1982-0907_SERRA_Agreementwww
2 00 PASEO AOELA NTO
SAN J AN' PISTRANO, CALIFORNIA 92675
September 13, 1982
Carol Sanders, Secretary
SERRA
c/o Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, California 92677
Li
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Re: Agreement for Participation in SERRA
Project Committee No. 17 - Application
for Waiver in Discharge Requirements
Dear Miss Sanders:
t
At their meeting of September 7, 1982, the City
Council took unanimous action in approving the City's
participating share of the SERRA Project Committee #17
budget for $25,000 and adopted the Agreement to create
Project #17. An original and one copy of the Agreement
are enclosed; please execute both copies and return one
fully -executed copy to this office.
If you have any questions, please don't hesitate
to call.
Very truly yours,
MARY ANN HANOVER, ACMC
City Clerk
MAH/na
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Enclosures
cc: Director of Public Works
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AGENDA ITEM September 7, 1982
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement For Participation in SERRA Project
Committee #17 - Application For Waiver of
Ocean Discharge Requirements
SITUATION
At their August Board meeting, those member agencies interested
in applying for a waiver of ocean discharge requirements adopted
a preliminary budget for this project, subject to the approval
of their respective agencies. Additionally, a new project
committee was formed to handle the affairs associated with this
program.
Those member agencies expressing interest in participation were:
City of San Juan Capistrano, City of San Clemente, Moulton
Niguel Water District and Santa Margarita Water District. The
scope of this project would be to review all the requirements,
provide the necessary testing and monitoring results, and
complete the application for a waiver. This request must be
submitted to the EPA no later than December 29, 1982, however,
due to the shortage of time for preparation, EPA procedures
do permit the applicant to make a good -faith attempt to complete
the application to the maximum extent possible and to submit it
as an incomplete document with a Plan of Study identifying
data deficiencies and setting forth the tasks to be accomplished
to complete the application. Deadline for final submittal is
one year following approval of Plan of Study by the EPA.
Should a waiver be obtained it would only affect those agencies
participating in the application. A reduction in operational
costs if a waiver is granted would be anticipated. Adoption of
the attached agreement is necessary to confirm participation.
FINANCIAL CONSIDERATIONS
The initial anticipated total cost for this project is $100,000.
(See attached budget for itemized breakdown.) As there are
four participating agencies, the City's proportionate share of
this expenditure is approximated at $25,000. Approval of this
budget is required to activate the project.
0
Agreement for Participation in
SERRA Project Comm. #17
40
-2- September 7, 1982
ALTERNATE ACTIONS
1. Approve the City's participating share of the Project
Committee #17 budget for $25,000 and adopt the agreement
to create Project Committee #17.
2. Do not adopt the agreement.
3. Refer to staff for additional information.
RECOMMENDATION
By motion, approve the City's participating share of the SERRA
Project Committee #17 budget for $25,000 and adopt the agreement
to create Project Committee #17. Authorize the Mayor and City
Clerk to execute the appropriate documents.
Respectfully submitted,
(1), �. V vX
W. D. Murfjhy
WDM:CSF/rem
Attach.
SEFM PRG= CCMI= #17
BUDGET
Engineering Consulting Services $50,000
Legal Services 10,000
Accounting 5,000
Public Information 5,000
Administration 5,000
Contingency 25,000
TO'T'AL $ 100,000
Breakdown, split by menber agencies
San Juan Capistrano 250 $25,000
City of San Clemnte 25% 25,000
Moulton Niguel Water Dist. 25% 25,000
Santa Margarita Water Dist. 25% $25,000
AGREE:IENT FOR APPLICATION FOR WAIVER
OF OCEAN DISCHARGE REQUIREMENTS FOR THE
SOUTH EAST REGIONAL RECLAMATION AUTHORITY
FOR AND ON BEHALF OF PROJECT COMMITTEE
NO. 17
r
THIS AGREEMENT is made and entered into this 7th
day of September, 1982, by and between the SOUTH EAST
REGIONAL RECLAMATION AUTHORITY, a joint powers agency created
by that Joint Powers Agreement entitled, "Joint Exercise
of Powers Agreement Creating South East Regional Reclamation
Authority of Orange County, California (SERRA)", dated
March 9, 1970, (hereinafter in some instances referred to as
"SERRA"), and the following parties:
(a) Moulton -Niguel Water District (MNWD);
(b) Santa Margarita Water District (SMWD);
(c) City of San Clemente (CSC); and
(d) City of San Juan Capistrano (CJC)
The foregoing parties to this Agreement are the
Participating Member Agencies of SERRA for Project Committee
No. 17 (hereinafter in some instances referred to as the "Par-
ticipating Member Agencies");
WI T N E S S E T H
WHEREAS, SERRA has heretofore constructed and placed .
into.operation an Ocean Outfall for disposing in ocean waters
treated wastewater from its Member Agencies; and
WHEREAS, SERRA heretofore obtained an NPDES Permit
governing the discharge of treated wastewater into the ocean
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waters through SERRA's Ocean Outfall; and
WHEREAS, said NPDES Permit sets fort h.certain quality
requirements regarding the effluent discharged through SERRA's
Ocean Outfall which requirements are based upon a secondary
level of treatment of wastewater by SERRA; and -
__WHEREAS, the Participating Member Agencies desire
to establish Project Committee No. 17 for the purpose of
applying for a waiver from the requirements necessitating a
secondary level of treatment of wastewater by SERRA, which
application is to be made pursuant to regulations to be pro-
mulgated by the United States Environmental Protection Agency;
NOW, THEREFORE, the parties hereto do agree as
follows:
Section 1. SERRA agrees, pursuant to the terms and
conditions of this Agreement, to apply for and diligently
pursue a waiver from the present requirements of its NPDES
Permit relative to the quality of wastewater which may be
discharged through SERRA's Ocean Outfall ("Application for -
Waiver".) The scope of this Agreement includes, but is not
limited to, the gathering and preparation of data necessary
to support the Application for_Waiver.
Section 2:- SERRA has previously conditionally
established a budget for the application for the above
referenced waiver, a copy of which budget is attached hereto
as Exhibit "A" and is by this reference incorporated herein.
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Within thirty (30) days from the date of this Agreement, the
Participating Member Agencies shall deposit with SERRA suf-
ficient.monies to fund such budget which deposit shall be
made in amounts calculated pursuant to Section 3 of this
Agreement.
Section 3. Each Participating Member Agency shall
bear its total cost of the Application for Waiver in equal
amounts. --
Section 4. In -the event additional Participating
Member Agencies are added to Project Committee No. 17, the
Cost of the Application for Waiver shall be prorated equally
among the additional Member Agencies. Any additional Parti-
cipating Member.Agencies shall be required to deposit with
SERRA an amount sufficient to cover its share of costs of
the Application for Waiver incurred by the original Parti-
cipating Member Agencies. The amounts shall be refunded
to the original Participating Member Agencies in equal
Shares. Thereafter, the share of additional costs shall be
prorated among the then Participating Member Agencies in
equal amounts. - — -------
Section 5. In the event the Application for'Waiver
is granted; no member of SERRA other than the Participating
kimber Agencies of Project Committee No. 17 shall discharge
-effluent of a quality less than that permitted by SERRA's
most current NPDES permit or be entitled to share in
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any reduced operating costs by reason of said Waiver if
obtained and implemented without becoming a Member Agency of
Project Committee No. 17. The extent of any reduced oper-
ating costs shall be determined by SERRA at the time the
Waiver is obtained.
Section 6. This Agreement shall be binding upon
the successors and assigns of each party to this Agreement,
and upon any succession or assignment. Successor or assignee
Shall accept and assume in writing each and every obligation
applicable under this Agreement as a condition of thereafter
exercising its right to use its respective capacity in the
outfall.
IN WIT11ESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first here-
inabove written.
SOUTHEAST REGIONAL RECLAMATION
AUTHORITY
By
By
MOULTON-NIGUEL WATER DISTRICT
By
By
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i
B
Attorney,
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SANTA MARGARITA WATER DISTRICT
By
By
CITY OF SAN CLEMENTE
By
CITY OF AN JUAN CAPISTRANO
By
NCE F. CHHEIM,_MAYOR
By .
MARY ANN 01ANOVEA, CITY CLERK
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M, a
2. APPROVAL OF AGREEMENT AND PARTICIPATION IN P
rnMMTTTFF Mn l 7 - DAPT.Tf ATTnM Vn T? WATVFA nP
CWV Written Communications:
(79) Report dated September 7, 1982, from the Director of Public
Works regarding application for a waiver of ocean discharge
requirements for the Southeast Regional Reclamation
Authority for and on behalf of Project Committee No. 17.
Approval of the waiver would result in reduced plant
operating costs without degrading the ocean quality.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
City's participating share of the SERRA Project Committee
No. 17 budget of $25,000 and to adopt the agreement to
create Project Committee No. 17. The Mayor and City Clerk
were authorized to execute the agreement on behalf of the
City.
9/r7/sem
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.