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HomeMy WebLinkAboutC-7427-2 - Water Well Rehabilitation Tamura DeepAugust 25, 2021 General Pump Company, Inc. Attn: Michael Bodart 159 N. Acacia Street San Dimas, CA 91773 Subject: Water Well Rehabilitation — Tamura Deep — C-7427-2 Dear Mr. Bodart: luo Civic _enter ul ive Newpc'�rf Rwaeh. (ililornia 92.660 ).1')-6/14 1001) 1 049.644 50 .4Fnx n,)W I�NJr theochc.i.dnv On August 25, 2020, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 28, 2020 Reference No. 2020000445073. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 107106461. Enclosed is the Faithful Performance Bond. Sincerely, -y L.eilani I. Brown, MMC City Clerk Enclosure Bond No. 107106461 Premium: $7,579.00 Issued in Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107106461 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,579.00 , being at the rate of $ 16.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a contract for the public work necessary for the completion of Water Well Rehabilitation — Tamura Deep. This contract consists of: 1) Mobilization of equipment and personnel to the well site; 2) Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well; Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the, permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor; 3) Initially conduct wire - brushing and bailing of sediment fill from the bottom of, the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls; 4) Conduct an initial video survey of the entire well casing; 5) Perform Casing Inspection Thickness Measurement (CITM) survey following, the video survey, to determine the current thickness of the well casing; 6) Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified; 7) Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well; 8) Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as, specified; 9) Perform "Air - Jetting" of the well to help dislodge and loosen any material from, the perforations and the gravel pack around the well; 10) Conduct chemical treatment of the well using HerChemTec solutions; 11) Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this, process shall be treated prior to discharge to the local storm drain system; 12) Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm; 13) Conduct pumping development by pumping and surging; 14) Conduct a 12 -hour step -drawdown test and a twenty-four (24) to forty- eight (48) hour constant rate, pumping test; 15) Near the end of the constant rate pumping test, perform a dynamic spinner, survey in the well; 16) Remove the test pump and disinfect the well; 17) Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a seventy-two (72) hour pumping test at the design rate. Disinfect the pump components during installation; and 18) Perform well chlorination and clean up the well site (the "Project' or "Work"). WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. General Pump Company, Inc. Page B-1 NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy Three Thousand Six Hundred Sixty Dollars ($473,660.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of July 12019 . General Pump Company Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3674 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney Auf riz ignre/Titl�. iI1G±1GP,� r1r YroVAmf 'I L i(,hf u By: Authorized, A ent Signature t. Betty L. Tolentino, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED General Pump Company, Inc. Page R-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Notary Public, personally a proved to me on the basis subscribed to the within inst in his/her/their authorized c the person(s), or the entity t ss. before me, of satisfactory evidence to be the person(s) whose name(s) is/are ument and acknowledged to me that he/she/they executed the same pacity(ies), and that by his/her/their signatures(s) on the instrument pon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) General Pump Company, Inc. Pago. R-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of —__ _Los Angeles Y Jul 30, 2019 Alexa Juarez Notary Public On ,_. __- _------ before me, — � Y Date Michael Bodart Here Insert Name and Title of the Officer personally appeared Namet) of Signer(4) who proved to me on the basis of satisfactory evidenceto be the person whose name( ) is/ar� subsgqribed to the within instrume(��t and acknowledged to me that he/shAn executed the lame in his/hA04ir authorized capacity(i,I and that 1py his/h� /theljr signature( ) on the Instrument the person(, or thell entity upon behalf of which {he person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALEXA JUAREZ WITNESS my hand and official sell. Notary Public -California 60_"9y"�. Los Angeles County commission p 2266422 My Comm. Expires Nov 10, 2022 Signature,_.__-_ Signature of AWAT Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: —_ _ — Number of Pages Signer(s) Other Than Named Above:_- Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name:_____-__.__ I I Corporate Officer — Title(s): I I Corporate Officer — Title(s): I I Partner — I I Limited I I General I I Partner — f l Limited I I General I I Individual I I Attorney in Fact I I Individual I I Attorney in Fact I I Trustee I I Guardian or Conservator 11 Trustee I I Guardian or Conservator I I Other: I I Other: Signer Is Representing: Signer Is Representing: <vc«:I XX%X,<ti'<'.i, .,1<.e.,.t�3c.rJt.dW`rC:u (02016 National Notary Association • wwwAritionalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWL.EDGMEN"Y' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of San Francisco On July 26, 2019 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ (Seal) K. (EKOUNIAN .,_....,W Notary Public - California San Francisco County Commission # 2199730 My Comm Expires )un 29, 2021 ---] Travelers Casualty and Surety Company of America �� Travelers Casualty and Surety Company TRAVELERS!' St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casually and Surety Company, and Sl. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 01F-73 11 Y Stale of Connecticut City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. GTR My Commission expires the 30th day of June, 2021 * pp ♦ Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or waiting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of July , 2019 ��qr� yt '; GOXN. S IIr1l Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please tail us at 1-800-421-3880. Please refer to the above-named Attomey-in-Factand the details of the bond to which the power is attached. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. V10,u ^Y� e py\Y Aqp s State of Connecticut -- i City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. e,TA .l My Commission expires the 30th day of June, 2021�pluJt, * 110 ♦ Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of July , 2019 i\` n 3�,($rw/mrxrr. "o- xueraro, �' coM7bri \ ,y •; ,� rs rr Kevin E. Hughes, Assistant Secretary ro verify the authenticity of this Power ofAttorrey, please r // us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. November 2, 2020 General Pump Company, Inc. Attn: Michael Bodart 159 N. Acacia Street San Dimas, CA 91773 Subject: Water Well Rehabilitation - Tamura Deep - C-7427-2 Dear Mr. Bodart: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAX new port beachca.gov On August 25, 2020 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 28, 2020, Reference No. 2020000445073. The Surety for the bond is Travelers Casualty and Surety Company of America and the bond number is 107106461. Enclosed is the Labor & Materials Payment Bond. Sincerely, A U4 I— Leilani I. Brown MM y y City Clerk Enclosure Bond No. 107106461 Premium Incl. in Performance Bond Issued in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107106461 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a Contract for the public work necessary for Water Well Rehabilitation - Tamura Deep. The completion of this Contract consists of: 1) Mobilization of equipment and personnel to the well site; 2) Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well; Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the, permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor; 3) Initially conduct wire - brushing and bailing of sediment fill from the bottom of, the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls; 4) Conduct an initial video survey of the entire well casing; 5) Perform Casing Inspection Thickness Measurement (CITM) survey following, the video survey, to determine the current thickness of the well casing; 6) Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified; 7) Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well; 8) Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as, specified; 9) Perform "Air - Jetting" of the well to help dislodge and loosen any material from, the perforations and the gravel pack around the well; 10) Conduct chemical treatment of the well using HerChemTec solutions; 11) Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this, process shall be treated prior to discharge to the local storm drain system; 12) Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm; 13) Conduct pumping development by pumping and surging; 14) Conduct a 12 -hour step -drawdown test and a twenty-four (24) to forty- eight (48) hour constant rate, pumping test; 15) Near the end of the constant rate pumping test, perform a dynamic spinner, survey in the well; 16) Remove the test pump and disinfect the well; 17) Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a seventy-two (72) hour pumping test at the design rate. Disinfect the pump components during installation; and 18) Perform well chlorination and clean up the well site (the "Project" or "Work"). WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. General Pump Company, Inc. Page A-1 NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy Three Thousand Six Hundred Sixty Dollars ($473,660.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of July , 2019 . General Pump Company, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3674 Telephone APPROVED AS TO FORM: CITY ATTO E 'S OFFICE Date: 9 15 2-C1 By: (Liz e4-1._'. rt r; Aaron C. Harp City Attorney Betty L. Tolentino, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED -Gn9r. General Pump Company, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, _ Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be subscribed to the within instrument and acknowledged to me in his/her/their authorized capacity(ies), and that by his/he rjl the person(s), or the entity upon behalf of which the pers9 I certify under PENALTY OF PERJURY under the paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other offi r completing this certificate verifies only the identi of the individual who signed the document to w ich this certificate is attached, and not the truthfu ess, accuracy, or validity of that document. fIeaH,s-a cW\4 )d person(s) whose name(s) is/are iat he/she/they executed the same air signatures(s) on the instrument acted, executed the instrument. State of California that the foregoing (seal) State of California County of ) ss. On 20 before me, Notary Public, pers nally appeared proved to me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to th within instrument and acknowledged to me that he/she/they executed the same in his/her/their uthorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s or the entity upon behalf of which the person(s) acted, executed the instrument. I certify ugder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. Signature (seal) General Pump Company, Inc. Page A-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1188 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On July 30, 2019 before me, Alexa Juarez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart who proved to me on the basis of satisfactory evidence to be the person ) whose name$) is/aje subscribed to the within instrum nt and acknowled ed t me that h sle/th y executed the Isame In his/#thtir authorized capacity(iis), and that by his/ f /th�ir signature( th instrument the person(, or the ent y upon behalf of which the person() acted exe uted the ins rument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 9 ALEXA JUAREZ Notary Public - California Los Angeles County Commission. 2266422 My Comm. Expires Nov 10, 2022 Place Notary Seal Above WITNESS my hand and official sea Signature ature. ,qtAbfary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact CI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: CI Corporate Officer — Title(s): []Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �A`C%V�.`.Gr=C.'t-C'.�C%L'R'cTGi%Ge-rfe>C4�-(^c%t7i%Y?�CGE'Gcsj%Ci`rx.J�Gt�fl v'�c%VrsCi%W¢-»rTe!Vea" v'�4_`�b`. '.�Sa=;,�Z 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On July 26, 2019 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature !Z� (Seal) K. ZEHOUNIAN Notary Public - California San Francisca County Commission # 2199730 If My Comm. Expires Jun 29, 2021Comm. Expires Jun 29, 2021 Batch 7344227 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE +$ R 0 0 1 1 9 7 5 5 4 9$+ 2020000445073 9:34 am 08128120 7 Sec2A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, Califomia, 92660, as Owner, and General Pump Company, San Dimas, California, as Contractor, entered into a Contract on July 22, 2019. Said Contract set forth certain improvements, as follows: Water Well RehabTitabon — Tamura Deep - C-7427-2 Work on said Contract was completed, and was found to be acceptable on Au4ust 25.2020. by the City C==1 Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. BY l Public Works D or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec ED at Newport Beach, California. https:Hgs.secure-recording.com/Batch/Coiifirmatioii/7344227 08/28/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and General Pump Company, San Dimas, California, as Contractor, entered into a Contract on July 22, 2019. Said Contract set forth certain improvements, as follows: Water Well Rehabilitation — Tamura Deep - C-7427-2 Work on said Contract was completed, and was found to be acceptable on August 25, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. BY l -.1 1.42 Public Works D ector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M at Newport Beach, California. mx CITY OF NEWPORT BEACH CITY Ci.` NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 12th day of June, 2019, at which time such bids shall be opened and read for WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 $725,000 Engineer's Estimate Approve by Mi J. Sinacori Acting City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/porta1.cfm?CompanyID=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Bidders are required to attend a Mandatory Pre -Bid Meeting at the project site (17415 Magnolia St, Fountain Valley, CA 92708) on May 28, 2019 at 2:00 PM Contractor License Classification(s) required for this project: "C-57" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration 9M MAN Z 159 N. ACACIA STREET * SAN DIMAS, CA 91773 PHONE: (909) 599-9606 * FAX: (909) 599-6238 PUM CAMARILLO, CA 93010 * PHONE: (805) 482-1215 www.genpump.com WELL & PUMP SERVICE SINCE 1952 Serving Southern California and Central Coast REQUEST FOR BIDS Water Well Rehabilitation Tamura Deep Contract No. 7427-2 JUNE 129 2019 @ 10:00 A.M. PREPARED BY MICHAEL BODART GENERAL PUMP COMPANY9 INC. FOR THE CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEwPoRT BEACH, CA 92660 Lic. #496765 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. da The signature below represents that the above has been re President we Michael t / Dirt r. of 496765 / Engr A, C57, C61, D211 -5V J�; W- Engr. Contractor's License No. & Classification Authorized Signature/Title 1000002769 / 06/30/2019 DIR Reference Number & Expiration Date General Pump Company, Inc. Bidder 5 Date 6/12/19 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent (10%) of the Total Amount Bid ------- ---------------- L ----------------------- Dollars ($10%------------), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WATER WELL REHABILITATION TAMURA DEEP, Contract No. 7427-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4th day of June , 2019. General Pump Company, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3674 Telephone I� IG i r dkrl- By. Authorized Signature[Title By. V l� A th rized Agent Signature Betty L. Tolentino, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 ACKNOWLEDGMENT ------------------------------------------------------------------------ - - - - - - State of California County of See Attached Loose Acknow. } SS. On personally appeared before me, Notary Public, who proved to me on the basis of satisfactory evidence to/6e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged o me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by is/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which th person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under t e laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ------------------------ - - OPTIONAL INFORMATION Date of Document Type or Title of Docume Number of Pages in current Document in a For ign Language Type of Satisfa tory Evidence: Person Ily Known with Paper Identification Pape dentification Cre ble Witness(es) Capacit of Signer: rustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT State of California County of I ss. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the pe on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that e/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the/,signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws oftate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / Signature INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Languq Type of Satisfactory Evide e: Personally Known ith Paper Identification Paper Identificati n Credible Witne (es) Capacity of Signer: Trustee Power of ttorney CEO/ O/COO Presid nt / Vice -President Secretary / Treasurer n+hc Other Inf6rmation: Thumbprint of Signer F] Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Los Angeles J} On June 10. 2019 before me, Alexa Juarez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart who proved to me on the basis of satisfactory evidence to e th person ) whose name() is/a e s bscribed to the within instrume t and acknowledge to me that he/s e/thty executed the same in i /h r/thlir authorized capacity(i ), and that y his/hr/t eir signature ) on he instrument the person( ), r the entity upon behalf of which he person() acted, excuted the ins rument. ALEXA JUAREZ Notary Public - California= *my Los Angeles CountyCommission # 2266422 Comm. Expires Nov 10, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ffi ' I seal. Signatur Signature of ry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On June 4, 2019 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I (Seal) s` K. ZEROUNIAN NotaryPublic- California Z San Francisco County n Commission # 2199730 My Comm. Expires Jun 29, 2021 Travelers Casualty and Surety Company of America AAW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. ,�17��RFIp PoJp�.(Y ANO e 1 4 i �� a HARTFORD, C!0t N. a '•:"'�'��" ybbt Nyas � State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p,TET My Commission expires the 30th day of June, 2021 * �uet.�fl * Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 4th day of June , 2019 MY l��f%Y Jp�tY ANDS }y* a `� CUYN a HARTFORD, ,,,,,JJJJJJJJ22� ;� CONN. Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Pact and the details of the bond to which the power is attached, City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 DESIGNATION OF SUBCONTRACTOR(S)- AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Michael Bodart President / Dir, of General Pump Company, Inc. Rn ,r Bidder Authorized Signature/Title N/A **General Pump Company has a staff of experienced civil and mechanical engineers and a registered Geologist who are specialized and 100% dedicated to Well and Pump Services. 7 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name General Pump Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Dolphin Deep Well Project Name/Number Project Description Well Liner & R-edevelopment Approximate Construction Dates: From May 2014 To: December 2014 Agency Name City of Newport Beach Contact Person Andy Tran Telephone (949) 436,370.00 Original Contract Amount $_ Final Contract Amount $ 664-3315 462,915.16 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 10 No. 2 Project Name/Number Well 10 Project Description Well Liner & Redevelopment Approximate Construction Dates: From April 2017 Agency Name City of Glendora To: AuQ.2017 Contact Person Steve Patton Telephone (626) 914-8249 Original Contract Amount $ 127,000 Final Contract Amount $ 127,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name/Number Well 14 Project Description Well Liner & Redevelopment Approximate Construction Dates: From Feb. 2018 To: July 2018 Agency Name City of Monterey Park Contact Person Ralph Martinez Telephone 026) 280-5552 Original Contract Amount $ 207,000 Final Contract Amount $ 207,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 11 No. 4 Project Name/Number Charnock Well Project Description Well Liner & Redevelopment Approximate Construction Dates: From Nov. 2017 To: May 2018 Agency Name City of Santa Monica Contact Person Gary Richinick Telephone (310) 826-6712 Original Contract Amount $ 240,000 Final Contract Amount $ 240,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 5 Project Name/Number Well 2 Project Description Well Liner & Redevlopment Approximate Construction Dates: From Dec 2018 Agency Name — City of Cerritos To: April 2019 Contact Person Bob Ortega Telephone $62) 916-1223 Original Contract Amount $ 280,000 Final Contract Amount $ 280,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 12 No. 6 Project Name/Number Well 23 Project Description Well Liner & Redevelopment Approximate Construction Dates: From July 2018 To: Dec. 2018 Agency Name City of Orange Contact Person Tuan Cao Telephone (71� 288-2492 Original Contract Amount $ 175,000 Final Contract Amount $ 175,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Please see the attached Key Personnel Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Michael Bodart General Pump Company, Inc. President / Dir. of Engr. Bidder Authorized Signature/Title 13 a . G4F#" PUMP CO -NY KEY PERSONNEL KEY PERSONNEL MICHAEL G. BODART, PRESIDENT / DIRECTOR OF ENGINEERING Academic University of Missouri - Bachelor of Science in Civil Engineering Background Post Graduate C.E, Courses in Geohydrology, University of Southern California Certifications 1999 -Byron Jackson Training Certificate 1998 -Grade 1 & 2 Distribution and Treatment Certificates 1998 -Engineering "A" License 1995 -Dale Carnegie Course 1995 -Mackay Pump Rehabilitation Certificate 1992 -Golden State Pump Technical Training Certificate 1990 -Completed Graduate C.E. Courses in Geohydrology at U.S.C. 1986 -Layne & Bowler Pump School Certification 1986 -Baroid 1 -week Drilling Fluid Technology Course Certification 1985 -National Water Works Correspondence Course Certification Professional General Pump Company, Inc. - President / Director of Engineering - 1993 - Present Experience Layne Western - Regional Engineering and Sales Manager (4 offices) Federal Hiahwav Administration - Civil Engineer Professional Presentations Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump engineering and well rehabilitation in southern California. He has been invited to speak for numerous professional water related associations and conventions. Has been speaking professionally for more than 25 years and has presented in nationally known associations such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water Works Association, Groundwater Resources Association and Central Coast Water Association. In 1992, Mike was part of a selected six -person panel engineers who met in Kansas City to assist in training nationwide engineers in the water well pump business, THOMAS A. NANCHY, SR. PROJECT MANAGER/ PROJECT ENGINEER Professional Experience Tom Nanchy, Sr. Project Manager, has been in the well and pump industry for over thirty (30) years. Throughout his professional career, he has been involved with hundreds of well rehabilitations and is highly regarded in the industry. His wide range of experience allows him to solve many difficult well and pump issues and provide options. He has also spoken at many professional organizations throughout California with regards to well maintenance and well rehabilitations. Toni is AWWA certified pump installer and a certified pump installer for Large Water Systems (NGWA). He is factory trained and certified by Byron Jackson and Cla-Valve. Tom also holds a certificate with the Mine Safety and Health Administration (MSHA). a . KR�L PU WALTER "RAY" REECE JR. BSBM-BSBA, GENERAL MANAGER Professional Experience Combined 40 years of experience managing businesses providing well rehabilitation, maintenance, well drilling, coring, pump manufacturing, and investigative drilling in the environmental, mining, energy and water resource industries. Earned two Bachelor of Science degrees in Business Administration and Management including a Finance focus. Identified, developed and negotiated contracts with private, public and governmental agencies to safely and successfully provide well rehabilitation technologies, pump and motor maintenance, drilling and construction services for a variety of applications. Ray has devoted time to technological transfers of information by conducting industry related seminars and guest lecturing at High Schools, Colleges, Universities, SME, AWWA, and the California Nevada American Water Works Association (Cal -NV AWWA). FERNANDO MUNOZ. OPERATIONS MANAGER Professional Experience Over 30 years' experience of quality control to ensure pumps are ready for installation, scheduling and management of shop and field production crews, and day-to-day management of those Company areas. Certifications Grade 2 - Distribution Certificate Grade 2 - Water Treatment Operator JAMES M. HINSON, SR. APPLICATION ENGINEER Professional Experience Over 30 years' experience of pump engineering. Conducts systems analyses, defines new and/or replacement hydraulic requirements, designs to procurement of materials. LUIS A. BUSSO, P.G., SR. PROJECT GEOLOGIST Professional Experience Professional groundwater work for the past 13 years encompassing field monitoring and technical report writing for siting, geologic log analysis, design, construction, pump testing, water quality sampling, and rehabilitation of municipal -supply and irrigation -supply water wells. Combining geological and industry knowledge toward well project developments on behalf of water districts, cities, farmers, and other private owners within Central and Southern California. He currently works alongside Ray Reece, at General Pump Company's Camarillo facility to design and implement pump and well solutions for the clients in the greater Santa Barbara and Ventura Counties. Academic Background University of California Santa Barbara — Bachelor of Science in Geologic Studies It. ���, PUMP COMPANY MARK HAAS, PROJECT MANAGER Professional Background Professional background includes 13 years' experience within file well and pump industry. His experience includes Field Service Technician, AirBllrsto Operations to include R & D for Frazier Industries and Bolt, Technologies for air gun operations and functionality and Certified Crane Operator. MICHAEL R. GARCIA, PROJECT ENGINEER Professional Background Work alongside Project Manager to ensure progression and completion of pump projects. Review project specifications and prepare documents for engineered projects including as -built drawings and field crew instructions. Assist in project coordination and communication between field crews, vendors, and customers. Academic Background Loyola Marymount University, Los Angeles -Master of Science in Mechanical Engr. University of Redlands, Redlands - Bachelor of Science in Physics DANIEL J. PICHARDO, PROJECT ENGINEER Professional Background Coordinate with project managers, operations manager, and senior applications engineer for materials procurement for all existing projects. Communicate with vendors and customers for timely delivery. Maintain safety manuals for continued safety compliance. Academic Background Seattle University - Bachelor of Science, Civil Engineering, Mathematics Minor J. ALFREDO ("FREDDY") RAMIREZ, PROJECT MANAGER Professional Background Professional background includes 21 years' experience within the well and pump industry. His experience includes designing complete pump assemblies, performing well rehabs, well destructions as well as welding. His wide range of experience allows him to have knowledge in multiple fields in the industry. City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles ) Michael Bodart , being first duly sworn, deposes and says that he or she is President/ Director of Ener. of General Pump Company, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of Cpmbfhb,hat the foregoing is true and correct. resident / Director of General Pump Company, Inc. Bidder a4onz4ed�ae' Subscribed and sworn to (or affirmed) before me on this day of ,2019 byproved W me on the basis of satisfactory evidence to be the person(s) who appeared before m I certify under PENALTY OF PERJURY under the laws of a State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: See a4lz7�,eA CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 y of .-Ystt±c}yhY �C}k?j{r;csY;r`?f?iSF;:�'4'r'k'+vvS.S`fi `•�4f�`i��i�:a".dK'<S`:' zbE:�+`?4i'�?Ci�Ft`vY�',:tZa�v:{ t � b i i ai �' s,��t. e Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles o. ALEXA JUAREZ Notary Public • California Los Angeles County Commission # 2266422 Comm. Expires Nov 10, 2022 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 11 day of June 12019 by Date Month Year (and (2) 1 ), NameO of Slgner ) proved to me on the basis of satisfactory evidence to be the person(s) whojappeare_d-befofe me. Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 02017 National Notary Association Number of Pages: City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 DESIGNATION OF SURETIES Bidder's name General Pump Company, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Travelers Property Casualty & Surety Company of America Gallagher Construction Services 1255 Battery St. #450 San Francisco, CA 94111 415-391-1500 HUB International Services, Inc. 16030 Ventura Blvd. Suite 500 Encino, Ca 91436 818-257-7438 15 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name General Pump Company, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 76---- 142 144 131 119 104 716 Total dollar Amount of Contracts (in 7,650--- 15,400 15,700 14,900 13,800 13,050 80,500 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: General Pump Company, Inc. 159 N. Acacia St. San Dimas. CA 91773 909-599-9606 496765, Engr A, C57,C61,D21 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Secretary Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Los Angeles J} On June 12, 2019 before me, _ _ Alexa Juarez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Bodart and Ginger Campbell Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence o b the person(s) whose names) i / re subscribed to the within instrume t and acknowl' yJ1 d to me that h /se/they executed the same In I I /f er/their authorized capacity(ie�), and that by hJs/�er/their signature() on the instrument the person(s), or the entity upon behalf of which he person(s) ac}}}}e executed the instrument. aMy ALEXA JUAREZ Notary Public • CaliforniaLos Angeles CountyCommission N 2266422 Comm. Expires Noy 10, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Sig OPTIONAL seal. Signature of Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — 1:1 Partner — ❑ Limited ElIndividual ❑ Trustee 11Other: Signer is Representing Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator ClorpomAt . S eaP City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name General Pump Company. Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature 1 No. 1 06/07/19 18 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: General Pump Company, Inc. Business Address: 159 N. Acacia St. San Dimas, CA 91773 Telephone and Fax Number: 909-599-9606 and 909-599-6238 California State Contractor's License No. and Class: 496765- Engr A, C57, C61, D21 (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/14/86 Expiration Date: 08/31/2020 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Michael Sodart- President / Director of Engineering The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Michael Bodart- President / Dir. of Engr - 159 N. Acacia St. Can Dimas CA 91773 909-599-9606 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co{aliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? YesNo If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. General Pump Company, Inc. Bidder On before me, Michael Bodart (Print name of Owner or President of Corporation/ om any) r Ize ignaturefritle President / Director of Engineering Title Date 6/12/19 satisfactory evidence to be the person(s) whose name(s) is/a acknowledged to me that he/she/they executed the same in hi: by his/her/their signature(s) on the instrument the person(s), gr acted, executed the instrument. I certify under PENALTY OF PERJURY under the paragraph is true and correct. / WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: __/Notary Public, personally appeared �o proved to me on the basis of ,subscribed to the within instrument and er/their authorized capacity(ies), and that entity upon behalf of which the person(s) of the State of California that the foregoing (SEAL) 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of _ Los, Angeles J} On June 12. 2019 before me, _ Alexa Juarez, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Michael Bodart Nameg) o who proved to me on the basis of satisfactory evidence to b . th person whose name Is/ e ;bscribed () ()to the within instrument and acknowledge t me that he/s lth y execu ed the same in i / r/tt authorized capacity(is), and that by his/h�/tf�eir signature( on the instrument the person(), r the entity upon behalf of which the person() acted, executed the instrument. ALEXA JUAREZ Notary Public - CaliforniaLos eMy Angeles CountyCommission # 2266422 Comm. Expires Nov 10, 2022 Place (Votary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY CUMIK WATER WELL REHABILITATION — TAMURA DEEP CONTRACT NO. 7427-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 22nd day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and General Pump Company, Inc., a California corporation ("Contractor"), whose address is 159 N. Acacia Street, San Dimas, CA 91773, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work. The work necessary for the completion of this contract consists of: 1) Mobilization of equipment and personnel to the well site; 2) Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well; Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the, permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor; 3) Initially conduct wire -brushing and bailing of sediment fill from the bottom of, the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls, 4) Conduct an initial video survey of the entire well casing; 5) Perform Casing Inspection Thickness Measurement (CITM) survey following, the video survey, to determine the current thickness of the well casing; 6) Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified; 7) Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well; 8) Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as, specified; 9) Perform "Air -Jetting" of the well to help dislodge and loosen any material from, the perforations and the gravel pack around the well, 10) Conduct chemical treatment of the well using HerChemTec solutions; 11) Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this, process shall be treated prior to discharge to the local storm drain system; 12) Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm; 13) Conduct pumping development by pumping and surging; 14) Conduct a 12 -hour step -drawdown test and a twenty-four (24) to forty-eight (48) hour constant rate, pumping test; 15) Near the end of the constant rate pumping test, perform a dynamic spinner, survey in the well; 16) Remove the test pump and disinfect the well, 17) Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a seventy-two (72) hour pumping test at the design rate. Disinfect the pump components during installation; and 18) Perform well chlorination and clean up the well site (the "Project" or "Work") C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7427-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Seventy Three Thousand Six Hundred Sixty Dollars ($473,660.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and General Pump Company, Inc. Page 2 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Michael Bodart to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and General Pump Company, Inc. Page 3 conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Michael Bodart General Pump Company, Inc. 159 N. Acacia Street San Dimas, CA 91773 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the General Pump Company, Inc. Page 4 Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in General Pump Company, Inc. Page 5 the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, General Pump Company, Inc. Page 6 a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. General Pump Company, Inc. Page 7 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. General Pump Company, Inc. Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. General Pump Company, Inc. Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: ZZ Zot By: a, VOC : Aaron C. Harp "HI City Attorney -i-- vo-I9 ATTEST: Date: • G r By: Leilani I. 6rown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date lam• / 7 An- Dfane B. Dixon Mayor CONTRACTOR: General Pump Company, Inc., a California corporation Date: By: Signed in Counterpart Michael Bodart President Date: By: Signed in Counterpart Ginger Campbell Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements General Pump Company, Inc. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITYATTORN Y'S 9FFICE Date:2Z led 9 By: Fot = Aaron C. Harp Mtit t City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date.- By: ate: By: Diane B Mayor Dixon CONTRACTOR: General Pump Company, Inc. C lifornia corporation Date: 0 3j �ISZ- Byd _ ae Bodart President Date: / -7IwI) ` By: Gin er Caimpbell Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements General Pump Company, Inc. Page 11 Bond No. 107106461 Premium Incl. in Performance Bond Issued in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107106461 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a Contract for the public work necessary for Water Well Rehabilitation - Tamura Deep. The completion of this Contract consists of: 1) Mobilization of equipment and personnel to the well site; 2) Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well; Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the, permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor; 3) Initially conduct wire - brushing and bailing of sediment fill from the bottom of, the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls; 4) Conduct an initial video survey of the entire well casing; 5) Perform Casing Inspection Thickness Measurement (CITM) survey following, the video survey, to determine the current thickness of the well casing; 6) Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified; 7) Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well; 8) Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as, specified; 9) Perform "Air - Jetting" of the well to help dislodge and loosen any material from, the perforations and the gravel pack around the well; 10) Conduct chemical treatment of the well using HerChemTec solutions; 11) Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this, process shall be treated prior to discharge to the local storm drain system; 12) Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm; 13) Conduct pumping development by pumping and surging; 14) Conduct a 12 -hour step -drawdown test and a twenty-four (24) to forty- eight (48) hour constant rate, pumping test; 15) Near the end of the constant rate pumping test, perform a dynamic spinner, survey in the well; 16) Remove the test pump and disinfect the well; 17) Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a seventy-two (72) hour pumping test at the design rate. Disinfect the pump components during installation; and 18) Perform well chlorination and clean up the well site (the "Project" or "Work"). WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. General Pump Company, Inc. Page A-1 NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy Three Thousand Six Hundred Sixty Dollars ($473,660.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26th day of July 2019 . 1 General Pump Company, Inc. B : Name of Contractor (Principal) Au ri e�dSignat et/Title Ml&iad 13odar�; dtq-ij air Of Only -- Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3674 Telephone APPROVED AS TO FORM: CITY ATTO NE Date: 'S OFFICE � E Zol° By: f:jW; Aaron C. Harp City Attorney int Signature Betty L. Tolentino, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED General Pump Company, Inc. Page A-3 f I MH-, S -a muc4vi ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be to person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me at he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her heir signatures(s) on the instrument the person(s), or the entity upon behalf of which the persq (s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the paragraph is true and correct. WITNESS my hand and official seal. Signature the State of California that the foregoing OWLEDGMENT A notary public or other offi96r completing this certificate verifies only the idento of the individual who signed the document to w ich this certificate is attached, and not the truth fu ess, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, pers nally appeared provedto me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to th within instrument and acknowledged to me that he/she/they executed the same in his/her/their uthorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. (seal) I certify ur der PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal. Signature (seal) General Pump Company, Inc. Page A-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 30, 2019 before me, Alexa Juarez, Notary Public Date Michael Bodart Here Insert Name and Title of the Officer personally appeared Nam who proved to me on the basis of satisfactory evidence to be the p rson() whose name() is/ake subscribed to the within instrum nt and acknowled ed t me that h s�e/th y executed the Lame in his/h /th it authorized capacity(i s), and that by his/h r/th it signature(1 & th instrument the person( , or the entity upon behalf of which the person( acte exeited the instrument. Y P � P (, ij I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALEXAJUAREZ e Notary Public California z Los Angeles County > Commission # 2266422 z My Comm. Expires Nov 10, 2022 WITNESS my hand off icia Signature ature ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www. National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco j On July 26, 2019 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ' y —"Or (Seal) K. ZEROUNIAN Notary Public - California z '<` San Francisco County y Commission # 2199730 My Comm. Expires Jun 29, 2021 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107106461 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,579.00 Bond No. 107106461 Premium: $7,579.00 Issued in Duplicate being at the rate of $ 16.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," a contract for the public work necessary for the completion of Water Well Rehabilitation — Tamura Deep. This contract consists of: 1) Mobilization of equipment and personnel to the well site; 2) Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well; Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the, permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor; 3) Initially conduct wire - brushing and bailing of sediment fill from the bottom of, the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls; 4) Conduct an initial video survey of the entire well casing; 5) Perform Casing Inspection Thickness Measurement (CITM) survey following, the video survey, to determine the current thickness of the well casing; 6) Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified; 7) Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well; 8) Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as, specified; 9) Perform "Air - Jetting" of the well to help dislodge and loosen any material from, the perforations and the gravel pack around the well; 10) Conduct chemical treatment of the well using HerChemTec solutions; 11) Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this, process shall be treated prior to discharge to the local storm drain system; 12) Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm; 13) Conduct pumping development by pumping and surging; 14) Conduct a 12 -hour step -drawdown test and a twenty-four (24) to forty- eight (48) hour constant rate, pumping test; 15) Near the end of the constant rate pumping test, perform a dynamic spinner, survey in the well; 16) Remove the test pump and disinfect the well; 17) Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a seventy-two (72) hour pumping test at the design rate. Disinfect the pump components during installation; and 18) Perform well chlorination and clean up the well site (the "Project" or "Work"). WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. General Pump Company, Inc. Page B-1 NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy Three Thousand Six Hundred Sixty Dollars ($473,660.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigiDs, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] General Pump Company, Inc. Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of July 2019 . General Pump Company, Inc. B : Name of Contractor (Principal) A riz Mign6fqre/Title'� Travelers Casualty and Surety Company of America Name of Surety Authorized7 nt Signature 21688 Gateway Center Drive Diamond Bar, CA 91765 Betty L. Tolentino, Attorney -In -Fact Address of Surety Print Name and Title (909) 612-3674 Telephone APPROVED AS TO FORM: CITY ATTORNEY'§ OFFICE Date: Zol By: F.(/: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED General Pump Company, Inc. Page B-3 FIVA-b gee MAA ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personwhose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sign ures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. I certify under PENALTY OF PERJURY under the lawsof the Stat of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completi this certificate verifies only the identity of the indivi al who signed the document to which this ce ificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Notary Public, personally appea f ss. 0 before me, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrum nt and acknowledged to me that he/she/they executed the same in his/her/their authorized cap city(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upFn behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 9P PERJURY under the laws of the State of California that the foregoing paragraph is true and co rect. WITNESS my hand ayfd official seal. Signgiure (seal) General Pump Company, Inc. Page B-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 30, 2019 Date personally appeared before me, Alexa Juarez, Notary Public Michael Bodart Here Insert Name and Title of the Officer Name() of Signer(j) who proved to me on the basis of satisfactory evidence to be the person whose name( ) is/a+ subs ribed to the within instrume t and acknowledged to me that he/sh6/th4 executed the ilame in his/h r/th it authorized capacity(ie ), and that y his/her/their signature() on the Instrument the person(�1, or th enty upon behalf of which person() acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALEXA JUAREZ WITNESS ♦Yf"' .�'TyF Notary Public -California a Los Angeles County > y.t Commission N 2266422 My Comm. Expires Nov 10, 2022 Signature wwwpw Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •cr •r> '� •d .� -.�' -� •N4"v -v '✓ •�4'cr •r>.•ei4•rr .y .�4.y ' •er: e. -y •.✓4'.:r '•� •�4'ri4-.•r '�'✓4��y�4'✓4�✓4V4'.�4�%4�."a'6'� 0 1 • • • 0 • • • '•✓4'.•i4'�4v4 � • • illski ill i • •: •1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On July 26, 2019 before me, K. Zerounian, Notary Public (insert name and title of the officer) personally appeared Betty L. Tolentino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /— (Seal) K. ZERCUNIAN NotaryPublic- California Z San Francisco County n Commission # 2199730 [ ® My Comm. Expires Jun 29, 2021 S Travelers Casualty and Surety Company of America AA► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. •� ��"'R�PC P�1Y ANO HWA 4V @G uP 'y a< � $ HPATFOFm, CQI U M. State of Connecticut � By: City of Hartford ss. Robert L. Raney, Se for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 9 GTS My Commission expires the 30th day of June, 2021 y�q M%AL. (' rt ��p * Marie C. Tetreault, Notary Public C� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of July 2019 •Y.O SVFIi Jr��Y AHO ���`�rr�.. m [ HARTFORD CONN. o SIX � F Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. Travelers Casualty and Surety Company of America A01k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betty L Tolentino of San Francisco California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. ��l6WRfij.0 P�tY A/yp . F0 ow"m$ s HARTFORD, < MOM N. sm lybt F�+ac f$ State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p,TET My Commission expires the 30th day of June, 2021 Uq m(llu.R * ���p ,t Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of July 2019 ¢e9 Gt HARFFORq//(( HACONN. Cdi9 . CONN. o � 1 Fa®r ,4 tir^' 11 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please caii us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two General Pump Company, Inc. Page C-1 million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. General Pump Company, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally General Pump Company, Inc. Page C-3 provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from General Pump Company, Inc. Page C-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. General Pump Company, Inc. Page C-5 Reyes, Raymund From: EXIGIS RiskWorks <notifications@ riskworks.com > Sent: Thursday, September 05, 2019 3:53 PM To: Reyes, Raymund Subject: City of Newport Beach: Notice of Compliance for General Pump Company, Inc. Dear Business Partner, The insurance documentation submitted on behalf of General Pump Company, Inc. satisfies the minimum insurance requirements for City of Newport Beach and has been verified as compliant. No further action is required at this time. You will receive a renewal notice requesting updated insurance documents in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at supportgexi is.com or 800- 430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 supportgexi ig s.com Organizational Unit: City of Newport Beach -> Public Works Agreement Name: Water Well Rehabilitation - Agreement Number: 7427-2 City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP Contract No. 7427-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7427-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 6/12/19 Date 909-599-9606 and 909-599-6238 Bidder's Telephone and Fax Numbers 496765 and Engr A, C57, C61, D21 Bidder's License No(s). and Classifications) General Pump Company, Inc. Bidder Michael Bodarr i� President/ Dir, of Engr Bidder's Authorized Signature and Title 159 N. Acacia St. San Dimas, CA 91773 Bidder's Address Bidder's email address: mbodart(a?genpump.com / ajuarezngenpump.com PR -1 City of Newport Beach Page 1 WATER WELL REHABILITATION TAMURA DEEP (C-7427-2), bidding on June 12, 2019 10:00 AM (Pacific) Printed 06/12/2019 Bid Results Bidder Details Vendor Name General Pump Company Address 159 N. Acacia Street San Dimas, CA 91773 United States Respondee Michael Bodart Respondee Title President / Dir. of Engr. Phone 909-599-9606 Ext. Email ajuarez@genpump.com Vendor Type DGS License # 496765 CADIR Bid Detail Bid Format Electronic Submitted June 12, 2019 8:48:31 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 178678 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Tamura Deep Well- Final Bid Tamura Deep Well- Final Bid.pdf General Attachment Bid Bond Bid Bond Copy 061019.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Main Bid 1 Mobilization LS 1 $34,000.00 $34,000.00 2 Remove Existing Pump Motor, Column and Pump LS 1 $16,500.00 $16,500.00 3 Brush Casing and Bail Sediment Fill HR 32 $300.00 $9,600.00 4 Downwell Video Surveys EA 4 $1,000.00 $4,000.00 5 Casing Inspection Thickness Measurement Survey LS 1 $4,300.00 $4,300.00 Piariet8id;. Lic. PlanetBids,lllc; City of Newport Beach Page 2 WATER WELL REHABILITATION TAMURA DEEP (C-7427-2), bidding on June 12, 2019 10:00 AM (Pacific) Printed 06/12/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment _ 6 Optional - Installation of Downwell Casing Patches LS 1 $9,600.00 $9,600.00 7 Optional - Caliper Survey LS 1 $640.00 $640.00 8 Optional - Plumbness and Alignment Testing LS 1 $2,820.00 $2,820.00 9 Optional - Installation of Casing Liner and Gravel Pack LS 1 $111,000.00 $111,000.00 10 "Air -Jetting" Methods LS 1 $10,000.00 $10,000.00 11 Chemical Treatment LS 1 $41,600.00 $41,600.00 12 Mechanical Redevelopment HR 80 $300.00 $24,000.00 _ 13 Discharge of Redevelopment Fluids LS 1 $15,000.00 $15,000.00 14 Test Pump Installation LS 1 $25,000.00 $25,000.00 15 Pumping Redevelopment HR 48 $150.00 $7,200.00 16 Pumping Tests HR 60 $120.00 $7,200.00 17 Dynamic Flowmeter (Spinner) Survey LS 1 $4,500.00 $4,500.00 18 Rebuild & Re -installation of the Permanent Pump LS 1 $122,500.00 $122,500.00 19 Vibration Testing LS 1 $3,000.00 $3,000.00 20 Operational Pumping Test LS 1 $7,200.00 $7,200.00 21 Well Disinfection/Site Clean Up LS 1 $5,000.00 $5,000.00 PlanetBids,lllc; City of Newport Beach WATER WELL REHABILITATION TAMURA DEEP (C-7427-2), bidding on June 12, 2019 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 22 Repair/Restoration of Existing Facilities LS 1 $2,000.00 23 Provide As -Built Plans LS 1 $2,000.00 24 Reinstall Discharge Head and Install Flexible Coupling Discharge Pipe (ADDENDUM 1) LS 1 $5,000.00 Subtotal Total Subcontractors Name & Address Description License Num CADIR PianetE3ids. Inr:. Page 3 Printed 06/12/2019 Line Total Comment $2,000.00 $2,000.00 $5,000.00 $473,660.00 $473,660.00 Amount Type CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4 PpRT p meq[ i F0 ADDENDUM NO. 1 WATER WELL REHABILITATION TAMURA DEEP CONTRACT NO. 7427-2 DATE: June 7, 2019 BY: ACTIN 1 ENGINEER TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIFICATIONS 1. Section 9-3.1 General REPLACE Bid Item No. 6 with: Optional — Installation of Downwell Casing Patch: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the installation of one downwell casing patch at a depth directed by the City and/or its TECHNICAL REPRESENTATIVE. This bid item includes conducting video surveys, as necessary, to inspect the placement of the patch and all other ancillary services associated with patch installation, and all other work items as required to complete the work in place. The Contractor shall use Longmire Swaging, Inc. of Lenmoore, California, to install the steel patch. 2. Section 9-3.1 General REPLACE Bid Item No. 18 with: Rebuild and Re -installation of the Permanent Pump: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for rebuild and reinstallation of a completely new permanent pump in the well capable of pumping at the City's design rate and TDH. Pump design shall be submitted to the City for review and approval prior to procurement. Pump design shall include new trimmed 201 stainless impellers, new stainless steel collets, new stainless steel bolting, new stainless steel shafting and new bronze bearings. Work includes reinstalling the permanent motor and City staff will perform reconnection of electrical wiring to the permanent motor. Work shall cover equipping the well with a new permanent pump, parts include, but not limited to the new column flange, new pump bowls, new pump column, new strainer, replace sole plate bolts and all other appurtenances and accessories necessary to provide fully operational pumping system and all other work items as required to complete the work in place 3. Section 9-3.1 General INSERT Bid Item No. 24 Reinstall Discharge Head and Install Flexible Coupling on Discharge Pipe: Work under this item shall include, but not be limited to, all labor tools, equipment and material costs for cleaning, sandblasting, applying fusion bonded epoxy coating and reinstalling the discharge head to original working condition. Work under this item shall include removing and modifying the existing discharge piping, furnishing and installing a new 12 -inch flexible coupling per attached Figure 3 of Appendix A, furnishing and installing restraint rings and tie rods, reinstalling the discharge piping, painting all disturbed discharge piping, and all other work items as required to complete the work in place. 4. INSERT Table 1 Summary of Submittals (attached in this addendum). TECHNICAL PROVISIONS 1. Section TP -18: Rebuild & Reinstallation of Permanent Pump REPLACE PART 2 — Material/Equipment with: A. The type and materials of the for the discharge head, column, shafting, column, bowl assembly and strainer and all other necessary appurtenances and ancillary equipment to provide a completely new, efficient, operable pumping system shall be provided to the CITY for its review and approval. B. The stuffing box shall be rebuilt with new bushing and packing. C. The new column pipe shall be Steel Grade B Schedule 40, consisting of two five-foot sections and nineteen (19) ten foot section. See attached As -built drawing for well (Addendem 1). D. Shafting shall be 416 stainless steel and be 1 -15/16 inch diameter. Couplings are to be 416 stainless steel. The new 416 stainless steel head shaft shall be installed along with bronze adjustment nut, gib key and rubber slinger. E. The top eleven retainers shall be made of bronze and threaded type. The remaining retainers are to be drop-in type. Each retainer shall include a rubber bushing to match the shaft outer diameter. F. The suction pipe shall be a 12 inch by 10 foot long pipe with a 7 gauge 316 stainless steel cone strainer welded to the pipe end. A 10 inch by 12 inch reducer shall be welded to the other end to allow pipe to thread into the pump suction. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. General Pump Company, Inc. Bidder's Name (Please Print) 6/12/19 Date Michael Bode - President / Dir, of Engineering 22ztzz / Autlioriz4d Signatu e & Title FIGURE 3 WATER WELL REHABILITATION TAMURA DEEP FLEXIBLE COUPLING EXHIBIT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7427-2 I 5/29/2019 TABLE I SUMMARY OF SUBMITTALS* Bid Bid Item/ Item Work Phase Submittal Specification Submitted Schedule Section(s) All Daily Activity Reports. All Phases of Daily reports grouped and submitted weekly. Work I Contractor Complete list of equipment to be used in the TP -1 Preconstruction meeting or prior to commencement Equipment List performance of the Work. of site activities. Pump Removal Daily Activity Reports. TP -2 Daily reports grouped and submitted weekly. 2 Inspection Report with Photographs. Inspection Report to be submitted within two weeks of pump removal. Well Casing Brushing & Data on the make, model and diameter of bailer. TP -3 Data to be submitted prior to commencement of site 3 Bailing Daily Activity Reports. activities. Daily reports grouped and submitted weekly. Video Surveys Downhole Color Video Survey of all video logs. TP -4 Five (5) DVD copies of video log due in the field within 48 hours of completion, and three electronic 4 reports in Adobe PDF and one in .avi format. Casing Inspection Name of the subcontractor conducting the CITM survey. TP -5 Name of subcontractor prior to commencement of Thickness Survey (CITM). A casing inspection thickness measurement log shall be site activities. submitted to the Hydrogeologist immediately after Three (3) field copies and five (5) final copies of the 5 collection. survey due upon completion, (1) ASCII digital copy and Adobe PDF of survey due within one (1) week o completion. Installation of Downwell Patch Subcontractor that is to perform the work and data on TP -6 Subcontractor name and materials prior to 6 patch material(s), type of patch and diameter(s). commencement of site activities, Daily reports grouped and submitted weekly. Caliper Survey Name of subcontractor conducting the Caliper survey. TP -7 Name of subcontractor prior to commencement of Caliper survey log(s). site activities. Three (3) field copies and five (5) final copies of the survey due upon completion; (1) 7 ASCII digital copy and Adobe PDF of survey due within one (1) week of completion. Plumbness & Alignment Daily Activity Reports TP -8 Name of subcontractor prior to commencement of Survey Name of subcontractor conducting alignment survey and site activities.Three (3) field copies and five (5) final gyroscopic survey log(s). copies of the gyroscopic survey due upon 8 completion; (1) ASCII digital copy and Adobe PDF of survey due within one (1) week of completion. Installation of Casing Liner & Casing certification and gravel pack gradation. TP -9 Electronic copies in Adobe PDF of each, prior to Gravel Pack commencement of casing liner installation. 9 "Air -Jetting" Name of subcontractor and method. TP -10 subcontractor and method to be submitted prior to 10 Daily Activity Reports. commencement of site activities. Daily reports grouped and submitted weekly. Chemical Treatment Daily summary (depth intervals developed, chemicals TP -I 1 Daily reports grouped and submitted weekly. used and their quantities, and residual chlorine and pH I 1 measurements). Mechanical Development Daily Development Summary (depth intervals TP -12 Daily reports grouped and submitted weekly. developed, total hours, gravel settlement/additions, and 12 volume of sediment bailed from well). Discharge of Development Daily Discharge Summary (in gallons per day) and TP -13 Daily reports grouped and submitted weekly and Fluids copies of laboratory reports due within one week of laboratory reports (Adobe PDF) due within one week 13 analysis. of completion of analysis. Test Pump Pump Installation Summary: type, diameter, capacity TP -14 Due upon completion of pump installation. Installation range, intake depth & calibration certification and accuracy tests for the flow meter. 14 Page 1 of 2 TABLE I SUMMARY OF SUBMITTALS* Bid Bid Item/ Item Work Phase Submittal Specification Submitted Schedule Section(s) Pumping Daily Development Summary (hours pumped, surging TP -15 Daily reports grouped and submitted weekly. Redevelopment details, daily static water level, well discharge, pumping 15 water level, specific capacity and sand content). Pumping Tests Daily Pump Test Summary (hours pumped, pumping TP -16 Daily reports grouped and submitted weekly. 16 rates, daily static water level, well discharge, pumping Dynamic Flow Meter (Spinner) Spinner survey under pumping conditions, digital and TP -17 Three (3) field copies due upon 17 Survey paper logs of survey. completion and five (5) final copies, one (1) ASCII digital copy & 1 Adobe PDF of survey due within Furnish & Install Permanent Diagram of the as -built installation of the pumping TP -19 One paper and one electronic copy of the diagram Pumping System system showing all components, installed depths, and a and list of components, one week following 18 listing of all materials used in the installation. installation of the pumping system. Daily Activity Reports. Daily reports grouped and submitted weekly. Vibration Testing Final written reports that include the acceptance TP -20 Provide three (3) bound, final written reports that 19 criteria of all equipment furnished under this include the acceptance criteria of all equipment contract. The report to include initial testing results, famished under this contract 3 -day (72 -hour) Continuous Daily Pump Test Summary (hours pumped, pumping TP -21 Daily reports grouped and submitted weekly. Pumping Test rates, daily static water level, well discharge, pumping 20 water level, specific capacity and sand content). 21 Well Disinfection & Site MSDS of the type of chlorine used downwell TP -22 Due within one (1) week following completion. Cleanup 22 Repair of Existing Facilities Daily Activity Reports. TP -23 Daily reports grouped and submitted weekly. Provide As -Built Plans Final diagram showing all dimensions/depthsAengths of TP -19 Within 2 weeks following permanent pump motor, pump, pump column strainer, etc., and all data installation. 23 related to pump rate and electrical specifications. Notes: *Submittals shall be delivered to the City Representative identified in the Pre -Construction meeting. Additional submittals not presented in Table 1 may be required by the City to Page 2 of 2 7 l /:3 NF T " O:RAtN 2aor i r.♦ WOFU�- SUeTtON pin a1 VERTICAL 1-1 K„ r TURBINE TYP E " F" 1/4 -NPT J TAP -- VSQ. lb PUMP o—r 13I_j 4-- ,y$ DIA. HOLES LS'%z Z'` T'PP F- - )S'' �I`�' � LEVEL TRANS w�iTTER. � E'GEI I MOTOR f L� I ENCLOSURE —WP 1 i TYPE _k) LiS_ NRR_ HP RPM PHASE HERTZ (,o VOLTAGE 460 NO. _ 5c �+ T YPc' COI •?+ �I�G nom REMARKS NO. LJ►uTs Q'D ` WELL ey • _ .__.. c)cte . --16q.Z PUMP --L��"F" -STL. DiSCH HCS, X�' LJNE SHAFT IZ N COL — SHAFT TUBE PROD.LUBE T OIL LUBE TYPE STAGE . _ al"o GPM —!0_0 _TDH IMPELLER t�xlo�c� STRAINER MI ATR i AL COL PIPE �!Kt-�1 .,3.. w PUMP 7OWL -G trssz 30 LINE SHAFT -41(v Ss. _. IMPELLER 5- S4=�s31�• _ SHAFT TUBE _ BEARINGS 8OW_ SHAFT _...4 iG S S . BEARINGS( e9dAM PLO �4MAOvs^_ SHAFT PA.CKHNG __ STRA!NER 55 BRG. RETAIII iER BOWL W/R 6 S%4 Maj^c� lo3(e FLUID-.— X120 SPEC.' GRAVITY j .o VISCOSITY '— TEM. PERATURE�_ PH i NOT To BE uSED FOR corisTRuc nom .SII r -c7 ('FR',IfWrl IMPELLER W/R_ I USTOMR El Ix ��f L-��e�uis G C Y J I ORDER -NO. I SUPPLIER�Yu�,�� 'I II Dwc. NO. I ' SERIAL NO. r! i ■■■���■�Kd ���� Gm nd Level (Depth In Feet) f 5(r 76-7V 225' 23B' 240' 328' 395' ■_t �� 455' '. 520' 54WW ■ 555' `• 570' '• a 655' 6w�— 700' 72W I.D. Air Vent Tube 3r O.D. Conducmr' Carlo Cement Grout for Condle.'Oor -AppioXknate Static VMW Level • 3" I.D. (gaud Feed Tlbe • Cement tout Seal 20" O.D. Carbon Steel Biaok Casing are" vim •,C LD. Camera PoK Saadirg Tube 2A" x 1 G Cone Reduxr - Carbon Steel - 318` Wall 34" Dia. Reamed Bo"dwit Botham of Cement Seavrop of Graver Pack 16' OD. Carbon Shed OMW Slot, Rome Mors, FuEFb Lourered Casing 5A w WA 16' O.D. Carbon Steel Bleat Cadrp41t6' Vii 29 Dia. Reamed Boretu b Colorado Silica Sww Gravel el Peek - e X 2D Gradmfim 1W O.D. Cad" Steel Color Pips With End Cap, SHW Wall Nat to Scale RICHARD C. 'SLADE & ASSOCIATES C0NSIN_7llW GR0UNDMTMGEOL0GW S FIGURE 4 "AS43UILr WELL SCHEMATIC HISAMATSU MkMURA SCHOOL DEEP WELL. CERTIFIED TEST RESULTS & PERFORMANCE CURVE CITY OF NEWPORT BEACH TAMURA SCHOOL DEEP WELL MANUFACTURER- PEERLESS PUMP MODEL 16HXB 4STG 3200GPM @ 335FT TDH TEST NO 195773 VERT PUMP- TESTED WITHJOB# 1e4q1MR 400-0 HP 4 p, 60 CY MOTOR ('CALIBRATED) Curve 4.852E48 -A 4 -6 -?1 PUYP: MODEL 1614XP 4STAGES 4, SerNr. 175456 DES POINT: 3200. GPM, 33S. FT, 1186 IMPELLER 4601399 IMP DIA: 11,06 TEST, ADJUSTED -TO --1786 Rpm oQRE'SSI '-RATED C -PV TDH BHP EP F \nCTOR HEAD 4s -------------------- 148,5 0 4_97,5 LU - 274.'3-----0- cc 18 11 Z 70 137,2 1099. 459.6 291.5 '*43'*8 < 110.7 2600. 370.7 299.4 813 101.0 3198. 338.4 314.2 87*0 * ECJ yGP� 92.5 3500. 309.7 317.2 86,3 75,7 3996. 253.5 306.3 83,5 OF CAO� 55.2 4495. 184.9 281.2 74.6 < (Fl0wrate below flowmeter applic. 3�ange! Enter new rated RPM if revl'sina Raw data in progr V R C A L on JUN 26, 1997, 1():50 AM -% 4- Qcj . 2" - 3200. 4 1766. 175456 12.000 19S773. 4601399 400.0 14491MR 11-06 1787, 212.5 0. .450 12 .478 1787, 19G.0 1100, 12 :1785.5 7 . C, 2600' .4. 0C. 72 1787 143.0 3200. 1786. 1 .515 12 13 1788. 0,3 3500. 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Cl - u Z H coli ::E 11 v � n _W (� u f z O a LLI �I W tL O a R 2 < h H , r I:J � X a c J a LL �, h F- ❑ I I x � :C U s <% u _J \ w -►� O ,� N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WATER WELL REHABILITATION TAMURA DEEP CONTRACT NO. 7427-2 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 1 1 2 2 2 3 3 3 3 3 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-2 LABOR 7-2.2 Prevailing Wages 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10.4 Safety 6 6 6 7 7 7 7 7 7 7 7 8 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 2 - CONSTRUCTION MATERIALS SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials E. 8 8 8 8 12 13 13 13 13 13 PART 3 - CONSTRUCTION METHODS 14 306-8 PREFABRICATED PRESSURE PIPE 14 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WATER WELL REHABILITATION TAMURA DEEP CONTRACT NO. 7427-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Technical Specifications; (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: hftp://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or by calling 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a "C- 57" Water Well Drilling Contractor license. At the start of work and until completion of Page 1 of 14 work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of: 1. Mobilization of equipment and personnel to the well site. 2. Disconnecting the piping & electrical systems from the well and removing the motor, pump column and pump bowls from the well. Inspect the condition of the pump system and submit a report to the City for its refurbishment/repair or for replacement. City staff will handle all electrical disconnections from the permanent motor. Permanent motor may be stored on-site inside the pump house on a pallet supplied by Contractor. 3. Initially conduct wire -brushing and bailing of sediment fill from the bottom of the well. Use a hydrogen peroxide solution to help remove encrusting material from the casing walls. 4. Conduct an initial video survey of the entire well casing. 5. Perform Casing Inspection Thickness Measurement (CITM) survey following the video survey, to determine the current thickness of the well casing. 6. Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified. 7. Optional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well. 8. Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as specified. 9. Perform "Air -Jetting" of the well to help dislodge and loosen any material from the perforations and the gravel pack around the well. 10. Conduct chemical treatment of the well using HerChemTec solutions. 11. Perform mechanical re -development via simultaneously swabbing and airlifting of the chemical solutions from the well. Fluids generated during this process shall be treated prior to discharge to the local storm drain system. 12. Mobilize, install, operate, maintain and then remove a temporary test pump and test motor capable of pumping up to 3,500 gpm. 13. Conduct pumping development by pumping and surging. Page 2 of 14 14. Conduct a 12 -hour step -drawdown test and a 24- to 48-hour constant rate pumping test. 15. Near the end of the constant rate pumping test, perform a dynamic spinner survey in the well. 16. Remove the test pump and disinfect the well. 17. Re -install the new pump components in the well and conduct vibration testing, and trim balance, followed by a 72 -hour pumping test at the design rate. Disinfect the pump components during installation. 18. Perform well chlorination and clean up the well site. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ........................................... 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures .......... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. Page 3 of 14 To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of these Special Provisions and Technical Specifications. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Page 4 of 14 Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. Construction shall only occur between November 2019 to March 2020.The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 St (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. Page 5 of 14 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit As -built plans for pump to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City of Fountain Valley water, the Contractor shall arrange with the City of Fountain Valley and follow all requirements for permits to use the water. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. Page 6 of 14 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water facilities as required. Contractor must coordinate with adjacent property owner Beachpoint Church 17415 Magnolia St., Fountain Valley, CA 92708 (714) 847-3573 located in front of the project site. Any equipment storage and construction vehicles in the church parking lot must be coordinated with Beachpoint Church. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. Page 7 of 14 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as Page 8 of 14 needed, costs of obtaining any and all permits and all other related work as required by the Contract Documents. This bid item shall also include setup time of equipment, personnel and materials to the well site. There will be no additional payment for rig time or idle time while setup of equipment is occurring at the well site and for all materials purchased or rented as part of the setup of equipment at the well site. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup and providing any required documentation as noted in these Special Provisions and Technical Specifications. Item No. 2 Remove Existing Pump Motor, Column and Pump: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for disconnecting all appurtenances connected to the existing pump and transport them to the Contractor's yard for inspection. City Staff will handle disconnecting all electrical connections from the motor. An inspection report is required and shall be submitted to the City to list the condition of all components removed and shall be documented with photographs. The Contractor shall also verify pump shaft and column diameters. This bid item shall include cost to disconnect all electrical connections and remove all apparatus equipment from the well, including but not limited to: the motor, discharge head, oil tubing, cable shafting, column, bowl assembly, strainer, sounding tube and airline. This bid item shall include the cost to transport and deliver the existing motor, discharge head, pump, and appurtenances from the well site to the Contractor's yard and all other work items as required to complete the work in place. Item No. 3 Brush Casing and Bail Sediment Fill: Work under this item shall include, but not limited to, all labor, tools, material costs and equipment necessary to perform wire brushing the inside of both the existing well casing and the 4 -inch diameter camera/sounding tube, and then the removal of accumulated materials from the bottom of the well casing via bailing. A total of 32 hours is allotted for wire brushing of the well casing and the camera/sounding tube, and for the bailing to help perform an initial sediment removal from the well. Time required for brushing and bailing will be recorded by the hour with 30 -minute intervals as the smallest unit of recorded time. No payment will be made for delays from equipment stuck in the well casing, equipment breakdown or failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. Any equipment and/or tools stuck downwell shall be removed by the Contractor at the Contractors expense. Item No. 4 Downwell Video Surveys: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting three (3) clear - viewing color video surveys with dual viewing camera (side -looking and downwell capabilities) in the well following brushing and bailing, mechanical redevelopment, chemical treatment operations, and final video survey following removal of the test pump. Work includes clarification of the water, as specified in the Technical Provisions in order to provide clear -viewing conditions of each entire casing. There will be no payment for re -conducting any new video surveys required due to poor viewing conditions in any of the surveys. Item No. 5 Casing Inspection Thickness Measurement Survey: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for Page 9 of 14 conducting a measurement of the current thickness of the casings in the well using a Casing Inspection Thickness Measurement (CITM) Tool, and all other work items as required to complete the work in place. Item No. 6 Optional - Installation of Downwell Casing Patches: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for the installation of downwell casing patches, at depths directed by the CITY and/or its TECHNICAL REPRESENATIVE, and all other work items as required to complete the work in place. This is a deletable bid item and may not need to be conducted in the well as determined by the CITY. Item No. 7 Optional - Caliper Survey: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting a Caliper Survey for the purpose of measuring the current diameter of the well casing and all other work items as required to complete the work in place. This is a deletable bid item and may not need to be conducted in the well as determined by the CITY. Item No. 8 Optional - Plumbness and Alignment Testing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting a plumbness and alignment survey with a gyroscopic tool for the purpose of measuring the degree of deviation of the well casing and all other work items as required to complete the work in place. This is a deletable bid item and may not need to be conducted in the well as determined by the CITY. Item No. 9 Optional - Installation of Casing Liner and Gravel Pack: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing a Type 304L stainless steel liner and gravel pack as specified and all other work items as required to complete the work in place. This is a deletable bid item and may not need to be conducted in the well as determined by the CITY. Item No. 10 "Air-Jetting" Methods: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cleaning the existing well casing and gravel pack using an approved "air jetting" method such as AirBurstTM, BoreBlastTM or approved equal. Work includes cost for any equipment to lift the devices into and out of the well and all other work items as required to complete the work in place. Item No. 11 Chemical Treatment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting chemical treatment will include thoroughly mixing and then injecting the chemical mixture into the well through a dual swab tool and mixing the chemicals thoroughly throughout water column as specified. These chemicals shall be injected and swabbed into each 10- or 20- foot section of casing perforations. The Contractor will need to calculate the volume of chemicals to add to each section of perforations, based on the length of the tool used and all other work items as required to complete the work in place. Item No. 12 Mechanical Redevelopment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting mechanical Page 10 of 14 redevelopment of the perforated sections of the casing using simultaneous swabbing and airlifting techniques in accordance with the Technical Specifications. Work includes a total of 80 hours is allotted for mechanical redevelopment to redevelop the well by airlifting and swabbing. Work includes bailing to remove sediment fill from the bottom of the casing following completion of mechanical redevelopment and all other work items as required to complete the work in place. Item No. 13 Discharge of Redevelopment Fluids: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting treatment and proper discharge of well redevelopment fluids generated during mechanical redevelopment, pumping redevelopment and testing operations. Such discharge is to be conducted in compliance with the applicable City NPDES permit. Work includes two above ground 15,000 to 21,000 gallon storage tanks (Adler, Rain -for - Rent or similar). Chemical to neutralize any acidic water will be applied as necessary to maintain compliance with City NPDES permit, costs for chemical are to be included in this bid item. Costs also include sampling, analysis and reporting associated with NPDES permit compliance and all other work items as required to complete the work in place. Item No. 14 Test Pump Installation: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing and removing redevelopment/test pumping equipment consisting of a deep well, line -shaft, turbine test pump. The prime mover (motor) for the deep well, line shaft, turbine test pump shall be an electric engine of sufficient capacity to allow the test pump to operate in accordance with maximum pumping rate of 4,500 gpm, Total Dynamic Head (TDH) 150 ft bgs, Depth Setting of Pump Intake 180 ft bgs and all other work items as required to complete the work in place. Item No. 15 Pumping Redevelopment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for redevelopment by pumping and surging with a deep well, line shaft, turbine test pump in the well for 48 hours, measured by minimum of 30 -minute intervals and all other work items as required to complete the work in place. Item No. 16 Pumping Tests: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting a 12 -hour (maximum) step drawdown and a 48-hour(maximum) constant rate pumping test of the newly rehabilitated well, in order to assess its current, post rehabilitation pumping rates and specific capacities, and all other work items as required to complete the work in place. Item No.17 Dynamic Flowmeter (Spinner) Survey: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting a vertical flowmeter (spinner) survey, under dynamic (pumping) conditions, to provide information on the current down well flow regime into the newly rehabilitated well and all other work items as required to complete the work in place. Item No. 18 Rebuild & Re -installation of the Permanent Pump: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for Page 11 of 14 rebuild and reinstallation of a permanent pump in the well capable of pumping at the City's design rate and TDH. Pump design shall be submitted to the City for review and approval prior to procurement. Pump design shall include trimmed 201 stainless impellers, stainless steel collets, stainless steel bolting, stainless steel shafting and bronze bearings. Work includes reinstalling the permanent motor and City staff will perform reconnection of electrical wiring to the permanent motor. Work shall cover equipping the well with a permanent pump, parts include, but not limited to the column flange, pump bowls, pump column, strainer, replace and/or repair sole plate bolts and all other appurtenances and accessories necessary to provide fully operational pumping system and all other work items as required to complete the work in place. Item No. 19 Vibration Testing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing vibration testing of the new permanent pump. Work includes providing field trim balance to remove harmonic resonance vibration between the pump and the motor to remove vibration and all other work items as required to complete the work in place. Item No. 20 Operational Pumping Test: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing a continuous 3 - day (72 -hour) pumping test of the installed pump. This test shall be performed at the design rate of 3,000 gpm. Work includes recording work at 30 -min intervals and all other work items as required to complete the work in place. Item No. 21 Well Disinfection/Site Clean Up: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for conducting disinfection of the well and site cleanup following installation of the permanent pump and all other work items as required to complete the work in place. Item No. 22 Repair/Restoration of Existing Facilities: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for and all other work items as required to complete the work in place. Item No. 23 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 12 of 14 PART 2 - CONSTRUCTION MATERIALS SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and transition couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from stainless steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti - seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. Page 13 of 14 PART 3 - CONSTRUCTION METHODS 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning The Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services. 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall plan with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. Page 14 of 14 TECHNICAL SPECIFICATIONS FOR THE REHABILIATION OF TAMURA DEEP WELL CITY OF NEWPORT BEACH TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION DESCRIPTION PAGE NO. SPECIFICCONDITIONS...........................................................................................sc-1 SECTION TP -1: SECTION SC -1: LOCATION OF PROJECT SITE & WELL INFORMATION .................... SC -1 SECTION SC -2: DESCRIPTION OF THE WORK.................................................................... SC -2 SECTION SC -3: PRECONSTRUCTION MEETING................................................................. SC -4 SECTION SC -4: OBSTRUCTIONS AND COORDINATION WITH OTHER WORK ......... SC -4 SECTION SC -5: CONTRACTOR SITE SUPERVISION AND COMMUNICATION ........... SC -4 SECTION SC -6: CONTRACTOR RESPONSIBILITIES........................................................... SC -5 SECTION SC -7: CONTRACTOR'S EQUIPMENT.................................................................... SC -6 SECTION SC -8: PERSONAL SAFETY AND MONITORING EQUIPMENT ........................SC -7 SECTION SC -9: WATER SOURCE............................................................................................. SC -7 SECTION SC -10: SUBMITTALS.................................................................................................. SC -7 SECTION SC -10: PERMITS OBTAINED BY CITY.................................................................. SC -8 SECTION SC -11: CONTRACTOR NOTIFICATIONS.............................................................. SC -8 TECHNICAL PROVISIONS.................................................................................... TP -1 SECTION TP -1: MOBILIZATION/DEMOBILIZATION......................................................... TP -1 SECTION TP -2: PUMP REMOVAL............................................................................................. TP -3 SECTION TP -3: BRUSH CASING AND BAIL SEDIMENT FILL ........................................... TP -5 SECTION TP -4: DOWNWELL VIDEO SURVEYS................................................................... TP -7 SECTION TP -5: CASING INSPECTION THICKNESS MEASUREMENT ......................... TP -10 SECTION TP -6: INSTALLATION OF DOWNWELL CASING PATCH(ES)...................... TP- 12 SECTION TP -7: CALIPER SURVEY........................................................................................ TP -14 SECTION TP -8: PLUMBNESS & ALIGNMENT SURVEY .................................................... TP -16 SECTION TP -9: INSTALLATION OF CASING LINER & GRAVEL PACK .................... TP -18 SECTION TP -11: CHEMICAL TREATMENT......................................................................... TP -22 SECTION TP -12: MECHANICAL REDEVELOPMENT........................................................ TP -25 SECTION TP -13: DISCHARGE OF REDEVELOPMENT FLUIDS......................................TP-27 SECTION TP -14: TEST PUMP INSTALLATION.................................................................... TP -29 SECTION TP -15: PUMPING REDEVELOPMENT................................................................. TP -32 SECTION TP -16: PUMPING TESTS......................................................................................... TP -34 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -17: DYNAMIC FLOWMETER (SPINNER) SURVEY .................................... TP -38 SECTION TP -18: REBUILD & RE -INSTALLATION OF PERMANENT PUMP ............... TP -40 SECTION TP -19: VIBRATION TESTING................................................................................ TP -42 SECTION TP -20: CONTINUOUS PUMPING TEST................................................................ TP -46 SECTION TP -21: WELL DISINFECTION & SITE CLEAN UP ............................................ TP -47 SECTION TP -22: REPAIR OF EXISTING FACILITIES........................................................ TP -50 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SPECIFIC CONDITIONS SECTION SC -1: LOCATION OF PROJECT SITE & WELL INFORMATION A. The Tamura Deep Well is located on the east border of the Hisamatsu Tamura School and just northwest of the intersection of Magnolia and Slater Ave, in the City of Fountain Valley, as shown on Figure 1, "Well Location Map," in Appendix 1. Available information from the State Well Completion Report (provided in Appendix 2), and from Figure 2, "As -Built Well Diagram" (provided in Appendix 1), reveals the following pertinent construction details: 1. The well was constructed in 1996 to a depth of 700 ft below ground surface (bgs) using the reverse -circulation drilling method. 2. The well casing consists of. 20 inches outside diameter (OD), with 3/8 -inch wall thickness blank (unperforated) casing, to a depth of 238 ft bgs; then 16 inches OD, with 5/16 -inch wall thickness blank casing interspersed with louvered casing, to a depth of 690 ft bgs. A two -foot casing reducer joins these two different casing diameters at depths between 238 and 240 ft bgs. All well casing material is low carbon steel (LCS). 3. A 20 -foot long section of 16 -inch OD by 5/16 -inch wall thickness blank cellar casing extends from the bottom of the louvers at 690 ft to 700 ft bgs; a well cap covers the bottom of the cellar casing. 4. The perforations consist of Roscoe Moss Company (RMC) Ful-flo louvers and these were reportedly placed between the depths of 395 ft to 455 ft bgs, 485 ft to 520 ft bgs, 540 ft to 555 ft bgs, 570 ft to 625 ft bgs, and 655 ft to 690 ft bgs; the slot opening size of the louvers is 0.050 inches (or "50 -slot"). 5. The casing was set within a 34 -inch diameter ream to a depth of 360 ft bgs, followed by a lower 26 -inch diameter ream between 360 ft and 720 ft bgs. The pilot borehole from 720 ft to the total drilled depth of 758 ft bgs was infilled with materials from the borehole reams. 6. The gravel pack consists of Colorado Silica Sand, Inc, (CSSI) with an 8 X 16 gradation. 7. The well was provided with a 3 -inch ID gravel feed tube set to a depth of 350 ft bgs and a 4 -inch ID camera port sounding tube set to a depth of 225 ft bgs. B. Initial pumping development and testing of the well following completion of construction revealed that at a rate of 3,082 gallons per minute (gpm) the total amount of water level drawdown was 40.8 ft. Thus, the initial calculated specific capacity of the well was 75.6 gpm per foot of drawdown (gpm/ft ddn). C. A recent video survey of the well was performed in September 2018; a copy of the video survey report is provided in Appendix 3. This report reveals the following salient conditions in the well at that time: 1. The growth on the casing was considered to range from moderate to heavy. 2. Perforations were reported as being Ful-flo louvers at the approximate depths of 397.6 to 457.8 ft below reference point (brp), 487.9 to 522.6 ft brp ft, 542.9 to 557.7 ft brp, SC -1 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 572.8 to 627.7 ft brp, and at 657.6 ft brp; the bottom of this perforation zone was not reached due to the presence of sediment fill at a depth of 691.3 ft bgs. SECTION SC -2: DESCRIPTION OF THE WORK A. Work will include furnishing of all materials, labor, equipment, fuel, tools, transportation, and services to complete the rehabilitation and testing of the well as described in these Specifications (the Work). Work tasks have been separated in two major divisions: Initial Tasks and Tentative Tasks. All Initial Tasks are mandatory and are to be completed; Tentative Tasks will be based on the results of the Initial Tasks, and as recommended by the CITY and its representative (herein referred to as the TECHNICAL REPRESENTATIVE). B. Initial Well Rehabilitation Tasks The basic work required for rehabilitation of the well is summarized below. The Project Technical Provisions, Part 2, Sections 1 through 5 provide greater detail on each of these initial tasks. The Initial Tasks include, but are not limited to, the following: 1. Mobilization and demobilization of personnel, equipment, and operating supplies to and from the well site. 2. Remove the existing motor, pump column and pump bowls. 3. Initiate rehabilitation of the well by brushing of the well casing using a steel wire brush, and bailing sediment fill from the bottom of the well casing. During brushing, hydrogen peroxide (H2O2) shall be used to help remove biofilm from the well. 4. Perform video inspection of casing after brushing and bailing and deliver to the CITY for review, and conduct a Casing Inspection Thickness Measurement (CITM) survey of the entire well casing. The basic purpose of the above Initial Tasks is to allow a better assessment of current downwell physical conditions, so that subsequent and more specific work may be better defined and then performed in the well. C. Tentative Well Rehabilitation Tasks After the above Initial Tasks have been completed, and the resulting data have been reviewed by the CITY and its TECHNICAL REPRESENTATIVE, then some or all additional Tentative Tasks may be performed in the well. These additional Tentative Tasks are described in the Project Technical Provisions, Part 2, Sections 6 through 24 and may include but not limited to the following: 1. Optional: Install casing patches to damaged louvers (if identified during CITM survey), as specified. 2. Opional: Perform a gyroscopic plumbness and alignment survey and caliper survey on the well. 3. Optional: Install a Type 304L Stainless Steel casing liner and gravel pack, as specified. 4. Using an active method of scale and/or encrustation removal using the AirBurstTM or BoreBlastTM methods or approved equal. TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 5. Conduct chemical treatment of the well as specified herein using H2O2 and Well- K1eanTM Concentrate and Well-K1eanTM Pre -blend and Sodium Bicarbonate (NaHCO3), and other approved chemicals. These chemicals will need to be swabbed in separately, as specified herein. 6. Swab and agitate the chemicals throughout all louvered intervals of the casing. The bid item is based on the total number of gallons of water to be treated in the well and the treatment method (chemicals to be used) specifically recommended by HerChemTech, LLC (HCT). The H2O2 may be applied following brushing and bailing of the well. 7. Conduct mechanical redevelopment of the well by simultaneous airlifting and swabbing of the well casing. Care must be exercised by the CONTRACTOR when using swabbing tools to preclude damage to the louvered sections of the casing. Discharge the fluids into one or more onsite above -ground tanks for treatment, prior to final disposal. 8. Perform interim video surveys to help ensure the effectiveness of the chemical and mechanical rehabilitation operations. These interim video surveys are to be reviewed by CITY and its TECHNICAL REPRESENTATIVE. 9. Install a temporary deep well, turbine -type test pump in the well and conduct pumping redevelopment (pumping and surging) for a maximum period of 48 hours. Pump the initial discharge to onsite above -ground tank(s), collect a water sample, and analyze the sample for NPDES specified constituents. The motor (i.e. prime mover) shall be either a diesel or gasoline engine. During this pumping redevelopment, monitor water levels using an electronic water level sounder, pumping rates/volumes using a dual reading flow meter, and sand production using a Rossum sand tester device. 10. Perform a maximum 12 -hour step drawdown test and a minimum 24-hour (maximum 48-hour) constant rate pumping test to determine the new (current) specific capacity of the well. Water levels, pumping rates/volumes, and sand production shall be monitored during these tests. 11. Conduct a dynamic flowmeter (spinner) survey near the end of the final constant rate pumping test. 12. Perform a final video survey to check the well casing for possible damage from installation and/or removal of temporary test pump, and to determine the amount of sediment fill at the bottom of the well casing; bail the accumulated sediment. 13. The CONTRACTOR shall refurbish, repair, and replace, as necessary, pumping components for the existing pump motor, pump column, pump bowls, and other items as specified in the well, complete and capable of pumping at a design rate against and at a Total Dynamic Head (TDH) as specified herein. This will include reconnecting all piping, wiring the pump into the existing electrical system and conducting the requisite testing of the pump. This will also include conducting vibration testing of the new pump and performing a 3 -day (72 -hour) continuous pumping test on the well. 14. Perform a final disinfection of the well and conduct site cleanup at the well site, as specified. TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 15. Restore the site to its original condition, prior to work at the site. SECTION SC -3: PRECONSTRUCTION MEETING A. Upon issuance of Notice to Proceed, or earlier when mutually agreeable, CITY will arrange a preconstruction conference. B. CONTRACTOR'S superintendent, CITY, TECHNICAL REPRESENTATIVE, Engineer/Architect representatives of utilities, major subcontractors and others involved in performance of the Work, and others necessary to the agenda shall attend the Pre -construction Meeting. 1. Office, construction, and storage areas 2. CITY's requirements 3. Construction facilities, controls, and construction aids 4. Coordination of construction with CITY operations and others 5. Temporary utilities 6. Safety and first aid procedures 7. Security procedures 8. Housekeeping procedures C. CONTRACTOR will record minutes of meeting and distribute copies of minutes within seven (7) days of meeting to participants and interested parties. SECTION SC -4: OBSTRUCTIONS AND COORDINATION WITH OTHER WORK A. At least forty-eight (48) hours prior to commencing the rehabilitation work and prior to any operations involving existing CITY facilities, the CONTRACTOR shall notify the CITY's TECHNICAL REPRESENTATIVE. B. Prior to any rehabilitation work, the CONTRACTOR shall expose all known nearby utility crossings in order to provide for grade and alignment adjustments, if necessary. SECTION SC -5: CONTRACTOR SITE SUPERVISION AND COMMUNICATION A. The CONTRACTOR shall provide a qualified and experienced foreman and well rehabilitation superintendent, one of whom shall be constantly in attendance throughout rehabilitation of the well. In addition to directing all well rehabilitation and testing activities, the foreman shall be capable of coordinating the work with all personnel, subcontractors, the CITY's TECHNICAL REPRESENTATIVE and the CITY so that the overall project is successfully executed and completed without undue conflicts or delays. No changes in key CONTRACTOR personnel will be allowed without approval of the CITY. Approval may be granted provided the qualifications and experience of the replacement worker are equivalent or better than the initial worker. TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP B. At all times the CONTRACTOR shall have at the work site the means for communicating (i.e. cellular telephones) between all workers at the site, their office and the CITY's TECHNICAL REPRESENTATIVE. Two-way radios are not an acceptable form of communication. The telephone numbers for all workers shall be provided to the CITY's TECHNICAL REPRESENTATIVE at the pre -construction meeting so that the CONTRACTOR's personnel are available at all times for status updates. Telephones with a vibrating mode shall be made available to CONTRACTOR's field crew so that the incoming calls may be detected above the noise at the work site. SECTION SC -6: CONTRACTOR RESPONSIBILITIES A. The CONTRACTOR is solely responsible for making all necessary provisions for mobilizing onto and demobilizing from the well site with the necessary equipment, tools, supplies, materials, and personnel. B. The CONTRACTOR shall make adequate provision for the protection of the work area and the well against fire, theft and vandalism and for the protection of the public against exposure to injury. The CONTRACTOR shall bear the responsibility for protection of all equipment and material at the worksite. To prevent intrusion by unauthorized persons, the CONTRACTOR shall fence the area with chain link fence and this fencing shall be covered with green screening material. Further, gates, where installed, shall be a locking type and existing doors to the facility shall be kept closed when not immediately in use. All openings in the fenced enclosure shall be closed when not immediately in use. C. The CONTRACTOR shall satisfy himself/herself of all local conditions affecting his/her work. The CONTRACTOR is responsible to have inspected the well site prior to submitting a bid and commencing construction activities. An as -built well design schematic is provided on Figure 2 within Appendix I for reference. Neither information contained in this section, nor that derived from maps or plans, or from the CITY including their representatives or employees, shall relieve the CONTRACTOR from any responsibility specified herein, or from fulfilling any and all terms and requirements of his/her contract. D. The CONTRACTOR shall discharge under the current Orange County Flood Control (OCFCD) MS -4 permit or other NPDES permit, as applicable and as directed by the CITY. The CONTRACTOR shall meet all requirements of the NPDES permit, including any/all water quality sampling, laboratory testing (including payment for same) and reporting to applicable regulatory agencies. E. The CONTRACTOR must have on-site at all times safety data sheets (SDS) for all treatment chemicals. F. The CONTRACTOR shall submit all required reports and data to the CITY and other appropriate agencies. G. The CONTRACTOR shall keep the CITY Project Manager and CITY's TECHNICAL REPRESENTATIVE continuously informed of the on-site work schedule so that well rehabilitation and testing activities can be monitored as required by the CITY. TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP H. The CONTRACTOR is responsible for any damage to properties adjacent to any of the well sites caused by CONTRACTOR activities associated with the Work described herein and shall restore these properties to their original condition. I. The CONTRACTOR shall use only potable water when clearing the well water for the video survey and also during chemical mixing. When using potable water, an air -gap must be maintained between the hose outlet and the standing water surface. SECTION SC -7: CONTRACTOR'S EQUIPMENT A. The CONTRACTOR shall provide all equipment, tools, supplies, materials, power and personnel required to complete the work. All equipment supplied by the CONTRACTOR shall be in good working condition and available for inspection by the CITY's TECHNICAL REPRESENTATIVE prior to the beginning of the Work. If, in the opinion of the CITY's TECHNICAL REPRESENTATIVE, any of the equipment is not suitable for well redevelopment operations, either because of mechanical problems, excessive noise, deviation from the Specifications, or the build-up of substances which could cause well contamination (i.e., from oil, diesel, hydraulic leaks or exhaust residue, etc.), the CONTRACTOR shall adjust, replace or decontaminate said equipment with suitable equipment at the CONTRACTOR's expense. B. All chemicals used for rehabilitation shall be new upon delivery to the site unless otherwise specified herein. C. At the pre -construction meeting, the CONTRACTOR shall furnish a complete list of equipment to be used in the performance of the Work. The Work shall not proceed until the CITY and the CITY's TECHNICAL REPRESENTATIVE are satisfied that the listed equipment is adequate for the Work and will be at the site when needed. D. The required list of equipment shall include, but not be limited to, the following: 1. Pump removal and installation equipment: o Approximate mast height o Total available rig horsepower 2. Type and size of rehabilitation brushes to be used 3. Type of "Air -Jetting" device to be utilized 4. Specifications for the dual -swab assembly 5. Specifications for discharge water storage tanks 6. Specifications and calibration information for the in-line flow meter(s) 7. Types and manufacturers of all chemicals to be used 8. Specifications for chemical mixing tanks 9. Test pumping equipment: o Variable speed engine o Size and type of pump bowl and column assembly TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 10. Permanent pump to be installed in the well o Depth setting o Design flow rate Table 1 provides a list of additional submittals that the CITY will require. SECTION SC -8: PERSONAL SAFETY AND MONITORING EQUIPMENT A. The CONTRACTOR shall ensure that its personnel are properly trained in the handling, use and storage of all rehabilitation chemicals, and shall have proper safety equipment (in addition to basic personal protective equipment) on the worksite at all times. All work shall take place with adequate ventilation. All workers shall be required to wash with soap and water after handling chemicals, eating, drinking, smoking, or using sanitary facilities. B. Material safety data sheets for all rehabilitation chemicals shall be submitted to the CITY's TECHNICAL REPRESENTATIVE and the CITY and shall be kept onsite throughout the ehabilitation process. C. Required additional safety equipment to be available for use onsite at all times shall consist of, but is not limited to, the following: 1. Portable eyewash station 2. Safety goggles o Rubber or neoprene gloves 3. Rubber boots o Tyvek suits 4. Respirator with acid cartridges D. The CONTRACTOR shall ensure adequate water supply is onsite at all times to flush skin and eyes in case of accidental spills. E. The CONTRACTOR shall provide the following field monitoring equipment: 1. pH field meter, measuring pH levels (range 0 - 14 units) 2. Chlorine field meter, measuring residual chlorine (range 0 - 200 mg/L) SECTION SC -9: WATER SOURCE A. The CONTRACTOR shall secure and maintain, at his/her expense, temporary water service for the rehabilitation work at each site. The CONTRACTOR shall then provide adequate distribution facilities for the water, both at the jobsite and offsite, which conform to applicable codes and safety regulations. The water source for the project is to be obtained from a City of Fountain Valley fire hydrant that is located at the well site. SECTION SC -10: SUBMITTALS A. All records shall be available to the CITY's TECHNICAL REPRESENTATIVE and/or the CITY at all times at the job site. All submittals shall be delivered to the CITY in both hard copy and electronic form. Required submittals and submittal schedule are summarized in Table 1. Table 1 is provided only as a guide and is not all inclusive. TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION SC -10: PERMITS OBTAINED BY CITY A. Santa Ana Regional Water Quality Control Board (SARWQCB) National Pollutant Discharge Elimination System (NPDES) permit No. CAS618030, Order No. R8-2009-0030, and NPDES permit No. CAG998001, Order No. R8-2015-0004. The CITY shall provide all required notifications as required by the permit, which includes a minimum of five (5) days advanced e-mail notification to the appropriate County Inspector for each proposed discharge. A copy of each permit is provided in Appendix 4 of these Technical Specifications. B. The CITY will notify OCFCD at least 5 days in advance of any discharges to be conducted by the CONTRACTOR to the local storm drain system. SECTION SC -11: CONTRACTOR NOTIFICATIONS A. The CONTRACTOR will discharge under the current CITY NPDES de minimis permit(s), as noted above, a copy of which is included in Appendix 4. B. The CONTRACTOR shall notify the CITY at least seven (7) days prior to any discharge, so that the CITY can notify OCFCD of these discharges. C. The CONTRACTOR shall be responsible for collection of the approximate samples, cost of analysis, reporting, and adhering to the permit requirements. All collected documents should be submitted to the CITY. D. Discharge water will be conveyed to existing discharge points at the well site. The discharge points at the site conveys flows via storm drains, and ultimately, to the Talbert Channel. E. Business License(s) from the City of Newport Beach, F. Any other permit or licenses necessary to complete the work. END OF SPECIFIC CONDITIONS TECHINICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP TECHNICAL PROVISIONS SECTION TP -1: MOBILIZATION/DEMOBILIZATION PART 1 - GENERAL A. Description Mobilization and demobilization shall include the transportation of personnel, equipment, and operating supplies to and from the well site; establishment of portable sanitary facilities; obtaining an adequate source of fresh water and other preparatory work, as necessary, at the well site; and other work required for mobilization by the CONTRACTOR. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. �uhmittnk Data and information on the equipment to be used for this project including, but not limited to, the type of rig air compressors, and other pertinent equipment shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions, for details on these and other submittals associated with the project. PART 2 - MATERIALS A. The CONTRACTOR shall provide: a crane, pump rig, or other suitable equipment adequate for pump removal and installation; all tools, accessories, power, fuel, materials, supplies, lighting, water, and other equipment; and experienced personnel necessary to conduct efficient rehabilitation operations at the well site. The crane shall be in good condition and of such capacity to properly and safely lift any tools or the pump bowl and column assembly (when installing the temporary test pump or the permanent pump) from (and later into) the well. PART 3 — EXECUTION A. Prior to mobilization of all personnel, equipment, and operating supplies to be used for rehabilitation activities, the CONTRACTOR will be required to perform a video survey to document the pre-existing conditions at the well site. At the pre-bid meeting, the CITY will discuss the items that will need to be provided in these videos. After completion of rehabilitation activities at the well site, the CONTRACTOR shall perform a second video to verify that no damage has occurred to the well site facility and surround properties, and the site has been restored to an acceptable manner to the CITY. Should the videos not be adequate for documentation purposes, based on the CITY's review, then the CONTRACTOR will be required to perform additional surveys, as needed, until the videos have been completed satisfactorily in accordance with the CITY's requests. The completed video survey(s) will be presented to the CITY in DVD and MP4 formats. TP -1 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP B. At completion of the work, the CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the well site as well as all tools, construction equipment, fuel tanks, machinery, temporary structures, and surplus materials. Bailed sediment, sand, loose pump scale, broken pump pieces, etc., are to be removed from the well site and properly disposed of by the CONTRACTOR. The CONTRACTOR shall leave the well site clean and ready for use by the CITY. The CONTRACTOR shall restore all temporary work areas at the well site to its original condition. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for mobilization and demobilization, including setup time of equipment, personnel and materials to and from the well site, preparation of all bonds and insurance, and costs of obtaining any and all permits to perform the work. This bid item shall be made at the lump sum price bid. b) There will be no additional payment for rig time or idle time while setup of equipment is occurring at the well site and for all materials purchased or rented as part of the setup of equipment at the well site. c) The CONTRACTOR shall apply for the Notice of Intent to Discharge under the terms and conditions of the CITY'S NPDES permit. END OF SECTION TP -2 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -2: PUMP REMOVAL PART 1 — GENERAL A. Description This section covers the removal from the well(s) of the existing permanent pump(s) and appurtenances (pipes, electrical cables, etc.). B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Inspection report with photographs (see Item B) under Part 3 — Execution (below). Refer to Table 1 in the Special Provisions for details on these and other submittals associated with this task. PART 2 — MATERIALS A. The CONTRACTOR shall provide a crane, pump rig, or other suitable equipment adequate for removal of the existing pump, column pipe, motors, and appurtenances. PART 3 — EXECUTION A. The CONTRACTOR shall disconnect all electrical wiring and appurtenances prior to the removal of the existing pump from the well. The CONTRACTOR shall remove all apparatus from the well, including but not limited to: the motor, discharge head, oil tubing, water - lubrication tubing, cable, shafting, column pipe, bowl assembly, strainer, and airline. B. The CONTRACTOR shall inspect all apparatus removed from the well and prepare and submit an inspection report describing the condition of all apparatus removed from the well. The CONTRACTOR shall verify the pump shaft diameter to the nearest 1/1,000 inch using a micrometer, shaft quantities and lengths, and column pipe diameter, quantities, and lengths; and include this with the inspection report. Photographs of the apparatus removed from the well shall be taken by the CONTRACTOR and included within that inspection report as a submittal. C. Following removal of the existing pump, the CONTRACTOR shall sound the total depth of the well, with the measurement being recorded in feet below an established reference point, which is to be measured relative to ground (or grade) level. Should sediment fill in the bottom of the well be shallower than the total depth of the well casing, the CONTRACTOR shall then bail this sediment from the bottom of the well casing to the maximum possible extent using a bailer or scow or equivalent retrieval device. TP -3 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for the pump removal will be made on a lump sum basis. b) Price shall include the cost to disconnect all electrical connections and remove all apparatus equipment from the well(s), including but not limited to: the motor, discharge head, oil tubing, cable, shafting, column, bowl assembly, strainer, sounding tube(s), and airline. c) Price shall also include the cost to transport and deliver the existing motor, discharge head, pump, and appurtenances from the well site to the CONTRACTOR'S Yard. The CONTRACTOR shall measure and verify the pump shaft and column diameters. d) The CONTRACTOR shall prepare and submit a report to the CITY listing the condition of all pump components and any repair and/or replacement options and costs for those components. e) Payment will constitute the full compensation for all labor, materials, equipment, power, and all other items necessary and incidental to completion of the work on the well. END OF SECTION 11951 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -3: BRUSH CASING AND BAIL SEDIMENT FILL PART 1 — GENERAL A. Description This section covers the brushing of the well casing and of the 4 -inch diameter sounding tube, and the bailing activities to be performed in the well. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Information on the make, model, type and diameter of the brush and the bailer shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Brush A new stiff steel wire brush shall be used initially to carefully brush the interior walls of the entire well casing; particular focus shall be on the casing perforations, which according to the attached driller's log, extend in depth -discrete intervals continuously between the approximate depths of 395 ft and 690 ft bgs. The ±225 -foot deep, 4 -inch diameter sounding tube shall also be brushed. B. Bailer A bailer or scow or equivalent retrieval device shall be used to remove sediment fill from the bottom of the well casing, following the wire brushing of the interior walls of the casing. PART 3 — EXECUTION A. After mobilization of a pump rig to the site, the CONTRACTOR shall use a new stiff wire brush to thoroughly brush all interior walls of the well casing. The ±225 -foot deep, 4 -inch diameter sounding tube shall also be brushed. Thereafter, the CONTRACTOR shall measure and record the depth to the top of the sediment fill in the bottom of the casing. Following that, the CONTRACTOR shall then remove all accumulated sediment fill and other material from the bottom of the well to the maximum possible extent using a bailer. The attached Driller's Log Report (presented in the Appendix 2) document the reported construction of the well. Following bailing, the well will be allowed to sit for a 24- to 48-hour time period. The debris will be allowed to settle to the bottom of the well during this period. B. All bailed material (water and sediment) shall be placed in appropriate containers. The sediment, after separation from the water, shall be placed in steel, 55 -gallon -capacity drums, properly labeled, and eventually removed from the well site for disposal by the CONTRACTOR. The CONTRACTOR will be responsible for manifesting the bailed material TP -5 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP for disposal at an appropriate and approved landfill. The CITY's TECHNICAL REPRESENTATIVE may be onsite to collect a sample of the bailed material for possible laboratory analysis. An updated total depth of the well casing shall be measured by the CONTRACTOR shortly following bailing of sediment fill. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for brushing and bailing will be made at the unit price bid per hour b) A total of 32 hours is allotted for wire brushing of the well casing and the camera/sounding tube, and for bailing to help perform an initial sediment removal from the well. Any additional hours beyond the bid amount will be paid at the same per unit hour price. c) The time required for brushing and bailing will be recorded by the hour with 30 -minute intervals as the smallest unit of recorded time. The time recorded for payment shall commence when the equipment installed in the well is placed in operation and shall end when such brushing and bailing have stopped at the direction of the CITY's TECHNICAL REPRESENTATIVE. d) No payment will be made for delays resulting from: (i) equipment stuck in the well casing; (ii) equipment breakdown or; (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. e) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or reimburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. f) It is possible that treatment with H2O2 may follow brushing and bailing. The procedure will be discussed with the CONTRACTOR by the CITY and its TECHNICAL REPRESENTATIVE. END OF SECTION TP -6 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -4: DOWNWELL VIDEO SURVEYS PART 1 — GENERAL A. Description This section covers the performance of clear -viewing color video camera surveys throughout the full depth of the well. The basic purpose of these video surveys is to view the conditions within the well casing following brushing and bailing, mechanical or chemical treatment operations or at other periods, as necessary. In addition, a final video survey is to be conducted to check the well casing for possible damage that may have been caused by the installation and removal of the temporary test pump, and to determine the then -current amount of sediment fill in the bottom of the casing. A total of four (4) surveys for the well are included in this bid item. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit the name of the SUBCONTRACTOR retained to perform the camera survey to the CITY and its TECHNICAL REPRESENTATIVE for approval prior to use. 2. Five copies in the both a playable DVD format and an Audio Video Interleaved format (avi or mp4 file) of the video recordings shall be provided to the CITY and one to its TECHNICAL REPRESENTATIVE within 48 hours after the survey is complete. 3. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Camera The camera used for the survey shall be equipped with properly functioning centralizers. The equipment used by the SUBCONTRACTOR for each video survey shall produce a DVD with an automatic depth indication. B. Recordings The CONTRACTOR shall provide the CITY and its TECHNICAL REPRESENTATIVE with four DVD recordings and reports of each clear -viewing camera survey. Each video survey log report, at a minimum, shall document the survey date, static water level, perforation (or screened) depth intervals and conditions, and total well depth. Refer to Table 1 for additional details regarding report submittals. TP -7 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 3 - EXECUTION A. The CONTRACTOR shall furnish all labor, material, and equipment required to provide as many as four clear -viewing color video surveys with dual -viewing (side -and downwell viewing) capabilities of the well after preparation of the water to produce clear viewing conditions throughout the entire cased depth of the well. As the camera probe surveys the full casing interval in the well, a digital depth record shall be recorded on the video survey log for reference. B. The video camera shall be capable of providing dual -viewing, in both vertical and horizontal (side and downwell) direction of the entire casing as it descends into the well. C. The CONTRACTOR will introduce a polymer type flocculent (Barafloc, or similar) or lime solution into the well, followed by water through a garden hose. Only water from a potable supply shall be used and an air -gap shall be maintained between the outlet of the hose and the surface of the water in the well. The CONTRACTOR will allow water to flow into the well for a maximum period of 48 hours in advance of the video survey to produce clear viewing conditions. Should a clear video picture of the internal casing conditions not be achieved, additional clear water preparations shall be re -instituted and additional video surveys conducted until a clear video picture record is obtained. This additional work, if needed, shall be accomplished at the CONTRACTOR's expense. D. As the camera surveys the full casing interval in the well, a digital depth record shall be recorded on the video survey log for reference. The digital depth counter shall be set at zero, at approximate ground surface level, with the side -viewing camera. E. The videos shall become the property of the CITY and its TECHNICAL REPRESENTATIVE when the survey is completed, and the required copies shall be provided to the CITY and its TECHNICAL REPRESENTATIVE within 48 hours after the survey is completed in the well. F. Following the final video survey, the CONTRACTOR shall measure and record any sediment fill remaining in the bottom of the casing, and then shall remove the sediment to the maximum possible extent using a bailer, scow or other equivalent retrieval device. All bailed material (water and sediment) shall be placed in appropriate containers. The sediment, after separation from the water, shall be placed in steel, 55 -gallon -capacity drums, properly labeled, and eventually removed from the well site for disposal by the CONTRACTOR. The CONTRACTOR will be responsible for manifesting the bailed material for disposal at an appropriate and approved landfill. The TECHNICAL REPRESENTATIVE may be onsite to collect a sample of the bailed material for possible laboratory analysis. The updated total depth of the well shall be measured by the CONTRACTOR shortly following bailing. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Conduct up to three (3) clear -viewing color video surveys with dual viewing camera (side -looking and downwell capabilities) in the well following brushing and bailing, TP -8 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP mechanical redevelopment, chemical treatment operations, and final video survey following removal of the test pump. b) Payment for each successful, clear -viewing color video survey of each entire well shall be at the per video ("each") bid price. c) Price to include clarification of the water, as specified in the Technical Provisions, in order to provide clear -viewing conditions of each entire casing. d) There will be no additional payment for standby time while the survey is being conducted, or for re -conducting any new video surveys required due to poor viewing conditions in any of the surveys. END OF SECTION TP -9 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -5: CASING INSPECTION THICKNESS MEASUREMENT PART 1 — GENERAL A. Description This section describes the Casing Inspection Thickness Measurement (CITM) survey to be performed in the well(s) following steel brushing and bailing of the casing. The purpose of the CITM survey is to assess metal loss from the casing and help define the possible amounts and depths of casing thickness reduction that may have occurred over time since the date of well construction. The CITM survey could also help to determine possible damaged areas of the casing, and/or possible areas of "pitting" that would otherwise be covered by scale buildup and/or biofilm during a visual inspection of the video survey. This information will also be useful in determining possible chemical and mechanical rehabilitation procedures and activities for the well. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit to the CITY and its TECHNICAL REPRESENTATIVE the name and qualifications of the SUBCONTRACTOR retained to perform the CITM survey for approval prior to performing the survey. 2. Three (3) field copies and five (5) final copies of the CITM survey log shall be provided to the CITY/TECHNICAL REPRESENTATIVE following its completion. 3. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Casing Inspection Measurement Tool The CITM tool uses electromagnetic waves or, more specifically, the "Remote Eddy -Current" method, to measure wall thickness in ferrous low carbon steel, copper -bearing steel, and/or high strength -low alloy steel casings. Note that the CITM tool is not useful on stainless steel materials. With this method, an alternating magnetic field is generated at a low frequency that is able to penetrate the steel casing but is attenuated and phase -shifted due to eddy currents, and the resulting magnetic field is measured at a remote axial location. The amount of phase - shift is related to the metal thickness and other parameters. PART 3 - EXECUTION A. The CITM survey will be performed only in those wells that were constructed either with low carbon or copper -bearing steel. TP -10 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP B. The CITM survey log shall be performed following brushing and bailing activities in the well, as directed by the TECHNICAL REPRESENTATIVE. The CONTRACTOR shall furnish services for performing the CITM survey of the well. The survey shall be run in the presence of the onsite TECHNICAL REPRESENTATIVE. C. The vertical scale of the survey log shall be 50 ft and/or 20 ft per inch, as specified by CITY's TECHNICAL REPRESENTATIVE. D. Following completion of the CITM survey, the CITY and/or its TECHNICAL REPRESENTATIVE will review resultant log to determine the current thickness of the well casing. E. The CITM survey shall become the property of the CITY at the time of the survey is completed. The CONTRACTOR shall provide three (3) field copies of the survey for the well to the TECHNICAL REPRESENTATIVE immediately upon completion and five (5) final copies and an Adobe PDF on a CD/DVD (or to authorized e-mail addresses to be determined by the CITY) at no additional cost to the CITY, as requested by the CITY and/or its TECHNICAL REPRESENTATIVE. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for the casing thickness measurement survey shall be at the lump sum price bid. b) There will be no additional payment for standby time while the CITM is being performed. c) No payment will be made for delays resulting from: (i) equipment stuck in the well(s), (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. d) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or reimburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -11 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -6: INSTALLATION OF DOWNWELL CASING PATCH(ES) PART 1 - GENERAL A. Description This section covers the installation of a corrugated metal casing patch and all associated materials in the well(s), but only if it is determined by the CITY that such an installation is deemed necessary. The CONTRACTOR shall perform the casing patch installation in accordance with the specified materials and methods, below. This is a deletable bid item and may not need to be conducted in the well(s), as determined by the CITY. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit to the CITY and its TECHNICAL REPRESENTATIVE the name and qualifications of the SUBCONTRACTOR retained to perform the installation of the casing patch. 2. The type of steel material used in the patch, the geometry of the patch, and the diameter shall be provided by the CONTRACTOR to the CITY. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. The material of the casing patch shall be a corrugated type and of the same type of steel material as the existing well casing. PART 3 — EXECUTION B. The CITY will issue the final diameter(s) and depth interval(s) of the casing patch(s) to the CONTRACTOR prior to commencement of activities associated with the emplacement of the patch. The CONTRACTOR shall utilize the services of a SUBCONTRACTOR trained and experienced in conducting such work. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT Install casing patch(es), if necessary, as directed by the CITY and the TECHNICAL REPRESENTATIVE. a) Payment for the casing patches shall be at the lump sum price bid (see Bid Schedule). b) There will be no additional payment for standby time while the caliper survey is being performed. TP -12 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP c) No payment will be made for delays resulting from: (i) equipment stuck in the well(s), (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. END OF SECTION TP -13 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -7: CALIPER SURVEY PART 1 - GENERAL A. Description This section describes the caliper survey to be performed by a SUBCONTRACTOR retained by the CONTRACTOR and approved by CITY'S TECHNICAL REPRESENTATIVE. The caliper survey shall accurately measure the current diameter of the casing(s) in the well(s). This is a deletable bid item and may not need to be conducted in the well(s), as determined by the CITY. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. Submittals The CONTRACTOR shall submit the name and qualifications of the SUBCONTRACTOR proposed to conduct the caliper survey to CITY prior to mobilization of the drill rig and conductor casing installation. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 - MATERIALS A. The caliper used to perform the survey shall have a minimum of three arms and be capable of accurately indicating a casing diameter up to 30 inches and to the maximum depth of the well(s). The horizontal scale for the caliper plot shall be four inches diameter per inch and the vertical scale shall be 50 ft and/or 20 ft per inch, as specified by the CITY'S TECHNICAL REPRESENTATIVE. PART 3 - EXECUTION A. This task is typically performed only if a casing liner is to be installed in the existing well(s). B. The logging speed for all logs shall be 40 ft per minute, unless otherwise approved by CITY. C. The CONTRACTOR shall be required to provide whatever assistance may be necessary to accomplish the caliper survey. D. The caliper survey shall become the property of CITY at the time the logging is completed. The log shall be run in the presence of the CITY'S TECHNICAL REPRESENTATIVE. The CONTRACTOR shall provide three (3) field copies of the log to the CITY'S TECHNICAL REPRESENTATIVE for interpretation immediately upon completion. The CONTRACTOR shall provide the CITY'S TECHNICAL REPRESENTATIVE with five (5) copies of the caliper survey and one reproducible original of the survey within one week at no additional cost. TP -14 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT Conduct a measurement of the current diameter of the well(s) using a caliper tool in the well. a) Payment for the caliper survey shall be at the lump sum price bid (see Bid Schedule). b) There will be no additional payment for standby time while the caliper survey is being performed. c) No payment will be made for delays resulting from: (i) equipment stuck in the well(s), (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. END OF SECTION TP -15 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -8: PLUMBNESS & ALIGNMENT SURVEY PART 1 - GENERAL A. Description The CONTRACTOR shall determine the plumbness and straightness of the existing well(s). This is a deletable bid item and may not need to be conducted in the well(s), as determined by the CITY. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Data and information on the equipment to be used on the project including, but not limited to, the type of dummy tool, the SUBCONTRACTOR that will perform the alignment survey, and any resultant logs shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 - MATERIALS A. Dummy Tool Straightness of the well(s) casing(s) shall be tested by lowering a 40 -foot long dummy into the well(s). The outer diameter of the dummy shall be 1/2 -inch less than the inside diameter of the well(s) casing(s). The dummy shall consist of a rigid spindle of 14 -inch diameter extra heavy pipe with three rings rigidly fixed to the pipe so that they cannot move longitudinally along the pipe. The rings shall consist of suitable material that shall not harm the interior of the casing while being lowered or raised. B. Gyroscopic Survey The alignment of the reamed borehole and the well shall be performed with a gyroscopic -type tool, or similar type tool as accepted by the CITY and/or its TECHNICAL REPRESENTATIVE. Following the alignment testing of the well(s), the CONTRACTOR shall have its testing SUBCONTRACTOR conduct a plumbness and alignment intepretation, in accordance with current AWWA standards, to help show clearance distances between the anticipated pump bowl diameter and the well casing. TP -16 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 3 - EXECUTION A. The CONTRACTOR shall lower the dummy down the entire length of the well(s) casing(s). B. Should the dummy fail to move freely throughout the entire length of well(s) casing(s), the CONTRACTOR shall undertake all corrective measures at his own expense. C. The results of the both the plumbness and alignment testing shall be discussed with the CITY and its TECHNICAL REPRESENTATIVE. D. All alignment tests shall be conducted in the presence of CITY's TECHNICAL REPRESENTATIVE. E. The gyroscopic survey shall become the property of CITY at the time the logging is completed. The log shall be run in the presence of the CITY's TECHNICAL REPRESENTATIVE. The CONTRACTOR shall provide three (3) field copies of the log to the CITY's TECHNICAL REPRESENTATIVE for interpretation immediately upon completion. The CONTRACTOR shall provide the CITY's TECHNICAL REPRESENTATIVE with five (5) copies of the caliper survey and one reproducible original of the survey within one week at no additional cost. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT Conduct a plumbness and alignment survey using a dummy and a gyroscopic deviation tool. a) Payment for the plumbness and alignment survey shall be at the lump sum price bid (see Bid Schedule). b) There will be no additional payment for standby time while the plumbness and alignment surveys are being performed. c) No payment will be made for delays resulting from: (i) equipment stuck in the well(s), (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. d) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or re-imburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -17 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -9: INSTALLATION OF CASING LINER & GRAVEL PACK PART 1 - GENERAL A. Description This section covers the installation of a casing liner and all associated materials in the well(s) only if it is determined by the CITY that such an installation is deemed necessary. The CONTRACTOR will perform the casing liner installation in accordance with the specified materials and methods, below. This is a deletable bid item and may not need to be conducted in the well(s), as determined by the CITY. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. Casing material certifications for the blank and wire -wrapped portions of the casing liner. 2. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. The casing liner shall consist of Type 304L stainless steel, blank casing and wire -wrapped (continuous slot) well screen. B. Slot width and depth interval(s) per Basis of Measurement in Special Provisions. C. Gravel pack gradation and type per Basis of Measurement in Special Provisions. PART 3 — EXECUTION A. The CITY will issue the final design of the casing liner to the CONTRACTOR prior to commencement of any work on this liner. B. The installation of the casing liner shall be performed, in accordance with the following schedule: 1. Prior to any downwell work, all sediment fill will need to be bailed from the bottom of the well. 2. A caliper survey and a plumbness & alignment test shall be performed prior to the installation of the casing to determine the current deviation of the existing well casing and the current diameter of the well. 3. If any deviations from the quantities or diameters for the liner casing are required, based on the surveys, then the CITY will submit a change to the above bid schedule, in writing, to the CONTRACTOR. 4. Installation of the liner casing will be conducted following completion of the above surveys. TP -18 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 5. Following installation of the casing liner, the CONTRACTOR will install a gravel pack from the bottom upwards to the design depth. The CONTRACTOR shall measure and record on an on-going basis the depth to the top of the gravel pack during its emplacement. 6. The installed gravel pack shall be consolidated following its installation either by using the AirBurst® method, or other method acceptable to the CITY (i.e., swabbing in place). The CONTRACTOR shall measure the final depth to the top of the gravel pack. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT A casing liner shall be installed as directed by the CITY. The final design for Liner Casing shall be provided to the CONTRACTOR by the CITY. For bidding purposes, the proposed design of the casing liner is shown in Figure 2 and shall have the following design parameters: 1. Type of Steel: Type 304L Stainless Steel. 2. Diameter of Liner(s): 16 and 12 inches outside diameter (OD). 3. Wall Thickness: t/4 -inch wall. 4. Blank Interval(s): 16 -inch OD from 397 to 400 ft bgs, followed by a 16- to 12 -inch OD casing reducer between 400 and 405 ft bgs, followed by 12 -inch OD casing between 405 and 390 ft bgs. Also, a 10 -inch OD Cellar Pipe from 690 to 700 ft bgs. 5. Wire -wrapped screen Interval(s): 12 -inch OD; 390 to 690 ft bgs. 6. Slot Type and Width: Continuous slot (wire -wrapped), 0.050 inch. 7. Gravel Pack: 8 X 16 gradation. END OF SECTION TP -19 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -10: "AIR -JETTING" METHODS PART 1 — GENERAL A. Description This section covers the initial rehabilitation of the well with a method that utilizes "Air -Jetting" of the perforated sections of the casing to help remove scale from the inside of the perforated sections of this casing, and to help disrupt/dislodge biofilm and other types of growth from the perforations and gravel pack surrounding the casing. This "Air -Jetting" will include the use of either the AirBurstTM or Bore-B1astTM methods. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals The method to conduct this "Air -Jetting" shall be proposed by the CONTRACTOR and will include the use of either the AirBurstTM or BoreBlast' methods, if requested by the CITY. 2. The CONTRACTOR shall submit the name of the SUBCONTRACTOR retained to perform the specific "AirBurstTM or BoreBlastTM method. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. This shall consist of any equipment, expendables and other items associated with either the AirBurstTM or Bore-BlastTM methods. PART 3 — EXECUTION A. Lower the air jetting tool to the top of the perforated intervals in the well and begin to "jet" the perforated areas, moving the tool downwell through each depth -discrete perforated interval in the well. The air pressure to be applied to the well shall be determined by the CONTRACTOR. B. The CONTRACTOR shall exercise extreme care in employing the technique and is cautioned to set air pressures at levels that would preclude damage to the well casing. Any damage to the casings will be the sole responsibility of the CONTRACTOR. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: TP -20 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP a) Clean the existing well casing and gravel pack using an approved "air jetting" method such as AirBurst®° BoreBlast®, or approved equal b) Payment for the specific "air jetting" method employed shall be at the lump sum price bid. c) This will include the cost for any equipment to lift the devices into and out of the well d) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. e) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or reimburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -21 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -11: CHEMICAL TREATMENT PART 1 -GENERAL A. Description This section covers the treatment of the well by chemical methods, including the use of an acid and other chemical and a swab tool to emplace the chemicals into the perforated sections of casing. The CONTRACTOR will perform chemical treatment in accordance with the specified procedures and methods, below. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals A chemical treatment plan, including the chemical vendor, the chemicals and approximate volumes, based on current static water level conditions and the diameters of the original well casing and gravel pack, shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Recommended Chemicals and Volumes 1. A solution incorporating the chemicals that is to be pre -mixed at ground surface 2. The chemical mixture and potable water should be injected into all perforated zones in the well. This mixture is to be based on the total targeted treatment volume in the well. 3. The CONTRACTOR shall check the volume of water inside the casing at the time of chemical application, based on its current static water level, and independently determine the concentrations of the listed chemicals. Discuss any discrepancies with the CITY between the above -listed concentrations and those determined at the time of chemical treatment. PART 3 — EXECUTION A. The chemicals shall be thoroughly mixed at ground surface in a 5,000 -gallon tank prior to emplacement downwell. Only potable water shall be used, and an air -gap shall be maintained between the outlet and the surface water in the mixing tank and/or vat. B. The chemicals shall be emplaced downwell through a 10- to 20 -foot long, perforated double - swab tool. C. The chemicals shall be swabbed and agitated into each 10- to 20 -foot perforated interval of the casing with the double -swab tool. D. The time for setup of all tooling, injection and swabbing of all chemicals and evacuation of the chemicals shall be a part of the bid price. Any additional and extra time expended by the CONTRACTOR during chemical treatment will be borne solely by the CONTRACTOR. 012WA TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for the mixing and addition of chemicals to the well shall be on a lump sum basis. b) The CONTRACTOR will need to calculate the volume of chemicals to add to each section of perforations, based on the length of the tool used. c) The total volumes of chemicals to be used for bidding purposes are: o Chemicals to be acquired from: HercChemTech, LLC (HCT) o WaterSOLVTM BC: 1,100 gallons (550 gallons per event) o Well-Klean° Pre -Blend: 220 gallons. o Sodium Bicarbonate: 100 lbs. Blended with 200 gallons of water. d) The chemicals shall be applied to the well in the following stages, in two separate injection and swabbing events: o Injection and swabbing of WaterSOLV BC twice. The period of swabbing shall be on the order of one to two minutes. Allow WaterSOLV BC to soak in well for 36 hours for each event. o Injection of the Well-Klean Pre -Blend. The period of swabbing shall be on the order of one to two minutes. Allow Well-Klean Pre -Blend to soak for 72 hours. o Injection and swabbing of sodium bicarbonate (NaHCO3) and water mixture, premixed at the surface. o The period of swabbing these chemicals in shall be on the order of 15 to 20 minutes per each 20 -foot section of all perforations in the well. o Following the second injection stage, the water and fluids shall be evacuated from the well by airlifting methods. e) The time for setup of all tooling, injection and swabbing of all chemicals and evacuation of the chemicals shall be a part of the bid price. Any additional and extra time expended by the CONTRACTOR during chemical treatment will be borne solely by the CONTRACTOR. 0 CONTRACTOR to consult with HCT to confirm final quantities and procedures. g) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. TP -23 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP h) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or reimburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -24 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -12: MECHANICAL REDEVELOPMENT PART 1 — GENERAL A. Description This section covers the redevelopment of the well by mechanical methods, including the use of a swab tool and airlift system to help dislodge biological material(s) from each perforated section of casing. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Daily site activity reports shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Mechanical redevelopment will be accomplished using a double swab tool consisting of a rubber packer assembly near each end of an approximate 10- to 20 -foot long perforated tubing for pumping intake. The downhole end of the perforated tubing on the double -swab mechanical redevelopment tool shall be capped. B. The CONTRACTOR shall provide adequate air compressor with "hospital -quiet" rated noise attenuation enclosure and shall have sufficient capacity in both volume (cubic feet per minute - cfm) and pressure (pounds per square inch - psi) to maintain the proper relationships between air pressure/air volume capacity and the diameters and lengths of both drill pipe and air tubing in order to maintain proper airlifting efficiency during mechanical redevelopment. As a minimum, a compressor rated at 600 cubic feet per minute (CFM) and 250 pounds per square inch (PSI) is required. The air-lift rate shall be between 150 to 300 gallons per minute (gpm); the educator airlift pipe shall be six (6) inches in diameter, minimum. PART 3 - EXECUTION A. Mechanical redevelopment to help remove the dislodged biological material(s) and chemicals shall begin at the uppermost section of perforations with simultaneous swabbing and airlifting of each successive 10- to 20 -foot section of perforated casing until the discharge becomes reasonably clear as determined by the onsite TECHNICAL REPRESENTATIVE. Following such a determination, the assembly shall be lowered to the next 10- to 20 -foot long perforated interval and the procedure repeated until all perforated (or screened) sections in the casing have been mechanically developed. It is anticipated that each 10- to 20 -foot long perforated zone will require on the order of 1 to 3 hours (depending on the length of tool used) of such simultaneous swabbing and airlifting. All redevelopment fluids extracted during airlifting will be treated and eventually discharged, as defined in Section 9, below. Following mechanical redevelopment, any sediment accumulating in the bottom of the well shall be removed via bailing. TP -25 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for mechanical redevelopment shall be at the per unit hour price. b) A total of 80 hours is allotted for mechanical redevelopment to redevelop the well by airlifting and swabbing. Any additional hours beyond the bid amount will be paid at the same per unit hour price. c) Mechanical redevelopment to be performed via simultaneous swabbing and airlifting using the double swab tool. d) Bailing to remove sediment fill from the bottom of the casing following completion of mechanical redevelopment shall be a part of the bid price. e) The total number of hours is limited only to actual airlifting and swabbing and does not include any time for setup of tools and equipment at the surface and downwell. f) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. g) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or re-imburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -26 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -13: DISCHARGE OF REDEVELOPMENT FLUIDS PART 1 — GENERAL A. Description This task shall include the treatment of the mechanical redevelopment water, sampling of the discharge water prior to its release, and monitoring/reporting of the discharge in accordance with the CONTRACTOR -obtained NPDES permit. All solids/sludges shall also be disposed of according to the CITY'S NPDES permit requirements. The CONTRACTOR shall adhere to all discharge, sampling and analysis and reporting requirements, in accordance with the current CITY permit. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Daily site activity reports shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. As determined necessary by the treatment system to be employed. PART 3 — EXECUTION A. Above -ground storage tanks used at the well site shall be cleaned thoroughly by the tank rental vendor and/or the CONTRACTOR to prevent cross -contamination with residual materials from prior storage of fluids. B. Treatment of the discharge fluids from mechanical redevelopment shall initially consist of neutralization of any low pH fluids that have been airlifted from the well, if chemical treatment of the well has been performed. C. Initial mechanical redevelopment water shall be stored in above -ground storage tanks. These fluids shall not be discharged to ground surface but, instead, shall be hauled away, via vacuum trucks, for disposal at a facility licensed to receive such wastes. Manifesting of these fluids shall be performed by the CONTRACTOR. D. If the turbidity of the neutralized discharge fluids is above the NPDES permit limit, the fluids may need to be blended with municipal -supply water to varying proportions. Thus, the use of Baker tanks and blending equipment (piping/valves) may be needed to successfully blend the discharge to a turbidity value below NPDES permit requirements. Further, de -chlorination of the fluids may also need to be performed to disinfect the discharge prior to disposal. E. Prior to any discharge, grab samples of the fluids to be discharged shall be collected by the CONTRACTOR and analyzed by a State -certified laboratory to verify that the fluids to be discharged are below the maximum levels permitted for each constituent as listed in the TP -27 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP NPDES permit requirements. For the purposes of bidding, a maximum of five (5) grab samples will be collected of the discharge during mechanical and pumping redevelopment and during production testing operations. F. If the testing detects levels exceeding constituent limits, all discharge must cease immediately, and the CONTRACTOR must provide whatever additional labor, equipment, etc. are required and at no additional cost to the CITY, to reduce the exceeded limits to that specified in the NPDES permit requirements. G. All solids/sludges generated during the well rehabilitation process shall be contained onsite in appropriate containers and/or be disposed of at a pre -approved site and proof of proper disposal shall be submitted to the CITY. Laboratory testing of solids generated must be submitted to the disposal facility prior to disposal and a copy presented to the CITY prior to disposal. Solid matter shall be separated from the discharge fluids prior to disposal. The fluids remaining after separation shall be discharged in accordance with the NPDES permit requirements. H. The CONTRACTOR is required to adhere to any NPDES discharge limitations, whether it be the CONTRACTOR's or the CITY's permit. Any fines and/or penalties incurred as a result of improperly discharging and/or not fulling reporting the discharge of fluids generated during any chemical treatment, redevelopment and testing operations will be borne entirely by the CONTRACTOR and not by the CITY or its TECHNICAL REPRESENTATIVE. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for the treatment and discharge of well redevelopment fluids shall be at the lump sum bid price. b) Costs are to include two, above -ground, 15,000- to 21,000 -gallon storage tanks (Adler, Rain -for -Rent, or similar). c) Chemicals to neutralize any acidic water will be applied as necessary to maintain compliance with the applicable CITY NPDES permit, and the cost for these chemicals are to be included in the bid item. d) Costs also include all sampling, analysis and reporting associated with NPDES permit compliance that will be performed solely by the CONTRACTOR. END OF SECTION TP -28 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -14: TEST PUMP INSTALLATION PART 1 — GENERAL A. Description The section covers the mobilization, installation, removal and demobilization of a temporary test pump and all necessary equipment and accessories for the well. B. Bidding Detail Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals The CONTRACTOR shall submit copies of calibration records and accuracy tests for the flow meter device to the CITY prior to installation of the device on the discharge pipe of the well. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. Discharge Line and Flow Meter The CONTRACTOR shall provide the temporary discharge piping required to convey well testing water to the appropriate disposal area. The discharge line shall include an in-line flow meter with 6 -digit, straight reading totalizer dial, registering in volume units of 1,000 gallons, together with an instantaneous rate of flow indicator dial that reads in gallons per minute; the totalizer dial shall be suitable for a flow range of 500 to 4,500 gpm. The CONTRACTOR shall also provide and maintain a manometer onsite to help measure the discharge accurately. The discharge line shall also include a tap with a valve to take water samples not more than 20 ft from the well and a Rossum-type tester for measuring sand content in the pumped discharge. Some type of valve shall be provided downstream of the flow meter to ensure an adequate water level in the discharge pipe for meter accuracy at low flow rates. A flow meter shall be used to accurately measure both instantaneous flow rates (in gallons per minute) and total flow volumes (in gallons) during pumping. This meter shall have been calibrated within the last 6 months prior to use at the well. This meter shall be tested for accuracy prior to use and certified test results documenting its accuracy and the testing firm employed shall be submitted to the CITY prior to installation of the meter on the discharge pipe of the well. B. Temporary Test Pump The furnished test pump shall be of the deep well turbine type capable of pumping at a specified rate at a specified total dynamic head. The pump intake setting shall be as specified in the Basis of Measurement for Bidding and Payment in Part 4 of this section. A satisfactory throttling device shall be provided so that the pumping rate can be reduced to 500 gpm, if TP -29 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP necessary. The test pump shall be set to provide adequate access for a spinner tool and for a depth discrete sampling tool into the well. The prime mover (motor) shall be a diesel or gasoline engine and be capable of providing variable -speeds to the gear (pump) head in order to perform pumping redevelopment and testing operations. This engine shall be equipped with suitable throttling devices to control and vary discharge rates. The engine shall meet all noise regulation requirements during pumping redevelopment and subsequent testing operations. C. Water Level Probe The CONTRACTOR shall furnish an electrical water level depth gage capable of indicating changes in the water levels inside the casing to the nearest one-tenth foot and shall furnish and install an airline with a direct reading gage calibrated in feet. The CONTRACTOR shall provide whatever assistance may be required by the CITY or its TECHNICAL REPRESENTATIVE during water level and flow rate/volume monitoring. PART 3 — EXECUTION A. Following the interim video survey, the CONTRACTOR shall install and later remove a temporary test pump and all necessary equipment and accessories in the well. This test pump is to be used to perform pumping redevelopment and the final pumping tests. B. During test pump installation, a temporary 2- to 3 -inch I.D. access tube shall also be installed to provide access for a flow meter (spinner) survey and depth -specific sampling tools into the well casing during pumping. The motor shall be a diesel or gasoline engine and be capable of providing variable -speeds to the pump head in order to perform pumping redevelopment and testing operations. Note: the bottom section of the temporary access tube should be installed/constructed so that the spinner survey tool and/or the depth -specific sampling tool are easily retrievable and do not become "snagged" on the lip of the access tube. C. Discharge piping shall be provided for the pumping unit and be of sufficient size and length to conduct the pumped water according to these Provisions. The CONTRACTOR shall provide orifices, meters, or other approved devices that will accurately measure the flow rates, in total amount of water pumped (in gallons) and the instantaneous discharge (in gpm). The discharge line shall be provided with suitable equipment for sand testing, such as the Rossum Centrifugal Sand Sampler. The discharge piping shall be equipped with suitable throttling devices to control the discharge rates. D. The test pump shall NOT be equipped with a foot valve, which would otherwise prevent backspin and interfere with surging operations. The required pumping unit shall be capable of being operated without interruption for a continuous period of 72 hours during subsequent aquifer testing. E. After removing the test pump from the well, the CONTRACTOR shall remove any oil, if present, from the water surface within the well (e.g., test pump lubricating oil). An acceptable method of removal is to lower, via a cable, an oil absorbent "sock" or similar material designed to absorb spilled oil. Proper disposal of such absorbent "socks", if used, must be provided for by the CONTRACTOR. TP -30 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) The prime mover (motor) for the deep well, line -shaft, turbine test pump shall be a diesel or gasoline engine of sufficient capacity to allow the test pump to operate in accordance with the following design parameters: o Maximum pumping rate: 4,500 gpm. o Total Dynamic Head (TDH): 150 ft bgs. o Depth Setting of Pump Intake: 180 ft bgs. b) Payment for test pump mobilization (including installation) and demobilization shall be made at the lump sum price bid for the well. c) Costs for fuel for the motor shall be provided by CONTRACTOR and shall be of adequate supply to allow each motor to run for a maximum continuous period of 72 hours, if needed, without interruption. d) The flow meter used shall be tested for accuracy prior to use and certified test results documenting its accuracy and the testing firm employed shall be submitted to the CITY prior to its use. Sufficient discharge piping shall be provided by the CONTRACTOR to convey the pumped water to the point of discharge at the well site. e) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown, or (iii) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. f) Any equipment and/or tools stuck downwell shall be removed by the CONTRACTOR at the CONTRACTOR'S expense. The CITY will not be responsible for or re-imburse the CONTRACTOR for the removal of any equipment and/or tools stuck downwell. END OF SECTION TP -31 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -15: PUMPING REDEVELOPMENT PART 1 - GENERAL A. Description This section covers the redevelopment of the well by pumping methods. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals The CONTRACTOR shall submit copies of daily pumping redevelopment sheets listing, at a minimum, the following pumping parameters/values: 1. Date/time. 2. Pumping durations. 3. Number of surges. 4. Static water levels. 5. Flow rate(s). 6. Engine revolutions per minute (rpm). 7. Pumping water levels. 8. Water level drawdown. 9. Specific capacity values. 10. Sand content at 5, 10 & 15 minutes. 11. Turbidity. 12. Any other observations during pumping, such as odors in the discharge. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS A. None Specified PART 3 — EXECUTION A. Pumping redevelopment shall consist of intermittent pumping and surging of the well, beginning at an initial rate in the range of 100 to 500 gpm and continuing at successively higher rates, up to the maximum of either the installed pump or the capability of the aquifers perforated in the well. Surging allows water to flow back through the bowls with free backspin and through the perforated openings. The procedure shall be repeated, at increments, up to a final rate recommended by the TECHNICAL REPRESENTATIVE. TP -32 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP B. Within 30 minutes of startup of pumping redevelopment, a water sample for analysis of NPDES constituents will be collected and submitted by the CONTRACTOR to a State - certified laboratory to check for compliance with the NPDES permit requirements. No offsite discharge shall be permitted until NPDES requirements are met. C. Redevelopment records shall be maintained on at least a half-hour basis showing production rate, pumping level, drawdown, sand production, and all other pertinent information concerning pumping redevelopment. Redevelopment at each rate shall continue until the following conditions have been met: 1. The specific capacity (in gallons per minute per foot of drawdown) shall have reached a relatively constant value over a period of at least 4 continuous hours, or as recommended by the TECHNICAL REPRESENTATIVE. 2. Sand content (if present) is no greater than 3 ppm as measured 15 minutes after surging, or as recommended by the TECHNICAL REPRESENTATIVE while pumping at the specified rate. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for pumping redevelopment will be made at the unit price per hour bid (see Schedule). b) A total of 48 hours is allotted for pumping redevelopment in order to help further develop the well. Any additional hours beyond the bid amount will be paid at the same per unit hour price. c) The time required for well redevelopment will be recorded by the hour with 30—minute intervals as the smallest unit of recorded time. The time recorded for payment shall commence when the equipment installed in the well is placed in operation and shall end when pumping is stopped. No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown, (iii) arranging major pumping or testing apparatus, or (iv) failure to conduct the operations in a diligent and END OF SECTION TP -33 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -16: PUMPING TESTS PART 1 — GENERAL A. Description This section covers pumping tests of the well, including the step drawdown test and a subsequent constant rate pumping test, including monitoring of water level recovery at the end of the constant rate pumping test. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Daily site activity reports shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 - MATERIALS A. Discharie Line and Flow Meter The CONTRACTOR shall provide the temporary discharge piping required to convey well testing water to the appropriate disposal area. The discharge line shall include an in-line flow meter with 6 -digit, straight reading totalizer dial, registering in units of 1,000 gallons, together with a rate of flow indicator dial that reads in gallons per minute; the totalizer dial shall be suitable for a flow range of 500 to the specified maximum pumping rate (see Special Provisions). The CONTRACTOR shall also provide and maintain a manometer onsite to help measure the discharge accurately. The discharge line shall also include a tap with a valve to take water samples not more than 20 ft from the well and a Rossum-type tester for measuring sand content in the pumped discharge. Some type of valve shall be provided downstream of the flow meter to ensure an adequate water level in the discharge pipe for meter accuracy at low flow rates. B. Temporary Test Pump The pump furnished shall be of the deep well turbine type capable of pumping up to the maximum specified rate in gallons per minute (gpm) against a total specified head (as specified in the Basis of Measurement for Bidding and Payment within the Special Provisions). The intake of the temporary test pump shall be set at its maximum depth (as specified in the Basis of Measurement for Bidding and Payment), unless otherwise specified by the CITY or its TECHNICAL REPRESENTATIVE. A satisfactory throttling device shall be provided so that the pumping rate can be reduced to 500 gpm, if necessary. The test pump shall be set to provide adequate access for a spinner tool and for a depth discrete sampling tool into the well. C. Water Level Probe The CONTRACTOR shall furnish an electrical water level depth gage capable of indicating changes in the water levels inside the casing to the nearest one-tenth foot and shall furnish and TP -34 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP install an airline with a direct reading gage calibrated in feet. The CONTRACTOR shall also provide whatever assistance may be required by the CITY or its TECHNICAL REPRESENTATIVE during water level and flow rate/volume monitoring. PART 3 — EXECUTION A. General This item shall consist of conducting pumping tests of the newly -rehabilitated well to help determine the optimum rate of future operational pumping and shall include a step drawdown test and a constant rate pumping test. There shall be a period of at least 24 hours of non - pumping conditions following pumping redevelopment work prior to the start of the step drawdown test. The CONTRACTOR shall provide qualified personnel on a 24-hour basis during the step drawdown and constant rate pumping test to assure proper operation of the pumping test equipment, and to assist in water level and flow rate/volume monitoring. Discharge water shall be conveyed from the pump to the point of discharge for the property. It is imperative that the CONTRACTOR ensure that no damage by flooding or erosion is caused to the chosen drainage structure or water disposal site, or to nearby lands and/or streets. The CONTRACTOR shall provide all piping and discharge lines. No fluids will be permitted to flow offsite (except to proper drainage facilities) or to properties not owned by the CITY. The CONTRACTOR shall keep accurate records of the pumping test of the well and furnish copies of all records to the TECHNICAL REPRESENTATIVE upon completion of the test. The records shall also be available to the TECHNICAL REPRESENTATIVE for review at any time during the tests. The records shall include physical data describing the construction features such as, but not limited to: casing depth and diameter; complete perforation (screen) description; length and setting of the test pump; a description of the measuring point and its measured height above land surface and/or mean sea level; the methods used in measuring water levels and pumping rates; sand content, if any, as monitored by the Rossum sand device. The CONTRACTOR shall also keep records on the type of pumping equipment used at the well site including engines, drive components, bowls, depth setting of the bowls, lines, and shafts. The CONTRACTOR will also keep records of operation of equipment during the test including engine rpm and horsepower, fuel use, and other essential information that will be useful in designing a pump system. Whenever a continuous pumping duration at a uniform rate has been specified, failure of pumping operations for a period greater than one percent of the elapsed pumping time shall require suspension of the test until the water level in the pumped well has recovered to its original level. Recovery shall be considered "complete" after the well has been allowed to rest for a period at least equal to the elapsed pumping time of the aborted test, except that if any three successive water level measurements spaced at least 20 minutes apart show no further rise in the water level in the pumped well, the test may be resumed immediately. The TECHNICAL REPRESENTATIVE shall be the sole judge as to whether this latter condition exists. The CONTRACTOR will not be paid for any re -testing done if the specified time or recovery requirements of the TECHNICAL REPRESENTATIVE for the aborted test are not first met. These tests are invalid and will not be construed as a successful test. TP -35 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP B. Step Drawdown Test Prior to starting the step drawdown test in the well, the static water level shall be measured by the CONTRACTOR. The well shall be "step" tested at three to four different rates as determined by the TECHNICAL REPRESENTATIVE. The step drawdown test for the well is estimated to require a total of approximately 12 pumping hours, with each step being pumped continuously for a period of 3 to 4 hours. The CONTRACTOR shall operate the pump and change the discharge rate as recommended by the TECHNICAL REPRESENTATIVE. Both a gate valve and an engine throttle shall control the discharge of the pump. The discharge shall be controlled and maintained at approximately the desired discharge for each step with an accuracy of plus or minus 5 percent. Pump discharge shall be measured with an instantaneous flow meter dial and a totalizer meter and stopwatch, as approved by the TECHNICAL REPRESENTATIVE. Both an air -line and electric sounder shall be furnished by the CONTRACTOR for water level measurements by his field crew. During the step drawdown test, the CONTRACTOR shall record sand content measurements at 30 -minute intervals. C. Constant Rate Pumping Test After a 24-hour recovery period following the end of the step drawdown test, a constant rate pumping test shall be performed at a rate as recommended by the TECHNICAL REPRESENTATIVE. This test shall be run for a continuous period of at least 24 to 48 hours, or until the pumping level remains constant for at least 4 hours, or until the TECHNICAL REPRESENTATIVE terminates the test. A water level recovery period of 24 hours shall follow the termination of the constant rate pumping test, at which time the TECHNICAL REPRESENTATIVE will collect residual drawdown (recovery) data. During the constant rate pumping test, the CONTRACTOR shall also conduct the final sand content testing. The sand content shall be determined by averaging the results of samples collected at the following times during the final pumping test: a. 5 minutes after start of the test; b. after 1/4 of the total planned test time has elapsed; c. after 1/2 of the time has elapsed; d. after 3/4 of the time has elapsed; and e. near the end of the pumping test. The TECHNICAL REPRESENTATIVE will be present at the end of the constant rate pumping test to collect a water sample for laboratory analysis of Title 22, General Mineral and Inorganic (metal) constituents, should the CITY need such a sample. TP -36 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for testing will be made at the unit price per hour bid. b) Conduct a 12 -hour (maximum) step -drawdown and a 48-hour (maximum) constant -rate pumping test of the newly -rehabilitated well, in order to assess its current, post -rehabilitation pumping rates and specific capacities. c) The time required for test pumping will be recorded by the hour with one-half hour intervals as the smallest unit of recorded time. The time recorded for payment shall commence when the equipment installed in the well is placed in operation and shall end when a test is stopped at the direction of the CITY'S TECHNICAL REPRESENTATIVE. d) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown or pump failure which would result in an incomplete pumping test, (iii) arranging for the delivery of major pumping, testing apparatus, or other equipment, or (iv) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. e) No payment will be made for tests aborted due to the malfunction of testing equipment or inability of the CONTRACTOR to maintain the well discharge, as specified by the CITY's TECHNICAL REPRESENTATIVE, within the limits described herein. f) The costs of labor and equipment associated with aiding during an assumed 24 -hr (minimum) water level recovery period following the final constant rate pumping test shall be included in the unit prices bid for the 12 -hour (minimum) to 48-hour (maximum) pumping test. END OF SECTION TP -37 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -17: DYNAMIC FLOWMETER (SPINNER) SURVEY PART 1 — GENERAL A. Description This section covers the performance of a vertical flowmeter (spinner) survey, under pumping (dynamic) conditions, which shall be conducted at the well for the purpose of providing information on the current downwell flow regime in the newly -rehabilitated well. The spinner survey shall be performed near the end of the constant rate pumping test, as directed by the TECHNICAL REPRESENTATIVE. The CONTRACTOR shall furnish services for performing the spinner survey of the well. This survey shall be run in the presence of the onsite TECHNICAL REPRESENTATIVE. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit to the CITY and its TECHNICAL REPRESENTATIVE the name and qualifications of the SUBCONTRACTOR retained to perform the dynamic spinner survey for approval prior to performing the survey. 2. One (1) field copy and two (2) final copies of the dynamic spinner survey log(s), and one (1) electronic copy in Adobe PDF & ASCII format shall be provided to the CITY/TECHNICAL REPRESENTATIVE following its completion. 3. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 — MATERIALS/EQUIPMENT A. The type of spinner survey tool used by the subcontractor shall be capable of accurately measuring flows from each perforated section of the well at the pumping rates selected during the constant rate testing. The survey tool shall be equipped with centralizers to allow the CITM tool to remain centered in the well casing throughout the survey. PART 3 — EXECUTION A. The spinner survey shall be run after the constant rate pumping test at the well has been running for a period of at least 24 hours and after the pumping level has stabilized, which will be determined in the field by the TECHNICAL REPRESENTATIVE. B. The temporary 2- to 3 -inch I.D. access tube installed during pump installation will provide access to the well casing during pumping for the spinner survey. The spinner survey shall be conducted from the base of this 2- to 3 -inch I.D. temporary access tube to the full extent of the well casing, or as directed by the TECHNICAL REPRESENTATIVE. TP -38 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP C. Both static (stop counts) and dynamic tests shall be made, as directed by the TECHNICAL REPRESENTATIVE. Each stop count test shall consist of two -minute readings made at 10 - foot increments, or at increments recommended by the TECHNICAL REPRESENTATIVE. The meter used for the survey shall be calibrated within the uppermost and lowermost blank sections of the well casing. D. Each dynamic test shall be conducted at the rate of 1 -foot per second, unless otherwise approved by the TECHNICAL REPRESENTATIVE. The record for the test shall indicate either meter speed or percentage of total meter speed with depth. The meter used for the survey shall be calibrated within the uppermost and lowermost blank sections of the well casing. E. Three down runs shall be conducted during dynamic testing at rates of 20, 40 and 60 ft per minute for each new well, unless otherwise specified and/or approved by the CITY's TECHNICAL REPRESENTATIVE. Line speeds must be constant and not vary by more than 5 to 10%. F. The spinner survey shall become the property of the CITY at the time of the survey is completed. The CONTRACTOR shall provide three (3) field copies of the survey for the well to the TECHNICAL REPRESENTATIVE immediately upon completion and five (5) final copies, as requested by the CITY or its TECHNICAL REPRESENTATIVE, and in Adobe PDF at no additional cost to the CITY. G. Calculation of flow rates and the percentage of each flow rate from each perforated casing interval shall be performed by the logging CONTRACTOR and submitted to the TECHNICAL REPRESENTATIVE in tabular format. H. Spinner survey measurements shall also be run on digital equipment and provided to the CITY in both Adobe PDF and ASCII format. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for the spinner survey will be made at the lump sum bid price. b) The spinner survey shall be performed in accordance with the Technical Provisions near the end of the constant rate pumping test. c) There will be no additional payment for standby time while the spinner survey is being conducted. END OF SECTION TP -39 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -18: REBUILD & RE -INSTALLATION OF PERMANENT PUMP PART 1 — GENERAL A. Description This section covers the installation of the pump bowls, pump column, motor and other ancillary equipment and appurtenances in the well, resulting in a fully operable pumping system. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit a diagram of the as -installed pumping system in the well to the CITY, including the labeling of all components and depths of the installed components. The CITY will review and approve the design. 2. A list of all the components and their materials shall be provided. 3. Daily activity reports of the installation of the pump. 4. See Table 1 for all submittals related to this item. PART 2 — MATERIALS/EQUIPMENT A. The type and materials of the motor, discharge head, oil tubing, cable, shafting, column, bowl assembly, and strainer and all other necessary appurtenances and ancillary equipment to provide an efficient, operable pumping system shall be provided to the CITY for its review and approval. PART 3 — EXECUTION A. Installation of all pumping apparatus for the well, including but not limited to: the motor, discharge head, air tubing, cable, shafting, column, bowl assembly, and strainer. The CONTRACTOR shall connect all electrical wiring and appurtenances, as directed by the CITY. Prior to re -connection of the electrical wiring with the pump, the CONTRACTOR shall contact the CITY and have a CITY electrician present. CITY staff will perform all electrical connections to the permanent motor. B. Following re -installation and re -connection of the electrical wiring of the pump, the system shall undergo a vibration test as detailed in the following section. This testing is to consist of operating the pump at its operational pumping rate (to be determined by the CITY) for a period of three days without the pump shutting down. Should the pump fail to start, fail to operate at its operational rate, or shut -down unexpectedly during the 3 -day pumping period, then the CONTRACTOR shall rectify the problem(s) at its own expense. TP -40 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Rebuild and reinstall a permanent pump in the well capable of pumping at the CITY's design rate and TDH, as specified herein. Pump design shall be submitted to the CITY for review and approval prior to procurement. Preferred manufacturers include Hydroflow, Flowserve, or Goulds. Pump design shall include trimmed 201 stainless impellers, stainless steel collets, stainless steel bolting, stainless steel shafting and bronze bearings. Payment for equipping the well with the permanent pump, as directed by the CITY, will be on a lump -sum basis and shall include, but not be limited to, the pump bowls, impellers, pump column, shaft, retainers, bushings, strainer and all other appurtenances and accessories necessary to provide for a fully -operational pumping system. b) The re -installed pump shall have the following pumping rates and total TDH requirements: o Maximum pumping rate: 3,200 pm. o Total Dynamic Head (TDH): 335 ft bgs. o Depth Setting of Pump Intake: 218 ft bgs. c) The final lump -sum bid price will constitute the final price paid to the CONTRACTOR, inclusive, regardless of the cost to the CONTRACTOR. The contractor will install a new pump with all new parts and components, no parts should be reused from the existing pump. d) No payment will be made for delays resulting from: (i) equipment stuck in the well, (ii) equipment breakdown or pump failure which would result in an incomplete pumping test, (iii) arranging for the delivery of major pumping, testing apparatus, or other equipment, or (iv) failure to conduct the operations in a diligent and workmanlike manner by which the desired results could ordinarily be expected. END OF SECTION TP -41 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -19: VIBRATION TESTING PART 1 — GENERAL A. Description This section covers vibration testing of the new pumping system in the well. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals 1. The CONTRACTOR shall submit the name of the SUBCONTRACTOR retained to perform the vibration testing on the pump system, for review by the CITY. 2. Provide three (3) bound, final written reports that include the acceptance criteria of all equipment furnished under this contract. The report to include initial testing results, acceptance criteria, corrective action taken to meet acceptance, verification of corrective action and acceptance report and baseline. PART 2 — MATERIALS/EQUIPMENT A. CONTRACTOR shall provide an acceptable testing agency specialized in the field of baseline vibration testing and machinery condition diagnosis on all rotating equipment, including drivers with current certification of ASNT Level III Vibration Analyst. Vibration test and monitoring mounting pads shall be permanently attached to the equipment at locations recommended by the equipment manufacturer or as recommended by the vibration testing services agent. PART 3 — EXECUTION A. Provide Vibration Testing of Pump. 1. Provide continuous monitoring by utilization of a cascade plot recording at minimum to maximum flow rates. This shall be done at a frequency no less than 0.500 mm seconds apart and two times the pumps blade passing frequency. 2. Provide bump test with the units off line in X, Y, Z planes on the motor support flange and at the first discharge elbow. Check against excessive frequency responses up to two times blade passing frequency. B. Equipment Vibration Monitoring and Testing: 1. CONTRACTOR shall provide an acceptable testing agency specialized in the field of baseline vibration testing and machinery condition diagnosis on all rotating equipment, including drivers with current certification of ASNT Level III Vibration Analyst. Vibration test and monitoring mounting pads shall be permanently attached to the TP -42 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP equipment at locations recommended by the equipment manufacturer or as recommended by the vibration testing services agent. 2. Mounting pads shall be suitable permanent installation and for incorporation into a predictable maintenance program. 3. Provide cascade plot. 4. Analyst will review spectral and waveform data on all points and verify the equipment is free of frequency specific vibration associated with mechanical, electrical and installation related conditions that would be detrimental to overall equipment reliability. Non -synchronous vibration present that cannot be identified as electrical in nature will have to be identified and checked against known equipment bearing defect frequencies. Data will be reviewed in acceleration and velocity for the presence of unacceptable vibration signatures at a minimum of 100 x rpm. 5. Requirements for Vibration Sensor: a. Sensitivity: +/- 5. percent at 25 C = 100 mV/g. b. Acceleration Range = 80 g peak. c. Amplitude Nonlinearity = 1 percent. d. Frequency Response: +/- 5 percent = 3-5,000 Hz • =/- 10 percent= 1-9,000 Hz. 6. Magnetically portable accelerators shall have a minimum 50 lb. pull rated magnet. 7. Vibration standards for machinery other than pumping systems to meet applicable ISO Standard 10816. 8. Pumping Equipment tolerance shall be pursuant to Hydraulic Institute Standard 9.6.4 - 2009. 9. Harmonic vibration is not unusual when pump and motor are balanced independently. Trim balance the assembly as one unit and show the results in a trim balance report to be performed by vibration testing services agent. 10. Equipment shown to be out of range of the specified tolerance shall be repaired or replaced until the equipment meets the specified normal operation range required in the machinery fault guide analysis. All costs associated with the field tests or any required corrective action shall be borne by the CONTRACTOR. 11. The vibration analysis indicated above shall be repeated 6 months after signature testing. A report shall be prepared comparing the results of the 6 -month tests with the results of the signature tests. If the analysis indicates a degradation of greater than 1.5% of the previously measured values, or if the measured results exceed the limits established in accordance with the latest edition of Centrifugal and Vertical Pump for Vibration Measurements and allowable Values published by the Hydraulic Institute, corrective action and retesting shall be required. This includes vibrations resulting from mechanical issues as listed in sections d and e above. Repeated vibration analysis TP -43 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP under item h referenced herein shall be conducted by the CITY. 12. Provide one (1) bound, final written report and one (1) electronic copy of such report that include the acceptance criteria of all equipment furnished under this contract. The report to include initial testing results, acceptance criteria, corrective action taken to meet acceptance, verification of corrective action and acceptance report and baseline. 13. Requirement for vibration analysis instrumentations: a. Frequency response: 0.18 Hz to 25 kHz. b. Resolution: 6400 lines. c. Amplitude range: 18 bit for 96 dB dynamic range. d. Supports Measurements, acceleration, velocity, displacement, envelope demodulation for bearing defect detection. e. Capable of two -place computer balancing. f. Capable of double integration from Acceleration to Displacement. g. Current Certification of machine calibration. 13. Vibration Settings: a. Minimum 1600 lines resolution. b. 4 Averages. c. Hanning Window. d. 100 Orders or 500 Hz FMAX whichever is greater. e. Collection data in acceleration. f. Bearing analysis to be done utilizing High Frequency Envelope detection such as Peak Vue (Emerson Software) or Shock Pulse (SKF Software). 2000 Hz settings. C. Vibration Limits, unless otherwise indicated For pumps over 60 hp with sleeve bearings and sensing proximity probes: the maximum allowable overall shaft vibration (at maximum speed) shall not exceed 2.0 mils peak -to -peak throughout the full operating range. The maximum allowable transient shaft vibration shall be 3.5 mils peak -to -peak throughout the normal startup and shutdown speed range. These vibration values do not include shaft surface runout (electrical and mechanical) sensed by the probes. The maximum allowable shaft runout (roll speed of less than 100 rpm) shall be less than 0.25 mils. The maximum allowable bearing housing vibration at full operating speed shall not exceed 0.12 IPS RMS (whichever is smaller) throughout the normal operating flow range. The maximum allowable transient bearing housing vibration shall be 0.05 IPS zero to peak throughout the normal startup and shutdown speed range. The machinery shall not exhibit unusual or abnormal frequency components when measured on either the shaft or the casing. Normal frequency components are defined as excitations such as rotational speed or blade passing frequency that are inherent with TP -44 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP the mechanical construction of the machinery. Unusual or abnormal frequency components are excitations that are nonsynchronous or not related to the known geometry of the machinery. All vibration measurements taken during the performance testing shall utilize the project vibration instruments (when furnished). D. Field Tests 1. Verify motor nameplate voltage and actual source voltage readings. 2. Check to ensure that motor has been connected for proper rotation. 3. Operate each pump for seven consecutive days, during which time no repairs or adjustments shall be made. Assure that the pump operates as designed and specified in response to run/stop signals. Assure that the pump operates without evidence of cavitation of damage to impellers and shafts. Repairs, replace, or realign motors, shafts, and impellers and retest. 4. Conduct vibration level tests with the pump operating at their rated capacity. 5. Adjust or replace the pump if it exceeds the maximum vibration levels. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Provide continuous monitoring by utilization of a cascade plot recording at minimum to maximum flow rates. This shall be done at a frequency no less than 0.500 mm seconds apart and two times the pumps blade passing frequency. b) Provide bump test with the units off line in X, Y, Z planes on the motor support flange and at the first discharge elbow. Check against excessive frequency responses up to two times blade passing frequency. c) The final lump -sum bid price will constitute the final price paid to the CONTRACTOR, inclusive, regardless of the cost to the CONTRACTOR. END OF SECTION TP -45 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -20: CONTINUOUS PUMPING TEST PART 1 — GENERAL A. Description This section covers the testing of the installed pumping system. This testing is to be performed in conjunction with vibration testing. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Daily site activity reports shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 2 - MATERIALS A. No materials specified. PART 3 — EXECUTION A. This item shall consist of conducting a 3 -day (72 -hour) pumping test of the pumping system. The CONTRACTOR will arrange with the CITY as to the schedule with regard to the testing of the pump. B. Discharge water during this test shall bypass the system. It is imperative that the CONTRACTOR ensure that no damage by flooding or erosion is caused to the chosen drainage structure or water disposal site, or to nearby lands and/or streets. The CONTRACTOR shall provide all piping and discharge lines. No fluids will be permitted to flow offsite (except to proper drainage facilities) or to properties not owned by the CITY. The CONTRACTOR shall keep daily reports on the testing PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for testing will be made at the lump sum price bid. b) The time required for test pumping will be recorded by the hour with one-half hour intervals as the smallest unit of recorded time. The time recorded for payment shall commence when the equipment installed in the well is placed in operation and shall end when a test is stopped at the direction of the CITY. END OF SECTION TP -46 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -21: WELL DISINFECTION & SITE CLEAN UP PART 1 - GENERAL A. Description This section covers the disinfection of the well and site cleanup. This section is separated into two sections: disinfection without re -installation of the permanent pump and disinfection with re -installation of the permanent pump, as applicable. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment and Payment in Part 4 of this section. PART 2 - MATERIALS A. The disinfectant shall be as specified in the Basis of Measurement for Bidding and Payment. B. Dosage: see Basis of Measurement for Bidding and Payment in Part 4 of this section. PART 3 — EXECUTION A. Disinfection Without Permanent Pump Re -installation 1. A doubly capped, perforated pipe container filled with the granular chlorine compound shall be moved up and down the entire water -filled blank and louvered/screened well casing section until all the chlorine has dissolved. 2. The CONTRACTOR shall calculate the correct dosage based on volume of water in casing, at the concentration as shown in the following table: Solution Concentration (PPM) Ca(HCIO)2 (lbs) NaCIO (gallons) 50 0.6 0.4 100 1.3 0.8 200 2.6 1.7 500 6.4 4.2 1,000 12.8 8.3 1,500 19.2 12.5 2,000 25.6 16.7 The chlorinated water shall remain in the well. The CONTRACTOR shall allow water to flow into the casing in order to push the chlorinated water down throughout the casing. 4. The CONTRACTOR shall cover the well casing opening following well disinfection, with a temporary cap. TP -47 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 5. At completion of the work, the CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the well site, including all tools, construction equipment, fuel tanks, machinery, temporary structures and surplus materials, and shall clean up the site to its original pre -rehabilitation conditions. 6. The CONTRACTOR shall also restore all temporary work areas to their original condition. Should there be any damage caused during the course of work at the site, the CONTRACTOR shall repair or replace as necessary, at no additional cost to the CITY. B. Disinfection With Permanent Pump Installation 1. Work under this bid item shall consist of initially testing the well for coliform bacteria and disinfecting the well against bacteria, if BacT testing yields positive results. This bid item shall be conducted following installation of the permanent pump. The disinfection shall be conducted such that bacteriological tests performed by the CONTRACTOR reveal acceptable results. 2. The following table shall apply for other concentrations, as deemed necessary and as directed by the CITY: 3. Prior to performing disinfection, the CONTRACTOR shall assist the CITY in the collection of a water sample from the well for bacteriological (Bac-T) analysis for coliform bacteria and submit to a State -certified laboratory to be analyzed. The CONTRACTOR shall notify the CITY prior to performing disinfection. The pump will need to be pumped for a period of at least 15 minutes prior to sampling. Following this sample collection, the CONTRACTOR shall standby for a 48-hour minimum time period with no additional charge to the CITY for this period. Well disinfection will be determined to be satisfactory when the heterotrophic plate count is less than 500 (HPC < 500) and negative for total/fecal Coliform bacteria. Test results other than HPC < 500 and negative total Coliform bacteria will require additional well disinfection and standby time at the CONTRACTOR's expense. 4. The Bac-T sample will be analyzed twice by the CONTRACTOR's laboratory. Should the Bac-T sample test positive for either total or fecal coliform bacteria, then the CONTRACTOR will need to disinfect the well in accordance with the following process. However, should the Bac-T sample test negative for both then the CONTRACTOR will not need to perform any additional work Consequently, in this event the CITY shall not be charged for this bid item. The disinfecting agent shall be uniformly applied throughout the entire water column in each casing using the pump for surging without discharge. The dispersion of the disinfectant shall be assisted by pouring into the well a volume of water equal to the volume of water contained in the casing, after the disinfectant has been placed downwell. This will allow the disinfectant to flow out of the well and into the area adjacent to the perforated sections of well casing. The mixing of the disinfection agent shall be conducted by surging the pump (i.e. alternately turning the pump on and off several times) and performed for a minimum of 2 hours. TP -48 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP 6. All accessible portions of the well above the water level shall be maintained in a damp condition with water containing the required concentration of disinfecting agent for a period of not less than 20 minutes. The disinfecting agent shall be left in the well for a period of at least 12 hours. After a 12 -hour, or longer, contact period, the well is to be pumped to clear the disinfecting agent. 7. All discharge piping that is re -installed will be swabbed and disinfected with chlorine prior to being reinstalled as per CITY General Technical Specifications. C. Site Clean Up 1. At completion of the disinfection work, the CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the well site, including all tools, construction equipment, fuel tanks, machinery, temporary structures and surplus materials, and shall clean up each site to its original pre -rehabilitation conditions. 2. The CONTRACTOR shall also restore all temporary work areas to their original condition. 3. Should there be any damage caused during the course of work at each site, the CONTRACTOR shall repair or replace as necessary, at no additional cost to the CITY. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: a) Payment for disinfection of the well and site cleanup shall be made at the lump sum price bid for the well. b) Disinfection of the well shall be performed in accordance with the following materials: o Granular Calcium Hypochlorite [Ca(HC1O)2] HTH, Perchloron, or equal, dry powder, 65% active ingredient (free chlorine). o Sodium Hypochlorite (HC10), 12% active ingredient. c) The disinfection procedure shall consist of the following, dependent upon whether or not the permanent pump is re -installed: o Disinfection without Permanent Pump Re -installation: 2.6 lbs of granular Ca(HC10)2 per 1,000 gallons of water for 200 parts per million (ppm) solution. o Disinfection with Permanent Pump Re -installation: 1.7 gallons of liquid NaC10 per 1,000 gallons of water for a 200 -ppm solution. d) Cleanup of the well site shall be performed as outlined in Section 19 in the Technical Provisions. e) The chlorine in the discharge during pumping will need to be properly neutralized by the CONTRACTOR prior to being pumped to the storm drain. END OF SECTION TP -49 TECHNICAL SPECIFICATIONS FOR WATER WELL REHABILIATION TAMURA DEEP SECTION TP -22: REPAIR OF EXISTING FACILITIES PART 1 — GENERAL A. Description Following completion of all work at the project well site, the CONTRACTOR shall restore the site to its original landscaped condition prior to the work at the site. This includes but is not limited to restoring any damaged sidewalks and walkways, asphalt, and/or cement surfaces, irrigation piping and facilities, grassy areas, tress, bushed and other items that were part of the original landscaping. B. Bidding Details Details regarding any changes/additions to this section or quantities and/or values for bidding purposes are presented in the Basis of Measurement for Bidding and Payment in Part 4 of this section. C. Submittals Daily site activity reports shall be submitted by the CONTRACTOR. Refer to Table 1 in the Special Provisions for details on these and other submittals associated with the project. PART 4 — BASIS OF MEASUREMENT FOR BIDDING AND PAYMENT The CONTRACTOR shall include the cost of the listed work and also that work not listed in this section, but necessary and incidental to perform and complete this bid item, in accordance with the following: Demobilization and site restoration will include, but not be limited to, complete removal of all waste materials, rubbish, and debris from and about the well site and adjacent areas (if used) as well as all tools, well rehabilitation equipment, tanks, machinery, temporary structures, and surplus materials. Demobilization, site cleanup, and restoration work will be deemed acceptable upon inspection and approval by CITY. Final payment will not be made until site restoration has been approved by CITY. The items to be repaired at the site may consist of the following: a) Irrigation System. b) Fencing. c) Pavement. d) Payment of the repair of the listed items shall be made at the lump sum price for this item. e) The cost for this bid item will include all labor, equipment, materials and accessories needed to complete the work in this bid item. f) Damage to wellhead facilities and/or modifications made during the work to accommodate rehabilitation equipment and/or operations. g) Sidewalks. h) Landscaping/Grass. i) Curbs/Gutters. END OF SECTION - END OF TECHNICAL PROVISIONS TP -50 APPENDICES APPENDIX TABLE OF CONTENTS APPENDIX 1 — FIGURES o Figure 1: Well Location Map o Figure 2: "As -Built" Well Diagram APPENDIX 2 — STATE WELL COMPLETION REPORT APPENDIX 3 — SEPTEMBER 24, 2018 VIDEO SURVEY REPORT APPENDIX 4 — SARWQCB NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPENDIX 1 FIGURES ' F+E �Oq'� I r�-� 6 , � . - ui{7+ 4y9p■�+ ^... � -q�� iill + w�_L-a■Palorn Live 34 six w _4At La Caslta Av.e u I - p� 4-97 W AM ti w 01 �ti y Tamura Deep ? t .10 -- � cc Well ��--�L,a$St�elka•AA M +'iii ■ _: „ - °' C Tamura :• (Hisamatsu)ILI �. ElementaryK n.ma t4 School r Tamura Shallow Well rI F v 13 cana.L-ice , ' l' a■Cana -t ■ -t—T- a ItC7 y �+ _ O Slat - Ave �• r� y ':aJ? . 'JAI •,,� ,j In R��'r• ll 30 MW Incl. I� • I t6 IM I m,Uo ,, w e a c ' El�Cap4, r\ti!e 0 700 Scale In Feet� 2" I.D. Air Vent Tube 0' Ground Level (Depth in Feet) 1' 42" O.D. (min.) Conductor Borehole 36" O.D. Low Carbon Steel Conductor Casing 50' '. Cement Grout for Conductor 3" I.D. Gravel Feed Tube Cement Grout Seal 20" O.D. Low Carbon Steel Blank Casing, 3/8" Wall 12" OD X 1/4" Wall Type 304L -' Blank Cellar Pipe 690' not to scale. 16" O.D. Low Carbon Steel Cellar Pipe pl Pack to be installed 700' 4" I.D. Camera Port Sounding Tube nnulus following of the casing liner.720' 34" Dia. Reamed Borehole 225' -- FIGURE 2 CONSULDTING GROUNDWATTER GEOLOGISTS 16" OD x 3 -Foot Length 14051 Burbank Blvd Suite 300 "AS -BUILT" WELL & LINER DIAGRAM Sherman Oaks CA 91401 Blank SS Casing 238 DEEP WELL —Napa Phone (707) 963-3914Fax 20" x 16" Cone Reducer 240'- =3= www.reslade.com Low Carbon Steel - 3/8" Wall 16" x 12" ODi. - 12" OD X 1/4" Wall Type 304L Stainless Steel' ------- Blank Casing Liner Reducer r 326' Bottom of Cement Seal/Top of Gravel Pack 350' 360' 395' 16" O.D. Low Carbon Steel 0.050" Slot, Roscoe Moss, Ful -Flo Louvered Casing 5/16" Wall 455' 16" O.D. Low Carbon Steel Blank Casing -5/16" Wall 485' 520' 26' Dia. Reamed Borehole 540' 12" OD, X 1/4" Wall Type 304L Liner: 555' Wire -Wrapped Screen 0.050 -inch slots 570' Colorado Silica Sand Gravel Pack - 8 x 16 Gradation 12" OD X 1/4" Wall Type 304L -' Blank Cellar Pipe 690' not to scale. 16" O.D. Low Carbon Steel Cellar Pipe pl Pack to be installed 700' with End Cap, 5/16" Wall nnulus following of the casing liner.720' LDiagram RICHARC. SLADE &ASSOCIATES LLC FIGURE 2 CONSULDTING GROUNDWATTER GEOLOGISTS 14051 Burbank Blvd Suite 300 "AS -BUILT" WELL & LINER DIAGRAM Sherman Oaks CA 91401 Phone(818)506-0418TAMURA DEEP WELL —Napa Phone (707) 963-3914Fax (818) 506-1343 www.reslade.com RCS Job No. 330-OGE03A FEBRUARY 2019 APPENDIX 2 STATE WELL COMPLETION REPORT ORIGINAL DIA. z INTERNAL MATERIAL/ File with DANo. STATE OF CALIFORNIA D W R USE ONLY — D N T FILL IN —� CE- BEN - WELL COMPLETION REPORT 0 Page 10( Refer to lnrtruction Pompblet STATE WELL NO.ISTATION NO. Owner's Well ae '� No. 500123 Date Work Be q �O En ed LATITUDE LONGITUDE Local Perm^� W'FN1 21l 1 4— B Permit No. --i<,8 I Permit Date Za— — PNI I GEOLOGIC LOG WP,�L�L 1WNER — ORIENTATION (f) // VVr.TICAL _ HORIZONTAL _ ANGLE _ (SPECIFY) Name DEPTH TO FIRST WATER (Ft.) BELOW SURFACE Mailin Add ess + I DEPTH FROM SURFACE DESCRIPTION CA Ft. to Ft. Describe material, grain Size color, Vc. CITY WELL. LOCATION STATE 7�p - M"=o6rAA ` Address -12S99 City County APNBook �q Page � Parcel Z r Township s� Range -ILI&L Section or ! i Latitude i I NORTH Longitude _ I I WEST DEG. MIN. SEC. DEG. MIN. SEC. LOCATION SKETCH A IVITY (✓)— ATION STATEMENT NORTH _✓NEW WELL a90- (!� MODIFICATION/REPAIR — Deepen I, the t� — Other (Specify) Nj ! — DESTROY (Describe andMaeriefs UnWer"GEOLOGICLOG')Procedures NAME y _6il PLANNED USE(S)- 39V IWO ♦✓ W V, W (�) MONITORING t t I PED R INTED)Soil/WaterChemi WATER SUPPLY • A Domast� 44160 Iqr�o I v 41R0I %10I 6P -4v 6W = anUll Public i•^.i ; L ; ValCf Irrigation ZIP o/usl�. Industrial ATTACH ADDfTIONAC INFORMATION. IF IT EXISTS. SignedED TI 'd"noij MD —CATHODIC PROTEC- ' SOUTH TION Illustrate or Describe Distance of Well from Landmarks — OTHER (Specify) I such as Roads, Buildings, Fences, Rivers, etc. PLEASE BE ACCClIiATE 1: COMPLETE DRILLING ` 1 METHOD IU—:0 EM FLUID WATER LEVEL & YIELD OF COMPLETED W LL . DEPTH OF STATIC pp WATER LEVEL — (Ft.) 6 DATE MEASURED Q ESTIMATED YIELD (GPM) & TEST TYPE TOTAL DEPTH OF BORING TX (Feet) TEST LENGTH (Hra.) TOTAL DRAWDOWN (Ft.) TOTAL DEPTH OF COMPLETED WELL, (Feet) ' May not be representative of a well's long-term yield DEPTH CASING(S) DEPTH ANNULAR MATERIAL FROM SURFACE BORE- HOLE TYPE — FROM SURFACE TYPE D. tc Annl`r I AI C Ar IC NccnFn IIRG NEXT f:r1NRFRl ITI\/FI V NIIAAncocn cr'Io GA DIA. z INTERNAL MATERIAL/ GAUGE SLOT SIZE CE- BEN - = z Ft. to Ft. (Inches) ¢ o v v DIAMETER GRADE (Inches) OR WALL THICKNESS IF ANY (Inches) MENT TONITE FILL Ft. to Ft. FILTER PACK (TYPE/SIZE) ATTACHMENTS (!L) ERTIF ATION STATEMENT I, the fy that this report ' complete an ate to the best of my knowledge and belief. — �cgologic Log ^ —/ Well Construction Cia@wwn (.Mr -r IT NAME — Geophysical Log(s) PORATION) t*tL PED R INTED)Soil/WaterChemi '330ADDRESS el Analyses Other CITY STATE ZIP ATTACH ADDfTIONAC INFORMATION. IF IT EXISTS. SignedED TI c muc c.57 IIf.FNSE NUMBER D. tc Annl`r I AI C Ar IC NccnFn IIRG NEXT f:r1NRFRl ITI\/FI V NIIAAncocn cr'Io GA APPENDIX 3 SEPTEMBER 24, 2018 VIDEO SURVEY REPORT Video Survey Report Company: Richard C Slade & Associates LLC _ Well: Tamura Deep Well Field: Fountain Valley State: California _ Location: 17399 Magnolia street GPS: N32o 42.604' W117o 58.438' Zero Datum; Top of CSG Tool Zero: Side -Scan Reason for Survey: General Inspection Date: 24 -Sep -18 Run No. One Job Ticket: 24761 Total Depth: 691.3 ft Water Level: 91.1 ft Oil on Water: No Operator: Guides Set @ Truck PS -9 SWL Amount: N/A Dead space 2_.50 ft Depth Observations Well Details 07077- Begin survey from topo casing. Perforation: As -Built 227.6 ft Camera exits camera tube and enters 20" casing. Ful Flo Lowers 395.00 ft to 455.00 ft 241.1 ft Casing reduction from 20" to 16". 485.00 ft to 520.00 ft 397.6 ft Top of perforations. 540.00 ft to 555.00 ft 414.0 ft 457.8 ft Perforations appear partially plugged. Bottom of perforations; perforations appear partially plugged, 570.00 ft to 625.00 ft 655.00 ft to 690.00 ft 487.9 ft Top of perforations. 522.6 ft Bottom of perforations; perforations appear partially plugged. 542.9 ft 557.7 ft Top of perforations. Bottom of perforations; perforations appear partially plugged. - 572.8 ft Top of perforations. 594.0 ft Color changes to a dark grey. Casing Size (in): As -Built 627.7 ft Bottom of perforations; perforations appear partially plugged. O.D. LD. 657.6 ft Top of perforations. 20.00 19.38 0.00 ft to 240.00 ft 680.0 ft Few nodules present on casing wall. 16.000 15.38 240,00 ft to 700.00 ft 691.3 ft Top of hard fill; Still in perforations; End survey. Casing Material Mild Steel Screen Materia! lMild Steel } 0691,3 F A 1785 w, arrow rte,, bd/g, d, ste, 3,4 800.919,7555 up/and, ca 91786 909,625.6262 www.paciresurveys.com fax: 909.399,3180 APPENDIX 4 SARWQCB NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. CAS618030 ORDER NO. R8-2009-0030 F'1 NPDES NO. CAG998001 ORDER NO. R8-2015-0004 State of California California Regional Water Quality Control Board Santa Ana Region ORDER NO. R8-2009-0030 NPDES No. CAS618030 As amended by Order No. R8-2010-0062 Waste Discharge Requirements for The County of Orange, Orange County Flood Control District and The Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County FINDINGS The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Regional Board) finds that: A. REGULATORY BASIS 1. The 1987 amendments to the Clean Water Act (CWA) added Section 402(p) (USC §1342(p)) establishing a framework for regulating municipal and industrial (including construction) storm water discharges under the National Pollutant Discharge Elimination System (NPDES) permit. Section 402(p) of the CWA requires NPDES permits for storm water discharges from municipal separate storm sewer systems' (storm drains or MS4s) as well as other designated storm water discharges that are considered significant contributors of pollutants to waters of the United States (waters of the US). On November 16, 1990, the United States Environmental Protection Agency (hereinafter EPA) amended its NPDES permit regulations to include permit application requirements for storm water discharges. These regulations are codified in Code of Federal Regulations, Title 40, Parts 122, 123 and 124 (40 CFR Parts 122, 123 & 124). 2. This order is based on Section 402(p) of the CWA; 40 CFR Parts 122, 123, and 124; Porter -Cologne Water Quality Control Act (Division 7 of the California Water Code or CWC, commencing with Section 13000); all applicable provisions of statewide Water Quality Control Plans and Policies adopted by the State Water Resources Control Board (State Board); the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan); the California Toxics Rule (CTR); and the California Toxics Rule Implementation Plan. A revised Basin Plan was adopted by the Regional Board and became effective on January 24, 1995. The Basin Plan contains water quality objectives and beneficial uses for water bodies in the Santa ' A municipal separate storm sewer system (MS4) is any conveyance or a system of conveyances designed to collect and/or transport storm water, such as, storm drains, manmade channels, ditches, roads w/drainage systems, catch basins, curbs, gutters, etc., which is not part of a Publicly Owned Treatment Works (i.e., not a combined sewer). Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 2 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Ana Region. Under the CWA, the beneficial uses and the water quality objectives to protect those beneficial uses are collectively referred to as water quality standards. The Basin Plan also incorporates by reference all State Board water quality control plans and policies, including the 1990 Water Quality Control Plan for Ocean Waters of California (Ocean Plan). 3. The requirements contained in this order are necessary to protect water quality standards of the receiving waters and to implement the plans and policies described in the above finding. These plans and policies contain numeric and narrative water quality standards for the water bodies in this Region. In accordance with Section 402(p)(2)(B)(iii) of CWA and its implementing regulations, this order requires the permittees to develop and implement programs and policies necessary to reduce the discharge of pollutants in urban storm water runoff to waters of the US to the maximum extent practicable (MEP)2. The legislative history and the preamble to the federal storm water regulations (40 CFR Parts 122, 123 and 124) indicate that the Congress and the EPA were aware of the difficulties in regulating urban storm water runoff solely through traditional end -of -pipe treatment. Consistent with the CWA, it is the Regional Board's intent that this order require the implementation of best management practices (BMPs)3 to reduce to the maximum extent practicable, the discharge of pollutants in urban storm water from the MS4s in order to support attainment of water quality standards. This order, therefore, includes Receiving Water Limitations4 based upon water quality objectives, and requires implementation of control measures to protect the beneficial uses. It also prohibits the creation of nuisance and requires the reduction of water quality impairment in receiving waters with an ultimate goal of achieving water quality objectives of the receiving waters. 4. This order is consistent with recent court decisions and precedential orders adopted by the State Board related to municipal storm water NPDES permits. These precedential State Board orders include: Orders No. 99-05, WQ 2001-15 and WQO 2002-0014. 5. This order does not constitute an unfunded mandate subject to subvention under Article XIII.B, Section (6) of the California Constitution for several reasons, including the following: 2 MEP is not defined in the CWA; it refers to management practices, control techniques, and system, design and engineering methods for the control of pollutants taking into account considerations of synergistic, additive, and competing factors, including, but not limited to, gravity of the problem, technical feasibility, fiscal feasibility, public health risks, societal concerns, and social benefits. 3 Best Management Practices (BMPs) are programs and policies, including structural controls where appropriate, that are implemented to control the discharge of pollutants. 4 Receiving Water Limitations are requirements included in the orders issued by the Regional Board to assure that the regulated discharge does not violate water quality standards established in the Basin Plan at the point of discharge to waters of the US or the State. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 3 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff a) This order implements federally mandated requirements under Clean Water Act Section 402(p)(3)(B). (33 USC § 1342(p)(3)(B)). b) The permittees' obligation under this order are similar to, and in many respects less stringent than, the obligations of non-governmental dischargers who are issued NPDES permits for storm water discharges. c) The permittees have the authority to levy service charges, fees, or assessments to pay for compliance with this order, where voter approval is needed, the permittees should strive to gain voter approvals. d) The permittees requested permit coverage in lieu of compliance with the complete prohibition against the discharge of pollutants contained in federal Clean Water Act Section 301, subdivision (a). (33 USC § 1311(a)). B. REGULATED ENTITIES (PERMITTEES OR DISCHARGERS) 6. On July 22, 2006, the County of Orange, Orange County Flood Control District (OCFCD) and the incorporated cities of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Hills, Laguna Woods, La Habra, La Palma, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (hereinafter collectively referred to as permittees or dischargers), submitted NPDES Application No. CAS618030 and a Report of Waste Discharge for reissuance of their areawide urban storm water permit. In order to more effectively carry out the requirements of this order, the permittees have agreed that the County of Orange will continue as principal permittee and the OCFCD and the incorporated cities will continue as co - permittees. Certain portions of the cities of Laguna Hills, Laguna Woods and Lake Forest are within the San Diego Regional Board's jurisdiction. As such, these cities are also regulated under urban storm water permit issued by the San Diego Regional Board. 7. The permittees fall into one of the following categories: (1) a medium or large municipality that services a population of greater than 100,000 or 250,000 respectively; or, (2) a small municipality that is interrelated to a medium or large municipality. Under Section 402(p) of the Clean Water Act, these dischargers (permittees) are required to obtain coverage under an NPDES permit for storm water runoff from their jurisdictions. C. REGULATED DISCHARGES 8. This order is intended to regulate the discharge of pollutants in urban storm water runoff from anthropogenic (generated from human activities) sources and/or activities within the jurisdiction and control of the permittees and is not intended to address background or naturally occurring pollutants or flows. 9. The permittees own and operate storm drains, including flood control facilities. Some of the natural channels, streambeds and other drainage facilities that are Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 4 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff generally considered as waters of the US have been converted to flood control facilities. The permittees have established legal authority to control discharges into these systems that they own, operate and/or regulate. As owners and/or operators of the MS4 systems, the permittees are responsible for discharges into their systems that they do not prohibit or control (except where they lack jurisdiction; see A.10 below). The discharge of pollutants into the MS4s may cause or contribute to, or threaten to cause or contribute to, a condition of pollution in receiving waters. Federal regulations, 40 CFR 122.26(d)(2)(i), require the permittees to control the discharge of pollutants into the MS4s to the maximum extent practicable. 10. The permittees may lack legal jurisdiction over urban runoff into their systems from some state and federal facilities, utilities and special districts, Native American tribal lands, waste water management agencies and other point and non -point source discharges otherwise permitted by the Regional Board. The Regional Board recognizes that the permittees should not be held responsible for such facilities and/or discharges. Similarly, certain activities that generate pollutants present in urban runoff may be beyond the ability of the permittees to eliminate. Examples of these include operation of internal combustion engines, atmospheric deposition, brake pad wear, tire wear and leaching of naturally occurring minerals from local geography. 11. This order regulates storm water runoff and certain types of de -minimus discharges specifically authorized under Section III of this order (collectively referred to as urban runoff) from areas under the jurisdiction of the permittees. For purposes of this order, urban runoff includes storm water and authorized non -storm water (see Section III) discharges from residential, commercial, industrial and construction areas within the permitted area and excludes discharges from feedlots, dairies, and farms. Urban runoff consists of surface runoff generated from various land uses in all the hydrologic drainage areas that discharge into waters of the US. The quality of these discharges varies considerably and is affected by land use activities, basin hydrology and geology, season, the frequency and duration of storm events, and the presence of illicit discharges practices and illicit' connections. 12. The permittees have the authority to approve plans for residential, commercial, and industrial developments. If not properly controlled and managed, urbanization could result in the discharge of pollutants in urban runoff$. "America's Clean Water -The 5 For example, the City of Santa Cruz voted to raise property taxes to fund the storm water program at the November 4, 2008 election (see: http://www.santacruzsentinel.com/localnews/ci_l0904561). 6 Illicit discharge means any disposal, either intentionally or unintentionally, of material or waste that can pollute urban runoff or create a nuisance. Illicit connections are those which are not properly authorized or permitted by the municipality or the owner/operator of the conveyance system. 6 U.S. EPA. 1983. Results of the Nationwide Urban Runoff Program, Vol. 1, Final report. NTIS PB84- 185552. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 5 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff States' Nonpoint Source Assessment, 1985" and the Biennial National Water Quality Inventory Reports to Congress cite urban runoff as a major source of beneficial use impairment. Urban area runoff may contain9 elevated levels of pathogens (e.g., bacteria, protozoa, viruses), sediment, trash, fertilizers (nutrients, compounds of nitrogen and phosphorus), pesticides (e.g., DDT, Chlordane, Diazinon, Chlorpyrifos), heavy metals (e.g., cadmium, chromium, copper, lead, zinc), and petroleum products (e.g., oil, grease, petroleum hydrocarbons, polycyclic aromatic hydrocarbons). Urban runoff can carry these pollutants to rivers, streams, lakes, bays and the ocean (receiving waters10). In addition, increased flows due to urbanization may increase erosion of stream banks and channels and cause stream channel alterations and impact aquatic resources. This order regulates the discharge of pollutants to waters of the US, to protect beneficial uses of the receiving waters. 13. Urban activities also generate non -storm water discharges such as air conditioning condensate, irrigation runoff, individual residential car washing, etc., generally referred to as de minimus type of discharges. If properly managed, these types of discharges may not contain significant amount of pollutants. Some of these de minimus types of discharges are currently being regulated under separate orders issued by the Regional Board, and some of the specific types of de minimus discharges are authorized under this order (see Section III of this order). Orders No. R8-2003-0061 (NPD-E-SNo CAG998001) R8 2004=0021-(NPDES No. ---- -- - CAG998002) and R8-2007-0041 (NPDES No. CAG918002) issued by the Regional Board regulate de -minimus types of discharges. D. HISTORY OF ORANGE COUNTY MUNICIPAL STORM WATER PERMIT 14. Prior to EPA's promulgation of the storm water permit regulations, the three counties (Orange, Riverside, and San Bernardino) and the incorporated cities within the jurisdiction of the Santa Ana Regional Board requested areawide NPDES permits for urban runoff. On July 13, 1990, the Regional Board adopted Order No. 90-71 for urban storm water runoff from urban areas in Orange County within the Santa Ana Region (first term Permit). Orders No. 96-31 (second term Permit) and R8-2002- 0010 (third term Permit), issued by the Regional Board on March 8, 1996 and January 18, 2002, respectively, renewed the Orange County MS4 permit. 15. Order No. R8-2002-0010 expired on January 19, 2007. On July 22, 2006, the permittees submitted a Report of Waste Discharge for renewal of the Permit. On February 20, 2007, Order No. 2002-0010, NPDES No. CAS618030, was administratively extended in accordance with Title 23, Division 3, Chapter 9, §2235.4 of the California Code of Regulations. s Makepeace, D.K., D.W. Smith, and S.J. Stanley. 1995. Urban stormwater quality: summary of contaminant data. Critical Reviews in Environmental Science and Technology 25(2):93-139. 10 Receiving waters are waters of the U.S. (and their tributaries) which are identified in the Basin Plan as having certain beneficial uses (see Finding 19, below, for a list of these waters). Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 6 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff E. PERMIT RENEWAL APPLICATION AND RELATED DOCUMENTS 16. The Report of Waste Discharge (the permit renewal application) included the following major documents/information: a) A summary of status of current Storm Water Management Program; b) A Proposed Plan of Storm Water Quality Management Activities for 2007- 20012, as outlined in the Draft 2007 Drainage Area Management Plan (DAMP). The 2007 DAMP includes all the activities the permittees propose to undertake during the next permit term, goals and objectives of such activities, and an evaluation of the need for additional source control and/or structural and non-structural BMPs and proposed pilot studies; c) The permittees have developed Local Implementation Plans (LIPs); established a formal training program; and developed a program effectiveness assessment strategy and Watershed Action Plans; d) A Performance Commitment that includes new and existing program elements and compliance schedules necessary to implement controls to reduce pollutants to the maximum extent practicable; e) A summary of procedures implemented to detect illicit discharges and illicit connection practices; f) A summary of enforcement procedures and actions taken to require storm water discharges to comply with the approved Storm Water Management Program; g) A summary of public agency activities, results of monitoring program, and program effectiveness assessment; and, h) A fiscal analysis. 17. The documents referenced in Finding E.16, above, are hereby incorporated as enforceable elements of this order. F. PERMITTED AREA 18. The permitted area is shown on Attachment A. It includes the northern portions of Orange County, including the 26 incorporated cities listed under Finding 6, above. The permittees serve a population of approximately 3.1 million, occupying an area of approximately 789 square miles (including unincorporated areas and the limits of 34 cities, 26 of which are within the jurisdiction of this Regional Board; three of the cities, Laguna Hills, Laguna Woods and Lake Forest, are within both the San Diego and Santa Ana Regional Boards' jurisdictions). The permittees have jurisdiction over and/or maintenance responsibility for storm water conveyance systems within Orange County. The County Flood Control system includes an estimated 740 miles of storm drains. A major portion of the urbanized areas of Orange County drains into waterbodies within this Regional Board's jurisdiction. In certain cases, where a natural streambed is modified to convey storm water flows, the conveyance system becomes both a storm drain and a receiving water. The major storm drain systems and drainage areas in Orange County, which are within this Region, are shown on Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 7 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Attachment B. A portion of the Orange County drainage area is within the jurisdiction of the San Diego Regional Board and is regulated under an order issued by that Board. G. RECEIVING WATERS AND BENEFICIAL USES 19. Storm water runoff from the MS4s in Orange County enter, or are tributary to, various water bodies of the Region. The permitted area can be subdivided into five tributary watersheds: the San Gabriel River drainage area, the Huntington Harbour and Bolsa Bay drainage area, the Santa Ana River drainage area, the Newport Bay drainage area, and the Irvine and Newport Coast Areas of Special Biological Significance (see Attachment B). These watersheds are tributary to the Pacific Ocean. The surface water bodies in Orange County that could be impacted by urban runoff include: Inland Surface Streams Santa Ana River, Reaches 1 and 2 Aliso Creek (tributary to Santa Ana River) Carbon Canyon Creek (tributary to Santa Ana River) Santiago Creek, Reaches 1, 2, 3, and 4 (tributary to the Santa Ana River) Silverado Creek (tributary to Santiago Creek) Black Star Creek (tributary to Santiago Creek) Ladd Creek (tributary to Santiago Creek) San -Diego -Creek, Reacher1--and 2 -(tributary to Newport -Bay) - San Joaquin Freshwater Marsh (tributary to San Diego Creek) Other tributaries to San Diego Creek: Bonita Creek, Serrano Creek, Peters Canyon Wash, Hicks Canyon Wash, Bee Canyon Wash, Borrego Canyon Wash, Agua Chinon Wash, Laguna Canyon Wash, Rattlesnake Canyon Wash, and Sand Canyon Wash Santa Ana Delhi Channel (tributary to Newport Bay) Big Canyon Wash (tributary to Newport Bay) Buck Gully Los Trancos Creek Coyote Creek (tributary to San Gabriel River) Other tributaries to the above listed rivers, creeks and channels Bays. Estuaries, and Tidal Prisms Anaheim Bay and Seal Beach National Wildlife Refuge Sunset Bay Bolsa Bay and Bolsa Chica Ecological Reserve Upper and Lower Newport Bay Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 8 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Tidal Prism of Santa Ana River (to within 1000 feet of Victoria Street) and Newport Slough, Santa Ana Salt Marsh Tidal Prism of San Gabriel River (River Mouth to Marina Drive) Tidal Prisms of Flood Control Channels Discharging to Coastal or Bay Waters (e.g. Huntington Harbour) Ocean Water Nearshore Zone San Gabriel River to Poppy Street in Corona Del Mar Poppy Street to Southeast Regional Boundary Offshore Zone Waters between Nearshore Zone and limit of State Waters Lakes and Reservoirs Anaheim Lake Irvine Lake (Santiago Reservoir) Laguna, Lambert, Peters Canyon, Rattlesnake, Sand Canyon and Siphon Reservoirs 20. The beneficial uses of these water bodies include: municipal and domestic supply, agricultural supply, industrial service and process supply, groundwater recharge, navigation, hydropower generation, water contact recreation, non -contact water recreation, commercial and sport fishing, warm freshwater and limited warm freshwater habitats, cold freshwater habitat, preservation of biological habitats of special significance, wildlife habitat, preservation of rare, threatened or endangered species, marine habitat, shellfish harvesting, spawning, reproduction and development of aquatic habitats, and estuarine habitat. The ultimate goal of this storm water management program is to achieve water quality objectives in the receiving waters, thereby protecting their beneficial uses. 21. Federal regulations, 40 CFR 131.10(a), prohibits the states from designating a water body for waste transport or waste assimilation. This order prohibits the construction of treatment BMPs within waters of the US. However, if the discharges are sufficiently treated to protect the beneficial uses of the receiving waters, further polishing of the discharge within waters of the US may be considered on a case-by- case basis. Federal authorization under Section 404 and Water Quality Standards Certification under Section 401 of the Clean Water Act may be required for waste treatment or conveyance within waters of the US. Pursuant to Water Code Section 13260, Waste Discharge Requirements may be required for such facilities within waters of the State. Under certain conditions, stream flows may be diverted for treatment (see Section III for conditions on return flows from facilities that extract, treat and return flows from the waters of the US). Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 9 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff H. INTERRELATED WATERSHEDS AND STORM WATER PERMITS 22. The Santa Ana River Basin is the major watershed within the jurisdiction of the Regional Board. The lower Santa Ana River Basin (downstream from Prado Basin) includes the Orange County drainage areas, and the Upper Santa Ana River Basin includes the San Bernardino County and the Riverside County drainage areas. Generally, the San Bernardino County drainage areas drain to the Riverside County drainage areas, and Riverside County drainage areas discharge to Orange County. 23. Within the Region, runoff from the San Bernardino County areas is generally conveyed to the Riverside County areas through the Santa Ana River or other drainage channels tributary to the Santa Ana River. These flows are then discharged to Reach 2 of the Santa Ana River through Prado Basin (Reach 3 of the Santa Ana River). During dry weather conditions, most of the flow in Reach 2 is recharged in Orange County. During wet weather, some of the flow is discharged to the Pacific Ocean through Reach 1 of the Santa Ana River. 24. The three county areas within this Region are regulated under three areawide permits for urban storm water runoff. These areawide NPDES permits are: Orange County, NPDES No. CAS618030; Riverside County, NPDES No. CAS618033; and, San Bernardino County, NPDES No. CAS618036. For an effective watershed management program, cooperation and coordination among the regulators, the municipal permittees, the public, and other entities are essential. 25. Studies conducted by the USEPA, the states, flood control districts and other entities indicate the following major sources for urban storm water pollution nationwide: Industrial sites where appropriate pollution control and BMPs are not implemented; Construction sites where erosion and siltation controls and other BMPs are not implemented; and, Urban runoff where the drainage area is not properly managed. 26. A number of permits have been adopted to address pollution from the sources identified in Finding 25, above. The State Board issued three statewide general NPDES permits: one for storm water runoff from industrial activities (NPDES No. CAS000001, General Industrial Activities Storm Water Permit), a second permit for storm water runoff from construction activities (NPDES No. CAS000002, General Construction Activity Storm Water Permit) and a third permit for Storm Water Runoff Associated with Small Linear Underground/Overhead Construction Projects (CAS000005). Industrial activities (as identified in 40 CFR 122.26(b)(14)) and construction sites of one acre or more, are required to obtain coverage under these statewide general permits. The permittees have developed project conditions of approval requiring coverage under the State's General Permits for new Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 10 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff developments to be implemented at the time of grading or building permit issuance for construction sites on one acre or more and at the time of local permit issuance for industrial facilities. 27. The State Board also adopted NPDES No. CAS000003 for storm water runoff from facilities (including freeways and highways) owned and/or operated by California Department of Transportation (Caltrans) and NPDES No. CAS000004, for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems. The Regional Board adopted Order No. R8-2007-0001, NPDES No. CAG018001, for concentrated animal feeding operations, including dairies. The Regional Board also issues individual storm water permits for certain industrial facilities within the Region. Currently there are two facilities located within Orange County. Additionally, for a number of facilities that discharge process wastewater and storm water, storm water discharge requirements are included with the facilities' NPDES permit for process wastewater. 28. In most cases, the industries and construction sites covered under the Statewide General Industrial and Construction Permits discharge into storm drains and/or flood control facilities owned and operated by the permittees. These industries and construction sites are also regulated under local laws and regulations. Federal regulations, 40 CFR Part 122.26(d)(2)(iv)(C), also require the permittees to develop and implement programs to control the discharge of pollutants from these sites. A coordinated effort between the permittees and Regional Board staff is critical to avoid duplicative and overlapping efforts when overseeing the compliance of dischargers covered under the Statewide General Permits. As part of this coordination, the permittees have been notifying Regional Board staff when they observe conditions that pose a threat or potential threat to water quality, or when an industrial facility or construction activity has failed to obtain required coverage under the appropriate general storm water permit. 29. Each watershed has unique receiving water issues, land uses, topography, soils and stream stability and habitat issues. The Regional Board and the permittees recognize the importance of integrated watershed management initiatives and regional planning and coordination in the development and implementation of programs and policies related to water quality protection. A number of such efforts are underway in which the permittees are active participants (e.g., Orange County Flood Control Master Plan, Irvine Ranch Water District Natural Treatment System Master Plan, Orange County Watershed Plans, Nutrient and Selenium Management Program, etc.). As recommended in the 2008 National Academy of Sciences Report on Urban Stormwater Management, this order provides an option for the permittees to develop and implement watershed master plans integrating water quality, hydromodification, water supply and habitat protection issues. The Regional Board recognizes that a watershed master plan should integrate all other related programs, including the storm water program and TMDL processes. Consistent with this approach, some of the municipal storm water monitoring programs have already been integrated into a regional monitoring program. The Regional Board also recognizes that, in certain cases, diversion of funds targeted for certain monitoring programs to regional monitoring programs may be necessary. The Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 11 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Executive Officer is authorized to approve, after proper public notification and consideration of all comments received, the integrated watershed management initiatives and regional planning and coordination programs and regional monitoring programs. The permittees are required to submit all documents, where appropriate, in an electronic format. All such documents will be posted at the Regional Board's website and all interested parties will be notified. In addition, the website will include the administrative and civil procedures for appealing any decision made by the Executive Officer. Some urban runoff issues, such as monitoring, public education and training can be more effectively addressed on a regional or statewide basis, thereby increasing program consistency and efficiency. This order encourages continued participation in such programs and policies. 30. The permittees are required to conduct inspections (40 CFR Part 122.26(d)(2)(iv)(C)(2)) of construction sites, industrial facilities and commercial establishments. Inspection requirements, including criteria for prioritization of facilities for the inspection, were included in the third term permit. The construction and industrial inspection programs in the third term permit had established criteria/examples. However, the commercial inspection program only included a preliminary list of types of facilities to be inspected. Further refinements to the commercial inspection program are included in this order and these include: moving mobile businesses into their own program; including eating establishments (previously their own pilot program); and the addition of some key categories, not included on the 3`d term permit list. It should also be noted that some of these additional categories are directly related to current categories or identified in the Model Urban Runoff Program" and all of the additional categories are proposed for inclusion in other Southern California MS4 permits. To avoid duplicative efforts, the permittees need not inspect facilities that have been inspected by Regional Board staff, if the inspection was conducted during the specified time period. It is anticipated that many of the inspections required under this order can and will be carried out by inspectors currently conducting other types of inspections for the permittees (i.e., grading, building, code enforcement, etc.), during their normal duties. It is critical that these inspectors be properly trained in storm water pollution prevention and related issues. 1. POTENTIAL POLLUTANTS IN STORM WATER RUNOFF/IMPACTS ON BENEFICIAL USES 31. The permittees have conducted urban runoff and receiving water monitoring as required under the first, second and third term permits. The third term permit required monitoring using a wider array of methods to assess impacts caused by pollutants in urban runoff. In addition to monitoring the water column under wet and dry weather conditions, the permittees were required to monitor: water column toxicity, mass emission rates, estuary/wetlands including sediment and benthic monitoring, bacteriological/pathogen concentrations and bioassessment analysis. These monitoring programs indicate exceedances of Basin Plan, CTR and/or AB " Model Urban Runoff Program, prepared by the City of Monterey, California Coastal Commission, et. al., revised February 2002 by California Coastal Commission. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 12 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 411 objectives for a number of constituents. The Report of Waste Discharge identifies copper and zinc, trash and debris, pesticide toxicity and pathogens as the major pollutants of concern. Monitoring data indicate that storm water and dry weather urban runoff continue to have pollutants at levels that could cause or contribute to exceedances of water quality objectives in the receiving waters. The permittees are proposing to conduct special studies to address these pollutants of concern during the fourth term permit. 32. The annual reports submitted by the permittees indicate that urban runoff is still causing or contributing to water quality standards violations. Some of the samples collected during both dry and wet weather exceeded the water quality standards. However, the exceedances during wet weather were more widespread compared to dry weather runoff. The monitoring reports indicate that there is some reduction in the mass loading rates for some of the metals, such as copper and zinc. 33. The results from the monitoring programs did not establish a clear correlation between pollutants in dry or wet weather runoff and impacts on beneficial uses in the receiving waters. However, exceedances of water quality objectives, including exceedances of AB411 standards, were reported for a number of monitoring locations by the permittees. Shoreline monitoring data indicate that AB411 exceedances are higher during the summer months (AB411 season) compared to the winter months. For the interior channels, AB411 exceedances were higher than shoreline, but were not significantly different for summer and winter months12. The index of biotic integrity rating is generally poor for most urban streams. The monitoring data also indicated sporadic exceedances of water quality objectives for dissolved oxygen, pH, turbidity, ammonia -nitrogen, surfactants, and some of the metals 13. 34. During the summers of 1999 and 2000, a number of locations along the Orange County coast exhibited elevated bacterial levels. Since then a number of studies have been conducted that indicate that urban runoff, especially dry weather runoff, is a major contributing factor to the Orange County coastal bacterial contamination problems. To address this bacterial problem, the permittees currently divert dry weather low flows from some of these areas to the sanitary sewer. With the diversion of dry weather flows to the sanitary sewer, there have been significant improvements in the beach water quality. A number of studies have been conducted to determine the source of this microbial contamination and to develop permanent remedial measures. These studies have not conclusively determined the sources or solutions to this problem. 35. Monitoring results have indicated the presence of elevated concentrations of pesticides in storm water runoff from urban areas. The permittees have developed and implemented a model plan entitled, "Management Guidelines for Use of Fertilizers and Pesticides". The Report of Waste Discharge indicates that through implementation of this program, the municipalities have reduced the use of fertilizers 12 Unified Annual Progress Report, 2005-2006, Page C-11-31. 13 Unified Annual Progress Report, 2005-2006, Attachment C -11 -VII Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 13 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff and pesticides. The permittees are required to review this plan to make any needed changes. TMDLs are being developed for some of the pesticides for the Newport Bay watershed. This order may be reopened to include any TMDL requirements. 36. Pollutants in urban runoff can impact the beneficial uses of the receiving waters and can cause or threaten to cause a condition of pollution or nuisance. Pathogens, such as bacteria, viruses, protozoa, (from sanitary sewer overflows, septic system leaks, spills and leaks from portable toilets, pets, wildlife and human activities) can impact water contact recreation, non -contact water recreation and shellfish harvesting. Microbial contamination of the beaches from urban runoff and other sources has resulted in a number of health advisories issued by the Orange County Health Officer. Oil and grease (from automobiles, industrial sites, etc.) can coat birds and aquatic organisms, adversely affecting respiration and/or thermoregulation. Other petroleum hydrocarbon components can cause toxicity to aquatic organisms and can impact human health. Suspended and settleable solids (from sediment, trash, and industrial activities) can be deleterious to benthic organisms and may cause anaerobic conditions. Sediments and other suspended particulates (from construction sites, erosion due to hydromodification, etc.) can cause turbidity, clog fish gills and interfere with respiration in aquatic fauna. These pollutants can also screen out light, hindering photosynthesis and normal aquatic plant growth and development. Toxic substances (from pesticides, herbicides, petroleum products, metals) can cause acute and/or chronic toxicity, and can bioaccumulate in organisms to levels that may be harmful to human health. Nutrients (from fertilizers, confined animal feeding operations, wildlife, pets and birds) can cause excessive algal blooms. These blooms can lead to problems with taste, odor, color and increased turbidity, and can depress the dissolved oxygen content, leading to fish kills. Stagnant water trapped in trash and debris creates breeding conditions for disease vectors (e.g., mosquitoes). Trash and debris, in particular plastics, have long been recognized as both aesthetic nuisances and as threats to freshwater and marine environments. Plastic debris, in the form of broken-down packaging and pre -production plastic pellets or `nurdles', harms hundreds of wildlife species through ingestion, entanglement and entrapment. These plastic nurdles have the capability of absorbing pollutants, such as PCBs, and when ingested by wildlife, expose those animals to pollutant concentrations that are orders of magnitude higher than the surrounding water. Water Code Section 13367 requires the State Board and the regional boards to implement a program to control discharges of preproduction plastic from point and nonpoint sources. In collaboration with the permittees, Regional Board staff is currently trying to address this problem through the State's General Storm Water Permit for Industrial Activities and local controls. 37. Pollutants in urban runoff could adversely impact human health and the environment. Human illnesses have been linked to recreational activities in coastal waters especially near storm drain outlets 14. Bioaccumulation of pollutants, present 14 The Santa Monica Bay Restoration Project, Epidemiology Study, 1996. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 14 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff in urban runoff, can occur in fish and other aquatic organisms. These organisms may be consumed by birds and humans. Pollutants in urban runoff can also cause mortality, impair growth and reproduction anomalies in aquatic organisms. If not properly designed and maintained, urban storm water treatment systems could provide breeding areas for disease vectors, such as mosquitoes, which are a public health concern (e.g., West Nile Virus). 38. It is important to control litter in order to eliminate trash and other materials in storm water runoff. In addition to the municipal ordinances prohibiting litter, the permittees participate or organize a number of other programs such as "Coastal Cleanup Day", "Pride Days", "Volunteer Collection Day", etc. The permittees also organize solid waste collection programs, household hazardous waste collections, and recycling programs to reduce litter and illicit discharges. Additionally, the permittees have installed debris booms at a number of locations to capture trash and debris preventing it from depositing on beaches. 39. The pollutants from urbanized areas are also a significant threat to environmentally sensitive areas, such as waterbodies designated as supporting a RARE beneficial use (supporting rare, threatened or endangered species), areas of special biological significance (ASBSs) and Clean Water Act Section 303(d) listed impaired waterbodies. The State Board is developing Special Protections for Storm Water and Non -point Source Discharges to ASBSs. Where applicable, the permittees are expected to comply with these Special Protection requirements for the ASBSs. J. CWA SECTION 303(d) LISTED WATERBODIES AND TMDLS 40. Water quality assessments conducted by Regional Board staff have identified a number of water quality standards impairments due, in part, to urban runoff. Section 305(b) of the CWA requires each of the regional boards to routinely monitor and assess the quality of waters of the region. If this assessment indicates that beneficial uses and/or water quality objectives are not being met, then that waterbody must be listed under Section 303(d) of the CWA as an impaired waterbody. The 2006 State water quality assessment listed a number of water bodies within the Region under Section 303(d) as impaired waterbodies. For many of these impaired waterbodies, one of the listed causes of impairment is urban runoff. In the Orange County area, these include: San Diego Creek, Reach 1 (listed for toxaphene, selenium, fecal coliform, nutrients, pesticides, sediment/siltation); San Diego Creek, Reach 2 (listed for metals, nutrients, sediment/siltation, unknown toxicity); Upper Newport Bay Ecological Reserve (listed for sediment toxicity, metals, copper, chlordane, PCBs, DDT, nutrients, pathogens, pesticides, sediment/siltation); Lower Newport Bay (listed for chlordane, copper, DDT, sediment toxicity, PCBs, nutrients, pathogens, pesticides); Anaheim Bay (listed for nickel, dieldrin, sediment toxicity, PCBs); Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 15 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Huntington Harbour (listed for copper, lead, nickel, chlordane, pathogens, PCBs, sediment toxicity); Santiago Creek, Reach 4 (listed for salinity, TDS, chlorides); Seal Beach (listed for enteroccocus, PCBs); Silverado Creek (listed for pathogens, salinity, TDS, chlorides); Rhine Channel (listed for copper, lead, mercury, zinc, sediment toxicity, PCBs); Peters Canyon Channel (listed for DDT, toxaphene); , Los Trancos Creek (Crystal Cove Creek) (listed for total and fecal coliform); Huntington Beach State Park (listed for enteroccocus, indicator bacteria, PCBs); Bolsa Chica State Beach (listed for copper and nickel); Buck Gully Creek (listed for total and fecal coliform); and Balboa Beach (listed for dieldrin, DDT, PCBs). 41. Federal regulations require that a total maximum daily load (TMDL) be established for each 303(d) listed waterbody for each of the pollutants causing impairment. The TMDL is the total amount of the pollutant that can be discharged while water quality standards in the receiving water are attained, i.e., water quality objectives are met and the beneficial uses are protected. A TMDL is the sum of the individual wasteload allocations (WLA) for point source inputs, load allocations (LA) for non -point source inputs and natural background, plus a margin of safety. TMDLs are one of the bases for limitations established in waste discharge requirements. 42. For 303(d) listed waterbodies without a TMDL, the permittees are required to provide special protections through development and implementation of Watershed Action Plans or other focused control measures that would address the pollutant of concern. If a TMDL has been developed and an implementation plan is yet to be developed, the permittees are required to develop constituent specific source control measures, conduct additional monitoring and/or cooperate with the development of an implementation plan. 43. TMDLs have been established by the Regional Board for sediment, fecal coliform, diazinon, chlorpyrifos and nutrients for the Newport Bay watershed. Organochlorine compounds TMDLs were adopted by the Regional Board on September 7, 2007. In addition, toxics TMDLs were promulgated by USEPA on June 14, 2002, including TMDLs for metals and selenium, and a TMDL specific to the Rhine Channel located in Lower Newport Bay. 44. TMDLs for diazinon and chlorpyrifos in San Diego Creek, and for chlorpyrifos in Upper Newport Bay, were adopted by the Regional Board on April 4, 2003, and subsequently approved by the State Board, State Office of Administrative Law, and EPA. The diazinon and chlorpyrifos TMDLs require all MS4 permittees in the Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 16 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Newport Bay Watershed to develop and implement monitoring programs for diazinon and chlorpyrifos. The TMDLs also impose limits on the discharge of these compounds. This order incorporates these requirements. 45. The fecal coliform TMDL specifies WI -As for urban runoff to protect water contact recreation and shellfish harvesting beneficial uses. The implementation plan for the fecal coliform TMDL requires that monitoring and certain investigations be conducted, including a source identification and characterization investigation of urban runoff. An updated TMDL report is to be prepared based on the data and information collected, and the TMDL is to be adjusted, as necessary, based on the updated TMDL report. This order may be reopened to incorporate additional requirements based on findings in the source identification and characterization plan that is expected to be completed in 2009. This order may be reopened to incorporate additional or revised requirements based on the updated TMDL report and/or approved changes to the TMDL. 46. As indicated above, nutrient (nitrogen and phosphorus) TMDLs have been established by the Regional Board for the Newport Bay watershed. The current and future (year 2012) targets for the nutrient TMDLs are already being met. However, Board staff is currently reevaluating the nutrient TMDLs in light of evidence that there remains impairment of these waters due to eutrophication. The EPA promulgated TMDLs for selenium but, an implementation plan is yet to be developed. The Regional Board adopted Orders No. R8-2004-021 and R8- 2007-0041 as interim control measures to address nitrogen and selenium in groundwater -related discharges to the Newport Bay watershed. In response to Order No. R8-2004-0021, stakeholders established a Nitrogen Selenium Management Program (NSMP) Working Group. The Working Group is implementing an approved workplan that is expected to identify comprehensive management plans for both selenium and nitrogen in groundwater in the Newport Bay watershed. Board staff is currently developing selenium TMDLs that will update and revise those established by EPA and that will include an implementation plan. The implementation plan will rely heavily on the findings and recommendations made by the NSMP Working Group. It is expected that the implementation plan will include the opportunity for an adaptive, collaborative approach by stakeholders in the watershed to address selenium and nitrogen in comprehensive and efficient fashion. This approach may be implemented through a cooperative agreement or, alternatively, through waste discharge requirements or a conditional waiver of waste discharge requirements. 47. In support of the nutrient TMDLs implementation plan, a regional monitoring program (RMP) was developed to monitor nutrients in San Diego Creek and Newport Bay. This order requires the permittees listed under the RMP to continue their participation in the RMP program. 48. On September 7, 2007, the Regional Board adopted TMDLs for organochlorine compounds (OCs) that specify WI -As for urban runoff for DDT and toxaphene in San Diego Creek, and DDT, chlordane, and PCBs in Upper and Lower Newport Bay. The OCs TMDLs also specify informational TMDLs with informational urban Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 17 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff runoff WI -As for chlordane and PCBs in San Diego Creek. The OCs TMDLs require approval from the State Board, the State Office of Administrative Law, and EPA. The implementation plan for the OCs TMDLs includes monitoring and, where necessary, enhanced implementation of best management practices (BMPs) to reduce erosion and sediment transport as organochlorine compounds tend to adhere to fine sediment. In addition, the OCs TMDL implementation plan provides an opportunity for dischargers to participate in the development and implementation of a comprehensive Work Plan that would address the OCs and other sources of toxicity in the San Diego Creek and Newport Bay watersheds. Once a Work Plan is developed, it is required to be approved by the Regional Board at a public hearing. Participation by the permittees in this process will obviate the need for individual actions on the tasks in Table NB -OCs -1315 by members of the Working Group. The County of Orange and Newport Bay watershed MS4 permittees have initiated efforts to develop a Work Plan. MS4 permittees not electing to participate in the Work Plan approach will be required to implement the tasks shown in Table NB - OCs -13, as appropriate. 49. The State Board awarded a grant to the South Coast Resource Conservation and Development Council in partnership with the University of California Cooperative Extension to investigate and demonstrate strategies to reduce pesticide runoff from urban areas. A pesticide management plan for the Newport Bay watershed has been developed under this program16 50. If the TMDL implementation plans include compliance schedules beyond the permit term, monitoring and other requirements are being included in this order to monitor progress towards achieving future compliance. 51. Certain portions of the San Gabriel River watershed are under the Los Angeles Regional Board's jurisdiction. Urban runoff from cities and county areas within the northwestern portions of Orange County discharge into the San Gabriel River and/or its tributaries. On July 13, 2006, the Los Angeles Regional Board adopted TMDLs for metals in the San Gabriel River watershed. However, because of the state's inability to meet the March 2007 deadline for an approved TMDL prescribed in a consent decree (Heal the Bay Inc., et al. v. Browner C98-4825 SBA), on March 26, 2007, the EPA promulgated TMDLs for metals and selenium for the San Gabriel River. The upper portions of Coyote Creek flow through Orange County to join the San Gabriel River above the tidal prism. Other unnamed tributaries located in northwestern Orange County also discharge into the San Gabriel River estuary. The EPA promulgated TMDLs include wet weather wasteload allocations for Coyote Creek for copper, lead and zinc and dry weather wasteload allocations for copper for Coyote Creek. The permittees are expected to implement programs and policies consistent with the metals and selenium TMDLs for the San Gabriel River watershed. This includes constituent - specific source control programs or other equally effective programs to control 15 Attachment 2 to Resolution No. R8-2007-0024. 16 Darren L. Haver and John N. Kabashima, June 30, 2008, Pesticide Runoff Management Plan, Newport Bay Watershed. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 18 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff the discharge of copper, lead and zinc into Coyote Creek and other tributaries in Orange County that discharge into the San Gabriel River. 52. This order requires permittees to comply with established TMDL wasteload allocations specified for urban runoff and/or storm water by implementing the necessary BMPs. NPDES regulations at 40 CFR 122.44(d)(vii)(B) require that permits be consistent with wasteload allocations approved by U. S. EPA. This order requires the permittees to comply with the urban runoff/storm water wasteload allocations specified in (1) Regional Board -adopted and USEPA approved TMDLs (including TMDLs for nutrients, fecal coliform, diazinon and chlorpyrifos); (2) Regional Board -adopted TMDLs that are approved by the State Board and State Office of Administrative Law and that are thereby effective (approval of organochlorine compounds TMDLs by the State is pending); and, (3) USEPA-promulgated TMDLs (including toxics TMDLs for the Newport watershed). Continuation of water quality/biota monitoring and analysis of the data are essential to better understand the impacts of storm water discharges on the water quality of the receiving waters, impairment caused by urban runoff, compliance with the wasteload allocations and for assessing the effectiveness of control measures. 53. Permittees will be required to comply with established TMDLs and other water quality standards or discharge requirements that may be imposed by the EPA or the State prior to the expiration of this order. This order may be reopened to address established or revised TMDLs and/or other requirements developed and adopted by the Regional Board, EPA or the State Board. K. DRAINAGE AREA MANAGEMENT PLAN (DAMP) 54. Urban development increases population density and pollutant sources" such as construction activities, industrial facilities, auto emissions, wastes related to automobile maintenance activities, sanitarr wastes, pesticides, pet wastes, household hazardous wastes and trash . If appropriate BMPs are not implemented, retail gasoline outlets and automobile service stations could be significant sources of pollutants in urban runoff including petroleum hydrocarbons, oil and grease, metals and solvents19. 55. The local agencies (the permittees) are the owners and operators of the storm water conveyance systems and have established appropriate legal authority to control discharge of pollutants to the MS4s. The permittees have adopted grading and erosion control ordinances and guidelines for the implementation of best management practices (BMPs) for municipal, commercial, and industrial activities. 17 U.S. EPA (1992). Environmental Impacts of Storm Water Discharges: A National Profile, EPA 841-R-92-001; Office of Water, Washington, DC. 18 National Management Measures to Control Nonpoint Source Pollution from Urban Areas. USEPA Publication No. EPA 841-B-05-004, November 2005. 19 Retail Gasoline Outlet and Commercial Parking Lot Storm Water Runoff Study, Western States. Petroleum Association and American Petroleum Institute (1994) at p 13. The study concludes that pollutant concentrations in storm water discharges from properly managed RGOs are similar to concentrations from commercial parking lots and diffuse urban runoff. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 19 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The permittees must exercise a combination of these programs, policies, and legal authority to ensure that pollutant loads resulting from urbanization are properly controlled and managed. 56. One of the major tools that the permittees use for urban runoff pollution prevention is the development and implementation of an appropriate DAMP, including best management practices (BMPs). The ultimate goal of the urban storm water management program is to support attainment of water quality objectives for the receiving waters and to protect beneficial uses through the implementation of the DAMP. The permittees developed and submitted a revised draft 2007 DAMP. 57. The DAMP is a dynamic document and the permittees have implemented, or are in the process of implementing, various elements of the DAMP. This order requires the permittees to continue to implement the BMPs listed in the revised DAMP; update or modify the DAMP, when appropriate, consistent with the MEP and other applicable standards; and to effectively prohibit illicit discharges to the storm drain system. 58. The Orange County DAMP defined: (1) a management structure for the permittees' compliance effort; (2) a formal agreement to underpin cooperation; and (3) a detailed municipal effort to develop, implement, and evaluate various BMPs or control programs in the areas of public agency activities, public information, new development and construction, public works construction, industrial discharger identification, and illicit discharger/connection identification and elimination. 59. In order to meet DAMP requirements and characterize and manage pollutant sources on a local level, the permittees developed LIPs. Each jurisdiction has developed its own LIP and is implementing the LIP to properly manage, reduce and mitigate potential and actual pollution sources within the boundaries of each permittee's jurisdiction. L. NEW DEVELOPMENT/SIGNIFICANT REDEVELOPMENT — WQMP/LIP/LID 60. A major portion of Orange County is urbanized with residential, commercial and industrial developments. Urban development increases impervious surfaces and storm water runoff volume and velocity and decreases vegetated, pervious surface areas available for infiltration and evapotranspiration of storm water. Increase in runoff volume and velocity can cause scour, erosion (sheet, rill and/or gully), aggradation (raising of a streambed from sediment deposition) and can change fluvial geomorphology, hydrology and aquatic ecosystems. This order includes requirements to address increases in imperviousness and changes in water quality and quantity, including hydrologic conditions of concern. 61. Recent studies have indicated that low impact development20 (LID) BMPs are effective storm water management tools that minimize adverse impacts on storm water runoff quality and quantity resulting from urban developments. The Southern 20 Low impact development is an approach to land development (or re -development) that works with nature to manage storm water as close to its source as possible by using structural and non-structural best management practices to reduce environmental impacts. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 20 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff California Monitoring Coalition (SMC), including the project lead agency, the San Bernardino County Flood Control District, in collaboration with SMC member Southern California Coastal Water Research Project (SCCWRP) and the California Storm Water Quality Association (CASQA), with funding from the State Water Resources Control Board and CASQA, is developing a Low Impact Development Manual for Southern California. A preliminary draft of this manual indicates that effective implementation of site design LID BMPs should occur during the earliest stages of planning such as site assessment, environment review and site planning. This manual will be incorporated into the CASQA BMP Handbooks. The permittees are encouraged to utilize the manual as a resource to implement LID techniques. This order requires the project proponents to first consider preventative and conservation techniques (e.g., preserve and protect natural features to the maximum extent practicable) prior to considering mitigative techniques (structural treatment, such as infiltration systems). The mitigative measures should be prioritized with the highest priority for BMPs that remove storm water pollutants and reduce runoff volume, such as infiltration, then other BMPs, such as harvesting and re -use, evapotranspiration and bio -treatment should be considered. These LID BMPs must be implemented at the project site in a manner consistent with the maximum extent practicable standard. Where LID BMPs are not feasible at the project site, more traditional, but equally effective control measures should be implemented. 62. The USEPA has determined that LID/green infrastructure can be a cost-effective and environmentally preferable approach for the control of storm water pollution and will minimize downstream impacts by limiting the effective impervious area of development. LID and the reduction of impervious areas may achieve multiple environmental and economic benefits in addition to reducing downstream water quality impacts, such as enhanced water supplies, cleaner air, reduced urban temperatures, increased energy efficiency and other community benefits, such as aesthetics, recreation, and wildlife areas. USEPA has reviewed studies21 that have evaluated the percent EIA 22 concept (also see the SCCWRP stud y23). The limited study conducted by Dr. Richard Horner 24 concluded that a 3% EIA standard for development is feasible in Ventura County. EPA believes that EIA is a reasonable metric for incorporating LID principles into storm water permits and EPA supports 21 See for example the analysis prepared by Dr. Richard Horner entitled, "Investigation of the Feasibility and Benefits of Low -Impact Site Design Practices ("LID") for Ventura County" submitted to the Los Angeles Regional Board by NRDC. 22 EIA=effective impervious area. These are areas where little or no infiltration of storm water occur, such as paved areas. 23 Studies conducted by Southern California Coastal Water Research Project (SCCWRP) and others indicate that environmental impacts from developments could be minimized by limiting the effective impervious area. 24 Dr. Richard Horner, Investigation of the Feasibility and Benefits of Low -Impact Site Design Practices ("LID") for Ventura County, Development (undated). Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 21 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff other equally effective metrics for compliance determination. A review of the analysis of the LID metrics in storm water permitting25and its critique 26 indicates that there are certain shortcomings in specifying a percentage EIA as a metric. A series of stakeholder meetings27 conducted after issuance of the first draft of this order concluded that other equally effective metrics could be used to quantify implementation of LID. It was generally agreed by the stakeholders that a numeric metric, such as a metric based on a specified volume capture may be an equally effective metric. A 5% EIA metric was included in the first draft of this order. The second draft replaces the 5% EIA metric with a volume capture metric based on the design volume specified in the WQMP. 63. On October 5, 2000, the State Board adopted Order No. WQ-2000-11, which is a precedential order. Order No. WQ-2000-11 required that urban runoff generated by 85th percentile storm events from specific types of development categories should be infiltrated, filtered or treated. The essential elements of this precedential order were incorporated into the Region 8 Orange County third term permit. In accordance with the requirements specified in the third term permit, the permittees developed a model Water Quality Management Plan (WQMP) by amending their Drainage Area Management Plan (DAMP). The model WQMP provides a framework to incorporate watershed protection principles into the permittees planning, construction and post -construction phases of defined new and redevelopment projects. The model WQMP includes site design, source control and treatment control elements to reduce the discharge of pollutants in urban runoff. On September 26, 2003, the Regional Board approved the model WQMP. The permittees have incorporated provisions of the model WQMP into their LIPs. The permittees are requiring new developments and significant redevelopments to develop and implement appropriate project WQMPs. This order requires continued implementation of structural and non-structural BMPs for new developments and significant redevelopments as per the approved model WQMP, and the priority project threshold for commercial/industrial developments has been changed to 10,000 square feet, making it consistent with the threshold for residential subdivisions. However, with the implementation of LID techniques, some of the structural treatment control BMPs may not be necessary. The project WQMPs are required to include a discussion on how LID principles are incorporated into the project. Section 7.11-3.2.4 of the WQMP requires identification of hydrologic conditions of concern (HCOC). An HCOC exists when a site's hydrologic regime is 25 Low Impact Development Metrics in Stormwater Permitting, Prepared for the Ventura Countywide Stormwater Quality Management Program and the Orange County Stormwater Program by Geosyntec Consultants and Larry Walker Associates with Assistance from Hawks and Associates (January 2009). 26 Critique of Certain Elements of "Low Impact Development Metrics in Stormwater Permitting" by Dr. Richard Horner (undated, submitted by NRDC on February 13, 2009). 27 The stakeholder group included representatives from Permittees, NRDC, Orange County Coastkeeper, BIA/CICWQ, The Irvine Company, Regional Board staff, USEPA and a number of consultants and attorneys. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 22 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff altered and there are significant impacts on downstream channels and aquatic habitats, alone or in conjunction with impacts of other projects. Currently, new development and significant re -development projects are required to perform this assessment and incorporate appropriate BMPs to ensure existing hydrologic conditions are maintained. Certain jurisdictions have employed HCOC mapping efforts to assist developers in identifying areas where HCOC conditions exist. Within six months of adoption of this order, the permittees are required to conduct an HCOC mapping to identify HCOC areas in the permitted area. 64. The Region 8 Orange County third term permit required the permittees to review their planning (CEQA, General Plan, etc.) and approval processes to determine the need to revise those processes to address appropriate storm water protection principles. The model WQMP provides a framework for addressing these issues. However, Regional Board staffs audit of the permittees MS4 program indicated that all the permittees had not fully implemented the program. This order requires the permittees to reevaluate and to revise the current program implementation processes. Pollution prevention techniques, appropriate planning processes and early identification of potential storm water impacts and mitigation measures can significantly reduce storm water pollution problems. The permittees shall consider these impacts and appropriate mitigation measures during the planning and approval processes. 65. The intent of the WQMP, SWPPP and other programs and policies incorporated into this order is to minimize the impact from the project on water quality and the environment. However, compliance with this order and the DAMP does not necessarily constitute mitigation that is sufficiently specific to satisfy the requirements of CEQA with regards to projects. 66. Treatment control BMPs include vortex systems, catch basin inserts, detention basins, infiltrations areas (including LID -based), retention basins, regional treatment systems, constructed wetlands, various types of storm water filters, etc. If not properly designed and managed, these systems could be sources of pollutants and could become a nuisance and/or cause the spreading of surface water pollution, and those treatment systems with a hydraulic connection to groundwater (e.g., detention basins, infiltration systems, constructed wetlands, etc.) could be sources of groundwater pollution. Restrictions placed on urban runoff infiltration in this order (Section XII.B.5.) are based on recommendations provided by the U.S. EPA Risk Reduction Laboratory. The requirements specified in this order include identification of responsible agencies for maintaining the systems and for providing funding for operation and maintenance. 67. If not properly designed and maintained, the BMPs identified in Finding 66 could create a nuisance and/or habitat for vectors28 (e.g., mosquitoes and rodents). Third term permit required the permittees to closely collaborate with the Orange County 28 Managing Mosquitoes in Stormwater Treatment Devices, Marco E. Metzger, University of California Davis, Division of Agriculture and Natural Resources, Publication 8125. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 23 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Vector Control District during the development and implementation of such treatment systems. The permittees should continue these collaborative efforts with the Vector Control District to ensure that treatment control systems do not become a nuisance or a potential source of pollutants. There are other site conditions that limit the applicability of infiltration, including site soils, contaminant plumes, potential mobilization of naturally occurring contaminants such as selenium, high groundwater levels, etc. Such factors should be considered in the design and implementation of storm water control measures. M. NON -STORM WATER/DE-MINIMUS DISCHARGES 68. The MS4s generally contain non -storm water flows such as irrigation runoff, runoff from non-commercial car washes, runoff from miscellaneous washing and cleaning operations, and other nuisance flows generally referred to as de -minimus discharges. Federal regulations, 40 CFR Part 122.26(d)(2)(i)(B), prohibit the discharge of non -storm water containing pollutants into the MS4s and to waters of the U.S. unless they are regulated under a separate NPDES permit, or are exempt, as indicated in Discharge Prohibitions, Section 111.3 of this order. The Regional Board adopted a number of NPDES permits29 to address de -minimus type of pollutant discharges. However, the permittees need not get coverage under the de -minimus permits for the types of discharges listed under Section 111.3, except for discharges to the Newport Bay watershed (where coverage under the Newport Bay watershed -specific de -minimus permit is required, see Finding 69), as long as they are in compliance with the conditions specified under Section III of this order. 69. Many areas of the San Diego Creek/Newport Bay watershed have high nitrate and/or selenium levels in the soils and/or groundwater. Dewatering operations, construction activities and agricultural and other operations could mobilize these pollutants and carry them into San Diego Creek and Newport Bay. The Regional Board has adopted a General Permit, Order No. R8-2007-0041, to regulate dewatering wastes into the San Diego Creek/Newport Bay watershed. In addition, stakeholders in the watershed are in the process of developing a comprehensive nitrogen/selenium management plan to address the nitrogen/selenium issues. N. PERMIT REQUIREMENTS AND NUMERIC EFFLUENT LIMITS 70. The first term permit required the permittees to: (1) develop and implement the DAMP and a storm water and receiving water monitoring plan; (2) eliminate illicit discharges30 to the MS4s; and (3) enact the necessary legal authority to effectively 29 E.g., R8-2003-0061,as amended by R8-2004-0021. 30 Illicit Discharge means any discharge to the municipal separate storm system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all discharges that contain non storm -water discharges except discharges pursuant to an NPDES permit, discharges that are identified in Section III, Discharge Limitations/Prohibitions, of this order, and discharges authorized by the Regional Board Executive Officer. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 24 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff prohibit such discharges. The overall goal of these requirements was to reduce pollutant loadings to surface waters from urban runoff to the MEP. The second term permit required continued implementation of the DAMP and the monitoring plan, and required the permittees to focus on those areas that threaten beneficial uses. The third term permit required the permittees to inspect construction sites and industrial and commercial facilities. The permittees were also required to develop and implement a model WQMP to address runoff from new development and significant redevelopment projects. The principal permittee, in co-operation with the co -permittees, developed administrative strategies and implementation procedures for each program element. Each permittee incorporated these tools into its LIP. The permittees are required to continue to implement each of these program elements and to aggressively pursue implementation of LID techniques during the fourth term permit. As required under the third term permit, the principal permittee, in collaboration with the co -permittees, evaluated the effectiveness of the overall program during the permit term. The permittees, in consultation with Regional Board staff, evaluated each program element and proposed new and improved program commitments in their 2006 Report of Waste Discharge. Regional Board staff audited each of the permittee programs during the third term permit and determined that some of the permittees had significant violations with respect to implementation of certain program elements. Enforcement actions were taken to bring these permittees into compliance. The permittees were required to address problems identified during the audit. Some of the permittees were to amend their LIPs to address deficiencies noted during the audit. 71. Based on the results of the audits performed during the 3rd term permit, a number of permit requirements have been incorporated into the current permit. While the 2001 DAMP listed criteria by which co -permittees were to assess the priority ranking of commercial sites, a number of co -permittees had interpreted those criteria in such a manner as to ensure that only a very small number of sites would be ranked `High' and in some cases, all commercial sites within a municipality were ranked `Low,' resulting in the least number of inspections possible. To address this situation, commercial site ranking now requires that a minimum 10% of the sites with the highest potential for pollutant discharge, be ranked `High' and next 40% of highest potential sites be ranked `Medium,' for inspection purposes. 72. The Report of Waste Discharge proposes to enhance implementation of various program elements through the development of performance indicators and auditable systems, and by focusing on addressing problems on a watershed - specific basis. To improve program management efficiencies, the permittees are proposing to define expertise and competencies for program managers and inspectors, and to develop and implement an effective training program for them. The principal permittee in collaboration with the co -permittees is required to develop guidelines for defining the expertise and competencies for various positions and training programs and schedules for training for these positions. In the event that co -permittees want to design their own training program, it should be prepared in collaboration with the principal permittee, and at a minimum, should contain all information present in the principal permittee -prepared training program. The permittees are required to document procedures used to determine the defined Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 25 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff competencies for each storm water position (this may be accomplished through a test at the end of the training program or through an on-the-job testing procedure). 73. This order includes wasteload allocations for those constituents for which either the U.S. EPA has promulgated or the Regional Board has established TMDLs. Federal regulations (40 CFR 122.44(d)(vii)(B)) require that the Permits be consistent with the applicable wasteload allocations in the TMDLs. Consistent with the federal storm water laws and regulations, the order does not include numeric effluent limits for other potential pollutants. Federal Clean Water Act requires the permittees to have appropriate controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and systems, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants (33 USC 1342(p)(3)(B)). MEP is a dynamic performance standard and it evolves as our knowledge of urban runoff control measures increases. 74. On June 17, 1999, the State Board adopted Water Quality Order No. 99-05. This is a precedential order that incorporates the receiving water limitations language recommended by the USEPA. Consistent with the State Board's order, this order requires the permittees to comply with the applicable water quality standards, which is to be achieved through an iterative approach requiring the implementation of increasingly more effective BMPs. This approach is consistent with most of the municipal storm water permits issued in California that specify certain minimum control measures and incorporate an iterative process that requires increasingly more effective control measures if the water quality objectives are not met. O. MUNICIPAL FACILITIES AND ACTIVITIES 75. The permittees own and operate MS4s and appurtenances, build and maintain roads and other transportation facilities, sanitary waste collection and conveyance systems, recreational facilities such as parks, hiking trails, etc., and other infrastructures of the urban environment. This order requires the permittees to consider water quality impacts during the planning stages of these projects, during construction and post -construction use, and during operation and maintenance of these facilities. This order includes requirements for the control of trash and debris, for street sweeping, and for drainage facilities maintenance. The permittees have already installed eleven trash and debris booms in flood control channels and harbors to recover floatable material. The permittees have promoted a number of public awareness and volunteer cleanup programs. The Orange County Integrated Waste Management Board administers the household hazardous waste collection program. Most of the permittees, in collaboration with the Orange County Health Care Agency, implement the oil recycling program. 76. The permittees own and/or operate facilities where industrial or related activities take place that may have an impact on storm water quality. Some of the permittees also enter into contracts with outside parties to carry out municipal related activities that may also have an impact on storm water quality. The permittees have developed and are implementing a Model Municipal Activities Program that Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 26 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff established a framework for conducting a systematic program of evaluation and BMP implementation for fixed facilities, field operations and drainage facilities. Non -storm water discharges from these facilities and/or activities could also affect water quality. This order prohibits non -storm water discharges from public facilities, unless the discharges are exempt under Section III, Discharge Limitations, of this order, or are permitted by the Regional Board under an individual NPDES permit or the de -minimus permits. 77. Successful implementation of the provisions and limitations in this order will require the cooperation of public agency organizations within Orange County having programs/activities that have an impact on storm water quality. A list of these organizations is included in Attachment C. As such, these organizations should actively participate in implementing the Orange County NPDES Storm Water Program. The Regional Board has the discretion and authority to require certain non -cooperating entities to participate in this areawide permit or obtain individual storm water discharge permits, pursuant to 40 CFR 122.26(a). The permittees have developed a Storm Water Implementation Agreement among the County, the cities and the Orange County Flood Control District. The Implementation Agreement establishes the responsibilities of each party, a funding mechanism for the shared costs, and recognizes the Technical Advisory Committee (TAC). 78. The permittees have developed and implemented programs and policies to address fixed facilities, fertilizer and pesticide use, employee training, storm drain inspection and maintenance activities, and other related planning, inspection and maintenance programs. This order requires the permittees to continue these programs and propose any needed changes to these programs. 79. Some of the permittees own and operate sewage collection systems. Sanitary sewer overflows (SSOs) have been a significant source of water quality impairments and beach closures in Orange County. On May 2, 2006, the State Board adopted Water Quality Order No. 2006-0003 to provide a consistent statewide regulatory approach to address SSOs. In addition, the principal permittee, in collaboration with the Orange County Sanitation District and a number of the co -permittees, has developed the Countywide Area Spill Control Program to address SSOs in certain areas of Orange County. These two programs are expected to address issues related to SSOs. P. PUBLIC EDUCATION/PARTICIPATION 80. Urban runoff contains pollutants from privately owned and operated facilities, such as residences, businesses, private and/or public institutions, and commercial establishments. Therefore, a successful storm water management plan should include the participation and cooperation of the public, businesses, the permittees and the regulators. The DAMP has a strong emphasis on public education. Public education includes education of the public at large, commercial establishments, industrial facilities and developers. It also includes proper training for municipal planning, inspection and maintenance activities. The permittees have developed Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 27 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff inter -departmental training programs and have made commitments to conduct a certain number of these training programs during the term of this permit. 81. Public education is an important part of storm water pollution prevention. The permittees have employed a variety of means to educate the public, business and commercial establishments, industrial facilities and construction sites, and in 1999 developed a long term public education strategy. In 2002, the permittees created a public and business outreach strategy and developed the "Orange County Stormwater Public Education Program Recommendations." This strategy was updated in 2004 and established a long-term cost-effective approach to educate the public and targeted businesses about the effects of storm water pollution and encourages their participation in protecting water quality. In accordance with this strategy the permittees conducted a public awareness survey and translated relevant public education materials into Spanish and Vietnamese. The permittees employed a variety of media, including newspapers, radio, television, movie theaters, advertisements on public transportation vehicles, schools and printed brochures to provide information regarding storm water pollution and the public's role in controlling it. In addition to the multi -media approach, the permittees have started to work with business establishments such as Home Depot and PetsMart, utilities such as Waste Management and Southern California Edison, organizations such as Chamber of Commerce and Welcome Express, and a number of other organizations and establishments. The permittees also established a countywide 24-hour, bilingual, hotline for reporting illegal activities that could impact water quality. This order requires implementation of LID techniques. If not properly designed and maintained, some of the LID BMPs could provide breeding areas for vectors. Public education and outreach materials should include a discussion on the association between disease vectors, urban runoff, storm water treatment control and LID BMPs. 82. The storm water regulations require public participation in the development and implementation of the storm water management program. As such, the permittees are required to solicit and consider all comments received from the public and submit copies of the comments to the Executive Officer of the Regional Board with the annual reports due on November 15 of each year. It is expected that the permittees would include comments received on any significant revisions to the Monitoring Plan, LIPs and WQMPs. In response to public comments, the permittees may modify reports, plans, or schedules prior to submittal to the Executive Officer. Q. MONITORING AND REPORTING PROGRAM AND EFFECTIVENESS ASSESSMENT 83. In order to characterize storm water discharges, to identify problem areas, to determine the impact of urban runoff on receiving waters, and to determine the effectiveness of the various BMPs, an effective monitoring program is critical. The principal permittee administers the monitoring program for the permittees. During the previous permit term, the permittees completed the 99-04 Monitoring Plan. This plan included storm water monitoring, receiving water monitoring, dry weather Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 28 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff monitoring and sediment monitoring in previously identified critical aquatic resources areas, as well as, mass emissions monitoring of both wet and dry season flows. On July 1, 2003, the permittees submitted the Third Term Monitoring Plan. This plan was approved by the Executive Officer on July 15, 2005. Monitoring under this plan was expanded to cover monitoring requirements for the development and implementation of TMDLs for impaired waters in Orange County. The Monitoring Plan approved in 2005, included mass emissions monitoring, estuary/wetlands monitoring, bacteriological/pathogen monitoring, bioassessment monitoring, illicit discharge reconnaissance monitoring, and land use correlations. Three different approaches were used for these monitoring programs: core monitoring, regional monitoring, and special studies. The permittees are required to review the monitoring program on an annual basis to determine the need for any revisions. The monitoring program may have to be revised to meet TMDL and ASBS monitoring requirements and/or to make the program consistent with any statewide or regional monitoring guidance developed either by the State Board or the Stormwater Monitoring Coalition. R. ILLICIT DISCHARGES, ILLICIT CONNECTIONS AND LEGAL AUTHORITY 84. Illicit discharges to the storm drains can contribute to storm water and surface water contamination. A reconnaissance survey of the municipal storm drain systems (open channels and underground storm drains) was completed by the permittees during the third term permit, the permittees significantly enhanced the programmatic framework for detecting and quickly controlling discharges into the MS4s. The permittees have initiated a dry weather monitoring program that is based on statistically derived benchmarks to detect illicit discharges and illicit connections. The program also facilitates public reporting of illicit discharges by providing 24-hour access to a toll free hotline. The program has a number of mechanisms in place to identify and eliminate illicit discharges to the MS4s, including: construction, commercial and industrial facility inspections, drainage facility inspections, water quality monitoring programs, and public education including a 24-hour hotline. The permittees developed a ten module training program for training municipal staff to identify and eliminate illicit discharges to the MS4s and to take appropriate enforcement actions. 85. In order to insure countywide consistency and to provide a legal underpinning to the entire Orange County storm water program, a model water quality ordinance was completed on August 15, 1994 and has been adopted by all the permittees. A countywide Enforcement Consistency Guide was established by the permittees in 1995. These documents establish legal authority for enforcing storm water ordinances and countywide uniformity in the enforcement actions. The permittees have the authority to control pollutants into the MS4s, to prohibit illicit connections and illicit discharges, to control spills, to require compliance with local water quality ordinances and to carry out inspections of the storm drain systems within their jurisdictions. Order No. RS -2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 29 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 86. During the third term permit, the principal permittees in collaboration with the Orange County Sanitation District developed and implemented a coordinated sewage spill prevention and response demonstration project. This program is being evaluated for implementation throughout the Orange County Sanitation District's service area. 87. There may be discharges that are not within the permittees jurisdiction. The permittees may petition the Regional Board to issue a separate NPDES permit to any discharger of non -storm water into storm drain systems that they own or operate. S. COMPLIANCE WITH CZARA, CEQA AND THE ANTI -DEGRADATION POLICY 88. The Coastal Zone Act Reauthorization Amendments of 1990 (CZARA), Section 6217(g), requires coastal states with approved coastal zone management programs to address non -point source pollution impacting or threatening coastal water quality. CZARA addresses five sources of non -point pollution: agriculture, silviculture, urban, marinas, and hydromodification. This order addresses the management measures required for the urban category, with the exception of septic systems. Compliance with requirements specified in this order relieves the permittees for developing a non -point source plan, for the urban category, under CZARA. The Regional Board addresses septic systems through the administration other programs. 89. In accordance with California Water Code Section 13389, the issuance of waste discharge requirements for this discharge is exempt from those provisions of the California Environmental Quality Act contained in Chapter 3 (commencing with Section 21100), Division 13 of the Public Resources Code. 90. The permitted discharge is consistent with the anti -degradation provisions of 40 CFR 131.12 and the State Board Resolution 68-16. This order requires implementation of programs (i.e., BMPs) to reduce the level of pollutants in the storm water discharges. The combination of programs and policies required to be implemented under this order for new and existing developments are designed to improve urban storm water quality. T. PUBLIC COMMENTS AND PUBLIC HEARING 91. The Regional Board has notified the permittees and interested parties of its intent to issue waste discharge requirements for this discharge and has provided them with an opportunity to submit their written views and recommendations. 92. The Regional Board, in a public hearing, heard and considered all comments pertaining to the discharge and to the tentative requirements. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 30 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff PERMIT REQUIREMENTS: IT IS HEREBY ORDERED that the permittees, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act, as amended, and regulations and guidelines adopted thereunder, shall comply with the following: I. RESPONSIBILITIES OF PRINCIPAL PERMITTEE A. The principal permittee shall be responsible for the overall program management and shall: 1. Conduct chemical and biological water quality monitoring, as required by this order and any additional monitoring as directed by the Executive Officer. 2. Conduct inspections and maintain the storm drain systems within its jurisdiction. 3. Review and revise, if necessary, policies/ordinances necessary to establish legal authority as required by the Federal Storm Water Regulations. 4. Respond and/or arrange for responding to emergency situations, such as accidental spills, leaks, illicit discharges and illicit connections, etc., to prevent or reduce the discharge of pollutants to storm drain systems and waters of the US within its jurisdiction. 5. Take appropriate enforcement actions for illicit discharges to the MS4 systems owned or controlled by the principal permittee. 6. Prepare and submit to the Executive Officer of the Regional Board unified reports, plans, and programs as required by this order, including the annual report. B. The activities of the principal permittee shall include, but not be limited to, the following: 1. Coordinate and conduct Management Committee meetings on an as needed basis. The principal permittee will take the lead role in initiating and developing areawide programs and activities necessary to comply with this order. 2. Coordinate permit activities and participate in any subcommittees formed as necessary to coordinate compliance activities with this order. 3. Provide technical and administrative support and inform the co -permittees of the progress of other pertinent municipal programs, pilot projects, research studies, etc. 4. Coordinate the implementation of areawide storm water quality management activities such as public education, pollution prevention, household hazardous waste collection, etc. 5. Develop and implement mechanisms, performance standards, etc., to promote uniform and consistent implementation of BMPs among the permittees. 6. Pursue enforcement actions as necessary within its jurisdiction to ensure compliance with storm water management programs, ordinances and implementation plans, including physical elimination of undocumented connections and illicit discharges. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 31 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 7. In conjunction with the other permittees, implement the BMPs listed in the DAMP, and take such other actions as may be necessary to meet the MEP standard. 8. Monitor the implementation of the plans and programs required by this order and determine their effectiveness in protecting beneficial uses. 9. Coordinate all the activities with the Regional Board, including the submittal of all reports, plans, and programs, as required under this order. 10. Obtain public input for any proposed management and implementation plans, such as Monitoring Plans, Local Implementation Plans and significant changes to Water Quality Management Plans. 11. Cooperate in watershed management programs and regional and/or statewide monitoring programs. 12. In collaboration with the co -permittees, develop guidelines for defining expertise and competencies of storm water program managers and inspectors and develop and submit for approval a training program for various positions in accordance with these guidelines. II. RESPONSIBILITIES OF THE CO -PERMITTEES A. The co -permittees shall be responsible for the management of storm drain systems within their jurisdictions and shall: 1. Implement management programs, monitoring programs, implementation plans and all BMPs outlined in the DAMP/LIP within each respective jurisdiction, and take any other actions as may be necessary to meet the MEP standard. 2. Coordinate among their internal departments and agencies, as appropriate, to facilitate the implementation of this order and the DAMP/LIP. 3. Establish and maintain adequate legal authority, as required by the Federal Storm Water Regulations. 4. Conduct storm drain system inspections and maintenance in accordance with the criteria developed by the principal permittee. 5. Take appropriate enforcement actions for illicit discharges to the MS4 systems owned or controlled by the co -permittee. B. The co -permittees' activities shall include, but not be limited to, the following: Participate in the Management Committee comprised of the principal permittee and one representative of each co -permittee. The principal permittee will take the lead role in initiating and developing areawide programs and activities necessary to comply with this order. The Committee will meet on a regular basis (at least six times per year). Each permittee shall designate one official representative to the Management Committee and attend at least 75% of the meetings each calendar year. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 32 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 2. Review, approve, implement, and comment on all plans, strategies, management programs, and monitoring programs, as developed by the principal permittee or any permittee subcommittee to comply with this order. 3. Pursue enforcement actions as necessary to ensure compliance with the storm water management programs, ordinances and implementation plans, including physical elimination of undocumented connections and illicit discharges to drainage systems owned or controlled by the co -permittees. 4. Conduct and coordinate with the principal permittee any surveys and characterizations needed to identify pollutant sources and drainage areas. 5. Submit storm drain system maps, including any periodic revisions, with each annual report. 6. Respond to emergency situations, such as accidental spills, leaks, illicit discharges, illicit connections, etc., to prevent or reduce the discharge of pollutants to storm drain systems and waters of the US. 7. Prepare and submit all required reports to the principal permittee in a timely manner. III. DISCHARGE LIMITATIONS/PROHIBITIONS In accordance with the requirements of 40 CFR 122.26(d)(2)(i)(B) and 40 CFR 122.26(d)(2)(i)(F), the permittees shall prohibit illicit/illegal discharges (non -storm water) from entering into the municipal separate storm sewer systems unless such discharges are either authorized by a NPDES permit, or not prohibited in accordance with Section 111.3, below. 2. The discharge of storm water from the MS4s to waters of the US containing pollutants that have not been reduced to the maximum extent practicable is prohibited. 3. The permittees shall effectively prohibit the discharge of non -storm water into the MS4s, unless such discharges are authorized by a separate NPDES permit or as otherwise specified in this provision. For purposes of this order, a discharge may include storm water or other types of discharges identified below. i. The discharges identified below need not be prohibited by the permittees unless such discharges are identified either by the permittees or by the Executive Officer as a significant source of pollutants. The DAMP shall include public education and outreach activities directed at reducing these discharges even if they are not substantial contributors of pollutants to the MS4s. a) Discharges composed entirely of storm water; b) Air conditioning condensate; c) Irrigation water; d) Passive foundation drains; e) Passive footing drains; Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 33 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff f) Water from crawl space pumps; g) Non-commercial vehicle washing; h) Dechlorinated swimming pool discharges (Cleaning wastewater and filter backwash shall not be discharged to the MS4). i) Diverted stream flows; j) Rising ground waters and natural springs; k) Ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated pumped groundwater; 1) Flows from riparian habitats and wetlands; m) Emergency fire fighting flows (i.e., flows necessary for the protection of life and property) do not require BMPs and need not be prohibited. However, where possible, when not interfering with health and safety issues, BMPs should be implemented (also see Section XXI, Provision 5); n) Waters not otherwise containing wastes as defined in California Water Code Section 13050 (d); and o) Other types of discharges identified and recommended by the permittees and approved by the Regional Board. ii. The permittees shall prohibit the following categories of non -storm water discharges from permittee owned and/or operated facilities and activities unless the stated conditions are met: a) For discharges outside the Newport Bay watershed the de minimus types of discharges listed in the Regional Board's General De Minimus Permit for Discharges to Surface Waters, Order No. R8-2009-0003, NPDES No. CAG 998001 (General De Minimus Permit), shall be in compliance with the terms and conditions of the General De Minimus Permit. Separate coverage under the General De Minimus Permit is not required. For discharges within the Newport Bay watershed, separate permit authorization for these de minimus discharges will be required when the discharges contain selenium, nitrogen or other pollutants at levels of concern. b) Discharges from potable water sources, including water line flushing, superchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water: Planned discharges shall be dechlorinated to a concentration of 0.1 ppm31 or less, pH adjusted if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. 31 Total residual chlorine = 0.1 mg/I or parts per million (ppm) or less; compliance determination shall be at a point before the discharge mixes with any receiving water. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 34 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff c) Discharges from lawn, greenbelt and median watering and other irrigation runoff from non-agricultural operations32: These discharges shall be minimized through a Model Municipal Activity Maintenance Program designed to control irrigation runoff. d) Dechlorinated swimming pool discharges: Dechlorinated to a concentration of 0.1 ppm33 or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4s. e) Construction dewatering wastes: The maximum daily concentration limit for total suspended solids shall not exceed 75mg/I, sulfides 0.4mg/I, oil and grease15mg/l, total petroleum hydrocarbons 0.1 mg/l. f) Discharges from facilities that extract, treat and discharge water diverted from waters of the US: These discharges shall meet the following conditions: (1) The discharges to waters of the US must not contain pollutants added by the treatment process or pollutants in greater concentration than the influent; (2) The discharge must not cause or contribute to a condition of erosion; (3) The extraction and treatment must be in compliance with Section 404 of the Clean Water Act; and (4) Conduct monitoring in accordance with Monitoring and Reporting Program attached to this order. The Regional Board may add categories of non -storm water discharges that are not significant sources of pollutants or remove categories of non -storm water discharges listed above based upon a finding that the discharges are a significant source of pollutants. 4. Non -storm water discharges from public agency activities into waters of the US are prohibited unless the non -storm water discharges are permitted by an NPDES permit or are included in Section 111.3. 5. The permittees shall reduce the discharge of pollutants, including trash and debris, from the storm water conveyance systems to the maximum extent practicable (also see Section VI I). 6. Discharges from the MS4s shall be in compliance with the applicable discharge prohibitions contained in Chapter 5 of the Basin Plan. 7. Discharges from the MS4s of storm water or non -storm water, as defined in Section 111.3, shall not cause or contribute to a condition of pollution, contamination or nuisance, as those terms are defined in Section 13050 of the Water Code. 32 Non-agricultural irrigation using recycled water must comply with the statewide permit for Landscape Irrigation Using Recycled Water and the State Department Health guidelines. 33 See previous footnote. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 35 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 8. All discharges to Areas of Special Biological Significance shall be consistent with the Special Protections/Exceptions granted by the State Board, or waste discharges shall be prohibited in accordance with the Ocean Plan. IV. RECEIVING WATER LIMITATIONS 1. Discharges from the MS4s shall not cause or contribute to exceedances of receiving water quality standards (designated beneficial uses and water quality objectives) for surface waters or groundwaters. 2. The DAMP and its components shall be designed to achieve compliance with receiving water limitations. It is expected that compliance with receiving water limitations will be achieved through an iterative process and the application of increasingly more effective BMPs. The permittees shall comply with Sections 111.2 and IV.1 of this order through timely implementation of control measures and other actions to reduce pollutants in urban runoff in accordance with the DAMP and other requirements of this order, including any modifications thereto. 3. If exceedance of water quality standards persist, notwithstanding implementation of the DAMP and other requirements of this order, the permittees shall assure compliance with Sections 111.2 and IVA of this order by complying with the following procedure: a) Upon a determination by either the permittees or the Executive Officer that the discharges from the MS4 systems are causing or contributing to an exceedance of an applicable water quality standard, the permittees shall promptly notify and thereafter submit a report to the Executive Officer that describes BMPs that are currently being implemented and additional BMPs that will be implemented to prevent or reduce any pollutants that are causing or contributing to the exceedance of water quality standards. The report may be incorporated in the annual update to the DAMP, unless the Executive Officer directs an earlier submittal. The report shall include an implementation schedule. The Executive Officer may require modifications to the report; b) Submit any modifications to the report required by the Executive Officer within 30 days of notification; c) Within 30 days following approval by the Executive Officer of the report described above, the permittees shall revise the DAMP and monitoring program to incorporate the approved modified BMPs that have been and will be implemented, the implementation schedule, and any additional monitoring required; and, d) Implement the revised DAMP and monitoring program in accordance with the approved schedule. So long as the permittees have complied with the procedures set forth above and are implementing the revised DAMP, the permittees do not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 36 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff limitations unless the Executive Officer determines it is necessary to develop additional BMPs. 4. Nothing in Section IV.3 must prevent the Regional Board from enforcing any provision of this order while the permittee prepares and implements the above programs. V. IMPLEMENTATION AGREEMENT 1. Within 6 months of adoption of this order, the existing Implementation Agreement shall be reviewed and revised, if necessary, to include any cities that were not signatories to this agreement. A copy of the signature page and any revisions to the Agreement shall be included in the annual report. 2. Within 6 months of adoption of this order and annually thereafter, the permittees shall evaluate the storm water management structure and the Implementation Agreement and determine the need for any revisions. The corresponding annual report shall include the findings of this review and a schedule for any needed revisions. VI. LEGAL AUTHORITY/ENFORCEMENT 1. The permittees shall maintain adequate legal authority to control the discharge of pollutants to the MS4s from urban runoff and enforce those authorities. This may be accomplished through ordinance, statute, permit, contract or similar means. Such legal authority must address all illicit connections and illicit discharges into the MS4s, including those from all industrial and construction sites. The permittees may use the Enforcement Consistency Guide or develop its own enforcement program and shall incorporate the enforcement program into their Local Implementation Plan. 2. The permittees shall carry out inspections, surveillance, and monitoring necessary to determine compliance with their ordinances and permits. The Permittees' ordinance must include adequate legal authority, to the extent permitted by California and Federal Law and subject to the limitations on municipal action under the constitutions of California and the United States, to enter, inspect and gather evidence (pictures, videos, samples, documents, etc.) from industrial, construction and commercial establishments. The permittees shall progressively and decisively take enforcement actions against any violators of their Water Quality Ordinance. These enforcement actions must, at a minimum, meet the guidelines and procedures listed in the Enforcement Consistency Guide. 3. Permittees' ordinances or other local regulatory mechanisms shall include sanctions and follow up inspection milestones to ensure compliance. Sanctions shall include, but are not limited to: monetary penalties, non -monetary penalties, bonding requirements, and/or permit denials/revocations/stays for non-compliance. Follow up inspection milestones shall be consistent with applicable sections of this order. Permittees' ordinances shall have a provision for civil or criminal penalties for violations of their water quality ordinances. These penalties shall be issued in a Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 37 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff decisive manner within a predetermined timeframe, from the time of the violation's occurrence and/or respective follow-up inspection. 4. Within one year of the adoption of this order, each permittee shall submit a statement, signed by legal counsel, that the permittee has obtained all necessary legal authority in accordance with 40 CFR 122.26(d)(2)(i)(A-F) and to comply with this order through adoption of ordinances and/or municipal code modifications. 5. If necessary, the permittees shall revise their LIPs to include citations of appropriate local ordinances, identification of departmental jurisdictions in the implementation and enforcement of these ordinances, and key personnel. The LIP shall include procedures and timeframes for progressive enforcement actions. 6. The permittees shall continue to provide notification to Regional Board staff regarding storm water related information gathered during site inspections of industrial and construction sites regulated by the Statewide General Storm Water Permits and at sites that should be regulated under those Statewide General Permits. The notification shall be provided on a quarterly basis34 and shall include any observed violations, or threat of potential violations of the General Permits (e.g., problematic housekeeping issues) prior history of violations, any enforcement actions taken by the permittee, and any other relevant information. (Also see notification requirements under Sections VIII, IX, and X of this Order.) 7. The permittees shall annually review their water quality ordinances and provide findings within the annual report each year on the effectiveness of these ordinances and associated enforcement programs, in prohibiting the following types of discharges to the MS4s (the permittees may propose appropriate control measures in lieu of prohibiting these discharges, where the permittees are responsible for ensuring that dischargers adequately maintain those control measures): a) Sewage (also prohibited under the Statewide SSO order 35); b) Wash water resulting from the hosing or cleaning of gas stations, auto repair garages, and other types of automobile service stations; c) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing, etc.; d) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet/upholstery cleaning, pool cleaning and other such mobile commercial and industrial activities; e) Water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.; 34 The reporting schedule may be revised with the approval of the Executive Officer. 35 State Board WQO No. 2006-0003. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 38 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff f) Runoff from material storage areas or uncovered receptacles that contain chemicals, fuels, grease, oil, or other hazardous materials36; g) Discharges of runoff from the washing of toxic materials37 from paved or unpaved areas; h) Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; pool filter backwash containing debris and chlorine; i) Pet waste, yard waste, litter, debris, sediment, etc.; and, j) Restaurant or food processing facility wastes such as grease, floor mat and trash bin wash water, food waste, etc. 8. The permittees are encouraged to enter into interagency agreements with owners of other MS4 systems, such as Caltrans, school and college districts, universities, Department of Defense, Native American Tribes, etc., to control the contribution of pollutants from one portion of the MS4s to another portion. The Regional Board will continue to notify the owner/operator of the MS4 systems and the local municipality if the Board issues a permit for discharges into the MS4 systems. VII. ILLICIT DISCHARGES/ILLICIT CONNECTIONS: LITTER, DEBRIS AND TRASH CONTROL The permittees shall continue to prohibit all illicit connections to the MS4s through their ordinances, inspections, monitoring programs, and enforcement actions. The permittees shall conduct inspections for illicit connections and illicit discharges during routine maintenance of all MS4 facilities. If routine inspections or dry weather screening and/or monitoring indicate any illicit connections, they shall be investigated and eliminated or permitted within 120 days of discovery and identification. 2. The permittees shall control the discharge of spills, leaks, or dumping of any materials other than storm water and authorized non -storm water per Section III, above, into the MS4s. All reports of spills, leaks, and/or illegal dumping shall be promptly investigated and reported as specified under Section XVII. 3. Within six months of adoption of this order, the permittees shall evaluate the current Illicit Discharges/Illicit Connections Training Program. If necessary, the program shall be revised to meet the expected expertise and competencies of the municipal inspectors. 36 Hazardous material is defined as any substance that poses a threat to human health or the environment due to its toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity. These also include materials named by EPA to be reported if a designed quantity of the material is spilled into the waters of the United States or emitted into the environment. 37 Toxic material is a chemical or a mixture that may present an unreasonable risk of injury to health or the environment. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 39 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 4. The permittees shall continue to implement appropriate control measures to reduce and/or to eliminate the discharge of trash and debris to waters of the US. These control measures shall be reported in the annual report. 5. By July 1St of each year the permittees shall review their litter/trash control ordinances to determine the need for any revision. At least once during the permit term, the principal permittee shall characterize trash, determine its main source(s) and develop and implement appropriate BMPs to control trash in urban runoff. The findings of this review shall be included in the annual report. 6. The permittees shall determine the need for any additional debris control measures. The findings shall be included in each annual report. 7. The permittees who are regulated under State Board's Water Quality Order No. 2006-0003 shall continue to comply with that order to control sanitary system overflows. The principal permittee shall continue to evaluate the applicability of the "Countywide Area Spill Control Program (CASC)" to all areas within the Santa Ana Regional Board's jurisdiction to control and mitigate sanitary sewer overflows. This evaluation shall be included in the first annual report due after adoption of this order. Within 12 months of adoption of this order, the principal permittee in collaboration with the Orange County Sanitation District, Irvine Ranch Water District and the co - permittees shall implement essential elements of the CASC or other equally effective programs (such as the Statewide SSO order) to control and mitigate sanitary sewer overflows in Orange County areas that are within the Region. VIII. MUNICIPAL INSPECTIONS OF CONSTRUCTION SITES 1. Each permittee shall ensure that all construction activities within its jurisdiction are consistent with the Model Construction Program developed by the permittees. 2. Each permittee shall continue to maintain and update (at least on a biannual basis, once in September and the second update in May) an inventory of all construction sites within its jurisdiction for which building or grading permits have been issued and where activities at the site include: soil movement; uncovered storage of materials or wastes, such as dirt, sand or fertilizer; or exterior mixing of cementaceous products, such as concrete, mortar or stucco. All construction sites, as described above, shall be included regardless of whether the construction site is subject to the General Construction Permit or other individual NPDES permit. This inventory shall be maintained in the 2002 Spreadsheet developed by the permittees or a similar computer-based database system and shall include relevant information on site ownership, General Construction Permit WDID number (if any), size, location (latitude/longitude [in decimals] or NAD83/WGS8438 compatible formatting ), inspection data, etc. 3. The permittees shall continue to prioritize construction sites within their jurisdictions as a high, medium or low threat to water quality. Evaluation of construction sites 38 NAD83/WGS84=North American Datum of 1983 and World Geodetic System of 1984 are systems to define three-dimensional coordinates of a single physical point. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 40 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff shall be based on factors, which shall include, but not be limited to: soil erosion potential, project size, site slope, proximity to and sensitivity of receiving waters and any other relevant factors. At a minimum, high priority construction sites shall include: sites 20 acres and larger; sites over 1 acre that are tributary to Clean Water Act Section 303(d) waters listed for sediment or turbidity impairments; and sites that are tributary to and within 500 feet of an area defined by the Ocean Plan as an Area of Special Biological Significance (ASBS). At a minimum, medium priority construction sites shall include sites between 5 to 20 acres of disturbed soil. 4. Each permittee shall conduct construction site inspections, subject to limitations on municipal action under the constitutions of California and the United States, for compliance with its ordinances (grading, Water Quality Management Plans, etc.), local permits (construction, grading, etc.), the Model Construction Program and the Construction Runoff Guidance Manual, both developed by the permittees. The permittees must develop a checklist for conducting construction site inspections. Inspections of construction sites shall include, but not be limited to: a) Verification of coverage under the General Construction Permit (Notice of Intent or Waste Discharge Identification Number, WDID Number) during the initial inspection; b) A documented review of the Erosion and Sediment Control Plan (ESCP) to ensure that the BMPs to be implemented on-site are consistent with the appropriate phase of construction (Preliminary Stage, Mass Grading Stage, Streets and Utilities Stage, etc.); c) Visual observation for non -storm water discharges and potential pollutant sources; d) Determination of compliance with local ordinances, permits, Water Quality Management Plans, Construction Runoff Guidance Manual and other relevant requirements including the implementation and maintenance of BMPs required under local requirements; and, e) An assessment of the effectiveness of BMPs implemented at the site and the need for any additional BMPs. 5. At a minimum, the inspection frequency shall include the following: a) During the dry season (i.e., May 1 through September 30 of each year), all construction sites shall be inspected at a frequency sufficient to ensure that sediment and other pollutants are properly controlled and that unauthorized, non -storm water discharges are prevented. b) During the wet season (i.e., October 1 through April 30 of each year), all high priority sites are to be inspected, in their entirety, once a month. All medium priority sites are to be inspected at least twice during the wet season. All low priority sites are to be inspected at least once during the wet season. When BMPs or BMP maintenance is deemed inadequate or out of compliance, an Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 41 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff inspection frequency of once every week will be maintained until BMPs and BMP maintenance are brought into compliance. 6. To establish a consistent enforcement program for non-compliant construction sites, the permittees shall enforce their ordinances and permits at all construction sites in a fair, firm and consistent manner. If necessary, the permittees shall revise their LIPs within 12 months of adoption of this order to include a mechanism to notify and to establish a clear and coordinated enforcement linkage for further enforcement action with Regional Board staff. Sanctions for non-compliance must include: a written enforcement order at the time of inspection and other appropriate actions, such as Administrative Compliance Orders, Cease and Desist Orders, Stop Work Orders, Misdemeanor/Infractions, monetary penalties, bonding requirements and/or permit denial or administrative termination. 7. All violations shall be notified as per Section XVII. 8. Each permittee shall respond to complaints received from third parties in a timely manner to ensure that the construction sites are not a source of pollutants in the MS4s and the receiving waters. 9. All construction site inspectors shall be trained in accordance with Section XVI. IX. MUNICIPAL INSPECTIONS OF INDUSTRIAL FACILTIES 1. Each permittee shall continue to maintain an inventory of industrial facilities within its jurisdiction. All sites that have the potential to discharge pollutants to the MS4 should be included in this inventory regardless of whether the facility is subject to business permits, licensing, the State's General Industrial Permit or other individual NPDES permit. This database must be updated on an annual basis. This inventory must be maintained in a computer-based database system and must include relevant information on ownership, SIC code(s), General Industrial Permit WDID # (if any), size, location, etc. Inclusion of a Geographical Information System (GIS) is required, with latitude/longitude (in decimals) or NAD83NVGS8439 compatible formatting. 2. To establish priorities for inspection requirements under this order, the permittees shall continue to prioritize industrial facilities within their jurisdiction as a high, medium or low threat to water quality. Continuous evaluation of these facilities should be based on such factors as type of industrial activities (SIC codes), materials or wastes used or stored outside, pollutant discharge potential, facility size, proximity and sensitivity of receiving waters and any other relevant factors. At a minimum, a high priority shall be assigned to: facilities subject to section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA); facilities requiring coverage under the General Industrial Permit; facilities with a high potential for, or history of, unauthorized, non -storm water discharges; and facilities that are tributary to, and within 500 feet of, an area defined by the Ocean Plan as an Area of Special Biological Significance. 39 See Footnote 38. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 42 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 3. Each permittee shall conduct industrial facility inspections, subject to limitations on municipal action under the constitutions of California and the United States, for compliance with its ordinances, permits and this order. Inspections shall include a review of material and waste handling and storage practices, written documentation of pollutant control BMP implementation and maintenance procedures and digital photographic documentation for any water quality violations, as well as, evidence of past or present unauthorized, non -storm water discharges and enforcement actions issued at the time of inspection. All high priority facilities identified in Section IX.2 shall be inspected at least once a year and a report on these inspections shall be submitted in the annual report for each year. 4. All medium priority sites are to be inspected at least once every two years; and all low priority sites are to be inspected at least once per permit cycle. In the event that inappropriate material or waste handling or storage practices are observed, or there is evidence of past or present unauthorized, non -storm water discharges, an enforcement order shall be issued and a re -inspection frequency schedule adequate to bring the site into compliance, must be maintained (at a minimum, once a month). Once compliance is achieved, a minimum inspection frequency of once every six months will be maintained for the next calendar year. 5. Each permittee shall continually identify any industrial facilities within their jurisdiction and shall add them to the database, as identified in Section IX.1. Additionally, each facility shall be listed with its respective prioritization in accordance with the specifications identified in Section IX.2, within 15 days from the initial date of discovery of the facility. 6. Information including, at a minimum, inspection dates, inspectors present, the photographic and written results of the inspection and any enforcement actions taken must be maintained in the database identified in Section IX.1 or must be linked to that database. A copy of this database must be provided to the Regional Board with each annual report. 7. Each permittee shall enforce its ordinances and permits at all industrial facilities in accordance with the Enforcement Consistency Guide to maintain compliance with this order. At a minimum, each facility shall be required to implement source control and pollution prevention measures consistent with the BMP Fact Sheets developed by the permittees. Sanctions for non-compliance shall be adequate to bring the site into compliance and must include: an oral or written warning for minor violations at the time of inspection, a written enforcement order for violations that pose a threat to water quality that should include consideration of monetary penalties, bonding requirements and/or permit denial or revocation depending on the severity of the violation and in accordance with the Enforcement Consistency Guide. 8. Regional Board shall be notified of all violations in accordance with Section XVII. 9. Industrial site inspectors shall be trained as stipulated in Section XVI Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 43 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 10. The permittees need not inspect facilities already inspected by Regional Board staff, if the inspection was conducted within the specified time periodao X. MUNICIPAL INSPECTIONS OF COMMERCIAL FACILITIES Each permittee shall continue to maintain and update quarterly an inventory of the types of commercial facilities/businesses listed below within its jurisdiction 41. As required under the third term permit, this inventory must be maintained in a computer-based database system (Commercial Database) and must include relevant information on ownership, size, location, etc. For fixed facilities, inclusion of a Geographical Information System (GIS), with latitude/longitude (in decimals) or NAD83/WGS8442 compatible formatting is required. For water quality planning purposes, the permittees should consider using a parcel -level GIS that contains an inventory of the types of facilities/discharges listed below. Commercial facilities may include, but may not be limited t043: a) Transport, storage or transfer of pre -production plastic pellets. b) Automobile mechanical repair, maintenance, fueling or cleaning; c) Airplane maintenance, fueling or cleaning; d) Marinas and boat maintenance, fueling or cleaning; e) Equipment repair, maintenance, fueling or cleaning; f) Automobile impound and storage facilities; g) Pest control service facilities; h) Eating or drinking establishments, including food markets and restaurants; i) Automobile and other vehicle body repair or painting; j) Building materials retail and storage facilities; k) Portable sanitary service facilities; 1) Painting and coating; m) Animal facilities such as petting zoos and boarding and training facilities; n) Nurseries and greenhouses; o) Landscape and hardscape installation; p) Pool, lake and fountain cleaning; q) Golf courses; r) Other commercial sites/sources that the permittee determines may contribute a significant pollutant load to the MS4; and, s) Any commercial sites or sources that are tributary to and within 500 feet of an area defined by the Ocean Plan as an Area of Special Biological Significance. 40 An appropriate framework for inspection coordination will be developed by Regional Board staff and the permittees. 41 The inventory update schedule may be revised with the approval of the Executive Officer. 42 See Footnote 38. 43 Mobile cleaning services are addressed in X.8, below. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 44 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 2. Each permittee shall conduct, or require to be completed, inspections of its commercial facilities as indicated below and subject to limitations on municipal action under the constitutions of California and the United States. To establish priorities for inspection, the permittees shall continue to prioritize commercial facilities/businesses within their jurisdiction as a high, medium or low threat to water quality based on such factors as the type, magnitude and location of the commercial activity, potential for discharge of pollutants to the MS4, any history of unauthorized, non -storm water discharges, proximity and sensitivity of receiving waters, material used and wastes generated at the site. Within 12 months of adoption of this order, the permittees shall develop a prioritization and inspection schedule for the commercial facilities in Section X.1 for review and approval by the Executive Officer. Until that plan is approved, the following minimum criteria must be met for prioritization of commercial sites for inspections: 10% of commercial sites (not including restaurants/food markets) must be ranked `high' and these represent the greatest threat to water quality44; 20% of commercial sites (not including restaurants/food markets) must be ranked `medium'; and, the remainder may be ranked 'low'. 3. Each permittee shall conduct, or require to be completed, commercial facility inspections, at frequencies as determined by the threat to water quality prioritization, for compliance with its ordinances, permits and this order. All high priority sites shall be inspected at least once a year; all medium priority sites shall be inspected at least every two years; and all low priority sites shall be inspected at least once per permit cycle. At a minimum, each facility shall be required to implement source control and pollution prevention measures consistent with the BMP Fact Sheets developed by the permittees. Inspections should include a review of control measures implemented, their effectiveness and maintenance; written and photographic documentation of materials and waste handling and storage practices; evidence of past or present unauthorized, non -storm water discharges; and an assessment of management/employees awareness of storm water pollution prevention measures. 4. In the event that inappropriate material or waste handling or storage practices are observed, or there is evidence of past or present unauthorized, non -storm water discharges, a written enforcement order shall be issued, at the time of inspection, to bring the site into compliance. 5. Information, including inspection dates, inspectors present, the written and photographic documentation results of the inspection and any enforcement actions including mitigative compliance orders must be maintained in the Commercial Database or must be linked to that database. A copy of this database must be provided to the Regional Board with each annual report. 6. Each permittee shall enforce its ordinances and permits at commercial facilities. Sanctions for non-compliance must include: enforcement orders issued at the time of inspections, monetary penalties, bonding requirements and/or permit denial or 44 Where there are less than 100 commercial sites within a municipality, at least 10 sites must be ranked 'High'. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 45 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff revocation. Sanctions shall be consistent with methods and protocols established in the Enforcement Consistency Guide. 7. All violations shall be notified as specified in Section XVII. 8. Within 12 months of adoption of this order, the permittees shall develop a mobile business pilot program. The pilot program shall address one category of mobile business from the following list: mobile auto washing/detailing; equipment washing/cleaning; carpet, drape and furniture cleaning; mobile high pressure or steam cleaning. The pilot program shall include at least two notifications of the individual businesses operating within the County regarding the minimum source control and pollution prevention measures that the business must implement. The pilot program shall include outreach materials for the business and an enforcement strategy to address mobile businesses. The permittees shall also develop and distribute the BMP Fact Sheets for the selected mobile businesses. At a minimum, the mobile business Fact Sheets should include: laws and regulations dealing with urban runoff and discharges to storm drains; appropriate BMPs and proper procedure for disposing of wastes generated. 9. The principal permittee shall continue to maintain a restaurant inspection program, or coordinate and collaborate with the Orange County Health Care Agency's restaurant inspection program. The restaurant inspection program shall, at a minimum, continue to conduct annual inspections that address: a) Oil and grease disposal to verify that these wastes are not poured onto a parking lot, street or adjacent catch basin; b) Trash bin areas to verify that these areas are clean, the bin lids are closed, the bins are not filled with liquid and the bins have not been washed out; c) Parking lot, alley, sidewalk and street areas to verify that floor mats, mops, filters and garbage containers are not washed in those areas and that no washwater is poured in those areas or discharged to the MS4; d) Parking lot areas to verify that they are cleaned by sweeping, not by hosing down and that the facility operator uses dry methods for spill cleanup; and, e) Inspection of existing devices designed to separate grease from wastewater (e.g., grease traps or interceptors) to ensure adequate capacity and proper maintenance is currently performed under the Fats, Oils and Grease (FOG) program (the FOG inspections conducted under the Statewide SSO order (Water Quality Order No. 2006-0003) could be substituted for this inspection). All violations of the Water Quality Ordinance should be enforced by the permittees and all violations of the Health and Safety Code should be enforced by the Health Care Agency. 10. All commercial site inspectors shall be trained as specified in Section XVI. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 46 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 11. The permittees need not inspect facilities already inspected by Regional Board staff if the inspection was conducted within the specified time periodae XI. RESIDENTIAL PROGRAM 1. Each permittee shall develop and implement a residential program to reduce the discharge of pollutants from residential facilities to the MS4s consistent with the maximum extent practicable standard so as to prevent discharges from the MS4s from causing or contributing to a violation of water quality standards in the receiving waters. 2. The permittees should identify residential areas and activities that are potential sources of pollutants and develop Fact Sheets/BMPs. At a minimum, this should include: residential auto washing and maintenance activities; use and disposal of pesticides, herbicides, fertilizers and household cleaners; and collection and disposal of pet wastes. The permittees shall encourage residents to implement pollution prevention measures. The permittees should work with sub -watershed groups (e.g., the Serrano Creek Conservancy) to disseminate latest research information, such as the UC Master Gardeners Program46 and USDA's Backyard Conservation Program47. 3. The permittees, collectively or individually, shall facilitate the proper collection and management of used oil, toxic and hazardous materials, and other household wastes. Such facilitation should include educational activities, public information activities, and establishment of curbside or special collection sites managed by the permittees or private entities, such as solid waste haulers. 4. Within 18 months of adoption of this order, the permittees shall develop a pilot program to control pollutant discharges from common interest areas and areas managed by homeowner associations or management companies. The permittees should evaluate the applicability of programs such as the Landscape 45 An appropriate framework for inspection coordination will be developed by Regional Board staff and the permittees. 46 The UC Master Gardener volunteer program provides gardening and horticulture information to the residents of Orange County through trained volunteers who disseminate University research based scientific information. 47 Backyard Conservation, Bringing Conservation from the Countryside to Your Backyard, USDA Natural Resources Conservation Service, National Association of Conservation Districts, Wildlife Habitat Council and National Audubon Society. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 47 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Performance Certification Program48 to encourage efficient water use and to minimize runoff49. 5. The permittees shall enforce their Water Quality Ordinance for all residential areas and activities. The permittees should encourage new developments to use weather -based evapotranspiration (ET) irrigation controllers50 6. Each permittee shall include an evaluation of its Residential Program in the annual report starting with the first annual report after adoption of this order. XII. NEW DEVELOPMENT (INCLUDING SIGNIFICANT RE -DEVELOPMENT) A. GENERAL REQUIREMENTS: 1. The permittees shall continue to maintain a computerized database to ensure (prior to issuance of any local permits or other approvals) that all construction sites that are required to obtain coverage under the State's General Construction Permit have filed with the State Board a Notice of Intent for coverage under the General Permit. 2. Within 12 months of adoption of this order, the principal permittee, in collaboration with the co -permittees, shall develop a guidance document for the preparation of conceptual or preliminary WQMPs to more effectively ensure that water quality protection, including LID principles, is considered in the earliest phases of a project. Within 90 days of approval of the guidance document, each permittee shall revise its LIP to be consistent with the guidance. The permittees are encouraged to require submission of a conceptual WQMP as early in the planning process as possible. 3. Each permittee shall minimize the short and long-term impacts on receiving water quality from new developments and significant re -developments, as required in Section XII.B.2., below, by requiring the submittal of a WQMP, emphasizing implementation of LID principles and addressing hydrologic conditions of concern, prior to issuance of any grading or building permits and/or prior to recordation of any subdivision maps. 4. In the first annual report following adoption of this permit, the permittees shall include a summary of their review of the watershed protection principles and policies in their General Plan and related documents (such as Development Standards, Zoning Codes, Conditions of Approval, Development Project Guidance, Local Coastal Plan, etc.) to ensure that these principles and policies, 48 For example, see the Metropolitan Water District of Orange County's Evaluation of the Landscape Performance Certification Program, January 2004. 49 The Residential Runoff Reduction Study, Municipal Water District of Orange County, Irvine Ranch Water District and Metropolitan Water District of Southern California, July 2004. 50 Westpark Study, Municipal Water District of Orange County, Irvine Ranch Water District and Metropolitan Water District of Southern California, 2001. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 48 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff including LID principles, are properly considered and are incorporated into these documents. These principles and policies should include, but not be limited to, LID principles discussed in Section XII. C and hydrologic conditions of concern discussed in Section XII. D. Within 6 months of adoption of this order, the principal permittee shall facilitate the formation of a technical advisory committee (TAC) consisting of the Community Development/Planning Department directors of the co -permittees to effectively incorporate watershed protection principles (including LID) and policies during the early stages of a project. The TAC shall meet at least on an annual basis to develop common development standards, zoning codes, conditions of approval and other principles and policies necessary for water quality protection. Each annual report shall include a brief summary of the TAC meetings including its recommendations. 5. Each permittee shall provide the Regional Board with the draft amendment or revision when a pertinent General Plan element or the General Plan is noticed for comment in accordance with Govt. Code § 65350 et seq. 6. The permittees shall review their planning procedures and CEQA document preparation processes at the time of DAMP finalization and no later than 24 months after adoption of this order, to ensure that urban runoff -related issues are properly considered and addressed. If necessary, these processes shall be revised to consider and mitigate impacts to storm water quality. Should findings of the review result in changes to the above processes, the permittee shall include these changes in the LIP and submit a revised copy of the LIP to the Regional Board with the next annual report. The permittees shall ensure that the following potential impacts are considered during CEQA reviews: a) Potential impact of project construction on storm water runoff; b) Potential impact of project's post -construction activity on storm water runoff; c) Potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas. loading docks or other outdoor work areas; d) Potential for discharge of storm water to affect the beneficial uses of the receiving waters; e) Potential for significant changes in the flow velocity or volume of storm water runoff to cause environmental harm; and, f) Potential for significant increases in erosion of the project site or surrounding areas. g) Potential decreases in quality and quantity of recharge to groundwater. h) Potential impact of pollutants in storm water runoff from the project site on any 303(d) listed waterbodies. 7. The permittees shall modify the project approval process in conjunction with preparation of the DAMP finalization, consistent with the guidance for conceptual Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 49 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff or preliminary WQMP, to ensure that proper conditions of approval, design specifications and tracking mechanisms are included. 8. The permittees shall train their employees involved with the preparation and/or review of CEQA documents as specified in Section XVI. B. WATER QUALITY MANAGEMENT PLAN (WQMP) FOR URBAN RUNOFF (FOR NEW DEVELOPMENT/SIGNIFICANT REDEVELOPMENT): 1. The permittees shall annually review the existing structural treatment control and other BMPs for New Developments and submit any changes for review and approval by the Executive Officer. Within 12 months of adoption of this order, the principal permittee shall revise the appropriate tables in the Water Quality Management Plan with the latest information on BMPs and provide additional clarification regarding their effectiveness and applicability. 2. Each permittee shall ensure that an appropriate WQMP is prepared for the following categories of new development/significant redevelopment projects (priority development projects). The WQMP shall be developed in accordance with the approved Model WQMP and shall incorporate LID principles in the WQMP. a. All significant redevelopment projects, where significant redevelopment is defined as projects that include the addition or replacement of 5,000 square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than fifty percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed below applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition or replacement of more than fifty percent of the impervious surfaces of a previously existing developed site, the numeric sizing criteria applies to the entire development. b. New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single family home subdivisions, multi -family attached subdivisions (town homes), condominiums, apartments, etc.), mixed-use, and public projects. This category includes development projects on public or private land, which fall under the planning and building authority of the permittees. c. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539). d. Restaurants where the land area of development is 5,000 square feet or more. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 50 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff e. All hillside developments on 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is twenty- five percent or more. f. Developments of 2,500 square feet of impervious surface or more, adjacent to (within 200 feet) or discharging directly51 into environmentally sensitive areas, such as areas designated in the Ocean Plan as Areas of Special Biological Significance or waterbodies listed on the CWA Section 303(d) list of impaired waters. g. Parking lots of 5,000 square feet or more of impervious surface exposed to storm water. Parking lot is defined as a land area or facility for the temporary storage of motor vehicles. h. Streets, roads, highways and freeways of 5,000 square feet or more of paved surface shall incorporate USEPA guidance, "Managing Wet Weather with Green Infrastructure: Green Streets" in a manner consistent with the maximum extent practicable standard. This category includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes any routine road maintenance activities where the footprint is not changed. i. Retail gasoline outlets of 5,000 or more square feet with a projected average daily traffic of 100 or more vehicles per day. j. Emergency and public safety projects in any of the above -listed categories may be excluded if the delay caused due the requirement for a WQMP compromises public safety, public health and/or environmental protection. 3. WQMPs shall include BMPs for source control, pollution prevention, site design, LID implementation (see Section C., below) and structural treatment control BMPs. For all structural treatment controls, WQMPs shall identify the responsible party for maintenance of the treatment system, vector minimization and control measures, and a funding source or sources for its operation and maintenance. WQMPs shall include control measures for any listed pollutant52 to an impaired waterbody on the 303(d) list such that the discharge shall not cause or contribute to an exceedance of receiving water quality objectives. The permittees shall require the following source control BMPs for each priority development project, unless formally substantiated as unwarranted in a written submittal to the permittee: a) Minimize contaminated runoff, including irrigation runoff, from entering the MS4s; 51 Discharging directly means a drainage or conveyance which carries flows entirely from the subject development and not commingled with any other flows. 52 For a waterbody listed under Section 303(d) of the Clean Water Act, the pollutant that is causing the impairment is the "listed pollutant'. Order No. RS -2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 51 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff b) Provide appropriate secondary containment and/or proper covers or lids for materials storage, trash bins, and outdoor processing and work areas; c) Minimize storm water contact with pollutant sources; d) Provide community car wash and equipment wash areas that discharge to sanitary sewers; e) Minimize trash and debris in storm water runoff through regular street sweeping and through litter control ordinances. f) The pollutants in post -development runoff shall be reduced using controls that utilize best management practices, as described in the California Stormwater Quality Handbooks, Caltrans Storm Water Quality Handbook or other reliable sources. 4. At a minimum, structural BMPs shall be designed and built in accordance with the approved model WQMP and must be sized to comply with one of the following numeric sizing criteria: A. Volume Volume—based BMPs shall be designed to infiltrate, filter, or treat either: 1) The volume of runoff produced from a 24-hour, 85th percentile storm event, as determined from the County of Orange's 85th Percentile Precipitation Isopluvial Map53; or, 2) The volume of annual runoff produced by the 85th percentile, 24-hour rainfall event, determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998); or, 3) The volume of annual runoff based on unit basin storage volume, to achieve 80% or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/Commercial; or, 4) The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile, 24-hour runoff event; OR B. Flow Flow -based BMPs shall be designed to infiltrate, filter, or treat either: 1) The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event; or, 53 The isopluvial map is available from: http://www.ocwatersheds.com/StormWater/PDFs/2003 DAMP Section 7 New Development Significant Redevelopment.pdf. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 52 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 2) The maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or, 3) The maximum flow rate of runoff, as determined from the local historical rainfall record, which achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multiplied by a factor of two. 5. To protect ground water resources any structural infiltration BMPs shall meet the following minimum requirements: a) Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of groundwater water quality objectives. b) Source control and pollution prevention control BMPs shall be implemented in conjunction with structural infiltration BMPs to protect groundwater quality. The need for sedimentation or filtration should be evaluated prior to infiltration. c) Structural infiltration treatment BMPs shall not cause a nuisance or pollution, as defined in Water Code Section 13050. d) The vertical distance from the bottom of the infiltration system to the seasonal high groundwater must be at least 10 feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. e) The infiltration systems must be located at least 100 feet horizontally from any water supply wells. f) Infiltration systems must not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or more daily traffic) automotive repair shops; car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities54 g) Within 18 months of adoption of this order, the principal permittee shall develop a pilot program to monitor the impact of groundwater infiltration systems on the quality of groundwater. This monitoring program may be conducted by: (1) analyzing the quality of the runoff prior to infiltration; (2) by monitoring the quality of the infiltrate through the vadose zone; or (3) by monitoring groundwater quality upstream and downstream of the infiltration systems. The results of the pilot study shall be submitted with the next annual report. 6. By November 22, 2010, the principal permittee shall develop recommendations for streamlining regulatory agency approval of regional treatment control BMPs. 54This restriction applies only to sites that are known to have soil and/or groundwater water contamination. Recent studies by the Los Angeles and San Gabriel Watershed Council of Storm Water Recharge has shown that there is no statistically significant degradation of groundwater quality from the infiltration of storm water -borne constituents. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 53 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The recommendations should include information needed to be submitted to the Regional Board for consideration of regional treatment control BMPs. At a minimum, it should include: BMP location; type and effectiveness in removing pollutants of concern; projects tributary to the regional treatment system; engineering design details; funding sources for construction, operation and maintenance; and parties responsible for monitoring effectiveness, operation and maintenance. 7. The permittees shall require non-priority development projects to document, via a WQMP or similar mechanism, site design, source control and any other BMPS which may or may not include treatment control BMPs. C. LOW IMPACT DEVELOPMENT TO CONTROL POLLUTANTS IN URBAN RUNOFF FROM NEW DEVELOPMENT/SIGNIFICANT REDEVELOPMENT: 1. Within 12 months of adoption of this order, the permittees shall update the model WQMP to incorporate LID principles (as per Section XII.C) and to address the impact of urbanization on downstream hydrology (as per Section XII.D) and a copy of the updated model WQMP shall be submitted for review and approval by the Executive Officer 55. As provided in Section XII.J, 90 days after approval of the revised model WQMP, priority development projects shall implement LID principles described in this section, Section XII.C. To the extent that the Executive Officer has not approved the feasibility criteria by May 22, 2011, as provided in Section XII.E.1, the infeasibility of implementing LID BMPs shall be determined through project specific analyses, each of which shall be submitted to the Executive Officer, 30 days prior to permittee approval. 2. The permittees shall reflect in the WQMP and otherwise require that each priority development project infiltrate, harvest and re -use, evapotranspire, or bio- treat5 the 85t percentile storm event ("design capture volume"), as specified in Section XI1.B.4.A.1, above. Any portion of the design capture volume that is not infiltrated, harvested and re -used, evapotranspired or bio -treated 57 onsite by LID BMPs shall be treated and discharged in accordance with the requirements set forth in Section XII.C.7 and/or Section XII.E, below. 55 The Executive Officer shall provide members of the public with notice and at least a 30 -day comment opportunity for all documents submitted in accordance with this order. If the Executive Officer, after considering timely submitted comments, concludes that the document is adequate or adequate with specified changes, the Executive Officer may approve the document or present it to the Board for its consideration at a regularly scheduled and noticed meeting. If there are significant issues that cannot be resolved by the Executive Officer, the document will be presented to the Board for its consideration at a regularly scheduled meeting. 56 A properly engineered and maintained bio -treatment system may be considered only if infiltration, harvesting and reuse and evapotranspiration cannot be feasibly implemented at a project site (feasibility criteria will be established in the model WQMP [Section XII.C.1] and the technically -based feasibility criteria [Section XII.E.1]). Specific design, operation and maintenance criteria for bio -treatment systems shall be part of the model WQMP that will be produced by the permittees. 57 For all references to bio-treat/bio-treatment, see footnote 56. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 54 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 3. The permittees shall incorporate LID site design principles to reduce runoff to a level consistent with the maximum extent practicable standard during each phase of priority development projects. The permittees shall require that each priority development project include site design BMPs during development of the preliminary and final WQMPs. The design goal shall be to maintain or replicate the pre -development hydrologic regime through the use of design techniques that create a functionally equivalent post -development hydrologic regime through site preservation techniques and the use of integrated and distributed micro -scale storm water infiltration, retention, detention, evapotranspiration, filtration and treatment systems as close as feasible to the source of runoff. Site design considerations shall include, but not be limited to: a) Limit disturbance of natural water bodies and drainage systems; conserve natural areas; preserve trees; minimize compaction of highly permeable soils; protect slopes and channels; and minimize impacts from storm water and urban runoff on the biological integrity of natural drainage systems and water bodies; b) Minimize changes in hydrology and pollutant loading; require incorporation of controls, including structural and non-structural BMPs, to mitigate the projected increases in pollutant loads and flows; ensure that post - development runoff durations and volumes from a site have no significant adverse impact on downstream erosion and stream habitat; minimize the quantity of storm water directed to impermeable surfaces and the MS4s; minimize paving, minimize runoff by disconnecting roof leader and other impervious areas and directing the runoff to pervious and/or landscaped areas, minimize directly connected impervious areas; design impervious areas to drain to pervious areas; consider construction of parking lots, walkways, etc., with permeable materials; minimize pipes, culverts and engineered systems for storm water conveyance thereby minimizing changes to time of concentration on site; utilize rain barrels and cisterns to collect and re -use rainwater; maximize the use of rain gardens and sidewalk storage; and maximize the percentage of permeable surfaces distributed throughout the site's landscape to allow more percolation of storm water into the ground; c) Preserve wetlands, riparian corridors, vegetated buffer zones and establish reasonable limits on the clearing of vegetation from the project site; d) Use properly designed and well maintained water quality wetlands, bio - retention areas, filter strips and bio -filtration swales; consider replacing curbs gutters and conventional storm water conveyance systems with bio- treatment systems, where such measures are likely to be effective and technically and economically feasible; e) Provide for appropriate permanent measures to reduce storm water pollutant loads in storm water from the development site; f) Establish development guidelines for areas particularly susceptible to erosion and sediment loss; Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 55 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff g) Implement effective education programs to educate property owners to use pollution prevention measures and to maintain on-site hydrologically functional landscape controls; and h) During the early planning stages of a project, the LID principles shall be considered to address pollutants of concern identified in the Watershed Action Plans and TMDL Implementation Plans, and the LID BMPs shall be incorporated into the sites conceptual WQMP. 4. The selection of LID principles shall be prioritized in the following manner (from highest to the lowest priority): (1) Preventative measures (these are mostly non- structural measures, e.g., preservation of natural features to a level consistent with the maximum extent practicable standard; minimization of runoff through clustering, reducing impervious areas, etc.) and (2) Mitigation (these are structural measures, such as, infiltration, harvesting and reuse, bio -treatment, etc. The mitigation or structural site design BMPs shall also be prioritized (from highest to lowest priority): (1) Infiltration (examples include permeable pavement with infiltration beds, dry wells, infiltration trenches, surface and sub -surface infiltration basins. All infiltration activities should be coordinated with the groundwater management agencies, such as the Orange County Water District); (2) Harvesting and Re -use (e.g., cisterns and rain barrels); and (3) Bio -treatment such as bio-filtration/bio-retention. 5. Even though the LID principles are universally applicable, there could be constraining factors, such as: soil conditions, including soil compaction, saturation (e.g., hydric soils) and permeability, groundwater levels, soil and/or groundwater contaminants (Brownfield developments), space restrictions (in -fill projects, redevelopment projects, high density development, transit -oriented developments), naturally occurring contaminants (e.g., selenium in the soil and the groundwater in the Newport Bay Watershed), etc. In such cases, the LID principles could be integrated into other programs, such as: Smart Growth 58, New Urbanism59 or regional or sub -watershed management approaches. Also see Section E, below, for alternatives and in -lieu programs. 6. The LID BMPs shall be designed to mimic pre -development site hydrology through technically and economically feasible preventive and mitigative site design techniques. LID combines hydrologically functional site design with pollution prevention methods to compensate for land development impact on hydrology and water quality. 58 Smart Growth refers to the use of creative strategies to develop ways that preserve natural lands and critical environmental areas, protect water and air quality, and reuse already -developed land. 59 New Urbanism is somewhat similar to Smart Growth and is based on principles of planning and architecture that work together to create human -scale, walkable communities that preserve natural resources. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 56 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 7. If site conditions do not permit infiltration, harvesting and re -use, and/or evapotranspiration, and/or bio -treatment of the design capture volume at the project site as close to the source as possible, the alternatives discussed below should be considered and the credits and in -lieu programs discussed under Section E, below, may be considered: a. Implement LID principles at the project site. This is the preferred approach. For example, in a single family residential development: connect roof drains to a landscaped area, divert driveway runoff to a vegetated strip and minimize any excess runoff generated from the development. The pervious areas to which the runoff from the impervious areas are connected should have the capacity to infiltrate, harvest, evapotranspire and/or bio -treat and re- use at least the design capture volume. b. Implement as many LID principles as possible at the project site close to the point of storm water generation and infiltrate and/or harvest and re -use at least the design capture volume through designated infiltration/treatment areas elsewhere within the project site. For example, at a condominium development: connect the roof drains to landscaped areas, construct common parking areas with pervious asphalt with a sub -base of rocks or other materials to facilitate percolation of storm water, direct road runoff to curbless, vegetated sidewalks. The pervious areas which receive runoff from impervious areas should have the capacity to infiltrate, harvest and re -use, evapotranspire and/or bio -treat at least the design capture volume. c. Implement LID on a sub -regional basis. For example, at a 100 unit high density housing unit with a small strip mall and a school: connect all roof drains to vegetated areas (if there are any vegetated areas, otherwise storm water storage and reuse may be considered or else divert to the local storm water conveyance system, to be conveyed to the local treatment system), construct a storm water infiltration gallery below the school playground to infiltrate and/or harvest and re -use the design capture volume. The pervious areas to which the runoff from the impervious areas are connected should have the capacity to infiltrate, harvest and re -use, evapotranspire and/or bio - treat at least the design capture volume. (Also see discussion on hydrologic conditions of concern, below.) d. Implement LID on a regional basis. For example, several developments could propose a regional system to address storm water runoff from all the participating developments. The pervious areas to which the runoff from the impervious areas are connected should have the capacity to infiltrate, harvest and re -use, evapotranspire and/or bio -treat at least the design capture volume from the entire tributary area. (Also see discussion on hydrologic conditions of concern, below.) Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 57 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff D. HYDROLOGIC CONDITIONS OF CONCERN (HYDROMODIFICATION60) 1. Each priority development project shall be required to ascertain the impact of the development on the site's hydrologic regime and include the findings in the WQMP, including the following for a two-year frequency storm event: a) Increases in runoff volume; b) Decreases in infiltration; c) Changes in time of concentration; d) Potential for increases in post development downstream erosion; and, e) Potential for adverse downstream impacts on physical structure, aquatic and riparian habitat. 2. The project does not have a hydrologic condition of concern if any one of the following conditions is met: a) The volumes and the time of concentration of storm water runoff for the post - development condition do not significantly exceed those of the pre - development condition for a two-year frequency storm event (a difference of 5% or less is considered insignificant). This may be achieved through site design and source control BMPs. b) All downstream conveyance channels that will receive runoff from the project are engineered, hardened and regularly maintained to ensure design flow capacity, and no sensitive stream habitat areas will be affected. c) The site infiltrates at least the runoff from a two-year storm event. The permittees may request for a variance from these criteria, based on studies conducted by the Storm Water Monitoring Coalition, Southern California Coastal Water Research Project, or other regional studies. Requests for consideration of any variances should be submitted to the Executive Officer. 3. If a hydrologic condition of concern exists, then the WQMP shall include an evaluation of whether the project will adversely impact downstream erosion, sedimentation or stream habitat. This evaluation should include a hydrograph with pre- and post -development time of concentration for a 2 -year frequency storm event. If the evaluation determines adverse impacts are likely to occur, the project proponent shall implement additional site design controls, on-site management controls, structural treatment controls and/or in -stream controls to mitigate the impacts. The project proponent should first consider site design controls and on-site controls prior to proposing in -stream controls; in -stream controls must not adversely impact beneficial uses or result in sustained degradation of water quality of the receiving waters. 60 Hydromodification is the alteration of natural flow characteristics. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 58 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 4. The project proponent may also address hydrologic conditions of concern by mimicking the pre -development hydrograph with the post -development hydrograph, for a two year return frequency storm. Generally, the hydrologic conditions of concern are not significant, if the post -development hydrograph is no more than 10% greater than pre -development hydrograph. In cases where excess volume cannot be infiltrated or captured and reused, discharge from the site must be limited to a flow rate no greater than 110% of the pre -development 2 -year peak flow. 5. The permittees shall address the hydrologic conditions of concern on a watershed basis by preparing a Watershed Master Plan as described below: The Watershed Master Plans shall integrate water quality, hydromodification, water supply, and habitat for the following watersheds: Coyote Creek -San Gabriel River; Anaheim Bay -Huntington Harbour; Santa Ana River; and Newport Bay -Newport Coast. Components of the Plan shall include: (1) maps to identify areas susceptible to hydromodification including downstream erosion, impacts on physical structure, impacts on riparian and aquatic habitats and areas where storm water and urban runoff infiltration is possible and appropriate; and, (2) a hydromodification model to make available as a tool to enable proponents of land development projects to readily select storm water preventive and mitigative site BMP measures. The maps and a model Plan for one watershed shall be prepared by May 22, 2011. The model Plan should specify hydromodification management standards for each sub -watershed and provide assessment tools. In the preparation of the model Plan, the permittees are encouraged to use currently available information from other sources such as: (1) Orange County Flood Control Master Plan; (2) Irvine Ranch Water District's Natural Treatment System Master Plan; (3) Orange County Watershed Plans; (4) Nutrient and Selenium Management Program; (5) TMDL and 303(d) Listing information from the U.S. EPA and/or the Regional Board, and (6) and water districts. The model Watershed Master Plan shall be submitted to the Executive Officer for approval. Watershed Master Plans shall be completed for all watersheds 24 months after approval of the model Watershed Master Plan. The Watershed Master Plans shall be designed to meet applicable water quality standards and the Federal Clean Water Act. E. ALTERNATIVES AND IN -LIEU PROGRAMS 1. Within 12 months of adoption of this order, the principal permittee, in collaboration with the co -permittees, shall develop technically -based feasibility criteria for project evaluation to determine the feasibility of implementing LID BMPs (feasibility to be based in part, on the issues identified in Section XII.C). This plan shall be submitted to the Executive Officer for approval. Only those projects that have completed a vigorous feasibility analysis as per the criteria developed by the permittees and approved by the Executive Officer should be considered for alternatives and in -lieu programs. If a particular BMP is not technically feasible, other BMPs should be implemented to achieve the same level of compliance, or if the cost of BMP implementation greatly outweighs the Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 59 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff pollution control benefits, a waiver of the BMPs may be granted. All requests for waivers, along with feasibility analysis including waiver justification documentation, must be submitted to the Executive Officer in writing, 30 days prior to permittee approval. 2. The permittees may collectively or individually propose to establish an urban runoff fund to be used for urban water quality improvement projects within the same watershed that is funded by contributions from developers granted waivers. The contributions should be at least equivalent to the cost savings for waived projects and the urban runoff fund shall be expended for water quality improvement or other related projects approved by the Executive Officer within two years of receipt of the funds. If a waiver is granted and an urban runoff fund is established, the annual report for the year should include the following information with respect to the urban runoff fund: a) Total amount deposited into the funds and the party responsible for managing the urban runoff fund; b) Projects funded or proposed to be funded with monies from the urban runoff fund; c) Party or parties responsible for design, construction, operation and maintenance of urban runoff funded projects; and d) Current status and a schedule for project completion. 3. The obligation to install structural treatment control BMPs at a new development is met if, for a common plan of development, BMPs are constructed with the requisite capacity to serve the entire common project, even if certain phases of the common project may not have BMP capacity located on that phase in accordance with the requirements specified above. The goal of the WQMP is to develop and implement practicable programs and policies to minimize the effects of urbanization on site hydrology, urban runoff flow rates, velocities and pollutant loads. This goal may be achieved through watershed -based structural treatment controls, in combination with site-specific BMPs. All treatment control BMPs should be located as close as possible to the pollutant sources, should not be located within waters of the US, and pollutant removal should be accomplished prior to discharge to waters of the US. Regional treatment control BMPs shall be operational prior to occupation of any of the priority project sites tributary to the regional treatment BMP. 4. The permittees may establish a water quality credit system for alternatives to infiltration, harvesting and reuse, evapotranspiration, and other LID BMPs and hydromodification requirements specified above. A summary of any waivers of LID, hydromodification and treatment control BMPs should be included in the annual report for each year. Any credit system that the permittees establish should be submitted to the Executive Officer for review and approval. The following types of projects may be considered for the credit system: Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 60 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff a) Redevelopment projects that reduce the overall impervious footprint b) Brownfield redevelopment c) High density developments (>7 units per acre) d) Mixed use and transit -oriented development (within Y2 mile of transit) e) Dedication of undeveloped portions of the project to parks, preservation areas and other pervious uses f) Regional treatment systems with a capacity to treat flows from all upstream developments g) Contribution to an urban runoff fund (see 1, above) h) Offsite mitigation or dedications within the same watershed i) City Center area j) Historic Districts and Historic Preservation areas k) Live -work developments 1) In -fill projects F. APPROVAL OF WQMPs 1. The permittees shall utilize a mechanism for review and approval of WQMPs, including a checklist that incorporates the minimum requirements from the model WQMP. 2. The permittees shall maintain a database to track all structural treatment control BMPs, including the location of BMPs, parties responsible for construction, operation and maintenance (also see 1.3, below). 3. The permittees shall train those involved with WQMP reviews in accordance with Section XVI, Training Requirements. G. FIELD VERIFICATION OF BMPS 1. The permittees shall establish and implement a mechanism (a checklist or other tools) to verify that treatment control BMPs are designed and constructed in accordance with the approved WQMP. 2. Prior to occupancy of each priority development project, the permittees shall field verify that the site design, source control and treatment control BMPs have been implemented in accordance with the approved WQMP. 3. Prior to occupancy, the permittees shall verify through visual observation, that the BMPs are operating and functional. 4. The permittees may accept self -certification or third -party certification of BMPs from State licensed professional engineers. H. CHANGE OF OWNERSHIP AND RECORDATION Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 61 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The permittees shall establish a mechanism not only to track treatment control BMPs, but also to ensure that appropriate easements and ownerships are properly recorded in public records at the County and/or the city and the information is conveyed to all appropriate parties when there is a change in project or site ownership. I. OPERATION AND MAINTENANCE OF POST -CONSTRUCTION BMPS The permittees shall ensure that all structural treatment control BMPs are designed and implemented with control measures necessary to effectively minimize the creation of nuisance or pollution associated with vectors, such as mosquitoes, rodents, flies, etc. The permittees should consult the Orange County Vector Control District to ensure that structural treatment control systems are designed to minimize the potential for vector breeding. The operation and maintenance plans for all post -construction structural treatment controls should include specific vector control mitigation measures to avoid and/or minimize vector breeding. 2. The permittees shall specify conditions of approval that require proper maintenance and operation of all structural treatment control BMPs installed in new developments, including requirements for vector control. The parties responsible for the long-term maintenance and operation of the structural treatment control BMPs for the life of the project and a funding mechanism for operation and maintenance, shall be identified prior to approval of the WQMP. 3. The permittees shall develop a database with information regarding each structural treatment control BMP installed after adoption of this order. At a minimum, it should include: type of BMP, watershed where it is located, date of construction, party responsible for maintenance, source of funding for operation and maintenance, maintenance verification, and any problems identified during inspections including any vector or nuisance problems. If vector or nuisance problems are identified, the site should be referred to the Orange County Vector Control District. The permittees should work with the Vector Control District to remedy the problems associated with vectors. 4. The annual report shall include a list of all structural treatment control BMPs approved, constructed and/or operating within each permittee's jurisdiction. 5. Within 12 months of adoption of this order and annually thereafter, all public agency structural treatment control BMPs, and at least 25% of priority development project structural treatment control BMPs, shall be inspected prior to the rainy season. All structural treatment control BMPs shall be inspected within every four year period. The permittees shall ensure that the BMPs are operating and are maintained properly and all control measures are working effectively to remove pollutants in runoff from the site. All inspections shall be documented and kept as permittee record. The permittees may accept inspections conducted and certified by state licensed professional engineers in lieu of permittee inspections. J. PRE -APPROVED PROJECTS Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 62 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The above provisions for LID and hydrologic conditions of concern are not applicable to projects that have an approved Water Quality Management Plan. The above provisions shall be implemented in a manner consistent with the maximum extent practicable standard for all other projects 90 days from the date of approval of the revised model WQMP (per Section XII.C.1). The Regional Board recognizes that full implementation may not be feasible for certain projects which have received tentative tract or parcel map or other discretionary approvals. XIII. PUBLIC EDUCATION AND OUTREACH 1. The permittees shall continue to implement the public education efforts already underway and shall implement the most effective elements of the comprehensive public and business education strategy contained in the Report of Waste Discharge/DAMP. By July 1, 2012, the permittees shall complete a public awareness survey to determine the effectiveness of the current public and business education strategy and any need for changes to the current multimedia public education efforts. The findings of the survey and any proposed changes to the current program shall be included in the annual report for 2011-2012. 2. The permittees shall sponsor or staff a storm water table or booth at community, regional, and/or countywide events to distribute public education materials to the public. Each permittee shall participate in at least one event per year. 3. The permittees shall continue to participate in the Public Education Committee to review and update existing guidance for the implementation of the public education program. The Public Education Committee shall meet at least twice per year. The Public Education Committee shall continue to make recommendations for any changes to the public and business education program including: how to make the multimedia efforts more effective; a reevaluation of audiences and key messages for targeted behaviors; and opportunities for participation in regional and statewide public education efforts. The goal of the public and business education program shall be to target 100% of the residents, including businesses, commercial and industrial establishments. Through use of local print, radio and television, the permittees must ensure that the public and business education program makes a minimum of 10 million impressions per year and that those impressions measurably increase the knowledge and measurably change the behavior of the targeted groups. 4. The permittees shall continue their outreach and other public education activities. Each permittee should try to reach the following sectors: manufacturing facilities; mobile service industry; commercial, distribution and retail sales industry; residential/commercial landscape construction and services industry; residential and commercial construction industry; and residential and community activities. Individual workshops (or regional workshops) for each of the aforementioned elements shall be administered by each permittee (or on a countywide basis) by July 1, 2010 and on an annual basis thereafter. Commercial and industrial facility inspectors shall distribute developed educational information (Fact Sheets) to these facilities during inspections. Further, for restaurant, automotive service centers and gasoline service station corporate chains, new information or that which has been previously developed shall Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 63 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff be provided to corporate environmental managers during outreach visits that should take place twice during the permit term. Some of these outreach activities could be conducted through the chamber of commerce or other similar establishments. The outcomes from all outreach requirements contained herein shall be reported in the applicable annual reports. 5. The permittees shall further develop and maintain public education materials to encourage the public to report illegal dumping and unauthorized, non -storm water discharges from residential, industrial, construction and commercial sites into public streets, storm drains and to surface waterbodies and their tributaries; clogged storm drains; faded or missing catch basin stencils and general storm water and BMP information. Hotline and web site information shall be included in the public and business education program and shall be listed in the governmental pages of all regional phone books and on the permittees' website. 6. Within 12 months from the date of adoption of this order, the permittees shall further develop and maintain BMP guidance for the control of those potentially polluting activities identified during the previous permit cycle, which are not otherwise regulated by any agency, including guidelines for the household use of fertilizers, pesticides, herbicides and other chemicals, and guidance for mobile vehicle maintenance, carpet cleaners, commercial landscape maintenance, and pavement cutting. These guidance documents shall be distributed to the public, trade associations, etc., through participation in community events, trade association meetings and/or by mail. 7. The principal permittee, in collaboration with the co -permittees, shall develop and implement a mechanism for public participation in the updating and implementation of the Drainage Area Management Plans, monitoring plans, Water Quality Management Plan guidance and Fact Sheets for various activities. The public shall be informed of the availability of these documents through public notices in local newspapers, County and/or city websites, local libraries/city halls and/or courthouses. XIV. MUNICIPAL FACILITIES/ACTIVITIES 1. The permittees shall continue to implement the Model Municipal Activities Program developed by the permittees for fixed facilities, field operations and drainage facilities to ensure that public agency facilities and activities do not cause or contribute to a pollution or nuisance in receiving waters. By July 1 of each year, the permittees shall review all their activities and facilities to determine the need for any revisions to the facility inventories, prioritization, and maintenance programs. The annual report shall include the findings of this review and a schedule for any needed revisions. All revisions should consider a pollution prevention strategy to ensure that the public agency facilities and/or activities that are currently not required to obtain coverage under the State's general storm water permits reduce the discharge of pollutants into waters of the US to the maximum extent practicable. 2. The permittees shall continue to implement BMPs as per the Fact Sheets developed by the permittees for fixed facilities, field programs and drainage facilities for public agency and contract field operations and maintenance staff. A reporting of these activities shall be included in each annual report. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 64 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 3. The permittees shall conduct inspections of open channel systems at least on an annual basis and record the findings in the inspection forms developed by the permittees. At a minimum the following municipal areas should be inspected: a) Parking facilities; b) Flood management and storm water conveyance systems (open channels); c) Areas or facilities discharging directly to lagoons, the ocean, or environmentally sensitive areas such as 303(d) listed waterbodies and Areas of Special Biological Significance; and d) Municipal landfills, solid waste transfer facilities, land application sites, corporate yards, sewage collection and treatment facilities, parks and recreation facilities including golf courses, and airfields. 4. All applicable public agency staff shall be trained as specified under Section XVI. 5. In collaboration with the University of California Cooperative Extension and consistent with the Model Integrated Pest Management, Pesticide and Fertilizer Management Guidelines, the permittees shall: a) Conduct annual integrated pest management self -audits; b) Implement the Model Integrated Pest Management, Pesticide and Fertilizer Guidelines; c) Provide proper training to municipal and contract staff involved in the above activities; d) Within one year of adoption of this order, revise the LIP to include an integrated pest management program. 6. The permittees shall evaluate the need for any revisions to the Integrated Pest Management, Pesticide and Fertilizer Management Guidelines and determine the need for developing pesticide use indicators. 7. Within one year of adoption of this order, the principal permittee shall evaluate the effectiveness of debris booms and determine if additional debris booms are needed to address floatables in inland streams. This evaluation should also include an evaluation of other control measures such as more effective street sweeping program, litter control measures, and drain inlet screens and /or other inlet controls. 8. Within twelve months of adoption of this order, the principal permittee shall develop an intragency agreement with the County Integrated Waste Management Department to ensure that household solid and hazardous waste collection, transfer and disposal practices do not cause or contribute to a water quality problem. 9. The permittees shall ensure that their flood management processes and projects do not contribute pollutants to receiving waters to the MEP. 10. Each permittee shall examine opportunities to retrofit existing storm water conveyance systems and parks and other recreational areas with water quality protection measures, where feasible. The 2005 RBF Retrofit Study may be used by the principal permittee for a system -wide evaluation in lieu of each permittee conducting its own evaluation. Wthin 12 months of adoption of this order, the principal permittee shall submit a proposal for additional retrofit studies that incorporates opportunities for addressing any applicable TMDL implementation plans. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 65 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 11. The permittees shall continue to implement the established model maintenance procedure for drainage facilities (catch basins, storm drains inlets, open channels, etc.). Each permittee shall clean and maintain at least 80% of its drainage facilities on an annual basis, with 100% of the facilities included in a two-year period, using the model maintenance procedures developed by the permittees. Each permittee shall keep a record of its inspections, maintenance and cleaning activities, and overall quantity of waste removed. This record shall be included in the annual report. 12. The permittees shall determine whether a more aggressive maintenance frequency is necessary for the cleaning of drainage facilities, including catch basins, based on the data generated by the historic and ongoing inspections of these facilities. This program shall be based on a list of drainage facilities and prioritized on such factors as: proximity to receiving waters, receiving water beneficial uses and impairments of beneficial uses, historical pollutant types and loads from past inspections/cleanings and the presence of downstream regional facilities that would remove the types of pollutants found in the drainage facility. Using this list, the permittees shall revise clean out schedules and frequency and provide justification for any proposed clean out frequency that is less than once a year. This information shall be included in the annual report. 13. Within six months of adoption of this order, the permittees shall evaluate the applicability of the Model Municipal Activities Program to municipal maintenance contracts, contracts for field maintenance operations, and leases. The findings from the evaluation shall be included in the next annual report. 14. Each permittee shall implement control measures necessary to minimize infiltration of seepage from sanitary sewers to the storm drain systems through routine preventive maintenance of the storm drain system. The permittees who are also owners and/or operators of sewage collection systems shall also implement a routine maintenance program for the sewage collection systems in accordance with the State Board's Water Quality Order No. 2006-0003. Each permittee shall cooperate and coordinate with the sewage collection/treatment agencies (Orange County Sanitation District and/or Irvine Ranch Water District) to swiftly respond to and contain any sewage spills. XV. MUNICIPAL CONSTRUCTION PROJECTS/ACTIVITIES 1. This order authorizes the discharge of storm water runoff from construction projects that may result in land disturbance of one (1) acre or more (or less than one acre, if it is part of a larger common plan of development or sale which is one acre or more) that are under ownership and/or direct responsibility of any of the permittees. All permittee construction activities shall be in accordance with DAMP Sections 7 and 8. 2. All construction activities shall be in compliance with the latest version of State's General Permit for Storm Water Discharges Associated with Construction Activities except that an NOI need not be filed with the State Board. 3. Prior to commencement of construction activities, the permittees shall notify the Executive Officer of the Regional Board concerning the proposed construction project. Upon completion of the construction project, the Executive Officer shall be notified of the completion of the project. 4. The permittees shall develop and implement a storm water pollution prevention plan (SWPPP) and a monitoring program that is specific for the construction project greater Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 66 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff than one acre, prior to the commencement of any of the construction activities, except for routine maintenance activities. The SWPPP shall be kept at the construction site and released to the public and/or Regional Board staff upon request. 5. The SWPPP (and any other plans and programs required under the General Permit) and the monitoring program for the construction projects shall be consistent with the requirements of the latest version of the State's General Construction Permit. 6. The permittees shall give advance notice to the Executive Officer of the Regional Board concerning any planned changes in the construction activity, which may result in non- compliance with the latest version of the State's General Construction Permit. XVI. TRAINING PROGRAM FOR STORM WATER INSPECTORS AND MUNICIPAL CONTRACTORS 1. Within 12 months from the date of adoption of this order, the principal permittee, in coordination with the co -permittees, shall develop a training program including a training schedule, curriculum content, and defined expertise and competencies for storm water managers, inspectors, maintenance crew, those involved in the review and approval of WQMPs, public works employees, community planners and for those preparing and/or reviewing CEQA documentation and for municipal contractors. 2. The curriculum content should include: federal, state and local water quality laws and regulations as they apply to construction and grading activities, industrial and commercial activities; the potential effects of construction, industrial and commercial activities and urbanization on water quality; implementation and maintenance of erosion control and pollution prevention measures and sediment control BMPs; the proper use and maintenance of erosion and sediment controls; the enforcement protocols and methods established in the Drainage Area Management Plan, Local Implementation Plan, the Construction Runoff Guidance Manual, Enforcement Consistency Guide and Illicit Discharge/Illegal Connection Training Program. Each permittee may develop its own training program curriculum consistent with the general principles discussed in this and the next paragraph. The training program should be coordinated with the Orange County Vector Control District to insure that vector control issues related to post - construction BMPs are incorporated into the training curriculum. 3. The training modules for each category of trainees (managers, inspectors, planners, contractors, public works crew, etc.) should define the required competencies, outline the curriculum, a testing or other procedure at the end of the training program to determine that the trainees have acquired the requisite knowledge in the storm water program to carry out their duties and proof of completion of training, such as Certificate of Completion, attendance sheets or other proof that training has been completed. . 4. At least every two years, the principal permittee shall provide and document training to applicable public agency staff on Fixed Facility Model Maintenance Procedure, Field Program Model Training and Drainage Facility Model Maintenance Training. The field program training should include Model Integrated Pest Management, Pesticide and Fertilizer Guidelines. Each permittee shall attend at least three of these training sessions during the term of this permit. The training sessions may be conducted in classrooms or using videos, DVDs, or other multimedia with appropriate documentation and a final test to verify that the material has been properly reviewed and understood. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 67 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The permittees have the option to develop and conduct their own training program as indicated in Paragraph 2, above. 5. The principal permittee shall conduct and document public employee training for model environmental review, and on how to conduct public/business education for preparation of environmental documents. The permittees have the option to develop and conduct their own training program as indicated in Paragraph 2, above. 6. The principal permittee shall provide BMP and training information to municipal contractors to assist the contractors in training their staff. In instances where applicable municipal operations are performed by contract staff, the permittees shall require evidence that contract staff have received a level of training equivalent to that listed above. The permittees have the option to develop and conduct their own training program as indicated in Paragraph 2, above. 7. The principal permittee shall notify designated Regional Board staff via e-mail at least 30 days prior to conducting any of these training sessions. 8. Each permittee shall have adequately trained all its staff involved with storm water related projects within 60 days from being assigned these duties and on an annual basis thereafter, prior to the rainy season. 9. Each permittee shall maintain a written record of all training provided to its storm water and related program staff. XVII. NOTIFICATION REQUIREMENTS 1. Within 24 hours of discovery, each permittee shall provide oral or e-mail notification to Regional Board staff of non-compliant sites within its jurisdiction that are determined to pose imminent threat to human health or the environment (e.g., sewage spills that could impact water contact recreation, an oil spill that could impact wildlife, a hazardous substance spill where residents are evacuated, etc.). Following oral or email notification, a written report must be submitted to the Regional Board office within 5 business days, detailing the nature of the non-compliance, any corrective action taken by the site owner, other relevant information (e.g., past history of non-compliance, environmental damage resulting from the non-compliance, site owner responsiveness) and the type of enforcement that will be carried out by the permittee. Further, incidences of non-compliance shall be recorded along with the information noted in the written report and the final outcome/enforcement for the incident in the databases for construction, industrial and commercial inspections61 2. At a minimum, all sewage spills above 1,000 gallons and all reportable quantities of hazardous waste spills as per 40CFR 117 and 302 shall be reported within 24 hours. All spill incidents shall be also included in the annual report. The permittees may propose a reporting program, including reportable incidents and quantities, jointly with other agencies, such as the County Health Care Agency, for approval by the Executive Officer. 6' The reporting schedule may be revised with the approval of the Executive Officer. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 68 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff XVIII. WATERSHED ACTION PLANS AND TMDL IMPLEMENTATION A. IMPAIRED WATERBODIES WITH NO TMDLS 1. The principal permittee, in collaboration with the co -permittees, shall develop Watershed Action Plans for areas where such a Plan has not been developed. Existing Watershed Action Plans and those under development shall be updated as new TMDLs are approved by the Regional Board. 2. Each Watershed Action Plan shall identify impaired waters [CWA § 303(d) listed], pollutants causing impairment, monitoring programs for these pollutants, control measures, including any BMPs that the permittees are currently implementing, and any BMPs that the permittees are proposing to implement. All construction sites that are adjacent to (within 200 feet) or discharging directly to a waterbody listed for sediments or turbidity shall be treated as high priority sites. In selecting control measures, the listed pollutants shall be treated as primary pollutants of concern and these pollutants shall be addressed through source control, site design, pollution prevention and structural treatment control BMPs. B. WATERBODIES WITH TECHNICAL TMDLS (NO IMPLEMENTATION PLANS) 1. As required under a consent decree, in 2002, the EPA promulgated technical TMDLs for toxic pollutants in San Diego Creek and Newport Bay, including metals, organochlorine compounds, selenium and organophosphate pesticides. EPA and the Los Angeles Regional Water Quality Control Board established technical TMDLs for metals in Coyote Creek. Technical TMDLs do not include implementation plans or compliance schedules. 2. In collaboration with stakeholders, Regional Board staff are developing revised TMDLs that are expected to supplant the toxics TMDLs promulgated by EPA for the Newport watershed. The TMDLs will include implementation plans and compliance schedules. Implementation plans for the Coyote Creek TMDLs are also being developed. 3. In summary, work related to the following established TMDLs is ongoing: a) Metals (San Diego Creek and Newport Bay (including Rhine Channel)) b) Metals (Mercury, Chromium) (Rhine Channel) c) Organochlorine compounds (San Diego Creek and Newport Bay; also see Paragraphs 5 and 6, below) d) Selenium (San Diego Creek and Newport Bay) e) Copper, lead and zinc (Coyote Creek, TMDL developed by the EPA and the Los Angeles Regional Water Quality Control Board for wet weather) f) Copper (Coyote Creek, TMDL developed by the EPA and the Los Angeles Regional Water Quality Control Board for dry weather) 4. The permittees in the Newport Watershed shall comply with the wasteload allocations specified in the established TMDLs and shown in Tables 1 A/B/C, 2 A/B/C/D and 3. These wasteload allocations shall remain in effect unless and Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 69 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff until alternative wasteload allocations are established in TMDLs approved by the Regional Board, State Board, Office of Administrative Law and EPA. Tables 1 A/B/C/D — Urban Runoff Waste Load Allocations for Metals (TMDLs promulgated by U.S. EPA)61 A- San Diego Creek and Tributaries — Concentration based TMDI B- Newport Bay Cd - Cu Base flows (<20 cfs) Hardness- 400 m /L Small flows (21-181 cfs) Hardness- 322 m /L Med. flows (182-815 cfs) Hardness- 236 m /L Large Flows (>815 cfs) Hardness -197 m /L 1174,057 lbs/yr Acute Chronic Acute Chronic Acute Chronic Acute Cd (ug/L) 19.1 6.2 15.1 5.3 10.8 4.2 8.9 Cu (ug/L) 50 29.3 40 24.3 30.2 18.7 25.5 Pb (ug/L) 281 10.9 224 8.8 162 6.3 134 Zn (ug/L) 379 382 316 318 243 244 208 B- Newport Bay Cd - Cu Pb I Zn 9,589 lbs/yr 3,403 lbs/yr 117,638 lbs/ r 1174,057 lbs/yr (Applies to Upper Bay only, estimated as 40% of Newport Bay volume) C- Rhine Channel Mercury H Chromium (Cr) 0.0171k/r Chronic 5.66k/r D- Concentration -based Dissolved Metal TMDLs, WLAs and LAs for Newport Bav (Applies to Upper Bay only, estimated as 40% of Newport Bay volume). 62 From Total Maximum Daily Loads For Toxic Pollutants San Diego Creek and Newport Bay, California, U.S. EPA — Region 9, established June 14, 2002. Dissolved saltwater TMDLs and allocations which apply to direct discharges to the bay, including storm drains/channels and metals loading associated with boats Acute Chronic Cdr (ug/L) 42 9.3 Cu (ug/L) 4.8 3.1 Pb (ug/L) 210 8.1 Zn (ug/L) 90 81 (Applies to Upper Bay only, estimated as 40% of Newport Bay volume). 62 From Total Maximum Daily Loads For Toxic Pollutants San Diego Creek and Newport Bay, California, U.S. EPA — Region 9, established June 14, 2002. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 70 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Tables 2 A/B/C/D — Urban Runoff Waste Load Allocations for Organochlorine Compounds (TMDLs promulgated by U.S. EPA)61 A- San Diego Creek and Tributaries Total DDT Chlordane Dieldrin PCBs Toxaphene 302.8 g/yr 220.3 g/yr 183.4 g/yr 177.7 g/yr 6.2 g/yr B- Upper Newport Bay Total DDT Chlordane PCBs 207.4 g/yr 120.5 g/yr 609.7 g/yr C — Lower Newport Bay Total DDT Chlordane Dieldrin PCBs 76.3 g/yr 12.6 g/yr 4.45 g/yr 303.3 g/yr D — Rhine Channel Table 3 — Urban Runoff Waste Load Allocation for Selenium — San Diego Creek and Tributaries (TMDL promulgated by U.S. EPA)64 Base flows <20 cfs Total DDT Chlordane Dieldrin PCBs WLA 10.7 g/yr 0.1 g/yr 0.13 g/yr 4.1 g/yr Table 3 — Urban Runoff Waste Load Allocation for Selenium — San Diego Creek and Tributaries (TMDL promulgated by U.S. EPA)64 Base flows <20 cfs Small flows 21-181 cfs Med. flows 182-814 cfs Large Flows >814 cfs 0.4 lbs/yr 1.0 lbs/yr 1.0 lbs/yr 5.3 lbs/yr 5. The Regional Board adopted TMDLs, including an implementation plan, for organochlorine compounds in September 2007. These TMDLs must be submitted for approval by the State Board, Office of Administrative Law and EPA. These TMDLs have not yet been submitted to the State Board for its approval. However, stakeholders in the watershed are already taking steps to implement the TMDLs through a Toxicity Reduction and Investigation Program (TRIP) that will address the organochlorine compounds and other toxic pollutants, including metals, in the Newport Bay watershed. These TMDLs will become effective upon approval by the State Board and Office of Administrative 63 From Total Maximum Daily Loads For Toxic Pollutants San Diego Creek and Newport Bay, California, U.S. EPA — Region 9, established June 14, 2002. 64 From Total Maximum Daily Loads For Toxic Pollutants San Diego Creek and Newport Bay, California, U.S. EPA — Region 9, established June 14, 2002. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 71 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Law but will not supplant the EPA organochlorine compounds TMDLs until they are approved by EPA. Accordingly, upon approval of the Regional Board - adopted organochlorine compounds TMDLs by the State Board and the Office of Administrative Law, the permittees shall comply with both the EPA and Regional Board wasteload allocations specified in Tables 2 A/B/C/D and Table 4, respectively. In accordance with the Regional Board TMDLs, compliance with the allocations specified in Table 4 shall be achieved as soon as possible but no later than December 31, 2015. Upon approval of the Regional Board -approved organochlorine compounds TMDLs by EPA, the applicable wasteload allocations shall be those specified in Table 4. Table 4 — Urban Runoff Waste Load Allocations for Organochlorine Compounds (TMDLs approved by Santa Ana Regional Water Quality Control Board)65 Total DDT Chlordane Total PCBs Toxaphene San Diego Creek 128.3 g/yr 1.9 g/yr Upper Newport Bay 51.8 g/yr 30.1 g/yr 29.8 g/yr Lower Newport Bay 19.1 g/yr 11.0 g/yr 78.1 g/yr 6. The organochlorine compounds are carried by fine sediment into the water column. Since the use of organochlorine pesticides has been banned, the levels of these compounds have been steadily decreasing in the watershed. The implementation plan requires monitoring to verify the decreasing trend and strict controls on sediment discharges. The stakeholders in the San Diego Creek/Newport Bay watershed have an established Regional Monitoring Program (RMP), and in early 2008, initiated the Toxicity Reduction and Investigation Program (TRIP) consistent with the Regional Board -approved implementation plan for the organochlorine compounds TMDLs. Recognizing the difficulties inherent in measuring the allocations presented in Table 4, the permittees shall evaluate the monitoring results with the targets shown in Tables 5A/B and determine the need for any additional control measures to achieve the targets. Monitoring shall be conducted at representative locations within San Diego Creek and Newport Bay and include water column, sediment and fish tissue monitoring. The permittees may use current monitoring locations. 65 From Resolution No. R8-2007-0024, Table NB -OCs -10. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 72 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Tables 5 A /B - Water Column Targets for Protection of Aquatic Life, Wildlife & Human Health ss A - San Dieao Creek and Tributaries B - UDDer and Lower Newport Bav Total DDT Total DDT Toxa hene Acute Criterion 1.1 /I 0.73 /I Chronic Criterion 0.001 pg/I 0.0002 pg/I Human Health Criterion 0.00059 pg/I 0.00075 pg/I B - UDDer and Lower Newport Bav Total DDT Chlordane Total PCBs Acute Criterion 0.13 /I 0.09 /I Chronic Criterion 0.001 /I 0.0004 /I 0.03 /I Human Health Criterion 0.00059 /I 0.00059 /l 0.00017 /I 7. Regional Board staff, in collaboration with the stakeholders, is developing TMDLs for metals and selenium that will include implementation plans and monitoring programs and that are intended to replace the EPA TMDLs. The permittees within the Newport Bay watershed shall continue to participate in the development and implementation of these TMDLs. This Order will be reopened to incorporate revised allocations based upon TMDLs, including implementation plans, for metals and selenium approved by the Regional Board, State Board and Office of Administrative Law. As for the organochlorine compounds, the EPA promulgated allocations for these constituents will also remain in effect unless and until EPA approves the Regional Board's TMDLs for these constituents. 8. Selenium is a naturally occurring element in the soil but its presence in surface waters in the Newport Bay watershed is largely the result of changes in the hydrologic regime as the result of extensive drainage modifications. Selenium -laden shallow and rising groundwater enters the storm water conveyance systems and flows into San Diego Creek and its tributaries. Groundwater inputs are the major source of selenium in San Diego Creek and Newport Bay. Currently, there are no economically and technically feasible treatment techniques to remove selenium from the water column. ss From Resolution No. R8-2007-0024, Table NB -OCs -4 Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 73 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff The stakeholders have initiated pilot studies to determine the most efficient methods for treatment and removal of selenium. Through the Nitrogen and Selenium Management Program, the watershed stakeholders are developing comprehensive selenium (and nitrogen) management plans, which are expected to form the basis, at least in part, for the selenium implementation plan (and a revised nutrient TMDL implementation plan). A collaborative watershed approach to implement the nitrogen and selenium TMDLs for San Diego Creek and Newport Bay is expected. A proposed Cooperative Watershed Program that will fulfill applicable requirements of the selenium TMDL implementation plan must be submitted by the stakeholders covered by this order within 24 months of adoption of this order, or one month after approval of the selenium TMDLs by OAL, whichever is later. The Program must be implemented upon Regional Board approval. As long as the stakeholders are participating in and implementing the approved Cooperative Watershed Program, they will not be in violation of this order with respect to the nitrogen and selenium TMDLs for San Diego Creek and Newport Bay. In the event that any of the stakeholders does not participate, or if the collaborative approach is not approved or fails to achieve the TMDLs, the Regional Board will exercise its option to issue individual waste discharge requirements or waivers of waste discharge requirements. 9. The permittees with discharges tributary to Coyote Creek or the San Gabriel River shall develop and implement a constituent -specific source control plan for copper, lead and zinc until a TMDL implementation plan is developed. The source control plan shall include a monitoring program and shall be completed within 12 months from the date of adoption of this order. The source control plan shall be designed to ensure compliance with the following wasteload allocations: Table 6 — Municipal Storm Water Wasteload Allocations - Coyote Creek 10. Within 12 months of adoption of this order, the principal permittee, in collaboration with the co -permittees with discharges to the San Gabriel River/Coyote Creek and/or their tributaries, shall develop a monitoring program to monitor dry weather (for copper) and wet weather (for copper, Copper Lead Zinc Dry Weather 0.941 kg/day Wet Weather 9.41 kg/day kg/day 36.9 kg/day kg/day 55.0 kg/day 10. Within 12 months of adoption of this order, the principal permittee, in collaboration with the co -permittees with discharges to the San Gabriel River/Coyote Creek and/or their tributaries, shall develop a monitoring program to monitor dry weather (for copper) and wet weather (for copper, Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 74 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff lead and zinc) flows in Coyote Creek. The monitoring results shall be evaluated against the following numeric targets: Table 7 — Numeric Targets - Coyote Creek (total recoverable metals) C. WATERBODIES WITH TMDL IMPLEMENTATION PLANS AND COMPLIANCE SCHEDULES BEYOND THE PERMIT TERM 1. The Regional Board adopted a TMDL implementation plan for fecal coliform bacteria in Newport Bay that included a compliance date for water contact recreation standards no later than December 30, 2013 (within the permit term), and with shellfish standards no later than December 30, 2019. The allocations are shown in the tables below. Table 8A — Fecal Coliform TMDL and Allocations for Newport Bay To be achieved no later than December 30, 2013 Urban Runoff Waste Copper Lead Zinc Dry Weather 67 3.7 /I Fecal Coliform Wet Weather 27 /I 106 /I 158 /I C. WATERBODIES WITH TMDL IMPLEMENTATION PLANS AND COMPLIANCE SCHEDULES BEYOND THE PERMIT TERM 1. The Regional Board adopted a TMDL implementation plan for fecal coliform bacteria in Newport Bay that included a compliance date for water contact recreation standards no later than December 30, 2013 (within the permit term), and with shellfish standards no later than December 30, 2019. The allocations are shown in the tables below. Table 8A — Fecal Coliform TMDL and Allocations for Newport Bay To be achieved no later than December 30, 2013 Urban Runoff Waste 5-Sample/30-days Geometric Mean less than 200 organisms/100 mL, Load Allocation for and not more than 10% of the samples exceed 400 organisms/100 mL Fecal Coliform for any 30- day period. Total Maximum 5-Sample/30-days Geometric Mean less than 200 organisms/100 mL, Daily Load for Fecal As soon as and not more than 10% of the samples exceed 400 organisms/100 mL Coliform possible, but no later than December December for any 30 -day period. Load Allocations for 5-Sample/30-days Geometric Mean less than 200 organisms/ 100 mL, Fecal Coliform in 30,2013for not more than 10% of the samples exceed 400 organisms/100 mL Agricultural Runoff, any 30 -day period. including stormwater, Discharges Load Allocations for 5-Sample/30-days Geometric Mean less than 200 organisms/100 mL, Fecal Coliform from and not more than 10% of the samples exceed 400 organisms/100 mL Natural Sources in for any 30 -day period. all Discharges In effect Allocations for 0 MPN/100 mL - No discharge. Vessel Waste 67 Based on saltwater CTR criterion in San Gabriel River estuary. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 75 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff Table 8B — Fecal Coliform TMDL and Allocations for Newport Bay Before December 30, 2019 Urban Runoff Waste Monthly Median less than 14 MPN/100 mL, and not more than 10% of Load Allocation for the samples exceed 43 MPN/100 mL. Fecal Coliform Total Maximum Monthly Median less than 14 MPN/100 mL, and not more than 10% of Daily Load for Fecal the samples exceed 43 MPN/100 mL. Coliform As soon as Load Allocations for possible, but Monthly Median less than 14 MPN/100 mL, and not more than 10% of Fecal Coliform in no later than the samples exceed 43 MPN/100 mL. Agricultural Runoff, December including 30, 2019 stormwater, Discharges Load Allocations for Monthly Median less than 14 MPN/100 mL, and not more than 10% of Fecal Coliform from the samples exceed 43 MPN/100 mL. Natural Sources in all Discharges Allocations for In effect 0 MPN/100 mL - No discharge. Vessel Waste The permittees shall comply with the wasteload allocations for urban runoff in Tables 8A and 8B in accordance with the deadlines in Tables 8A and 8B. Compliance determination for fecal coliform shall be based on monitoring conducted at representative sampling locations within San Diego Creek and Newport Bay. (The permittees may use the current sampling locations for compliance determination.) 2. The fecal coliform TMDL implementation plan includes a number of studies that are expected to inform possible revision of the TMDL, including the wasteload allocations for urban runoff and the implementation plan. The permittees shall revise the Watershed Action Plans to include implementation measures and schedules for further studies related to the TMDL for fecal coliform in Newport Bay, as set forth in the January 2000, March 2000 and April 2000 Newport Bay Fecal Coliform TMDL Technical Reports submitted by the permittees. The permittees within this watershed shall complete the ongoing source identification and characterization plan for urban runoff by December 31, 2009 and continue their participation in the studies and monitoring programs as specified in the implementation plan. Recommendations for an updated TMDL report and revisions to the fecal coliform TMDL shall be provided within twelve months of completion of the Source Identification and Characterization Investigation and Report submittal, as specified in the implementation plan. 3. The fecal coliform TMDL includes waste load allocations for storm water in urban runoff and load allocations in agricultural runoff. The University of California Cooperative Extension and Orange County Coastkeeper are working with the agricultural operators in the area to reduce runoff from their operations. Order No. RS -2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 76 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff D. WATERBODIES WITH TMDL IMPLEMENTATION PLANS AND COMPLIANCE SCHEDULES WITHIN THE PERMIT TERM 1. The Regional Board/EPA developed TMDLs for diazinon and chlorpyrifos in San Diego Creek and for chlorpyrifos in Newport Bay. The following allocations are included in the TMDLs (Tables 9A and 9B are extracted from the Implementation Plan 68). The permittees in the Newport Bay Watershed shall comply with the allocations in Tables 9 A and B. Table 9A Diazinon and Chlorpyrifos Allocations for San Dieao Creek* Category Diazinon (ng/1) Chlorp rifos (ng/1) Acute Chronic Acute Chronic Wasteload Allocation 72 45 18 12.6 Chronic means 4 -consecutive day average * Pursuant to the TMDLs, compliance with these allocations was achieved no later than December 1, 2007 Table 913 Chlorpyrifos Allocations for Upper Newport Bav* Category Acute (ng/1) Chronic (ng/) Wasteload allocation 18 8.1 Chronic means 4 -consecutive day average * Pursuant to the TMDLs, compliance with these allocations was achieved no later than December 1, 2007 The Regional Board adopted an implementation plan for these TMDLs. In accordance with the implementation plan, the Regional Monitoring Program was modified to include analysis for organophosphate pesticides and toxicity. The Regional Board also performed simulation studies to predict contaminant concentrations in the Bay. Based on the results of these studies, the Regional Board will reevaluate the TMDLs every three years. The permittees shall continue to participate in any additional monitoring that is needed to confirm that the permittees are in compliance with the allocations. Compliance determination for diazinon and chlorpyrifos for San Diego Creek shall be based on monitoring conducted at representative monitoring locations within San Diego Creek (the permittees may use current monitoring locations for this purpose). Compliance determination for chlorpyrifos for Upper Newport Bay shall be based on monitoring conducted at representative monitoring locations within Upper Newport Bay (the permittees may use current monitoring locations for this purpose). 68 Attachment to Resolution No. R8-2003-0039. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 77 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 2. The waste load allocations established in the nutrient TMDLs adopted by the Regional Board in 1998 for Newport Bay included 5, 10 and 15 year allocations. The overall allocations for 2012 have been met. Table 10 - Seasonal Load Allocations of Total Nitrogen for the Newport Bay Watershed (Urban Runoff)69 Table 11 - Annual Total Nitrogen Load Allocations for San Diego Creek, Reach 2 76 DuringNon-storm Conditions. - 2002 Summer 2007 Summer 2012 Nutrient 1990-1997 Allocation Allocation Winter Allocation TMDL Loading A r -Set 70(Apr-Sept) 71 Oct -Mar 72 Newport Bay lbs/year lbs/season TN lbs/season TN lbs/season TN Watershed TN 73,74 Urban runoff 277,131 20,785 16,628 55,442 5 year target 10 year target 15 year target Table 11 - Annual Total Nitrogen Load Allocations for San Diego Creek, Reach 2 76 DuringNon-storm Conditions. - 2012 Allocation lbs/day TN TMDL 14 lbs/day (TN) Waste Load Allocation (Urban runoff) 5.5 lbs/day (TN) 3. The permittees shall verify, through monitoring or other mechanisms, that they have met the following load allocations for phosphorous for urban runoff (recent ss From Attachment to Resolution No. 98-9 as amended by Resolution No. 98-100, Table 5- 9b.Compliance dates are as soon as possible but no later than December 31 of the years specified (Table 5-9a of Resolution No. 98-9, as amended). 70 Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with these targets when it is feasible and reasonable. 71 See previous footnote. 72 Total nitrogen winter loading limit applies between October 1 and March 31 when the mean daily flow rate at San Diego Creek at Campus Drive is below 50 cubic feet per second (cfs), and when the mean daily flow rate in San Diego Creek at Campus Drive is above 50 cubic feet per second (cfs), but not as the result of precipitation. Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with these targets when it is feasible and reasonable. Assumes 67 non -storm days. 73 TIN = (NO3+NH3). 74 TN = (TIN + Organic N). 75 Estimated annual average (summer and winter loading). 76 From Attachment to Resolution No. 98-9 as amended by Resolution No. 98-100, Table 5-9d. Total nitrogen loading limit applies when the mean daily flow rate at San Diego Creek at Culver Drive is below 25 cubic feet per second (cfs), and when the mean daily flow rate in San Diego Creek at Culver Drive is above 25 cubic feet per second (cfs), but not as the result of precipitation. 77 Compliance to be achieved no later than December 31, 2012. The Regional Board may require earlier compliance with these targets when it is feasible and reasonable. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 78 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff monitoring data indicate that these target load allocations have been already met). Table 12 - Annual Total Phosphorous Load Allocations For The Newport Bay Watershed 78 The permittees shall comply with the waste load allocations for urban runoff in Tables 10, 11 and 12 in accordance with the schedules in Tables 10, 11 and 12. Compliance determination for nutrients in San Diego Creek and Newport Bay shall be based on monitoring conducted at representative monitoring locations within San Diego Creek and Newport Bay. 4. The permittees shall meet the following target load allocations for sediment in urban runoff by implementing the BMPs contained in Sections 7 and 8 of the DAMP and the "March 1999 Technical Report on the Implementation of the TMDL for Sediment in the Newport Bay Watershed, the October 1999 Preliminary Sediment Load Allocation Analysis for San Diego Creek and Newport Bay, and the February 2000 Sediment Yield and Transport Investigation for San Diego Creek and Newport Bay". a) The load allocations for sediment discharges to Newport Bay from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year running annual average. b) The load allocations for sediment discharges to San Diego Creek and its tributaries from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year running annual average. Compliance determination for sediment in San Diego Creek and Newport Bay shall be based on monitoring conducted at San Diego Creek at Campus, starting from year 2000 and based on a 10 -year running average. The data from this monitoring is to be submitted annually on February 27. 78 From Attachment to Resolution No. 98-9 as amended by Resolution No. 98-100, Table 5-9c. Compliance dates are as soon as possible but no later than December 31 of the years specified (Table 5- 9a of Resolution No. 98-9, as amended). 79 Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with these targets when it is feasible and reasonable. 80 See previous footnote. 2002 Allocation lbs/year TP79 2007 Allocation lbs/year TP80 TMDL 86,912 62,080 Urban areas 4,102 12,960 The permittees shall comply with the waste load allocations for urban runoff in Tables 10, 11 and 12 in accordance with the schedules in Tables 10, 11 and 12. Compliance determination for nutrients in San Diego Creek and Newport Bay shall be based on monitoring conducted at representative monitoring locations within San Diego Creek and Newport Bay. 4. The permittees shall meet the following target load allocations for sediment in urban runoff by implementing the BMPs contained in Sections 7 and 8 of the DAMP and the "March 1999 Technical Report on the Implementation of the TMDL for Sediment in the Newport Bay Watershed, the October 1999 Preliminary Sediment Load Allocation Analysis for San Diego Creek and Newport Bay, and the February 2000 Sediment Yield and Transport Investigation for San Diego Creek and Newport Bay". a) The load allocations for sediment discharges to Newport Bay from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year running annual average. b) The load allocations for sediment discharges to San Diego Creek and its tributaries from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year running annual average. Compliance determination for sediment in San Diego Creek and Newport Bay shall be based on monitoring conducted at San Diego Creek at Campus, starting from year 2000 and based on a 10 -year running average. The data from this monitoring is to be submitted annually on February 27. 78 From Attachment to Resolution No. 98-9 as amended by Resolution No. 98-100, Table 5-9c. Compliance dates are as soon as possible but no later than December 31 of the years specified (Table 5- 9a of Resolution No. 98-9, as amended). 79 Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with these targets when it is feasible and reasonable. 80 See previous footnote. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 79 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 5. This order may be reopened to include additional requirements based on new or revised TMDLs. E. COMPLIANCE DETERMINATION WITH TMDLs AND BMP IMPLEMENTATION 1. Except for sediment TMDLs in San Diego Creek and Newport Bay, compliance determinations shall be based on monitoring within the receiving waters. For sediment TMDLs, compliance determination shall be based on monitoring in the Creek. 2. Based on the TMDLs, effluent limits have been specified to ensure consistency with the wasteload allocations. If the monitoring results indicate an exceedance of the wasteload allocations, the permittees shall reevaluate the current control measures and propose additional BMPs/control measures. This reevaluation and proposal for revisions to the current BMPs/control measures (revised plan) shall be submitted to the Executive Officer within 12 months of determining that an exceedance has occurred. Upon approval, the permittees shall immediately start implementation of the revised plan. XIX. PROGRAM MANAGEMENT/DAMP REVIEW By July 1 of each year, the permittees shall evaluate the DAMP to determine whether any revisions are necessary in order to reduce pollutants in MS4 discharges to the maximum extent practicable. In addition, the first annual review after adoption of this order shall include the following: a) Review of the formal training needs of municipal employees b) Review of coordinating meeting/training for the designated NPDES inspectors. 2. The annual report shall include the findings of this review and a schedule for any needed revisions or a copy of the amended DAMP with the proposed changes. 3. Upon the effective date of this Order, the permittees shall start implementing the 2007 DAMP. If modifications to the 2007 DAMP are determined to be necessary, the permittees shall prepare and submit DAMP modifications to the Regional Board Executive Officer, for consideration by the Regional Board at a public hearing. Such modifications may include regional and watershed -specific requirements and/or waste load allocations developed and approved pursuant to the TMDL process. 4. The Management Committee shall meet at least six times a year to discuss issues related to permit implementation and regional and statewide issues. Each permittee's designated representative or a designated alternate should attend at least 75% of these meetings. XX. FISCAL ANALYSIS 1. Each permittee shall secure the resources necessary to meet all requirements of this order. Order No. 118-2009-0030 (NPDES No. CAS 618030) as amended by Order No. 118-2010-0062 80 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 2. The permittees shall prepare and submit a unified fiscal accountability analysis to the Executive Officer of the Regional Board. The fiscal analysis shall be submitted with the annual report shall, at a minimum, include the following: a) Each permittee's expenditures for the previous fiscal year, b) Each permittee's budget for the current fiscal year, c) A description of the source of funds, and d) Each permittee's estimated budget for the next fiscal year. XXI. PROVISIONS 1. All reports submitted by the permittees as per the requirements in this order for the approval of the Executive Officer shall be publicly noticed and made available on the Regional Board's website, or through other means, for public review and comments. The Executive Officer shall consider all comments received prior to approval of the reports. Any unresolved significant issues shall be scheduled for a public hearing at a Regional Board meeting prior to approval by the Executive Officer. 2. Permittees shall demonstrate compliance with all the requirements in this order and specifically with Section 111.2 Discharge Limitations and Section IV. Receiving Water Limitations, through timely implementation of their DAMP and any modifications, revisions, or amendments developed pursuant to this order approved by the Executive Officer or determined by the permittee to be necessary to meet the requirements of this order. 3. The permittees shall, at a minimum, implement all elements of the DAMP. Where the dates in the DAMP are different than those of this order, the dates in this order shall prevail. Any proposed revisions to the DAMP shall be submitted with the annual report to the Executive Officer of the Regional Board for review and approval. All approved revisions to the DAMP shall be implemented as per the time schedules approved by the Executive Officer. In addition to those specific controls and actions required by (1) the terms of this order and (2) the DAMP, each permittee shall implement additional controls, if any are necessary, to reduce the discharge of pollutants in storm water to the maximum extent practicable, as required by this order. 4. The permittees shall comply with Monitoring and Reporting Program NO. R8-2008- 0030, and any revisions thereto, which is hereby made a part of this order. The Executive Officer is authorized to revise the Monitoring and Reporting Program to allow the permittees to participate in regional, statewide, national or other monitoring programs in lieu of or in addition to Monitoring and Reporting Program No. R8-2008- 0030. 5. Within one year of adoption of this order, the permittees, in coordination with the Orange County Fire Chiefs Association, shall develop a list of appropriate BMPs to be implemented to reduce pollutants from training activities, fire hydrant/sprinkler testing or flushing, non -emergency fire fighting and any BMPs feasible for emergency fire fighting flows. Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 81 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 6. Upon approval by the Executive Officer of the Regional Board, all plans, reports and subsequent amendments required by this order shall be implemented and shall become an enforceable part of this order. Prior to approval by the Executive Officer, these plans, reports and amendments shall not be considered as an enforceable part of this order. 7. The permittees shall report to the Executive Officer of the Regional Board: a) Any enforcement actions and discharges of storm or non -storm water, known to the permittees, which may have an impact on human health or the environment, b) Any suspected or reported activities facilities, where the permittees do suspected or reported activities may US. on federal, state, or other entity's land or not have any jurisdiction, and where the be contributing pollutants to waters of the (Also see reporting requirements in Monitoring and Reporting Program No. R8- 2008-0030) 8. The permit application package and special NPDES program requirements contained in 40 CFR 122.21 (a), (b), (d)(2), (f), (p); 122.41 (a), (b), (c), (d), (e), (f), (g), (h), (i), Q), (k), (1); and 122.42 (c) are incorporated into this order by reference. XXII. PERMIT MODIFICATION In accordance with 40 CFR 122.41(f), this order may be modified, revoked or reissued prior to its expiration date for the following reasons: a) To address significant changes in conditions identified in the technical reports required by the Regional Board which were unknown at the time of the issuance of this order; b) To incorporate applicable requirements of statewide water quality control plans adopted by the State Water Resources Control Board or any amendments to the Basin Plan approved by the Regional Board, the State Board and, if necessary, by the Office of Administrative Law; c) To comply with any applicable requirements, guidelines, or regulations issued or approved under the Clean Water Act, if the requirements, guidelines, or regulations contain different conditions or additional requirements than those included in this order; or, d) To incorporate any requirements imposed upon the permittees through the TMDL process. 2. The filing of a request by the permittees for modification, revocation and re - issuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any conditions of this order. XXIII. PERMIT EXPIRATION AND RENEWAL 1. This order expires on April 1, 2014 and the permittees must file a Report of Waste Discharge (permit application) no later than 180 days in advance of such expiration date as application for issuance of new waste discharge requirements (40 CFR Order No. R8-2009-0030 (NPDES No. CAS 618030) as amended by Order No. R8-2010-0062 82 of 93 The County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County Areawide Urban Storm Water Runoff 122.41(b)). The Report of Waste Discharge shall, at a minimum, include the following: a) Any revisions to the Drainage Area Management Plan including, but not limited to, all the activities the permittees propose to undertake during the next permit term, goals and objectives of such activities, an evaluation of the need for additional source control and/or structural BMPs, any proposed pilot studies, etc.; b) Changes in land use and/or population including land use map updates; c) Any significant changes to the storm drain systems, outfalls, detention or retention basins or dams and other controls including map updates of the storm drain systems; and, d) Any new or revised program elements and compliance schedule(s) necessary to comply with Section IV of this order. 2. All permit applications (Report of Waste Discharge), annual reports and other information submitted under this order shall be signed by either a principal executive officer or a ranking elected official (40 CFR 122.22(a)(3)) or a duly authorized representative as per 40 CFR 122.22(b). 3. This order shall serve as a National Pollutant Discharge Elimination System (NPDES) Permit pursuant to Section 402(p) of the Clean Water Act, or amendments thereto, and shall become effective ten days after the date of its adoption, provided the Regional Administrator of the EPA has no objections. If the Regional Administrator objects to its issuance, the permit shall not become effective until such objection is withdrawn. 4. Order No. R8-2002-0010 is hereby rescinded I, Gerard Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on May 22, 2009. %air Gerard J. Thibeault Executive Officer Q c m E t ca Ml N co O O O Ir - CD N 00 O Z L O m 0 O mow, M W W to Cl) Q i 0 U c W Z ++ co d V uL E Z V CO O M C O = a)CD i 00 N '- Ob Ob O 3 Rf C Z Q 0 L U N 'a m L go t• * an.�f. ,+� 7S� Z� �O � O . Y .try �. g``..,. O go is m0 m 12 ..> F �-' mmc 3 air � 6�ui2a° m I a a, r ':R r - _ n it-- •:: , 5 aT A ll �' �t ?s1 14• ia1 OJ t' rS ♦ i'�. iJi � �� :._. c � l {fry - �' •e' Yj i t 'err_ i o y c'o49 LU ILic 7 IE R ^• 1� r1 5, t'j � �7 i' li � A{� ._ ... � W � !�`Y1 Y, • � � 'b io i! I Y I \ a l t�@6 F_ p 4 I ' V I` I .fib gy�pp• r r y � in,s, � � Q RL O S. C'•y6 j .q t ti I Jg bCr FB.I m a _ a cli m CS or - PQ tQ o= ffi38�m'o ��: .pSaa a ymUUN aoa' mm ppgg�� IUU 0 :: '�io orn u�$ z Order No. R8-2009-0030 (NPDES No. CAS618030) — as amended by Order No. R8-2010-0062 85 of 93 The County of Orange, OCFCD, and Incorporated Cities Areawide Urban Storm Water Runoff Order No. R8-2009-0030 Attachment "C" LIST OF OTHER ENTITIES WITH THE POTENTIAL TO DISCHARGE POLLUTANTS TO THE ORANGE COUNTY STORM WATER SYSTEM California Department of Transportation (Caltrans), District 12 Southern Pacific Railroad Atchison, Topeka & Santa Fe Railway Company Seal Beach Naval Weapons Station Seal Beach Naval Reserve Center, Los Alamitos National Forest Service Universities and Colleges University of California, Irvine California State University, Fullerton Chapman College Coastline College Cypress College Fullerton College Irvine Valley College Golden West College Orange Coast College Rancho Santiago College School Districts Anaheim Elementary School District Anaheim Union High School District Brea -Olinda Unified School District Buena Park Joint Union High School District Centralia Elementary School District Cypress Elementary School District Fountain Valley Union High School District Fullerton Joint Union High School District Garden Grove Unified School District Huntington Beach Elementary School District Huntington Beach Union High School District Irvine Unified Union High School District La Habra Joint Union High School District Los Alamitos Unified School District Lowell Joint Union High School District Magnolia Elementary School District Newport -Mesa Unified School District Ocean View Union High School District Orange Unified School District Order No. R8-2009-0030 (NPDES No. CAS618030) — as amended by Order No. R8-2010-0062 86 of 93 The County of Orange, OCFCD, and Incorporated Cities Areawide Urban Storm Water Runoff Placentia Unified School District Saddleback Unified School District Santa Ana Unified School District Savanna Union High School District Tustin Unified School District Westminster Union High School District Yorba Linda Joint Union High School District Hospitals Anaheim General Hospital Brea Community Hospital Chapman General Hospital Children's Hospital of Orange County, Orange Coastal Communities Hospital, Santa Ana Fairview Hospital FHP Hospital, Fountain Valley Fountain Valley Regional Hospital and Medical Center Hoag Hospital, Newport Beach Kaiser Foundation Hospital, Anaheim Orange County Community Hospital, Buena Park Pacifica Community Hospital, Huntington Beach Placentia Linda Community Hospital Santa Ana Hospital and Medical Center St. Joseph's Hospital, Orange U.C. Irvine Medical Center Vencor Hospital of Orange County, Westminster Whittier Hospital and Medical Center, Buena Park Water/Wastewater Agencies Santa Ana Watershed Project Authority Irvine Ranch Water District Los Aliso Water District EI Toro Water District Mesa Consolidated Water District San Bernardino County Flood Control District Riverside County Flood Control & Water Conservation District L.A. County Department of Public Works County Sanitation Districts of Orange County Costa Mesa Sanitary District Orange County Water District Metropolitan Water District State of California California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. R8-2009-0030 NPDES No. CAS618030 for the County of Orange, Orange County Flood Control District, and Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff I. GENERAL Revisions of the monitoring and reporting program are appropriate to ensure that the permittees are in compliance with requirements and provisions contained in this order. Revisions may be made under the direction of the Executive Officer at any time during the term, and may include a reduction or increase in the number of parameters to be monitored, the frequency of monitoring, or the number and size of samples collected. 2. The Executive Officer is authorized to allow the permittees to participate in statewide, national, or other monitoring programs in lieu of or in addition to this monitoring program. 3. All sample collection, handling, storage, and analysis shall be in accordance with 40 CFR Part 136 or other methods approved by the Executive Officer. 4. The permittees are authorized to complement their monitoring data with other monitoring sources, provided the monitoring conditions and sources are similar to those in the Santa Ana Watershed. 5. Any proposals for revisions to the 2003 Monitoring Plan shall be accompanied by a Quality Assurance Project Plan. II. OBJECTIVES The Orange County monitoring program was initiated in the mid 1970s with the goal of protecting key environmental resources. Successive iterations of the Orange County MS4 permit required the permittees to develop and implement comprehensive monitoring programs. During the first part of the third term permit, the permittees continued to implement the 1999 Water Quality Monitoring program. In August 2005, the Executive Officer approved the 2003 Monitoring Program that was developed in accordance with the requirements specified in the third term permit. The 2003 Monitoring Program was based on "The Model Monitoring Program for Municipal Separate Strom Sewer Systems in Southern California" developed by the Southern California Monitoring Coalition. The permittees also participate in the Regional Monitoring Program for San Diego Creek Nutrient TMDL, Southern California Bight Regional Monitoring Program, Southern California Stormwater Monitoring/Research Cooperative Program and other regional monitoring programs. The overall goal of these monitoring programs is to develop and M&RP Order No. R8-2009-0030, NPDES No. CAS618030 88 of 93 support an effective watershed and key environmental resources management program. The following are the major objectives: 1. To develop and support an effective municipal urban runoff pollutant source control program. 2. To define water quality status, trends, and pollutants of concern associated with urban runoff and their impact on the beneficial uses of the receiving waters. 3. To characterize pollutants associated with urban runoff and to assess the influence of urban land uses on water quality and the beneficial uses of receiving waters. 4. To identify significant water quality problems related to urban runoff. 5. To identify other sources of pollutants in urban runoff to the maximum extent possible (e.g., atmospheric deposition, contaminated sediments, other non -point sources, etc.) 6. To identify and prohibit illicit discharges. 7. To identify those waters, which without additional action to control pollution from urban storm water discharges, cannot reasonably be expected to attain or maintain applicable water quality standards required to sustain the beneficial uses in the Basin Plan (TMDL monitoring). 8. To determine unit loading rates from different urban land use categories. 9. To determine reference loads and concentrations from unimpacted areas of Orange County including sediment loads from open spaces at the foothills. 10.To determine runoff concentrations and loads as close as possible to the source (e.g., golf courses, restaurants, etc.) 11. To evaluate the effectiveness of existing urban runoff water quality management programs, including an estimate of pollutant reductions achieved by the structural and nonstructural BMPs implemented by the permittees. This should also include a determination of concentrations and unit loads that are achievable upon BMP implementation. 12.To evaluate costs and benefits of proposed municipal storm water quality control programs to the stakeholders, including the public. The Regional Board recognizes that program modifications may be necessary to attain these objectives and authorizes the Executive Officer to evaluate and to determine adequate progress toward meeting each objective and the need for any modifications to the monitoring and reporting program. III. MONITORING PROGRAM REQUIREMENTS 1. The permittees shall continue to implement the 2003 Monitoring Program. The permittees shall review the 2003 Monitoring Program on an annual basis and M&RP Order No. R8-2009-0030, NPDES No. CAS618030 89 of 93 determine the need for any modifications to the program. Each of the following elements of the program shall be evaluated: a) Mass Emissions Monitoring. Currently the principal permittee monitors 11 mass emissions stations to estimate the total mass emissions from the MS4; assess trends in mass emissions over time; and to determine if the MS4 is contributing to exceedances of water quality objectives or beneficial uses, by comparing results to the California Toxics Rule (CTR), Basin Plan, Ocean Plan and/or other relevant standards. Samples are collected from the first storm event and two more storm events during the rainy season. A minimum of three dry -weather samples are also collected. Samples from the first rain event each year are analyzed for the entire suite of priority pollutants. All samples are analyzed for metals, pH, TSS, TOC, pesticides/herbicides, and constituents which are known to have contributed to impairment of local receiving waters. An additional 4 mass emissions stations are utilized only for nutrient analysis for TMDL requirements. Dry weather samples are also analyzed for oil and grease. Sediments associated with mass emissions are analyzed for constituents of concern. b) Estuary/Wetlands Monitoring: Currently the permittees monitor 20 sites in Upper Newport estuary, Talbert Marsh, and Bolsa Chica wetlands areas to determine the effects of storm water and non -storm water runoff associated with increased urbanization on these systems. These monitoring locations include representative areas surrounding channel outfalls and areas away from channel outfalls to enable the determination of storm water and non -storm water effects on sediment chemistry, toxicity, benthic communities, nutrient status, and spatial extent of sediment fate within the estuarine environment. c) Water Column Toxicity Monitoring: The current monitoring program analyses for toxicity to freshwater and marine species on mass emissions samples to determine the impacts of storm water and non -storm water runoff on toxicity of receiving waters. d) Sediment: The permittees monitor sediment toxicity at seven stations in Newport Bay and seven stations along Huntington Harbour/Talbert Marsh areas. e) Bacteriological/Pathogen Monitoring: The permittees currently monitor 9 representative areas along the Orange County coastline and six inland water bodies/channels, for total coliform, fecal coliform, and enterococcus in order to determine the impacts of storm water and non -storm water runoff on loss of beneficial uses to receiving waters. Currently weekly channel monitoring is conducted in San Diego Creek and Santa Ana -Delhi channels by both Orange County Environmental Health and the Orange County monitoring program. The Executive Officer is authorized to allow the permittees to integrate their monitoring efforts with other bacteriological/pathogen monitoring programs. M&RP Order No. R8-2009-0030, NPDES No. CAS618030 90 of 93 f) Bioassessment: The permittees currently monitor 12 stations in cooperation with the Southern California Coastal Water Research Project (SCCWRP) in efforts to evaluate the biological index approach for Southern California and to design a research project for developing an Index of Biological Integrity (IBI) for the region. The Executive Officer is authorized to allow the permittees to integrate this element of the monitoring program with the regional bioassessment monitoring initiative being coordinated by the Southern California Monitoring Coalition. g) Reconnaissance: The permittees are currently conducting dry and wet weather reconnaissance surveys to identify and prohibit illicit discharges. 2. TMDL/303(d) Listed Waterbody Monitoring: The Permittees shall continue to participate in the Regional Monitoring Programs for the San Diego Creek Nutrient TMDL and the Toxics TMDL. 3. In addition, strategies must be revised/developed to evaluate the impacts of storm water or non -storm water runoff on all impairments within the Newport Bay watershed and other 303(d) listed waterbodies. Since the 303(d) listing is dynamic, with new waterbodies and new impairments being identified over time, the permittees shall revise their monitoring plan to incorporate new information as it becomes available. IV. PROGRAM EFFECTIVENESS ASSESSMENT AND REPORTING 1. All progress reports and proposed strategies and plans required by this order shall be signed by the principal permittee, and copies shall be submitted to the Executive Officer of the Regional Board under penalty of perjury. 2. The permittees shall submit an ANNUAL PROGRESS REPORT to the Executive Officer of the Regional Board and to the Regional Administrator of the U.S. EPA, Region 9, no later than November 15th, of each year. This progress report may be submitted in a mutually agreeable electronic format. At a minimum, annual progress report shall include the following: a) A review of the status of program implementation and compliance (or non- compliance) with the schedules contained in this order; b) An assessment of the effectiveness of control measures established under the illicit discharge elimination program and the Drainage Area Management Plan. The effectiveness may be measured in terms of how successful the program has been in eliminating illicit/illegal discharges and reducing pollutant loads in storm water discharges; M&RP Order No. R8-2009-0030, NPDES No. CAS618030 91 of 93 c) As assessment of control measures and their effectiveness in addressing pollutants causing or contributing to an exceedance of water quality objectives in receiving waters that are on the 303(d) list of impaired waters. d) The annual report shall include an overall program assessment. The permittees may use the "Municipal Stormwater Program Effectiveness Assessment Guidance" developed by the California Stormwater Quality Association in May 2007 as guidance for assessing program activities at the various outcome levels. The assessment should include each program element required under this order, the expected outcome and the measures used to assess the outcome. The permittees may propose any other methodology for program assessment using measurable targeted outcomes. e) Each permittee shall develop and implement a plan and schedule to address program modifications and improvements identified during the program assessment. f) A summary and analysis of monitoring results from the previous year and any changes to the monitoring program for the following year; g) A unified fiscal accountability analysis, as described in Section XX., Provision, 2, of this order; h) A draft workplan which describes the proposed implementation of the DAMP for next fiscal year. The workplan shall include clearly defined tasks, responsibilities, and schedules for implementation of the storm water program and each permittee actions for the next fiscal year; i) Major changes in any previously submitted plans/policies; and j) An assessment of the permittees compliance status with the Receiving Water Limitations, Section IV of the Order, including any proposed modifications to the DAMP if the Receiving Water Limitations are not fully achieved. 3. The permittees shall be responsible for the submittal to the principal permittee of all required information/materials needed to comply with this order in a timely manner. All such submittals shall be signed by a duly authorized representative of the permittee under penalty of perjury. 4. The data transmittals to the Regional Board shall be in the form developed by the Stormwater Monitoring Coalition (SMC) and approved by the State Water Resources Control Board in the document entitled "Standardized Data Exchange Formats." This document was developed in order to provide a standard format for all data transfer so that data can universally be shared and evaluated from various programs. M&RP Order No. R8-2009-0030, NPDES No. CAS618030 V. REPORTING SCHEDULE 92 of 93 All reports required by this order shall be submitted to the Executive Officer of the Regional Board in accordance with the following schedule: ITEM COMPLETION REPORT DATE DUE DATE Review planning procedures and CEQA Within 24 months of Annual document preparation processes adoption Report Public Education Committee Meetings Twice/year Annual Report Review DAMP Annually Annual Report Public education workshops Annually Annual Report Update inventory of construction sites Twice/year Annual and prioritize for inspections Report Inspect municipal facilities Annually Annual Report Maintain drainage facilities 80% annually/100% Annual in every two years Report Review/revise Implementation Within 6 months of Annual Agreement adoption Report Review/revise Illegal Discharge/Illicit Within 6 months of Annual Connection Training Program adoption Report Evaluate the need for additional debris Within 12 months of Annual control measures adoption Report Complete Public Awareness Survey July 1, 2012 Annual Report Review Monitoring Program Annually Annual Report Update industrial site database, including Annually Annual prioritization for inspection Report Update the commercial site database, Quarterly Annual including prioritization for inspection Report Develop a mobile business pilot program Within 12 months of Annual adoption Report Residential common interest area/HOA Within 18 months of Annual pilot program adoption Report M&RP Order No. R8-2009-0030, NPDES No. CAS618030 Develop a guidance document for Within twelve months Annual preparing conceptual WQMP of adoption Report Review planning documents to ensure Within 24 months of Annual water quality protection adoption Report Report of Waste Discharge 180 days before Six months permit expires prior to expiration Annual Report/Fiscal Analysis November 15th of November each year 15 Provide training to public agency staff Once in two years/3 November and to contract field operations staff per permit term 15 Re-evaluate monitoring program Annually November priorities based on previous year's data 15 Evaluate the DAMP Annually November 15 Permittee Committee meetings to Held at least 6 times November discuss permit implementation and each year 15 regional and state-wide issues Ordered by Gerard J. Thibeault Executive Officer 93 of 93 State of California California Regional Water Quality Control Board Santa -Ana Region STAFF REPORT June 19, 2015 ITEM: `7 SUBJECT: Issuance of updated general waste discharge requirements for discharges to surface waters that pose an insignificant (de minimis) threat to water quality - Order No. 138-2015-0044, NPDES No. CAG998001 DISCUSSION: See attached Order No. R8-2015-0004 and Attachments RECOMMENDATIONS: Adopt Order No. 138-2015-0004, NPDES No. CAG998001 as presented. Comments were solicited from the dischargers and the following agencies: U.S. Environmental Protection Agency, Permits Issuance Section (WTR-5) - Peter Kozelka US Army Corps of Engineers, Los Angeles District — Regulatory Branch US Fish and Wildlife Service, Carlsbad State Water Resources Control Board, Office of the Chief Counsel — David Rice State Water Resources Control Board, Division of Water Quality — Phil Isorena State Water Resources Control Board, Division of Drinking Water, Santa Ana — Oliver Pacifico State Water Resources, Division of Drinking Water, San Diego — Steve Williams State Water Resources, Division of Drinking Water, San Bernardino — Sean McCarthy State Department of Water Resources, Glendale State Department of Fish and Wildlife, Ontario State Department of Fish and Wildlife, Los Alamitos State Department of Fish and Wildlife, San Diego — Ed Pert California Coastal Commission — Karl Schwing Riverside County Environmental Health — Bonnie Dierking Riverside County Flood and Water Conservation District — Jason Uhley San Bernardino County Environmental Health Services — Daniel Avera San Bernardino County Flood Control — Annesley Ignatius Orange County Health Care Agency — Larry Honeybourne Orange County Public Works — Chris Crompton Orange County Public Works, Flood Control — Andy Ngo Orange County Water District — Nira Yamachika / Marsha Westropp South Coast Air Quality Management District — Barry Wallerstein Inland Empire Waterkeeper — Megan Brousseau Orange County Coastkeeper — Garry Brown Lawyers for Clean Water Current R8-2009-0003 Enrollees (attached list) State of California California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (951) 782-4130 • FAX (951) 781-6288 • TDD (951) 782-3221 www.waterboards ca.gov/santaana ORDER NO. R8-2015-0004 NPDES NO. CAG998001 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES TO SURFACE WATERS THAT POSE AN INSIGNIFICANT (DE MINIMIS) THREAT TO WATER QUALITY A Discharger, as described in the following table, who has complied with the requirements for coverage under this Order, is authorized to discharge under this Order, once the Executive Officer has issued an authorization letter, as described in this Order. Individuals, agencies, and/or other parties who discharge wastewater Dischargers that pose an insignificant (de minimis) threat to water quality of surface waters. This Order was adopted by the Regional Water Quality Control Board on: June 19, 2015 This Order shall become effective on: July 1, 2015 This Order shall expire on: June 30, 2020 The U.S. Environmental Protection Agency (USEPA) and the Regional Water Quality Control Board have classified the discharges regulated by this Order as minor discharges. IT IS HEREBY ORDERED, that this Order supersedes Order No. R8-2009-0003 except for enforcement purposes, and, in order to meet the provisions contained in division 7 of the California Water Code (commencing with Section 13000) and regulations adopted thereunder, and the provisions of the federal Clean Water Act (CWA) and regulations and guidelines adopted thereunder, the Discharger shall comply with the requirements in this Order. I, Kurt V. Berchtold, Executive Officer, do hereby certify that this Order with all attachments is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Santa Ana Region, on June 19, 2015. �--'t \'A Kurt V. Ber,htold, Executive Officer Order Page 1 of 12 Order No. R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 2 of 12 Order TABLE OF CONTENTS I. Discharge Information........................................................................................................3 II. Application Information.......................................................................................................4 III. Findings.......................................................................... ................................................... 5 IV. Discharge Prohibitions.......................................................................................................6 V. Effluent Limitations and Discharge Specifications ................ .............................................. 7 A. Effluent Limitations...................................................................................................... 7 B. Land Discharge Specifications —Not Applicable.........................................................7 C. Reclamation Specifications -- Not Applicable..............................................................7 VI. Receiving Water Limitations............................................................................................... 7 A. Surface Water Limitations...........................................................................................7 B. Groundwater Limitations..............................................................................................8 VII. Provisions........................................................................................................................... 9 A. Standard Provisions.................................................................................................... 9 B. Monitoring and Reporting Program Requirements....................................................11 C. Reopener Provisions.................................................................................................12 List of Tables Table 1. Effluent Limitations Applicable to All Receiving Waters ........................................... 7 List of Attachments Attachment A — Definitions..................................................... ................................................- A1 Attachment B — Notice of Intent.............................................................................................. B-1 AttachmentC — Not Used....................................................................................................... C-1 Attachment D — Federal Standard Provisions........................................................................ D-1 Attachment E — Monitoring and Reporting Program (MRP) .................................................... E-1 AttachmentF — Fact Sheet ............. ......................................................................................... F-1 Order No. 138-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 3 of 12 Order 1. DISCHARGE INFORMATION 1, The types of wastewater discharges regulated under this Order include the following: a. Construction dewatering wastes;' b. Wastes associated with well installation, development, test pumping and purging 2; c. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage3 (except for discharges from utility vaults); e. Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc.2; f. Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc.;Z g. Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc,2; h, Discharges from potable water supply systems resulting from initial system startup, routine startup, sampling of influent flow, system failures, pressure releases, etc .2; Discharges from fire hydrant testing or flushing2; Air conditioning condensate; k. Swimming pool discharge; Discharges resulting from diverted stream flows; m. Decanted filter backwash wastewater and/or sludge dewatering filtrate water from water treatment facilities; and n. Other similar types of wastes as determined by the Regional Water Board Executive Officer, which pose a de minimis threat to water quality yet must be regulated under waste discharge requirements. 2. This Order regulates proposed groundwater related discharges and/or de minimis discharges within the San Diego Creek/Newport Bay Watershed that do not contain nutrients, selenium, and other pollutants of TMDL concern at levels that pose a threat to water quality. 3. The following discharges are excluded from regulation under this Order: a. Wastewater with pollutants of concern other than those for which effluent limitations are specified in this Order, b. Wastewater discharges from hydro -testing of contaminated pipes, vessels or tanks. Except for storm water discharges regulated under a statewide general construction storm water permit or a Municipal Separate Storm Sewer System permit. 2 Except for wastes discharged from water purveyors regulated under statewide general waste discharge requirements, such as Order WQ 2014-0194-DWQ, NPDES No. CAG 140001, 3 Except for waste discharges from utility vaults regulated under statewide general waste discharge requirements, such as Order No. 2006-0008-DWQ, NPDES No. CA G990002. Order No. R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 4 of 12 Order Wastewater discharges from draining of decorative ponds, golf course lakes, etc., unless fuff characterization of the wastewater for the presence of pesticides, insecticides, biocides and/or other chemicals that may have been applied to the water is provided which shows that there are no pollutants present at levels of concern. II. APPLICATION INFORMATION A. Existing Dischargers Existing Dischargers previously authorized to discharge under Order No. R8-2009-0003 who wish to continue their discharge(s) and be regulated under the terms and conditions of this Order must complete sections I., II., Ill., IV., and VIII. of Attachment B and submit it, no later than August 1, 2015. If no application is submitted by that date, coverage to discharge shall be terminated and a complete Notice of Intent, with a new application fee, will need to be submitted to resume permit coverage for the discharge. B. New Dischargers At least 45 days before the start of a new discharge, the Discharger shall submit a complete Notice of Intent (Attachment B) to the Regional Water Board office at the address on the cover page of this Order. C. Effective Date of Coverage Coverage under this Order shall be effective on the date that the Executive Officer issues a discharge authorization letter, which shall include a self-monitoring program for the proposed discharge. D. Termination of Coverage The Discharger shall inform the Regional Water Board by a letter if coverage under this Order is no longer needed. Upon receipt of said letter, the Regional Water Board Executive Officer or a designee shall issue a letter terminating coverage under this Order. Order No. R8-2015-0004, NPDES No, CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 5 of 12 Order III. FINDINGS The Regional Water Board finds: A. Background. Order No. R8-2009-0003, NPDES No. CAG998001, was adopted by the California Regional Water Quality Control Board, Santa Ana Region (hereinafter Regional Water Board), on March 27, 2009, for discharges to surface waters of various types of wastes that pose an insignificant threat to water quality. Order No. RS -2009-0003 expired on March 1, 2014. One hundred twenty Dischargers have been authorized to discharge wastewater under Order No. R8-2009-0003; of these, 73 are still active. It is anticipated that many of these existing Dischargers will be submitting renewal applications for continued discharges. It is also anticipated that many more Dischargers will wish to obtain permit coverage for the types of discharges regulated under this general order. The demand for permit issuance will far exceed the available staff resources to develop and bring individual tentative waste discharge requirements to the Board for adoption. These circumstances necessitate the renewal of these general waste discharge requirements. For the purposes of this Order, references to the "discharger" or "permittee" in applicable federal and State laws, regulations, plans, or policy are held to be equivalent to references to the Discharger herein. B. Discharge Description, This Order regulates discharges (as listed in Section I. Discharge Information, above) to surface waters that pose an insignificant threat to water quality. The discharges are to surface waters, including estuarine and ocean waters, within the Santa Ana Region. C. Legal Authorities. This Order is issued pursuant to Chapter 5.5, Division 7 of the California Water Code (Section 13370 et seq.) and Section 402 of the federal Clean Water Act (CWA) and implementing regulations adopted by the U.S. Environmental Protection Agency (USEPA). This Order serves as Waste Discharge Requirements (WDRs) pursuant to Article 4, Chapter 4 of the CWC (Section 13260 et seq.). It shall also serve as a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges to surface waters. D. Background and Rationale for Requirements. The Regional Water Board developed the requirements in this Order based on information obtained through issuance and enforcement of the prior general permits for groundwater cleanup discharges, through monitoring and reporting programs, and other available information. The Fact Sheet (Attachment F), which contains background information and rationale for Order requirements, is hereby incorporated into this Order and, thus constitutes part of the Findings for this Order. Attachments A through F are also incorporated into this Order. Order No. R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 6 of 12 Order E. California Environmental Quality Act (CEQA). Under Water Code Section 13389, this action to adopt waste discharge requirements that also serve as an NPDES permit is exempt from the provisions of CEQA, Public Resources Code Section 21000 et seq. (County of Los Angeles v. California State Water Resources Control Board (2006) 143 Cal.App.4th 985, mod. (Nov. 6, 2006, B184034) 50 Cal.Rptr,3d 619, 632-636.) F. Notification of Interested Parties. The Regional Water Board has notified the Dischargers currently regulated under Order No. R8-2009-0003 and interested agencies and persons of its intent to renew waste discharge requirements for the types of discharges listed above and has provided them with an opportunity to submit their written comments and recommendations. Details of this notification are provided in the Fact Sheet (Attachment F) of this Order. G. Consideration of Public Comment The Regional Water Board, in a public meeting, heard and considered all comments pertaining to this Order. Details of the Public Hearing are provided in the Fact Sheet (Attachment F) of this Order. 1V. DISCHARGE PROHIBITIONS A. The discharge of oil, trash, industrial waste sludge, or other solids directly to the surface waters or in any manner that will ultimately affect surface waters is prohibited, B. The discharge of any substances in concentrations toxic to aquatic life, animal life, or plant life is prohibited. C. The discharge of wastes to property not owned or controlled by the Discharger is prohibited, except to surface waters as authorized under this Order. D. Odors, vectors, and other nuisances of waste origin are prohibited beyond the limits of each Discharger's facility. E. The addition of chemicals to the extracted groundwater, exclusive of chlorine to control biofouling in treatment systems, is prohibited except when approved in writing by the Executive Officer. F. There shall be no direct discharges of waste to Areas of Special Biological Significance such as Newport Beach Marine Life Refuge and Irvine Coast Marine Life Refuge. Order No, R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 7 of 12 Order V. EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS A. Effluent Limitations 1. The discharge of wastewater containing constituent concentrations in excess of the following limits is prohibited: Table 1. Effluent Limitations Applicable to All Receiving Waters Constituent Maximum Daily Concentration Limit in milligrams per liter (mg]L) Total Petroleum Hydrocarbons 0.1 mg/L Total Residual Chlorine 4.5 0.1 mg/L Suspended Solids° 75 mg/L 0.4 mg/L Sulfides 2. The pH of the discharge shall be within 6.5 and 8,5 pH units. 3. There shall be no visible oil and grease in the discharge. 4. The discharge of decanted filter backwash wastewater and/or sludge dewatering filtrate water from water treatment facilities shall not contain a total suspended solids maximum daily concentration in excess of 30 mg/L. B. Land Discharge Specifications — Not Applicable C. Reclamation Specifications — Not Applicable VI. RECEIVING WATER LIMITATIONS A. Surface Water Limitations 1. The discharge of wastes shall not cause a violation of any applicable Water Quality Standard for receiving waters adopted by the Regiona4 Water Board or the State Water Board, as required by the Federal Clean Water Act and any regulations adopted thereunder. 2. The discharge shall not cause any of the following: This limit is not applicable if all of the wastewater percolates into the ground before it reaches a receiving water with any aquatic life. s Compliance with this limitation may be determined at any point between the point of discharge and the point where the discharge enters the first receiving water with aquatic life. Order No. R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 8 of 12 Order a. Coloration of the receiving waters that causes a nuisance or adversely affects beneficial uses. The natural color of fish, shellfish or other inland, bay and estuarine water resources used for human consumption shall not be impaired. b. Deposition of oil, grease, wax or other materials in the receiving waters in concentrations that result in a visible film or in coating objects in the water, or which cause a nuisance or adversely affect beneficial uses. c. An increase in the amounts of suspended or settleable solids in the receiving waters that will adversely affect beneficial uses as a result of controllable water quality factors. d. Taste or odor producing substances in the receiving waters at concentrations that cause a nuisance or adversely affect beneficial uses. e. The presence of radioactive materials in the receiving waters in concentrations that is deleterious to human, plant or animal life. f. The depletion of the dissolved oxygen concentration below 5.0 mg/b. g. The temperature of the receiving waters to be raised above 90°F (32°C) during the period of June through October, or above 78°F (26°C) during the rest of the yea r. h. Change the ambient pH levels more than 0.5 pH units. i. The concentration of pollutants in the water column, sediments, or biota to adversely affect the beneficial uses of the receiving water. The discharge shall not result in the degradation of inland surface water communities and populations, including vertebrate, invertebrate, and plant species. 3. Pollutants not specifically mentioned and limited in this Order shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health or animal life. B. Groundwater Limitations 1. The discharge shall not cause the underlying groundwater to be degraded, to exceed water quality objectives, unreasonably affect beneficial uses, or cause a condition of pollution or nuisance. 2. The discharge, in combination with other sources, shall not cause underlying groundwater to contain waste constituents in concentrations greater than background water quality. Order No R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 9 of 12 Order VII. PROVISIONS A. Standard Provisions 1. The Discharger shall comply with all Federal Standard Provisions included in Attachment D of this Order. 2. Neither the treatment nor the discharge of waste shall create, or threaten to create, a nuisance or pollution as defined by Section 13050 of the California Water Code. 3. This Order expires on June 30, 2020. However, coverage under this Order shall continue in force and effect until a new Order is issued. Upon reissuance of a new Order, the Dischargers shall file a new application within 45 days of the effective date of the new order and obtain a new authorization to discharge from the Executive Officer, 4. The Executive Officer shall determine whether the proposed discharge is eligible for coverage under this Order, after which, the Executive Officer may; a. Authorize the proposed discharge by transmitting a "Discharge Authorization Letter" to the discharge proponent (now an "Authorized Discharger") authorizing the initiation of the discharge under the conditions of this Order and any other conditions consistent with this Order which are necessary to protect the beneficial uses of the receivingwaters; or, b. Require the discharge proponent to obtain an individual NPDES permit prior to any discharge to surface waters within the Santa Ana Region. 5, The Executive Officer is authorized to issue discharge authorization letters to a Discharger proposing unknown future de minimis discharges at multiple locations within the Santa Region, provided that the general nature of the discharges and the general locations are reported and included in the application to discharge wastes under this general Order and that at least five days prior to each discharge, more detailed information regarding each discharge is reported. 6. The Discharger shall comply with all the requirements of this Order and the terms and conditions of the discharge authorization letter. The discharge authorization letter from the Executive Officer shall identify the discharge locations), specify any conditions necessary to protect the beneficial uses of the receiving waters, and shall specify the Self -Monitoring Program for the proposed discharge in accordance with this order. The discharge authorization letter may be terminated or revised by the Executive Officer at any time. Any and all discharge authorization letters, which may be issued by the Executive Officer pursuant to this Order, are incorporated by reference into this Order. Order No. R8-2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 10 of 12 Order 7. For projects involving groundwater dewatering, the Discharger shall assure that extraction wells at the project site are properly abandoned/demolished or sealed at the completion of the project, to prevent the occurrence of future groundwater contamination resulting from groundwater extraction wells. 8. The Discharger shall give advance notice to the Regional Water Board of any planned changes in the permitted facility or activity that may result in noncompliance with this Order. 9. The Discharger shall take all feasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment. 10. The Discharger shall take all reasonable steps to minimize any adverse impacts to receiving waters resulting from noncompliance with any effluent limitations specified in this Order, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. When adverse impacts are identified following exceedance of effluent limitation(s), and/or violation of discharge prohibitions and provisions, Dischargers shall mitigate impacts in accordance with a plan approved by the Executive Officer. The proposed plan shall be submitted within 30 days of the finding of an adverse impact. 11. The Discharger shall, at all times, properly operate and maintain all facilities and systems of treatment (and related appurtenances) and control which are installed or used by the Discharger to achieve compliance with this Order and the conditions of the discharge authorization letter(s) from the Executive Officer. Proper operation and maintenance shall include the following: a. Effective performance, adequate funding, adequate operator staffing and training and adequate laboratory and process controls and appropriate quality assurance procedures. b. Regular maintenance and inspection of all systems. c. Maintenance of records of the inspection results that shall be made available to the Regional Water Board whenever required and demanded. 12. The Discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate these requirements. 13. This Order does not convey any property rights of any sort, or any exclusive privilege. 14. This Order is not transferable to any person except after notice to and approval by the Regional Water Board. Order No. Ria -2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For Insignificant Threat Discharges to Surface Waters Page 11 of 12 Order 15. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the Discharger from liabilities arising under federal, State, or local laws, nor guarantee the Discharger a capacity right in the receiving waters. 18. The provisions of this Order are severable, and if any provision of this Order, or the application of any provisions of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order shall not be affected thereby. 17.Any violation of this Order constitutes a violation of the CWA, its regulations, and the California Water Code, and is grounds for enforcement action and/or termination of the authorization to discharge. 18. Failure to comply with provisions or requirements of this Order, or violation of other applicable laws or regulations governing discharges from this facility, may subject the Discharger to administrative or civil liabilities, criminal penalties, and/or other enforcement remedies to ensure compliance. Additionally, certain violations may subject the Discharger to civil or criminal enforcement from appropriate local, State, or federal law enforcement entities. 19. In the event the Discharger does not comply or will be unable to comply for any reason, with any prohibition, discharge limitation (e.g., maximum daily effluent limitation), or receiving water limitation of this Order, the Discharger shall notify the Regional Water Board by telephone (951) 782-4130 within 24 hours of having knowledge of such noncompliance that may endanger public health or the environment, and shall confirm this notification in writing within five days, unless Regional Water Board staff waives confirmation. The written notification shall state the nature, time, duration, and cause of noncompliance, and shall describe the measures being taken to remedy the current noncompliance and, prevent recurrence including, where applicable, a schedule of implementation, Other noncompliance requires written notification as above at the time of the regular monitoring report. B. Monitoring and Reporting Program Requirements The Discharger shall comply with the Monitoring and Reporting Program issued by the Executive Officer with the discharge authorization letter. The Executive Officer shall model individual Monitoring and Reporting Programs on that provided in Attachment E. However, the number of constituents to be monitored and the monitoring and reporting frequency may be modified on a case-by-case basis, based on the nature of the discharge being authorized. Revision of each individual monitoring and reporting program by the Executive Officer may be necessary to confirm that the Discharger is in compliance with the requirements and provisions contained in this Order. Revisions may be made by the Executive Officer at any time during the term of this Order, and may include a reduction or an increase in the number of constituents to be monitored, the frequency of monitoring, the number and size of samples collected, and the frequency for report submittal. Order No. RS -2015-0004, NPDES No. CAG998001 General Waste Discharge Requirements For insignificant Threat Discharges to Surface Waters Page 12 of 12 Order C. Reopener Provisions 1. This Order may be reopened for modification, or revocation and reissuance, if more stringent applicable Water Quality Standards are promulgated or approved pursuant to Section 303 of the federal Clean Water Act, or amendments thereto. 2. This Order may be reopened to address any changes in State or federal plans, policies or regulations that would affect the requirements for the discharges covered by this Order. 3. This Order may be modified, revoked and reissued, or terminated for cause. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters ATTACHMENT A — DEFINITIONS Arithmetic Mean (p), also called the average, is the sum of measured values divided by the number of samples. For ambient water concentrations, the arithmetic mean is calculated as follows: Arithmetic mean = = Ex / n where: Ex is the sum of the measured ambient water concentrations, and n is the number of samples. Best Management Practices (BMPs) are methods, measures, or practices designed and selected to reduce or eliminate the discharge of pollutants to surface waters from point and nonpoint source discharges including storm water. BMPs include structural and non-structural controls, and operation and maintenance procedures, which can be applied before, during, and/or after pollution producing activities. Bioaccumulative pollutants are those substances taken up by an organism from its surrounding medium through gill membranes, epithelial tissue, or from food and subsequently concentrated and retained in the body of the organism. Carcinogenic pollutants are substances that are known to cause cancer in living organisms. Coefficient of Variation (CV) is a measure of the data variability and is calculated as the estimated standard deviation divided by the arithmetic mean of the observed values. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time without deleterious effects. Daily Discharge: Daily Discharge is defined as either: (1) the total mass of the constituent discharged over the calendar day (12:00 am through 11:59 pm) or any 24-hour period that reasonably represents a calendar day for purposes of sampling (as specified in the permit), for a constituent with limitations expressed in units of mass or; (2) the unweighted arithmetic mean measurement of the constituent over the day for a constituent with limitations expressed in other units of measurement (e.g., concentration). The daily discharge may be determined by the analytical results of a composite sample taken over the course of one day (a calendar day or other 24-hour period defined as a day) or by the arithmetic mean of analytical results from one or more grab samples taken over the course of the day. For composite sampling, if 1 day is defined as a 24-hour period other than a calendar day, the analytical result for the 24-hour period will be considered as the result for the calendar day in which the 24-hour period ends. Attachment A - Definitions Page A-1 of A-4 Order No, R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page A-2 of A-4 Attachment A - Definitions Detected, but Not Quantified (DNQ) are those sample results less than the RL, but greater than or equal to the laboratory's MDL. Dilution Credit is the amount of dilution granted to a discharge in the calculation of a water quality -based effluent limitation, based on the allowance of a specified mixing zone. It is calculated from the dilution ratio or determined through conducting a mixing zone study or modeling of the discharge and receiving water. Dilution Ratio is the critical low flow of the upstream receiving water divided by the flow of the effluent discharged. Effluent Concentration Allowance (ECA) is a value derived from the water quality criterion/objective, dilution credit, and ambient background concentration that is used, in conjunction with the coefficient of variation for the effluent monitoring data, to calculate a long- term average (LTA) discharge concentration. The ECA has the same meaning as waste load allocation (WLA) as used in USEPA guidance (Technical Support Document For Water Quality - based Toxics Control, March 1991, second printing, EPA/505/2-90-001). Estimated Chemical Concentration is the estimated chemical concentration that results from the confirmed detection of the substance by the analytical method below the ML value. Existing Discharger means any discharger that is not a new discharger. An existing discharger includes an "increasing discharger" (i.e., an existing facility with treatment systems in place for its current discharge that is or will be expanding, upgrading, or modifying its existing permitted discharge after the effective date of this Policy). Infeasible means not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. Inland Surface Waters are all surface waters of the State that do not include the ocean, enclosed bays, or estuaries. Instantaneous Maximum Effluent Limitation: the highest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is independently compared to the instantaneous maximum limitation). Instantaneous Minimum Effluent Limitation. the lowest allowable value for any single grab sample or aliquot (i.e., each grab sample or aliquot is independently compared to the instantaneous minimum limitation). Load Allocation (LA) is the portion of receiving water's total maximum daily load that is allocated to one of its nonpoint sources of pollution or to natural background sources. Maximum Daily Flow is the maximum flow sample of all samples collected in a calendar day. MEC: Maximum Effluent Concentration. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page A-3 of A-4 Attachment A - Definitions Median is the middle measurement in a set of data. The median of a set of data is found by first arranging the measurements in order of magnitude (either increasing or decreasing order). If the number of measurements (n) is odd, then the median = X(„+1)/2, If n is even, then the median = (X„/2 + Xpi1�7+,)12 (i.e., the midpoint between the n/2 and n12+1). Method Detection Limit (MDL) is the minimum concentration of a substance that can be measured and reported with 99 percent confidence that the analyte concentration is greater than zero, as defined in title 40 of the Code of Federal Regulations, Part 136, Attachment B, revised as of July 3, 1999. Minimum Level (ML) is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method specified sample weights, volumes, and processing steps have been followed. Mixing Zone is a limited volume of receiving water that is allocated for mixing with a wastewater discharge where water quality criteria can be exceeded without causing adverse effects to the overall water body. New Discharger includes any building, structure, facility, or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the effective date of this Policy. Not Detected (ND) are those sample results less than the laboratory's MDL Objectionable Bottom Deposits are an accumulation of materials or substances on or near the bottom of a water body, which creates conditions that adversely impact aquatic life, human health, beneficial uses, or aesthetics. These conditions include, but are not limited to, the accumulation of pollutants in the sediments and other conditions that result in harm to benthic organisms, production of food chain organisms, or fish egg development. The presence of such deposits shall be determined by RWQCB(s) on a case-by-case basis. Persistent pollutants are substances for which degradation or decomposition in the environment is nonexistent or very slow. Pollutant Minimization Program (PMP) means waste minimization and pollution prevention actions that include, but are not limited to, product substitution, waste stream recycling, alternative waste management methods, and education of the public and businesses. The goal of the PMP shall be to reduce all potential sources of a priority pollutant(s) through pollutant minimization (control) strategies, including pollution prevention measures as appropriate, to maintain the effluent concentration at or below the water quality -based effluent limitation. Pollution prevention measures may be particularly appropriate for persistent bioaccumulative priority pollutants where there is evidence that beneficial uses are being impacted. The Regional Water Board may consider cost effectiveness when establishing the requirements of a PMP. The completion and implementation of a Pollution Prevention Plan, if required pursuant to Water Code section 13263.3(d), shall be considered to fulfill the PMP requirements. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page A-4 of A-4 Attachment A - Definitions Pollution Prevention means any action that causes a net reduction in the use or generation of a hazardous substance or other pollutant that is discharged into water and includes, but is not limited to, input change, operational improvement, production process change, and product reformulation (as defined in Water Code section 13263.3). Pollution prevention does not include actions that merely shift a pollutant in wastewater from one environmental medium to another environmental medium, unless clear environmental benefits of such an approach are identified to the satisfaction of the State or Regional Water Board. Reporting Level (RL) is the ML (and its associated analytical method) chosen by the Discharger for reporting and compliance determination from the MLs included in this Order. The MLs included in this Order correspond to approved analytical methods for reporting a sample result that are selected by the Regional Water Board either from Appendix 4 of the SIP in accordance with section 2.4.2 of the SIP or established in accordance with section 2.4.3 of the SIP. The ML is based on the proper application of method -based analytical procedures for sample preparation and the absence of any matrix interferences. Other factors may be applied to the ML depending on the specific sample preparation steps employed. For example, the treatment typically applied in cases where there are matrix -effects is to dilute the sample or sample aliquot by a factor of ten. In such cases, this additional factor must be applied to the ML in the computation of the RL. Standard Deviation (a) is a measure of variability that is calculated as follows: a = Q(x - tr)2}I(n — 1))a.5 where: x is the observed value; p is the arithmetic mean of the observed values; and n is the number of samples_ Toxicity Reduction Evaluation (TRE) is a study conducted in a step -wise process designed to identify the causative agents of effluent or ambient toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm the reduction in toxicity. The first steps of the TRE consist of the collection of data relevant to the toxicity, including additional toxicity testing, and an evaluation of facility operations and maintenance practices, and best management practices. A Toxicity Identification Evaluation (TIE) may be required as part of the TRE, if appropriate. (A TIE is a set of procedures to identify the specific chemical(s) responsible for toxicity. These procedures are performed in three phases (characterization, identification, and confirmation) using aquatic organism toxicity tests.) Use Attainability Analysis is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological and economic factors as described in 40 CFR 131.10(g) (40 CFR 131.3, revised as of July 1, 1997). Water Effect Ratio (WER) is an appropriate measure of the toxicity of a material obtained in a site water divided by the same measure of the toxicity of the same material obtained simultaneously in a laboratory dilution water. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment B — Notice of Intent Page B-1 of B-3 California Regional Water Quality Control Board Santa Ana Region TO COMPLY WITH THE TERMS AND CONDITIONS OF THE GENERAL PERMIT TO DISCHARGE WASTEWATER THAT POSE INSIGNIFICANT (DE MINIMIS) THREAT TO WATER QUALITY (Order No. R8-2015-0004, NPDES No. CAG998001) I. PERMITTEE (Person/Agency Responsible for the Discharge) Person/Agency Name: Address: Street Contact Person: FACILITY Name: Location: City Phone:(_) State Email: Street City State Contact Person: ; Phone: () ; Email: a. Projected Flow Rate (gpd): , b. Receiving Water (identify):_ III. BILLING INFORMATION (Where annual fee invoices should be sent) Person/Agency Name: Address: IV. Street Contact Person: City State Phone: ( ) ; Email: INDICATE EXISTING PERMIT NUMBER: (if applicable) a. Individual permit Order No. b. General Permit Order No. R8 -2009-0003- c. Others (specify) NPDES No. ZIP ZIP ZIP Remarks: If changes to facility ownership and/or treatment processes were made after the issuance of the discharge authorization letter, please provide a description of such changes on another sheet and submit it with this Notice of Intent. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment B — Notice of Intent Page B-2 of B-3 V. OTHER REQUIRED INFORMATION - FOR NEW DISCHARGERS AND FOR NEW DISCHARGES AND LOCATIONS NOT PREVIOUSLY REPORTED. Attach to this form a COMPLETE characterization of your discharge. A complete characterization includes, but is not limited to: a. A paragraph or more describing the actual project(s), and the types of wastewater that are proposed to be discharged from the project(s) i.e. construction dewatering, well development, well pump test, water line maintenance, etc. Please elaborate on the purpose of the activity, and how it creates the discharge. If more than one activity is planned, please give a description of each one. Also, please indicate the frequency of the discharges if possible, (i.e. one time only, one week only, daily, weekly, monthly, as needed, etc.); b. A list of potential pollutants in the discharge and the anticipated concentration of each pollutant; c. The estimated average and maximum daily flow rate (gallons per day) of each discharge, as well as the frequency and duration of the discharge(s) and the date(s) when the discharge(s) are anticipated to start/end; d. The proposed discharge location(s) as latitude and longitude for each discharge point; e. A description of the proposed treatment system (if appropriate); f. The name/location of the initial receiving water (storm drain/creek), and the ultimate receiving water, such as the Pacific Ocean, Reach 3 of the Santa Ana River, etc.; g. A map showing the path from the point of initial discharge to the ultimate receiving water. Please try to limit your maps to size of 8.5' X 11 "; h. A list of known or suspected leaking underground tanks and other facilities or operations that have, or may have impacted the quality of the underlying groundwater within 200 feet of the site property lines for projects with expected discharge flow rates of less than 100,000 gallons per day and within 500 feet of the site property lines for projects with expected discharge flow rates of greater than 100,000 gallons per day; and i. Any other information deemed necessary by the Executive Officer. VI. OTHER Attach additional sheets to explain any responses which need clarification. List attachments with titles and dates below: VII. FEE The fee for coverage under this general order during FY 2016/17 is $2062.00. Please contact the RWQCB for the current fee. Checks should be made payable to the State Water Resources Control Board or SWRCB. A fee must accompany this application for all new discharges. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment B — Notice of Intent Page B-3 of B-3 VIII. CERTIFICATION: I certify under penalty of law that I am an authorized representative of the permittee identified in Part l., above, and that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, I believe the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. In addition, I certify that the permittee will comply with the terms and conditions stipulated in Order No. R8-2015-0004, including the monitoring and reporting program issued by the Executive Officer of the Regional Water Board. Name: (type or print) Signature: Date: Title: Email: (type or print) You will be notified by a representative of the RWQCB within 30 days of receipt of your application. The notice will state if your application is complete or if there is additional information you must submit to complete your application, pursuant to Division 7, Section 13260 of the California Water Code. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters ATTACHMENT D — FEDERAL STANDARD PROVISIONS I. STANDARD PROVISIONS — PERMIT COMPLIANCE A. Duty to Comply 1. The Discharger must comply with all of the conditions of this Order. Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the California Water Code and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. (40 C.F.R. § 122.41(a).) 2. The Discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate the requirement. (40 C.F.R. § 122.41(a)(1).) B. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a Discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. (40 C.F.R. § 122.41(c).) C. Duty to Mitigate The Discharger shall take all reasonable steps to minimize or prevent any discharge in violation of this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41 (d).) E. Property Rights 1. This Order does not convey any property rights of any sort or any exclusive privileges. (40 C.F.R. § 122.41(g).) 2. The issuance of this Order does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. (40 C.F.R. § 122.5(c).) F. Inspection and Entry The Discharger shall allow the Regional Water Board, State Water Board, United States Environmental Protection Agency (USEPA), and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents, as may be required by law, to (40 C.F.R. § 122.41(i); Wat. Code, § 13383): Attachment D — Federal Standard Provisions Page D-1 of 0-8 Order No. RS -2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-2 of D-8 1. Enter upon the Discharger's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order (40 C.F.R. § 122.41(i)(1)); 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order (40 C,F.R. § 122.41(i)(2)); 3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order (40 C.F.R. § 122.41(i)(3)); and 4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as otherwise authorized by the CWA or the Water Code, any substances or parameters at any location. (40 C.F.R. § 122,41(i)(4),) G. Bypass —Not Applicable H. Upset Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (40 C.F.R. § 122.41(n)(1).) 1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Standard Provisions — Permit Compliance I.H.2 below are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (40 C.F.R. § 122.41(n)(2).). 2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that (40 C.F,R. § 122.41(n)(3)): a. An upset occurred and that the Discharger can identify the cause(s) of the upset (40 C.F_R. § 122.41(n)(3)(i)); b. The permitted facility was, at the time, being properly operated (40 C.F.R. § 122.41(n)(3)(ii)); c. The Discharger submitted notice of the upset as required in Standard Provisions — Reporting V.E.2.b below (24-hour notice) (40 C.F.R. § 122.41(n)(3)(iii)); and Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-3 or D-8 d. The Discharger complied with any remedial measures required under Standard Provisions — Permit Compliance LC above. (40 C.F.R. § 122.41(n)(3)(iv).) 3. Burden of proof. In any enforcement proceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. (40 C.F.R. § 122.41(n)(4).) II. STANDARD PROVISIONS — PERMIT ACTION A. General This Order may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Discharger for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R. § 122.41(f).) B. Duty to Reapply If the Discharger wishes to continue an activity regulated by this Order after the expiration date of this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).) C. Transfers This Order is not transferable to any person except after notice to the Regional Water Board. The Regional Water Board may require modification or revocation and reissuance of the Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the CWA and the Water Code, (40 C.F.R. § 122.41(f)(3); § 122.61.) III, STANDARD PROVISIONS -- MONITORING A. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (40 C.F.R. § 122.410)(1).) B. Monitoring results must be conducted according to test procedures under Part 130 or, in the case of sludge use or disposal, approved under Part 136 unless otherwise specified in Part 503 unless other test procedures have been specified in this Order. (40 C.F.R. § 122.410)(4); § 122.44(i)(1)(iv).) Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-4 of D-8 IV. STANDARD PROVISIONS -- RECORDS A. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Regional Water Board Executive Officer at any time. (40 C.F.R. § 122.41fl) (2).) B. Records of monitoring information shall include - 1 . nclude: 1. The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.410)(3)(i)); 2. The individual(s) who performed the sampling or measurements (40 C.F.R. § 122.410)(3)(ii)); 3. The date(s) analyses were performed (40 C.F.R. § 122.410)(3)(iii)); 4. The individual(s) who performed the analyses (40 C.F.R. § 122.410)(3)(iv)); 5. The analytical techniques or methods used (40 C.F.R. § 122.410)(3)(v)); and 6. The results of such analyses. (40 C.F.R. § 122.410)(3)(vi).) C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)): 1. The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1)); and 2. Permit applications and attachments, permits and effluent data. (40 C.F.R. § 122.7(b)(2).) Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-5 of D-8 V. STANDARD PROVISIONS — REPORTING A. Duty to Provide Information The Discharger shall furnish to the Regional Water Board, State Water Board, or USEPA within a reasonable time, any information which the Regional Water Board, State Water Board, or USEPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order or to determine compliance with this Order. Upon request, the Discharger shall also furnish to the Regional Water Board, State Water Board, or USEPA copies of records required to be kept by this Order. (40 C.F.R. § 122.41(h); Wat. Code, § 13267.) B. Signatory and Certification Requirements All applications, reports, or information submitted to the Regional Water Board, State Water Board, and/or USEPA shall be signed and certified in accordance with Standard Provisions— Reporting V.B.2, V.113.3, V.113.4, and V.13.5 below. (40 C.F.R, § 122.41(k).) 2. All permit applications shall be signed by either a principal executive officer or ranking elected official. For purposes of this provision, a principal executive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of USEPA). (40 C.F.R. § 122.22(a)(3).). 3. All reports required by this Order and other information requested by the Regional Water Board, State Water Board, or USEPA shall be signed by a person described in Standard Provisions — Reporting V. B.2 above, or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Standard Provisions — Reporting V.13.2 above (40 C_F.R. § 122.22(b)(1)); b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibifity for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (40 C.F.R. § 122.22(b)(2)); and c. The written authorization is submitted to the Regional Water Board and State Water Board. (40 C.F.R. § 122.22(b)(3),) Order No. 138-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-6 of D-8 4. If an authorization under Standard Provisions — Reporting V,B.3 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Standard Provisions — Reporting V.B.3 above must be submitted to the Regional Water Board and State Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. (40 C.F.R. § 122.22(c).) 5. Any person signing a document under Standard Provisions — Reporting V,13.2 or V.B.3 above shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (40 C.F.R. § 122.22(d).) C. Monitoring Reports 1. Monitoring results shall be reported at the intervals specified in the Monitoring and Reporting Program (Attachment E) in this Order. (40 C,F.R. § 122.22(1)(4).) 2. Monitoring results must be reported on a Discharge Monitoring Report (DMR) form or forms provided or specified by the Regional Water Board or State Water Board for reporting results of monitoring of sludge use or disposal practices. (40 C.F.R. § 122.41(I)(4)(i).) 3. If the Discharger monitors any pollutant more frequently than required by this Order using test procedures approved under Part 136 or, in the case of sludge use or disposal, approved under Part 136 unless otherwise specified in Part 503, or as specified in this Order, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Regional Water Board. (40 C.F.R. § 122.41(1)(4)(ii).) 4. Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(1)(4)(iii).) D. Compliance Schedules Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Order, shall be submitted no later than 14 days following each schedule date. (40 C.F.R. § 122.41(1)(5).) Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federaf Standard Provisions Page D-7 of D-8 E. Twenty -Four Hour Reporting The Discharger shall report any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the Discharger becomes aware of the circumstances. A written submission shall also be provided within five (5) days of the time the Discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (40 C.F.R. § 122.41(I)(6)(i).) 2. The following shall be included as information that must be reported within 24 hours under this paragraph (40 C.F.R. § 122.41(I)(6)(ii)): a. Any unanticipated bypass that exceeds any effluent limitation in this Order. (40 C.F.R. § 122.41(I)(6)(ii)(A).) b. Any upset that exceeds any effluent limitation in this Order. (40 G.F.R. § 122.41(I)(6)(ii)(B).) 3. The Regional Water Board may waive the above -required written report under this provision on a case-by-case basis if an oral report has been received within 24 hours. (40 C.F.R. § 122.41(1)(6)(iii).) F. Planned Changes The Discharger shall give notice to the Regional Water Board as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required under this provision only when (40 C.F.R. § 122.41(1)(1)): 1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in section 122.29(b) (40 C.F.R. § 122.41(1)(1)(i)); or 2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this Order. (40 C.F.R. § 122.41(I)(1)(ii).) 3. The alteration or addition results in a significant change in the Discharger's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. (40 C.F.R.§ 122.41(I)(1)(iii).) Order No. R8-2015-0004, NPDES No, CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment D — Federal Standard Provisions Page D-8 of D-8 G. anticipated Noncompliance The Discharger shall give advance notice to the Regional Water Board or State Water Board of any planned changes in the permitted facility or activity that may result in noncompliance with General Order requirements. (40 C.F.R. § 122.41(1)(2).} H. Other Noncompliance The Discharger shall report all instances of noncompliance not reported under Standard Provisions — Reporting V.C, V,D, and V.E above at the time monitoring reports are submitted. The reports shall contain the information listed in Standard Provision -- Reporting V.E above. (40 C.F.R. § 122.41(1)(7).) I. Other Information When the Discharger becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Regional Water Board, State Water Board, or USEPA, the Discharger shall promptly submit such facts or information. (40 C.F.R. § 122.41(1)(8).) VI. STANDARD PROVISIONS — ENFORCEMENT A. The Regional Water Board is authorized to enforce the terms of this permit under several provisions of the Water Code, including, but not limited to, sections 13385, 13386, and 13387. Order No. R8-2015-0004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Table of Contents I. General Monitoring Provisions.............................................................................. A. General Monitoring Provision................................................................................ II. Monitoring Locations............................................................................................. III. Influent Monitoring Requirements — Not applicable ............................................... IV. Effluent Monitoring Requirements......................................................................... V. Whole Effluent Toxicity Testing Requirements — Not applicable ........................... VI. Land Discharge Monitoring Requirements — Not Applicable .................................. VI I. Receiving Water Monitoring Requirements........................................................... VIII. Reporting Requirements........................................................................................ A. General Monitoring and Reporting Requirements................................................... B. Self -Monitoring Reports (SMRs)............................................................................ C. Other Reports — Not Applicable.............................................................................. Attachment E — Monitoring and Reporting Program Page E-1 of E-8 Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-2 of E-8 Attachment E — Monitoring and Reporting Program (MRP) The Code of Federal Regulations (CFR) at 40 CFR §122.48 requires that all NPDES permits specify monitoring and reporting requirements. CWC Sections 13267 and 13383 also authorize the Regional Water Quality Control Board (Regional Water Board) to require technical and monitoring reports. This MRP establishes monitoring and reporting requirements that implement the federal and California regulations. GENERAL MONITORING PROVISIONS A. General Monitoring Provision 1. All sampling and sample preservation shall be in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater' (American Public Health Association). 2. All laboratory analyses shall be performed in accordance with test procedures under 40 CFR 136 (revised as of April 11, 2007) "Guidelines Establishing Test Procedures for the Analysis of Pollutants," promulgated by the United States Environmental Protection Agency (EPA), unless otherwise specified in this Monitoring and Reporting Program. In addition, the Regional Water Board and/or EPA, at their discretion, may specify test methods that are more sensitive than those specified in 40 CFR 136. 3. Chemical analyses shall be conducted at a laboratory certified for such analyses by the State Water Resources Control Board in accordance with Water Code Section 13176, or conducted at a laboratory certified for such analyses by the EPA or at laboratories approved by the Regional Water Board's Executive Officer. 4. The Discharger shall report the results of analytical determinations for the presence of chemical constituents in a sample using the following reporting protocols: a. Sample results greater than or equal to the reported ML shall be reported as measured by the laboratory (i.e., the measured chemical concentration in the sample). b. Sample results less than the reported ML, but greater than or equal to the laboratory's current Method Detection Limit (MDL)', shall be reported as "Detected, but Not Quantified," or "DNQ." The estimated chemical concentration of the sample shall also be reported. c. Sample results not detected above the laboratory's MDL shall be reported as "not detected" or "ND." MDL is the minimum concentration of a substance that can be measured and reported with 99 percent confidence that the analytical concentration is greater than zero, as defined in 40 CFR 136, Appendix 8, revised as of April 11, 2007. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-3 of E-8 5. The Discharger shall submit to the Regional Water Board reports necessary to determine compliance with effluent limitations in this Order. The Discharger shall report with each sample result: a. The reporting level achieved by the testing laboratory; and b. The laboratory's current MDL, as determined by the procedure found in 40 CFR 136 (revised as of April 11, 2007). 6. The Discharger shall have, and implement an acceptable written quality assurance (QA) plan for laboratory analyses. Duplicate chemical analyses must be conducted on a minimum of ten percent (10%) of the samples, or at least one sample per month, whichever is greater. A similar frequency shall be maintained for analyzing spiked samples. When requested by the Regional Water Board or EPA, the Discharger will participate in the NPDES discharge monitoring report QA performance study. 7. The Discharger shall assure that records of all monitoring information are maintained and accessible for a period of at least five years (this retention period supersedes the retention period specified in Section N.A. of Attachment D) from the date of the sample, report, or application. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or by the request of the Regional Water Board at any time. Records of monitoring information shall include: a. The information listed in Attachment D - IV Standard Provisions — Records, subparagraph B. of this Order; b. The laboratory which performed the analyses; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The modification(s) to analytical techniques or methods used; f. All sampling and analytical results, including (1) Units of measurement used; (2) Minimum reporting level for the analysis (minimum level); (3) Results less than the reporting level but above the method detection limit (MDL); (4) Data qualifiers and a description of the qualifiers; (5) Quality control test results (and a written copy of the laboratory quality assurance plan); (6) Dilution factors, if used; and (7) Sample matrix type. g. All monitoring equipment calibration and maintenance records; h. All original strip charts from continuous monitoring devices; i. All data used to complete the application for this Order; and, j. Copies of all reports required by this Order. k. Electronic data and information generated by the Supervisory Control And Data Acquisition (SCADA) System. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-4 of E-8 8. Monitoring and reporting shall be in accordance with the following: a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. b. Whenever the Discharger monitors any pollutant more frequently than is required by this Order, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharge monitoring report specified by the Executive Officer. c. A "grab" sample is defined as any individual sample collected in less than 15 minutes. d. Daily samples shall be collected on each day of the week. II. MONITORING LOCATIONS The Discharger shall establish monitoring locations to demonstrate compliance with the effluent limitations, discharge specifications, and other requirements in this Order. The monitoring locations shall be located where representative samples of the discharge can be obtained. III. INFLUENT MONITORING REQUIREMENTS — NOT APPLICABLE IV. EFFLUENT MONITORING REQUIREMENTS A. The following shall constitute the effluent monitoring program for discharges other than decant filter backwash wastewater and/or sludge dewatering filtrate water. If there is no discharge see Section VIII.C.2., below. Standard Effluent Monitoring Program Parameter Unit Sample Minimum Sampling Type Frequency Flow gpd Estimate Daily During the first 30 - minutes of each Total Petroleum Hydrocarbons pg/L Grab discharge then weekly, thereafter; or as directed by the Executive Officer Total Residual Chlorine 2, 3 mg/L " Total Suspended Solids " Sulfides " pH Std. Units " Unless it is known that chlorine is not in the discharge. Not applicable if all wastewater will percolate prior to reaching receiving waters. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-5 of E-8 B. The following shall constitute the effluent monitoring program for discharges from water treatment plants of decant filter backwash wastewater and/or sludge dewatering filtrate water. If there is no discharge see Section VIII.C.2., below. Effluent Monitoring Program for Decant Filter Backwash Wastewater And/Or Sludge Dewatering Filtrate Water Parameter Unit Sample Minimum Sampling Required Analytical Test Method and Minimum Type Frequency Level, units, respectively Flow gpd measured Daily See Section I.A.2 above of this MRP During the first 30 - minutes of each Total Residual Chlorine 4' 5 mg/L Grab discharge then weekly, thereafter; or as directed by the Executive Officer Total Suspended Solids mg/L Grab Aluminum Ng/L Grab " Iron Ng/L Grab " Manganese Ng/L Grab " V. WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS — NOT APPLICABLE VI. LAND DISCHARGE MONITORING REQUIREMENTS — NOT APPLICABLE VII. RECEIVING WATER MONITORING REQUIREMENTS Whenever there is a discharge and the Discharger asserts that the discharge percolated before it reached a stream with aquatic life, the Discharger shall record in a permanent log the following information: (a) the date(s), time(s), and duration(s) of the discharge; (b) a description of the location where the discharge(s) percolated into the ground, (c) the climatic condition in the area during the discharge and (d) the name of the individual(s) who performed the observation. Unless it is known that chlorine is not in the discharge. Not applicable if all wastewater will percolate prior to reaching receiving waters. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-6 of E-8 For discharges that do reach a stream, the Discharger shall on a weekly basis make visual observations of the receiving water (only when a discharge is occurring) for any visible oil sheen or coloration of the receiving water. The findings of these observations shall be recorded in a permanent log. Copies of the above logs shall be submitted with the required monthly report. VIII. REPORTING REQUIREMENTS A. General Monitoring and Reporting Requirements 1. The Discharger shall comply with all Federal Standard Provisions (Attachment D) related to monitoring, reporting, and recordkeeping. 2. Discharge monitoring data shall be submitted in a format acceptable to the Regional Water Board. Specific reporting format may include preprinted forms and/or electronic media. The results of all monitoring required by this Order shall be reported to the Regional Water Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this Order. 3. All monitoring reports, or information submitted to the Regional Water Board shall be signed and certified in accordance with 40 CFR 122.22 and shall be submitted under penalty of perjury. 4. Five days prior to any discharge from locations already reported, the Discharger shall notify the Regional Board staff by phone or e-mail indicating the date and time of the proposed discharge. 5. Five days prior to any planned discharge from locations not yet reported, the discharger shall notify the Regional Board staff by phone or by a fax letter indicating the following: a. Specific type of the proposed wastewater discharge (see listing on Finding 1 of the Order); b. The estimated average and maximum daily flow rates; c. The frequency and duration of the discharge; d. The affected receiving water(s); e. A description of the proposed treatment system (if appropriate); and f. A description of the path from the point of initial discharge to the ultimate location of discharge (fax a map if possible); For those unplanned discharges, as much prior notification as possible is required before any discharge is initiated. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-7 of E-8 6. Noncompliance Reporting a. The discharger shall report any noncompliance that may endanger health or the environment. Any information shall be provided to the Executive Officer (951- 782-4130) and the Office of Emergency Services (1-800-852-7550) orally within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times and, if the noncompliance has not been corrected, the anticipated time it is expected to continue, and, steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. Any violation of a maximum daily discharge limitation for any of the pollutants listed in this Order shall be included as information that must be reported within 24 hours. c. The Regional Water Board may waive the above required written report on a case-by-case basis. 7. Except for data determined to be confidential under Section 308 of the Clean Water Act (CWA), all reports prepared in accordance with the terms of this Order shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the CWA, effluent data shall not be considered confidential. 8. For Dischargers discharging at a volume equal to or greater than 150,000 gallons per day, the Discharger shall submit semi-annual reports that tabulate all measured flows and measured parameters within the most recent six month period. Where discharges associated with these projects last less than 6 months, a report covering the period of discharges shall be submitted. Copies of these monitoring reports shall be submitted to the Regional Water Board and to the Water Quality Director of the Orange County Water District at P.O. Box 8300, Fountain Valley, CA 92728-8300. B. Self -Monitoring Reports (SMRs) 1. Monitoring reports shall be submitted by the 30th day of each month following the monitoring period and shall include: a. The results of all physical/chemical analyses for the previous month, b. The daily flow data, c. A copy of the receiving water observation log, d. A summary of the month's activities including a report detailing compliance or noncompliance with the task for the specific schedule date, and Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Attachment E — Monitoring and Reporting Program Page E-8 of E-8 2. If no discharge occurs during the previous monitoring period, a letter to that effect shall be submitted in lieu of a monitoring report. 3. At any time during the term of this Order, the Regional Water Board may notify the Discharger to electronically submit Self -Monitoring Reports (SMRs) using the State Water Board's California Integrated Water Quality System (CIWQS) Program Web site (http://www.waterboards.ca.gov/ciwqs/index.html). Until such notification is given, the Discharger shall submit hard copy SMRs. The CIWQS Web site will provide additional directions for SMR submittal in the event there will be service interruption for electronic submittal. C. Other Reports — Not Applicable Order No. R8-2015-4004, NPDES No. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters ATTACHMENT F — FACT SHEET TABLE OF CONTENTS I. Background..........................................................__............... ........................... - II. Discharge Information ...................................... ................................ ................................- F2 lil. General order Application.................................................... ............................................- F4 IV. Applicable Plans, Policies, and Regulations ....... ............................................................. F-5 A. Legal Authorities ......................... .............................................................. ............. F-5 B. California Environmental Quality Act (CEQA)................... ...................................... F-6 C. State and Federal Regulations, Policies, and Plans ........... ................................. ....F-6 D. Impaired Water Bodies on CWA 303(d) List/TMDLs...............................................F-9 V. Rationale For Effluent Limitations and Discharge Prohibitions .................. ....................... F-9 A. Discharge Prohibitions ................. ................................................... ........................- F9 B. Technology -Based Effluent Limitations ............... ...................... ............................ F-10 1. Scope and Authority....................................................................................... F-10 '2. Applicable Technology -Based Effluent Limitations ........................ I .............. I F-10 C. Water Quality -Based Effluent Limitations. ............... ............................................. F-1 1 1. Scope and Authority ......... ......................................................... ..................... F-11 2. Applicable Water Quality -Based Effluent Limitations ........................... .... I..... F-11 VI. Rationale for Receiving Water Limitations.....................................................................F-12 A. Surface Water.......................................................................................................- F12 B. Groundwater ................................. ............. ................................................. .......... F-12 VI 1, Rationale for Monitoring and Reporting Requirements... ................... ........................... F-12 A. Influent Monitoring — Not Applicable ........ .......................................................... .... F-12 B. Effluent Monitoring..................................................... ... - 12 C. Whole Effluent Toxicity Testing Requirements — Not Applicable....... . ................... F-12 D. Receiving Water Monitoring.. .............. __ ............................... ....... ................ F-13 E. Reporting Requirements ............................................ .................. F-13 VIII. Provisions .................................. .................................................................. ..................- F13 A. Standard Provisions ......................... ..................................................................... F-13 B. Special Provisions................................................................. ....... - 11 3 IX. Public Participation............................................................................... ........................- F14 A. Notification of Interested Parties...........................................................................F-14 B. Written Comments ........................................ ........................................................ F-14 C. Public Hearing ...... .................. ........................................ ................. ...................... F-14 D. Waste Discharge Requirements Petitions.............................................................F-15 E. Information and Copying ........................ ...............................................................- F15 F. Register of Interested Persons ..................................... .............................. ........... F-15 G. Additional Information......................................................................................,....F-15 Attachment F — Fact Sheet Page F-1 of F-15 Order No. RB -2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-2 of F-15 Attachment F — Fact Sheet ATTACHMENT F — FACT SHEET As described in Section II of this Order, this Fact Sheet includes the legal requirements and technical rationale that serve as the basis for the requirements of this Order. This Order has been prepared under a standardized format to accommodate a broad range of discharge requirements for Dischargers in California. Some sections or subsections of this Order have therefore been identified as "not applicable" to this group of Dischargers, Sections or subsections of this Order not specifically identified as "not applicable" are fully applicable to the Dischargers authorized to discharge wastewater under this Order. I. BACKGROUND Order No. R8-2009-0003, NPDES No. CAG998001, was adopted by the California Regional Water Quality Control Board, Santa Ana Region (Regional Water Board) on March 27, 2009, Order No. R8-2009-0003 is a general permit for discharges to surface waters of various types of wastes that pose an insignificant threat to water quality. It facilitated the processing of permit applications for many projects that would otherwise need to be covered under individual waste discharge requirements. Order No. R8-2009-0003 expired on March 1, 2014 but remains in full force and effect until replaced. To date, 120 Dischargers have been authorized to discharge wastewater under Order No. R8-2009-0003; of these, 73 are still active. It is anticipated that many of these existing Dischargers will be submitting renewal applications for continued discharges. The demand for permit issuance will far exceed the available staff resources to develop and bring individual tentative waste discharge requirements to the Board for adoption, These circumstances necessitate the renewal of this general Order. II. DISCHARGE INFORMATION This Order regulates discharges of wastes that pose an insignificant (de minimis) threat to water quality. The types of discharges regulated by this Order are essentially the same as those regulated by Order No. R8-20009-0003, with the exception of certain discharges from water purveyors. The State Water Resources Control Board (State Water Board) has recently adopted a general order that addresses those discharges (Order No. WQ 2014- 0194-DWQ). Therefore, discharges addressed through the State Water Board Order are specifically excluded from this Order. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-3 of F-15 Attachment F — Fact Sheet The types of wastewater discharges regulated under this Order include the following: a. Construction dewatering wastes'; b. Wastes associated with well installation, development, test pumping and purging2; c. Aquifer testing wastes; d. Dewatering wastes from subterranean seepage'; e. Discharges resulting from hydrostatic testing of vessels, pipelines, tanks, etc .2; f. Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs, etc .2; g. Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs, etc.; h. Discharges from potable water supply systems resulting from initial system start-up, routine start-up, sampling of influent flow, system failures, pressure releases, etc .2; i, Discharges from fire hydrant testing or flushing2; j. Air conditioning condensate; k. Swimming pool discharge; 1. Discharges resulting from diverted stream flows; m. Decanted filter backwash wastewater and/or sludge dewatering filtrate water from water treatment facilities; and n. Other similar types of wastes as determined by the Regional Water Board Executive Officer, which pose a de minimis threat to water quality yet must be regulated under waste discharge requirements. This Order regulates proposed groundwater related discharges and/or de minimis discharges within the San Diego Creek/Newport Bay Watershed that do not contain nutrients, selenium, and other pollutants of TMDL concern at levels that pose a threat to water quality. However, discharges containing these pollutants at levels of concern must be regulated by a separate general order, such as Order No. R8-2007-0041, NPDES No. CAG918002 or individual waste discharge requirements. Wastewater discharges specifically excluded from this Order include: a. Wastewater with pollutants of concern other than those for which effluent limitations are specified in this Order, b. Wastewater discharges from hydro -testing of contaminated pipes, tanks, or vessels, and, c. Wastewater discharges from draining of decorative ponds, golf course lakes, etc., unless a full characterization of the wastewater for the presence of pesticides, insecticides, biocides and/or other chemicals that may have been applied to the water is provided which shows that there are no pollutants present at levels of concern. Except for storm water discharges regulated under a statewide general construction storm water permit or a Municipal Separate Storm Sewer System permit. 2 Except for wastes discharged from water purveyors regulated Under statewide general waste discharge requirements, such as Order WQ 2014-0194-DWQ, NPDES No. CAG140001. s Except for discharges from utility vaults regulated under statewide general waste discharge requirements, such as Order No- 2006-0008-D WO, NPDES No. CA G990002. Order No. 138-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-4 of F-15 Attachment F — Fact Sheet The most common treatment required for de minimis discharges is settling and/or dechlorination. Settling is used for those discharges with high settleable solids concentration. Discharges with residual chlorine, such as wastewater from hydro -testing of pipes and storage tanks, swimming pool drainage, and development and purging of wells, must be dechlorinated, unless the concentration is depleted by natural processes prior to mixing with the receiving water. If dechlorination is not accomplished naturally, the most common method of dechlorination is with the use of chemicals. Those discharges with high concentrations of total dissolved solids, total inorganic nitrogen, selenium, phosphorous, and/or perchlorate may require advanced forms of treatment and may need to be covered under individual permits. Unless otherwise determined based on pollutant and/or site-specific circumstances, where wastewater discharges contain pollutant concentrations lower than established objectives, EPA priority pollutant water quality criteria, and/or maximum contaminant levels(MCLs) for drinking water, wastewater may be discharged without treatment as they pose no reasonable potential to affect the water quality or beneficial uses of receiving waters. This Order authorizes permitted discharges to inland surface waters, estuarine, and ocean waters within the Santa Ana Region. In some cases, the de minimis discharges addressed by this Order are to storm drains or creeks that are typically dry in the summer. In these cases, the wastewater discharges percolate into the underlying groundwater management zones without reaching flowing surface water. During wet seasons, wastewater discharges are most oftentimes into flowing surface water. M. APPLICATION FOR COVERAGE UNDER THE GENERAL ORDER This Order requires each Discharger currently regulated under Order No. R8-2009-0003 who wishes to continue ongoing regulatory coverage under this Order to submit the first and last page of the Notice of Intent (NOI) form (Attachment B of this Order) by, August 1, 2015. Dischargers who do not submit the updated NOI form by that date are no longer authorized to discharge wastewater, unless the discharges are authorized pursuant to other waste discharge requirements adopted by the Regional Water Board or State Water Resources Control Board. This Order requires each new Discharger to submit to the Executive Officer a complete Notice of Intent for the proposed discharge at least 45 days before the start of a new discharge. In addition to the basic information on the first page of the NOI form, new Dischargers must include a complete characterization of the proposed discharge, which includes, but is not limited to: a. A paragraph or more describing the actual project(s), and the types of wastewater that are proposed to be discharged from the project(s) i.e. construction dewatering, well development, well pump test, water line maintenance, etc. Please elaborate on the purpose of the activity, and how it creates the discharge. If more than one " "New discharger" refers to those proposing to discharge wastewater under Order No. R8-2015-0004 and not currently covered under Order No. R8-2009-0003 and those Dischargers who were covered under Order No R8-2009-0003 and failed to submit an updated NOI by August 1, 2015. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-5 of F-15 Attachment F — Fact Sheet activity is planned, please give a description of each one. Also, please indicate the frequency of the discharges if possible, (i.e. one time only, one week only, daily, weekly, monthly, as needed, etc.). b. A list of potential pollutants in the discharge and the anticipated concentration of each pollutant; c. The estimated average and maximum daily flow rate (gallons per day) of each discharge, as well as the frequency and duration of the discharge(s) and the date(s) when the discharge(s) are anticipated to start/end; d. The proposed discharge location(s) as latitude and longitude for each discharge point; e. A description of the proposed treatment system (if appropriate); f. The name/location of the initial receiving water (storm drain/creek), and the ultimate receiving water, such as the Pacific Ocean, Reach 3 of the Santa Ana River, etc.; g. A map showing the path from the point of initial discharge to the ultimate receiving water. Please try to limit your maps to size of 8.5" X 11"; h. A list of known or suspected leaking underground tanks and other facilities or operations that have, or may have impacted the quality of the underlying groundwater within 200 feet of the site property lines for projects with expected discharge flow rates of less than 140,000 gallons per day and within 500 feet of the site property lines for projects with expected discharge flow rates of greater than 100,000 gallons per day; and i. Any other information deemed necessary by the Executive Officer. New Dischargers must also include a filing fee, equal to the first year's annual fee, with their application. 1V. APPLICABLE PLANS, POLICIES, AND REGULATIONS The requirements contained in this Order are based on the requirements and authorities described in this section. A. Legal Authorities This Order is issued pursuant to Chapter 5.5, Division 7 of the California Water Code (commencing with section 13370) and Section 402 of the federal Clean Water Act (CWA) and its implementing regulations adopted by the U.S. Environmental Protection Agency (USEPA), It serves as Waste Discharge Requirements (WDRs) pursuant to Article 4, Chapter 4, Division 7 of the California Water Code (commencing with section 13260). This Order shall also serve as an NPDES permit for the point source discharges described herein to inland surface waters, estuarine, and ocean waters within the Santa Ana Region. Pursuant to NPDES regulations at 40 CFR 122.28, States may request authority to issue general NPDES permits. On June 8, 1989, the State Water Board applied to the USEPA requesting revisions to its NPDES Program in accordance with 40 CFR 122.28, 123.62, and 403.10, including a request to add general permit authority to its approved NPDES Program. On September 22, 1989, the USEPA, Region 9, approved the State Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-6 of F-15 Attachment F — Fact Sheet Water Board's request, granting authorization for the State to issue general NPDES permits. Pursuant to NPDES regulations at 40 CFR 122.28 (a) (2) general permits may regulate point source discharges that: 1. Involve the same or substantially similar types of operations, 2. Discharge the same types of wastes, 3. Require the same effluent limitations, 4. Require the same or similar monitoring, and 5. In the opinion of the Executive Officer, are more appropriately controlled under a general permit than under individual permits. B. California Environmental Quality Act (CEQA) Under Water Code section 13389, this action to adopt waste discharge requirements that serve as an NPDES permit is exempt from the provisions of CEQA, Public Resources Code section 21000 et seq. (County of Los Angeles v. California State Water Resources Control Board (2006) 143 Cal.AppAth 985, mod. (Nov. 6, 2006, B184034) 50 Cal.Rptr.3d 619, 632-636.), C. State and Federal Regulations, Policies, and Plans 1. Water Quality Control Plans. The Regional Water Board adopted a Water Quality Control Plan for the Santa Ana Basin (hereinafter Basin Plan) that became effective on January 24, 1995. The Basin Plan designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the plan. In addition, State Water Resources Control Board (State Water Board) Resolution No. 88-63 (Sources of Drinking Water Policy) requires that, with certain exceptions, the Regional Water Board assign the municipal and domestic water supply use to water bodies. On January 22, 2004, the Regional Water Board adopted Resolution No. R8-2004-0001, amending the Basin Plan to incorporate revised boundaries for groundwater subbasins, now termed "management zones", new nitrate -nitrogen and TDS objectives for the new management zones, and new nitrogen and TDS management strategies applicable to both surface and ground waters. The existing and potential beneficial uses of surface waters in the Santa Ana Region are designated in Chapter 3 of the Basin Plan and may include: a. Municipal and Domestic Supply, b. Agricultural Supply, c. Industrial Service Supply, d. Industrial Process Supply, e. Groundwater Recharge, f. Hydropower Generation, g. Water Contact Recreation, h. Nan -contact Water Recreation, Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-7 of F-15 Attachment F — Fact Sheet i. Warm Freshwater Habitat, j. Limited Warm Freshwater Habitat, k. Cold Freshwater Habitat, I. Preservation of Biological Habitats of Special Significance, m. Wildlife Habitat, n. Marine Habitat, o. Shellfish Harvesting, p. Estuarine Habitat, q. Rare, Threatened or Endangered Species, and r. Spawning, Reproduction, and Development. Many surface waters within the region recharge underlying groundwater basins. The existing and potential beneficial uses of groundwater within the Santa Ana Region are designated in Chapter 3 of the Basin Plan and generally include: a. Municipal and Domestic Supply, b. Agricultural Supply, c. Industrial Service Supply, and d. Industrial Process Supply. This Order implements applicable provisions of the Basin Plan. 2. National Toxics Rule (NTR) and California Toxics Rule (CTR). USEPA adopted the NTR on December 22, 1992, and later amended it on May 4, 1995, and November 9, 1999. Approximately forty water quality criteria in the NTR applied in California. On May 18, 2000, USEPA adopted the CTR, which established new criteria for toxics in the State and incorporated the previously adopted criteria of the NTR. The CTR was amended on February 13, 2001. The NTR and CTR contain water quality criteria for priority toxic pollutants applicable to inland surface waters and enclosed bays and estuaries of the State. 3. State Implementation Policy. On March 2, 2000, the State Water Board adopted the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (State Implementation Policy or SIP). The SIP became effective on April 28, 2000, with respect to the priority pollutant criteria promulgated for California by the USEPA through the NTR and to the priority pollutant objectives established by the Regional Water Board in the Basin Plan. The SIP became effective on May 18, 2000, with respect to the priority pollutant criteria promulgated by the USEPA through the CTR. The State Water Board adopted amendments to the SIP on February 24, 2005, that became effective on July 13, 2005, The SIP establishes implementation provisions for priority pollutant criteria and objectives and provisions for toxicity control. Requirements of this Order implement the SIP. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-8 of F-15 Attachment F — Fact Sheet 4. Alaska Rule. On March 30, 2000, at 40 CFR 131.32, USEPA revised its regulation that specifies when new and revised state and tribal water quality standards become effective for CWA purposes. [65 Fed. Reg. 24641 (April 27, 2000)1 Under the revised regulation (also known as the Alaska Rule), new and revised standards submitted to USEPA after May 30, 2000 must be approved by USEPA before being used for CWA purposes. The final rule also provides that standards already in effect and submitted to USEPA before May 30, 2000 may be used for CWA purposes, whether or not approved by USEPA. 5. Antidegradation Policy. 40 CFR 131.12 requires that the state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California's antidegradation policy in State Water Board Resolution No. 68-16, Resolution No. 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law, Resolution No. 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings. The Regional Water Board's Basin Plan implements, and incorporates by reference, both the State and federal antidegradation policies. Permitted discharges must be consistent with the antidegradation provision of 40 CFR 131.12 and State Water Board Resolution No. 68-16. The discharges authorized under this Order are expected to have an insignificant effect on water quality and beneficial uses and therefore conform to applicable antidegradation provisions of NPDES regulations at 40 CFR 131.12 and with State Water Board Resolution No. 68-16. 6. Anti -Backsliding Requirements. CWA Sections 402 (o) (2) and 303 (d) (4) and NPDES regulations at 40 CFR 122.44 (1) prohibit backsliding in NPDES permits; i.e., effluent limitations in a reissued permit must be at least as stringent as those in the previous permit, with some exceptions where limitations may be relaxed. This Order/General Permit is consistent with applicable anti -backsliding requirements. The limitations in this Order are not less stringent than those in the prior Order/General Permit. 7. Monitoring and Reporting Requirements. Sections 13267 and 13383 of the CWC authorize the Regional Water Board to require technical and monitoring reports. 40 CFR 122.48 requires that all NPDES permits specify requirements for recording and reporting monitoring results. The Monitoring and Reporting Program (MRP) establishes monitoring and reporting requirements to implement State and federal requirements. A typical MRP which will be included with each Discharge Authorization Letter issued by the Executive Officer is provided in Attachment E. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-9 of F-15 Attachment F — Fact Sheet D. Impaired Water Bodies on CWA 303(d) List/TMDLs Section 303(d) of the CWA requires states to identify water bodies where water quality standards are not expected to be met after technology-based effluent limitations have been implemented for point sources. For all 303(d) -listed water bodies and pollutants, the Regional Water Board has developed and/or plans to develop total maximum daily loads (TMDLs) that specify waste load allocations (WLA) for point sources and load allocations (LA) for non -point sources. These allocations form the basis, in part, for limitations in waste discharge requirements. Since discharges will be regulated by this general permit only when they are determined to pose an insignificant threat to water quality, the discharges will not affect either the 303(d) listed bodies of water or TMDLs that have been or will be established to address identified impairments. V. RATIONALE FOR EFFLUENT LIMITATIONS AND DISCHARGE PROHIBITIONS The CWA requires point source Dischargers to control the amount of conventional, non - conventional, and toxic pollutants that are discharged into the waters of the United States. The control of pollutants discharged is established through effluent limitations and other requirements in permits. There are two principal bases for effluent limitations in the Code of Federal Regulations: 40 CFR 122.44(a) requires that permits include applicable technology-based limitations and standards; and 40 CFR 122.44(d) requires that permits include water quality -based effluent limitations to attain and maintain applicable numeric and narrative water quality criteria to protect the beneficial uses of the receiving water. A. Discharge Prohibitions The discharge prohibitions are based on the Federal Clean Water Act, Basin Plan, State Water Resources Control Board's plans and policies, U.S. Environmental Protection Agency guidance and regulations, and previous permit provisions, and are consistent with the requirements set for other discharges regulated by waste discharge requirements adopted by the Regional Water Board. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-10 of F-15 Attachment F — Fact Sheet B. Technology -Based Effluent Limitations 1. Scope and Authority Section 301 (b) of the CWA and federal regulations at 40 CFR 122.44 require permits to, at a minimum, meet applicable technology-based requirements and any more stringent effluent limitations necessary to meet applicable water quality standards. The CWA requires the USEPA to develop effluent limitations, guidelines and standards (Effluent Limitations Guidelines - ELGs) representing application of best practicable treatment control technology (BPT), best available technology economically achievable (BAT), best conventional pollutant control technology (BCT), and best available demonstrated control technology for new sources (HSPS), for specific industrial categories. Where USEPA has not yet developed ELGs for a particular industry or a particular pollutant, Section 402 (a) (1) of the CWA and USEPA regulations at 40 CFR 125.3 authorize the use of best professional judgment (BPJ) to derive technology-based effluent limitations on a case-by-case basis. When BPJ is used, the permit writer must consider specific factors outlined at 40 CFR 125.3. 2. Applicable Technology -Based Effluent Limitations This Order includes effluent limitations for total petroleum hydrocarbons, suspended solids, and sulfides that are based on best professional judgment. The limitations were established when the first general de minimis discharge order, Order No. 93-49, was adopted by the Regional Water Board in 1993 and have been carried forward in all subsequent general orders. The 0.1 mg/L limit for total petroleum hydrocarbons is intended to be an indicator parameter to demonstrate that groundwater dewatering operations are not intercepting hydrocarbon plumes. Exceedances of this limit may be cause for termination of coverage under this general Order and a requirement for the Discharger to seek coverage under one of the Regional Water Board's Groundwater Cleanup Waste Discharge Requirements. The suspended solids limit of 75 mg/L is based on values that have been proven to be achievable in the field through the use of settling devices such as Baker Tanks, retention basins, etc. Some dewatering operations, especially along the coast where ocean/bay sediments have been used to construct land masses, have encountered groundwater containing high concentrations of hydrogen sulfide. When discharged, the sulfides are released to the atmosphere and have created odor nuisances_ It has been found that the discharge of waters with less than 0.4 mg/L of sulfides should not cause such odor conditions. This level is easily achievable with current technology (usually chlorination). Order No. 138-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-11 of F-15 Attachment F — Fact Sheet For filter backwash wastewater discharges, the proposed maximum daily effluent total suspended solids limit is 30 mg/L and is also based on best professional judgment as a value that can be readily achieved by settling at water treatment facilities. C. Water Quality -Based Effluent Limitations 1. Scope and Authority Section 301(b) of the CWA and 40 CFR 122.44(d) require that permits include limitations more stringent than applicable federal technology-based requirements where necessary to achieve applicable water quality standards. 40 CFR 122.44(d)(1)(i) mandates that permits include effluent limitations for all pollutants that are or may be discharged at levels that have the reasonable potential to cause or contribute to an exceedance of a water quality standard, including numeric and narrative objectives within a standard. Where reasonable potential has been established for a pollutant, but there is no numeric criterion or objective for the pollutant, water quality -based effluent limitations (WQBELs) must be established using: (1) USEPA criteria guidance under CWA section 304(a), supplemented where necessary by other relevant information; (2) an indicator parameter for the pollutant of concern; or (3) a calculated numeric water quality criterion, such as a proposed state criterion or policy interpreting the state's narrative criterion, supplemented with other relevant information, as provided in 40 GFR 122.44(d)(1)(vi). The process for determining reasonable potential and calculating WQBELs when necessary is intended to protect the designated uses of the receiving water as specified in the Basin Plan, and achieve applicable water quality objectives and criteria that are contained in other state plans and policies, or any applicable water quality criteria contained in the CTR and NTR. 2. Applicable Water Quality -Based Effluent Limitations Due to the nature of the types of discharges regulated by this general Order (discharges that pose an insignificant threat to water quality) they do not have a reasonable potential to cause or contribute to an exceedance of a water quality standard, with the exception of water that has been chlorinated. As such, this Order contains a chlorine residual limit of 0.1 mg/L, which is based on the Basin Plan water quality objective for inland surface waters and enclosed bays and estuaries within the region. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-12 of F-15 Attachment F — Fact Sheet VI. RATIONALE FOR RECEIVING WATER LIMITATIONS A. Surface Water The surface water receiving water limitations in the proposed. Order are based upon the water quality objectives contained in the Basin Plan, B. Groundwater The receiving groundwater limitations in the proposed Order are also based upon the water quality objectives contained in the Basin Plan, VII. RATIONALE FOR MONITORING AND REPORTING REQUIREMENTS Sections 13267 and 13383 of the CWC authorize the Regional Water Boards to require technical and monitoring reports. Section 122.48 of 40 CFR requires all NPDES permits to specify recording and reporting of monitoring results. The Monitoring and Reporting Program (MRP), Attachment E of this Order, establishes monitoring and reporting requirements to implement State and federal requirements. The Executive Officer shall model individual Monitoring and Reporting Programs on that provided in Attachment E. However, the number of constituents to be monitored and the monitoring and reporting frequency may be modified on a case-by-case basis, based on the nature of the discharge being authorized. Revision of each individual monitoring and reporting program by the Executive Officer may be necessary to confirm that the Discharger is in compliance with the requirements and provisions contained in this Order. Revisions may be made by the Executive Officer at any time during the term of this Order, and may include a reduction or an increase in the number of constituents to be monitored, the frequency of monitoring, the number and size of samples collected, and the frequency for report submittal. A. Influent Monitoring — Not Applicable B. Effluent Monitoring Dischargers are required to conduct monitoring of the permitted discharges in order to evaluate compliance with permit conditions and to allow ongoing characterization of discharges to determine potential adverse impacts and to determine continued suitability for coverage under the General Order. In addition to discharge rate, effluent will typically be required to be monitored for pH, total suspended solids, total petroleum hydrocarbons, sulfides and/or chlorine residual depending on the nature of the discharge. C. Whole Effluent Toxicity Testing Requirements — Not Applicable Order No. RS -2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-13 of F-15 Attachment F — Fact Sheet D. Receiving Water Monitoring Many of the effluent limitations in this Order are not applicable if the effluent does not reach a flowing stream. Whenever there is a discharge and the Discharger asserts that the discharge percolated before it reached a stream with aquatic life, the Discharger is required to record in a permanent log the following information: (a) the date(s), time(s), and duration(s) of the discharge; (b) a description of the location where the discharge(s) percolated into the ground, (c) the climatic condition in the area during the discharge and (d) the name of the individual(s) who performed the observation. For discharges that do reach a stream, the Discharger is required to make visual observations of the receiving water on a weekly basis for any visible oil sheen or coloration of the receiving water. The findings of these observations are required to be recorded in a permanent log. E. Reporting Requirements Dischargers typically will be required to submit all of the data collected during the previous month by the 30th day of the following month. VIII. PROVISIONS A. Standard Provisions Standard Provisions, which apply to all NPDES permits in accordance with 40 CFR 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 CFR 122.42, are provided in Attachment D. 40 CFR 122.41(a)(1) and (b) through (n) establish conditions that apply to all State - issued NPDES permits. These conditions must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to the regulations must be included in the Order. 40 CFR 123.25(a)(12) allows the state to omit or modify conditions to impose more stringent requirements. In accordance with 40 CFR 123.25, this Order omits federal conditions that address enforcement authority specified in 40 CFR 122.410)(5) and (k)(2) because the enforcement authority under the California Water Code is more stringent. In lieu of these conditions, this Order incorporates by reference Water Code section 13387(e). B. Special Provisions 1. Reopener Provisions This provision is based on 40 CFR Part 123. The Regional Water Board may reopen this Order to modify permit conditions and requirements. Causes for modifications include the promulgation of new regulations, or adoption of new regulations by the State Board or Regional Water Board, including revisions to the Basin Plan. Order No. R8-2015-0004, NPDES NO, CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-14 of F-15 Attachment F — Fact Sheet IX. PUBLIC PARTICIPATION The California Regional Water Quality Control Board, Santa Ana Region (Regional Water Board) is considering the issuance of waste discharge requirements (WDRs) that will serve as a National Pollutant Discharge Elimination System (NPDES) general permit for discharges to surface waters that pose an insignificant (de minimis) threat to water quality within the Santa Ana Region. The Regional Water Board encourages public participation in the WDR adoption process. A. Notification of Interested Parties The Regional Water Board has notified current enrollees under Order No 2009-0003 and interested agencies and persons of its intent to prescribe renewed general waste discharge requirements for the discharge of wastes that pose an insignificant threat to water quality and has provided them with an opportunity to submit their written comments and recommendations. Notification was also provided through the posting of a copy of the tentative Order at the Regional Water Board website:http://www.waterboards.ca.gov/santaana/board decisions/tentative orders/inde x.shtml on or before April 24, 2015. B. Written Comments The staff determinations are tentative. Interested persons are invited to submit written comments concerning these tentative WDRs. Comments must be submitted either in person or by mail to the Executive Office at the Regional Water Board at the address above on the cover page of this Order. To be fully responded to by staff and considered by the Regional Water Board, written comments should be received at the Regional Water Board offices by 5:00 p.m. on June 1, 2015. C. Public Hearing The Regional Water Board will hold a public hearing on the tentative WDRs during its regular Board meeting on the following date and time and at the following location: Date: June 19, 2015 Time: 9:00 A.M. Location: City of Lome Linda 25541 Barton Road Loma Linda, CA 92354 Interested persons are invited to attend. At the public hearing, the Regional Water Board will hear testimony, if any, pertinent to the discharge, WDRs, and permit. Oral testimony will be heard; however, for accuracy of the record, important testimony should be in writing. Order No. R8-2015-0004, NPDES NO. CAG998001 General De Minimis Waste Discharge Requirements for Discharges to Surface Waters Page F-15 of F-15 Attachment F — Fact Sheet Please be aware that dates and venues may change. Our web address http:/Www.waterboards.ca.govlsantaana where you can access the current agenda for changes in dates and locations. D. Waste Discharge Requirements Petitions Any aggrieved person may petition the State Water Resources Control Board to review the decision of the Regional Water Board regarding the final WDRs. The petition must be submitted within 30 days of the Regional Water Board's action to the following address: State Water Resources Control Board Office of Chief Counsel RO. Box 100 Sacramento, CA 95812-0100 E. Information and Copying Related documents, comments received, and other information are on file and may be inspected at the address above at any time between 9:00 a.m. and 3:00 p.m, Monday through Friday. Copying of documents may be arranged through the Regional Water Board by calling (951) 782-4130. F. Register of Interested Persons Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should contact the Regional Water Board, reference this facility, and provide a name, address, and phone number. G. Additional Information Requests for additional information or questions regarding this Order should be directed to Susan Beeson at (951) 782-4902.