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1970-0309_SEERA_Interagency Agreement• MCity Copy INTERAGENCY AGREEMENT BETWEEN THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY (SERRA) AND THE CITY OF SAN JUAN CAPISTRANO FACILITATING THE PRETREATMENT PROGRAM AND CONTRACTING WITH SERRA TO OPERATE THE CITY'S PRETREATMENT PROGRAM WHEREAS, an agreement was entered into on March 9, 1970 creating the South East Regional Reclamation Authority (hereafter called SERRA), a Joint Powers Authority, for the purpose of acquiring, owning, constructing, and operating and maintaining regional wastewater treatment and disposal facilities, by and between the Capistrano Beach Sanitary District, the Dana Point Sanitary District, the Moulton Niguel Water District, the City of San Clemente, the City of San Juan Capistrano and the Santa Margarita Water District; and WHEREAS, the Federal Water Pollution Control Act of 1972, the Clean Water Act of 1977 and amendments, the federal General Pretreatment Regulations (40 CFR 403) of 1978 and amendments, the California Code of Regulation (Title 23, Subchapter 9) and the National Pollutant Discharge Elimination System (NPDES) permit for the SERRA ocean outfall require that the SERRA service area have an industrial pretreatment program that complies with all federal and state regulations; and WHEREAS, on September 4, 1982, the SERRA member agencies approved the adoption of the South _East Regional Reclamation Authority Industrial Waste Ordinance, which established and defined the SERRA Pretreatment Program; and WHEREAS, on December 1, 1982, the Environmental Protection Agency approved the SERRA Pretreatment Program; and WHEREAS, during June, 1988 the State of California, Regional Water Quality Control Board, San Diego Region, in coordination with the Environmental Protection Agency, Region IX, conducted an audit of the SERRA Pretreatment Program and found deficiencies therein; and WHEREAS, the City of San Juan Capistrano (hereafter "City") desires to correct said deficiencies by adopting An ordinance Establishing City of San Juan Capistrano System, (hereafter referred to as the "Pretreatment Ordinance") which establishes revised rules and regulations for discharge of industrial wastewaters to the City's system; and WHEREAS, the Pretreatment Ordinance provides for SERRA to, upon request by a member agency, administer and operate that member agency's program; and 1 WHEREAS, the City of San Juan Capistrano desires to have SERRA administer and operate their pretreatment program; NOW THEREFORE, the parties hereto agree to the following: As required by 40 CFR 403.8, SERRA has responsibility for overseeing the conduct of the requirements of the Pretreatment Ordinance within the area tributary to the SERRA Ocean Outfall. To accomplish this responsibility, SERRA will provide oversight services to the City, such that SERRA can be confident that the Pretreatment Ordinance and related rules and regulations are being enforced by the City. SERRA will provide the following services to the City when overseeing the City's Pretreatment Program: 1. Development and Approval of Industrial Waste Regulations. SERRA will develop Industrial Waste Regulations consistent with applicable federal and state laws. SERRA will cause to have such regulations reviewed and approved by the City, the Regional Water Quality Control Board, the State Water Resources Control Board and the Environmental Protection Agency. 2. Standardization of Industrial Waste Program. SERRA will develop uniform procedures and forms for use in the City's program. SERRA will supply the City with a procedure manual that will define the interface between the agencies and the oversight responsibilities of SERRA. 3. Industrial User Database. SERRA will compile City supplied information on industrial users in the City's service area into a master database. Such information will be kept updated as information is received from the City. 4. Local Limits Development. SERRA will perform or contract for services necessary to determine the Local Limits for the City's share of capacity rights in the Jay B. Latham Regional Treatment Plant. 5. General Oversight. SERRA will perform general oversight duties related to a) reviewing, numbering and signing industrial waste permits, b) reviewing monitoring and periodic reports, c) conducting regular meetings with City staff to ascertain program status, d) reporting to regulatory agencies regarding the City's general compliance with pretreatment regulations, and e) periodically auditing the City and selected industrial dischargers on their compliance with the program. 0 0 6. Central Files and Computerized Reporting. SERRA will develop and maintain centralized files containing records of all SERRA member agency programs. SERRA will analyze the feasibility of electronically transmitting data from the City to SERRA. Administration and Operation of the City's Pretreatment Program 1) Pretreatment Program Audit. SERRA shall complete the work required to comply with the inadequacies noted in the Pretreatment Program Audit issued by the San Diego Regional Water Quality Control Board. 2) Program Administration. SERRA shall provide general administrative, managerial, oversight and clerical services to the City in order to effectively and consistently conduct the the City Pretreatment Program. 3) Permit Services. The City will transmit to SERRA each application for an industrial waste permit submitted to the City. SERRA staff will review the application, and if appropriate, recommend joint issuance of a permit and permit conditions. 4) Inspection and Monitoring Services. SERRA will take such samples and conduct such monitoring and inspections as is necessary to fulfill the requirements of the Pretreatment Ordinance. For those monitoring services that are to be billed to a permit holder, SERRA will submit an accounting of costs to the City who shall then bill the permit holder. 5) Reporting Services. SERRA shall prepare all reports necessary to comply with requirements of the Pretreatment Ordinance. SERRA shall also review and approve the reports submitted by permit holders to comply with their permit requirements. 6) Enforcement Services. Under the direction of the City, SERRA will enforce the provisions of the Pretreatment Ordinance. Such services shall include but not be limited to: interpreting regulations regarding violations of the Pretreatment Ordinance, drafting correspondence to violators, holding meetings with violators, inspecting and monitoring violators for compliance, and assisting with litigation. Section 3. Services To Be Provided By the City 1) Agency Representative. The City will provide an authorized staff member to interface with SERRA staff on pretreatment program issues. Such representative will be of sufficient rank to make commitments and decisions within the scope of the Pretreatment Ordinance, on behalf of the City. 2) Data Management. The City shall provide to SERRA copies of permit applications and correspondence relating to pretreatment program issues generated or received by the City. Section 4 Respgnsibilities of SERRA SERRA shall perform the duties specified in this agreement in a timely, efficient and consistent manner. In the performance of these services, SERRA warrants that it shall work within the adopted rules and regulations of the City, and shall not proceed to take any constructive, corrective or enforcement action without first obtaining the approval of the responsible representative of the City. In the event that the City is unable or unwilling to enforce the Pretreatment Ordinance, this agreement or any other related document concerning the type and condition of sewage and wastes discharged to the SERRA sewage system, SERRA has the responsibility to take such action as is necessary to enforce such documents. Section 5. Responsibilities of the Cit}. The City shall adopt and enforce ordinances, resolutions, and rules and regulations concerning the type and condition of sewage and waste permitted to be discharged into the sewers under their control. They shall prohibit persons and users of every kind and nature (including public agencies of all types) from discharging any sewage or wastes which would be detrimental to any part of the SERRA sewage transmission, treatment or disposal facilities. Such rules, regulations and ordinances shall not conflict with the rules, regulations and ordinances adopted by SERRA. By April 1 of each year, SERRA shall prepare an estimated budget detailing the costs to perform the services listed herein and submit said budget to the City. Upon review and approval of said budget by the parties hereto, the City shall be invoiced on a semi- annual basis for the amounts stated in the budget. SERRA staff shall keep detailed records of actual costs incurred, and such costs shall be applied the City's contribution. Upon the conclusion of the fiscal year, the funds shall be audited and any excess funds shall be refunded to the City or applied to their next year's costs, at the City's option. Any deficit funding shall be invoiced separately or shall be included in the first invoice for the next fiscal year, at the City's option. C7 Any controversy or claim between the parties to this Agreement, arising out of this Agreement, shall be determined by Arbitration. The party desiring to initiate arbitration shall give notice of it intention to arbitrate to the other party. Within twenty (20) days of the service of initial demand for arbitration, the American Arbitration Association (hereafter referred to as "AAA") shall submit to all parties a list of names of persons experienced in the field of industrial waste pretreatment regulations, wastewater disposal or in the alternative, public law. Each party shall have seven (7) days from the mailing date to indicate the order of its preference and return the list to the AAA. If a party does not return the list, then all persons named shall be deemed acceptable. From among the persons approved by both parties, the AAA shall invite three persons to constitute an arbitration panel. The panel of arbitrators shall determine the rights of the parties in accordance with the law, and the award shall be subject to review as to the panel's application of the law by any court having jurisdiction. As to questions of fact, however, the panel's decision shall be binding upon all parties and shall be final. The panel, in their discretion, as part of the arbitration award, may impose upon any one party or allocate among the parties the liability for all the arbitration fees and expenses. In the event the panel fails to provide for the allocation of these costs, the fees shall be divided equally between the parties and the expenses shall be borne by the party incurring them. _� • s • .tip - - -s. In the event any legal action is the terms or conditions of this shall, in addition to any other its reasonable attorney's fees. commenced to enforce or interpret Agreement, the prevailing party costs and relief, be entitled to Either party hereto shall have the right to terminate this agreement with six (6) months notice to the other party, or four (4) months notice prior to the start of a new fiscal year. 17 The laws of the State of California obligations, duties and liabilities Agreement and shall also govern the Agreement. shall govern the rights, of the parties to this interpretation of this This Agreement shall become effective on the day of adoption of such Agreement by the last of the governing bodies of the member agencies to so act. SOUTH EAST)REGIONAL RECLAMATI AUTHORITY r Y Chairn--�-���`----- Dated Z-9 yu BYI S 41." Dated November 20, 1990 qzR-S&4/- d as to form: C ty Attorney 2 CITY OE -&M JUAN By--77--Z,-L------ May y w—May Gary L. t By City Clerk AGENDAITEM TO: FROM: SUBJECT: SITUATION 0 Stephen B. Julian, City Manager 0 November 20, 1990 Ray Wellington, Interim Director of Engineering & Building Approval of Agreement Between SERRA and the City of San Juan Capistrano for SERRA to Administer the City's Pretreatment Program Under a separate action, the Council will be considering an ordinance to establish regulations for the pretreatment of wastewaters (prior to their discharge to the public sewer system) and their source control. Such local regulation is a requirement of the federal National Pollutant Discharge Elimination System (NPDES) permit issued to the Southeast Regional Reclamation Authority (SERRA) for wastewater reclamation and discharge into the ocean. This mandated program requires sewering agencies to establish, monitor and enforce regulations pertaining to sewage discharge from industrial classed users. Depending upon the category of industrial use, different levels of controls and reporting will be required under the program. To implement the program uniformly throughout the SERRA service area, the attached agreement has been prepared and reviewed by the regional sewering agencies. As drafted, the SERRA staff will perform the majority of the permitting, monitoring and reporting activities for the City. The overall administration, oversight and technical support services by SERRA will assist the City in effectively managing the City's Pretreatment program obligations. The City's obligations under the provisions of the agreement include: 1. Identify all existing industrial waste dischargers within the City. 2. Monitor all new development approvals and business license approvals for future industrial waste dischargers. 3. Notice and initiate the renewable permit process with identified industrial waste dischargers. 4. Coordinate the permit process and all related correspondence/reports with SERRA staff. 5. Establish appropriate industrial user permit rates for all permitees. 6. Perform all permit billings and permit renewals required by the program. FOR CRY COUNCIL AGEND .. V' H�� AGENDA ITEM . • November 20, 1990 Page 2 In addition to the quasi -technical support required of the City, the agreement obligates the City to name a staff liaison with authority to make program related decisions and commitments on behalf of the City. NOTIFICATION William Becker, Manager, SERRA COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The initial cost of the program to San Juan Capistrano will be approximately $44,000 per year. These funds will be paid from the sewer fund which includes the collection of user charges. As the program continues, specific fees must be established for a portion of these costs and charged directly to the permitted industrial user. ALTERNATE ACTIONS 1. By motion, approve the agreement between SERRA and the City of San Juan Capistrano for SERRA to facilitate and operate the City's pretreatment program. 2. Approve the agreement subject to modifications. 3. Do not approve the agreement and request additional information from Staff. RECOMMENDATION By motion, approve the agreement between SERRA and the City of San Juan Capistrano for SERRA to facilitate and operate the City's pretreatment program. ybmitted, 01� 0 November 21, 1990 �'! " ` ' IPIOAIOAAiIO unxlo 1961 1776 Mr. William Becker, Manager Southeast Regional Reclamation Authority 25411 Cabot Road, Suite 209 Laguna Hills, California 92653 Re: Waste Discharge Pretreatment Regulations and Agreement Dear Bill: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN At their regular meeting held November 20, 1990, the City Council of the City of San Juan Capistrano held a public hearing relative to establishing Waste Discharge Pretreatment and Source Control regulations. Following the hearing, Council introduced an ordinance to establish those regulations. Council also approved an agreement with SERRA which sets out obligations of both the City and SERRA in administering the Waste Discharge Pretreatment and Source Control Program. A fully -executed copy of the Agreement is enclosed for your files. The ordinance has been scheduled for adoption at the Council meeting of December 4th, and a copy of the agenda and staff report will be forwarded to you prior to that meeting. If you need any additional information, please let us know. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building Services 92AOO PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 498.1171 MEMORANDUM TO: Memo to File FROM: Maria Guevara, Secretary DATE: August 2, 2002 SUBJECT: South Orange County Wastewater Authority (SOCWA) On March 20, 2001, SOCWA was created, eliminating Aliso Water Management Agency (AWMA), South East Regional Reclamation Authority (SERRA) and South Orange County Reclamation Authority (SOCRA). Agreements prior to March 20, 2002, may be found under SERRA. Agreements after March 20„ 2002, may be found under SOCWA.