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
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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.
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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.
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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.
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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
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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.