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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 v�ri�i 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 • Enclosures cc: Director of Public Works 0 ! 3Y 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 .1 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. -2- 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 -3- 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 -4- i B Attorney, • - 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 -5- 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.