSD's Sewerage System during such event. 0 6 of 27 (b) OCSD shall provide to CITY a list of persons authorized by OCSD to provide permission /approval for the continuation or resumption of the discharge. OCSD may periodically amend the list by notice to CITY provided pursuant to Section 18.2 herein. 2.5 CITY shall design the diversion system to prevent debris from entering into the Sewerage System. 2.6 No later than CITY's submittal of an application for a Waste Discharge Permit pursuant to Section 3, CITY shall submit a report, satisfactory to OCSD, evaluating the feasibility of other disposal alternatives for reducing the volume and otherwise disposing of the Dry Weather Urban Runoff, including, but not limited to implementation of best management practices and pollution prevention techniques, use of retention basins, use of best available technology, discharge of the runoff into storm drains and reuse and reclamation of the runoff. The report shall provide an analysis of each disposal alternative and demonstrate why each alternative is not economically, technically and practically feasible to dispose of the Dry Weather Urban Runoff in lieu of Sewerage System discharge. CITY shall consult with OCSD in advance of preparation of this report in order to determine the scope of disposal alternatives to be evaluated. OCSD may use the information in this report, as well as information received by OCSD from other recognized industry or academic sources, to establish terms and conditions on which the discharge from the Drainage Area to the Sewerage System may occur. 2.7 Concurrently with the submittal of the operation and maintenance plan pursuant to Section 2.2, CITY shall submit to OCSD proposed best management practices, best available technology options, and pollution prevention strategies designed to minimize or eliminate Dry Weather Urban Runoff from the Drainage Area. CITY shall implement the best management practices, best available technology and pollution prevention strategies identified by OCSD in response to CITY's submittal, including such practices and /or strategies that OCSD determines, now or in the future, are appropriate in addition to those submitted by CITY. The failure of CITY, to implement such best management practices, best available technology and pollution prevention strategies to the reasonable- satisfaction of OCSD shall be grounds for OCSD to terminate the discharge authorized by this Agreement. Compliance with Best Management Practices and Best Available Technology of the NPDES Permit issued by the Regional Water Quality Control Board - Santa Ana Region to City re Best Management Practices and Best Available Technology, may be deemed compliance with this Section. 2.8 If any part of the diversion system is located on property owned by a person or entity other that CITY, CITY shall obtain and record an irrevocable easement for the duration of the project in favor of and in a form satisfactory to OCSD authorizing access by OCSD employees to the diversion system at any time to ensure the proper operation, maintenance and repair of the diversion system and compliance by CITY with all requirements of this Agreement. 5 7 of 27 2.9 The Parties acknowledge that a small and incidental amount of groundwater (i.e., underground springs, etc.) may mix with the urban runoff and be discharged to OCSD's Sewerage System in accordance with this Agreement. This does not include construction dewatering discharge. 3.0 Wastewater Discharge Permit. The CITY shall apply for a Wastewater Discharge Permit from OCSD. Upon written notice to CITY, and providing CITY with a reasonable time to respond, OCSD shall have the authority in its sole discretion to modify the terms, conditions and /or discharge limits set forth in the Wastewater Discharge Permit or otherwise require additional management practices, pollution prevention strategies and /or treatment equipment to improve the quality of the discharge and to reduce the impact of the discharge on the Sewerage System as may be required by the provisions of OCSD's current or future regulatory constraints. 3.1 The initial term of the Wastewater Discharge Permit shall be as stated in the permit. The permit shall only be renewed in accordance with the Dry Weather Urban Runoff Policy in effect at that time and this Agreement. OCSD may reduce or extend the length of subsequent permits. 3.2 Upon issuance of the Wastewater Discharge Permit, CITY shall be authorized to discharge Dry Weather Urban Runoff through the diversion system into the Sewerage System in accordance with this Agreement. 3.3 Upon expiration of each Wastewater Discharge Permit and at such other times as OCSD deems appropriate, OCSD shall evaluate the quality and quantity of the discharge in order to assess the effectiveness of the existing terms, conditions and discharge limits in the permit and the need for modification of the permit. The terms, conditions and discharge limits of the renewal shall be dependent upon the results of OCSD's evaluation. 4.0 Compliance with Dry Weather Urban Runoff Policy. CITY shall comply with the requirements of OCSD's Dry Weather Urban Runoff Policy; as such policy may be periodically amended by OCSD. 5.0 Indemnification. CITY shall defend, indemnify and hold harmless OCSD, and its Board members, officers, agents, and employees from any and all third -party liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including cost of defense, experts, settlement, and reasonable attorney fees), which they may hereinafter incur, become responsible for or pay out as a result of actions or omissions associated with activities related to this Agreement, including, but not limited to (1) any Dry Weather and /or Wet Weather runoff associated in any manner with the Drainage Area; and (2) runoff and any direct or indirect impacts thereof occurring as a result of the termination of the discharge to the Sewerage System or this Agreement. This indemnification shall apply to any affirmative acts or acts of omission by OCSD, including but not limited to any OCSD action to close the diversion system N 8 of 27 valves and prevent the discharge to the Sewerage System, but shall not apply to (1) any active negligence of OCSD (unless such active negligence is alleged to have occurred with respect to any OCSD action to render emergency assistance at the diversion system facilities in the event of an operational malfunction or other problem at such facilities) or (2) any intentional wrongful acts or omissions of OCSD. This indemnification provision shall survive the termination of the remaining provisions of this Agreement as to any matter(s) which are the subject of this Agreement, and which otherwise arises before or upon such termination, until such time as the determination of said matter(s) becomes final. In the event OCSD enters into an agreement(s) with any other party(ies) to accept dry weather urban runoff into its Sewerage System and any such agreement contains an indemnification clause different from this section, such clause shall, at CITY's election exercised by written notice to OCSD, be deemed to replace this section as of the date(s) of such agreement(s). 6.0 Quality and Quantity of Discharge. The quality and quantity of the Dry Weather Urban Runoff from the Drainage Area shall meet all terms, conditions, and discharge limits contained in OCSD's Wastewater Discharge Regulations, including subsequent amendments thereto, and the Wastewater Discharge Permit referred to in Section 3.0 herein. 7.0 Self Monitoring. CITY shall conduct self monitoring of the Dry Weather Urban Runoff for Pollutants of Concern, as directed by OCSD, to insure compliance with the terms, conditions and discharge limits set forth in the Wastewater Discharge Permit, OCSD's Ordinances and this Agreement. Unless otherwise directed by OCSD, CITY shall conduct self monitoring of the Dry Weather Urban Runoff discharge on a quarterly basis. The results of all self monitoring shall be submitted to OCSD as directed by OCSD as referenced in Resolution OCSD 13 -09. All self monitoring costs necessary to establish compliance with the Wastewater Discharge Permit, OCSD's Ordinances, and this Agreement shall be borne by CITY. 8.0 Enforcement. In the event of a Pollutant Violation or if the quality or quantity of the discharge to the Sewerage System does not meet the conditions, provisions or discharge limits set forth in the Wastewater Discharge Permit, OCSD's Ordinances, or this Agreement, and, notwithstanding the diversion system shutoff authorization set forth in Section 2.1, OCSD may take enforcement action for any violation of the terms of the Wastewater Discharge Permit and /or OCSD's Ordinances, which violation occurs prior to the shutoff, in accordance with the provisions of Ordinance No. OCSD -39, including any subsequent amendments thereof or successor ordinance thereto. For purposes of this Agreement, the parties agree that the discharge from the Drainage Area to the Sewerage System will be treated as industrial wastewater pursuant to Government Code Sections 54739 - 54740.6, including any subsequent amendments thereto, and subject to the penalty and other provisions thereof. 7 9 of 27 9.0 Fees and Charges. The Parties acknowledge that, pursuant to OCSD's current Dry Weather Urban Runoff Policy, OCSD intends to waive fees and charges associated with authorized discharges of dry weather urban runoff to the sewerage system, where such runoff originates within OCSD's service area, until such time as (1) OCSD modifies its dry weather urban runoff policy to levy a charge for use on urban runoff discharges into its sewerage system, or (2) requires dischargers to pay any applicable fees established through incorporation in OCSD's current Fee Ordinance and /or subsequent amendments thereof. At such time that OCSD staff anticipates discharges of dry weather urban runoff will reach 9 MGD, OCSD staff will revisit this Policy with the Board of Directors to determine if further amendment to the Policy is necessary. 9.1 It is not OCSD's intent at this time to charge "Supplemental Capital Facility Capacity Charges" for the acceptance of Dry Weather Urban Runoff from any permitted discharger. In the event OCSD subsequently decides to charge Supplemental Capital Facility Capacity Charges, the charges will be levied on all then - existing and future permittees, including City, and will be established at the Significant Commercial - Industrial User rate pursuant to OCSD Ordinance No. OCSD -40 or any successor ordinances thereto. Supplemental Capital Facilities Capacity Charge which would be applicable to Dry Weather Urban Runoff is established by Ordinance No. OCSD -40, Section 2.07, and is calculated by measured flow, Biochemical Oxygen Demand ( "BOD "), and Suspended Solids ( "SS ") discharged per day. 9.2 Notwithstanding any other provision of this Agreement, OCSD may, in its sole discretion, impose and /or modify fees and charges applicable to the discharge. In accordance with OCSD Ordinance Nos. OCSD -39 and OCSD -40 and any other current or future OCSD ordinances, resolutions, regulations, rules and /or policies, CITY shall pay all fees and charges, in an amount as initially adopted or as subsequently modified by OCSD, related to the discharge including but not limited to Sanitary Sewer Service Charges, Supplemental Capital Facility Capacity Charges, Administrative Fees, and Non - Compliance Fees; provided that CITY shall not be required to pay any such fees or charges in an amount proportionately higher than any other public agency with whom OCSD enters into an agreement to accept Dry Weather Urban Runoff into its Sewerage System. Failure to pay any fees in a timely manner shall be cause for termination of the Wastewater Discharge Permit and the discharge to the Sewerage System. City shall reimburse OCSD within 30 days of submittal by OCSD of an invoice to City for such fees or charges. 10.0 Access to CITY Facilities. CITY shall provide OCSD employees with 24- hour a day access to all facilities which CITY constructs, owns, operates and /or maintains for collection, transport, treatment and /or disposal of the Dry Weather Urban Runoff which is the subject of this Agreement. Such access is for purposes of OCSD inspection, monitoring, closure of the valves allowing the discharge to OCSD's Sewerage System, as OCSD in its sole discretion determines is appropriate, and verification of compliance with the Wastewater Discharge Permit, OCSD's Ordinances and this Agreement. ,7 10 of 27 11.0 Termination of Discharge. If OCSD determines that the Dry Weather Urban Runoff, alone or in conjunction with other discharges, is adversely affecting or threatening to adversely affect OCSD's Sewerage System or causing or threatening to cause a violation of its National Pollution Discharge Elimination System permit ( "NPDES permit "), OCSD shall so notify CITY which shall immediately cease all discharge to the Sewerage System. 11.1 Evaluation of Impact. OCSD will periodically evaluate the impacts of the acceptance of urban runoff on OCSD's Sewerage System and on OCSD's effluent. OCSD reserves the right to modify OCSD's Dry Weather Urban Runoff Policy, as OCSD, in its sole discretion, determines is appropriate. Any discharge from the Drainage Area to OCSD's Sewerage System shall be subject to such modified policy, including a termination of the program of acceptance of Dry Weather Urban Runoff. 12.0 Additional Requirements. CITY acknowledges that OCSD may request implementation of additional management practices, pollution prevention strategies, or treatment facilities to reduce the burden on the Sewerage System. CITY may offer an alternative strategy, or plan, which accomplishes the same result for OCSD consideration. In its sole discretion, City determines not to provide such additional management practices, pollution prevention strategies, or treatment facilities, CITY shall provide written notice to OCSCD of such determination pursuant to Section 17.2 herein. Such determination shall be deemed an election by CITY to terminate this Agreement, and CITY shall then immediately cease the discharge of Dry Weather Urban Runoff to the Sewerage System. 13.0 CITY Reliance on Consultants. CITY shall rely on its own staff and /or consultants to ensure that the facilities and equipment which CITY installs, operates and maintains pursuant to this Agreement shall function as intended. No approval or acceptance by OCSD of design drawings, management practices, technologies, pollution prevention strategies, or any other proposals by CITY shall be construed as a representation by OCSD that such design, management practices, technologies, pollution prevention strategies, or proposals will enable CITY to comply with the terms and conditions of the Wastewater Discharge Permit, OCSD's Ordinances, including amendments thereto, this Agreement or any other entitlement or permit issued by a regulatory authority to CITY. 14.0 Damage to OCSD's Sewerage System. As between OCSD and CITY, CITY shall bear the entire cost of and shall reimburse OCSD for any and all costs and /or expenses incurred by OCSD as a result of damage to the Sewerage System from any Dry Weather or Wet Weather runoff associated in any manner with diversions by CITY. 15.0 No Capacity Right or Entitlement. In keeping with OCSD's long standing policy on all sewer system connections, nothing in this Agreement, or in the Wastewater Discharge Permit, shall be construed to provide CITY with any vested 01 11 of 27 entitlement to discharge Dry Weather Urban Runoff to the Sewerage System or with a capacity right in the Sewerage System. 16.0 Third Party Beneficiary. Nothing in this Agreement shall be construed to create any rights or benefits in any third party to this Agreement. 17.0 General Provisions. 17.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. 17.2 Notice. All notices, demands, invoices, and written communications required to be provided under this Agreement, shall be delivered at the following addresses or such other addresses as Parties may designate by written notice: If to CITY: City of Newport Beach Attention: Assistant City Engineer P.O. Box 1768 Newport Beach, California 92658 -8915 If to OCSD: Orange County Sanitation District Attention: General Manager 10844 Ellis Avenue Fountain Valley, California 92708 -7018 With Copy To: Environmental Compliance Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 -7018 Depending on the method of transmittal, notice shall be deemed received as follows: by facsimile or other electronic transmission, as of the date and time sent; by messenger, as of the date delivered; and by U. S. Mail first class postage prepaid, as of seventy -two (72) hours after deposit in the U. S. Mail. 17.3 Construction of Agreement. It being agreed that both Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. The headings of the various articles and sections herein are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 10 12 of 27 17.4 Amendment, Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties. 17.5 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise. 17.6 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation under this Agreement. 18.7 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire agreement shall be deemed invalid, illegal or otherwise unenforceable. 17.8 Time Is Of The Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions. 17.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 17.10 Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes any prior oral or written statements or agreements between the Parties. 17.11 Attorneys' Fees. In the event that any action or proceeding is commenced between the Parties to enforce or interpret any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party's costs of suit and reasonable attorney fees. 17.12 Effect of Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is bound by the same. 17.13 Effective Date. This Agreement shall become effective on the date first set forth above. Notwithstanding the foregoing, no discharge of Dry Weather Urban Runoff to OCSD's Sewerage System shall occur prior to CITY obtaining a Wastewater Discharge Permit pursuant to Section 3.0 herein. 11 13 of 27 IN WITNESS WHEREOF, OCSD and CITY have each caused this Agreement to be executed by its duly authorized representative on the day and year set forth. ORANGE COUNTY SANITATION DISTRICT M 0 Chair, Board of Directors Secretary of the Board of Directors CITY OF NEWPORT BEACH By: Mayor 13 City Clerk APPROVED AS TO FORM: OCSD Counsel By: OCSD Counsel APPROVED AS TO FORM: City Attorney By: w Attorney for City of Newport Be ch \�\a 12 14 of 27 EXHIBIT "A" 15 of 27 A ALY HL Ve NERO 0 i4 G Cn EXHIBIT"B33 18 of 27 RESOLUTION NO. OCSD 13 -09 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING THE POLICY FOR DRY WEATHER URBAN RUNOFF AND REPEALING RESOLUTION NO. OCSD 01 -07 WHEREAS, the Orange County Sanitation District ( "District") is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, pursuant to Health and Safety Code section 4730.66, the District is authorized to acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: "(1) The diversion of urban runoff from drainage courses within the district. (2) The treatment of the urban runoff. (3) The return of the water to the drainage courses. (4) The beneficial use of the water.'; and WHEREAS, certain types of dry weather urban runoff create public health and /or environmental problems which are infeasible to economically or practically control through traditional stormwater best management practices; and WHEREAS, the District has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept discharge of certain dry weather urban runoff flows not to exceed 10 million gallons per day ( "mgd ") without adversely affecting the District's primary function of collection, treatment and disposal of sanitary sewer discharges; and WHEREAS, the District does not have system capacity available to allow wet weather discharges to the District's facilities; and WHEREAS, for purposes of this policy, "wet weather" shall mean any period during which measurable rainfall occurs in any portion of the District's service area and shall include the period following the cessation of rainfall until the District determines that the wet weather event is no longer impacting the District's collection, treatment and disposal facilities; and WHEREAS, for the purposes of this policy, "dry weather" shall mean any period which does not fall within the definitions of "wet weather "; and WHEREAS, the District developed a Dry Weather Urban Runoff Policy pursuant to Resolution No. OCSD 01 -07 to address certain environmental concerns associated with dry weather urban runoff; and OSCD- 13 -09 -1 19 of 27 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the following Dry Weather Urban Runoff Policy is established as District Policy: "POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM No person or entity shall discharge urban runoff, directly or indirectly, to the District's sewerage system during wet weather. The District may accept urban runoff into the sewerage system during dry weather conditions ( "dry weather urban runoff") provided that the discharger meets the following requirements: A. Requirements for Obtaining Permission to Discharge The dry weather urban runoff diversion to the sewerage system shall address a public health or environmental problem associated with the runoff discharge that cannot be otherwise economically or practically controlled. 2. A dry weather urban runoff diversion structure shall be designed and installed and other necessary provisions shall be implemented to exclude storm and other runoff from entry into District's sewerage system during wet weather. The diversion structure shall be equipped with a lockable shut -off device, satisfactory to the District, and to which the District shall be provided access at all times. 3. Prior to commencement of discharge of the dry weather urban runoff to the District's sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater Discharge Permit ( "permit ") from the District in accordance with the most current District Ordinance governing Wastewater Discharge Regulations. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized in addition to or in lieu of issuance of the permit. Only public agencies that have jurisdiction and authority over surface water runoff and wastewater are eligible for Dry Weather Urban Runoff Discharge Permits. 4. The permit applicant shall consider and evaluate the feasibility of other disposal alternatives (i.e., discharge into storm drains, reuse and reclamation of the runoff, etc.) for the discharge of the dry weather urban runoff. The permit applicant shall submit to the District a report, satisfactory to the District, evaluating each disposal alternative, and demonstrating why each alternative is not economically or practically feasible to dispose of the proposed dry weather urban runoff in lieu of sewer discharge. OSCD- 13 -09 -3 20 of 27 2. The permittee shall conduct self- monitoring for the pollutants of concern as directed by the District to ensure compliance with the terms, conditions and limits set forth in the permittagreement and the District's Ordinances. Unless otherwise directed, the permittee shall conduct and submit self- monitoring of the discharge on a quarterly basis or as directed by the District. The permittee shall monitor the flow and submit reports documenting the quality and quantity of the flow discharged as directed by the District. 3. In the event that the quality or quantity of the dry weather urban runoff discharge to the sewerage system does not meet the conditions, provisions, or limitations set forth in the discharge permittagreement or the District Ordinance governing Wastewater Discharge Regulations, the permittee shall take immediate action to correct the problem(s) to ensure that full compliance is met. The District may take enforcement action for any violation of the terms of the permittagreement and /or the District's Ordinances, including termination of the discharge, in accordance with the provisions of the District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 4. The District reserves the right to impose other fees and charges on all urban runoff dischargers, including but not limited to permit fees, capital facilities charges, and operations and maintenance charges in accordance with any future amendment of this policy, and pursuant to any other current or future District Ordinances or policies. Failure to pay fees in a timely manner shall be cause for termination of the permitlagreement and the discharge. All dischargers shall be subject to noncompliance sampling fees set forth in the current District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 5. The permittee shall provide the District's employees and representatives with access to the diversion location and all areas from which and through which runoff originates and /or flows, during all reasonable hours, which shall include any time when a discharge to the sewerage system may be occurring, for purposes of inspection, monitoring, and verifying compliance with the permittagreement and /or the District's Ordinances. 6. The permittee shall have complete responsibility for the construction, operation and maintenance of the diversion facility or any other associated facilities and for ensuring compliance with the terms and conditions of the discharge permittagreement and the District's Ordinances. 7. No later than the commencement of any measurable rainfall, each discharger of urban runoff shall shut off the flow of urban runoff (and accompanying storm water) to the District's sewerage system. The discharge shall not resume until the discharger has obtained written approval for the resumption of the discharge from the District's Urban Runoff Program Manager, or their designate. OSCD- 13 -09 -5 21 of 27 Section 5: This Resolution No. OCSD 13 -09 shall take effect immediately upon adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting held June 26, 2013. ATTEST: Mari6 Ayala, Bo d Secretary MI i Wco r Troy .... OSCD- 13 -09 -7 22 of 27 EXHIBIT "C" 23 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Pollutants of Concern Constituent Metals Analytical Method Method Antimony 200.7, 200.8 Arsenic 200.7, 200.8 Beryllium 200.7, 200.8 Cadmium 200.7, 200.8 Total Chromium 200.7, 200.8 Copper 200.7, 200.8 Amenable Cyanide Total Cyanide 4500 Lead 200.7, 200.8 Mercury 245.1, 1631E Nickel 200.7, 200.8 Selenium 200.7, 200.8 Silver 200.7, 200.8 Thallium 200.7, 200.8 Zinc 200.7, 200.8 Nutrients and Inorganics Nitrite nitrogen Nitrate nitrogen Ammonia Total Kjeldahl Nitrogen Organic nitrogen Total Phosphorous (as P) Sulfide (Dissolved) Sulfide (Total) Physical Tests Biochemical oxygen demand, 5 -day @ 20 °C (130135) Carbonaceous biochemical oxygen demand, 5 -day @ 20 °C (CBODS) Total suspended solids pH Oil and Grease Settleable solids Turbidity Total chlorine residual 24 of 27 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Base /Neutral /Acid Semi - Volatile Compounds, EPA Method 625 Method Acenaphthylene orAcenaphthene * ** 625 Anthracene * ** 625 Benzidine 625 Benzo(a)Anthracene (1,2 Benzanthracene) * ** 625 Benzo(a)Pyrene * ** 625 Benzo(b)Fluoranthene (3,4 Benzofluoranthene) * ** 625 Benzo(g,h,i)perylene * ** 625 Benzo(k)Fluoranthene * ** 625 Bis(2- Chloroethoxy)methane 625 Bis(2- Chloroethyl)ether 625 Bis(2- Chloroisopropyl)ether 625 Bis(2- Ethyl hexyl)phthalate 625 4- Bromophenyl phenyl ether 625 Butylbenzyl phthalate 625 2- Chloronaphthalene 625 2- Chlorophenol 625 4- Chlorophenyl phenyl ether 625 Chrysene * ** 625 Dibenz[a,h]anthracene * ** 625 3,3'- Dichlorobenzidine 625 2,4- Dichlorophenol 625 Diethyl phthalate 625 2,4- Dimethylphenol 625 Dimethyl phthalate 625 Di -n -butyl phthalate 625 Di -n -octyl phthalate 625 2,4- Dinitrophenol 625 2,4- Dinitrotoluene 625 2,6- Dinitrotoluene 625 1,2- Diphenylhydrazine or Azobenzene 625 Fluoranthene 625 Fluorene * ** 625 Hexachlorobenzene 625 Hexachlorobutadiene 625 Hexachlorocyclopentadiene 625 Hexachloroethane 625 Indeno(1,2,3- cd)pyrene * ** 625 Isophorone 625 3- Methyl -4- chlorophenol (4- Chloro -3- methylphenol, Parachlorometa creso 625 2- Methyl -4,6- Dinitrophenol (Din itro- 2- m ethyl phenol, 4,6- Dinitro -o- cresol) 625 Naphthalene * ** 625 Nitrobenzene 625 2- Nitrophenol 625 4 -N itrop he n o I 625 Pentachlorophenol(PCP) 625 25 of 27 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 Constituents of Emerging Concern Method Hormones 4- androstene- 3,17 -dione 539 Equilin 539 17a- Ethynylestradiol 1694, 1698 17a- Estradiol 1694, 1698 17b- Estradiol 1694, 1698 Estriol(16- a- hydroxyestradiol) 1694,1698 Estrone 1694, 1698 Oxybenzone 1694,1698 Progesterone 1694, 1698 Testosterone 1694, 1698 Industrial Endocrine Disrupting Compounds (IEDCs) Bisphenol A 1694, 1698 4- para - Nonylphenol 1694, 1698 Nonylphenol diethoxylate 1694, 1698 Nonylphenol monoethoxylate 1694, 1698 Octylphenol 1694, 1698 4- n- Octylphenol diethoxylate 1694, 1698 Octylphenol monoethoxylate 1694, 1698 Pharmaceuticals and Personal Care Products (PPCPs) Acetaminophen 1694, 1698 Azithromycin 1694, 1698 Caffeine 1694, 1698 Carbamazepine 1694, 1698 DEET 1694, 1698 Erythromycin 1694, 1698 Fluoxetine hydrochloride 1694, 1698 Gemfibrozil 1694, 1698 Ibuprofen 1694, 1698 Primidone 1694, 1698 Salicylic acid 1694, 1698 Sulfamethoxazole 1694, 1698 Triclosan _ 1694, 1698 Flame Retardants BDE 28 1694, 1698 BDE 47 1694, 1698 BDE 100 1694, 1698 BDE 99 1694, 1698 BDE 85 1694, 1698 BDE 154 1694, 1698 BDE 153 1694, 1698 BDE 183 1694, 1698 BDE 209 1694, 1698 26 of 27 Attachment B 27 of 27 °g o v A m (D �V I O _ 0 1 _, 04FF am i = � Q O JiJ C ti _ ((DD N_ 4 Or 9 f scae�oK CO lg' �F xu Disc ✓9,y 60 9 s O 0 O N O 0 0 o D � � T V O F , S y 2 s r o o Location Map CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Newport Dunes Diversion 01/14/2014 27 of 27