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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/22/2023BOARD OF DIRECTORS MARCH 22, 2023 East Valley Water District was formed in 1954 and provides water and wastewater services to 104,000 residents within the cities of San Bernardino and Highland, and portions of San Bernardino County. EVWD operates under the direction of a 5­member elected Board. GOVERNING BOARD EXECUTIVE MANAGEMENT Phillip R. Goodrich Chairman of the Board Michael Moore General Manager/CEO James Morales, Jr. Vice­Chairman Brian W. Tompkins Chief Financial Officer Chris Carrillo Governing Board Member Jeff Noelte Director of Engineering & Operations Ronald L. Coats Governing Board Member Kelly Malloy Director of Strategic Services David E. Smith Governing Board Member Kerrie Bryan Director of Administrative Services Justine Hendricksen District Clerk Patrick Milroy  Operations Manager Rocky Welborn  Water Reclamation Manager Board of Directors Regular Meeting & Public Hearing March 22, 2023 ­ 5:30 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Investment Transaction Report for Month Ended February 28, 2023 b.Financial Statements for February 2023 3.INFORMATIONAL ITEMS a.Water and Wastewater Pathway and Educational Partnership Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of Sewer Ordinance 404 East Valley Water District Sewer Regulations and Service Change Ordinance, Public Hearing b.Consider Adoption of the 2023 Enforcement Response Plan and Resolution 2023.05 – Updating the schedule of Water and Wastewater Rates and Charges and certain Miscellaneous fees, Public Hearing c.Consider Adoption of the 2023 Sewer System Management Plan (SSMP) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMARCH 22, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy  Operations Manager Rocky Welborn  Water Reclamation Manager Board of Directors Regular Meeting & Public Hearing March 22, 2023 ­ 5:30 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Investment Transaction Report for Month Ended February 28, 2023 b.Financial Statements for February 2023 3.INFORMATIONAL ITEMS a.Water and Wastewater Pathway and Educational Partnership Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of Sewer Ordinance 404 East Valley Water District Sewer Regulations and Service Change Ordinance, Public Hearing b.Consider Adoption of the 2023 Enforcement Response Plan and Resolution 2023.05 – Updating the schedule of Water and Wastewater Rates and Charges and certain Miscellaneous fees, Public Hearing c.Consider Adoption of the 2023 Sewer System Management Plan (SSMP) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMARCH 22, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerBoard of Directors Regular Meeting & Public HearingMarch 22, 2023 ­ 5:30 PM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Investment Transaction Report for Month Ended February 28, 2023 b.Financial Statements for February 2023 3.INFORMATIONAL ITEMS a.Water and Wastewater Pathway and Educational Partnership Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of Sewer Ordinance 404 East Valley Water District Sewer Regulations and Service Change Ordinance, Public Hearing b.Consider Adoption of the 2023 Enforcement Response Plan and Resolution 2023.05 – Updating the schedule of Water and Wastewater Rates and Charges and certain Miscellaneous fees, Public Hearing c.Consider Adoption of the 2023 Sewer System Management Plan (SSMP) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMARCH 22, 2023East Valley Water District was formed in 1954 and provides water and wastewater services to104,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board Michael MooreGeneral Manager/CEOJames Morales, Jr.Vice­Chairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerBoard of Directors Regular Meeting & Public HearingMarch 22, 2023 ­ 5:30 PM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disability­relatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 885­4900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERPLEDGE OF ALLEGIANCEROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of Agenda2.APPROVAL OF CONSENT CALENDARAll matters listed under the Consent Calendar are considered by the Board ofDirectors to be routine and will be enacted in one motion. There will be nodiscussion of these items prior to the time the board considers the motion unlessmembers of the board, the administrative staff, or the public request specific itemsto be discussed and/or removed from the Consent Calendar.a.Investment Transaction Report for Month Ended February 28, 2023b.Financial Statements for February 20233.INFORMATIONAL ITEMSa.Water and Wastewater Pathway and Educational Partnership Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of Sewer Ordinance 404 East Valley Water District Sewer Regulations and Service Change Ordinance, Public Hearing b.Consider Adoption of the 2023 Enforcement Response Plan and Resolution 2023.05 – Updating the schedule of Water and Wastewater Rates and Charges and certain Miscellaneous fees, Public Hearing c.Consider Adoption of the 2023 Sewer System Management Plan (SSMP) 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Agenda Item #2a March 22, 20231 Meeting Date: March 22, 2023 Agenda Item #2a Consent Item 7 2 2 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Investment Transaction Report for Month Ended February 28, 2023 RECOMMENDATION That the Board of Directors approve the attached Investment Transaction Report for the month ended February 28, 2023. BACKGROUND / ANALYSIS California Government Code §53607 requires the CFO/Treasurer of a public agency to submit a monthly investment transaction report to the Board of Directors (Board) when the Board has delegated to the CFO/Treasurer the authority to invest, reinvest, sell, or exchange securities held in the Agency’s investment portfolio. During February the District maintained a balance of $7,173,805 in funds invested with LAIF. There were no deposits to, or withdrawals from, the account during the month. Investments with Citizens Business Bank Wealth Management (CBB) totaled $5,969,491 at the beginning of February. Earnings added $12,752 to the account, while fees reduced the balance by $710. There were no purchases, sales, or maturities of portfolio assets during February, leaving the Wealth Management account balance at $5,981,533 at month end. This balance is split between a mutual fund ($574,974) and federal securities shown on the attached schedule with a total balance of $5,406,559. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Agenda Item #2a March 22, 20232 Meeting Date: March 22, 2023 Agenda Item #2a Consent Item 7 2 2 Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS 1. Investment Transaction Report for Month Ended February 28, 2023 2. LAIF Statement for February 2023 EAST VALLEY WATER DISTRICT Investment Activity Month Ended February 28, 2023 Activity (Book Value) Purch Units /Maturity Amort Cost Adjusted Cost Matured /Adjusted Cost 2/28/2023 Market Date Issuer CUSIP Yield Face Value Date 2/1/2023 Adjustment 2/1/2023 Purchases Called Total Water Sewer Value 10/19/21 US Treasury Note 91282CAZ4 0.375%500,000 11/30/25 490,502.19 490,502.19 490,502.19 490,502.19 446,580.00 03/31/21 US Treasury Note 9128CBT7 0.750%500,000 03/31/26 495,703.13 495,703.13 495,703.13 495,703.13 447,245.00 01/21/20 Tenn Valley Authority 880591ER9 2.875%300,000 09/15/24 309,165.27 309,165.27 309,165.27 309,165.27 289,518.00 05/29/20 US Treasury Note 912828ZP8 0.125%300,000 05/15/23 299,203.13 299,203.13 299,203.13 299,203.13 297,045.00 08/31/22 US Treasury N/B 91282CFG1 3.125%300,000 08/31/24 299,740.76 299,740.76 299,740.76 299,740.76 292,278.00 07/30/20 Federal Home Loan Bank 3130AJUN7 0.550%250,000 07/30/24 249,937.50 249,937.50 249,937.50 249,937.50 234,072.50 08/06/20 Freddie Mac 3134GWMY9 0.625%100,000 08/19/25 100,000.00 100,000.00 100,000.00 100,000.00 90,106.00 09/30/21 Federal Home Loan Bank 3030APAZ8 1.030%200,000 09/30/26 200,000.00 200,000.00 200,000.00 200,000.00 175,962.00 03/30/21 Federal Home Loan Bank 3130ALUF9 1.000%300,000 03/30/26 300,000.00 300,000.00 300,000.00 300,000.00 267,864.00 03/30/21 Federal Home Loan Bank 3130ALPB4 0.800%300,000 05/30/25 300,000.00 300,000.00 300,000.00 300,000.00 273,969.00 03/30/21 Federal Home Loan Bank 3130ALU93 0.750%200,000 06/30/25 200,000.00 200,000.00 200,000.00 200,000.00 181,822.00 09/20/21 Federal Home Loan Bank 3130AKL79 0.250%115,000 12/28/23 114,902.25 114,902.25 114,902.25 114,902.25 110,271.20 09/30/21 Federal Home Loan Bank 3130AP6M2 1.020%400,000 09/30/26 400,000.00 400,000.00 400,000.00 400,000.00 351,876.00 10/18/21 Federal Home Loan Bank 3130AKC95 0.550%200,000 10/29/25 197,411.64 197,411.64 197,411.64 197,411.64 178,954.00 10/26/21 Federal Home Loan Bank 3130APJ55 1.250%300,000 10/26/26 299,997.00 299,997.00 299,997.00 299,997.00 265,665.00 10/27/21 Federal Home Loan Bank 3130AJK24 0.480%100,000 09/01/23 100,010.82 100,010.82 100,010.82 100,010.82 97,710.00 10/28/21 Federal Home Loan Bank 3130APLB9 0.850%100,000 10/28/24 100,000.00 100,000.00 100,000.00 100,000.00 93,173.00 11/24/21 Federal Home Loan Bank 3130APWP6 0.600%200,000 11/24/23 200,000.00 200,000.00 200,000.00 200,000.00 193,482.00 11/30/21 Federal Home Loan Bank 3130APUY9 1.000%200,000 02/28/25 200,000.00 200,000.00 200,000.00 200,000.00 184,790.00 11/30/21 Federal Home Loan Bank 3130AQ2H5 1.050%100,000 11/25/24 99,985.00 99,985.00 99,985.00 99,985.00 93,284.00 08/30/22 Federal Home Loan Bank 3130AT2N6 3.700%250,000 02/28/24 250,000.00 250,000.00 250,000.00 250,000.00 246,010.00 11/23/21 Federal Farm Credit Bank 3133ENEM8 1.430%200,000 11/23/26 200,000.00 200,000.00 200,000.00 200,000.00 178,398.00 5,415,000.00 5,406,558.69 -5,406,558.69 --5,406,558.69 3,559,154.23 1,847,404.46 4,990,074.70 Attachment A Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 March 01, 2023 LAIF Home PMIA Average Monthly Yields EAST VALLEY WATER DISTRICT CHIEF FINANCIAL OFFICER P.O. BOX 3427 SAN BERNARDINO, CA 92413 Account Number: February 2023 Statement Tran Type Definitions Account Summary Total Deposit:0.00 Beginning Balance:7,173,804.55 Total Withdrawal 0 00 Ending Balance 7,173,804.55 Agenda Item #2c March 22, 20231 Meeting Date: March 22, 2023 Agenda Item #2c Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Financial Statements for February 2023 RECOMMENDATION That the Board of Directors accept and file the attached financial statements as of, and for the period ended, February 28, 2023. BACKGROUND / ANALYSIS The East Valley Water District adopted an annual budget on June 22, 2022 for fiscal year 2022-2023. In accordance with District Administrative policy 7.7, the Chief Financial Officer provides regular budget updates to the Board of Directors (Board). Included herewith for the Board’s review is a summary of the District’s financial results, as of February 28, 2023. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management REVIEW BY OTHERS This agenda item has been reviewed by Finance Department. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer Agenda Item #2c March 22, 20232 Meeting Date: March 22, 2023 Agenda Item #2c Consent Item ATTACHMENTS 1. February 2023 Financial Statement Monthly Review 2. February 2023 Financial Statements FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 1 The following is a highlight summary of the District’s financial results as of February 28, 2023. Please note all values presented are in millions (unless otherwise noted). Statement of Net Position Total assets at February 28, 2023 are $398.68 million. CLASSIFICATION WATER WASTEWATER RECLAMATION DISTRICT TOTAL Cash and Investments $ 10.18 $ 7.83 $ - $ 18.01 Utility Plant, Net 99.22 17.63 - 116.85 Other Assets 54.56 32.25 177.01 263.82 Current Liabilities 8.18 7.83 37.79 53.80 Long Term Liabilities 40.87 6.54 139.67 187.08 Beginning Net Position 103.44 40.93 - 144.37 Change in Equity 6.07 1.41 (0.45) 7.03 TOTAL NET $ 109.51 $ 42.34 $ (0.45) $ 151.40 Cash and Investments Cash and Investments are $18.01 million for the month of February, an increase of $6.62 million from the prior month. In February, the District paid $6.27 million for construction costs incurred in November and December. The District’s Due from Other Governments continues to include a receivable for work performed on the Recycled Water Pipeline from October through December bringing the ending balance as of February 28, 2023 to $9.13 million. $0 $5 $10 $15 $20 $25 $30 $35 Mi l l i o n s CASH & INVESTMENTS Restricted Unrestricted FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 2 Statement of Revenues & Expenses Total Revenues & Expenses through February 28, 2023 are summarized below (in millions): Column1 WATER WASTEWATER RECLAMATION DISTRICT TOTAL Revenue $ 20.30 $ 4.47 $ 6.71 $ 31.48 Expense 14.22 3.07 7.17 24.46 Water Sales by Tier Water Sales for the month ending February 28, 2023 were $889K; $211K under staff projections for the month and $195K under projections year-to-date. $- $0.5 $1.0 $1.5 $2.0 $2.5 Mi l l i o n s WATER SALES BY TIER Tier 1 Tier 2 Tier 3 FY 2022-23 Projection For a more detailed presentation, operating results are presented in three ways on pages 2 through 7 of the attached financial statements for the period ending February 28, 2023. First is a one-page summary with monthly and year-to-date totals for revenue and expenses, presented by Expense Category. Second is a one-page summary with monthly and year-to-date totals for Revenues and Expense by Program. Third is a Budget-to-Actual presentation of program expense detail. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 3 Water Sales by Customer Class The table below shows the District’s water sales for the month of February 2023 by customer class. The following icons are to compliment the graph below: positive change, no change, negative change when comparing actuals versus projections. CUSTOMER CLASS ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential 519,234$ 639,000$ (119,766)$ -19% Multi-Family 235,987 304,000 (68,013) -22% Commercial 91,303 115,000 (23,697) -21% Irrigation 42,307 42,000 307 1% TOTAL $ 888,831 $ 1,100,000 $ (211,169)-19% The following table displays customer class by tier for the month of February 2023: CUSTOMER CLASS TIER ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential Tier 1 318,728$ 365,000$ (46,272)$ -13% Residential Tier 2 83,801 92,000 (8,199) -9% Residential Tier 3 116,705 182,000 (65,295) -36% Multi-Family Tier 1 134,518 185,000 (50,482) -27% Multi-Family Tier 2 21,943 34,000 (12,057) -35% Multi-Family Tier 3 79,526 85,000 (5,474) -6% Commercial Tier 1 56,728 77,000 (20,272) -26% Commercial Tier 2 6,047 7,000 (953) -14% Commercial Tier 3 28,528 31,000 (2,472) -8% Irrigation Tier 2 16,776 18,000 (1,224) -7% Irrigation Tier 3 25,531 24,000 1,531 6% TOTAL $ 888,831 $ 1,100,000 $ (211,169)-19% Legend - Positive Change in Actuals - Neutral Change in Actuals - Negative Change in Actuals FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 4 The chart below is a comparative illustration of Water Revenue year-to-date compared to last year’s Water Revenue year-to-date as of February. As noted in the graph, Water Revenue experienced a minor decrease over last year. Water consumption decreased 160.21 million gallons (214K HCF) compared to February of 2022. $- $5.0 $10.0 $15.0 $20.0 $25.0 2/28/2022 2/28/2023 Mi l l i o n s COMPARATIVE MONTHLY WATER REVENUE (WATER SALES & METER CHARGES) Meter Tier 1 Tier 2 Tier 3 Total -$19,087,474 Total -$18,935,441 FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 5 Water Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Fund operating cost centers for FY 2021-22 and FY 2022-23. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 6 Wastewater Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Wastewater Fund operating cost centers for FY 2021-22 and FY 2022-23. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING FEBRUARY 28, 2023 page | 7 Water Reclamation Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Reclamation Fund operating cost centers for FY 2021-22 and FY 2022-23. In FY 2021-22 the Treatment costs were incurred entirely by San Bernardino Municipal Water Department and billed to the District. WATER WASTEWATER RECLAMATION DISTRICT TOTAL Assets: Current Assets: 01 Cash and Cash Equivalents 1,352,523.03$ 449,564.99$ -$ 1,802,088.02$ 02 Investments 3,365,974.12 1,757,948.28 -5,123,922.40 03 Accounts Receivable, Net 4,092,265.31 820,528.67 -4,912,793.98 04 Interest Receivable -3,377.19 - 3,377.19 14*05 Other Receivables 2,191,977.90 --2,191,977.90 07 Due from Sewer Fund 5,500,000.00 --5,500,000.00 07.Due from Reclamation Fund 15,623,874.71 13,295,971.48 -28,919,846.19 06 Due from Other Governments 42,000.01 - 9,083,296.10 9,125,296.11 08 Inventory 976,218.71 6,721.16 -982,939.87 09 Prepaid Expenses 362,039.02 41,390.67 1,720.50 405,150.19 33,506,872.81 16,375,502.44 9,085,016.60 58,967,391.85 Non-Current Assets: 10 Restricted Cash and Cash Equivalents 5,462,408.99 5,624,841.57 -11,087,250.56 11 Capital Assets not being Depreciated 23,036,581.29 17,105,447.02 167,922,074.19 208,064,102.50 13 Capital Assets, Net 99,215,210.74 17,627,616.95 - 116,842,827.69 127,714,201.02 40,357,905.54 167,922,074.19 335,994,180.75 Total Assets:161,221,073.83 56,733,407.98 177,007,090.79 394,961,572.60 Deferred Outflow Of Resources 24*Deferred Charge on Refunding 610,558.73 286,292.69 - 896,851.42 25 Deferred Outflows - Pensions 2,127,130.34 691,919.73 - 2,819,050.07 163,958,762.90 57,711,620.40 177,007,090.79 398,677,474.09 Current Liabilities: 22 Accounts Payable and Accrued Expenses 4,347,969.34 27,441.76 -4,375,411.10 29 Due to Water Fund - 5,500,000.00 15,623,874.71 21,123,874.71 29.Due to Sewer Fund - - 13,295,971.48 13,295,971.48 23 Accrued Payroll and Benefits ---- 15 Customer Service Deposits 1,419,858.18 --1,419,858.18 16 Construction Advances and Retentions 634,029.14 2,173,580.75 8,872,170.81 11,679,780.70 17 Accrued Interest Payable 234,217.54 24,947.00 -259,164.54 18 Current Portion of Compensated Absences 495,871.40 108,250.60 -604,122.00 19 Current Portion of Long-Term Debt 1,044,052.55 - - 1,044,052.55 8,175,998.15 7,834,220.11 37,792,017.00 53,802,235.26 Non-Current Liabilities: 20 Compensated Absences, less current portion 334,718.15 42,555.69 - 377,273.84 28 Net Pension Liability 5,094,004.28 1,563,684.95 - 6,657,689.23 21 Long Term Debt, Less Current Portion 35,435,393.60 4,938,562.10 139,669,059.00 180,043,014.70 27 Other Liabilities 1,173.64 --1,173.64 40,865,289.67 6,544,802.74 139,669,059.00 187,079,151.41 Total Liabilities:49,041,287.82 14,379,022.85 177,461,076.00 240,881,386.67 Deferred Inflows Of Resources 26 Deferred Inflows - Pensions 5,403,596.94 1,000,008.59 - 6,403,605.53 54,444,884.76 15,379,031.44 177,461,076.00 247,284,992.20 31 Equity 103,441,036.60 40,925,997.03 - 144,367,033.63 103,441,036.60 40,925,997.03 - 144,367,033.63 Tot Total Revenue 20,296,483.35 4,471,772.92 6,713,275.92 31,481,532.19 Tot Total Expense 14,223,641.81 3,065,180.99 7,167,261.13 24,456,083.93 6,072,841.54 1,406,591.93 (453,985.21)7,025,448.26 109,513,878.14 42,332,588.96 (453,985.21)151,392,481.89 163,958,762.90$ 57,711,620.40$ 177,007,090.79$ 398,677,474.09$ Total Liabilities, Equity and Current Surplus (Deficit): Total Beginning Equity: Equity: Revenues Over/Under Expenses Total Current Liabilities: Total Liabilities and Deferred Inflows of Resources: Total Non-Current Liabilities: Unaudited As of February 28, 2023 Combining Schedule of Net Position Total Equity and Current Surplus (Deficit): Total Assets and Deferred Outflows of Resources: Total Current Assets: Total Non-Current Assets: Page 1 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 888,829.54$ 12,444,224.56$ 17,700,000.00$ -$ -$ -$ -$ -$ 692,000.00$ 18,392,000.00$ 5,947,775.44$ 42 Meter Charges 832,507.19 6,491,632.92 9,685,000.00 ------9,685,000.00 3,193,367.08 43 Penalties 37,115.30 391,733.28 468,000.00 4,953.75 42,153.91 95,000.00 - - - 563,000.00 129,112.81 44 Wastewater System Charges ---478,573.40 3,702,952.91 5,621,000.00 - - - 5,621,000.00 1,918,047.09 45 Wastewater Treatment Charges ------822,142.78 6,713,275.92 9,851,000.00 9,851,000.00 3,137,724.08 46 Other Operating Revenue 11,646.89 865,523.53 62,000.00 - 709,684.68 ---1,820,000.00 1,882,000.00 306,791.79 47 Non Operating Revenue 11,655.02 103,369.06 40,000.00 - 16,981.42 5,000.00 - - 11,000.00 56,000.00 (64,350.48) 48 Gain or Loss on Disposition ----------- 56 Benefits ----------- 68 Depreciation ----------- Revenue Total: 1,781,753.94 20,296,483.35 27,955,000.00 483,527.15 4,471,772.92 5,721,000.00 822,142.78 6,713,275.92 12,374,000.00 46,050,000.00 14,568,467.81 - ------- Expense by Category 51 Labor 400,952.80 3,194,048.15 5,573,300.00 112,973.14 894,950.95 1,573,900.00 47,240.30 401,262.16 1,040,800.00 8,188,000.00 3,697,738.74 52 Temporary Labor 1,750.52 14,874.83 21,000.00 1,312.89 11,156.16 9,000.00 1,312.89 11,156.14 - 30,000.00 (7,187.13) 56 Benefits 132,857.42 1,898,796.06 2,869,400.00 38,029.28 464,549.47 801,500.00 16,718.41 264,204.04 598,100.00 4,269,000.00 1,641,450.43 63 Contract Services (9,312.94)2,328,819.87 4,825,200.00 20,755.07 929,873.10 1,530,400.00 669,818.26 6,178,960.11 6,390,400.00 12,746,000.00 3,308,346.92 65 Professional Development 4,399.77 159,608.18 313,000.00 1,640.27 56,357.15 114,000.00 - 525.97 18,000.00 445,000.00 228,508.70 53 Overtime 30,025.00 320,394.80 393,200.00 5,413.25 30,378.52 25,500.00 812.97 8,734.01 9,300.00 428,000.00 68,492.67 62 Materials and Supplies 103,354.93 1,277,007.54 1,572,000.00 5,736.74 75,685.82 124,300.00 2,293.60 47,556.21 671,700.00 2,368,000.00 967,750.43 64 Utilities 248,804.55 2,673,747.05 3,322,800.00 9,913.80 127,595.76 179,300.00 27,196.89 234,895.06 376,900.00 3,879,000.00 842,762.13 52 Temporary Labor 1,750.52 14,874.83 21,000.00 1,312.89 11,156.16 9,000.00 1,312.89 11,156.14 - 30,000.00 (7,187.13) 67 Other 8,131.35 1,197,682.53 700,100.00 3,480.37 351,371.56 288,100.00 - 8,811.29 268,800.00 1,257,000.00 (300,865.38) 54 Standby 2,632.00 24,285.18 33,000.00 108.00 1,235.92 2,000.00 - - - 35,000.00 9,478.90 61 Water Supply 915.00 409,796.00 286,000.00------286,000.00 (123,796.00) 71 Debt Service - 1,741,787.78 3,080,000.00 - 224,894.00 274,000.00 - - - 3,354,000.00 1,387,318.22 81 Capital Improvement 246,842.37 3,824,211.30 5,425,000.00 7,150.00 351,674.80 315,000.00 - - - 5,740,000.00 1,564,113.90 82 Capital Outlay 3,120.00 228,876.01 720,000.00 3,120.00 60,976.42 475,000.00 - - - 1,195,000.00 905,147.57 83 Accounting Income Add back (246,842.37)(5,085,168.30)-(7,150.00)(526,674.80)-----5,611,843.10 88 Transfer to Reserves --------3,000,000.00 3,000,000.00 3,000,000.00 99 Transfer from Reserves --(1,200,000.00)------(1,200,000.00)(1,200,000.00) Expense Total: 929,380.92 14,223,641.81 27,955,000.00 203,795.70 3,065,180.99 5,721,000.00 766,706.21 7,167,261.13 12,374,000.00 46,050,000.00 21,593,916.07 Total Surplus (Deficit):852,373.02$ 6,072,841.54$ -$ 279,731.45$ 1,406,591.93$ -$ 55,436.57$ (453,985.21)$ -$ -$ (7,025,448.26)$ Unaudited Revenue and Expense Budget-to-Actual by Category Month Ended February 28, 2023 WATER WASTEWATER DISTRICT WIDERECLAMATION Page 2 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 888,829.54$ 12,444,224.56$ 17,700,000.00$ -$ -$ -$ -$ -$ 692,000.00$ 18,392,000.00$ 5,947,775.44$ 42 Meter Charges 832,507.19 6,491,632.92 9,685,000.00 ------9,685,000.00 3,193,367.08 43 Penalties 37,115.30 391,733.28 468,000.00 4,953.75 42,153.91 95,000.00 - - - 563,000.00 129,112.81 44 Wastewater System Charges ---478,573.40 3,702,952.91 5,621,000.00 - - - 5,621,000.00 1,918,047.09 45 Wastewater Treatment Charges ------822,142.78 6,713,275.92 9,851,000.00 9,851,000.00 3,137,724.08 46 Other Operating Revenue 11,646.89 865,523.53 62,000.00 - 709,684.68 ---1,820,000.00 1,882,000.00 306,791.79 47 Non Operating Revenue 11,655.02 103,369.06 40,000.00 - 16,981.42 5,000.00 - - 11,000.00 56,000.00 (64,350.48) Revenue Total: 1,781,753.94 20,296,483.35 27,955,000.00 483,527.15 4,471,772.92 5,721,000.00 822,142.78 6,713,275.92 12,374,000.00 46,050,000.00 14,568,467.81 Progra 1000 - Board of Directors 21,632.09 164,085.40 331,800.00 9,251.80 68,862.05 142,200.00 - - - 474,000.00 241,052.55 Progra 2000 - General Administration 61,718.10 580,624.20 961,800.00 25,548.17 241,087.63 412,200.00 - - - 1,374,000.00 552,288.17 Progra 2100 - Human Resources 32,252.49 1,524,785.20 1,178,600.00 13,822.44 491,944.66 492,400.00 - 8,811.29 267,000.00 1,938,000.00 (87,541.15) Progra 2200 - Public Affairs 55,439.00 634,856.48 1,216,600.00 23,699.50 355,643.27 521,400.00 - - - 1,738,000.00 747,500.25 Progra 2300 - Conservation 30,571.95 283,485.64 917,000.00------917,000.00 633,514.36 Progra 3000 - Finance 42,876.55 465,660.70 834,400.00 18,233.59 199,447.00 357,600.00 - - - 1,192,000.00 526,892.30 Progra 3200 - Information Technology 35,074.47 505,973.06 949,200.00 15,031.86 220,242.85 406,800.00 - - - 1,356,000.00 629,784.09 Progra 3300 - Customer Service 50,946.81 486,133.88 702,000.00 38,200.88 358,442.90 526,500.00 38,198.53 354,980.23 526,500.00 1,755,000.00 555,442.99 Progra 3400 - Meter Service 17,567.30 156,425.44 278,000.00 - 747.25 ----278,000.00 120,827.31 Progra 4000 - Engineering 37,419.61 345,770.43 1,126,300.00 13,772.58 161,177.99 482,700.00 - - - 1,609,000.00 1,102,051.58 Progra 5000 - Water Production 106,795.19 3,657,172.23 4,927,000.00 ------4,927,000.00 1,269,827.77 Progra 5100 - Water Treatment 25,707.09 735,775.51 960,000.00------960,000.00 224,224.49 Progra 5200 - Water Quality 33,292.21 284,275.15 557,000.00------557,000.00 272,724.85 Progra 6000 - Field Maintenance Administration 24,254.02 244,754.02 388,800.00 2,564.26 29,245.54 43,200.00 - - - 432,000.00 158,000.44 Progra 6100 - Water Maintenance 237,425.67 2,272,572.13 3,082,000.00 ------3,082,000.00 809,427.87 Progra 6200 - Wastewater Maintenance - - - 19,618.13 531,913.00 880,000.00 - - - 880,000.00 348,087.00 Progra 6300 - Water Reclamation ------680,098.02 6,289,437.42 8,180,000.00 8,180,000.00 1,890,562.58 Progra 7000 - Facilities Maintenance 51,376.23 714,573.95 888,600.00 15,090.75 240,775.03 321,900.00 48,409.66 514,032.19 400,500.00 1,611,000.00 141,618.83 Progra 7100 - Fleet Maintenance 61,912.14 457,011.60 630,900.00 5,841.74 54,781.40 70,100.00 - - - 701,000.00 189,207.00 Progra 8000 - Capital 3,120.00 709,706.79 8,025,000.00 3,120.00 110,870.42 1,064,000.00 - - 3,000,000.00 12,089,000.00 11,268,422.79 Expense Total: 929,380.92 14,223,641.81 27,955,000.00 203,795.70 3,065,180.99 5,721,000.00 766,706.21 7,167,261.13 12,374,000.00 46,050,000.00 21,593,916.07 Total Surplus (Deficit):852,373.02$ 6,072,841.54$ -$ 279,731.45$ 1,406,591.93$ -$ 55,436.57$ (453,985.21)$ -$ -$ (7,025,448.26)$ .. WATER WASTEWATER DISTRICT WIDE Revenue and Expense Budget-to-Actual by Program Month Ended February 28, 2023 Unaudited RECLAMATION Page 3 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 888,829.54$ 12,444,224.56$ 17,700,000.00$ -$ -$ -$ -$ -$ 692,000.00$ 18,392,000.00$ 5,947,775.44$ 42 Meter Charges 832,507.19 6,491,632.92 9,685,000.00 - - - - - - 9,685,000.00 3,193,367.08 43 Penalties 37,115.30 391,733.28 468,000.00 4,953.75 42,153.91 95,000.00 - - - 563,000.00 129,112.81 44 Wastewater System Charges ---478,573.40 3,702,952.91 5,621,000.00 - - - 5,621,000.00 1,918,047.09 45 Wastewater Treatment Charges ------822,142.78 6,713,275.92 9,851,000.00 9,851,000.00 3,137,724.08 46 Other Operating Revenue 11,646.89 865,523.53 62,000.00 - 709,684.68 ---1,820,000.00 1,882,000.00 306,791.79 47 Non Operating Revenue 11,655.02 103,369.06 40,000.00 - 16,981.42 5,000.00 - - 11,000.00 56,000.00 (64,350.48) 48 Gain or Loss on Disposition ----------- 56 Benefits ----------- 68 Depreciation ----------- Revenue Total: 1,781,753.94 20,296,483.35 27,955,000.00 483,527.15 4,471,772.92 5,721,000.00 822,142.78 6,713,275.92 12,374,000.00 46,050,000.00 14,568,467.81 Program: 1000 - Board of Directors ----- 51 Labor 6,930.00$ 50,557.50$ 94,500.00$ 2,970.00$ 21,667.50$ 40,500.00$ -$ -$ -$ 135,000.00$ 62,775.00$ 56 Benefits 4,157.55 33,317.78 61,600.00 1,781.80 14,278.92 26,400.00 - - - 88,000.00 40,403.30 62 Materials and Supplies --1,400.00 - - 600.00 - - - 2,000.00 2,000.00 63 Contract Services 10,500.00 70,000.00 156,800.00 4,500.00 30,000.00 67,200.00 - - - 224,000.00 124,000.00 65 Professional Development 44.54 10,210.12 17,500.00 - 2,915.63 7,500.00 - - - 25,000.00 11,874.25 Program: 1000 - Board of Directors Total: 21,632.09 164,085.40 331,800.00 9,251.80 68,862.05 142,200.00 ---474,000.00 241,052.55 Program: 2000 - General Administration ----- 51 Labor 28,720.43 214,361.48 367,500.00 12,308.77 91,755.23 157,500.00 - - - 525,000.00 218,883.29 52 Temporary Labor - - 21,000.00 - - 9,000.00 - - - 30,000.00 30,000.00 53 Overtime 170.54 525.90 2,800.00 73.08 225.36 1,200.00---4,000.00 3,248.74 56 Benefits 10,282.85 157,815.90 237,300.00 3,504.49 59,998.08 101,700.00 - - - 339,000.00 121,186.02 62 Materials and Supplies - 910.32 4,900.00 - 390.11 2,100.00---7,000.00 5,699.57 63 Contract Services 19,165.65 135,370.81 221,200.00 8,213.85 58,016.09 94,800.00 - - - 316,000.00 122,613.10 64 Utilities 116.63 880.30 4,200.00 49.98 377.26 1,800.00---6,000.00 4,742.44 65 Professional Development 3,262.00 70,759.49 102,900.00 1,398.00 30,325.50 44,100.00 - - - 147,000.00 45,915.01 Program: 2000 - General Administration Total: 61,718.10 580,624.20 961,800.00 25,548.17 241,087.63 412,200.00 ---1,374,000.00 552,288.17 Program: 2100 - Human Resources -- -- -- 51 Labor 15,756.72 119,728.90 214,900.00 6,752.88 51,034.76 92,100.00 - - - 307,000.00 136,236.34 52 Temporary Labor ----------- 53 Overtime - 1,047.94 2,100.00 - 435.23 900.00 - - - 3,000.00 1,516.83 56 Benefits 4,552.74 113,760.31 123,900.00 1,951.13 48,396.81 53,100.00 - - - 177,000.00 14,842.88 62 Materials and Supplies 38.07 1,143.69 4,900.00 16.31 490.14 2,100.00---7,000.00 5,366.17 63 Contract Services 3,328.18 66,620.12 87,500.00 1,426.35 26,862.94 37,500.00 - - - 125,000.00 31,516.94 64 Utilities 40.51 315.58 700.00 17.36 135.25 300.00 - - - 1,000.00 549.17 65 Professional Development 420.00 31,048.79 46,900.00 180.00 13,263.66 20,100.00 - - - 67,000.00 22,687.55 67 Other 8,116.27 1,191,119.87 697,700.00 3,478.41 351,325.87 286,300.00 - 8,811.29 267,000.00 1,251,000.00 (300,257.03) Program: 2100 - Human Resources Total: 32,252.49 1,524,785.20 1,178,600.00 13,822.44 491,944.66 492,400.00 -8,811.29 267,000.00 1,938,000.00 (87,541.15) Program: 2200 - Public Affairs -- -- -- 51 Labor 35,786.24 270,588.23 412,300.00 15,336.96 115,966.34 176,700.00 - - - 589,000.00 202,445.43 52 Temporary Labor ----------- 53 Overtime 575.08 4,753.39 11,900.00 246.46 2,037.17 5,100.00 - - - 17,000.00 10,209.44 56 Benefits 9,107.40 122,185.85 170,100.00 3,903.08 52,364.72 72,900.00 - - - 243,000.00 68,449.43 62 Materials and Supplies 30.97 64,227.87 91,000.00 13.28 24,038.81 39,000.00 - - - 130,000.00 41,733.32 63 Contract Services 9,693.68 152,115.01 477,400.00 4,094.45 145,335.17 204,600.00 - - - 682,000.00 384,549.82 64 Utilities 187.84 11,137.34 26,600.00 80.50 11,680.15 11,400.00 - - - 38,000.00 15,182.51 65 Professional Development 57.79 9,848.79 27,300.00 24.77 4,220.91 11,700.00 - - - 39,000.00 24,930.30 Program: 2200 - Public Affairs Total: 55,439.00 634,856.48 1,216,600.00 23,699.50 355,643.27 521,400.00 ---1,738,000.00 747,500.25 Program: 2300 - Conservation -- -- -- 51 Labor 7,921.60 64,940.70 107,000.00 - - - - - - 107,000.00 42,059.30 52 Temporary Labor ----------- 53 Overtime - 2,562.14 7,000.00------7,000.00 4,437.86 56 Benefits 2,805.48 21,247.89 40,000.00------40,000.00 18,752.11 62 Materials and Supplies 12,755.94 45,428.69 278,000.00 - - - - - - 278,000.00 232,571.31 63 Contract Services 7,058.35 129,786.65 442,000.00 - - - - - - 442,000.00 312,213.35 64 Utilities 30.58 12,566.93 26,000.00------26,000.00 13,433.07 65 Professional Development - 6,952.64 17,000.00------17,000.00 10,047.36 Program: 2300 - Conservation Total: 30,571.95 283,485.64 917,000.00 ------917,000.00 633,514.36 Program: 3000 - Finance -- -- -- 51 Labor 31,873.69 259,262.47 490,000.00 13,535.13 111,292.38 210,000.00 - - - 700,000.00 329,445.15 52 Temporary Labor ----------- 53 Overtime 435.08 2,968.92 9,100.00 186.46 1,272.36 3,900.00 - - - 13,000.00 8,758.72 56 Benefits 9,420.22 146,720.70 222,600.00 4,020.19 62,916.31 95,400.00 - - - 318,000.00 108,362.99 62 Materials and Supplies -2,337.77 8,400.00 - 1,001.93 3,600.00 - - - 12,000.00 8,660.30 63 Contract Services 875.00 47,541.23 80,500.00 375.00 20,037.08 34,500.00 - - - 115,000.00 47,421.69 64 Utilities 185.06 1,348.47 2,800.00 79.31 577.91 1,200.00---4,000.00 2,073.62 65 Professional Development 87.50 5,481.14 21,000.00 37.50 2,349.03 9,000.00 - - - 30,000.00 22,169.83 67 Other ----------- Program: 3000 - Finance Total: 42,876.55 465,660.70 834,400.00 18,233.59 199,447.00 357,600.00 ---1,192,000.00 526,892.30 Month Ended February 28, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Page 4 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended February 28, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 3200 - Information Technology -- -- -- 51 Labor 20,280.97 158,971.80 266,000.00 8,691.83 71,106.68 114,000.00 - - - 380,000.00 149,921.52 52 Temporary Labor ----------- 53 Overtime - 301.39 --129.17-----(430.56) 56 Benefits 6,270.60 115,697.22 148,400.00 2,687.37 50,194.52 63,600.00 - - - 212,000.00 46,108.26 62 Materials and Supplies 1,314.76 39,614.79 32,200.00 563.46 16,977.80 13,800.00 - - - 46,000.00 (10,592.59) 63 Contract Services 5,189.04 177,892.86 483,700.00 2,223.87 76,051.13 207,300.00 - - - 691,000.00 437,056.01 64 Utilities 2,019.10 13,044.61 8,400.00 865.33 5,590.54 3,600.00 - - - 12,000.00 (6,635.15) 65 Professional Development - 450.39 10,500.00 - 193.01 4,500.00 - - - 15,000.00 14,356.60 Program: 3200 - Information Technology Total: 35,074.47 505,973.06 949,200.00 15,031.86 220,242.85 406,800.00 ---1,356,000.00 629,784.09 Program: 3300 - Customer Service -- -- -- 51 Labor 15,522.96 123,087.99 213,200.00 11,642.23 91,949.23 159,900.00 11,642.19 89,571.39 159,900.00 533,000.00 228,391.39 52 Temporary Labor 1,750.52 14,874.83 -1,312.89 11,156.16 -1,312.89 11,156.14 - -(37,187.13) 53 Overtime 311.17 4,271.49 2,800.00 233.38 3,181.19 2,100.00 233.37 2,972.28 2,100.00 7,000.00 (3,424.96) 56 Benefits 5,852.04 70,119.31 122,800.00 4,389.13 52,484.88 92,100.00 4,388.81 51,882.52 92,100.00 307,000.00 132,513.29 62 Materials and Supplies 41.21 1,516.72 2,800.00 30.90 1,137.53 2,100.00 30.90 1,137.55 2,100.00 7,000.00 3,208.20 63 Contract Services 22,424.34 219,039.62 286,000.00 16,818.27 163,492.28 214,500.00 16,818.24 163,264.41 214,500.00 715,000.00 169,203.69 64 Utilities 5,029.49 45,959.96 64,400.00 3,772.12 34,469.96 48,300.00 3,772.13 34,469.97 48,300.00 161,000.00 46,100.11 65 Professional Development - 701.30 7,600.00 - 525.98 5,700.00 - 525.97 5,700.00 19,000.00 17,246.75 67 Other 15.08 6,562.66 2,400.00 1.96 45.69 1,800.00 - - 1,800.00 6,000.00 (608.35) Program: 3300 - Customer Service Total: 50,946.81 486,133.88 702,000.00 38,200.88 358,442.90 526,500.00 38,198.53 354,980.23 526,500.00 1,755,000.00 555,442.99 Program: 3400 - Meter Service -- -- -- 51 Labor 12,061.82 96,612.54 164,000.00 - 447.84 - - - - 164,000.00 66,939.62 53 Overtime 114.21 2,089.28 6,000.00------6,000.00 3,910.72 56 Benefits 5,032.99 55,924.29 96,000.00 - 299.41 ----96,000.00 39,776.30 62 Materials and Supplies --4,000.00------4,000.00 4,000.00 63 Contract Services 203.30 954.80 7,000.00------7,000.00 6,045.20 64 Utilities 154.98 844.53 1,000.00------1,000.00 155.47 65 Professional Development ----------- Program: 3400 - Meter Service Total: 17,567.30 156,425.44 278,000.00 -747.25 ----278,000.00 120,827.31 Program: 4000 - Engineering -- -- -- 51 Labor 25,186.72 229,938.37 467,600.00 10,328.88 98,025.65 200,400.00 - - - 668,000.00 340,035.98 52 Temporary Labor ----------- 53 Overtime - - 2,100.00 - - 900.00 - - - 3,000.00 3,000.00 56 Benefits 7,058.72 52,653.16 135,100.00 3,025.07 22,651.38 57,900.00 - - - 193,000.00 117,695.46 62 Materials and Supplies -2,328.19 13,300.00 - 771.85 5,700.00 - - - 19,000.00 15,899.96 63 Contract Services 852.66 30,881.08 357,700.00 346.50 12,630.67 153,300.00 - - - 511,000.00 467,488.25 64 Utilities 4,321.51 25,301.06 130,900.00 72.13 25,665.04 56,100.00 - - - 187,000.00 136,033.90 65 Professional Development - 4,668.57 19,600.00 - 1,433.40 8,400.00 - - - 28,000.00 21,898.03 Program: 4000 - Engineering Total: 37,419.61 345,770.43 1,126,300.00 13,772.58 161,177.99 482,700.00 ---1,609,000.00 1,102,051.58 Program: 5000 - Water Production -- -- -- 51 Labor 57,385.53 468,502.33 781,000.00 - - - - - - 781,000.00 312,497.67 53 Overtime 872.89 20,998.55 70,000.00------70,000.00 49,001.45 54 Standby 1,160.00 8,542.00 15,000.00------15,000.00 6,458.00 56 Benefits 17,145.19 277,076.80 404,000.00 - - - - - - 404,000.00 126,923.20 61 Water Supply 915.00 409,796.00 286,000.00 - - - - - - 286,000.00 (123,796.00) 62 Materials and Supplies 1,718.19 158,282.51 335,000.00 - - - - - - 335,000.00 176,717.49 63 Contract Services (163,261.89)112,806.30 461,000.00 - - - - - - 461,000.00 348,193.70 64 Utilities 190,682.32 2,190,302.85 2,564,000.00 - - - - - - 2,564,000.00 373,697.15 65 Professional Development 177.96 10,864.89 11,000.00------11,000.00 135.11 Program: 5000 - Water Production Total: 106,795.19 3,657,172.23 4,927,000.00 ------4,927,000.00 1,269,827.77 Program: 5100 - Water Treatment -- -- -- 51 Labor 20,076.80 134,047.39 261,000.00 - - - - - - 261,000.00 126,952.61 53 Overtime 4,121.11 42,576.84 39,000.00------39,000.00 (3,576.84) 56 Benefits 6,656.76 108,122.79 159,000.00 - - - - - - 159,000.00 50,877.21 62 Materials and Supplies (7,414.40)217,906.79 170,000.00 - - - - - - 170,000.00 (47,906.79) 63 Contract Services (13,716.58)134,990.55 149,000.00 - - - - - - 149,000.00 14,009.45 64 Utilities 15,983.40 98,131.15 182,000.00 - - - - - - 182,000.00 83,868.85 Program: 5100 - Water Treatment Total: 25,707.09 735,775.51 960,000.00 ------960,000.00 224,224.49 Program: 5200 - Water Quality -- -- -- 51 Labor 16,051.20 135,781.78 238,000.00 - - - - - - 238,000.00 102,218.22 53 Overtime 47.51 2,795.71 12,000.00------12,000.00 9,204.29 56 Benefits 4,334.79 62,458.87 114,000.00 - - - - - - 114,000.00 51,541.13 62 Materials and Supplies 1,918.59 15,045.67 20,000.00------20,000.00 4,954.33 63 Contract Services 10,940.12 66,482.83 165,000.00 - - - - - - 165,000.00 98,517.17 64 Utilities --2,000.00------2,000.00 2,000.00 65 Professional Development - 1,710.29 6,000.00------6,000.00 4,289.71 Program: 5200 - Water Quality Total: 33,292.21 284,275.15 557,000.00 ------557,000.00 272,724.85 Page 5 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended February 28, 2023 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 6000 - Field Maintenance Administration -- -- -- 51 Labor 13,244.74 104,697.08 180,900.00 1,458.36 13,590.05 20,100.00 - - - 201,000.00 82,712.87 52 Temporary Labor ----------- 53 Overtime - 1,144.08 1,800.00 - 127.12 200.00 - - - 2,000.00 728.80 54 Standby 1,472.00 15,743.18 18,000.00 108.00 1,235.92 2,000.00 - - - 20,000.00 3,020.90 56 Benefits 6,052.09 90,957.71 126,000.00 649.55 10,376.05 14,000.00 - - - 140,000.00 38,666.24 62 Materials and Supplies - 47.88 2,700.00 - - 300.00 - - - 3,000.00 2,952.12 63 Contract Services 42.35 2,480.41 900.00 4.70 386.45 100.00 - - - 1,000.00 (1,866.86) 64 Utilities 3,092.86 22,771.91 36,900.00 343.65 2,399.92 4,100.00 - - - 41,000.00 15,828.17 65 Professional Development 349.98 6,911.77 21,600.00 - 1,130.03 2,400.00 - - - 24,000.00 15,958.20 Program: 6000 - Field Maintenance Administration Total 24,254.02 244,754.02 388,800.00 2,564.26 29,245.54 43,200.00 ---432,000.00 158,000.44 Program: 6100 - Water Maintenance -- -- -- 51 Labor 82,472.34 668,502.08 1,153,000.00 - - - - - - 1,153,000.00 484,497.92 53 Overtime 22,133.91 225,756.09 219,000.00 - - - - - - 219,000.00 (6,756.09) 56 Benefits 29,558.71 400,498.57 602,000.00 - - - - - - 602,000.00 201,501.43 62 Materials and Supplies 73,902.53 612,169.18 471,000.00 - - - - - - 471,000.00 (141,169.18) 63 Contract Services 29,358.18 362,001.21 637,000.00 - - - - - - 637,000.00 274,998.79 64 Utilities -3,645.00--------(3,645.00) Program: 6100 - Water Maintenance Total: 237,425.67 2,272,572.13 3,082,000.00 ------3,082,000.00 809,427.87 Program: 6200 - Wastewater Maintenance -- -- -- 51 Labor ---27,440.99 208,563.60 362,000.00 ---362,000.00 153,436.40 53 Overtime ---4,313.82 20,876.26 9,000.00---9,000.00 (11,876.26) 56 Benefits ---10,770.09 71,967.02 196,000.00 - - - 196,000.00 124,032.98 62 Materials and Supplies ---2,565.27 9,681.50 36,000.00 - - - 36,000.00 26,318.50 Wastewater Treatment -----7,610,000.00 - - - 7,610,000.00 7,610,000.00 63 Contract Services ---(25,472.04)220,824.62 (7,333,000.00)---(7,333,000.00)(7,553,824.62) Program: 6200 - Wastewater Maintenance Total: - - - 19,618.13 531,913.00 880,000.00 ---880,000.00 348,087.00 Program: 6300 - Water Reclamation -- -- -- 51 Labor ------32,566.08 289,310.60 820,000.00 820,000.00 530,689.40 53 Overtime ------382.884,851.90 3,000.00 3,000.00 (1,851.90) 54 Standby ----------- 56 Benefits ------10,828.82 192,455.64 473,000.00 473,000.00 280,544.36 62 Materials and Supplies -------1,079.85 657,000.00 657,000.00 655,920.15 63 Contract Services ------623,109.91 5,678,085.58 5,935,000.00 5,935,000.00 256,914.42 64 Utilities ------13,210.33 123,653.85 280,000.00 280,000.00 156,346.15 65 Professional Development --------12,000.00 12,000.00 12,000.00 Program: 6300 - Water Reclamation Total:------680,098.02 6,289,437.42 8,180,000.00 8,180,000.00 1,890,562.58 Program: 7000 - Facilities Maintenance -- -- -- 51 Labor 7,380.10 60,744.95 101,500.00 3,147.62 25,308.19 40,600.00 4,344.92 33,536.31 60,900.00 203,000.00 83,410.55 53 Overtime 1,243.50 8,856.83 7,000.00 360.05 2,441.65 2,800.00 196.72 909.83 4,200.00 14,000.00 1,791.69 56 Benefits 2,903.88 56,259.60 55,000.00 1,162.32 16,749.31 22,000.00 1,500.78 19,865.88 33,000.00 110,000.00 17,125.21 62 Materials and Supplies 4,153.11 25,656.56 37,000.00 892.40 6,200.81 8,400.00 2,262.70 45,338.81 12,600.00 58,000.00 (19,196.18) 63 Contract Services 25,824.88 466,981.98 595,600.00 6,793.78 160,200.12 215,500.00 29,890.11 337,610.12 240,900.00 1,052,000.00 87,207.78 64 Utilities 9,870.76 96,074.03 92,000.00 2,734.58 29,874.95 32,400.00 10,214.43 76,771.24 48,600.00 173,000.00 (29,720.22) 65 Professional Development - - 500.00 - - 200.00 - - 300.00 1,000.00 1,000.00 Program: 7000 - Facilities Maintenance Total: 51,376.23 714,573.95 888,600.00 15,090.75 240,775.03 321,900.00 48,409.66 514,032.19 400,500.00 1,611,000.00 141,618.83 --- Program: 7100 - Fleet Maintenance -- -- -- 51 Labor 6,051.46 48,597.39 81,900.00 672.38 5,399.66 9,100.00 - - - 91,000.00 37,002.95 53 Overtime - 794.19 2,700.00 - 88.24 300.00 - - - 3,000.00 2,117.57 56 Benefits 1,665.41 12,931.37 49,500.00 185.06 1,436.83 5,500.00 - - - 55,000.00 40,631.80 62 Materials and Supplies 14,895.96 90,390.91 95,400.00 1,655.12 14,995.34 10,600.00 - - - 106,000.00 613.75 63 Contract Services 22,209.80 152,874.41 216,900.00 1,430.34 16,036.55 24,100.00 - - - 241,000.00 72,089.04 64 Utilities 17,089.51 151,423.33 180,900.00 1,898.84 16,824.78 20,100.00 - - - 201,000.00 32,751.89 65 Professional Development - - 3,600.00 - - 400.00 - - - 4,000.00 4,000.00 Program: 7100 - Fleet Maintenance Total: 61,912.14 457,011.60 630,900.00 5,841.74 54,781.40 70,100.00 ---701,000.00 189,207.00 --- Program: 8000 - Capital ----- 71 Debt Service - 1,741,787.78 3,080,000.00 - 224,894.00 274,000.00 - - - 3,354,000.00 1,387,318.22 81 Capital Improvement 246,842.37 3,824,211.30 5,425,000.00 7,150.00 351,674.80 315,000.00 - - - 5,740,000.00 1,564,113.90 82 Capital Outlay 3,120.00 228,876.01 720,000.00 3,120.00 60,976.42 475,000.00 - - - 1,195,000.00 905,147.57 83 Accounting Income Add back (246,842.37)(5,085,168.30)-(7,150.00)(526,674.80)-----5,611,843.10 88 Transfer to Reserves --------3,000,000.00 3,000,000.00 3,000,000.00 99 Transfer from Reserves --(1,200,000.00)------(1,200,000.00)(1,200,000.00) Program: 8000 - Capital Total: 3,120.00 709,706.79 8,025,000.00 3,120.00 110,870.42 1,064,000.00 --3,000,000.00 12,089,000.00 11,268,422.79 Total Surplus (Deficit):852,373.02$ 6,072,841.54$ -$ 279,731.45$ 1,406,591.93$ -$ 55,436.57$ (453,985.21)$ -$ -$ (7,025,448.26)$ Page 6 of 6 Agenda Item #3a March 22, 20231 Meeting Date: March 22, 2023 Agenda Item #3a Informational Item 7 2 4 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Water and Wastewater Pathway and Educational Partnership Update RECOMMENDATION This agenda item is for informational purposes only, no action required. BACKGROUND / ANALYSIS The East Valley Water District (District) vision is based on providing leadership and world-class public service to our community. As a leader in the water and wastewater industry, the District strives to find the best talent to enter the workforce. Partnering with our local schools can provide a much-needed source of talent to the water/wastewater industry. The District launched a partnership with the San Bernardino City Unified School District (SBCUSD) in February 2020 with the commencement of the first Water and Resource Management Pathway (Pathway) class at Indian Springs High School. The class was intended to include in-person interactions with District staff throughout the school year. The COVID Pandemic required remote learning and the students were never able to attend a District tour or experience the in-class speaking engagements. The District and the SBCUSD realized that we had to adapt to these challenges and came up with ways to keep the Pathway and other educational partnerships going throughout the Pandemic. During the Pandemic, the Pathway was altered to a virtual format. These approaches were successful, and several students completed the required courses at San Bernardino Valley College. In March 2021, the District partnered with the Harbor Freight Fellows Program to sponsor paid internships. The District had three virtual internship graduates from this semester’s participants and later hired one of the former interns for a full-time Field Service Worker position. The District Internship Program was adopted by the District Board of Directors in August 2021. Internships continued virtually until March 2022. With the return of in-person schooling, the SBCUSD and District have been discussing Agenda Item #3a March 22, 20232 Meeting Date: March 22, 2023 Agenda Item #3a Informational Item 7 2 4 improvements to the Pathway program to educate students on the various careers in the water/wastewater industry. The program would benefit the District with a potential talented and local workforce. The soon to be completed Sterling Natural Resource Center provides a strategic location to demonstrate a variety of careers in the water/wastewater industry. The facility was built with an education center to provide both a classroom and hands-on learning opportunity for students and interns. A review of Pathway and Internship Programs were completed with SBCUSD to determine improvements to the Pathway Program. A revised Pathway Program partners with local schools that have existing career programs. Partnering with schools that have existing programs will allow for four-year experiences for students from their freshmen to senior years as listed below: Freshman Year – 9th Grade: •1st exposure to water industry careers •Monthly speaking engagements o District staff members from a variety of departments will engage students in the classroom and give an overview of their department’s responsibilities, their specific job at the District, and the background on their career journey. There will be eight monthly speakers throughout the school year. o 9th Grade students are learning about technical calculations and math applicable to construction and utilities at this time, so District staff will tie in their presentations to this subject matter. Sophomore Year – 10th Grade: •District On-Site Field Trip o Field trips to the Sterling Natural Resource Center will be scheduled after Winter Break where students will receive a well-rounded overview of careers in the water industry with specific focus on STEM-related careers. Brief presentations will be given by various departments and the students will attend an equipment demonstration given by the Operations Team. o 10th grade students are learning about career exploration and specific technical skills. Some of the technical skills they are currently learning include GIS Mapping and utilizing the Sketchup 3D modeling program. District staff will tie in how the District utilizes GIS, modeling programs, and more when speaking to the students. Agenda Item #3a March 22, 20233 Meeting Date: March 22, 2023 Agenda Item #3a Informational Item 7 2 4 Junior Year – 11th Grade: •Hands-on, work-based learning o District staff members will conduct hands-on learning with students through water utility labs in the classroom and onsite at District locations in small groups. o 11th grade focuses heavily on an introduction to trades, including construction, utilities, reading and working with blueprints, and more. The District will create labs for students tying in these focus areas and will include water maintenance, water treatment, water quality, and more. Senior Year – 12th Grade: •Career Readiness o District staff members will work with students on their career readiness skills. o There is a heavy employment focus for 12th grade students along with some trades-focused learning. District staff will work with students on job applications, resume preparation, dressing for success, and mock interviews. Staff will also share on-the-job do’s and don'ts with the students to help them prepare for success in their youth-jobs and future careers. •Certification Readiness o District staff will work with students, in groups or individually, who have shown a strong interest in pursuing a career in the water/wastewater industry. This will include providing guidance on Water Technology courses at local community colleges and sharing information on how to obtain state water and wastewater certifications. Students that complete the Pathway program will be eligible for a paid summer internship at the District. Students interested in an internship will complete an internship application and go through an interview process. The selected interns will primarily be located at the Sterling Natural Resource Center and rotate through a variety of career opportunities. Upon completion of the internship, the interns will celebrate with a refreshment reception and will receive a Certificate of Internship Completion that can be included in future job application packets. They will also receive priority interviews for future District job openings, if they meet the recruitment requirements, and will know that they have lifelong mentors at the District. Agenda Item #3a March 22, 20234 Meeting Date: March 22, 2023 Agenda Item #3a Informational Item 7 2 4 In addition to the Pathway Program, staff has committed to continuing current educational partnerships such as the Claremont McKenna College Data Science Program, attendance at school career days and job fairs, job shadowing opportunities, and will place a strong focus on outreach and recruiting at additional local schools to spread the word about water industry careers and help provide students with career readiness skills. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership C. Strengthen Regional, State and National Partnerships III - Deliver Public Service with Purpose While Embracing Continuous Growth D. Embrace an Environment of Active Learning and Knowledge Sharing Through State-of-the-Art Data Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance and Human Resources Committee. FISCAL IMPACT This item is funded in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Kerrie Bryan Director of Administrative Services ATTACHMENTS Presentation Kerrie Bryan, Director of Administrative Services WATER AND WASTEWATER PATHWAY UPDATE 2023 March 22, 2023 •Partnered with San Bernardino City Unified School District •Water and Resource Management Pathway at Indian Springs High School •Dual Enrollment Courses Available Through San Bernardino Valley College’s Water Technology Program 2 LAUNCHING THE PROGRAM Established February 2020 3 ADAPTING THE PATHWAY PROGRAM TO THE PANDEMIC Staff Hosted Virtual Mentoring With Students District Created Instructional Videos Virtual Pathway Program Continued Virtual Learning Began March 2020 4 PATHWAY INTERNSHIP PROGRAM TIMELINE Virtual Internships Began* March 2021 District Adopted In-House Internship Program August 2021 Internships Conducted Via Virtual Instruction, Videos, and Hand’s -On Home Learning Fall 2021 1st In-Person Internship Spring Break March 2022 *Sponsored by the Harbor Freight Fellowship Initiative PATHWAY REVIEW 5 6 PATHWAY PROGRAM: WHAT’S WORKING •District Staff Instruction •Career Exploration •On-Site Tours for Students •Hands-On Projects •Paid Internships 7 •Insufficient Resources/Participation for Stand-Alone Pathway •Juggling College Courses with Full Schedule •Mandatory high school classes •Extracurricular activities •Part-time jobs •Not Enough Available Time in Schedules to Complete Internship Hours PATHWAY PROGRAM: WHAT NEEDS RESTRUCTURING REVISED PATHWAY AND INTERNSHIP PROGRAM 8 9 •Expand on Current Related Pathways and Academies •CORE Academy –Arroyo Valley High School •Construction Trades Pathway –San Gorgonio High School •4-Year experiences for students from freshman to senior year •Outreach and Recruit at Other Local Schools/Community Organizations •Field trips •Job shadowing •In-class speakers •Career exploration POWER OF PARTNERSHIPS 10 SUMMER INTERNSHIP PROGRAM •Open to Pathway Participants and Other Local High School Students •Number of Interns Per Summer Based on Annual Budget Allocation •Career Readiness and Hands-On Work Experiences •Internship conducted from SNRC facilities •Variety of departments and operational areas •Internship Application and Interview AVHS Field Trip January 2023 •Celebrate Achievement •During the celebration, participants receive a Certificate of Internship Completion •Work Experience Provided at the SNRC Facility will Offer Future Career Opportunities •Participants will Receive Priority Interviews for District Job Openings •Participants will Have Lifelong Mentors in East Valley Water District Staff 11 SUMMER INTERNSHIP COMPLETION DISCUSSION Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4a 1 March 22, 2023 7 1 5 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of Sewer Ordinance No. 404 East Valley Water District Sewer Regulations and Service Change Ordinance, Public Hearing RECOMMENDATION That the Board of Directors adopt Sewer Ordinance No. 404 to update the existing ordinance to establish a Source Control/Pretreatment Program required for wastewater treatment at Sterling Natural Resources Center. BACKGROUND / ANALYSIS Title 40 Section 403 of the Code of Federal Regulations (CFR) establishes the responsibilities of wastewater agencies to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTW) or which may contaminate sewage sludge. Historically, the East Valley Water District (District) has relied on the City of San Bernardino Municipal Water Department’s (SBMWD) Pretreatment Program for sewage generated in the District’s service area, which was treated at SBMWD’s facility. In November 2017, the District and SBMWD entered into a Settlement Agreement to transition sewer treatment responsibilities to the District following the completion of the Sterling Natural Resource Center (SNRC). Pursuant to Title 40 CFR 403, the transition of treatment responsibilities requires the establishment of a pretreatment program, also known as a source control program, which includes a fats, oils and grease (FOG) program. Staff has worked with various permitting consultants and FOG program specialists to develop the necessary documents that will establish the District’s Pretreatment Program. Including an update to the existing Sewer Ordinance to establish the District’s authority to establish limits, conditions and prohibitions to establish flow rates or prohibit flows discharged to the District’s sewerage facility and other administrative modifications. Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4a 2 March 22, 2023 7 1 5 The Regional Water Quality Control Board, which is providing the required permit for SNRC, has requested that the pretreatment program be in place and effective prior to the issuance of the required permits for SNRC operations. The time between obtaining these permits and the initiation of operations of SNRC for the treatment of sewage may be several months. During this time, SBMWD will maintain responsibility for the pretreatment program until a mutually agreed upon “service date,” which reflects the date that all flow is transitioned to SNRC facilities. To limit confusion to customers regarding the various regulations that may be in place, the Sewer Ordinance 404 specifies that items related to the District’s Pretreatment Program will become applicable when SNRC is fully operational. Until that time, the existing SBMWD pretreatment program will be the active program. Staff has added trigger language to the various documents to reflect the timing complexity and overlap of the two programs. AGENCY GOALS AND OBJECTIVES I -Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources C. Strengthen Regional, State and National Partnerships IV -Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services B. Enhance Planning Efforts that Respond to Future Demands D. Enable Fact-Based Decision Making REVIEW BY OTHERS This agenda item has been reviewed by the Executive Management Team. FISCAL IMPACT This item has no direct costs associated with the adoption of the Ordinance, SSMP and ERP. Subsequent activities will be undertaken by the District to implement the Pretreatment Program, including staff time, contract services, administrative costs, and revenues for program fees. Future costs will be addressed in future budgeting activity and presented to the Board for approval. Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4a 3 March 22, 2023 7 1 5 Recommended by: Michael Moore General Manager/CEO Respectfully submitted: Rocky Welborn Water Reclamation Manager ATTACHMENTS Draft Ordinance 404, with highlighting to indicate changes (green highlights) or additions (yellow highlights) to the previous Ordinance 400 Ordinance 404 1 ORDINANCE NO. 404 AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT, RESCINDING ORDINANCE 400 ENTITLED “AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS, THE INSTALLATION AND CONNECTION OF BUILDING AND LATERAL SEWERS, PUBLIC SEWER MAIN EXTENSIONS, ESTABLISHING A SEWER DEPARTMENT, PROVIDING PERMITS FOR THE INSTALLATION AND CONNECTION OF SANITARY SEWERS, PROVIDING SEWERS FOR ANNEXED AREAS AND SUBDIVISIONS, REGULATING THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM, PROVIDING RELIEF FOR THE VIOLATION OF THE PROVISIONS THEREOF AND PROVIDING PROCEDURES FOR ENFORCEMENT”. Be it ordained by the Board of Directors of the East Valley Water District, as follows, that Ordinance No. 400 is hereby rescinded, and this Ordinance 404 is enacted as follows: SECTION 1. INDEX Section 1 Index 1 Section 2 General Provisions 2 Section 3 Definitions 3 Section 4 Sewer Department 7 Section 5 General Rules 8 Section 6 Required Use of Public Sewers 11 Section 7 Use of Public Sewers 14 Section 8 Application for Sewer Service 16 Section 9 General and Specific Prohibitions 37 Section 10 Specific Pollutant Limitations 42 Section 11 Industrial Wastewater Discharge Permits 47 Section 12 Pretreatment Facility Requirements 53 Section 13 Record Keeping and Reporting Requirements 64 Section 14 Inspection 70 Section 15 Enforcement 71 Section 16 Miscellaneous Provisions 72 Ordinance 404 2 Section 17 Customer Billing Procedures 74 Section 18 Complaints and Disputed Bills 76 Section 19 Disconnection for Non-Payment 77 Section 20 Adding Delinquent Charges to Tax Roll 78 Section 21 Charges and Deposits 79 Section 22 Effective Date 83 Ordinance 404 3 SECTION 2. GENERAL PROVISIONS 2.01 Short Title - This Ordinance may be cited as "East Valley Water District Sewer Regulations and Service Charge Ordinance". 2.02 Purpose - This Ordinance is intended to provide rules and regulations for the construction, repair and use of District sewerage facilities, to establish the rates and charges for such facilities and provide for their enforcement by providing penalties for the introduction of pollutant into the District’s publicly owned treatment works (POTW) that will pass through the POTW, inadequately treated, into groundwaters, atmosphere, or otherwise be incompatible with the system, resulting in adverse operations and/or violations of the Districts Permits. Specific pollutants and pretreatment considerations include addressing: •Fats, oils, and grease (FOG) in quantities that contribute to or cause sanitary sewer overflows (SSOs) through the development and implementation of a FOG Pretreatment Program, •Mercury-containing amalgams through the implementation of best management practices (BMPs) for amalgam separators, and •General BMPs for reducing the amount of pollutants entering the District’s sewer system. The District shall seek the cooperation of the users of the collection system to ensure compliance with this Ordinance. Reasonable approaches shall be utilized to correct non-compliance when applying applicable regulations without compromising the intent, purpose and policies of this Ordinance; The District shall implement its most recent approved Sewer System Management Plan, to control and reduce the occurrence and impact of SSOs; The District shall adopt more stringent quality requirements on wastewater discharges regulated by 40 CFR, Chapter I, Subchapter N, Parts 405-471, in the event that more stringent quality requirements are necessary to protect beneficial use of reclaimed water and municipal sludge or to meet other waste discharge requirements and/or Waste Discharge Requirements Limits; Ordinance 404 4 The District shall encourage conservation and pollution prevention through source control strategies, which reduce the amount of pollutants entering the environment, prior to recycling, pretreatment, or disposal; The District shall use the revenues derived from the application of this Ordinance to defray the cost of regulating sewer usage to include, but not be limited to, administration, monitoring, permitting, reporting, and enforcement; All fees associated with the implementation of this Ordinance and provisions of the Pretreatment Program shall be in amounts adopted by Resolution of the District’s Board of Directors, and any amendments thereto; The District shall adopt an Enforcement Response Plan (ERP) that utilizes progressive responses that escalate the level of enforcement for chronic and more severe violations of this Ordinance. The enforcement remedies provided in Section 15 herein represent the types of enforcement actions that may be taken in response to violations. A Resolution of the District’s Board shall be used to adopt the ERP; and Except as otherwise provided, the District’s General Manager, or his designee, shall administer, implement and enforce the provisions of this Ordinance. Any powers granted to, or imposed upon, the General Manager may be delegated by the General Manager to other persons or authorized agents acting in beneficial interest of or in the employ of the District. 2.03 Enabling Statutes - This Ordinance is adopted pursuant to the Article 2, Chapter 6, Part 1, Division 2, Title 5 of the Government Code and pursuant to Division 12 of the Water Code and pursuant to Article 4, chapter 6, Part 3, Division 5 of the Health and Safety Code, California Government Code, Sections 54739-54740, et seq., The Clean Water Act (33 USC §§ et seq.) and the General Pretreatment Regulations (40 CFR 403). All permits and plans will be prepared pursuant to Section 13263.3 of the Water Code. The District’s authority includes, but is not limited to, the right to establish limitations, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the District sewerage facilities; to require the development of compliance schedules for the installation of equipment, systems, and materials by all users; and to take all actions necessary to enforce its authority, Ordinance 404 5 whether within or outside the District boundaries, including those users that are tributary to the District or within areas which the District has been contracted to provide sewerage services. To achieve these objectives, this Ordinance provides for regulation through issuance of Wastewater Discharge Permits to Industrial Users; authorizes inspection, monitoring and enforcement activities; provides for User reporting; and provides for the setting of fees for the equitable distribution of costs for implementing the various provisions of this Ordinance. 2.04 Application - This Ordinance shall apply to all sewer facilities constructed, maintained, and operated by the District. 2.05 Enterprise - District will furnish and/or make available, a system, plant, works, and undertaking used for and useful in, the collection, treatment and disposal of sanitary sewage and industrial waste for the District's service area, including all annexations thereto, and lands, easements, rights in land, contract rights, and franchise. 2.06 Separability - If any section, subsection, sentence, clause, or phrase of this Ordinance or the application thereof to any person or circumstances are for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provision to other persons or circumstances. The governing body hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause, or phrase hereof irrespective of the fact that any one or more section, sub-section, sentences, clauses or phrases be declared to be unconstitutional. 2.07 Words and Phrases - For the purpose of this Ordinance all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number and all words in the singular number shall include the plural number. 2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes of the governing body and certified copies hereof shall be posted in three (3) public places and/or a Ordinance 404 6 newspaper of general circulation in the District service area within ten (10) days following its passage. 2.09 Means of Enforcement - The District hereby declares that the procedures contained herein are established as a means of enforcement of the terms and conditions of its ordinances, rules, and regulations and not as a penalty. 2.10 Notices - Whenever a notice is required to be given under this Ordinance, unless different provisions are specifically made herein, such notice may be made, either by personal delivery thereof to the person to be notified or by deposit in the U.S. Mail in a sealed envelope, postage prepaid, addressed to such person at his last known business or residence address as the name appears in public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving any notice may be made by the certificate of any officer or employee of the District or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Ordinance or other provisions of law applicable to the subject matter concerned. 2.11 Effect of Heading - The title, division or section headings contained in this Ordinance shall not be deemed to govern, limit, or modify in any manner the scope, meaning or intent of any section or subsection of this Ordinance. SECTION 3. DEFINITIONS 3.01 Additional Definitions - For the purposes of this Ordinance, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that they have a different meaning. Terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, Ordinance 404 7 and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms used in this Ordinance shall be as defined in the latest edition of the International Association of Plumbing and Mechanical Officials, Uniform Plumbing Code or the International Conference of Building Officials, Uniform Building Code, except as specifically modified herein, or if inconsistent with the definitions contained herein or with the context thereof, or omitted there from, the following definitions shall prevail. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. 3.02 Amalgam Process Wastewater - Shall mean any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain amalgam. 3.03 Amalgam Separator - Shall mean a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility. 3.04 Applicant - Shall mean the person making application hereunder who must be either (a) the owner of the subject premises, (b) the agent or customer authorized in writing to make application hereunder on behalf of the owner of the subject premises or, (c) a licensed plumber or contractor authorized in writing to make application hereunder for the subject premises. 3.05 Approved Analytical Methods - Shall mean the sampling referred to in 40 CFR Part 403, Appendix E and analysis of these samples performed in accordance with the techniques prescribed in 40 CFR Part 136 and 40 CFR 403.12(g) and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the U.S. Environmental Protection Agency (EPA) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using other applicable sampling and analytical procedures approved by the District and the EPA. Ordinance 404 8 3.06 Authorized Representative of Industrial User - Shall mean: A.A responsible corporate officer, if the User submitting required reports is a corporation, of the level of president, secretary, treasurer, or vice president in charge of a principal business function, or any other person, if the authority to sign documents has been assigned or delegated in accordance with corporate procedures. B.A general partner or proprietor if the User submitting the required reports is a partnership or sole proprietorship respectively; C.The responsible person in charge, if the User is a governmental agency; D.An individual with the same authority as stated in A, B, and C if the individual is responsible for the overall operation of the facility from which the discharge originates and such authorization is confirmed in writing to the General Manager or designee by the individual described in A, B, and C. If authorization under item D of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of item D of this definition must be submitted to the District prior to or together with any reports to be signed by an authorized representative. 3.07 Bathroom - Shall mean a room containing a toilet. 3.08 Best Management Practices (BMPs) - Shall mean the schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce SSOs and the introduction of FOG to the sewer system and those which implement the prohibitions listed in 40 CFR 403.5 (a) (1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage of raw materials storage. 3.09 Biochemical Oxygen Demand (BOD) - Shall mean the quantity of dissolved oxygen required to biochemically oxidize the organic matter in a wastewater sample in five (5) Ordinance 404 9 days at 20°C expressed in terms of milligrams per liter (mg/l) and analyzed in accordance with Approved Analytical Methods. 3.10 Board - Shall mean the Board of Directors of the East Valley Water District. 3.11 Building - Shall mean any structure used for human habitation or a place of business, recreation, or other purpose. 3.12 Building Sewer - Shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility, or preliminary treatment facility, and running to the property line. 3.13 Categorical Industrial User - Shall mean an Industrial User who is subject to Categorical Standards. 3.14 Categorical Standards - Shall mean the Federal Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by existing or new Industrial Users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, Parts 405-471, and as it may be amended. 3.15 Class I User - Shall mean an Industrial User subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub-chapter N; or an Industrial User classified as a Significant Industrial User as specified in 40 CFR 403.3(t)(ii). 3.16 Class II User - Shall mean a Non-Significant Categorical Industrial User with an average discharge between ten thousand (10,000) and twenty-four thousand nine hundred ninety- nine (24,999) gallons per day of industrial wastewater to the POTW. 3.17 Class III User - Shall mean a Non-Significant Industrial User with an average discharge between one (1) and nine thousand nine hundred ninety-nine (9,999) gallons per day of industrial wastewater to the POTW and pretreatment is required to reduce the potential for adversely affecting the operation of the POTW or violating any pretreatment standard, prohibition, or requirement of Section 9. Ordinance 404 10 3.18 Class IV User - Shall mean a Temporary Industrial User that has a temporary need, less than 180 days, to discharge wastewater to the POTW. 3.19 Class V User - Shall mean an Industrial User that performs operations regulated by Federal Categorical Standards with no industrial wastewater discharged to the POTW from the Categorical process(es) (Dry Categorical). 3.20 Class VI User - Shall mean a discharger of trucked or hauled wastewater to the POTW Treatment Plant. 3.21 Collection System - Shall mean all pipes, sewers and conveyance systems carrying wastewater to the Water Reclamation Plant, owned and maintained by the District and/or by tributary Service Areas contracting with the District for sewer service, excluding lateral line connections. 3.22 Commercial - Shall be any discharge not covered by the residential description. This shall include, but not limited to, schools, stores and businesses and others not covered by the residential description. 3.23 Composite Sample - Shall mean a collection of individual samples obtained at selected time or flow-based increments from a wastewater discharge. A composite sample may be collected using automatic continuous or discrete sampling equipment, or by manually collecting a minimum of four grab samples. Where specified by the General Manager, composite samples shall be collected in a manner that is proportional to the flow rate of the discharge. 3.24 Contractor - Shall mean an individual, firm, corporation, partnership, or association duly licensed by the State of California to perform the type of work to be done under the permit. 3.25 Conventional Pollutant – Shall mean any pollutant or combination of pollutants listed as conventional in 40 CFR 401.16. 3.26 County – Shall mean the County of San Bernardino, California. 3.27 Customer – Any person (as defined) supplied with, or entitled to be supplied with sewer service by the District. 3.28 Dental Discharger – Shall mean a facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, Ordinance 404 11 home offices, and facilities owned and operated by Federal, state or local governments, that discharges wastewater to a POTW. 3.29 Dilution – Shall mean the increase in use of water, wastewater, or any other means to dilute a Waste stream as a partial or complete substitute for adequate treatment to achieve discharge requirements. 3.30 Discharger - Shall mean any person who causes or contributes a discharge into the POTW as defined in 40 CFR 403.3(i). 3.31 District - Shall mean the East Valley Water District, San Bernardino County, California. 3.32 Director of Engineering and Operations - Shall be a Registered Civil Engineer of the State of California. 3.33 Dwelling Unit – Shall mean any residence, apartment, habitation, or other structure designed to be occupied by a person or family and requiring sewage disposal service. 3.34 Electrical Conductivity - Shall mean the ability of an aqueous solution to carry an electrical current, expressed in terms of micromhos per centimeter (µmhos/cm) at 25°C, and analyzed in accordance with Approved Analytical Methods. 3.35 Engineering Services - Engineering services provided by the District includes technical and procedural guidance, professional consultant services, project coordination, and plan checking. 3.36 Equivalent Dwelling Unit (EDU) - Shall mean the standard measurement of flow based upon the average single-family residence. 3.37 Exchange-Type Water Conditioning Device - Shall mean a water conditioning device that is removed to a commercial regeneration facility for regeneration from the premises at which it is normally operated. 3.38 Fats, Oils, And Grease (FOG) - Shall mean fats, oils, and grease. Any substance such as a vegetable oil or animal product that is in, or is a byproduct of, cooking or food preparation processes, and that turns or may turn viscous or solidifies with a change in temperature or other condition is included in this definition. 3.39 Financial Officer - Shall be the Treasurer appointed by the Board of Directors. 3.40 Fixture - Shall mean any sink, tub, shower, water closet or other facility connected by drain to the sewer. Ordinance 404 12 3.41 Food Service Establishment (FSE) - Shall mean any commercial, industrial, institutional, or food processing facility discharging kitchen or food preparation wastewaters including, but not limited to, restaurants, commercial kitchens, caterers, motels, hotels, cafeterias, correctional facilities, prisons or jails, cafeterias, care institutions, hospitals, schools, bars, churches, commissaries, and mobile food units. Any establishment engaged in preparing, serving or otherwise making food available for consumption by the public shall be included. Such establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbequing, and other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing. 3.42 Garbage - Shall mean solid wastes from the preparation, cooking, dispensing of food and from the handling, storage, and sale of produce. 3.43 General Manager - Shall mean the General Manager/Chief Executive Officer of the District. 3.44 Governing Body - Shall mean the Board of Directors of the East Valley Water District. 3.45 Grab Sample - Shall mean a sample which is collected from a wastewater discharge over a period of time not exceeding fifteen (15) minutes. 3.46 Gravity Grease Interceptor (GGI) – Shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils, and grease (FOG) from a wastewater discharge and is identified by volume, baffle(s), not less than two compartments, and gravity separation. Gravity grease interceptors are installed outdoors. Approved designs shall be certified to the nationally recognized product standard IAPMO / ANSI Z1001 in accordance with the California Plumbing Code. 3.47 Grease Control Device (GCD) – Shall mean a device designed to remove FOG from wastewater discharges which include gravity grease interceptors, grease removal devices, and hydromechanical grease interceptors. 3.48 Grease Removal Device (GRD) – Shall mean a hydromechanical grease interceptor that automatically, mechanically removes non-petroleum FOG from the interceptor, the control of which are automatically initiated. Approved designs shall be certified to one of the Ordinance 404 13 nationally recognized product standards ASME A112.14.4 or CSA B481.5 in accordance with the California Plumbing Code. 3.49 Hydromechanical Grease Interceptor (HGI) – Shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum FOG from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. Typical designs incorporate air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and one of the following: A. External flow control, with air intake (vent): directly connected. B. External flow control, without air intake (vent): directly connected. C. Without external flow control, directly connected. D. Without external flow control, indirectly connected. Approved designs shall be certified to one the nationally recognized product standards ASME A112.14.3, CSA B481.1, or PDI G101 in accordance with the California Plumbing Code. 3.50 Inspector - Shall mean the person who shall perform the work of inspecting sewerage facilities under the jurisdiction or control of the District. 3.51 Individual Sewage Disposal System - Shall mean a septic tank and on-site disposal system designed for a building to dispose of wastewater generated on the property. 3.52 Hazardous Substance (Hazardous Material) - Shall mean any substance which is toxic, explosive, corrosive, flammable or an irritant, or which generates pressure through heat or decomposition including, but not limited to, any substance determined to be a toxic or hazardous substance pursuant to Section 307 and 311(b)(2) of the Clean Water Act, 33 USC, Section 1251, et. seq., or its implementing regulations at 40 CFR Section 307 and 311 or any substance classified as a hazardous substance pursuant to California Water Code Section 13050(p) and any imminently hazardous chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15 USC, Section 2601, et seq. 3.53 Hazardous Waste - Shall mean any hazardous substance that is either the resultant and/or intermediate or final by-product of any process. 3.54 Industrial User (IU) - Shall mean any User, whether permitted or not, who discharges nondomestic wastewater into the POTW. Households and Private residences shall not be considered as Industrial Users. 3.55 Industrial Wastewater - Shall mean any and all liquid or water borne waste from Ordinance 404 14 industrial or commercial processes of whatever nature, except domestic sewage. 3.56 Interference - Shall mean a discharge which alone or in conjunction with discharge(s) from other sources, both: Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and causes a violation of any requirement of the POTW's Waste Discharge Requirements permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the use or disposal in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. 3.57 Lateral Sewer Connection - Shall mean the pipes and appurtenance necessary to convey wastewater from a customer’s building to the District’s main sewer located within public right-of-way or easement. 3.58 Main Sewer - Shall mean publicly owned sewage collection and conveyance facilities designed to transport wastewater away from customer parcels to water reclamation facilities. 3.59 Manager of Water Reclamation – The Manager, or his authorized Representative, or any District officer who subsequently is empowered to assume or succeed to the duties of the Manager of the Publicly owned treatment works. 3.60 Mass Emission Rate - Shall mean the mass of material discharged to the POTW during a given time interval. Unless otherwise specified, the mass emission rate shall be expressed in pounds per day of a particular constituent or a combination of constituents. 3.61 National Prohibitive Discharge Standard or Prohibitive Discharge Standard - Shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5. 3.62 Nondomestic Wastewater - Shall mean all wastewater except domestic wastewater and unpolluted water as defined herein. Nondomestic wastewater shall include, but not be limited to, wastewater resulting from industrial, commercial, producing, manufacturing, processing, institutional, governmental, and agricultural operations, and brine wastewater resulting Ordinance 404 15 from the regeneration of water conditioning devices. All liquid wastewater hauled by truck, rail, or another means shall also be considered as nondomestic wastewater, regardless of the original source of the wastes. Hauled domestic wastewater is included in the category of nondomestic wastewater. 3.63 Nondomestic Wastewater Discharge Permit - Shall mean the regulatory procedure established and enforced by the General Manager, to control the flow and quality of wastes discharged into the POTW. 3.64 Non-Significant Categorical Industrial User - Shall mean an Industrial User who would be subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N but discharges less than 100 gallons per day of total categorical wastewater and meets other required conditions as contained in 40 CFR 403.3(v)(2) and (v)(3). 3.65 Non-Significant Industrial User - Shall mean any Industrial User which is not a Significant Industrial User. 3.66 Oil/Sand Separator – Shall mean a trap, interceptor, or other device designed, constructed, and intended to remove, hold, or otherwise prevent the passage of petroleum products, sand, sediment, sludge, grease, or similar substances in the wastewater discharged to the sanitary sewer. 3.67 Pass-Through - Shall mean any discharge which passes through the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with other discharges, causes a violation of any requirement of the POTW's Waste Discharge Requirements permit (including an increase in the magnitude or duration of a violation). 3.68 Permit - Shall mean any written authorization required pursuant to this or any other regulation of the District. 3.69 Permittee - Shall mean any User who is issued a Nondomestic Wastewater Discharge Permit pursuant to Section 10 herein. 3.70 Person - Shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a district and any political subdivision or governmental agency. 3.71 Pollutant - Shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, Ordinance 404 16 heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. 3.72 POTW Treatment Plant - Shall mean the Sterling Natural Resource Center (SNRC), which is the portion of the POTW designed to provide treatment to wastewater. 3.73 Premises - Shall mean a lot or parcel of real property under one ownership, except where there are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings may be classified as single premises. 3.74 Pretreatment or Treatment - Shall mean the reduction of the amount of pollutants, elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6 (d). 3.75 Pretreatment Requirement - Shall mean any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed by an Industrial User. 3.76 Pretreatment Standard - Shall mean any regulation containing pollutant discharge limits or prohibitions promulgated by EPA or the District, applicable to Industrial Users, including promulgated Categorical Standards, National Prohibitive Discharge Standards, General Discharge Prohibitions contained in Section 9.02 and 9.03 herein, and specific local discharge limitations contained in or pursuant to Section 10 herein. 3.77 Pretreatment Wastes - Shall mean all wastes, liquid or solid, removed from nondomestic wastewater by physical, chemical, or biological means. 3.78 Publicly Owned Treatment Works (POTW) - Shall mean the District’s treatment works. This definition includes any devices or systems owned and operated by the District, which are used in the storage, treatment, recycling and reclamation of municipal sewage (i.e., the Sterling Natural Resource Center). It also includes the District's Interceptors, Tributary Sewerage Systems, and any other sewers, pipes, lift stations, and other conveyances which convey wastewater to the wastewater treatment facilities. Ordinance 404 17 3.79 Public Sewer - Shall mean a sewer lying within a public right-of-way or easement which is controlled by or under, the jurisdiction of the District. 3.80 Regulatory Agencies - Shall mean those public agencies legally constituted in the State of California to protect the public health and water quality, such as the U.S. Environmental Protection Agency, the California Environmental Protection Agency; the California Department of Health Services, the State Water Resources Control Board, the California Regional Water Quality Control Board, Santa Ana Region, and the County Department of Environmental Health Services. 3.81 Residential - Any service with a building that serves as a single-family home, duplex or triplex, apartments, co-operatives, or townhouses. 3.82 Responsible Corporate Officer - Shall mean: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy - or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 3.83 Sample Location - Shall mean a location approved by the General Manager where a representative sample of non-domestic wastewater is collected from an industrial user. 3.84 3.85 Sanitary Sewer - Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. 3.86 Sanitary Sewer Overflow (SSO) - Shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: 1) Overflows or releases of untreated or partially treated wastewater that reaches waters of the United States; 2) Overflows or releases of untreated or partially treated wastewater that does not reach waters of the United States; and 3) Wastewater backups into buildings and on Ordinance 404 18 private property that are caused by blockages or flow conditions within the publicly owned portion of the sanitary sewer system. 3.87 Secretary - Shall be the Secretary to the Governing Body. 3.88 Separate Sewer Connection - A sewer connection shall not be used by any adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one property or individual parcel. 3.89 Sewage - Shall mean refuse liquids or a combination of water-carried wastes from residences, business buildings, public buildings, institutions, and industrial establishments. 3.90 Sewer - Shall mean a pipe or conduit for carrying sewage. 3.91 Sewer System Management Plan (SSMP) - Shall mean an approved plan adopted by the District’s Board of Directors to control and reduce the occurrence and impact of sanitary sewer overflows. 3.92 Side Sewer - Shall mean the sewer line beginning three feet outside the foundation wall of any building and terminating at the main sewer and include the building sewer and lateral sewer together. 3.93 Significant Industrial User (SIU) - Shall mean any Industrial User of the POTW who: 1) is subject to Categorical Standards; 2) has an average daily discharge of 25,000 gallons or more of process wastewater; 3) has a discharge which makes up five percent (5%) or more of the average dry-weather hydraulic or organic capacity of the Wastewater Treatment Facilities receiving the wastewater; or 4) is designated by the General Manager to have a reasonable potential for adversely affecting the POTW’s operation or violating any applicable pretreatment standard or requirement. 3.94 Significant Noncompliance (SNC) - Shall mean any Significant Industrial User violation(s), which meet any of the criteria below, or any Industrial User violation that violates numbers 3., 4., or 8. below. 1.Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements for each pollutant taken during a consecutive six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits; 2.Technical review criteria violations, defined as those in which thirty-three percent or more of all of the measurements taken for the same pollutant during a consecutive six- Ordinance 404 19 month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); 3.Any other violation of a Pretreatment effluent limit (daily maximum or long-term average, instantaneous limit or narrative standard) that the District determines has caused, alone or in combination with other discharges, Interference or Pass Through (including endangering the health of POTW or District personnel or the general public); 4.Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the District's exercise of its emergency authority to halt or prevent such a discharge; 5.Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; 6.Failure to provide, within forty-five (45) days of the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; 7.Failure to report accurately non-compliance; or 8.Any other violations or group of violations, which may include a violation of Best Management Practices, which the District believes will adversely affect the operation and implementation of the District’s pretreatment program or the District’s Sewer System. 3.95 Slug Discharge - Shall mean any discharge to the sanitary sewer of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge. 3.96 Slug Discharge Control Plan - Shall mean a plan submitted to the District by a User which specifies to the General Manager's satisfaction the potential pollutants used and/or stored at the User's facility; potential pathways of entry of said potential pollutants into the POTW; and facilities and procedures for preventing or controlling the occurrence of slug loading. 3.97 Slug Loading - Shall mean the discharge of any pollutant including oxygen demanding pollutants (BOD, etc.) that are released at a flow rate and/or pollutant concentration that causes interference with the POTW. 3.98 Specific Compliance Plan - Shall mean a plan submitted to the District by an Industrial User pursuant to Section 14 herein, which specifies to the General Manager's satisfaction Ordinance 404 20 the cause of noncompliance, the corrective actions which will be taken to prevent recurrence of said noncompliance, and, if required by the General Manager, a proposed Compliance Time Schedule. 3.99 Specific Local Discharge Limitations (Local Limits) - Shall mean limitations adopted from time-to-time by resolution of the Board restricting quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by permitted Industrial Users. 3.100 "Standard Methods" - Shall mean "Standard Methods for the Examination of Water and Wastewater", latest edition, prepared and published by the American Public Health Association, American Water Works Association, and Water Environment Federation, which specifies accepted procedures used to assess the quality of water and wastewater. 3.101 Surcharge - Shall mean an assessment, in addition to the service charge, which may be levied on those Users whose wastes are greater in strength than surcharge threshold concentration values established by the General Manager. 3.102 Toxic Amount - Shall mean concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism which will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of Public Law 92-500. 3.103 Toxic Pollutant - Shall mean any pollutant or combination of pollutants listed as toxic in 40 CFR 401.15 or 40 CFR 403, Appendix B. 3.104 User - Shall mean any person who contributes, causes, or permits the contribution of wastewater into the POTW, including, without limitations, Households, Private Residences, Industrial Users and Nonresidential Users. 3.105 Water Reclamation Plant - Shall mean arrangement of facilities and operations used for treating sewage. 3.106 Wastewater Department - Shall mean the Board of Directors of the District performing functions related to the District's sewer service, together with the General Manager, the Chief Financial Officer, the Director of Engineering and Operations, and any other duly authorized representatives. 3.107 Waste Discharge Requirements Permit (WDR Permit) - Shall mean the permit issued to the POTW by the California Regional Water Quality Control Board, Santa Ana Region. Ordinance 404 21 3.108 Wastewater System - Shall mean all facilities for collecting, pumping, treating, and disposing of sewage. 3.109 Wastewater Treatment Plant - Shall mean the POTW Treatment Plant, the Sterling Natural Resource Center (SNRC). 3.110 Water Conditioning Device - Shall mean any device used to soften or otherwise condition water, including zeolite or resinous anion or cation exchange softeners, demineralizers, and any other like device. SECTION 4. SEWER DEPARTMENT 4.01 Creation - A Sewer Department is hereby created comprised of the Directors, the General Manager, the Financial Officer, the Director of Engineering and Operations, and other employees and assistants as may be hired therefor. 4.02 General Manager - The General Manager, as provided for in the Water Code, shall have full charge and control of the maintenance, operation, and construction of the Wastewater System of the District. 4.03 Director of Engineering and Operations - The position of Director of Engineering and Operations is hereby created. The Director of Engineering and Operations shall regularly inspect all physical facilities related to the District Wastewater System, to see that they are in good repair and proper working order, and to note and report violations of any ordinances or sewer regulations. 4.04 Violation, Repairs - The Director of Engineering and Operations shall promptly report any violation or disrepair to the General Manager. If the work required is in the nature of an emergency, he shall take whatever steps are necessary to maintain service to consumers pending action by the General Manager. 4.05 Supervision - The Director of Engineering and Operations shall supervise all repair or construction work authorized by the Board or the General Manager, and perform any other duties prescribed by the Board or the General Manager. Ordinance 404 22 4.06 Performance of Duties - The foregoing duties of the Director of Engineering and Operations may be performed by the General Manager or by an additional employee or employees, as designated by the Director of Engineering and Operations or General Manager. 4.07 The Financial Officer - The Financial Officer shall install and maintain a system of auditing and accounting that shall completely and at all times, show the financial condition of the District. The Financial Officer shall compute, prepare, and mail bills as hereinafter prescribed, make and deposit collections, maintain proper books of accounts, collect, account for, and do whatever else is necessary or directed by the General Manager to set up and maintain an efficient and economical accounting system, and perform any other duties now and hereinafter prescribed by the Board of Directors. SECTION 5. GENERAL RULES 5.01 Standards - The Uniform Plumbing Code, 2021 Edition, as compiled by International Association of Plumbing and Mechanical Officials ("UPC"), together with all subsequent amendments thereto relating to sewers, and the following rules and regulations respecting sewer construction and disposal of sewage and drainage of buildings, and connection to the Wastewater System of the District are hereby adopted, and all work in respect thereto shall be performed as herein required and not otherwise. The Governing Body may, from time to time, adopt standard requirements for the design construction, repair and maintenance, or connection to the District Wastewater System. 5.02 Violation Unlawful - Following the effective date of this Ordinance, it shall be unlawful for any person to connect to, construct, install, provide, maintain or use any other means of sewage disposal from any building in the area served with sewers by said District except by connection to a Public Sewer in the manner as provided for in this Ordinance. Any violation of this Ordinance will be subject to the provisions of this section at the discretion of the General Manager, Financial Officer, or Director of Engineering and Operations. Ordinance 404 23 5.03 Notice - Wherever, or whenever, practicable under the particular circumstances of the situation and pursuant to the discretion of the General Manager, Financial Officer, or Director of Engineering and Operations, any person found to be violating any provisions of this or any other ordinance, resolution, rule or regulation of the District shall be served by the Inspector or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two, nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, rule or regulation of the District of any defect arising in any sewer or of any violation of this ordinance, the person or persons having charge of said work shall immediately correct the same. 5.04 Protection from Damage - No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the District's sewerage works. Any person violating this provision shall be subject to the penalties provided by law. 5.05 Investigation Powers - The officers, inspectors, managers, employees and any duly authorized agents of the District shall carry evidence establishing his/her position as an authorized representative of the District and, upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and properties to which the District is furnishing sewer service, or has been requested to furnish sewer service, for the purpose of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the District, pursuant to the authorization contained in the required application for sewer service. 5.06 Public Nuisance - Continued habitation of any buildings or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulation of the District is hereby declared to be a public nuisance. The District may cause proceedings to Ordinance 404 24 be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. 5.07 Disconnection - As an alternative method of enforcing the provisions of this or any other ordinance, rule or regulation of the District, the District shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. 5.08 Abatement - During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the District shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the District, a reasonable attorney's fee and cost of suit arising in said action. 5.09 Water Cut-Off - As an alternative remedy for such violations the District may cause District water service to said premises to be discontinued during the period of violation. 5.10 Unconnected and Unoccupied Buildings - In the event that owners of any buildings or facilities have failed to connect to the Public Sewer after receipt of official notice to do so, the District will be unable to bring abatement actions if such buildings are unoccupied. To prevent the sale of such buildings to persons with no knowledge of such, the District will record such notices with the County Recorder of San Bernardino County. The District Secretary is authorized and directed to cause a Notice of Necessity of Connection to Public Sewer to be prepared with reference to those unoccupied properties and buildings within the sewer District which have not been connected to the District Public Sewer within thirty days after the giving of Official Notice to so connect; to sign such Notices; to acknowledge such Notices; and to record the same with the County Recorder of San Bernardino. 5.11 Damage to Wastewater System Facilities - The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licenses or permittees. The District shall be promptly reimbursed by the customer for any such damage upon presentation of a bill. Ordinance 404 25 5.12 Means of Enforcement Only - The District hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. 5.13 Liability for Violation - Any person violating any of the provisions of the ordinances, rules or regulations of the District shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. 5.14 Relief on Application - When any person, by reason of special circumstances, is of the opinion that any provision of the ordinances, rules or regulations of the District is unjust or inequitable as applied to him/her, or his/her premises, he/she may make written application to the Governing Body stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to him/her, or his/her premises. If such application be approved, the Governing Body may, by resolution, suspend or modify the provision complained of, as applied to such person or premises, to be effective as of the date of the application and continuing during the period of the special circumstances. 5.15 Relief on Own Motion - The Governing Body may, on its own motion, find that by reason of special circumstances, any provision of its ordinances, rules or regulations should be suspended or modified as applied to a particular person or premises and may, by resolution, order such suspension or modification for such person or premise during the period of such special circumstances or any part thereof. 5.16 Permits Required - No person shall construct, extend or connect to any Public Sewer without first obtaining a written permit from the District and paying all fees and connection charges and furnishing bonds as required. The provision of this Section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the District. Ordinance 404 26 SECTION 6. REQUIRED USE OF PUBLIC SEWERS 6.01 Required Treatment of Wastes - Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage within the District where District sewer facilities are available and hereinafter described for such disposal purposes. 6.02 Sewer Required - The owner of any building or structure occupied by humans, situated within the District and abutting on any street or easement in which there is a Public Sewer of the District, is hereby required at their expense to connect said building directly with the sewers of the District, in accordance with the provisions of this Ordinance, within thirty (30) days after the date of official notice to do so, provided that said Public Sewer is within two hundred (200) feet of the nearest point of the property on which the building or structure is located. This requirement shall also be applicable to any commercial, industrial, and public buildings or institutions, to connect to said sewer system upon notice as herein provided. 6.03 Construction Requirements - Construction of building sewers and lateral sewers shall be in accordance with the requirements hereof. 6.04 Separate Sewers - Every building or industrial facility must be separately connected with a Public Sewer if such Public Sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, one or more buildings located on a lot or parcel of land belonging to the same owner may be served with the same side sewer during the period of ownership. Upon the subsequent subdivision of said lot and sale of a portion thereof, the portion not directly connected with such Public Sewer shall be separately connected with a Public Sewer, and it shall be unlawful for the owner thereof to continue to use or maintain such indirect connection. 6.05 Old Building Sewers - Old building side sewers may be used in connection with new buildings only when they are found, upon examination and test by the Inspector, to meet all requirements of the District. Ordinance 404 27 6.06 Cleanouts - Cleanouts in building sewers shall be provided where the building sewer joins the building outlet and in accordance with the Uniform Plumbing Code. All cleanouts shall be maintained watertight. 6.07 Plumbing too Low - In all buildings in which the plumbing system is too low to permit gravity flow to the Public Sewer, sanitary sewage carried by the building sewer shall, upon authorization of the General Manager or Director of Engineering and Operations, be lifted by artificial means and discharged to the Public Sewer at the expense of the owner. 6.08 Connection to Public Sewer - The construction of the lateral sewer and the connection thereof into the Public Sewer, shall be made by a licensed plumber or contractor. Said connection shall be connected at the lateral or "Y" branch, if such lateral or "Y" branch is available at the suitable location. Where no properly located "Y" branch is available, a connection with the Public Sewer may be made to receive the lateral sewer. The invert of the building or lateral sewer at the point of connection shall be at a higher elevation than the invert of the Public Sewer. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in accordance with District standards. The connection to the Public Sewer shall be made in the presence of the District Inspector and shall be subject to their approval. Any damage to the Public Sewer shall be repaired at the cost of the applicant, to the satisfaction of the Inspector. 6.09 Protection of Excavation - All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District and any other person having jurisdiction thereover at the sole expense of the person responsible for such installation. 6.10 Maintenance of Side Sewer - Side sewers shall be maintained by the owner of the property served. 6.11 Indemnification - The owner of the property and the person making the connection shall be obligated to hold the District, its officers, agents, and employees harmless of and from all Ordinance 404 28 loss or liability which shall occur or arise by reason of the installation of the lateral sewer and the opening of the easement and the backfill and restoration of the pavement. SECTION 7. USE OF PUBLIC SEWERS 7.01 Requirements – All applicable requirements of the City of San Bernardino regarding the use of public sewers are hereby incorporated herein by this reference until the District commissions the Sterling Natural Resources Center, then Sections 9, 10, 11, 12, 13, 14, 15, and 16 will replace requirements of the City of San Bernardino in addition to the other sections already described in this Ordinance. 7.02 Sewer Permit Required - No person shall uncover, make any connection with or opening into, use, cap, alter or disturb any Public Sewer or appurtenances without first obtaining a written sewer permit from the District. 7.03 Application for Sewer Permit - Any person seeking a sewer permit shall make such application to the District for that purpose. He/she shall give a description of the character of the work proposed to be done, the location, ownership, occupancy, and use of the premises to be served and the name and address of the person who shall make the connection. The Director of Engineering and Operations may require plans, specifications, or drawings and such other information as he may deem necessary or Permitee shall comply with specifications of the District. If the District determines that the plans, specification, drawings, descriptions, or information furnished by the applicant is in compliance with the ordinances, rules, and regulations of the District, it shall issue the sewer permit applied for upon payment of the required fees therefore. 7.04 Compliance with Sewer Permit - After approval of the application evidenced by the issuance of a sewer permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit or as shown on the plans and Ordinance 404 29 specifications for which the sewer permit was issued except with written permission from the District, the Director of Engineering and Operations or other authorized representatives. 7.05 Agreement - The applicant's signature on an application for any sewer permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other ordinance, rules and regulations of the District, and with the plans and specifications he has filed with this application, if any, together with such corrections or modifications as may be made or permitted by the District, if any. Such agreement shall be binding upon the applicant and may be altered only upon the written request from the applicant for the alteration. 7.06 All Work to be Inspected - All sewer connection work over which the District has jurisdiction shall be inspected by the District to ensure compliance with all requirements of the District. No such sewer connection work shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the District's Public Sewer until the work has been completed, inspected, and approved by the District. 7.07 Notification - It shall be the duty of the person doing the work authorized by the sewer permit to notify the District Office that said work is ready for inspection. Such notification shall be given not less than forty-eight (48) hours before the work is to be inspected, excluding weekends and holidays. 7.08 Condemned Work - When any work has been inspected and the work condemned and no such certification of satisfactory compliance given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules, and regulations of the District. 7.08 Liability for Costs - Both the owner and the person making the connection shall be liable to the District for all fees, costs, and expenses incident to the work for which a sewer permit shall be issued. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work. Ordinance 404 30 7.10 Outside Sewers - Permission shall not be granted to connect any lot or parcel of land outside the District to any Public Sewer in, or under, the jurisdiction of the District unless a sewer permit therefore is obtained. Applicants shall first enter into a contract in writing whereby they shall bind themselves, their heirs and successors and assigns to abide by all ordinances, rules, and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith, and also shall agree to pay all fees required for securing the sewer permit and a monthly fee in the amount set by the District for the privilege of using such sewer. 7.11 Sewer Permit Optional - The granting of such permission for an outside sewer in any event shall be optional with the Governing Body. 7.12 Special Outside Agreements - Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the District. 7.13 Street Excavation Permit - A separate permit must be secured from the City, the County or any other person having jurisdiction therefor by the owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. 7.14 Liability - The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of, the performance of any work by any such applicant. The applicant shall be answerable for and shall hold the District and its officers, agents, and employees, harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. 7.15 Time Limit on Sewer Permits - If work under a sewer permit is not started within twelve (12) months from the date of issuance, or if after partial completion the work is discontinued for a period of one (1) year the sewer permit shall thereupon become void, and no further work Ordinance 404 31 shall be done until a new sewer permit shall have been secured. A new fee shall be paid upon the issuance of said new sewer permit. 7.16 Backwater Valve Required -The District may require the installation of an approved backwater valve as specified in the Uniform Plumbing Code or as deemed necessary by the District to protect the Owner's Property. SECTION 8. APPLICATION FOR SEWER SERVICE 8.01 Application - A property owner or his/her agent, designated in writing, shall make application for regular sewer service by personally signing a Service Agreement provided by the District, and paying the required fees. The property owner will remain the primary account holder, or Customer of Record, with respect to District services for as long as they own the property. 8.02 Sewer Service to Customers Other than Property Owners - Sewer service to other than property owners shall be made as follows: 8.02.01 Additional Customer of Record - If the property owner rents the premises to a tenant, the tenant may have sewer and other services instituted in their name by completing an Owner Authorized Billing Agreement. The tenant and owner must both sign the agreement and the District must be provided with a copy of an active rental agreement. In any event, the tenant must provide the District with the property owner’s name, mailing address, and telephone number. 8.02. 02 Owner Responsibility - Whether or not a property owner signs the Owner Authorized Billing Agreement, the property owner is not relieved of his or her responsibility for unpaid sewer charges for the subject property as provided in this ordinance and pursuant to California Water Code Section 31701.5. 8.03 Payment of Delinquent Charges - As a precondition to receiving sewer service from the District, the applicant for service shall pay any and all unpaid charges that have accrued on any closed accounts previously held by the applicant with the District, as well as pay any and Ordinance 404 32 all delinquent charges that have accrued on any open accounts currently held by the applicant with the District. 8.04 Security Deposit - A security deposit for each residential, commercial, or retail unit shall be deposited at the time application for service is made. The District may, at its sole election, include the required security deposit on the customer's first billing invoice. 8.04.01 Single-Family Residential - A security deposit for a single-family residential unit may not be required if the person requesting service is a new residential applicant who is determined by the District to be creditworthy. The determination of an applicant’s credit worthiness shall be based solely upon criteria developed by the District and may be appealed in the manner set forth in Section 10 herein. However, during the life of the account, the District may, in its sole discretion, require any customer, regardless of whether he or she was previously found to be creditworthy, to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period or as a precondition to reinstatement of service any time after being locked off for non-payment. 8.04.02 Security Deposit Refund - Refunds of security deposits will be performed in the manner set forth below. Such refunds will be credited to any account held by the customer with the District in lieu of a refund check. Interest on the security deposits shall remain the sole property of the District and will not be included in any refund. 8.04.02.01 Residential - The District shall refund each security deposit to a residential customer as follows: a. Upon customer request, where single-family residential funds have been on deposit for one year in the customer’s account and there have been no delinquency payments on any of the customer’s accounts with the District during that year. However, the District may, at its sole option, require any customer to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to reinstatement of service any time after being locked off for non-payment. Ordinance 404 33 b. Where multi-family residential customer funds have been on deposit for one year in a customer’s account and there has been no delinquency payment on any of the customer’s accounts with the District during that year and upon the customer’s request, one-half of the deposit will be refunded to the customer by means of a credit on the account. However, if the customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the credited amount. Within thirty (30) days after the applicant provides written notice to terminate sewer services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum, if any, is refunded to the customer. 8.04.02.02 Non-Residential - The District shall refund the security deposit for commercial, retail, industrial, fire service, and irrigation connections as follows: a. Where funds have been on deposit for one year in a customer’s account and there have been no delinquencies on any of the customer’s accounts with the District during that year and upon the customer’s request, one-half of the deposit will be refunded to the customer by means of a credit on the account. However, if the customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the credited amount. b. Within thirty (30) days after the applicant provides written notice to terminate sewer services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum is refunded to the customer. 8.05 Changes in Customer's Equipment - Customers making any material change in the size, character of, extent of the equipment or operations utilizing sewer service, or whose change in operations results in a significant increase in the quantity or quality of sewage, shall immediately give the District written notice of the nature of the change and, if necessary, amend their applications and discharge permits if applicable. Ordinance 404 34 8.06 Domestic, Commercial, and Industrial Service Connections - It shall be unlawful to maintain a sewer connection except in conformity with the following: 8.06.01 Multiple Buildings - Multiple house or buildings under one ownership and on the same lot or parcel of land may be supplied through the same sewer connection, provided that the service connection shall be of such size to adequately serve said houses or buildings. 8.06.02 Separate Sewer Connection - A sewer connection shall not be used by an adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one lot or individual parcel. 8.06.03 Divided Property - When property provided with a sewer connection is divided, each service connection shall be considered as belonging to the lot or parcel of land which it directly enters. 8.06.04 Industrial Users Plan Check Requirements - All Industrial Users who request authorization to connect to the POTW and all existing industrial users who propose tenant improvements shall be required to submit detailed site plans, including plumbing plans which describe the proposed project, facility expansion, or process modifications, in addition to any other information as requested by the General Manager. 8.07 Main Extension Required - All main extensions shall be made in accordance with the policies of the District upon application for service and payment of required charges. 8.07.01 Application - Any owner of one or more lots or parcels or sub divider of a tract of land, desiring the extension of one or more mains to serve such property shall make a written application to the District. Said application shall contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the District, and be accompanied by a map showing the location of the proposed connection. Main extensions will normally be constructed by owner or sub-divider. 8.07.02 Investigation - Upon receipt of an application requesting the District to install facilities, the District shall make an investigation and survey of the proposed extension and estimate the cost thereof. Ordinance 404 35 8.07.03 District Lines - All sewer main extensions shall be in accordance with the rules, regulations, specifications, and ordinances of the District and shall be the property of the District. 8.07.04 Specifications and Construction - The size, type and quality of materials and location of the sewer lines shall be to District specifications as adopted. For sewer lines not installed by the District, the sub-divider shall be responsible for employing a licensed contractor to install the required sewers. All work shall be inspected and approved by the District. 8.07.05 Property of District - Upon completion of such installation, the facilities shall be dedicated to and become the property of the District. 8.07.06 Offer of Dedication - Forms for offer of dedication shall be provided by the District. Sewer plans shall be signed by a Registered Civil Engineer and returned to the District. Sewer plans will not be filed or approved until compliance has been met herewith. 8.07.07 Form of Offer of Dedication - Offers of sewer dedication shall be on District forms in accordance with the latest "Standard Specification for the Furnishing of Materials and the Construction of Water and Sewer Facilities". 8.07.08 Engineering Services - Engineering services provided by the District shall include technical and procedural guidance, professional consultant services, project coordination, and plan checking. 8.07.09 Construction Permit - Applicant or his/her authorized agent shall make application for a Construction Permit in accordance with the latest "Standard Specification for the Furnishing of Materials and the Construction of Water and Sewer Facilities" of the District. 8.08 Dry Sewers Required - Any division of land or development involving five (5) or more units within the jurisdiction of the East Valley Water District which is greater than 500 feet from an existing sewage collection facility, may be allowed to use individual sewage disposal systems, provided: Ordinance 404 36 8.08.01 A "dry" sewer collection line is installed in the public right-of-way to the specifications of the Director of Engineering and Operations with the capacity for all sewage generated by the subdivision; and 8.08.02 The "dry" sewer includes lateral lines to within five (5) feet of the septic tank to be installed on each lot; and 8.08.03 Plugs and seals are placed on the "dry" sewers to prevent unauthorized connection. 8.09 Payment of Capacity Fees and Abatement Fees - The Developer shall pay to the District the appropriate capacity fees and connection fees, plus a fee established from time to time by the Board of Directors which shall be used for the proper abandonment of the individual sewage disposal system. 8.10 Dedication of Dry Sewers to District - The Developer shall agree that the facilities installed in the public right-of-way be dedicated to the District as provided in Section 8.07.06 herein and after inspection by the Director of Engineering and Operations. 8.11 Dedication of Right of Access - The Developer shall grant to the District a right of access to the individual sewage disposal system on each lot and have this right of access recorded as part of the final tract map or other instrument, and provide written notification to the purchaser of each unit of the development. 8.12 Connection to Sewage Collection Facilities - When sewer collection facilities are available to the development, the District shall have the right to declare the use of the individual sewage disposal system a public nuisance and enter onto the property for the purpose of connecting the premises to the sewer collection system and properly abandoning the individual sewage disposal system without additional cost to the owner of the premises. Provided, however, that the District shall not be obligated to remove, reconstruct, relocate, or otherwise modify any structure, tree, bush, or appurtenance of any kind whatsoever in making the connection and properly abandoning the individual sewage disposal system. Ordinance 404 37 8.13 Sewer Permit to Connect - The District shall require the owner, or occupant, of the building to be connected to obtain a sewer permit from the District for such connection. No fees shall be charged for such sewer permit if they have been paid pursuant to Section 8.09 herein. The applicant for the sewer permit shall specify in writing that they will indemnify and hold the District harmless in making the connection to the sewage collection facility and abandoning the individual sewage system. 8.14 Minimum Individual Sewage Systems Required - Whenever the use of individual sewage disposal systems are installed in connection with "dry" sewers, the District will not agree that any such system be installed which is less than the minimum requirements for the type of system which is designed for use on this development. SECTION 9. GENERAL AND SPECIFIC PROHIBITIONS 9.01 New or Increased Pollutant Discharges - Use of the Sewer System of the District shall be a privilege subject to the Rules and Regulations of the District, and the privilege may be revoked for non-compliance with this Ordinance and the Rules and Regulations. No right, title, or interest to continue to use the Sewer System shall exist or accrue by reason of existing discharge, permit or authorization of the District. 9.02 General Discharge Prohibitions - No person shall discharge or cause to be discharged any pollutant or wastewater to the District’s wastewater system if it appears likely in the opinion of the General Manager or Director of Engineering and Operations that such wastes may cause or contribute to pass-through or interference. 9.03 Specific Prohibitions - No person shall introduce or cause to be introduced into the District’s sewer system the following: 9.03.01 Pollutants which create a fire or explosive hazard in the District’s sewer system, including but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21 or which result in conditions Ordinance 404 38 where two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system), are more than 5%, or any single reading is over 10%, of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylenes, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides; as discharged in such quantities as to potentially result in any of the hazards noted above; 9.03.02 Any solid, semi-solid or viscous substances which may obstruct the flow of sewage, cause clogging of or adversely affect sewage pumping equipment, or sewage sludge pumping equipment, or the community sewer system, or interfere with the operation of the POTW, such as, but not limited to, grease, garbage with particles greater than 3/8" in any dimension, dead animals, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, excessive quantities of whole blood, feathers, ashes, cinders, earth, sand, mud, gravel, rocks, plaster, concrete, spent lime, stone or marble dust, metal, metal filings or shavings, wood, wood shavings, straw, grass clippings, spent grains, spent hops, waste paper, paper containers or other paper products, rags, plastics, tar, asphalt, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass, or glass grinding or polishing wastes; 9.03.03 Any recognizable portion of human or animal anatomy; 9.03.04 Any discharge which may, alone or in combination with other waste substances, result in the presence of solids, liquids, gases, vapors, or fumes in the POTW in such quantities that would create a hazard, public nuisance, or acute worker health and safety problems; 9.03.05 Any unpolluted water, including but not limited to, storm water, rainwater, ground water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds, lawn sprays or any other type of surface water, or single pass, non- contact cooling or heating water. The General Manager may approve, on a temporary basis, the discharge of such waters to the POTW when no reasonable alternative method of disposal is available, subject to the payment of all applicable User charges and fees by the Discharger; Ordinance 404 39 9.03.06 Corrosive wastewater having a pH less than 5.0 or more than 11.0, or which will cause the pH of the influent to the POTW to drop below 6.5 or rise above 8.0, or otherwise causing corrosive structural damage to the District’s wastewater treatment plant, collection system or equipment; 9.03.07 The discharge of any substance, which, if otherwise disposed of, would be classified as a hazardous waste pursuant to 40 CFR 261 or as a toxic waste as defined Title 22 of the California Code of Regulations, Section 66261.24; 9.03.08 Any noxious or malodorous liquids, gases, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance or are sufficient to impair personnel access to the POTW for maintenance and repair; 9.03.09 Any substance which may cause the POTW's effluent, or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or which will interfere with any of the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to violate the provisions of Title 22 of the California Code of Regulations pertaining to Groundwater Replenishment Reuse Projects (GRRP). In no case shall a substance discharged to the POTW cause the POTW to violate applicable sludge use or disposal regulations established under the Federal Clean Water Act, 33 USCA, Section 1251 et. Seq., or 40 CFR 503 or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act (CAA), Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), the Marine Protection, Research and Sanctuaries Act (MPRSA), or pursuant to the provisions of the California Code of Regulations, all as they may now exist or hereafter may be amended; 9.03.10 Any slug loads from raw material, spent solutions, or sludges generated from processing tanks or vessels, unless no reasonable alternative is available to prevent severe loss of life or to protect the environment. These shall include, but are not limited to, wash tanks, chemical conversion tanks, acid and alkali tanks, lubricating tanks, condensate from dry cleaning processes, fruit and vegetable wash tanks, brine wastewater from soft water regeneration Ordinance 404 40 processes above permitted limits, and any other tank or vessel containing a material which would exceed permitted discharge limits. 9.03.11 Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, and any substance that will cause discoloration of the POTW effluent; 9.03.12 Any trucked or hauled pollutants or wastewater, except at such place and in such manner as prescribed by the General Manager; 9.03.13 Any overflow from a septic tank, facility wastewater holding tank, cesspool or seepage pit, or any liquid or sludge pumped from a septic tank, facility wastewater holding tank, cesspool or sewage pit, except as may be permitted by the General Manager. 9.03.14 Any discharge from any wastewater holding tank of a recreational vehicle, trailer, bus and other vehicle, except as may be permitted by the General Manager. 9.03.15 Pesticides, Herbicides, Algaecides, or Fertilizers in excess of the local or national categorical discharge standards, including any quantity of DDT (both isomers), DDD, DDE, Aldrin, Chlordane, Dieldrin, Endosulfan (alpha, beta, and sulfate), Endrin, Endrin Aldehyde, Heptachlor, Heptachlor Epoxide, Lindane, Disulfoton, Phorate, and/or Toxaphene; 9.03.16 Any material or quantity of material(s) which will cause abnormal sulfide generation. 9.03.17 Any petroleum oil, refined petroleum products, or products of mineral oil origin in excess of local or national discharge limits in amounts which could cause Interference or Pass-Through; 9.03.18 Any radiator fluid or coolant, water-based solvent, or non- biodegradable soluble cutting oils in excess of local or national discharge limits; 9.03.19 Any liquid or other waste containing fats, wax, grease, or oils, which may solidify or become viscous at temperatures between 32°F (0°C) and 150°F (65°C). 9.03.20 Any liquid or other dental amalgam waste defined in and regulated by 40 CFR Part 441 – Dental Office Point Source Category. Ordinance 404 41 9.03.21 Any silver-containing photo processing waste from developing or fixing solutions or rinse waters that are not in compliance with the District’s discharge limits. 9.03.22 Any Toxic Organics in amounts which are determined to be toxic to the maintenance or operation of the POTW. EVWD may require the submittal of a Toxic Organic Management Plan (TOMP) from any user determined to discharge Toxic Organics above detection limits. 9.03.23 Any wastewater having a temperature which will inhibit biological activity at the POTW Treatment Plant resulting in Interference, but in no case wastewater with a temperature higher than 140°F (60°C) or which causes the temperature at the POTW Treatment Plant to exceed 104°F (40°C); 9.03.24 Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration in excess of federal, state, or county regulations, as may cause Interference, Pass-Through, or violation of applicable State or Federal regulations; 9.03.25 Waste recovered from pretreatment equipment, systems, or devices; 9.03.26 Any PCBs and Dioxins, including, but not limited to, the following compounds: Arochlors 1221, 1228, 1232, 1242, 1254, 1260, 1262, and TCDD equivalents. 9.03.27 Any pollutant, including, but not limited to, oxygen demanding pollutants (BOD, COD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW. 9.03.28 Any pollutant(s), material, or quantity of material which will cause: 1) damage to any part of the POTW; 2) abnormal maintenance of the POTW; 3) an increase in the operational costs of the POTW; 4) a nuisance or menace to public health; 5) interference or pass-through in the POTW, its treatment processes, operations, sludge processes, use or disposal. This applies to each user introducing pollutants into the POTW whether or not the user is subject to other National Pretreatment Standards or any Federal, State, or local pretreatment requirements; or 6) A violation of the EVWD Waste Discharge Requirements permit. Ordinance 404 42 9.03.29 Any wastewater that has been intentionally diverted (bypassed) from any portion of the Industrial User’s treatment equipment unless the bypass meets the following provisions: 1) bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back- up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) the Industrial User notifies the District prior to bypassing the treatment equipment. 9.04 Discharging Pollutants to the Environment - No person shall circumvent the intent or purpose of this Ordinance by discharging, or by causing to be discharged, into any storm drain, channel, natural water course or public street, or onto the ground, or into a well, or into any sump or pit that is not impermeable, material or waste prohibited or restricted as to its discharge into a sewer system. 9.05 Point of Discharge Prohibition - No person, except authorized District personnel involved in maintenance functions of sanitary sewer facilities, shall discharge or cause to be discharged any solid or liquid substance directly into a manhole or other opening of the POTW other than through an approved building sewer connection, unless the User first obtains a Class IV Permit and the discharge otherwise complies with this Ordinance. This provision shall not apply to authorized EVWD or contract District personnel involved with the maintenance, cleaning, repair, or inspection of the collection system. 9.06 Prohibition Against Dilution - No person shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with Categorical Standards. 9.07 Interference with District Equipment or Facilities - No person shall enter, break, damage, destroy, uncover, deface, or tamper with any temporary or permanent structure, Ordinance 404 43 equipment or appurtenance which is part of the District’s collection system or POTW without prior written approval by the General Manager. SECTION 10. SPECIFIC POLLUTANT LIMITATIONS 10.01 Specific Local Discharge Limitations (Local Limits) - No permitted Industrial User shall, except as hereinafter provided, discharge or cause to be discharged to the Sewer System any wastewater unless it conforms to the requirements of this Ordinance and all applicable Local Limits as may, from time to time, be established by resolution of the Board of Directors. 10.02 Categorical Standards - Categorical Standards, as they now exist or may hereafter be amended, are hereby incorporated into this Ordinance. In the event new or amended Categorical Standards include limitations more stringent than limitations incorporated into this Ordinance, the more stringent limitation shall automatically be incorporated herein by this reference. 10.03 Limitations of Water Softeners 10.03.01 Industrial User Water Softener Policy - No Industrial User shall install, replace, enlarge, or use any Water Conditioning Device for softening all or any part of the water supply to any premises when such apparatus is an ion-exchange softener or demineralizer of the type that is regenerated at the site of use with the regeneration wastes being discharged to the ground, storm drain or the POTW unless the Water Conditioning Device is in compliance with the following conditions: 10.03.01.01 The brine solutions generated during the backwash cycles of the Water Conditioning Device shall be segregated from the freshwater rinses for disposal to a legal brine disposal site; 10.03.01.02 The backwash equipment shall be equipped with an electrical conductivity-controlled discharge valve that controls the wastewater discharged to the POTW. The electrical conductivity valve shall be calibrated at a minimum annually or as often as necessary to control and prevent any wastewater from being discharged to the POTW that exceeds the maximum electrical conductivity, total dissolved solids, or associated sodium and chloride concentrationsestablished in the local discharge limitations; and 10.03.01.03 The Industrial User shall maintain the electrical conductivity- Ordinance 404 44 controlled discharge valve in proper operating condition at all times. The industrial user shall notify the General Manager within twenty-four (24) hours in the event of a valve failure and immediately cease the discharge of all wastewater to the POTW associated with the soft water regenerating processes. A written report documenting the cause of the failure and the corrective actions taken shall be submitted to the District, within five calendar days after discovery of the electrical conductivity valve failure. 10.03.02 Residential User Water Softener Policy - Pursuant to California Health and Safety Code Sections 116775-116795 and amendments thereto, no residential water softening or conditioning appliance shall be installed except in either of the following circumstances: 10.03.02.01 The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where such appliance is used; or 10.03.02.02 The regeneration of the appliance discharges to the waste disposal system of the residence where such appliance is used and the following conditions are met: 10.03.02.02.1 The appliance activates regeneration by demand control; 10.03.02.02.2 An appliance installed on or after January 1, 2000, shall be certified by a third-party rating organization using industry standards to have a salt efficiency rating of no less than three thousand three hundred fifty grains of hardness removed per pound of salt used in generation. An appliance installed on or after January 1, 2002, shall be certified by a third-party rating organization using industry standards to have a salt efficiency rating of no less than four thousand grains of hardness removed per pound of salt used in generation; 10.03.02.02.3 The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless such devices are already in place or are prohibited by local and state plumbing and building standards or unless such devices will adversely restrict the normal operation of such fixtures: 1.Faucet flow restrictors. 2.Shower head restrictors. 3.Toilet reservoir dams. Ordinance 404 45 4.A piping system installed so that untreated (unsoftened or unconditioned) supply water is carried to hose bibs and sill cocks which serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; or condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited. 10.03.02.03 The certification required under Subsection 10.03.02.02 of this Section shall be provided by the new user of the appliance and shall be completed by a contractor having a valid Class C-55 water conditioning contractor's license or Class C-36 plumbing contractor's license and filed with the City Building Division. The certification form shall contain all of the following information: 1.Name and address of homeowner; 2.Manufacturer of the water softening or conditioning appliance, model number of the appliance, pounds of salt used per regeneration, and salt efficiency rating at the time of certification. 3.Manufacturer of the water-saving devices installed, model number, and number installed; and 4.Name, address, and the specialty contractor's license number of the C-55 and C- 36 licensee making the certification. 10.04 Swimming Pool Policy - Discharges from non-saltwater swimming pools, wading pools, spas, whirlpools, and therapeutic pools may be permitted to the Public Sewer on a case-by-case basis as determined by the General Manager. The discharge of saltwater pools to the Sewer System is specifically prohibited. Each person who desires to drain a swimming pool, wading pool, spa, whirlpool, or therapeutic pool shall first obtain permission from the General Manager to discharging any of these waters. Permission may be granted by the General Manager if the discharge will: 1.Not cause hydraulic overload conditions in any of the District’s sewer lines; 2.Meets all applicable specific limitations for wastewater quality as established by the District, including but not limited to pH, TDS, chloride, sodium, BOD, and TSS; and 3.Commence at a time of day and rate of flow that minimizes the impact of the Ordinance 404 46 wastewater system. 4.Limit discharges to the hours of 8:00 pm to 6:00 am. 10.05 Medical Waste Disposal 10.05.1 No user shall discharge medical waste to the POTW without first complying with all requirements of the California Medical Waste Management Act (California Health and Safety Code Sections 117600 - 118360) and obtaining written permission from the General Manager. The request shall be submitted to the General Manager and shall include: 1.The source and volume of the medical waste; 2.The procedures and equipment used for disinfection of the medical waste; and 3.Employee training procedures for the legal disposal of the medical waste. 10.05.2 If the General Manager believes that the waste would not be adequately disinfected, the General Manager shall issue a written denial to the user and state the reasons for the denial. This denial shall be issued within thirty days from receipt of the written request. 10.05.3 If the General Manager believes that adequate disinfection of the waste can be achieved prior to discharge of the waste to the collection system, then conditional approval may be granted for the disposal of the waste. 10.05.4 If the user is granted permission for disposal of the medical waste, the user: 1.Shall adequately disinfect the medical waste prior to discharge to the POTW; 2.Shall not dispose of solid medical waste to the POTW, including hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature, or recognizable portions of human or animal anatomy; and 3.Shall be subject to periodic inspections to verify that all disinfection methods, procedures, and practices are being performed. 10.05.5 As authorized by the General Manager, wastewater generated from medically required life-saving operations, including but not limited to dialysis facilities, may be approved for disposal to the POTW. 10.06 Limitation on Wastewater Strength - No user shall discharge industrial wastewater to the POTW unless the wastewater conforms to the limitations and requirements of this Ordinance. Discharge limitations shall be revised as needed to ensure compliance of the Water Ordinance 404 47 Reclamation Plant effluent and bio-solids reuse in compliance with the EVWD Waste Discharge Requirements Permit. For Categorical Users, the EVWD may exercise one or more of the following options: 1.Where a categorical pretreatment standard is expressed in terms of either mass or concentration of a pollutant, the General Manager may impose equivalent concentration or mass limits; 2.When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the General Manager shall impose an alternate limit using the combined wastestream formula; and 3.A variance from a categorical pretreatment standard may be issued if the user can prove, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard. SECTION 11. INDUSTRIAL WASTEWATER DISCHARGE PERMITS 11.01 Application - Any person desiring to discharge industrial wastewater into the Public Sewer shall be required to submit an application to the General Manager presenting information as to the characteristics and amount of industrial wastewater to be so discharged. No industrial wastewater shall be discharged into the Public Sewer which will cause the effluent discharged from the sewage treatment facilities to violate any discharge requirement set by the California Regional Water Quality Control Board. All Significant Industrial Users, and all haulers of wastewater, shall apply for an Industrial Wastewater Discharge Permit (Permit) by completing and submitting to the District a Wastewater Discharge Permit Application, on a form provided by the District. Non-Significant Industrial Users shall, at the discretion of the District’s General Manager, apply for an Industrial Wastewater Discharge Permit. The District will determine which type of permit, either individual control mechanism or group (general) permit, is best suited to control the discharge. The District will also determine the appropriate Permit Classification as listed in Section 11. 11.02 Permit Classifications Industrial Users shall apply for, and obtain, the appropriate class of Permit as indicated below: Ordinance 404 48 Permit Class Industrial Users I Significant INudstiral Users as defined herein II Non-Significant Category III Non-Signifianct Industrial Users as defined herein IV Temporary Industrial Users as defined herein 11.02.01 When to Apply ▪Significant Industrial Users, who propose to connect or discharge to the POTW in the future shall apply for a Permit at least 90 days prior to commencing discharge. ▪Non-Significant Industrial Users, required to obtain a Permit, who propose to connect or discharge to the POTW in the future shall apply for a Permit at least 60 days prior to commencing discharge. ▪Temporary Industrial Users, required to obtain a Permit, who propose to connect or discharge to the POTW in the future shall apply for a Permit at least 30 days prior to commencing discharge. ▪Any Industrial User who is required to have a Permit but whose discharge commenced prior to the date of adoption of this Ordinance shall apply for a Permit within 60 days after adoption of this Ordinance. ▪Applications for re-issuance of Permits shall be submitted at least 90 days prior to the expiration of the Permit. 11.03 Contents of Permit Application - Permit applications shall, at a minimum, contain the following information: •Name and address of applicant and location of place of discharge; •SIC number according to the Standard Industrial Classification Manual, U.S. Office of Management and Budget, 1987, as amended or NAICS number; •A list of wastewater discharge constituents and characteristics, as determined by a State certified analytical laboratory using Analytical Methods as defined herein and sampling procedures, including but not limited to, those subject to Specific Local Discharge Limitations and Categorical Standards; Ordinance 404 49 •Time and duration of discharge(s); •Average daily, peak daily, and 15-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; •Site plans, floor plans, mechanical and plumbing plans, including details showing all sewers, sewer connections, treatment facilities and appurtenances by the size, location and elevation; •An 8-1/2" X 11" process flow schematic diagram; •Descriptions of activities, facilities and plant processes on the premises; •Descriptions of all solid and liquid substances used or stored on the premises that are or could be discharged to the POTW; •Number and type of employees and hours of plant operation, and proposed or actual hours of pretreatment system operation; •A time schedule for compliance with any provisions of the Ordinance or Categorical Standard for which immediate compliance is not possible; •A list of any environmental control permits held by or for the User's facility, and a copy of the County "Business Emergency Plan" which addresses the location, type and quantity of hazardous materials handled by the User; •All applicable Best Management Practices; •Initial applications for a Class I Permit (Categorical Industrial User) shall include a Baseline Monitoring Report as described in Section 13; •Signature and certification in accordance with Section 13; and •Any other information necessary to evaluate the permit application. 11.04 Permit Evaluation 11.04.01 The General Manager will evaluate the data furnished by the User and may require additional information, such as critical parameter reporting. After evaluation of the data furnished, the General Manager may issue a wastewater discharge permit subject to the terms and conditions provided herein. 11.04.02 If the General Manager determines that the proposed discharge will not be acceptable, he shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process. The applicant may submit Ordinance 404 50 a revised permit application for the evaluation of the General Manager. 11.05 Permit Contents Permits, whether individual (site specific) or general (group), shall contain at least the following: •Statement of permit duration. •Statement of permit non-transferability. •Statement of prohibited discharges and other applicable effluent limitations including Best Management Practices. •Statement of applicable administrative, civil, and criminal penalties for violation of Pretreatment Standards and Requirements. •A schedule of Pretreatment Program fees and charges. •Limitations on the average and/or maximum wastewater constituents and characteristics. •Specifications for self-monitoring, which may include: pollutants to be monitored; sampling location(s); frequency of sampling; sample type(s); number, types, and standards for tests; and reporting schedule; and may include total Toxic Organic monitoring. •Compliance Time Schedule(s) where required. •Depending on the specific nature of the permitted facility and discharge, a permit may also contain the following: •Limitations on average and/or maximum flow rates. •Requirements for installation and maintenance of inspection and sampling facilities. •Requirements for installation and maintenance of spill containment systems. •Requirements for submission of technical or discharge reports. •Requirements for maintaining and retaining plant records relating to the wastewater discharge. •Requirements for notification of slug or accidental discharges, and/or discharges of hazardous waste. •Requirements for submittal of slug discharge control plans and/or solvent management plans. •Other conditions as deemed appropriate by the District to ensure compliance Ordinance 404 51 with this Ordinance. 11.06 Permit Modifications 11.06.01 General: The limitations or requirements of the permit shall be deemed automatically modified if limitations or requirements are modified by operation of law or just cause exists. The User shall be informed of any such modifications and shall be given a reasonable time schedule for compliance. 11.06.02 Promulgation of Categorical Standards 11.06.02.1 Affected Users shall apply for modification of their Permits upon promulgation of a new or revised Categorical Standard, and shall comply with such Standard within the time frame prescribed therein. Within 180 days after the promulgation of new or revised the Categorical Standard, they shall submit to the District a time schedule for compliance with the Categorical Standard. 11.06.02.2 Where an affected User has not previously submitted an application for a permit as required by Section 11, the User shall submit a completed application to the District within 180 days after the promulgation of the applicable Categorical Standard. 11.06.02.3 Changes in Operation: Industrial Users shall apply for and obtain necessary and appropriate Permit modifications prior to initiating any changes in the User's operation that may cause a change in quantity or quality of the User's discharge. For the purposes of this section "changes" shall mean the following: An increase of 25% or more in the quantity of industrial wastes discharged, the addition of new waste-generating processes, the addition of different waste-generating equipment, or the addition of process equipment that results in an increase in production capacity. 11.07 Permit Transferability Nondomestic Wastewater Discharge Permits are issued to specific Users for specific operations. A Nondomestic Wastewater Discharge Permit shall not be transferred, either from one location to another or from one User to another. Concurrently with a change in ownership, the new owner shall apply for a new Nondomestic Wastewater Discharge Permit. 11.08 Duration of Permit Permits shall be issued for a term not to exceed three (3) years. 11.09 Permit Suspension or Revocation Ordinance 404 52 The General Manager may suspend or revoke any permit if the user is in violation of any provision of this Ordinance or user permit. These violations include but are not limited to: falsification of any required information; denial of EVWD’s right to entry; failure to re-apply for a permit or request a required permit modification; failure to pay required permit fees or charges; or any discharges in violation of this Ordinance. The General Manager may suspend or revoke the permit upon a minimum notice of fifteen calendar days when the General Manager finds the user violated any provision of this Ordinance or user permit. The permit suspension or revocation will result in them immediate suspension of all discharge rights and privileges as specified in this Ordinance. All costs associated with the permit suspension or revocation, and any reissuance of the permit, shall be paid by the user. 11.10 On Site Accessibility The permitted Industrial User shall maintain a copy of the current Permit readily accessible at the site of nondomestic wastewater discharge at all times. 11.11 Authority Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, charges and fees established by District resolution or ordinance. The General Manager may include some or all of the following as conditions in any Industrial Waste Permit: 11.12 Pretreatment of Industrial Waste The General Manager may require pretreatment of the industrial waste to an acceptable condition prior to discharge to the Public Sewer. The design and installation of any pretreatment plants and equipment shall be subject to the review and approval of the General Manager and the requirements of all applicable codes, ordinances, laws, and regulations. 11.13 Quantities and Rates The permit may require that the Owner exercise specific control over the quantities and rates of discharge. If necessary, the Owner shall install an approved flume and automatic recording devise for the purpose of measuring flow and flow rates. 11.14 Gravity Separation Interceptors The Owner may be required to install, maintain and use Grease and/or Sand Gravity Separation Interceptor as specified in the Uniform Plumbing Code, or as specified, modified or superseded by the District Ordinances, Rules and Regulations. 11.15 Costs For Additional Treatment Ordinance 404 53 If in the opinion of the General Manager, the Industrial Waste will require additional handling and treatment by the District, the Industrial Waste Permit shall include a special agreement or arrangement between the District and the Permittee whereby an industrial waste may be accepted by the District for treatment, subject to payment of the added cost for this handling and treatment as established by the Board. 11.16 Control Manholes When required by the General Manager, the Owner of any property served by the Building Sewer carrying industrial wastes shall install a suitable control manhole in the Building Sewer to facilitate observation, sampling and measurement of waste. Such manhole shall be installed by the owner at his expense and shall be maintained so as to be safe and accessible at all times. 11.17 Measurements and Tests All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods” and shall be determined at said Control Manhole. In the event that no Control Manhole has been required, the Control Manhole shall be considered to be the nearest downstream manhole in the Public Sewer to the point at which the Building Sewer is connected. 11.18 Maintenance of Equipment All pre-treatment system, flow measuring equipment, flow equalization device, grease or sand interceptor or separator, or other equipment or device required by the Industrial Waste Permit shall be continuously maintained in satisfactory and effective operation at the Owner's expense. SECTION 12. PRETREATMENT FACILTY REQUIREMENTS 12.01 Pretreatment of Nondomestic Wastewaters - Users shall provide, at their sole cost and expense, all wastewater pretreatment needed to comply with this Ordinance and all applicable Categorical Standards within the time limitations specified therein. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted, reviewed and approved by the District before construction of the facilities. The District's approval of such plans and operating procedures shall not relieve the User from the responsibility of modifying the facilities as necessary to produce an effluent which complies with Ordinance 404 54 all provisions of this Ordinance, applicable Categorical Standards and State and Federal laws, rules, and regulations. 12.02 Monitoring Facilities - The District may require, at the User's expense, the installation and operation of monitoring facilities to allow inspection and sampling of discharges to the sewerage system. The monitoring facilities shall include a suitably designed control structure and other such sampling, monitoring, and flow-metering equipment as are necessary to facilitate safe inspection and sampling and accurate monitoring. The control structure shall be watertight, structurally sound, and durable. The monitoring facilities, including sampling, monitoring, and flow measuring equipment, shall be maintained at all times in a safe and proper operating condition at the expense of the User. Monitoring facilities shall normally be situated on the User's premises, but when such a location would be impractical or cause undue hardship on the User, the District may permit the facilities to be located within a District-owned or controlled right-of-way. If the control structure is inside the discharger's fence or other secure location, there shall be accommodations to allow access for District personnel, such as a gate secured with a lock, with key provided to the District. There shall be ample room and a 120 V power outlet in or near monitoring facility to allow installation of portable sampling and monitoring equipment by District personnel. Whether located on public or private property, the sampling and monitoring facilities shall be constructed in accordance with the District's requirements and all applicable local construction standards and specifications. Construction Drawings for proposed monitoring facilities shall be approved by the District prior to construction. Construction shall be completed within 90 days following written approval by the District, unless the District grants a time extension. 12.02.01 Monitoring Requirements. Industrial Users may be required by the District to collect representative samples and have them analyzed for the purpose of determining compliance with established wastewater discharge limitations. Permits will contain specified times for said monitoring. 12.02.02 Automatic Re-Sampling Requirement. In the event that sample Ordinance 404 55 data indicates non-compliance with any District standard or limitation, said user will be required to resample for those pollutant parameters that indicate non-compliance and submit new analytical results within 30-days of receiving the initial sample results which indicated non- compliance. 12.02.03 Additional Monitoring. If the Industrial User monitors at the approved sample point(s) more often than required by the District, using approved sample collection methods and analytical procedures, then the results must be reported to the District within 30-days of receiving the results. The automatic re-sampling requirement also applies to any additional sampling that indicates non-compliance. 12.03 Flow Monitoring Equipment - A Significant Industrial User with an average daily discharge flow of more than 10,000 gallons per day shall install and operate a continuous monitoring flow meter capable of measuring the User's discharge to the District's sewerage system as part of its Monitoring Facilities. The flow measuring device shall be of a type appropriate to the quantity and characteristics of the discharge and shall be equipped with a flow indicator reading in gallons per minute (gpm) and a flow totalizer reading in gallons. If installation of a wastewater discharge flow meter is not practical, the General Manager may permit the User to install an approved water meter on the water line or lines supplying the process(es) that generate(s) the discharge. 12.04 Pretreatment of Fats, Oils, and Grease 12.04.01 General. This section sets forth the requirements of the Districts FOG Discharge Control Program. The requirements of this section shall apply to all food service establishments (FSE) as defined in Section 3. 1. New Construction of FSEs. All new construction projects shall comply with these regulations immediately upon adoption by the Board of Directors of the East Valley Water District. 2. Existing FSEs. All existing FSEs that own and operate a GCD shall not be required to install a new GCD unless any of the following should occur A. The FSE is determined to be the cause of a sanitary sewer overflow related to the discharge of FOG to the sewer system, or Ordinance 404 56 B. The FSE is determined to be bypassing FOG to the sewer system, or C. The FSE experiences a change in any of the following: 1. Changes in menu; 2. Changes in operating hours; 3. Changes in the maximum seating capacity; 4. Changes in the maximum meals served per peak hour; 5. Changes in the equipment used. 12.04.02 Legal Authority. The District’s FOG Discharge Control Program is supported by this Ordinance, which gives the District the legal authority to prohibit discharges into the sewer system, authority to require installation of pretreatment (i.e. grease removal devices), authority to inspect grease producing facilities and authority to enforce these provisions. 12.04.03 Prohibited Discharges – It shall be deemed a violation of this ordinance for any FSE to discharge or allow to be discharged to the sanitary sewer any of the following: 1. Fats, Oil and Grease (FOG), including any liquid or other wastes containing FOG; 2. Grease Control Device (GCD) contents; 3. Waste Oil Container contents; 4. Drippings or spills from Outdoor Refuse Management and Containment Areas; and 5. Refuse, liquids and other waste from indoor and outdoor storage and wash areas and public or employee areas associated with a Food Facility. 12.04.04 Disposal of FOG Plan and Schedule for Disposal of FOG within the Service Area. The District does not own or operate any FOG disposal facilities. The FSEs must, at a minimum, collect waste FOG and prevent its discharge into the collection system by implementing BMPs in accordance with Section 12.04.010 to reduce the amount of FOG requiring disposal. For waste FOG that is generated, it must be collected and stored properly in recycling barrels or drums in accordance with EVWD requirements. FSEs must use a licensed hauler or Ordinance 404 57 recycling facility to dispose of this waste. FSEs must save receipts for the proper disposal, which are reviewed during an FSE inspection conducted by Pretreatment Inspectors and Assistants. 12.04.05 Grease Control Device (GCD) Required. Unless otherwise approved by the District, FSEs shall install and maintain a GCD in accordance with this ordinance and the requirements set forth in the East Valley Water District Regulations for the Installation and Sizing of Grease Control Devices. 12.04.06 Waiver of Requirement to Install GCD - District may elect to issue a Conditional Waiver or require a under sink GCD as approved by the County of San Bernardino Department of Environmental Health Services, if it is determined that the FSE does not have the reasonable potential to cause an adverse effect on the POTW. However, the District may revoke the Conditional Waiver for the following reasons: 1. Changes in menu; 2. Falsification of information in the Food Service Establishment Permit Application; 3. Changes in operating hours; 4. Changes in the maximum seating capacity; 5. Changes in the maximum meals served per peak hour; 6. Changes in the equipment used; 7. Changes in the quantity or quality of the wastewater discharged; 8. Increased sewer line maintenance or sanitary sewer overflows (SSOs) which are attributed to the FSE’s wastewater discharge 12.04.07 Food Service Establishment (FSE) Permit Required. All FSEs, are required to submit a Food Service Establishment Permit Application to the District before discharging any wastewater to the sewer system. 12.04.08 GCD Installation and Sizing Requirements. GCDs shall be installed and sized in accordance with the requirements set forth in the East Valley Water District Regulations for the Installation and Sizing of Grease Control Devices. 12.04.09 GCD Maintenance Requirements. Any person, property owner, or FSE that owns, operates, or maintains a GCD shall maintain it properly. Ordinance 404 58 1. The GCD shall be cleaned as often as necessary but not less than once every 90 days to ensure that sediment and floating materials do not accumulate to impair the efficiency of the GCD and odors do not cause a public nuisance. A GCD is considered to be in violation under the following conditions: 2. Odors generated from the GCD cause a public nuisance. 3. The GCD is not in good working condition and appears to be malfunctioning or bypassing. 4. The GCD contains FOG and solids accumulation exceeding its rated capacity as documented by the manufacturer through third party test reports, or in the absence of that, twenty- five percent (25%) of the design hydraulic depth of the GCD. 5. The wastewater discharged from the FSE is determined to contain more than 250 mg/L of oil and grease. 6. When a GCD is cleaned, it must be pumped out completely and the removed sediment, liquid, and floating material shall be lawfully disposed of at a facility legally approved to accept such waste. 7. The user shall maintain a manifest for the removed GCD waste for a minimum of three years. The manifest shall include at a minimum: the name and address of the facility where the waste is removed, the disposal site for the GCD waste, the volume removed, and the date and time of removal. Failure to maintain and provide the required information may require the user to document the required information on an EVWD issued grease hauler manifest form. 8. The removed pretreatment waste shall not be reintroduced into the GCD or discharged into another GCD, or at another location which has not been approved by the District to accept such waste. 9. The use of chemicals to dissolve grease in a GCD is specifically prohibited.. The owner, lessee, or sub-lessee, of any facility required to install an interceptor, and any proprietor, operator or superintendent of such facility are individually and severally liable for any failure of proper maintenance of such interceptor. Failure to maintain an GCD is a violation of this Ordinance and subjects the User to progressive enforcement actions in accordance with the approved Enforcement Response Plan. 12.04.10 Best Management Practices for FSEs. 1. All FSEs are required to implement BMPs to control the discharge of FOG to the Ordinance 404 59 sewer system and prevent SSOs. The BMPs are subject to approval by the District and at a minimum must include the following elements: A. Dispose food waste directly into approved disposal containers and not in sinks. B. Install drain screens on all drainage pipes. periodically clean the screens and dispose screened solids into trash or garbage cans. C. “Dry wipe” pots, pans, dishware and work areas prior to washing. Use rubber scrapers or paper towels to remove FOGs from cookware, utensils, and serving ware. D. Collect waste cooking oil and store properly in recycling barrels or drums. Use a licensed hauler or recycling facility to dispose of this waste. E. Use absorbent products to clean under fryer baskets and other locations where FOGs may be spilled or dripped. F. Train kitchen staff and other employees to follow BMPs. G. Post all applicable BMPs in the food preparation and/or dishwashing area. H. Observe proper GCD cleaning and maintenance procedures to ensure the device is properly operating. I. Comply with all other BMPs deemed appropriate by the District. 2.In the event an industrial user fails to comply with the requirements of this Ordinance, the District may take immediate enforcement action to reduce the risk of FOG entering the collection system by applying one or more appropriate enforcement action(s). The enforcement actions available to the District are outlined in Enforcement Response Plan (ERP), and an individual ERP may be developed for the non-compliant FSE. 12.04.11 FSE Inspection Requirements - This Ordinance provides the authority to carry out all inspection, surveillance, and monitoring procedures necessary to make a determination on compliance or noncompliance by FSEs with pretreatment standards and requirements, independent of information supplied by FSEs. This Ordinance specifies that whenever it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this or other applicable law, or whenever the District has reasonable cause to believe that there exists upon any premises any possible violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe, or dangerous, the District or his/her designate is authorized to enter such property at any reasonable time and to inspect the same and perform any Ordinance 404 60 duty imposed upon the District or his/her designate by this section or other applicable law. To that end, FSEs shall comply with the following inspection requirements: 1. The District shall inspect the facilities of any user to ascertain whether all requirements of this Ordinance are being met. Persons on the premises shall allow the District ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. 2. The user shall ensure that there is always a person on site, during normal business hours, knowledgeable of the user’s processes and activities to accompany the District during the inspection. 3. The user shall provide immediate access when an emergency exists. 4. All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles, or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment. 5. No user shall interfere, with delay, resist or refuse entrance to the District when attempting to inspect any facility which discharges wastewater to the POTW. 6. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make all necessary arrangements so that, upon presentation of identification, the District will be permitted to enter, without delay. 7. The user shall make available for copying by the District, all records required to be kept under the provisions of This Ordinance. 12.05 Pretreatment for Vehicle and Equipment Servicing and Washing Facilities 1. Any facility maintained for the servicing, washing, cleaning, or repair of vehicles, roadway machinery, construction equipment, industrial transportation or power equipment, and which discharges nondomestic wastewater to the public sewer, shall install and maintain a sand/oil separator. Oil/Sand Separators shall comply with the installation and sizing requirements of the California Plumbing Code. 2. Oil/Sand Separators shall be maintained properly. Accumulated sediment, petroleum oils, flammable liquids, or any other accumulations shall be periodically removed by a licensed hauler and disposed of at a licensed disposal site. Maintenance shall be performed not less than once per year. Ordinance 404 61 3. The District will conduct routine inspections of facilities with Oil/Sand Separators to ensure they are being properly maintained in compliance with these requirements as required by this ordinance. Determinations of non-compliance shall subject facilities to the enforcement actions included in this ordinance. 12.06 Pretreatment of Dental Amalgam 1. All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following BMPs: A. No person shall rinse chair-side traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer system. B. Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury- containing material and fixer-containing solutions. Training records shall be maintained and made available for inspection as described in Record Keeping and Reporting Section of this Ordinance. C. Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials. D. Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system. E. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted. 2. All homeowners and operators of dental vacuum suction systems, shall comply with the following: A. An ISO 11143 certified amalgam separator device shall be installed for each dental vacuum suction system. The installed device must be ISO 11143 certified as capable of removing a minimum of 95% of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the rated plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity or ISO 11143 test methodology, a non- certified acceptor will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Ordinance 404 62 B. Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be maintained and made available for inspection as described in Section 13. 3. The following types of dental practice are exempt this Section, provided that removal or placement of amalgam fillings occurs at the facility no more than three days per year: A. Orthodontics; B. Periodontics; C. Oral and maxillofacial surgery; D. Radiology; E. Oral pathology or oral medicine; F. Endodontistry; and G. Prosthodontistry. 4. All owners and operators of dental facilities shall submit an annual report for each facility to the superintendent on or before February 1st of each calendar year. The annual report shall contain information on the dental facility’s amalgam separator and its maintenance and shall require the dental facility to certify that it is in full compliance with this section. The annual report shall be on a form provided by the District. 5. The District will determine the maximum allowable copper limit for dental facilities in sewer permits issued to these facilities. If no limit is set in the permit, the maximum allowable limit for copper for dental facilities shall be 2.0 mg/liter. 12.07 Silver Recovery Pretreatment Systems All industrial users who discharge wastewater to the POTW which is generated from the development of photographic film, film negatives, x-rays, or plate negatives shall install silver recovery pretreatment equipment, as required by the General Manager. The silver recovery equipment shall be capable of sufficiently removing silver from the fixer solution and any silver laden rinse water to meet the required local discharge limits specified herein. The photo developing solution shall be required to be separated, reclaimed, hauled by a licensed waste hauler to an approved disposal site and shall not be discharged to the silver recovery equipment. Ordinance 404 63 As required by the General Manager, the user shall install an approved sample collection device at the discharge end of the silver recovery equipment to facilitate the collection of representative wastewater samples. 12.08 Spill Containment Systems A spill containment system is a system of dikes, walls, barriers, berms, secondary vessels, or other devices designed to contain spillage of the liquid contents of containers, in order to prevent such liquids from entering the Sewer System. Any person who uses or stores such liquids, other than pure water, in the vicinity of a floor drain or other opening to the Sewer System, such that spilled liquids might enter the Sewer System, shall install a spill containment system. Spill containment systems shall be constructed of impermeable and non-reactive materials with respect to the liquids being contained. Spill containment systems shall be designed to prevent the hazardous mixture of incompatible liquids in the event of failure of one or more containers. Spill containment systems shall conform to all State and County regulations and policies as to percent containment, container type, and size. The spill containment systems shall be sufficient to prevent the discharge of any bulk chemicals, raw materials, finished product, etc. to the POTW. Spill containment requirements include but are not limited to the following: 1.Spill containment systems for tanks, carboys, and vats shall consist of a system of dikes, walls, barriers, berms, or other devices approved by the General Manager which are designed to contain a minimum of 110% of the liquid contents of the largest container stored in the containment device. 2.Spill containment systems for drums and barrels may consist of individual spill containment skids, pallets, or other devices approved by the General Manager which are designed to contain a minimum of 110% of the entire contents of all containers stored in the containment device. 3.Spill containment systems shall be constructed of materials that are impermeable and non-reactive to the liquids being contained. 4.Outdoor spill containment systems shall be constructed with adequate covering to prevent the accumulation of water from inclement weather or irrigation within the spill containment device. 5.Spill containment systems shall not allow incompatible substances to mix and cause Ordinance 404 64 a hazardous situation in the event of a failure of one or more containers. 6.At no time shall a user use a spill containment system for the storage of waste other than from a spill generated from a contained liquid. 7.Liquid contained within the spill containment system shall be removed as soon as possible or as instructed by the General Manager to restore the capacity of the spill containment system to the original volume. 12.09 Industrial User Compliance Plans 12.09.01 Solvent Management Plans. Each permitted Industrial User who uses or stores significant quantities of chlorinated organic solvents onsite, and each Industrial User subject to promulgated Categorical Standards which include a Total Toxic Organic limitation, shall file a Solvent Management Plan with the District. A Solvent Management Plan shall demonstrate proper containment and disposal of solvents in order to assure compliance with the provisions of this Ordinance and applicable Categorical Standards. 12.09.02 Slug Discharge Control Plans. Each permitted Industrial User who stores significant quantities of liquids in the vicinity of floor drains or other openings to the Sewer System such that spillage of stored liquids could result in Slug Loading (as defined herein) or in any violation of the provisions of this Ordinance shall file a Slug Discharge Control Plan with the District. All Significant Industrial Users shall be evaluated for the need to develop a Slug Discharge Control Plan. The Plan shall contain at a minimum, the following elements: 1.Description of discharge practices, including non-routine batch discharges; 2.Description of stored chemicals; 3.Procedures for immediately notifying the POTW of slug discharges, and procedures for follow- up written notification to the District within 24 hours; 4.Procedures to prevent adverse impacts from Slug Discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response; and 5.If requested by the General Manager, follow-up practices to limit the damage Ordinance 404 65 suffered by the POTW Treatment Plant or the environment by Slug Discharges. SECTION 13. RECORD KEEPING AND REPORTING REQUIREMENTS 13.01 Industrial User Record Keeping - All Industrial Users shall keep records of waste hauling, reclamation activities, monitoring, pH and flow measuring device calibration reports, sample analysis data, flow and pH meter chart recordings, records of pretreatment equipment maintenance, best management practices including but not limited to interceptor and clarifier maintenance and cleaning, correspondence with the District, and such other records as the District may reasonably require, on the site of wastewater discharge. All such records shall be available for inspection and copying by District personnel. All records must be kept for a minimum of three years or longer in the event a criminal or civil action is commenced. 13.02 Industrial User Reporting Requirements - Industrial Users are required to submit the following types of reports: 13.02.01 Report of Potential Problems - If, for any reason, pollutants are discharged at a flow rate or concentration that might cause Interference or Pass-Through, as defined herein, or which might result in a violation of Waste Discharge Requirements Permit requirements or requirements of this Ordinance, or create a hazard to District personnel, the Sewer System and/or the Public, the Industrial User shall orally notify the District immediately. The oral report shall be followed by a written report submitted to the District within five days. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the District within 30 days. 13.02.02 Notification of Changed Discharge - Each Industrial User shall promptly notify the District in advance of their termination of discharge, or of any increase in the volume of their discharge beyond flow limits specified in their permit, or of any significant change in the character of pollutants in their discharge. Significant Industrial Users shall immediately notify the District of any changes at its facility that affect the potential for a slug discharge. 13.02.03 Notification of Hazardous Waste Discharge - Discharge of hazardous wastes is prohibited. However, should any discharge of hazardous wastes occur, the discharger Ordinance 404 66 shall observe the following notification procedures: 1.All Industrial Users shall notify the District, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be classified a hazardous waste pursuant to 40 CFR Part 261. 2.Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). 3.The notification shall also contain the following information to the extent such information is known and readily available to the Industrial User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, an estimation of the mass of such constituents in the waste stream expected to be discharged during the following 12 months, and a compliance plan with time schedule for ceasing discharge of all hazardous constituents. 4.The Industrial User shall provide the above-required notifications to the District no later than five days, and to the other agencies specified no later than 180 days, after the discharge of the hazardous waste. 5.In the case of new Federal regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User shall notify the District, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations. 6.In the case of any notification made under these requirements, the Industrial User shall certify that it has a program in place to eliminate all hazardous waste discharge. 7.Dischargers of hazardous waste shall also comply with the reporting requirements specified in Division 20, Chapter 6.95 of the California Health and Safety Code. Self-Monitoring Reports: Significant Industrial Users are required to submit Self- Monitoring Reports at least once every six months, which shall contain a description of the nature, concentration, and flow of pollutants required to be reported by the District, and the time, date, and place of sampling and methods of analysis. Sampling for Self-Monitoring Reports shall be performed during the period covered by the report. Significant Industrial Users are required to report all monitoring results. All required analyses shall be performed by a State Certified Laboratory using Approved Analytical Methods as defined herein. Ordinance 404 67 13.02.04 Other Reports - Any other reports required by California State Law or by the General Manager. 13.03 Categorical Industrial User Reporting Requirements - Categorical Industrial Users shall comply with the reporting requirements set forth in Section 12 and shall also submit Initial Baseline Monitoring Reports (BMRs) and Periodic Compliance Reports, and, if necessary for compliance with the provisions of the applicable Categorical Standard, Schedule Compliance Reports, And Final Compliance Reports. 13.03.01 Baseline Monitoring Report (BMR) - A Baseline Monitoring Report shall be submitted as part of any initial application for a Class I Permit to facilitate evaluation of initial compliance status with respect to Categorical Standards, and any modifications or conditions necessary to achieve full compliance with categorical standards. A Class I Permit Application and BMR shall constitute a Baseline Report. 1.Each Class I Permit Application and BMR submitted by a facility in operation prior to the effective date of this Ordinance shall include analysis reports of samples collected to demonstrate compliance with applicable Categorical Standards. The application shall also include a statement, signed by an authorized representative of the Industrial User, and certified as to accuracy by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and requirements. 2.If immediate compliance with applicable Categorical Standards is not possible and additional pretreatment or operation and maintenance is necessary, the Class I Permit Application and BMR shall include a time schedule specifying the shortest time necessary to achieve full compliance. The full compliance date shall not be later than that specified in the applicable Categorical Standard. The time schedule shall contain dates for pretreatment equipment design completion, building permit submittal date, construction commencement date, construction updates, construction completion date, employee training completion date, and date of achieving full compliance. In no case shall the period between compliance milestones in the Compliance Time Schedule exceed nine months. New Sources (as defined herein) shall achieve compliance with all applicable Pretreatment Standards within 90 days of commencing discharge. Ordinance 404 68 13.03.02 Schedule Compliance Reports - When the Class I Permit Application and BMR included a time schedule for achieving full compliance with Categorical Standards by a certain date, the applicant shall periodically submit Schedule Compliance Reports to demonstrate compliance with milestone dates specified in the time schedule. 1.Schedule Compliance Reports shall include, where applicable, analysis reports of samples collected to demonstrate compliance. 2.Schedule Compliance Reports shall be submitted at the completion of all major events necessary to achieve full compliance with Categorical Standards, but not less frequently than every 30 days. 3.Schedule Compliance Reports must be submitted within 14 days of a milestone date. 13.03.03 Final Compliance Report - The applicant shall submit a Final Compliance Report, if necessary, to demonstrate that full compliance with Categorical Standards has been achieved. 1.A Final Compliance Report shall include all information contained in a Class I Permit Application and BMR. 2.Final Compliance Reports shall be submitted within 90 days of achieving compliance with Categorical Standards. 3.Final Compliance Reports from New Sources (as defined herein) must be submitted within 90 days after the facility commences discharge. 13.03.04 Periodic Compliance Reports - Periodic Compliance Reports shall be submitted to demonstrate continued compliance with Categorical Standards. 1.Periodic Compliance Reports shall include all monitoring data specified in the applicable Categorical Standard and any additional monitoring data obtained by the User. 2.Sampling for Periodic Compliance Reports shall be performed during the period covered by the Report. 3.Analyses shall be performed by a State certified laboratory using Approved Analytical Methods as defined herein. 4.Periodic Compliance Reports shall be submitted every six months in June and December of each year, along with the Self-Monitoring Report pursuant to Section 13 herein with Ordinance 404 69 the exception of the annual certification requirement by non-significant categorical industrial users. 13.04 Signatory and Certification Requirement - All reports and plans submitted to the District by Industrial Users pursuant to a permit condition or any section of this Ordinance shall be signed and dated by an authorized representative of the Industrial User. The signature shall accompany the following certification statement: "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". Analytical reports submitted directly to the District by a certified analytical laboratory at the request of the Industrial User for samples of wastewater collected at Industrial User facilities may be signed, dated, and certified by the laboratory manager in lieu of an authorized representative of the Industrial User. However, such reports shall be accompanied by a statement, signed, dated, and certified by an authorized representative of the Industrial User, as above, which verifies that the sample identified in the analytical report was collected on the date and time indicated at the location indicated, and using the method indicated on the analytical report. Said signed, dated, and certified statement may be included as part of the chain-of-custody form for the sample. 13.05 Public Access to Information - Except for data determined to be confidential under 40 CFR Part 2, all reports, data, and information submitted by Industrial Users to the District in accordance with the terms of this Ordinance shall be available for public inspection. All reports, data, and information submitted by Industrial Users to the District in accordance with the terms of this Ordinance shall be available without restriction to the EPA, the State Water Board, and the Regional Board. Any person requesting this information from the District shall be required, prior to receipt Ordinance 404 70 of the information, to pay the reasonable costs of reproduction incurred by the District. 13.06 Confidentiality - All information provided by a User or obtained by the District through monitoring and/or inspection shall be made available for public inspection, unless the User specifically requests confidentiality and can demonstrate to the General Manager that release of such information will violate the User's right to protection of trade secrets under applicable State law. Permits, permit applications; and data pertaining to wastewater discharge quality and quantity shall not be treated as confidential information. Requests for confidentiality must be submitted at the time of submission of the information or data to the District. If a request for confidentiality is granted by the General Manager, the information will be treated in accordance with the procedure in 40 CFR Part 2 (Public Information). If a request for confidentiality is rejected by the General Manager, the information will be made available for public inspection. SECTION 14. INSPECTION 14.01 Entry and Inspection- The General Manager may enter upon the premises of any User during reasonable hours for the purpose of inspecting the facilities to ensure compliance with this Ordinance. The General Manager may inspect facilities of any User who may be a generator of nondomestic wastewater or a discharger of commercial or industrial water softener brines, storm water, or other prohibited wastes to the POTW, to determine compliance with this Ordinance. Persons or occupants of premises where nondomestic wastewater is, or may be, created or discharged, shall promptly allow the General Manager ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, examination and copying of records, taking photographs, and performance of any of his duties. Users shall permit the General Manager to place on the Industrial User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering Ordinance 404 71 operations. Where a User has security measures in force that would require proper identification and clearance before entry into the User's premises, the User shall make all necessary arrangements so that upon presentation of suitable identification, the General Manager will be permitted to enter, without delay, for the purpose of performing inspection and sampling. Delays in allowing the District access to the User's premises shall be a violation of this Ordinance. 14.02 Inspection Warrants - In the event the District has been refused access to a building, structure, or property, or any part thereof, the General Manager is hereby authorized to obtain inspection warrant from a court of competent jurisdiction. SECTION 15. ENFORCEMENT 15.01 Responses to Violation - Whenever the General Manager finds that any person has violated or is violating this Ordinance, Pretreatment Standards, Categorical Standards or the Permit, the District will pursue enforcement actions in accordance with this Ordinance and the Enforcement Response Plan (ERP) adopted by the District’s Board of Directors. To the extent that the ERP is inconsistent with this Ordinance, then this Ordinance will take precedence. The General Manager, upon finding a violation, may employ any of the remedies set forth in this Section, subject to due consideration of the following: 1.The magnitude of the violation; 2.The duration of the violation; 3.The effect of the violation on the POTW'’s compliance with any Waste Discharge Order, Permit, or other requirements; 4.The effect of the violation on the operation of the POTW; 5.The compliance history of the user; and 6.The good faith of the user. The General Manager may issue any of the following after consideration of the criteria listed above and the District’s ERP. 1.Notice of Violation; 2.Order to prepare a Specific Compliance Plan 3.Order to comply with a Compliance Time Schedule Ordinance 404 72 4.An Administrative Order, including: 5.Order to Stop Work 6.Cease and Desist Order 7.Order to Implement Noncompliance Monitoring Program 8.Permit Suspension Order 9.Permit Termination Order 10.Administrative Complaint 15.02 Administrative Complaint - Refer to EVWD’s ERP Section III.A.11. 15.02.01 Civil Penalties: Refer to EVWD’s ERP Section III.A.12. 15.02.02 Judicial Review: Refer to EVWD’s ERP Section III.A.13. 15.03 Civil Liability for Violation - Refer to EVWD’s ERP, Section III.A.14. 15.04 Emergency Termination Service - Refer to EVWD’s ERP, Section III.A.16. 15.05 Annual Public Notice ff Significant Noncompliance - Refer to EVWD’s ERP, Section III.A.17. 15.06 Supplemental Enforcement Actions - Refer to EVWD’s ERP, Sections III.A.18 and III.A.19. 15.07 Protection From Damage - Refer to EVWD’s ERP, Section III.A.20. 15.08 Falsifying Information - Refer to EVWD’s ERP, Section III.A.21. 15.09 Issuance of Cease and Desist Orders - Refer to EVWD’s ERP, Section III.A.7. 15.10 Criminal Penalties - Refer to EVWD’s ERP, Section III.A.15. 15.11 Termination of Service - Refer to EVWD’s ERP, Section III.A.16. 15.12 Payment of Fees, Charges and Penalties - Payment of fees, charges, and penalties for violations shall be in accordance with the EVWD ERP, Section III.A.23. Ordinance 404 73 15.13 Damage to Facilities or Interruption of Normal Operations - Refer to EVWD’s ERP, Section III.A.24. SECTION 16. MISCELLANEOUS PROVISIONS 16.01 Sale of By-Products - The District may sell or otherwise dispose of water, treated or reclaimed wastewater or any other by-product of District operations to private individuals, corporations, or public entities upon terms approved by the Board. 16.02 Amendments - The District may, from time to time, in its discretion, by Resolution or Ordinance, amend the rules and regulations governing the discharge of nondomestic wastes so as to keep the District in compliance with evolving State and Federal Law. 16.03 Severability - If any provision, paragraph, word, section or Section of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. 16.04 Conflict - Any Ordinances or Resolutions inconsistent or conflicting with any part of this Ordinance shall be subordinate to this Ordinance and this Ordinance shall take precedence to the extent of such inconsistency or conflict. 16.05 Variances - The Board may find that by reason of special circumstances, any provision of this Ordinances should be suspended or modified as applied to a particular circumstance, and may, by Resolution, order such suspension or modification for such circumstance during the period of such special circumstances or any part thereof. 16.06 Powers and Authorities of Inspectors - Any duly authorized employee of the District as determined by the General Manager shall carry evidence establishing the position as an authorized representative of the District and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing and otherwise performing such duties as may be necessary in the enforcement of the provisions of the Ordinance, Rules and Regulations of the District. Ordinance 404 74 16.07 Inspection and Sampling - The District may inspect the facilities of any User to ascertain whether the requirements of this Ordinance are being complied with by such User. Persons or occupants of buildings where wastewater is created or discharged shall allow the District or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection and/or sampling or otherwise in the performance of any of their duties. The District shall have the right to install at the User's property such devices as are necessary to conduct sampling or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security measures so that upon presentation of suitable identification, employees of the District shall be permitted to enter without delay for the purposes of performing their specific responsibilities. 16.08 Judicial Review Of Ordinance - Pursuant to Section 1094.6 of the Code of Civil Procedure, the time within which judicial review shall be sought concerning the adoption of this Ordinance is 90 days following the date on which the decision adopting it is final. The decision adopting this Ordinance is final on the date it is adopted. SECTION 17. CUSTOMER BILLING PROCEDURES 17.01 Establish Rates and Charges - The Board of Directors shall from time to time establish rates and charges for sewer and other service provided by the East Valley Water District by Resolution. 17.02 Charges - Sewer charges shall begin when a sewer service connection is installed. Thereafter, the District may transfer to the account which is established for such service any delinquent and/or unpaid charges from other closed or open accounts which are held by the customer and/or property owner with the District. 17.03 Liability for Sewer Service - The property owner shall be held liable for sewer service charges until such time as the District is notified in writing to transfer the account to another property owner. Ordinance 404 75 17.04 Liens for Unpaid Bills - All unpaid bills will be made a lien against the property pursuant to these rules, regulations, and California Water Code Section 31791.5, et.seq. Delinquency charges may be applied to unpaid liens. 17.05 Owner Liability - The property owner remains responsible for all charges owed to the District whether or not the property owner actually lives on the premises, or signs the application for sewer service form. 17.06 Billing Period - The regular billing period will be monthly. 17.07 Opening and Closing Bills - Opening and closing bills for residential accounts less than the normal billing period shall be pro-rated. Commercial accounts shall be billed based upon actual water consumption. 17.08 Payment of Bills - Bills for sewer service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the final due date, the bill shall become past due and delinquent. 17.09 Delinquency Notice - A delinquency notice shall be mailed to customers whose accounts are delinquent, warning that service is subject to disconnection. The information that must be contained on the Delinquency Notice and the procedures for disconnecting service for non-payment are contained in the District’s Policy for Discontinuation of Residential Water Service and in Sections 10 through 12 of the District’s Water Regulations and Service Ordinance. 17.10 Removal of Delinquency - At the end of each calendar year customers may request that the District remove one delinquency from the record of their account when one or more delinquencies have occurred during the previous 12 months. 17.11 Legal Action - All unpaid rates and charges and penalties herein provided may be collected by legal action or collection agency. 17.12 Costs - Defendant shall pay all costs of legal action in any judgment rendered in favor of District including reasonable attorney fees. Ordinance 404 76 17.13 Discontinuing Service - Customers desiring to discontinue service should notify the District prior to vacating the premises. Owners shall be liable for on-going charges between tenancy, and in the event of sale, up to the recording date of title to the property being transferred to a new owner. Owners shall also be responsible for charges incurred by a tenant, but that remain unpaid after the tenant has vacated the property. Upon notice, the District will seal off the meter and take a closing reading. 17.14 Collection with Other Utility Charges of Entity - Where the person charged is a user of another utility owned and operated by the District the charges shall be collected together with and not separately from the charges for the other utility service rendered by it. They shall be billed upon the same bill and collected as one item. SECTION 18. COMPLAINTS AND DISPUTED BILLS 18.01 Right to Meet - The customer has the right to meet with the Financial Officer or General Manager to present any evidence supporting a complaint with regard to sewer service, District rules, regulations, resolutions, or ordinances, or to dispute the accuracy of a bill for service or other charges. 18.02 Arrangement of Meeting - To arrange such a meeting the customer shall contact the District office, either in writing or by telephone during normal business hours. 18.03 Presentation of Evidence - The customer may be accompanied by a friend, attorney, or other representative to meet with the Financial Officer, or General Manager, and may present any evidence they may have to support their position. 18.04 Unresolved Disputes - If the customer is unable to resolve his/her dispute with the Financial Officer or General Manager he/she may submit the complaint in writing, along with a full and detailed explanation to the Board of Directors for resolution. 18.05 Appearance before The Board of Directors - The customer may appear before the Board of Directors at the next regularly scheduled Board meeting by notifying the District Ordinance 404 77 Secretary in writing prior to the Board meeting of the date he/she would like to attend and what the dispute regards. The customer may then present the complaint and any evidence in support of his/her position and ask for a decision by the Board. 18.06 Delays on Action - The Board shall act promptly to resolve the dispute, but may delay a resolution of the dispute to the time of its next regular meeting in order to investigate the dispute or receive special reports related to the dispute. 18.07 Further Delays - Any further delays must be freely and willingly agreed to by the customer. 18.08 Decision of the Board - The decision of the Board of Directors shall be final. Should the Board not render a decision within sixty (60) days of the customer's application to the Board, this failure to act shall be deemed a denial of the requested action, unless both parties have agreed to extend the resolution period. 18.09 Discontinuance of Service - No sewer or other service shall be discontinued pending the final resolution of a dispute. SECTION 19. DISCONNECTION FOR NON-PAYMENT 19.01 Disconnection for Non-Payment - Sewer service shall be discontinued if payment for sewer service is not made within sixty (60) calendar days of the date of mailing a delinquent notice. Disconnection of sewer service for non-payment shall be governed by the District’s Policy on Discontinuation of Residential Water Service. At no time shall the District discontinue sewer service at a time when the District offices are closed. 19.01.01 Tenant Occupied Property - If sewer and other services to an account, where the tenant is shown as the Customer of Record, are discontinued for non-payment, the account will be revised to show the owner as primary Customer of Record. The owner will continue to be shown as primary Customer of Record for as long as they own the property. Tenants Ordinance 404 78 may be shown as an Additional Customer of Record with the consent of the property owner, or in the event that an account in the property owner’s name is subject to disconnection. 19.02 Complaint Procedure for Disconnection - Service disconnection for non- payment of bills or for violation of any of the District's rules, regulations, ordinances, or resolutions is subject to the complaint procedures specified in Section 10 herein. 19.03 Refusal or Neglect to Pay Debt - Any amount due is a debt to the District and any person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil action for the amount due in a court of competent jurisdiction. 19.04 Lien Against Property for Non-Payment - Any unpaid debt will be deemed a lien against the real property to which service is rendered as specified herein and California Water Code Section 31701.5 et.seq. 19.05 Service Charges for Violations - If sewer service is discontinued for violation of any of the District's rules, regulations, resolutions or ordinances, service shall not be re-instituted until the violations have been corrected and all applicable service charges and fees as provided for herein are paid either by cash, payment card, money order, or cashier’s check. 19.06 Partial Payments - A partial payment of a delinquent account may be accepted and credited to a customer's account, but such partial payment shall not be cause for removing the account from a delinquent status and shall not preclude the sewer service from being disconnected for delinquency. 19.07 Authorization for Continuance of Service for Delinquent Accounts - The General Manager, or his designee may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the District have been established. SECTION 20. ADDING DELINQUENT CHARGES TO TAX ROLL 20.01 Report of Delinquent and Unpaid Charges - A report of delinquent and unpaid charges for sewer and other services which have been unpaid and delinquent for sixty (60) days or Ordinance 404 79 more on July 1st of each year shall be prepared and submitted to the Board for consideration as tax liens. The unpaid delinquent charges listed in said report for each parcel of property shall be fixed at the amount listed in said report. 20.02 Adoption and Filing of Report - The Secretary shall file with the County Assessor of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino, in the time and manner specified by the County Assessor and Board of Supervisors, a copy of such written report with a statement endorsed thereon over the signature of the Secretary, that such a report has been finally adopted and approved by the Board of Directors and that the County Assessor shall enter the amount of such charges against the respective lots or parcels of land as they appear on the current assessment roll. 20.03 Collection of Delinquent and Unpaid Charges - The amount of any charges for sewer and/or other services included in the report prepared and submitted pursuant to Sections 20.01 and 20.02 above shall be added to, and become a part of, the annual taxes next levied upon the property upon which the sewer service for which the charges are unpaid was used, and upon the property subject to the charges for any other District services, and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien securing such annual taxes as provided in Section 19.04 above. SECTION 21. CHARGES AND DEPOSITS 21.01 Adoption - The amount of all charges and deposits described herein shall be updated in the District’s Schedule of Water and Wastewater Rates and Charges and adopted by separate Board Resolution. 21.02 Security Deposit - The Security Deposit insures payment of minimum District charges. Upon discontinuance of service, the security deposit shall be applied to reduce any unpaid charges outstanding on any accounts held by the customer with the District. The security deposit shall be refunded to the customer as provided in Section 8.04.02 herein. Ordinance 404 80 21.03 Service Initiation Charge - The service initiation charge is a non-refundable charge which covers the reasonable District costs for initiating sewer service. 21.04 Monthly Sewer Charge - The monthly sewer charge includes, 1) Collection Charge established to maintain the District’s wastewater collection lines, and 2) Treatment Charges established for the operation and maintenance of wastewater treatment and reclamation facilities. The collection charge, also referred to as the sewer system charge, shall apply whether or not premises connected to the collections system are occupied. 21.05 Delinquent Charge - A delinquent charge shall be added to each delinquent account at the time any amount becomes delinquent, provided that no penalty charge shall be made on any account which at that time has no delinquencies of record. When a delinquent charge is made, such charge shall be added to the delinquent account as of the date the account becomes delinquent, and the penalty charge shall become an inseparable part of the amount due as of that time. 21.06 Disconnection Notice Charge - The disconnection notice charge is the charge which covers reasonable District costs to notify customers that their sewer service is subject to impending termination. 21.07 Service Reconnect Charge - The service reconnect charge is the charge which covers the reasonable District costs of disconnection and reconnection of service connections which are in violation of the provisions contained herein. 21.08 Returned Payment Fee - The returned payment fee is a charge which covers the reasonable administrative cost and banking charges for processing a returned check, or to respond to a disputed charge where a payment card was fraudulently used to make payment on an account. 21.09 Wastewater Capacity Charges - The Wastewater capacity charge is a charge for connecting to the District’s existing sewer system and for that incremental portion of the system’s capacity that will be used by the new connection. Such regular charge shall be paid in advance by the applicant. Ordinance 404 81 21.10 Verification Charge - The verification charge is the charge which covers reasonable District costs to make follow up attempts to contact the customer by mail, and attempts to make personal contact, and to verify and mark the location of the sewer service lateral. 21.11 Inspection Charge - Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection. 21.12 Special Facility Charge - A Special Facility Charge shall be required for development of limited service areas whenever special facilities are required. The charge to be made to a Developer or Owner of land that is considered by the District to be within a limited service area shall be based upon the Developer's or Landowner's proportionate share of the cost for the installation of such Special Facility. Such proportionate share to be borne by the Developer or Landowner shall be based on the percentage of such development to the entire limited service area to be served by the Special Facilities; and the difference between the cost of facilities to serve the same number of acres or area under normal conditions and the cost of facilities to serve the acreage or area under special conditions at a higher cost. 21.13 Engineering / New Development Service Charges - The following Engineering / New Development planning service charges are fees for the District's time and effort spent on assisting customers who have a requirement to construct sewer extensions, or other sewer facilities, that must meet District needs and conform to District Standards. These fees include: •Drafting of an Availability Letter •Construction Inspection •Drafting/preparing revisions to a Development Agreement •Development and Engineering Research •Development Meeting •Easement / Quitclaim Processing •Water / Sewer Inquiry •New Construction Chlorination and Flushing •Water Quality Sampling Ordinance 404 82 •Plan Checking •Drafting a Will Serve Letter 21.14 Sewer Permit Charge - The sewer permit charge is the charge to cover the District's cost to review, approve and process an applicant's request to connect to the District's sewer facilities. 21.15 Sewer Manhole Deposit - The refundable sewer manhole deposit is used to ensure that manholes are constructed to final grade before the project is considered complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee will be returned or the Bond released when sewer manholes are constructed to final grade by the Developer's contractor and verified by the District. 21.16 Landscape Adjustment - The landscape adjustment is the adjustment to the sewage treatment and collection charge based upon the proportional amount of the customer's property irrigated through a domestic water meter. 21.17 Charges and Deposits - All rates, charges, fees, penalties, fines, deposits, and other methods of assessment are set by the District’s Board of Directors. The General Manager/CEO, or appointed designee, may approve adjustment to any charges, late penalties, past due account fees, or service deposits pursuant to the District’s procedures and applicable law. Ordinance 404 83 SECTION 22. EFFECTIVE DATE This Ordinance shall become effective and replace Ordinance 400 upon adoption with the exception of Sections 9, 10, 11, 12, 13, 14, 15, and 16 which will become effective on the date described in Section 7.01 of this Ordinance Adopted this 22th day of March 2023 ROLL CALL: Ayes: Noes: Absent: Abstain: Phillip Goodrich Board President ATTEST: Michael Moore Secretary, Board of Directors March 22, 2023 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Ordinance 404 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held March 22, 2023. Michael Moore Secretary, Board of Directors PRETREATMENT PROGRAMS Rocky Welborn, Water Reclamation Manager March 22, 2023 PROGRAM PURPOSE •Entities operating publicly owned treatment works are required to implement national pretreatment standards to control pollutants •SNRC regulators require a pretreatment program to be in-place before issuing permits •Most programs limit physical and water quality concerns of non-residential discharges •Fat, Oils and Grease (FOG) •Restaurants/food processing •Car washes •Mechanic shops •Abnormal discharges •Dental Amalgam •Silver from photography processing •Metals •Pharmaceuticals •Toxic organics •Nitrates/Salts •Residential pretreatment efforts typically rely on public outreach 2 3 PARTIES INVOLVED •District will take over an existing program •Approximately 101 District Dischargers: •81 Restaurants (including school cafeterias) •6 Car washes •6 Mechanic shops •Including headquarters warehouse oil interceptor •1 Food processing establishment •7 Miscellaneous establishments (Paton, San Manuel, Robertsons, etc) 4 PARTIES INVOLVED (CONTINUED) •Pumpers •FOG will be pumped out of Grease Interceptors and hauled to disposal sites •Inspectors •Inspectors verify Dischargers comply with discharge restrictions •New developments will be evaluated during the plan check reviews for potential discharge limitations Grease Interceptor for FOG Capture 5 IMPACTS TO SYSTEM •Fats, Oils and Greases congeal and create blockages •Sanitary Sewer Overflows (SSO’s) •Odors •Biological System Upsets •Certain discharges can be toxic to treatment plant biological systems -specifically heavy metals, pesticides, and pharmaceuticals •Effluent Water Quality •Discharge permits for SNRC will establish water quality limits •Treatment systems are not designed to remove trace organics Grease Blockage with Tree Root Intrusion 6 PROPOSED PRETREATMENT PROGRAM •Program Establishment •Update of the existing Sewer Use Ordinance (#404) •Concurrent adoption of an Enforcement Response Plan (ERP) •Updating of the District's Sewer System Master Plan with Spill Emergency Response Plan •Onboarding third-party inspection services (July 2023) •Outreach to dischargers (near SNRC startup) •Initial contact with customer and transition to EVWD permits (3 months) •Program Administration •Annual inspections •3-year permit term limits •Cloud based permit/inspection/enforcement tracking (SwiftComply) •New permit evaluations 7 PRETREATMENT PROGRAM COMPONENTS •Identifying and limiting uses of the Sewer System •Administrative functions requirements for Pretreatment Systems •Inspection and Monitoring •Staff plans to contract for third party inspection services •Enforcement •Policy and procedures for non-compliance •Progressive actions to remedy non-compliance 8 PRETREATMENT PROGRAM ENFORCEMENT Verbal Warning Written Warning Notice of Violation with Fines/Penalties Compliance Meeting Order Order to Prepare Compliance Plan Order with Compliance Schedule Cease and Desist Order Noncompliance Monitoring Plan Permit Suspension Permit Termination Administrative Complaint Judicial Review 9 FINES / PENALTIES •Discharge Violations •Discharge of nonpermitted substances •Dilution of Wastestreams •Monitoring Violations •Failure to sample •Operating an uncontrolled discharge •Failure to install monitoring equipment •Reporting Violations •Failure to maintain records •Falsification of records •Late submission of records •Permit Violations •Discharge outside of permit thresholds •Miscellaneous Violations •Failure to allow inspection •Inadequate spill containment •Failure to implement Best Management Practices DISCUSSION Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4b 1 March 22, 2023 7 1 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of the 2023 Enforcement Response Plan and Resolution 2023.05 – Updating the schedule of Water and Wastewater Rates and Charges and certain Miscellaneous fees, Public Hearing RECOMMENDATION That the Board of Directors: 1. Adopt 2023 Enforcement Response Plan (ERP) to establish policies and procedures to address non-conformance to the District’s Sewer Ordinance by permitted dischargers; and, 2. Adopt Resolution 2023.05- Establishing a Schedule of Water and Wastewater Rates and Charges, and miscellaneous fees related to the provision of those services. BACKGROUND / ANALYSIS Title 40 Section 403 of the Code of Federal Regulations (CFR) establishes the responsibilities of any Wastewater Agency to implement National Pretreatment Standards to control pollutants that pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge. Historically, the East Valley Water District (District) has relied on the City of San Bernardino Municipal Water Department’s (SBMWD) Pretreatment Program for sewage generated in the District’s service area, which was treated at SBMWD’s facility. In November 2017, the District and SBMWD entered into a Settlement Agreement to transition sewer treatment responsibilities to the District following the completion of the Sterling Natural Resource Center (SNRC). Pursuant to Title 40 CFR 403, the transition of treatment responsibilities requires the establishment of a pretreatment program, also known as a source control program, which includes a fats, oils and grease (FOG) program. Due to SNRC’s commitment to 100% groundwater recharge of effluent flows, the anticipated permit for SNRC is expected to be a Waste Discharge Requirement (WDR) and not an NPDES permit. Section 60320.106 of Title 22 of the California Code of Regulations requires an enhanced source control program for POTW’s that are issued WDR’s and an ERP is considered appropriate to meet those requirements. Staff has developed the attached ERP to establish policies and procedures to address non-compliance to the District’s Sewer Ordinance. ERP’s detail procedures for the District to investigate and respond to violations of State and District pretreatment regulations. Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4b 2 March 22, 2023 7 1 6 The Regional Water Quality Control Board, which is providing the required permit for SNRC, has requested that the pretreatment program be in place and effective prior to the issuance of the required permits for SNRC operations. The time between obtaining these permits and the initiation of operations of SNRC for the treatment of sewage may be several months. During this time SBMWD will maintain responsibility for the pretreatment program until a mutually agreed upon “service date,” which reflects the date that all flow is transitioned to SNRC facilities. The ERP and associated fees or penalties will become effective when treatment of sewer flows begins at SNRC. Fees and penalty amounts were evaluated and compared with other local agencies. AGENCY GOALS AND OBJECTIVES I -Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources C. Strengthen Regional, State and National Partnerships IV -Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services B. Enhance Planning Efforts that Respond to Future Demands D. Enable Fact-Based Decision Making REVIEW BY OTHERS This agenda item has been reviewed by the Executive Management Team FISCAL IMPACT This item has no direct costs associated with the adoption of the Ordinance, SSMP and ERP. Subsequent activities will be undertaken by the District to implement the Pretreatment Program, including staff time, contract services, administrative costs, and revenues for program fees. Future costs will be addressed in future budgeting activity and presented to the Board for approval. Recommended by: Respectfully submitted: Meeting Date: March 22, 2023 Agenda Item #4{{ite Public Hearing Agenda Item #4b 3 March 22, 2023 7 1 6 ________________ Michael Moore General Manager/CEO ________________ Rocky Welborn Water Reclamation Manager ATTACHMENTS 2023 Enforcement Response Plan Resolution 2023.05 East Valley Water District 31111 Greenspot Road, Highland, East, California 92346 East Valley Water District Pretreatment Program Enforcement Response Plan March 22, 2023 Board of Directors Phillip D. Goodrich James Morales Jr. Chris Carrillo Ronald L. Coats David E. Smith Chairman Vice Chairman Governing Board Member Governing Board Member Governing Board Member East Valley Water District Pretreatment Program Enforcement Response Plan March 22, 2023 TABLE OF CONTENTS SECTION PAGE NO. I.INTRODUCTION .....................................................................................................................1 II. DEFINITIONS & ABBREVIATIONS.......................................................................................3 III. ENFORCEMENT PROCEDURES........................................................................................9 A. Enforcement Responses.................................................................................10 1.Verbal Warnings:.................................................................................10 2.Written Warnings:................................................................................10 3.Notice of Violation (NOV):...................................................................10 4.Compliance Meeting Order (CMO):.....................................................11 5.Consent Order to Prepare a Specific Compliance Plan:.....................11 6.Compliance Order with Compliance Time Schedule (CTS):...............12 7.Cease and Desist Order (CDO):..........................................................12 8.Order to Implement Noncompliance Monitoring Program (NMP):.......13 9.Permit Suspension Order:...................................................................13 10.Permit Termination Order:...............................................................13 11.Administrative Complaint:................................................................13 12.Civil Penalties:.................................................................................14 13.Judicial Review:...............................................................................16 14.Civil Liability for Violations:..............................................................16 15.Criminal Penalties:..........................................................................17 16.Emergency Termination of Service:................................................18 17.Annual Public Notice of Significant Compliance:.............................18 18.Supplemental Enforcement Actions:...............................................19 19.Illegal Connection:...........................................................................20 20.Protection from Damage:................................................................21 21.Falsifying Information:.....................................................................21 22.Termination of Service:...................................................................22 23.Payment of Fees, Charges and Penalties:......................................22 24.Damage to Facilities or Interruption of Normal Operations:............22 B. Determining Factors........................................................................................23 1.Magnitude of the violation:...................................................................23 2.Duration of the violation:......................................................................23 3.Compliance History of the User:..........................................................23 4.Good Faith of the User:.......................................................................23 5.Effect of the Violation:..........................................................................24 C. Enforcement Response Guide........................................................................24 East Valley Water District Pretreatment Program Page 1 of 31 Enforcement Response Plan March 22, 2023 EAST VALLEY WATER DISTRICT PRETREATMENT PROGRAM ENFORCEMENT RESPONSE PLAN (ERP) I.INTRODUCTION On July 24, 1990 (55 Fed. Reg. 30082), the Environmental Protection Agency (EPA) promulgated regulations in Title 40 Code of Federal Regulations (CFR) 403.8(f)(5) which require all Publicly Owned Treatment Works (POTWs) to adopt an Enforcement Response Plan (ERP) as part of their approved pretreatment program. This requirement applies to POTWs that are issued National Pollutant Discharge Elimination System (NPDES) permits and have a design flow greater than 5 million gallons per day (mgd). East Valley Water District (District) will not be issued a NPDES permit as the Sterling Natural Resource Center (SNRC) will not discharge to a Water of the United States. However, SNRC will be issued a Waste Discharge Requirements permit for a Groundwater Replenishment Reuse Project (GRRP), which is required to have an enhanced source control program per Section 60320.106 of Title 22 of the California Code of Regulations (CCR). While the District is not required to develop an Enforcement Response Plan (ERP) to meet Title 40 CFR 403.8(f)(5), it is considered good practice to prepare one in order to meet the requirements of Title 22 CCR 60320.106. The ERP contains detailed procedures identifying how the Water Quality (WQ) Department of the District will investigate and respond to violations of State, and District wastewater pretreatment regulations. The ERP will be used by District personnel to carry out enforcement actions for pretreatment violations. The plan contains procedures indicating how the District will investigate and respond to instances of industrial user noncompliance. The ERP shall, at a minimum, include methods to: a.Describe how the District will investigate instances of noncompliance; b.Describe the types of escalating enforcement responses the District will take in response to all anticipated types of industrial user (IU) violations and the time periods within which responses will take place; c.Identify (by title) the official(s) responsible for each type of response; and d.Adequately reflect the District’s primary responsibility to enforce all applicable pretreatment requirements and standards. East Valley Water District Pretreatment Program Page 2 of 31 Enforcement Response Plan March 22, 2023 The District’s WQ Department is responsible for the development and implementation of the required ERP. All enforcement actions are progressive in nature and will escalate commensurate with the violation and response from the IU. The ERP is to be used as a reference to assist the EC Division with the appropriate level of enforcement response for similar violations. This ERP is a guidance document for District's staff and is not designed to be all inclusive and as such does not include every possible violation or corrective action(s) for the included violations. The purpose of the ERP in general, is to be flexible while being consistent in the approach to resolving noncompliance as quickly as possible. The District reserves the right to initiate enforcement actions at any level deemed necessary to protect the operation of the POTW, the safety of District employees, the environment and the public welfare. The District’s ERP endeavors to use terminology and definitions consistent with those found in Title 40 CFR 403.8 (f) (2) (viii) (A - H), Title 22 CCR 60320.106 and District Ordinance No. 404 “East Valley Water District Sewer Regulations and Service Charge Ordinance” (hereinafter referenced as Ordinance), adopted 2023. Nothing in this ERP is intended to supersede or limit the District's rights and remedies under its Ordinance No. 404, or any successor thereto, or its rights and remedies under state law. The District issues IU Permits and requires sampling and inspection of their facilities. The District has adopted specific local wastewater discharge limits for pollutants of concern as well as Best Management Practices (BMPs). The District conducts wastewater monitoring and inspection activities to detect noncompliance at the IU sites. Inspections are conducted in both a scheduled and unscheduled manner. The majority of the sampling and inspections are unannounced. Wastewater discharge limitations are derived from applicable federal standards and the District’s adopted local discharge limits. The most stringent limits are enforced by the District. The discharge permit requires all permitted lUs to maintain compliance with the District’s discharge requirements, applicable State, and County regulations and the District’s Wastewater Ordinance No. 404, and amendments thereof. The objectives of the District’s ERP are: •To define the range of enforcement actions based on the nature and severity of the violation and other relevant factors; •To identify the various enforcement options that the District will use in East Valley Water District Pretreatment Program Page 3 of 31 Enforcement Response Plan March 22, 2023 implementing the ERP; •To identify the steps for tracking violations (from initiation to completion) once enforcement actions are initiated; •To ensure the consistent and timely response to and resolution of all instances of noncompliance by the District; •To eliminate any confusion or uncertainty concerning enforcement; •To identify specific Water Quality Department personnel who may initiate various enforcement actions; and •To provide a fair and equitable means of enforcing the pretreatment regulations as set forth in the District’s Wastewater Ordinance No. 404, and amendments thereof. II. DEFINITIONS & ABBREVIATIONS Unless otherwise defined in District Ordinance No. 404 the definition of terms related to IU Permits shall be as follows: Administrative Order (AO) shall mean an enforcement action authorized by District’s Ordinance No. 404, which directs Industrial Users to undertake corrective actions or cease specified activities to correct violations. Best Management Practices (BMPs) shall mean the schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and Title 22 CCR 60320.106. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. California Regional Water Quality Control Board (CRWQCB) shall mean the Regional Office of the State of California Water Resources Control Board. Cease & Desist Order (CDO) shall mean a formal administrative enforcement order which requires the industrial User to cease violating or threatening to violate Categorical Standards or pretreatment requirements immediately or in accordance with a compliance schedule. Civil Action shall mean civil litigation against the industry seeking injunctive or equitable relief, monetary penalties and/or actual damages. Civil Penalties shall mean monetary penalties for non-compliance assessed against a violator by the District, subject to appeal and review by the Civil Courts. East Valley Water District Pretreatment Program Page 4 of 31 Enforcement Response Plan March 22, 2023 Compliance Order (CO) shall mean a formal administrative enforcement order that includes a compliance time schedule with specific corrective action milestones. Said milestones are used to demonstrate progress and good faith toward resolving the noncompliance. The CO will be sent certified mail return receipt request or hand delivered and documented as received with an inspection report. Consent Order shall mean a time schedule agreed to by the IU and the District which specifies corrective actions called milestones. In general, the Consent Order is issued in place of a CO when lUs have demonstrated good faith and cooperation in attempting to resolve the noncompliance. Compliance Time Schedule (CTS) shall mean a formal timetable for achieving compliance required of lUs in violation of the provisions of the District’s Ordinance or IU Discharge Permit. Each CTS shall contain milestone dates as well as a final compliance date and shall be approved by the General Manager. CTS Milestone shall mean a compliance date set forth in a CTS for achievement of a specific task. For instance, to begin construction, complete construction, or achieve compliance. District shall mean the East Valley Water District. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent rules published in the United States Federal Register by the executive departments and agencies of the federal government to include, but not limited to the Environmental Protection Agency (EPA). EVWD shall mean East Valley Water District (District). Enforcement Response Plan (ERP) shall mean the District’s adopted policy which describes methods and steps the District uses to investigate and resolve violations of the District’s Ordinance No. 404 or any permit issued under the authority of said Ordinance. Water Quality Supervisor, (WQ Supervisor) shall mean the head of the Water Quality Department. General Manager shall mean the General Manager of the District or other District employee or agent duly designated by the District. Hearing shall mean a formal meeting between the industry and the General Manager to discuss any proposed enforcement action. East Valley Water District Pretreatment Program Page 5 of 31 Enforcement Response Plan March 22, 2023 Immediate Termination of Service shall mean an Administrative or physical termination of sewer service by the General Manager. Industrial User (IU) shall mean any User, whether permitted or not, who discharges nondomestic wastewater into the POTW. Households and Private residences, discharging domestic quality sewage only, shall not be considered as Industrial Users. Inspection shall mean inspection of the lU’s facility by the District. Inspection Report shall mean a written investigative report created by the District, documenting findings and conditions at an IU facility or location adjacent to said facility. Inspector shall mean a person authorized by the General Manager to inspect the facility of any IU that directly or indirectly discharges or anticipates discharging wastewater or waterborne waste into the POTW. Interference shall mean a discharge which alone or in conjunction with a discharge or discharges from other sources, both: a.Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and b.Causes a violation of any requirement of the POTWs Waste Discharge Requirements permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the use or disposal in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. May is permissive. Meeting shall mean an informal compliance meeting with the industry to resolve recurring noncompliance. East Valley Water District Pretreatment Program Page 6 of 31 Enforcement Response Plan March 22, 2023 Noncompliance Monitoring Program (NMP) shall mean a program of additional sampling and reporting by the user in accordance with a schedule issued by the General Manager or his or her agent. Notice of Violation (NOV) shall mean a letter or form documenting violations and advising of consequences and/or consequences of continued noncompliance. Order to Implement Noncompliance Monitoring Program shall mean a program of additional sampling and reporting by the User in accordance with a schedule issued by the General Manager. Ordinance shall mean the District’s Ordinance No. 404, as amended. Permit Suspension Order shall mean formal administrative enforcement order issued by the General Manager which requires an industrial user to cease discharging upon suspension of industrial user permit. Discharging may begin again after the permit is reinstated. Penalty shall mean recommended monetary penalty for implementation upon established of a schedule of monetary penalties by EVWD Ordinance or Resolution. Said schedule of monetary penalties is to include separate penalty amounts for each enforcement action. Permit Termination Order shall mean formal administrative enforcement order issued by the General Manager which requires and industrial user to cease discharging upon termination of permit. Pass-Through shall mean any discharge which passes through the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with other discharges, causes a violation of any requirement of the POTWs Waste Discharge Requirements permit (including an increase in the magnitude or duration of a violation). Person shall mean any individual, partnership, firm, association, company, society, corporation or public agency and includes the plural as well as the singular. POTW shall mean the District’s Publicly Owned Treatment Works. A treatment works is defined by Section 22 of the Clean Water Act, (33 U.S.C. 1292). This definition includes District Water Reclamation Facilities and related devices or systems used in the storage, transportation, treatment, recycling, and reclamation of municipal sewerage. It also includes all sewers, pipes, lift stations, and other conveyances which carry sewerage to the treatment plants. East Valley Water District Pretreatment Program Page 7 of 31 Enforcement Response Plan March 22, 2023 Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater, to a less harmful state prior to discharge of the wastewater into the District Collection System. The reduction or alteration may be accomplished by physical, chemical or biological processes, process changes, waste minimization, or by other legal means designed to remove or reduce pollutants in a waste stream. Shall is mandatory. Significant Industrial User shall mean any industrial user of the District’s collection system who: a.Is a user as defined in 40 CFR Subchapter N parts 401 through 471; or b.Has a discharge flow rate of 25,000 gallons or more per average work day of processed wastewater, excluding sanitary, non-contact cooling and boiler blown down water or contribute a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the District’s POTW; or c.Has in its wastewater toxic pollutants, as defined pursuant to Section 307 or the Act, or state statutes and rules; or d.Is found by the District, the CRWQCB or the EPA to have significant impact, either singularly or in combination with other wastewater discharges from contributing industries on the operation of the POTW, the quality of sludge, the system's effluent quality or air emissions generated by the system. Significant Noncompliance (SNC) shall mean any Significant Industrial User violation(s), which meet any of the criteria below, or any Industrial User violation that violates c., d. or h. below. a.Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements for each pollutant taken during a consecutive six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3 (I); b.Technical review criteria violations, defined as those in which thirty-three East Valley Water District Pretreatment Program Page 8 of 31 Enforcement Response Plan March 22, 2023 percent or more of all of the measurements taken for the same pollutant during a consecutive six month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3 (I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); c.Any other violation of a Pretreatment effluent limit (daily maximum or long- term average, instantaneous limit or narrative standard) that the District determines has caused, alone or in combination with other discharges, Interference or Pass Through (including endangering the health of POTW or District personnel or the general public); d.Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the District's exercise of its emergency authority to halt or prevent such a discharge; e.Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; f.Failure to provide, within forty-five (45) days of the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; g.Failure to report accurately non-compliance; or h.Any other violations or group of violations, which may include a violation of Best Management Practices, which the District believes will adversely affect the operation and implementation of the District's pretreatment program or the District's Sewer System. Termination of Service shall mean a physical blockage of the sewer connection to an Industrial User or issuance of a formal notice of termination of services to the Industrial User. User shall mean any person or entity, public or private, residential, industrial, commercial, East Valley Water District Pretreatment Program Page 9 of 31 Enforcement Response Plan March 22, 2023 governmental, or institutional, including an Industrial User, which discharges or causes to be discharged, wastewater or water borne wastes into the Collection System of the District or Collection Agency. Wastewater shall mean any combination of waste and water, whether treated or untreated, discharged into or permitted to enter the Collection System or storm drain of the District or Collection Agency. III. ENFORCEMENT PROCEDURES In order to achieve compliance by Industrial Users, the District uses a wide range of enforcement actions. The enforcement actions available to the District range from a simple reminder telephone call to termination of service and assessment of penalties. Some intentional violations may constitute criminal violations of Federal, State and District Law and the General Manager may seek the assistance of the EPA, the State or the District’s legal counsel to implement enforcement. The purpose of this section is to describe the range of available enforcement actions. The enforcement strategy is to begin enforcement at the lowest possible level (i.e., informal warnings either written or verbal) and escalate enforcement actions in a manner that is consistent with the severity and or frequency of the violation(s). However, the enforcement action is not always contingent upon the completion of lower level compliance requirements. Depending upon the nature of the violation, for instance a discharge which causes pass through or interference at a treatment plant warrants a higher-level procedure as an initial action. Written notices of violation are issued within 30 days of the Environmental Compliance Division becoming aware of the violation. A. Enforcement Responses The District’s Wastewater Ordinance authorizes progressive enforcement steps to be taken in the resolution of violations to Federal, State, District Ordinance or wastewater permit conditions and requirements. The following list of enforcement responses summarizes the various actions authorized by District Ordinance No. 404. 1.Verbal Warnings: This informal level of enforcement may be issued by the WQ Supervisor or an Inspector who may observe or learn of a violation which may be easily East Valley Water District Pretreatment Program Page 10 of 31 Enforcement Response Plan March 22, 2023 resolved by changing housekeeping practices or altering a discharge practice. This verbal warning is documented in an inspection report and by a written follow-up letter. The letter describes the violation encountered and requests that the industrial user correct the problem. The time frame for compliance may range from 14 to 30 days. Verbal warnings are generally given for conditions that, if not corrected, could lead to more serious violations (i.e., poor spill containment practices, improper maintenance of monitoring equipment, etc.) Follow-up inspections are used to verify compliance. 2.Written Warnings: This informal level of enforcement may be issued by the WQ Supervisor or Inspector if an lU fails to achieve compliance after a verbal warning is issued with a date for achieving compliance. This notification reiterates the nature of the noncompliance and the need for corrective actions. The compliance date issued notifies the industrial user that compliance must be met by a set date. The time frame for compliance may range from 14 to 30 days. Follow-up inspections are used to verify compliance. 3.Notice of Violation (NOV): This level of enforcement may be issued by the WQ Supervisor or Inspector. A NOV may be issued whenever an industrial user’s noncompliance does not imminently endanger human health or welfare. The NOV shall be served in person by an employee/agent of the District, but preferably by an Inspector or by certified or registered mail, return receipt requested. This is the first level of formal enforcement used for discharge violations and/or violations of BMPs. This level may be used to escalate enforcement actions against industrial users who have failed to comply with a written warning to correct deficiencies and/or violations. An III must provide, in writing (within ten working days from the date of receipt of the NOV), an explanation of the cause(s) of the violation(s) and a plan for the satisfactory correction of the violation(s). The written response shall include specific actions which the industrial user plans to take. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the NOV. This action shall not limit the General Manager's authority to take East Valley Water District Pretreatment Program Page 11 of 31 Enforcement Response Plan March 22, 2023 or initiate any action, including emergency actions or any other enforcement action. 4.Compliance Meeting Order (CMO): A Compliance Meeting Order (CMO) shall be issued to an IU who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in SNC. The CMO is an informal meeting between the IU and the WQ Supervisor and is intended to provide the IU with the opportunity to propose corrective actions and if necessary, request an extension to comply with the NOV. The meeting allows the District to better assess the lUs good faith and to determine the next progressive step(s) necessary to achieve compliance (i.e., Consent Order, Compliance Order, etc.). The CMO may also be used to document the need to modify the Users Permit to include more monitoring, permit reclassification, or include other requirements to better monitor compliance. 5.Consent Order to Prepare a Specific Compliance Plan: A Consent Order is issued to an IU requiring a Specific Compliance Plan be developed to resolve a violation when the initial steps to correct a violation following receipt of an NOV has failed. The Consent Order is issued by the Inspector and/or the WQ Supervisor. The specific compliance plan is developed in cooperation between the IU and the District. In other words, the District is consenting to allow the IU to have input regarding the corrective action time schedule, reporting requirements, etc. This type of Order is also referred to as a Consent Order. The General Manager may be consulted regarding the final version. The Consent Order is generally reserved for those lUs who have demonstrated a willingness to correct violations. No element of specific compliance plan shall exceed six (6) calendar months in duration. Progress reports are required throughout the term of the specific compliance order. The minimum reporting frequency is thirty (30) calendar days. 6.Compliance Order with Compliance Time Schedule (CTS): A Compliance Order is adopted by the WQ Supervisor and shall be approved by the General Manager which includes a final compliance date and intermediate milestone dates. The Compliance Order contains a CTS. East Valley Water District Pretreatment Program Page 12 of 31 Enforcement Response Plan March 22, 2023 Additionally, each Compliance Time Schedule consists of increments of progress called milestones. Each milestone is accompanied by specific deadlines for achievement of a specific task (i.e., for instance to begin construction, complete construction or achieve complete compliance). 7.Cease and Desist Order (CDO): Formal administrative enforcement order issued by the General Manager which requires the Industrial User to cease violating or threatening to violate Categorical Standards or pretreatment requirements immediately or in accordance with a Compliance Time Schedule. Cease and Desist Orders (CDOs) are to be issued after review by, and meeting with, the industry. When the District finds that the provisions of the Ordinance or other Rules and Regulation of the District have been violated, or are threatened to be violated, the General Manager, or his designated agent, may issue an order to cease and desist, and direct that person not complying with the Ordinance or the Rules and Regulations to: a.Comply with a time schedule set forth by the District; or b.In the event of a threatened violation, take appropriate remedial or preventive action. Requirements of a Cease and Desist Order (CDO) are enforceable by the assessment of Civil Penalties or by termination of service. 8.Order to Implement Noncompliance Monitoring Program (NMP): A program of additional sampling and reporting by the User in accordance with a schedule issued by the General Manager. During this program the User may be subject to noncompliance fees established by District Ordinance or Resolution for any violation of pollutant limits or for failure to submit a wastewater analysis report in accordance with the schedule. 9.Permit Suspension Order: The General Manager may suspend an Industrial User’s Industrial User Permit, when the Industrial User violates the Ordinance, an administrative order, or any applicable state or federal law. Non-compliant Industrial Users East Valley Water District Pretreatment Program Page 13 of 31 Enforcement Response Plan March 22, 2023 shall be notified of the proposed Suspension Order of their Industrial User Permit. Notice shall be served on the Industrial User specifying the time and place for a hearing, the proposed enforcement action, the reasons for such action, and a request that the Industrial user show cause why the proposed action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. 10.Permit Termination Order: The General Manager may terminate an Industrial User’s Industrial User Permit, when the Industrial User violates the Ordinance, an administrative order, or any applicable state or federal law. Non-compliant Industrial Users shall be notified of the proposed Termination Order of their Industrial User Permit. Notice shall be served on the Industrial User specifying the time and place for a hearing, the proposed enforcement action, the reasons for such action, and a request that the Industrial user show cause why the proposed action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. 11.Administrative Complaint: The General Manager may issue an Administrative Complaint to any person who violates the Ordinance; Categorical Standards; a Permit requirement; or an order issued pursuant to a Notice of Violation. The Administrative Complaint shall allege the act or failure to act that constitutes the violation, the provisions of law authorizing civil liability to be imposed, and the proposed penalty. The Administrative Complaint shall be served by personal delivery or certified mail and shall inform the person served that a hearing shall be conducted within 60 days after the person has been served. The hearing shall be before the General Manager. The person who has been issued an Administrative Complaint may waive the right to a hearing, in which case the District shall not conduct a hearing. A person dissatisfied with the decision of the General Manager may appeal to the District's Board within 30 East Valley Water District Pretreatment Program Page 14 of 31 Enforcement Response Plan March 22, 2023 days of notice of the hearing officer's decision. Failure to appeal within such 30-day period shall be deemed a waiver of such appeal right, and the judicial review rights set forth in Section 15.02.02 of the Ordinance. 12.Civil Penalties: If after a hearing, or appeal, if any, it is found that the person has violated the Ordinance, Categorical Standards, a Permit Requirement or an order issued pursuant to a Violation, the hearing officer or the Board of Directors may assess a civil penalty against that person. In determining the amount of a civil penalty, the hearing officer or the Board of Directors shall take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived by the person causing the violation, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the person causing the violation. a.Civil penalties may be imposed as follows: 1. In an amount which shall not exceed $2,000.00 for each day for failing or refusing to furnish technical or monitoring reports [Government Code, Section 54740.5(d)(1)]; 2. In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedule established by the General Manager [Government Code, Section 54740.5(d)(2)]; 3. In an amount which shall not exceed $5,000.00 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued or adopted by the District [Government Code, Section 54740.5(d)(3)]; 4. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the General Manager [Government Code, Section 54740.5(d)(4)], b.Unless appealed to the Board, orders setting administrative civil penalties East Valley Water District Pretreatment Program Page 15 of 31 Enforcement Response Plan March 22, 2023 shall become effective and final upon issuance thereof, and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the parties served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. c.All monies collected under this Section shall be deposited in a special account of the District and shall be made available for the monitoring, treatment and control of discharges into the Sewerage System or for other mitigation measures. d.The amount of any civil penalties imposed under this Section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien shall be recorded with the County Recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. e.No penalties shall be recoverable under this Section for any violation for which civil liability is recovered under Section 15.03 of the District’s Ordinance No. 404 13.Judicial Review: Any party aggrieved by a final order issued by the District's Board under Section 15.02.02 of Ordinance No. 404, may obtain review of the order of the Board in the Superior Court by filing in the Court a petition for writ of mandate within 30 days following the service of a copy of a decision and order issued by the Board. Any party aggrieved by a final order of a hearing officer issued under Section 15.02.1 of Ordinance No. 404, for which the Board denies review, may obtain review of the order of the hearing officer in the Superior Court by filing in the Court a petition for writ of mandate within 30 days following service of a copy of a decision and order denying review by the Board. East Valley Water District Pretreatment Program Page 16 of 31 Enforcement Response Plan March 22, 2023 If no aggrieved party petitions for writ of mandate within the time allowed, an order of the Board shall not be subject to review by any Court or agency. The evidence before the Court shall consist of the record before the Board, including the hearing officer's record, and any other relevant evidence which, in the judgment of the Court, should be considered to effectuate and implement policies of District Ordinance No. 404, as amended. In every such case, the Court shall exercise its independent judgment of the evidence. Except as otherwise provided in this Ordinance, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern judicial review proceedings. 14.Civil Liability for Violations: Any person who violates the District’s Ordinance, Categorical Standards, a requirement of the Discharge Permit, or a Notice of Violation issued pursuant to Article 10, may be civilly liable to the District in a sum not to exceed $25,000.00 a day for each violation. The District's legal counsel is authorized to petition the Superior Court to impose, assess, and recovery the sums provided for above. In determining the amount, the Court shall take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and any corrective action, if any, attempted or taken by the discharger. Notwithstanding any other provision of law, all civil penalties imposed by the Court for a violation of this Section shall be distributed to the District. Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, including injunctive relief, but no liability shall be recoverable under this Section for any violation for which liability is recovered under Section 12 herein. 15.Criminal Penalties: a.Any User who willfully or knowingly violates any provision of District East Valley Water District Pretreatment Program Page 17 of 31 Enforcement Response Plan March 22, 2023 Ordinance No. 404, as amended, or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor for each separate violation per day, punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment for not more than six months, or both for each violation per day. This penalty shall apply to the exclusion of any other Ordinance provision more lenient. Each such User shall be deemed guilty of separate violations for each day any violation of any provision of this Ordinance or wastewater discharge permit is committed or continued by such User. b.Any User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or the User’s wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) per violation per day or imprisonment for not more than six months, or both for each violation. This penalty shall apply to the exclusion of any other Ordinance provisions more lenient. 16.Emergency Termination of Service: Notwithstanding any provision to the contrary, and without prior notice, the General Manager may immediately terminate Sewer Service when such termination is necessary to stop an actual or threatened discharge which presents or may present an imminent endangerment to the health or welfare of persons, the environment, or causes Interference or Pass-Through as defined herein. Any Industrial User notified that Sewer Service has been terminated shall immediately stop and eliminate the discharge to the POTW. In the event of failure to comply voluntarily with the notice of termination, the General Manager shall take steps as deemed necessary including immediate severance or blockage of the sewer connection. East Valley Water District Pretreatment Program Page 18 of 31 Enforcement Response Plan March 22, 2023 The Industrial User shall pay all costs incurred by the District in terminating sewer service. Sewer service may be re-instituted by the General Manager after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the Industrial User, describing the causes of the discharge and the measures taken to prevent future occurrence shall be submitted to the District within 15 days of the date of sewer service termination. The Industrial User shall pay all costs incurred by the District in reinstituting sewer service. 17.Annual Public Notice of Significant Compliance: The names of all Industrial Users which are found be in significant noncompliance with District Ordinance No. 404, as amended shall be published at least annually in the largest daily circulating newspaper within the jurisdiction of the District in which the Industrial User is located. 18.Supplemental Enforcement Actions: The following supplemental enforcement actions may be taken by the District to ensure continued compliance with Ordinance and or Discharge Permit requirements. a.Performance Bonds - The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of the Ordinance, Categorical Standards, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the District, in a sum not to exceed a value determined by the General Manager to be necessary to achieve consistent compliance. b.Liability Insurance. The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of the Ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or East Valley Water District Pretreatment Program Page 19 of 31 Enforcement Response Plan March 22, 2023 requirement, unless the user first submits proof that it has obtained liability insurance sufficient to restore or repair damage to the POTW caused by its discharge. c.Water Supply Severance. Whenever a user has violated or continues to violate any provision of the Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. d.Public Nuisance. A violation of any provision of the Ordinance, Categorical Standards, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any such violation shall be subject to preliminary or permanent injunctive relief. Any person creating a public nuisance shall be required to reimburse the District for any attorneys" fees and costs incurred in removing, abating, or remedying such nuisance. The continued habitation of any building, the continued operation of any industrial facility or the discharges of wastewater in any manner in violation of the Ordinance, Rules and Regulations, or of any cease and desist order (CDO), is hereby declared as a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor and is subject to the remedies and penalties as provided herein by law. e.Informant Rewards. The General Manager may pay up to $500.00 for information leading to the discovery of non-compliance by a user. In the event the information provided results in a civil penalty or an administrative fine levied against the User, the General Manager may disburse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $2,500.00. f.Remedies Non-Exclusive. The remedies provided for in the District East Valley Water District Pretreatment Program Page 20 of 31 Enforcement Response Plan March 22, 2023 Ordinance are not exclusive. The General Manager may take any, all, or any combination of these actions against the non-compliant User. Enforcement of pretreatment violations will generally be in accordance with the District's Enforcement Response Plan. However, the General Manager may take other action against any User when the circumstances warrant. Further, the General Manager is empowered to take more than one enforcement action against any noncompliance User. 19.Illegal Connection: Any connections made to the Sewer System without complying with the Ordinances, Rules and Regulation and paying all fees and charges as required is illegal and a public nuisance. a.The District may enter property and disconnect any illegal connection from the Public Sewer. Should disconnection be necessary all cost incurred by the District including reasonable attorney's fees shall be recovered by the District. b.At the discretion of the Board, after application for a permit is made, connection may be allowed to continue by first determining that no harm has been done by the connection, or if the connection was properly made. c.Any repairs must be fully effected at the sole expense of the User and a penalty of double the permit, inspection, and connection fees as established by the Ordinance be paid. d.In addition, all unpaid sewer service charges, assessments or other charges shall be computed from the date the illegal connection was made and shall be paid by the User. 20.Protection from Damage: No unauthorized person shall intentionally or negligently break; damage; destroy; uncover; deface; or tamper with any structure, appurtenance or equipment which is a part of the Sewer System. Any person violating this provision shall be guilty of a misdemeanor and subject to the penalties provided by law. East Valley Water District Pretreatment Program Page 21 of 31 Enforcement Response Plan March 22, 2023 21.Falsifying Information: Any User who knowingly makes any false statements, representation, record, report, plan or other document filed with the District or who falsifies, tampers with, or knowingly renders inaccurate any monitoring devise or method required under the Ordinance shall be guilty of a misdemeanor and subject to the penalties provided by law. Any User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to the Ordinance or the User's wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the Ordinance shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) per violation per day or imprisonment for not more than six months, or both for each violation. This penalty shall apply to the exclusion of any other Ordinance provisions more lenient. 22.Termination of Service: The District, after a hearing the Board of Directors, may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater service to any building if a violation of any provision of the Ordinance causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in the Water Code. This provision is in addition to other statutes, rules, or regulations, authorizing termination of service for delinquency in payment. 23.Payment of Fees, Charges and Penalties: In the event that any enforcement action is brought by the District, the Owner or User shall pay to the District reasonable attorney's fees and all costs associated with said actions. a.Unless otherwise specified, all penalties imposed pursuant to the Ordinance are due and payable within thirty calendar days of receipt of notice or invoicing by the District. b.Any invoice outstanding and unpaid after ninety days shall be cause for East Valley Water District Pretreatment Program Page 22 of 31 Enforcement Response Plan March 22, 2023 immediate suspension of the wastewater discharge permit. In addition, interest shall accrue on any unpaid penalties at ten percent (10%) per annum from the due date until paid. c.Payment of disputed charges is still required by the due date during the General Manager's review of any appeal submitted by the User. 24.Damage to Facilities or Interruption of Normal Operations: Any User who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the District's Sewer System or tributaries thereto or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the District to resume normal operations. Such discharges shall be grounds for permit revocation. A service charge of twenty- five percent (25%) of the District's costs shall be added to the costs and charges to reimburse the District for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within thirty (30) days of invoicing by the District. Any User who discharges a waste which causes or contributes to the District violating its discharge requirements established by any Regulatory Agency and causing the District to incur additional expenses or suffer losses or damage to its facilities, shall be liable for any costs or expenses incurred by the District, including regulatory fines, penalties, and assessments made by other agencies or a court. B. Determining Factors 1.Magnitude of the violation: The level of enforcement action depends on the magnitude of the violation and/or any significant threat to the public health, safety, welfare, the environment, the POTW, or any District personnel. 2.Duration of the violation: The length of time a violation exists without being corrected also impacts the level of enforcement response. Violations that are not corrected within a East Valley Water District Pretreatment Program Page 23 of 31 Enforcement Response Plan March 22, 2023 specified time frame will result in escalated enforcement responses. 3.Compliance History of the User: The initial level of enforcement may also be determined by the compliance history of the User. Repeat violations within specified time frames, indicating chronic noncompliance, generally will be addressed at higher levels of response and may be accompanied by a change in permit classification which increases the District’s oversight and places additional requirements on the User to demonstrate assurance of continued compliance. 4.Good Faith of the User: Additional considerations are given in the enforcement response to Users that demonstrate reasonable and consistent approaches to resolving noncompliance such as quick responses to noted violations; installation of equipment and/or implementation of best management practices, etc. in good faith attempts to resolve noncompliance. 5.Effect of the Violation: The initial response to a violation also considers the effect or impact of any noncompliance on the District. For example, any violation that meets the definition of Significant Noncompliance (SNC) or jeopardizes the designated beneficial reuse of treated wastewater or municipal sludge (biosolids), or that compromises the District’s ability to meet any federal, state, or local regulatory requirements requires an elevated response to assure quick resolution. C. Enforcement Response Guide The District will identify non-compliance with permit and Ordinance provisions through the following: 1.Industrial User Inventory - An essential step for identifying non- compliance is, knowing who is discharging non-domestic waste to the POTW, where they are located, and the nature of the non-domestic waste being discharged. The Water Quality Department maintains a current inventory of all non-domestic sources of waste to the POTW. 2.Monitoring and Inspection Plan - The Water Quality Department East Valley Water District Pretreatment Program Page 24 of 31 Enforcement Response Plan March 22, 2023 monitors the wastewater from each Industrial User at least once per year. Sampling procedures include Quality Assurance/Quality Control procedures discussed elsewhere in the approved pretreatment program, are followed to maximize sample integrity. All inspections are performed using approved District forms that include checklists and narrative sections to document the non-compliance; the section of the permit or Ordinance that governs compliance for that specific area; timeframe(s) for responding to the violation; and the next level of enforcement to expect if the noncompliance is not corrected. 3.Compliance Screening - All reports from Industrial Users are carefully reviewed on an as received basis for timeliness, completeness and accuracy. The screening process includes an evaluation of compliance with report due dates, numerical standards, sampling handling and analysis requirements, signatory/certification requirements, Best Management Practices (BMPs) used as outlined from time to time and monitoring frequency. All violations are clearly documented and addressed in accordance with the Enforcement Response Plan. East Valley Water District Pretreatment Program Page 25 of 31 Enforcement Response Plan March 22, 2023 ENFORCEMENT RESPONSE GUIDE DISCHARGE VIOLATIONS Violation & Circumstances Enforcement Response Penalty Personnel First Discharge Violation in a 12-month Period - No harm to POTW Written Warning Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Second Discharge Violation in a 12-month Period - No harm to POTW NOV — NMP required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor NMP Violation(s) — Does not result in Acute Non- Compliance NOV — PO — Complete additional monitoring Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor NMP Violation(s) – Acute Non- Compliance NOV, CMO, Consent or Compliance Order, Administrative Complaint Complete additional monitoring Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Any discharge violation(s) that result in Quarterly SNC status NOV, CMO, Consent or Compliance Order Complete additional monitoring Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Any discharge violation(s) that result in pass-through, sludge contamination, or interference Administrative Complaint, Civil or Criminal Penalties Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM, Attorney Dilution of Wastestream — First offense Written Warning — Resample required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Dilution of Wastestream — Repeat offense(s)NOV — Resample(s) required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Continuous pH Monitoring indicates noncompliance NOV — Comply with pH requirements Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Septic Waste Discharged at non- authorized site or in noncompliance with limitations at the POTW — First Offense NOV — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Septic Waste Discharged at non- authorized site or in noncompliance with limitations at the POTW — Repeat Offense(s) Permit Suspension, Permit Revocation, Civil or Criminal Penalties — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM, Attorney Discharge of any prohibited Waste — First Offense NOV — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Discharge of any prohibited waste — Repeat Offense(s) CMO, Administrative complaint, Civil or Criminal penalties Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM, Attorney East Valley Water District Pretreatment Program Page 26 of 31 Enforcement Response Plan March 22, 2023 ENFORCEMENT RESPONSE GUIDE MONITORING VIOLATIONS Violation & Circumstances Enforcement Response Penalty Personnel Failure to sample or resample within required timeframes — Doesn’t result in Acute Non-Compliance Written Warning — Sample/resample as required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to sample or resample within required timeframes — Results in Acute Non-Compliance NOV, CMO — Sample/resample as required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Improper Sample Location — First offense Written Warning Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Improper Sample Location — Repeat offense(s)NOV — Resample required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Improper sample collection or analytical methods — First offense Written Warning Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Improper sample collection or analytical methods — Repeat offense(s)NOV — Resample required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to monitor for all required pollutants — First offense Written Warning — Resample required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to monitor for all required pollutants — Repeat offense(s)NOV — Resample(s) required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, EWQ Supervisor Failure to properly maintain or operate Flow monitoring or pretreatment equipment — First offense. Written Warning — Complete required repairs, calibration, or maintenance as required. Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to properly maintain or operate Flow monitoring or pretreatment equipment — Repeat offense(s) NOV - Complete required repairs, calibration, or maintenance as required Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to install required monitoring or flow equipment — First offense. Written Warning — Complete required installation Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to install required monitoring or flow equipment — Repeat offense(s) NOV, CMO, Consent Compliance Order, Administrative Complaint Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor, GM East Valley Water District Pretreatment Program Page 27 of 31 Enforcement Response Plan March 22, 2023 ENFORCEMENT RESPONSE GUIDE REPORTING VIOLATIONS Violation & Circumstances Enforcement Response Penalty Personnel Failure to maintain records or reports as required by permit — First offense Written Warning — Records required to be maintained. Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to maintain records or reports as required by permit — Repeat offense(s) NOV — Records required to be maintained Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to submit records, reports, or correspondence — less than 5 days late Verbal and or Written Warning Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to submit records, reports, or correspondence — between 5 and 45 days late. NOV — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to submit records, reports, or correspondence — Over 45 days late – Significant Non-Compliance NOV, CMO, Consent, or Compliance Order Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Failure to report SMR Discharge violation — First offense Written Warning — SMR Report required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to report SMR Discharge violation — Repeat offense(s)NOV — SMR required Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to report Slug Load or spill discharge violation — First offense & no harm Written Warning — Slug load or spill report required Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to report Slug Load or spill discharge violation — Repeat offense(s) — No harm NOV — Slug Load or spill Report required Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to report Slug Load or spill discharge violation - Harm CDO, Compliance Order, Administrative Complaint — submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Failure to submit additional monitoring — First offense Written Warning — addition at monitoring results required Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to submit additional monitoring Repeat offense(s) NOV — additional monitoring results required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor East Valley Water District Pretreatment Program Page 28 of 31 Enforcement Response Plan March 22, 2023 ENFORCEMENT RESPONSE GUIDE PERMIT VIOLATIONS Violation & Circumstances Enforcement Response Penalty Personnel Failure to submit permit application or renewal by due date Written Warning — Submit required permit application Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Failure to submit permit application renewal before current permit expires NOV — Submit required permit application Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to submit permit application that results in a permit reclassification NOV — Permit modification required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to comply with any permit condition of requirement — First offense Written Notice, NOV — depending upon severity Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to comply with any permit condition or requirement — Repeat offense(s) NOV, Consent or Compliance Order, Administrative Complaint Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Unauthorized or Unpermitted Discharge — first offense — No harm to POTW Written Warning Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Unauthorized or Unpermitted Discharge — Repeat offense(s) — No harm to POTW NOV — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Unauthorized or Unpermitted Discharge — First offense — Harm to the POTW CDO, Consent or Compliance Order, Administrative Complaint — Depending upon severity — Required to submit information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Unauthorized or Unpermitted Discharge — Repeat offense(s) — Harm to the POTW CDO, Compliance Order, Administrative Complaint, Civil or Criminal Penalties — Depending upon severity — Required to submit information Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM, Attorney Failure to submit required permit information or any process modification — First offense Written Warning — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to submit required permit information or any process modification — Repeat offense(s) NOV — Submit required information Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — First offense NOV — acknowledge and implement plan(s) as required Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — Repeat offense(s) CMO, Consent or Compliance Order, Administrative Complaint — Required to consistently implement all required plans Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM East Valley Water District Pretreatment Program Page 29 of 31 Enforcement Response Plan March 22, 2023 ENFORCEMENT RESPONSE GUIDE MISCELLANEOUS ORDINANCE VIOLATIONS Violation & Circumstances Enforcement Response Penalty Personnel Denial of entry to perform monitoring or inspections — first offense Verbal or Written Warning — User agrees to all entry Refer to the Districts Schedule of Water and Wastewater Rates and Charges Inspector, WQ Supervisor Denial of entry to perform monitoring or inspections — Repeat offense(s) NOV, CMO, Compliance Order, Administrative Complaint - Obtain Inspection Warrant Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM, Attorney Spill containment not present or inadequate — First offense Written Warning — Install or correct spill containment violation Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Spill containment not present or inadequate — Repeat offense(s) NOV - Install or correct spill containment violation Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Spill containment area not properly maintained — First offense Written Warning — Maintain Spill containment area Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Spill containment area not properly maintained — Repeat offense(s) NOV, CMO, Consent or Compliance Order, Administrative Complaint Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Illegal water softening equipment installed — First offense Written Warning — Comply with water softening equipment requirements Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Illegal water softening equipment installed — Repeat offense(s) NOV, CMO, Compliance Order, Administrative Complaint Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM Failure to implement Best Management Practices (BMPs) — First offense Written Warning — Required to implement BMPs Refer to the Districts Schedule of Water and Wastewater Rates and Charges EC Inspector, WQ Supervisor Failure to implement Best Management Practices (BMPs) — Repeat offense(s) NOV, CMO, Compliance Order, Administrative Complaint Refer to the Districts Schedule of Water and Wastewater Rates and Charges WQ Supervisor, GM East Valley Water District Resolution 2023.05 Page 1 of 3 RESOLUTION 2023.05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING A SCHEDULE OF RATES AND CHARGES RELATED TO THE PROVISION OF WATER AND WASTEWATER SERVICE AND SUPERCEDING RESOLUTION 2021.07 WHEREAS, East Valley Water District (“District”) is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; and WHEREAS, pursuant to applicable law, including but not limited to Water Code Sections 31007 and 31025, the District’s Board of Directors is authorized to adopt by resolution such rates and charges for incidental services related to the provision of water service and wastewater service by the District to implement the rules and regulations set forth in District Ordinance No. 404 and 401, and to yield an amount sufficient to pay for the services provided to District ratepayers and the regulatory costs incurred by the District in providing those services; and WHEREAS, Ordinances 404 and 401 provide that Rates and Charges, may be changed from time to time or new rates and charges may be established by resolution of the Board of Directors; and WHEREAS, Section 21080(b) (8) of the Public Resources Code provides that the establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by public agencies are exempt from the requirements of the California Environmental Quality Act (CEQA) provided that certain findings are made specifying the basis for the claim of exemption; and WHEREAS, the District, in accordance with the requirements of Article XIIID of the Constitution of the State of California, has established rates and fees for property related services including water and wastewater treatment; and WHEREAS, the Board of Directors of the District deems it advisable and finds that it would be in the best interest of the District to amend or establish certain fees and charges, consistent with applicable constitutional and statutory requirements; and WHEREAS, Article XIIIC Section 1 of the Constitution of the State of California, excepts certain levies, fees and charges from the definition of “tax” thereby exempting such levies, fees and charges from the procedural requirements established by Article XIIID of the California Constitution; and WHEREAS, the District now wishes to establish fees and charges incidental and related to the provision of services for water and wastewater treatment, but which fees and charges are not for property related services as defined by Article XIIID of the Constitution of the State of California and which fees and charges may be established by resolution of the Board of Directors of the District; East Valley Water District Resolution 2023.05 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: Section 1. It is hereby found and determined that the proposed changes to the Schedule of Rates and Charges and Miscellaneous Fee Calculations are within the purposes set forth in Section 21080(b) of the Public Resources Code, and therefore, that such changes are exempt from CEQA. Section 2. It is hereby found and determined that the miscellaneous fees and charges established or increased/decreased hereby do not exceed the estimated reasonable cost of providing the service for which they are imposed and that said fees and charges do not constitute a tax pursuant to Article XIIIC Section 1(e) of the California Constitution. Section 3. Additional penalties were added to the revised Schedule of Rates and Charges for Water and Wastewater as set forth in Exhibit “A” to this resolution related to the Pretreatment Program. Section 4. That the provisions of this Resolution shall be effective April 1, 2023, with Pretreatment Fees and Penalties being activated following the date the District assumes pretreatment responsibilities. Section 5. That the Secretary is hereby ordered and directed to post a certified copy of this Resolution in a public place within the District. This Resolution shall take effect as of the 1st day of April 2023. ADOPTED this 22nd day of March 2023. ROLL CALL: Ayes: Directors: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None Abstain: None Phillip Goodrich Board President East Valley Water District Resolution 2023.05 Page 3 of 3 ATTEST: Michael Moore Secretary, Board of Directors March 22, 2023 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2023.05 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held March 22, 2023. Michael Moore Secretary, Board of Directors 8 8 0 EXHIBIT “A” EAST VALLEY WATER DISTRICT SCHEDULE OF WATER AND WASTEWATER RATES AND C H A R G E S UPDATED JULY 1, 2022MARCH 22, 2023 i Table of Contents Section 1: Water Service Charges ..........................................................1 Monthly Water System Charge ...........................................................1 Commodity Charges: Potable Water ...................................................1 Private Fire Protection Service ...........................................................2 1. Commercial Standby Charge ............................................................2 2. Fire Hydrant Flow Test Fee (per fire hydrant)........................................2 Temporary Water Service Connection ..................................................3 Monthly Service Charge ...................................................................3 1. Commodity Charge .......................................................................3 2. Meter Deposit .............................................................................3 3. Temporary Service Meter Availability Charge (for reading).........................3 4. Unauthorized Use of Water Charge ....................................................3 New Account Fees for Water Services ..................................................4 1. Security Deposit...........................................................................4 2. Service Initiation Charge.................................................................4 Miscellaneous Water Service Charges and Fees .....................................4 1. AMI Opt-Out Fee..........................................................................4 2. Delinquency Charge ......................................................................4 3. Disconnection Notice Charge............................................................4 4. Meter Test Charge ........................................................................4 5. Returned Payment Fee...................................................................4 6. Service Reconnect Charge (after hours)...............................................5 7. Service Reconnect Charge (business hours)..........................................5 Cross-Connection Control ..................................................................6 1. Backflow Installation Fee ................................................................6 2. Backflow Inspection Fee (per inspection).............................................6 3. Initial Backflow Compliance Test (per device)........................................6 ii 4. Backflow Annual Administration Fee (per device)....................................6 5. Annual Backflow Compliance Test (per device)......................................6 Section 2: Wastewater Service Charges .................................................8 Monthly Wastewater Charge - Current .................................................8 Collection Charges ..........................................................................8 Treatment Charges .........................................................................9 Wastewater Charge - SNRC ..............................................................11 Section 3: Developer Services .............................................................13 Water Capacity and Connection Fees .................................................13 Water Capacity Fees ......................................................................13 Water Connection Fees ..................................................................13 Service Installation Benchmark Costs ...............................................14 Wastewater Connection Fees............................................................15 Fire Service Connection Charges .......................................................15 Developer Services’ Charges and Fees ................................................16 1. Availability Letter ........................................................................16 2. Construction Inspection Charge (per day or actual cost)..........................16 3. Development Agreement (per agreement or actual cost).........................16 4. Development and Engineering Research Fee ($95 per hr; 4-hr min)............16 5. Development Meeting Fee .............................................................16 6. Easement/Quitclaim Processing (per easement)....................................17 7. Fire Hydrant Installation Charge (actual cost or 5% of estimate)................17 8. General Water/Sewer Service Inquiry ................................................17 9. New Construction Chlorination and Flushing Fee ($355 min to actual cost)....17 10. Sewer Manhole and Valve Can Deposit ..............................................17 11. Special Facility Charge ..................................................................17 12. Water Main Extension Charge .........................................................18 13. Water Quality Sampling Fee (per sample)...........................................18 14. Water/Sewer Plan Checking Fee (per sheet)........................................18 iii 15. Water System Design Charge .........................................................18 16. Will Serve Letter .........................................................................19 Section 4: Pretreatment Program .........................................................19 Penalties for Enforcement Response Plan Discharge Violations ..............20 Penalties for Enforcement Response Plan Monitoring Violations .............21 Penalties for Enforcement Response Plan Reporting Violations ..............22 Penalties for Enforcement Response Plan Permit Violations ...................23 Penalties for Enforcement Response Plan Miscellaneous Violations .........24 History of Revisions ...........................................................................26 1 Section 1: Water Service Charges Monthly Water System Charge The water system charge is the monthly availability charge applicable to all metered water services, and shall apply whether or not premises served by the meter are occupied. The charges, which vary by meter size, are established at the amounts listed in the table below. 7/1 /20 16 1/1 /20 2 2 1/1 /202 3 1/1/202 4 5/8"23.06$ 24.01$ 24.74$ 25.49$ 3/4"29.27$ 30.85$ 31.78$ 32.74$ 1"41.71$ 44.52$ 45.86$ 47.24$ 1 1/2"72.81$ 78.69$ 81.06$ 83.50$ 2"110.13$ 119.70$ 123.30$ 127.00$ 3"228.30$ 229.05$ 235.93$ 243.01$ 4"402.44$ 352.07$ 362.64$ 373.52$ 6"819.14$ 693.79$ 714.61$ 736.05$ 8"1,503.28$ 1,923.98$ 1,981.70$ 2,041.16$ METER SIZE RATE EFFECTIVE DATE Commodity Charges: Potable Water Commodity Charges are billed on a per unit basis for water consumption registered by the water service meter. One unit is 100 cubic feet (HCF) of water, which is equal to 748 gallons. TIERS 1/1/2020 1/1/2022 1/1/2023 1/1/2024 T ier 1 - Indoor U se $ 1.83 $ 1.98 $ 2.04 $ 2.11 T ier 2 - O utdoor U se $ 2.61 $ 2.54 $ 2.62 $ 2.70 T ier 3 - Inefficient Use $ 3.64 $ 3.93 $ 4.05 $ 4.18 RATE EFFECTIVE DATE 2 The District has three price tiers with increasing rates per unit. The number of units a customer is billed in each tier is determined by their unique water budget. See Section 10 of the District’s Water Regulation and Service Ordinance for an explanation of water budgets. Private Fire Protection Service 1. Commercial Standby Charge The fire service standby charge is the monthly charge assessed per inch diameter of the District fire service meter. Water use through this service is limited to emergency fire requirements only. RATE EFFECTIVE DATE 7 /1 /2 016 1"8.78$ 1 1/2"13.18$ 2"17.57$ 3"26.35$ 4"35.14$ 6"52.70$ 8"70.27$ 10"87.84$ METER S IZE 2. Fire Hydrant Flow Test Fee (per fire hydrant) The fire flow test charge is a flat rate established to cover the District’s time and effort for testing parts of the water system to obtain fire flow test data and calculate results as requested. The District will charge a one-time fee of $270 to administer fire flow tests. 3 Temporary Water Service Connection A temporary service is available through the use of a fire hydrant. A customer deposit for the temporary service will be required, and all other applicable service charges shall apply. Monthly Service Charge Refer to the schedule of Monthly Water System Charges for three inch (3”) meters. 1. Commodity Charge Commodity charges for temporary services shall be billed at the Tier 3 rates based on the Potable Water Commodity Rates. When available, and feasible, recycled water shall be used for temporary construction uses. The Commodity Charge shall be as follows: AREA RATE / 10 0 CUBIC FEET Potable T ier 3 Rate 2. Meter Deposit A deposit equal to the replacement cost of the construction meter shall be collected at the time of service application. Currently, the replacement cost is estimated to be $2,700. The deposit will be applied to the closing bill and any remaining amount refunded to the customer. Lost meters will result in forfeiture of the deposit. 3. Temporary Service Meter Availability Charge (for reading) If a hydrant/construction meter is not available for a monthly reading as prescribed by the District, a fee of $100 will be charged for each month the meter is not read in order to cover the cost of correcting billing records. 4. Unauthorized Use of Water Charge The unauthorized use of water charge shall be charged to any person, organization or agency for each unauthorized use of District water or for tampering in any manner with any meter belonging to the District where this tampering shall affect the accuracy of such meter. The unauthorized use of water charge is hereby established at the rate of $500 for a first occurrence and $1,000 for each subsequent occurrence. 4 New Account Fees for Water Services The following fees are applicable to all requests for new service, or transfer of an existing account to a new location: 1. Security Deposit A deposit of $150 will be required until a one-year payment history, with fewer than two delinquencies, has been established. The deposit insures payment of minimum District charges. 2. Service Initiation Charge The service initiation charge is a non-refundable charge of $35 per account, which covers the reasonable District costs for initiating water service. Miscellaneous Water Service Charges and Fees 1. AMI Opt-Out Fee This fee covers the cost to manually read the meter and will be charged when a customer requests to Opt-Out; that the District not install an Automated Metering Infrastructure (AMI) meter information unit to serve their property. 2. Delinquency Charge Rates and charges which are not paid on or before the due dates shall be subject to interest charges. Interest will be calculated at a rate of one and one-half percent (1 ½%) on all amounts that remain unpaid at the end of each billing cycle. 3. Disconnection Notice Charge The disconnect notice charge is the charge which covers reasonable District costs to notify customers that their water service is subject to impending termination. 4. Meter Test Charge The meter test charge is the charge which covers the District costs for removing, bench testing, and reinstalling the water meter to be tested. 5. Returned Payment Fee A returned payment charge is a charge which covers the reasonable administrative cost and banking charges for processing a returned check, or to respond to a disputed 5 charge where a payment card was fraudulently used to make payment on an account. 6. Service Reconnect Charge (after hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during non-business hours, of service connections which are in violation of the provisions contained herein. 7. Service Reconnect Charge (business hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during regular business hours, of service connections which are in violation of the provisions contained herein. Summary of charges/fees for Miscellaneous Water Service: CHARGE OR FEE N AME CHARGE/FEE A MI O pt-O ut Fee $13 (per m onth) Deli nquency Charge 1.5% Disconnection Notice Charge $30 Fire Hydrant Flow T est Fee $270 (per fire hydrant) Meter Deposit $2,700 Meter T est C harge $65 Returned Paym ent Fee $25 Service Initiation Charge $35 (per account) Service Reconnect C harge (after hours)$150 Service Reconnect C harge (business hours)$50 T em porary Service Meter A vailabil ity C harge (for reading)$100 Unauthorized Use of Water Charge $500 (first occurrence) Unauthorized Use of Water Charge $1,000 (each subsequent occurrence) 6 Cross-Connection Control In order to prevent water from flowing backward into the District’s water distribution system, a backflow device must be installed by all commercial/irrigation and multi-family customers with four (4) or more units serviced. All backflow devices must be inspected upon installation and tested annually for compliance. Compliance testing may be performed by a certified backflow tester and results shall be submitted to the District. Installation of new backflow prevention assemblies are typically completed by the owner’s contractor, if staff performs the installation, it will be billed at actual cost. 1. Backflow Installation Fee The charge for installation will be based on actual cost to the customer, and will be billed accordingly. 2. Backflow Inspection Fee (per inspection) A fee of $145 will be charged for each standard backflow inspection of newly installed backflow prevention devices, in accordance with District Standards, and inspected by District staff. 3. Initial Backflow Compliance Test (per device) A fee of $60 will be charged to the customer for the initial backflow compliance test performed by certified District staff. 4. Backflow Annual Administration Fee (per device) The District shall appoint at least one person trained in cross-connection control to administer and ensure all District standards are met. This backflow annual administration fee will be assessed annually. 5. Annual Backflow Compliance Test (per device) A fee of $5 per month will be charged to the customer when the annual backflow compliance test is performed by certified District staff. The customer will only be billed as a $60 lump sum when District standards regarding the inspection, testing, and maintenance of customer-owned backflow assemblies are not followed. See Section 9 of the District’s Water Regulation and Service Ordinance for an explanation of Inspection, Testing and Maintenance. 7 Summary of charges/fees for Cross-Connection Control: CHARGE OR FEE N AME CHARGE / FEE Backflow Installation Fee actual cost Backflow Inspection Fee $145 (per inspection) Initial Backflow Com pl iance T est $60 (per device) A nnual Backflow A dm inistration Fee $15 (per device) A nnual Backflow Com pliance T est $60 (per device) 8 Section 2: Wastewater Service Charges Monthly Wastewater Charge - Current Collection Charges Collection charges were established to maintain the District's wastewater collection lines. A. Residential Customers (1 – 3 units) The collection charge for residential customers is a monthly fixed charge. CUS TOMER CL ASS MO NTHL Y CHARGE Residential 15.36$ B. Commercial Customers The collection charges for commercial customers include a small fixed charge plus a volumetric charge (water usage). CUSTO MER CLASS MONTHLY FIXED CHARGE Com mercial/Multi-Family 3.90$ Volumetric Charge per hundred cubic feet (HCF) of water used: CO MMERCIAL CUS TO MER TY PE CHARGE PER HCF Multi-Family (4 or m ore units, Mobile Hom e Park)0.55$ C om m ercial/Retail (Non-O ffice, Bakery, Market)0.55$ Restaurant/Lounge 0.55$ Laundromat 0.55$ Dry Cleaner 0.55$ School/C hurch (Daycare, Nursery School)0.55$ O ffice Building/Motel (without a restroom , Municipality)0.55$ C onvalescent Hom e 0.55$ 9 Treatment Charges The District pays treatment charges established by the City of San Bernardino for the operation and maintenance of their wastewater treatment facilities. Any future increases made by the City over the next five years following the previous public hearing, held on January 25, 2017, may be automatically passed through and incorporated herein by this reference, by action of the District’s Board of Directors to the extent authorized by Government Code Section 53756 and any other applicable provision of law. A. Residential Customers Treatment charges for residential customers are a monthly fixed charge. RATE EFFECTIVE DATE 7/1/201 7 Residential 21.55$ Multi-Family (2 Units)43.10$ Multi-Family (3 Units)64.64$ CUS TOMER CL AS S B. Commercial Customers Treatment charges for commercial customers include a small fixed plus a volumetric charge (water usage) which varies depending on the nature of the commercial entity. Fixed Charges: 7/1/2017 Multi-Fam ily (4+ U nits), Mobile Home Parks 1.97$ Non-Residential Custom er Classes 3.52$ CUS TO MER CLASS RATE EFFECTIVE DATE 10 Volumetric Charges (per HCF): 7/1/2017 Multi-Family (4+ U nits), Mobile Hom e Parks 1.53$ Com m ercial / Retail 2.55$ Restaurants / Lounges 3.28$ Laundromats 1.83$ Dry Cleaners 2.55$ Schools / Churches 1.33$ Governments / Municipal 1.83$ Convalescent Hom es 1.63$ Hotels (with Restaurants)3.28$ O ffices Buildings / Motels 1.83$ A uto Repair / Service Station 1.58$ Car Wash 1.58$ RA T E EFFECT IVE DA T ECUSTOMER CLA SS 11 Wastewater Charge - SNRC The commencement of operations at the District’s new Sterling Natural Resource Center Water Reclamation Plant will require that the District transition from charging rates established by the City of San Bernardino, to rates that were adopted as the result of a wastewater Cost of Service Analysis conducted on District operations and facilities. Wastewater charges consist of both a Collection (System) component and a treatment component, and includes both fixed charges, and charges based on water usage. An explanation of how these charges apply to different customer classes is explained below. A. Residential Customers The collection and treatment charges for residential customers is a monthly fixed charge for each dwelling unit. Accounts with 1-3 dwelling units are classified as single- family residential customers; accounts with 4 or more dwelling units are classified as multi-family residential customers. Collect ion Treatment Collect ion Treat ment Collect ion Treat ment Single-Family Reside ntia l Fixed Monthly Charges 14.25$ 23.37$ 15.25$ 25.01$ 16.32$ 26.77$ Multi-Family Residentia l Fixed Monthly Charges 13.46$ 20.86$ 14.41$ 22.33$ 15.42$ 23.90$ RATE EFFECTIVE DATE 1 /1/2023 1/1/20 2 45/1/2 0 22 12 B. Commercial / Non-Residential Customers The collection and treatment charges for non-residential customers consist of monthly fixed charges, assessed per account, and a volumetric charge assessed for each unit of water (HCF) used for the account during the billing period. The volumetric charge varies based on the strength/concentration factors of the wastewater discharged by commercial customers. Customers are assigned to a strength category based on industry standards. Fixed Monthly Charges: Collection Treatment Collect ion Treat ment Collect ion Treat ment 10.33$ 10.83$ 11.06$ 11.59$ 11.84$ 12.41$ RATE EFFECTIVE DATE 5/1 /20 2 2 1 /1/2 023 1/1 /202 4 Volumetric Charges per HCF of Water Usage: Collection Treat ment Collection Treat ment Collection Treat ment Low Strength Dischargers 0.35$ 0.96$ 0.38$ 1.03$ 0.41$ 1.11$ Medium Strength Dischargers 0.46$ 1.53$ 0.50$ 1.64$ 0.54$ 1.76$ High Strength Dischargers 0.46$ 3.42$ 0.50$ 3.66$ 0.54$ 3.92$ Patton State Hospi tal 0.57$ 1.79$ 0.61$ 1.92$ 0.66$ 2.06$ RATE EFFECTIVE DATE 5/1/202 2 1/1/202 3 1/1/20 2 4 13 Section 3: Developer Services Water Capacity and Connection Fees Water Capacity Fees A “Capacity Charge” is defined within GC 66013 as a charge for public facilities in existence at the time a charge is imposed or charges for new facilities to be constructed in the future that is of benefit to the person or property being charged. Capacity fees ensure new development pays its fair share to connect to the system and does not cause additional burdens to current customers. Capital and infrastructure costs required to meet new demand/connections should be paid by those creating the cost to be incurred. On July 1 of each year Water Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Water Connection Fees The water meter connection charge is the charge for installation and materials between the service angle stop and customer connection side within the meter box. Such regular charge shall be paid in advance by the applicant. Cost varies for the requested meter size and type. Service line connections to the main are separate from this fee and would be an additional non-regular charge. Where there is a non-regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. 14 METER SIZE CAPACITY CHARGE METER CON NECTION CHARGE 3/4" T -10 7,964$ 930$ 3/4" Mach 10 7,964$ 1,035$ 1"13,275$ 1,100$ 1 1/2"26,549$ 1,495$ 2"42,478$ 1,780$ 3"84,956$ 7,515$ 4"132,744$ 10,030$ 6"265,489$ 15,875$ 8"743,369$ 17,360$ 10"1,115,053$ 22,355$ Service Installation Benchmark Costs Installation charges will be estimated by the District based on availability of District staff to complete the work-site specific construction conditions and requirements. The costs in the table shown are benchmarks, or cost references to begin from, for a short or long- side service installation based on requested meter size. Permitting, paving/concrete costs, and non-typical conditions are not included and will need to be assessed per connection, on a case-by-case basis. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. METER SIZE S HORT S IDE L ATERAL LONG S IDE LATERAL 3/4" T -10 6,005$ 11,030$ 3/4" Mach - 10 6,110$ 11,135$ 1"6,035$ 11,060$ 1 1/2"6,420$ 11,445$ 2"6,640$ 11,665$ 3"14,765$ 22,690$ 4"17,210$ 25,135$ 6"22,985$ 30,915$ 8"24,470$ 32,395$ 10"29,465$ 37,390$ 15 Wastewater Connection Fees The sewer service connection charge is the charge for the type and size of service connection desired. Such regular charge shall be paid in advance by the applicant. Where there is no such regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. The following charges are hereby established and shall be collected at the time of application for sewer connection: CHARGE O R FEE NAME Perm it C harge $ 275 per connection Inspection Charge $ 100 per connection (per visit) Capacity Charge $ 8,329 per EDU or portion thereof CHARGE / FEE On July 1 of each year Wastewater Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Fire Service Connection Charges The fire service charge is the charge for the type and size of fire service connection desired. Such regular charge shall be paid in advance by the applicant. Where there is no regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. 16 Developer Services’ Charges and Fees 1. Availability Letter A fee of $155 will be charged for a water or sewer verification letter inquiry. 2. Construction Inspection Charge (per day or actual cost) Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection at the rate of $905 per day. When District personnel are not available, inspection will be performed by third party inspectors retained by the District. The hourly rate for third-party inspectors will be established at the beginning of each third-party inspection assignment. 3. Development Agreement (per agreement or actual cost) A Development Agreement is required whenever a project will include the design and construction of water or sewer facilities which will be dedicated to the District. This $1,375 minimum fee will cover the cost to initiate and execute a Development Agreement with the District. 4. Development and Engineering Research Fee ($95 per hr; 4-hr min) This fee will provide funding for Engineering staff to conduct research of existing accounts, easements, and other development related materials. This would only apply to obtaining information for Developers that is unique to their development area and not general information, such as fee schedules or District design standards. Utility Requests and providing of As-builts or other locating documentation is not included in this fee. This fee also encompasses the District’s time and effort spent on assisting customers who have a requirement to construct water or sewer facilities, which must meet District needs and conform to District standards. 5. Development Meeting Fee (per meeting, after first meeting) This $475 per meeting fee will provide funding for Engineering staff to prepare for and attend, meetings with developers regarding their projects beyond the initial project consultation meeting and set-up. This fee will primarily impact larger, more complex developments which may require multiple coordination meetings with staff. 17 6. Easement/Quitclaim Processing (per easement) A minimum fee of $975 will be charged for review and recordation of each Easement or Quitclaim document. If complexity of the legal document requires more time, legal counsel, or land surveyor counsel, actual costs beyond the minimum will be collected. 7. Fire Hydrant Installation Charge (actual cost or 5% of estimate) Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation, an administrative fee of 5% of the estimate will be charged. 8. General Water/Sewer Service Inquiry A fee of $75 will be charged for a Technician’s time for general inquiries for service to a parcel. This inquiry usually arises from realtors and small developers. 9. New Construction Chlorination and Flushing Fee ($355 min to actual cost) A minimum fee of $355 will be charged for new construction disinfection plan review, inspection, and flushing prior to sampling. 10.Sewer Manhole and Valve Can Deposit A refundable deposit of $1,500 per manhole will be charged for each sewer manhole structure shown on the sewer construction plans. A refundable deposit of $500 per valve can will be charged for each valve can shown on the water construction plans. These deposits will be returned when all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. As an alternative to the manhole and valve can deposit, a guarantee bond may be provided in the same amount as the deposit. The guarantee bond shall contain covenants that are satisfactory to the District. Such bond shall remain in force until all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. 11.Special Facility Charge A special facility charge shall be required for development of limited service whenever special facilities, including pressure regulators are required. The charge to be made to a developer or owner of land that is considered by the District to be within a limited service area shall be based upon the Developer’s or Landowner’s proportionate share 18 of the cost for the installation of such Special Facility. Such proportionate share to be borne by the developer or landowner shall be based on the percentage of such development to the entire limited service area to be served by the Special Facilities; and the same number of acres or area under normal conditions and the cost of facilities to serve the acreage of area under special conditions at a higher cost. 12.Water Main Extension Charge The water main extension charge is for the construction of a water main extending to the far side of the property to be served. This charge shall be based on the prevailing rates of time and material per District approved plans. The customer shall be responsible to provide the plans and for all applicable Water/Sewer Plan Checking charges described below. 13.Water Quality Sampling Fee (per sample) A fee of $135 will be charged for each water quality sample taken for new construction. 14.Water/Sewer Plan Checking Fee (per sheet) This $800 fee is collected per sheet and is a minimum that will cover up to three in- house plan checks. When District personnel are not available, plan checking will be performed by third-party Engineers retained by the District. The hourly rate and estimate for three plan checks for third-party plan checkers will be established at the beginning of each third-party plan checking assignment. The minimum fee per sheet established can be collected initially to begin plan checking and the Developer will deposit the difference to cover the third-party’s plan check cost to the District. Should more than three plan checks be required, additional funds may be deposited to bill against, and hours will be billed at the Engineering Research Fee or the cost of the third-party Engineer. Plan checking costs shall be paid before plans are returned. 15.Water System Design Charge A water system design charge shall be required for all main extensions, service connections and/or special facilities requiring the preparation of engineering plans and drawings. The water system design charge is hereby established as the fee charged by an Engineering firm of the District’s choosing, plus an additional 10% thereof for the District’s administrative costs. In the event the costs exceed the fees charged, the additional cost will be billed to the customer. 19 16.Will Serve Letter Once a Developer has compiled or met all the items needed to make the request for a Will Serve Letter, per the Development Guidelines and Procedures Handbook, they may request and pay a minimum fee of $575 to review and evaluate the infrastructure needs for a proposed project within the District’s service area. Should additional time be required for reviewing the project information and to prepare the document, the hourly rate established for the Engineering Research Fee shall be assessed in addition to the minimum fee . Summary of charges/fees for Developer Services: CHARGE OR FEE NAME CHARGE / FEE A vailability Letter $155 Construction Inspection Charge $905 (per day) or actual cost Developm ent A greem ent $1,375 (per agreem ent; m in to actual cost) Developm ent and Engineering Research Fee $95 (flat rate, per 4-hr m in) Developm ent Meeting Fee $475 (per m eeting, after first m eeting) Easement/Q uitclaim Processing $975 (per easem ent) Fire Hydrant Instal lation Charge actual cost or 5% of estimate General Water/Sewer Service Inquiry Fee $75 New Construction Chlorination and Flushing Fee $355 (min to actual cost) Sewer Manhole and V alve Can Deposit $1,500 (per manhole); $500 (per valve can) Special Facility Charge Based on proportionate share of Developer or Landowner share of the instal lation of Special Facility Water Main Extension Charge Based on prevailing rates of tim e and m aterial per District approved plans Water Q ual ity Sam pling Fee $135 (per sample) Water/Sewer Plan Checking Fee $800 (per sheet; 3 plan checks) Water System Design Charge actual cost + 10% for adm ini strative costs Will Serve Letter $575 (min fee) Section 4: Pretreatment Program The District performed permit related activities will include permit processing, inspections and monitoring. The following fees are anticipated to cover the annual costs for each class of dischargers for the Pretreatment Program. 20 Class*Annual Fee I User $2,000 II User $1,000 III User $150 IV User $500 V User $200 VI User $150 *Descriptions of each user type are defined in the East Valley Water District Sewer Regulations and Service Charge Ordinance, definitions section. Penalties for Enforcement Response Plan Discharge Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty First Discharge Violation in a 12-month Period - No harm to POTW None Second Discharge Violation in a 12-month Period - No harm to POTW $100 NMP Violation(s) —Does not result in Acute Non- Compliance $100 NMP Violation(s) – Acute Non-Compliance $100, $100, $500, $1000, each subsequent violation Any discharge violation(s) that result in Quarterly SNC status $100, $100, $500, each subsequent violation Any discharge violation(s) that result in pass-through, sludge contamination, or interference $1,000 or as determined by District review Dilution of Wastestream — First offense None 21 Dilution of Wastestream — Repeat offense(s)$100 Continuous pH Monitoring indicates noncompliance $100 Septic Waste Discharged at non-authorized site or in noncompliance with limitations at the POTW — First Offense $100 Septic Waste Discharged at non-authorized site or in noncompliance with limitations at the POTW — Repeat Offense(s) $100, $1,000 or as determined by the District Discharge of any prohibited Waste — First Offense $100 Discharge of any prohibited waste — Repeat Offense(s) $100, $100, $1000 or as determined by the District Penalties for Enforcement Response Plan Monitoring Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to sample or resample within required timeframes — Doesn’t result in Acute Non-Compliance None Failure to sample or resample within required timeframes — Results in Acute Non-Compliance $100 Improper Sample Location — First offense None Improper Sample Location — Repeat offense(s)$100, $500 for subsequent violations Improper sample collection or analytical methods — First offense None 22 Improper sample collection or analytical methods — Repeat offense(s) $100, $500 for subsequent violations Failure to monitor for all required pollutants — First offense None Failure to monitor for all required pollutants — Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to properly maintain or operate Flow monitoring or pretreatment equipment — First offense.None Failure to properly maintain or operate Flow monitoring or pretreatment equipment— Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to install required monitoring or flow equipment — First offense.$100 Failure to install required monitoring or flow equipment — Repeat offense(s)$100/day Penalties for Enforcement Response Plan Reporting Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to maintain records or reports as required by permit — First offense None Failure to maintain records or reports as required by permit — Repeat offense(s)$100 Failure to submit records, reports, or correspondence — less than 5 days late None 23 Failure to submit records, reports, or correspondence — between 5 and 45 days late.$100 Failure to submit records, reports, or correspondence — Over 45 days late – Significant Non-Compliance $100, $500, $1000 for subsequent violations Failure to report SMR Discharge violation — First offense None Failure to report SMR Discharge violation — Repeat offense(s)$100 Failure to report Slug Load or spill discharge violation — First offense & no harm None Failure to report Slug Load or spill discharge violation — Repeat offense(s) — No harm $100 Failure to report Slug Load or spill discharge violation – Harm $250, $500, $1000 and $1500 for subsequent violations Failure to submit additional monitoring — First offense None Failure to submit additional monitoringRepeat offense(s)$100 Penalties for Enforcement Response Plan Permit Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to submit permit application or renewal by due date None Failure to submit permit application renewal before current permit expires $100 24 Failure to submit permit application that results in a permit reclassification $100 Failure to comply with any permit condition of requirement — First offense $100 Failure to comply with any permit condition or requirement — Repeat offense(s) $100, $500, $1000 for subsequent violations Unauthorized or Unpermitted Discharge — first offense — No harm to POTW None Unauthorized or Unpermitted Discharge — Repeat offense(s) — No harm to POTW $100 Unauthorized or Unpermitted Discharge — First offense — Harm to the POTW $100, $500, $1000 depending of severity Unauthorized or Unpermitted Discharge — Repeat offense(s) — Harm to the POTW $100, $500, $1000 or as determined by District review Failure to submit required permit information or any process modification — First offense None Failure to submit required permit information or any process modification — Repeat offense(s)$100 Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — First offense $100 Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — Repeat offense(s) $100, $500, $1000 for subsequent violations Penalties for Enforcement Response Plan Miscellaneous Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. 25 Violation & Circumstances Penalty Denial of entry to perform monitoring or inspections — first offense None Denial of entry to perform monitoring or inspections — Repeat offense(s) $100, $500, $1000 for subsequent violations Spill containment not present or inadequate — First offense None Spill containment not present or inadequate — Repeat offense(s)$100 Spill containment area not properly maintained — First offense None Spill containment area not properly maintained — Repeat offense(s) $100, $500, $1000 for subsequent violations Illegal water softening equipment installed — First offense None Illegal water softening equipment installed — Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to implement Best Management Practices (BMPs) — First offense None Failure to implement Best Management Practices (BMPs) — Repeat offense(s) $100, $500, $1000 for subsequent violations 26 History of Revisions DA TE A DOPTED RESOLUTION UPDA TED OR RESCINDED REVISION DA TE EFFECTIVE 03 /22 /2 3 20 23.05 202 1.1 3 A ddit ion o f Pre t re at me nt Program Pe nalt ie s 0 4/01/23 Pass-T hro ugh N/A N/A Updat e Cap ac it y Fe e s (pe r Cost Const ruct io n Inde x)0 7/01/22 08 /11 /2 1 20 21.13 202 1.0 7 Updat e A MI O pt -Out Fe e 0 9/01/21 Pass-T hro ugh N/A N/A Updat e Cap ac it y Fe e s (pe r Cost Const ruct io n Inde x)0 7/01/21 05 /12 /2 1 20 21.08 201 9.1 9 Updat e W at e r and W ast e w at e r Charge s 0 1/01/22 05 /12 /2 1 20 21.07 201 9.1 9 Updat e Misc e llane o us and De ve lopme nt Fe e s 0 6/01/21 Pass-T hro ugh N/A N/A Updat e Cap ac it y Fe e s (pe r Cost Const ruct io n Inde x)0 7/01/20 12 /11 /1 9 20 19.19 201 9.0 6 Updat e Misc e llane o us and Capac it y Fe e s 0 1/01/20 05 /22 /1 9 20 19.06 201 7.0 7 Updat e W at e r Charge s 0 1/01/20 07 /11 /1 8 20 18.12 201 7.0 1 Updat e W ast e w at e r Charge s 0 8/12/18 05 /24 /1 7 20 17.07 201 7.0 1 Updat e W at e r Charge s 0 7/01/17 01 /25 /1 7 20 17.01 201 6.0 5 Updat e W ast e w at e r T re at me nt Charge s and Re ne w 5-Y e ar Pass-T hro ugh Pro vision 0 7/01/17 02 /24 /1 6 20 16.05 201 5.0 4 Updat e W ast e w at e r Charge s and Misce llane ous Fe e s 0 4/01/16 03 /25 /1 5 20 15.04 201 4.3 2 Imple me nt W at e r Budge t Base d Rat e s 0 6/01/15 03 /25 /1 5 20 15.04 O rd 3 9 1 Updat e W ast e w at e r Charge s 0 6/01/15 Agenda Item #4c March 22, 20231 Meeting Date: March 22, 2023 Agenda Item #4c Discussion Item 7 2 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of the 2023 Sewer System Management Plan (SSMP) RECOMMENDATION That the Board of Directors adopt the 2023 Sewer System Management Plan (SSMP) and replace the Overflow Emergency Response Plan with a new Spill Emergency Response Plan. BACKGROUND / ANALYSIS Title 40 Section 403 of the Code of Federal Regulations (CFR) establishes the responsibilities of any Wastewater Agency to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge. Historically, the East Valley Water District (District) has relied on the City of San Bernardino Municipal Water Department’s (SBMWD) Pretreatment Program for sewage generated in the District’s service area, which was treated at SBMWD’s facility. In November 2017, the District and SBMWD entered into a Settlement Agreement to transition sewer treatment responsibilities to the District following the completion of the Sterling Natural Resource Center (SNRC). Pursuant to Title 40 CFR 403 the transition of treatment responsibilities requires the establishment of a Pretreatment Program, which includes a Fats, Oils and Grease (FOG) Program. The District’s existing Sewer System Management Plan requires updates to reflect the new Pretreatment Program. Updates to the SSMP include: 1. Expanding Section 7 of describe the District’s FOG program; 2. Developing a new Spill Emergency Response Plan to replace the Overflow Emergency Response Plan; and, 3. Other administrative modifications. The Regional Water Quality Control Board, which is providing the required permit for SNRC, has requested that the Pretreatment Program be in place and effective prior to the issuance of the required permits for SNRC operations. The time between obtaining these permits and the initiation of operations of SNRC for the treatment of sewage may be several months. During this time SBMWD will maintain responsibility for the Agenda Item #4c March 22, 20232 Meeting Date: March 22, 2023 Agenda Item #4c Discussion Item 7 2 6 Pretreatment Program until a mutually agreed upon “service date,” which reflects the date that all flow is transitioned to SNRC facilities. To limit confusion to customers regarding the various regulations that may be in place, the Sewer Ordinance 404, 2023 SSMP, and 2023 ERP specify that items related to the District’s Pretreatment Program will become applicable when SNRC is fully operational. Until that time, the existing SBMWD pretreatment program will be the active program. Staff has added trigger language to the various documents to reflect the timing complexity and overlap of the two programs. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources C. Strengthen Regional, State and National Partnerships IV - Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services B. Enhance Planning Efforts that Respond to Future Demands D. Enable Fact-Based Decision Making REVIEW BY OTHERS This agenda item has been reviewed by the Executive Management Team. FISCAL IMPACT This item has no direct costs associated with the adoption of the SSMP. Subsequent activities will be undertaken by the District to implement the Pretreatment Program, including staff time, contract services, administrative costs, and revenues for program fees. Future costs will be budgeted in future years budgets and presented to the Board for approval. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Rocky Welborn Water Reclamation Manager ATTACHMENTS Agenda Item #4c March 22, 20233 Meeting Date: March 22, 2023 Agenda Item #4c Discussion Item 7 2 6 2023 SSMP Draft 2023 SERP Draft EA S T V ALLEY W A TER DIS TRICT i SPILL EMERGENCY RESPONSE PLAN (SERP) Adopted March 22, 2023 Prepared by: East Valley Water District 31111 Greenspot Road Highland, CA 92356 ii L LEADERSHIP | PARTNERSHIP | STEWARDSHIP iii Contents Section 1 Introduction...................................................................................................1-1 1.1 Background and Purpose.........................................................................................1-1 1.2 SERP Scope.................................................................................................................1-2 1.3 SERP Objective...........................................................................................................1-2 1.4 Spill Emergency Response Plan Organization......................................................1-2 Section 2 System Description and Regulatory Environment................................2-1 2.1 Project Area and System Description.....................................................................2-1 2.2 System Hydraulics....................................................................................................2-3 2.3 Potential Sanitary Sewer Overflow Mechanisms .................................................2-3 2.3.1 Seismic Considerations .............................................................................2-3 2.4 Sanitary Sewer Management Plan Required Elements .......................................2-4 Section 3 Spill Emergency Response Plan ................................................................3-1 3.1 Overview of Spill Emergency Response Plan ......................................................3-1 3.2 East Valley Water District Spill Emergency Response Plan Organization ..........................................................................................................................3-1 3.3 Notification and Response Procedures..................................................................3-1 3.4 Impact Mitigation and Containment Procedures.................................................3-5 3.4.1 Response Crew Responsibilities..............................................................3-5 3.4.2 Cleanup .......................................................................................................3-6 3.4.3 Public Notification.....................................................................................3-6 3.4.4 Traffic and Crowd Control.......................................................................3-6 3.4.5 Monitoring..................................................................................................3-7 3.5 Emergency Operations.............................................................................................3-8 3.5.1 Bypass Pumping.........................................................................................3-8 3.5.2 Pump and Haul Initial Response.............................................................3-9 3.5.3 Additional Emergency Measures for Flow Reduction.........................3-9 3.6 Vendors, Suppliers, and Response Contractors....................................................3-9 Section 4 Sanitary Sewer Overflow Reporting.........................................................4-1 4.1 Overview of Online Reporting Procedures ..........................................................4-1 4.2 Sanitary Sewer Overflow Categories......................................................................4-1 4.3 Sanitary Sewer Overflow Reporting Timeframes ................................................4-2 4.4 Mandatory Information to be Included in Sanitary Sewer Overflow Reporting ...................................................................................................................4-3 4.4.1 SSO Volume................................................................................................4-9 Section 5 Record Keeping and Certification.............................................................5-1 5.1 Record Keeping .........................................................................................................5-1 5.2 Certification................................................................................................................5-2 iv Section 6 Training and Follow-up Plans ...................................................................6-1 6.1 Training.......................................................................................................................6-1 6.2 Follow-up Plans.........................................................................................................6-1 References ...................................................................................................................R-1 Glossary of Terms/Acronyms .........................................................................................G-1 List of Figures Figure 2-1 EVWD Service Area......................................................................................2-2 Figure 3-1 EVWD Spill Emergency Response Plan Command & Management Organization Chart...............................................................3-2 Figure 3-2 EVWD OERP Communications Protocol ..................................................3-3 Figure 3-3 SSO Response Procedure .............................................................................3-4 List of Tables Table 3-1 NIMS Resource: EVWD SSO Response/Repair Team............................3-10 Table 4-1 SSO Categories...............................................................................................4-1 Table 4-2 Reporting Timeframes for SSO Categories................................................4-2 Appendices Appendix A Emergency Contract List Appendix B Contractors and Suppliers Appendix C Sample Templates for SSO Volume Estimation Appendix D Sample Collection Guidelines (BACWA/CVCWA) 1-1 Section 1 Introduction 1.1 Background and Purpose In May 2006, the SWRCB adopted Order No. 2006-0003, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR). All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length and that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California are required to comply with the terms of this Order. The principal requirement of the WDR is for each system owner to develop and implement a system-specific Sewer System Management Plan (SSMP). One element of the SSMP requirements was an Overflow Emergency Response Plan (OERP). This OERP was intended to provide East Valley Water District (EVWD) with emergency response procedures should an overflow occur in the Sewer Collection System owned by EVWD. This is a living document, intended to be updated regularly if there is a need based on regulatory changes or modifications within the sewer line system. The OERP focused specifically on the sewer collection system. and intended to be a standalone document focused on emergency response protocol for sewer overflow events, it also served to supplement the EVWD ERP by providing additional key emergency response procedures pertaining directly to the Sewer Collection System. The OERP was also intended to meet the requirements of the National Incident Management System (NIMS) and the State Emergency Management System (SEMS). The NIMS provides a nationwide approach to incident management, integrating best management practices. The OREP also follows the State’s standardized emergency management system. EVWD is a member of the following groups: Emergency Response Network of the Inland Empire (ERNIE). This is a mutual aid group encompassed of 22 water agencies in San Bernardino and Riverside Counties. ERNIE also coordinates with San Bernardino and Riverside counties Office of Emergency Services CalWarn. Water and Wastewater agency response network. This is a mutual aid agreement for agencies in California NatWarn. Water and Wastewater agency response network in 44 states. On December 6, 2022 the State Water Resources Control Board adopted a new Sanitary Sewer System-WDR order replacing previous WDR orders. The new WDR requires that entities operating Sanitary Sewer Systems create new plan called the Spill Emergency Response Plan (SERP), which is meant to replace the Overflow Emergency Response Plan (OERP). Staff has developed this SERP to meet the requires describes in the new WDR. 1.2 SERP Scope The scope of the SERP includes the following major tasks: Section 1 Introduction 1-2 Collect sources of information currently available from EVWD. Conduct workshops and meetings with EVWD staff to develop OERP. Prepare an OERP that meets SSMP and SEMS/NIMS requirements. 1.3 SERP Objective The following sections will provide the emergency responder with specific information, tools, and procedures that may be used to: Meet the requirements of the WDR, including emergency response, notification, and staff training; Understand key sanitary sewer overflow (SSO) mechanisms; Understand the consequences associated with a sewer line SSO; Identify, assess, and mitigate a sewer line SSO emergency; Meet overflow reporting and record keeping requirements; and Consider requirements of SEMS/NIMS. 1.4 Spill Emergency Response Plan Organization This report consists of six sections and appendices. Each section is briefly described below: Section 1 – Provides the background and purpose of the project, project scope, plan objective, and the organization of the report. Section 2 – Provides a description of the project area and sanitary sewer system, describes system hydraulics, identifies potential SSO mechanisms, and identifies regulatory elements required by the WDR. Section 3 – Provides information on overflow emergency response procedures, including communication procedures, impact mitigation and containment procedures, emergency operations, and resources. Section 4 – Provides SSO reporting procedures. Section 5 – Provides requirements for record keeping and certification. Section 6 – Provides information on training and follow-up plans. 2-1 Section 2 System Description and Regulatory Environment 2.1 Project Area and System Description The District’ s existing wastewater collection system includes approximately 215 miles of gravity sewer pipelines, 4500 sewer manholes, 7 siphons and 5 flow diversion structures. The pipeline sizes range from 6 inches to 48 inches and many of the pipelines are composed of vitrified clay pipe but there is some HDPE, PVC and TRUSS pipe in the system. The District conveys wastewater flow to the East Trunk Sewer. The East Trunk Sewer ranges in size from 8 inches to 36 inches and conveys all wastewater flow from the City of San Bernardino and EVWD to the Del Rosa Interceptor which conveys collected flows to the Sterling Natural Resource Center (SNRC) for treatment. The service area is approximately 30 square miles and is bounded on the north by the San Bernardino National Forest; on the east by unincorporated San Bernardino County and the San Bernardino National Forest; on the south by the City of Redlands; and on the west by the City of San Bernardino. Figure 2-1 shows EVWD’s service area and sphere of influence. The existing sewer collection system serves all the City of Highland, portions of the City of San Bernardino and unincorporated areas of the County of San Bernardino. Much of the service area is residential but there are also many active commercial/retail, public facilities and industrial areas that contribute to the effluent. Key agency contacts of EVWD are City of San Bernardino, County of San Bernardino and the City of Highland. Because the Sewer Collection System is owned and operated by EVWD, the emergency protocol established in this SERP should be used. Section 2 System Description and Regulatory Environment 2-2 Figure 2-1 (EVWD Service Area) No r t h Section 2 System Description and Regulatory Environment 2-3 2.2 System Hydraulics As part of the 2019 Sewer System Master Plan, EVWD’s consultant modeled the sewer collection system using Innovyze’s InfoSewer software and the Districts GIS information. Measured flow monitoring data and current land use plan information were used in developing the hydraulic model. Wet weather storm events were monitored and the data was used to help calibrate the model and further develop and evaluate the capacity within the existing system. 2.3 Potential Sanitary Sewer Overflow Mechanisms An SSO is the release of wastewater from a sanitary sewer system. SSOs include discharges of wastewater, either to public or private property outside of the sanitary sewer system. SSOs are caused by blockages, vandalism, contractor error or unusual flow conditions in the sanitary sewer system, whether the release reaches the waters of the United States. Backups of privately owned laterals are not considered SSOs unless sewage flows onto public property, such as streets or storm drains. SSOs are also violations of the Federal Clean Water Act (CWA) if they contact waters of the United States, and therefore may be subject to federal enforcement actions. SSOs can impair the beneficial uses of surface waters, including aquatic life, drinking water supply, body contact and non-contact recreation, and aesthetics. Groundwater beneficial uses, such as drinking water and agricultural supply, can also be affected. SSOs are considered a nuisance if they meet the following requirements: Injurious to health, indecent or offensive to the senses, or obstructing the free use of property to interfere with the comfortable enjoyment of life or property; Affect an entire community, neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; Occur during, or because of, the treatment or disposal of sewage wastes. The primary sewer system SSO mechanism may be damage caused by contractors and equipment. Other mechanisms that cause SSOs include: root, grease and debris blockages; sewer line flood damage; seismic damage; manhole structure failure; vandalism; pump station failure or wastewater treatment plant mechanical failure; a power outage; excessive storm water or groundwater inflow and infiltration; insufficient capacity; increased loading conditions; and, operator error. Age of the system, construction materials, adequate and appropriate facilities, operations and maintenance, source control measures, geology, design, and population growth are all factors that can affect the likelihood of an SSO occurrence. 2.3.1Seismic Considerations Many known and unknown, potentially active faults are located within the general area of the EVWD Sewer Collection System. These faults have the capability to produce significant ground accelerations which may result in a break and/or failure, and may cause an SSO to occur within the Sewer Collection System. Section 2 System Description and Regulatory Environment 2-4 2.4 Sanitary Sewer Management Plan Required Elements The WDR states that “an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions.” This SERP is intended to identify the required measures to protect public health and the environment. This SERP meets the intent of the WDR by including procedures the following items: Notify primary responders, appropriate local Officials, and appropriate regulatory agencies of a spill in a timely manner; Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State; Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained; Address emergency system operations, traffic control and other necessary response activities; Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system; Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State; Remove sewage from the drainage conveyance system; Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery; Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; Conduct post-spill assessments of spill response activities; Document and report spill events as required in this General Order; and Annually, review and assess effectiveness of the Spill Emergency Response Plan, and/or update the Plan as needed. Section 3 Spill Emergency Response Plan 3-1 Section 3 Spill Emergency Response Plan 3.1 Overview of Spill Emergency Response Plan The Sewer Collection System SERP is intended to identify what constitutes an SSO and to define emergency procedures for responding to an overflow event. The SERP must include an organization chart with specific contact information, notification and communication plans, impact mitigation and containment procedures, emergency operations, and vendor, supplier, and response contractor lists, as described in the following sections. 3.2 East Valley Water District Spill Emergency Response Plan Organization Figure 3-1 provides key EVWD SERP responsibilities within the District. Key contact names and telephone numbers are provided in Section 4. The SEMS/NIMS Incident Command System organizes response in terms of a command element and subsequent section elements such as operations and finance. Within each section element is a designated section chief responsible for organizing and assuring the execution of the appropriate response within each section element’s area of expertise. 3.3 Notification and Response Procedures EVWD has developed specific procedures for responding to SSOs, whether the report comes from their own field staff, or from a customer. It is important to note that EVWD only owns, operates and maintains the sewer collection system main lines; they do not own or maintain the service laterals. All customer calls come into Customer Services or Engineering, or are handled by an after-hours service. Figure 3-2 contains EVWD’s Spill Emergency Response Plan Communication Protocol. In summary, incoming SSO calls are logged in and all paperwork is routed to the Customer Service Supervisor (CSS), who ensure that the order has been called out and that the field crew has been dispatched. The CSS then forwards all forms to the Engineering Department, and/or the Project Manager. The Engineering Department will track all progress and make necessary phone calls to any City, County or State Agency as needed. Once Engineering receives the field crew’s written report on what was observed and how they responded, Engineering logs all information into EVWD’s internal SSO tracking database. The event is reported to the General Manager and the Director of Administrative Services. If required, The Engineering Department will report the SSO to the California Integrated Water Quality System (CIWQS) database system within three working days of receiving the confirmation of a sewer overflow. The Field Supervisor will ensure that the SSO is certified and completed within the allowable timeframe. He will create the monthly reports and upload to the CIWQS website. In his absence, the Chief Financial Officer may complete the certification. Section 3 Spill Emergency Response Plan 3-2 Figure 3-1 – SERP Command & Management Organization Chart Section 3 Spill Emergency Response Plan 3-3 Figure 3-2 – SERP Communications Protocol Figure 3-3 provides the SSO Response Procedure and defines the necessary actions and procedures once a spill occurs. When spills are reported, a response crew must be dispatched to verify and contain the spill. Once the spill has been contained, responsible parties are notified of the occurrence and an incident report or online field report must be prepared. Documentation of the SSO and the contaminated area should include photographs, measurements, and sampling if appropriate. Mitigation may include bypass pumping, repairs, clean up and disinfection, and post-event monitoring. Section 3 Spill Emergency Response Plan 3-4 Figure 3-3 – SSO Response Procedure SERP Section 3 Spill Emergency Response Plan 3-5 3.4 Impact Mitigation and Containment Procedures When an SSO occurs, all feasible steps must be taken to prevent impacts including controlling or limiting the volume of untreated or partially treated wastewater discharged, terminating the discharge, and recovering and properly disposing of as much of the SSO volume as is possible, including any wash down water that is used. In the event of a failure in a segment of the Sewer Collection System, EVWD operations staff will be required to stop or mitigate flow while the pipeline is being repaired or implement a temporary bypass. Bypass pumping would be required for the remaining flow from domestic areas that cannot be shut off. Should an SSO occur in which untreated or partially treated wastewater enters the storm drain system, all feasible steps must be taken to prevent wastewater from discharging to flood control channels and waters of the State, by blocking the storm drainage system and removing the wastewater from the storm drains. Mitigation and containment activities may include: Interception and rerouting of untreated or partially treated wastewater flows around the failure that produced the SSO; Vacuum truck recovery of SSO and wash down water; Cleanup of debris at the overflow site; System modifications to prevent future SSOs in the same location; Sufficient sampling to determine the nature and impact of the discharge; and Public notification to minimize public exposure to the SSO. 3.4.1 Response Crew Responsibilities In case of a sewer overflow report, an EVWD response crew is dispatched to assess the spill and determine appropriate response, which may include conducting mitigation and containment activities. The first personnel who arrive have the responsibility of protecting public health and safety to the maximum extent possible. If it is determined that the overflow is not EVWD’s responsibility, however there is imminent danger to public health, public or private property, or the quality of waters of the State, then emergency action should be taken by EVWD’s crew until the responsible party assumes the responsibility. The response crew should take the following actions upon arrival at an overflow location: Determine the cause of the overflow; Take immediate action to stop the overflow. If an overflow on private property threatens public health, measures will be taken to protect public health; Identify and request any needed assistance or resources to determine the overflow cause and prevent further discharge; Estimate volume of the SSO to the nearest 1,000 gallons; Section 3 Spill Emergency Response Plan 3-6 Determine if private property or waters of the State are affected; and Request additional personnel, materials, supplies, or equipment that will expedite and minimize the impact of the overflow. 3.4.2Cleanup Sewer overflow sites must be thoroughly cleaned after an overflow event such that no identifiable residue remains, such as sewage solids, rags, and other debris. Solids and debris must be collected for proper disposal. To properly clean up an SSO and mitigate potential effects, several actions may be taken, including but not limited to: Application of absorbent material; Excavation and disposal of affected soil and used absorbent; Flushing of the overflow site with clean (generally potable) water; Application, containment and recovery of any chlorinated wash-down water; and Return of all wash-down water to the sewer. Disinfection may be required in instances where a ponded area of sewage cannot be pumped dry or sewage has mixed with additional standing water. Disinfectants may include bleach or high-test hypochlorite (HTH). A dosing of 10 to 12 ounces of HTH per 100 square feet of pond surface is generally appropriate for relatively shallow ponds. Deeper ponds may require higher dosages, which must be determined by EVWD staff, the local health department, or the local water quality authority. Chlorine products are not acceptable for use in a body of water containing fish or other aquatic life, unless the local wildlife management authority has specifically instructed otherwise. In cases where complete recovery of sewage is not practical and severe oxygen depletion is expected in existing surface waters, the use of portable aerators may be required. 3.4.3Public Notification In the event of a sewer overflow, EVWD’s responsible parties will assess the situation and will determine the need to post notices of polluted surface water bodies or ground surfaces to protect public health. Notices may only warn of potential public health risks due to sewage contamination, but do not necessarily prohibit the use of the affected land or water for recreation, unless otherwise stated. The postings must be displayed for five days. Public notification may include signs, hangers on the front doors of potentially affected residences and businesses, or pre-scripted news releases to the printed or electronic news media for immediate publication or airing on local radio and/or television stations as appropriate. 3.4.4Traffic and Crowd Control Traffic and crowd control measures vary based on the size and potential impact of the overflow event as stated in the SSMP regulations. When appropriate, local police, fire department, and City contacts should be notified to aide in addressing traffic and crowd control issues. These contacts are available for the Sewer Collection System in Appendix B. The spill amounts, as Section 3 Spill Emergency Response Plan 3-7 defined in the SSMP regulations (see also section 4.4 and Appendix C, and traffic controls) to be employed by EVWD are: Small Spill (Less than 1,000 gallons) - Setup traffic cones to direct traffic from spill area - Use staff personnel to control traffic and pedestrians Medium Spill (Greater than or equal to 1,000 gallons and less than 10,000 gallons) - Perform lane closures as needed. - Close any affected entrances or exits from all public and private facilities. - Place proper signage for any lane closures including contaminated area signs. - Inform local law enforcement and/or fire department of lane/road closures and traffic control. - Use caution tape and barricades to protect pedestrians from contaminated areas. Large Spill (Greater than or equal to 10,000 gallons) - Inform local police and sheriff’s department of any law enforcement needed for road closures and traffic control. - Inform local fire department of lane and road closures. - Use signage to inform public of potential hazards to public health and safety. - Block public access to hazards using barricades, cones and caution tape. 3.4.5Monitoring In the event of a sewer overflow reaching receiving waters, Standard Operating Procedures (SOPs) should be used for the testing of receiving waters to assess the qualitative and quantitative extent (pollutant load) of the discharge, determine the effectiveness of the containment and cleanup, and assess when the discharge of pollutants no longer poses a health or water quality concern. Water quality testing will be performed by EVWD contracting a State approved laboratory, who will conduct the sampling and analysis and will develop a report. Water quality analyses should be performed by approved methods at the lowest detection limit that may be achieved based on the water sample and potential matrix interferences. This may require some samples near the point of release to be analyzed by wastewater methods that have higher detection limits and are capable of processing “dirty” matrices. Samples should be representative of the affected area and should be collected at or near the point of discharge from the sewer line and locations downstream. The frequency of monitoring should ensure capture of appropriate flow and water quality conditions, and should continue until ambient (pre-spill) conditions are restored in the river and downstream recharge basins, if they were impacted by the SSO event. A general description of the monitoring procedures for SSO impacted receiving waters includes the following activities: Section 3 Spill Emergency Response Plan 3-8 Sample receiving waters upstream of the SSO discharge point using drinking water analysis methods to provide a snapshot of ambient (pre-spill) conditions; Sample receiving waters immediately downstream of the SSO discharge point using wastewater analysis methods; Continue sampling downstream of the SSO discharge point at periodic locations using wastewater and/or drinking water analysis methods to verify the extent of the SSO plume within the receiving waters (frequency and distance between sampling locations will vary with the size of the SSO); and Continue sampling receiving waters using wastewater analysis methods at periodic time intervals until ambient (pre-spill) conditions have been restored (intervals for sampling locations will vary with the size of the SSO and the extent of the cleanup efforts). Appendix D shows a list of parameters to be analyzed and a sampling location diagram. The information is from “Best Management Practices for Sanitary Sewer Overflow (SSO) Reduction Strategies” developed by the Central Valley Clean Water Association (CVCWA) and the Bay Area Clean Water Agencies (BACWA) in late 2009. 3.5 Emergency Operations 3.5.1 Bypass Pumping Manhole-to-manhole bypass pumping is the anticipated method of emergency response for routing Sewer Collection flows around failed segments of the sewer line. If the manholes within the subject sewer lines are accessible in the event of a failure, these bypass pumping systems would be capable of routing effluent through an alternate conduit from manhole(s) upstream of the failure to manhole(s) downstream of the failure, thereby isolating the problematic section of the sewer line. Several items must be considered when planning for bypass pumping operations including: Peak and average flow rates that will require pumping after flow minimization efforts have occurred; Pump site access at both the suction and discharge points; Pipeline alignment, including traffic control and crossings of either roadways or driveways; Availability of equipment; Time required to install equipment; and Coordination with local jurisdictions. To the maximum extent possible, pre-event coordination with local jurisdictions should occur using the District’s Mutual Aid Agreements, such as CalWarn and ERNIE, and coordination with Caltrans and potentially affected Cities. 3.5.2Pump and Haul Initial Response As described in Section 2.1, the nature of the Sewer Collection flows requires strategic SSO emergency response procedures for EVWD. Liquid and debris recovered by vacuum truck from Section 3 Spill Emergency Response Plan 3-9 a Sewer Collection System SSO may be discharged for disposal into any of the surrounding domestic sanitary sewer systems. Typical pump and haul initial response activities for a Sewer Collections System SSO would include: Response crews and vacuum truck equipment arrive at the SSO site; Vacuum truck recovery of SSO and wash down water; Haul recovered SSO liquid, debris and wash down water into the collection system; Address traffic control and access to discharge point along the sewer lines; Connect vacuum truck to designated manholes; and Discharge recovered SSO liquid, debris and wash down water into the collection system. 3.5.3Additional Emergency Measures for Flow Reduction Under scenarios of multiple, complex, or difficult-to-access SSO causing failures, significant time may pass before permanent repairs may be fully executed. During this time, additional temporary bypass pumping systems would need to be implemented by EVWD, as would other contingency plans to minimize sewer pipeline flows and further damage and SSOs. These additional plans may include limitations on upstream discharges, a limitation on new discharge permits or increased discharge flows for an existing permit, and/or a temporary halt to the construction of new connection laterals to the Sewer Collection System. 3.6 Vendors, Suppliers, and Response Contractors Whenever possible, EVWD resources will be utilized to respond to an overflow emergency. However, there may be times when resources are insufficient and the District will seek external help from their mutual aid agreements such as CalWarn and Ernie, or vendors, suppliers, and response contractors may be used. To the extent possible, EVWD should consider vendors, suppliers, and response contractors that have been fully trained in SSO response procedures and protocol. During smaller or less critical SSO causing emergencies, EVWD may choose to function as the general emergency response contractor and provide the required on-site labor and equipment. During larger or more complex emergency situations and/or in the event of reduced pump and pipe inventories at contractor yards, multiple bypass pumping (and other) contractors may need to coordinate their efforts and share equipment and supplies. Appendix B provides a list of local vendors, suppliers, and response contractors that may be called upon during an SSO emergency in the Sewer Collection System. It is anticipated that a bypass pumping contractor will be able to mobilize to the site with the necessary pumps and associated piping as soon as possible following a confirmed failure that is causing an SSO. In this scenario, the contractor would function as the general emergency response contractor with oversight from EVWD. The vendors and suppliers identified in Appendix B have been organized to fit the SEMS/NIMS resource typing system, which uses definitions of category, kind, components, metrics, and type to organize resources that may be called upon in the event of an emergency. Table 3-1 provides Section 3 Spill Emergency Response Plan 3-10 the breakdown of EVWD vendors, suppliers, and response contractors in the SEMS/NIMS format. Table 3-1 NIMS Resource: EVWD SSO Response/Repair Team Category: Operations and Engineering: Emergency repair of water and wastewater treatment facilities Kind:Team - SSO Response Component Metrics Type External Support Team Bypass Pump Contractors External Support Team Pipe Subcontractors External Support Team Miscellaneous Subcontractors Waste Disposal; Chlorination and Disinfection; Cleaning and Chemical Cleaning; Blasting; Railroad Construction; Pest & Termite Control; Environmental Mitigation / Abatement Contractors Rental Equipment Temporary Facility Rental Pipeline; Hot Taps and Stopples; Piping / Mechanical; Fire Protection Systems; Plumbing; Pipe and Equipment Cleaning; Fiberglass Installation; Pipe Lining Systems Rental Equipment Construction Equipment Rental Materials Piping Material Suppliers Section 4 Sanitary Sewer Overflow Reporting 4-1 Section 4 Sanitary Sewer Overflow Reporting 4.1 Overview of Online Reporting Procedures The online spill reporting system is hosted, controlled and maintained by the State Water Board at http://ciwqs.waterboards.ca.gov. This online database is part of a secure site that is accessed by unique usernames and passwords which are obtained by registering for an SSO Database account through the California Integrated Water Quality System (CIWQS). In addition to enrolling for an account, a “Collection System Questionnaire” must be completed and updated at least once every 12 months. Online SSO database users under the Santa Ana Regional Water Quality Control Board (Region 8) received CIWQS User Identification (ID) numbers and passwords by December 1, 2006. The WDR requires Region 8 users to begin reporting all SSOs on January 2, 2007 (State Water Resources Control Board, September 2006). 4.2 Sanitary Sewer Overflow Categories The Monitoring and Reporting Program (MRP) breaks down SSOs into four categories, described in Table 4-1. For any Category 1 SSO greater than or equal to 1,000 gallons that results in a discharge to a surface water, or spilled in a location where it probably will be discharged to surface water, must be reported to the California Office of Emergency Services (Cal OES) as soon as possible but no later than 2 hours after (A) knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures. Table 4-1 SSO Categories Category Description 1 Any volume of untreated or partially treated wastewater discharge and Reaches surface water and/or drainage channel tributary to a surface water; or Reaches a Municipal Separate Storm Sewer System and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. 2 Discharges of untreated or partially treated wastewater of 1,000 gallons or more resulting from a sanitary sewer system failure or flow condition that does not reach surface water or drainage channel or unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly. 3 All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition. Section 4 Sanitary Sewer Overflow Reporting 3-2 Private Lateral Sewage discharges that are caused by blockages or other problems within a privately owned lateral. 4.3 Sanitary Sewer Overflow Reporting Timeframes Reporting timeframes for each category or occurrence of SSO are summarized in Table 4-2. Table 4-2 Reporting Timeframes for SSO Categories SSO Category Reporting Requirements Category 1 and Category 2 Draft Report shall be submitted to the CIWQS Online SSO Database within 3 business days of becoming aware of SSO. Final Certified Report Shall be certified through the CIWQS Online SSO Database within 15 calendar days of the end date of the SSO. Category 3 Shall be reported to the CIWQS Online SSO Database and certified within 30 Calendar days after the end of the calendar month in which the SSO occurs. Private Lateral SSO occurrence reported at utility’s discretion, unless overflow reaches the public right-of-way. None 30 calendar days after the end of each calendar month, or quarterly within 30 calendar days after the end of each quarter. If there are no SSO’s during calendar month but a PLSD was reported a “No Spill” certification statement should still be filed. Category 1 SSOs must be reported as soon as: EVWD has knowledge of the discharge; Reporting is possible; and Reporting can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of a Category 1 SSO must be conducted through the Online SSO System as soon as possible but no later than three business days after EVWD has become aware of the SSO. A final certified report must be completed through the Online SSO System within 15 calendar days of the conclusion of SSO response and remediation. Additional information may be added to the certified report, in the form of an attachment, at any time. These reporting requirements do not preclude other emergency notification requirements and timeframes mandated by other regulatory agencies (local County Health Officers, local Director of Environmental Health, Regional Water Boards, or the State’s Emergency Management Agency or State law. Section 4 Sanitary Sewer Overflow Reporting 3-3 Category 2 SSOs must be reported within 30 days after the end of the calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of January must be entered in the database by March 1st). Private Lateral Sewage Discharges may be reported to the Online SSO Database based upon EVWD’s discretion. If a Private Lateral Sewage Discharge is entered into the database, EVWD must identify the sewage discharge as occurring and caused by a private lateral, and a responsible party (other than EVWD), if known, should be identified. If no SSOs occur during the calendar month, EVWD must provide, within 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SSOs for the designated month. If the SSO Online Database becomes unavailable, all required information must be faxed to the Regional Water Board office in accordance with the mandated time schedules. All required information must be entered into the Online SSO Database as soon as practical once it becomes available. 4.4 Mandatory Information to be Included in Sanitary Sewer Overflow Reporting The WDR requires that specific information be reported through the online database. All information required to be provided, for all categories of SSOs that are reported, is included in EVWD’s standard Sewer Stoppage/Overflow Report and Sewer Response Procedures. These documents are presented in the following pages. Section 4 Sanitary Sewer Overflow Reporting 3-4 Section 4 Sanitary Sewer Overflow Reporting 3-5 Section 4 Sanitary Sewer Overflow Reporting 3-6 Section 4 Sanitary Sewer Overflow Reporting 3-7 Sewer Response Procedures When a sewer call is received by Customer Service, the sewer call is logged into the customer’s account and the customer service representative fills out the “for office use” section of the Districts Sewer Response Form. The sewer crew is then notified to respond to the incident, and the form is sent to the Customer Service for review to ensure the form has been completely filled out with the customer’s information and that the field crew has been notified. Customer Service then initials the form and forwards it to the Engineering Department and/or Operations Department. Section 4 Sanitary Sewer Overflow Reporting 3-8 1. Field personnel responding to the call will indicate what type of work was done on the form. If the call is a stoppage, only the “stoppage” section of the form is filled out. If the call is a sewer overflow, only the “overflow” section of the form is filled out. When the work is completed the form is forwarded to Engineering or Operations for processing. Sewer Response Procedures for Upper Management 2. If appropriate, Engineering or Operations staff will report the “sewage overflow” to the State Water Resources Control Board by logging into the California Integrated Water Quality System (CIWQS), web-based reporting program, within three (3) working days of receiving the confirmation of a “sewer overflow” report or within twelve (12) hours of the sewage reaching a water way. 3. Engineering or Operations staff must log into the CIQWS reporting site within fifteen (15) working days to certify the report to the State. Sewer overflows that reach a State waterway, such as a creek bed, or concrete channel, (such as a flood control channel) must be reported to the California Water Resources Board, State OES, San Bernardino County Flood Control, and San Bernardino County Public Health Officer, by telephone within two (2) hours of the District’s knowledge of sewage reaching a waterway. An overflow report must be reported to the CIWQS within twelve (12) hours. Engineering or Operations staff must certify the report within twenty-four (24) hours of the District’s knowledge of the overflow. 4. All sewer stoppage/overflow form/reports will be given to Engineering and/or Operations for scanning into the sewer file. All hard copies will be filed in Engineering. Section 4 Sanitary Sewer Overflow Reporting 3-9 4.4.1 SSO Volume In order to complete the online reporting forms, it is necessary to calculate the volume of sewage that has been discharged outside of the sanitary sewer system. There are several methods for calculating the number of gallons discharged during a sanitary sewer overflow event and the appropriate method is dependent upon the circumstances surrounding the specific SSO; some are mentioned below. If the sewage has discharged to a rectangular ponded area, the volume of the discharge may be calculated as: If the ponded area is circular, a factor of 0.7 is multiplied by the above result to account for the proportional difference between a rectangle and circle having the same side and diameter length. If an overflow has discharged to the storm drain system, the volume must be calculated by using an estimate of the sewage that was flowing in the sanitary sewer system, based on the number of service connections multiplied by the duration of the overflow. In a traditional sanitary sewer system, a rough estimate of 200 gallons is contributed per household lateral every 24 hours. If the SSO is still occurring when the response crew arrives it may be possible to estimate the volume of sewage that has been released, based on the flow multiplied by the duration of the overflow, using the orifice equation to determine flow: Where, Q = flow of fluid from a hole, ft3/s C = coefficient of discharge a = area of the hole, ft g = gravity (32.2 ft/s) h = height of the fluid above the cover, ft C = Cv * Cc, typically between 0.608 and 0.639 Cv = coefficient of velocity, ranging from 0.954 for ¾” orifice to 0.991 for 2½” orifice Cc = coefficient of velocity, ranging from 0.67 for ¾” orifice to 0.614 for 2½” orifice See also Appendix C for additional volume estimation templates and information. 348.7*)(*)(*)(ft gallonsftDepthftWidthftLengthVolume ghCaQ2 Section 5 Record Keeping and Certification 5-1 Section 5 Record Keeping and Certification 5.1 Record Keeping Existing EVWD procedures for records filing and retention shall be followed unless otherwise mandated by the WDR. The WDR mandates that individual SSO records shall be maintained by EVWD for a minimum of five years from the date of the SSO. This period may be extended when requested by a Regional Water Board Executive Officer. All records must be made available for review upon State or Regional Water Board staff’s request. The records of SSOs that must be retained include, but are not limited to: Record of Certified report, as submitted to the online SSO database; Service call records and complaint logs of calls received by EVWD; SSO calls; SSO records; Steps that have been and will be taken to prevent the SSO from recurring and a schedule to implement those steps; Work orders, work completed, and any other maintenance records from the previous 5 years which are associated with responses and investigations of system problems related to SSOs; A list and description of complaints from customers or others from the previous 5 years; and Documentation of performance and implementation measures for the previous 5 years. If water quality samples are required by an environmental or health regulatory agency or State law, or if voluntary monitoring is conducted by EVWD or its agent(s), as a result of any SSO, records of monitoring information shall include: The date, exact place, and time of sampling or measurements; The individual(s) who performed the sampling or measurements; The date(s) analyses were performed; The individual(s) who performed the analyses; The analytical technique or method used; and The results of such analyses. All monitoring instruments and devices that are used to fulfill the prescribed monitoring and reporting program must be properly maintained and calibrated by the appropriate laboratory as necessary to ensure their continued accuracy. Section 5 Record Keeping and Cerification 5-2 5.2 Certification All final reports must be certified by an authorized person as required by Provision J of the WDR. Authorized persons for EVWD is the General Manager/Chief Executive Officer Director of Engineering & Operations, Operations Manager, and Chief Financial Officer. For the purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement. Section =6 Training and Follow up Plans 6-1 Section 6 Training and Follow-up Plans 6.1 Training EVWD staff and contractors should be aware of and properly trained to implement the provisions and procedures of the SERP. Staff must fully understand the response protocol for SSO events and should be notified of any changes to the SERP, particularly annual updates that may be made to the report. If major response protocols are revised, staff should be retrained to assure full understanding of SSO emergency response protocol. Lack of training can lead to a slower and less effective response during an emergency event. The State Water Board has signed a memorandum of agreement (MOA) with the California Water Environment Association (CWEA) to develop a training course in response to the requirements of the WDR. The course is intended to educate participants about the terms of the WDR and use of the online SSO database, as well as development of an SSMP. Training is conducted using a team format where participants will work through case studies and enter data into a database simulation via laptops. Current EVWD response staff completes training annually. The Human Resources department is responsible for ensuring all training is conducted. In addition, field training should occur to prepare response crews for conditions that will be encountered during an overflow emergency event. Field training activities should include a mock clean-up and other exercises of procedures that the response crews may need to perform. 6.2 Follow-up Plans Specific field conditions and emergency response personnel and/or procedures may change over time. As such, this SERP must be treated as a living document and be updated on an annual basis. At a minimum, phone numbers and forms must be updated, and a review of the procedures must be conducted. Plan performance should also be checked on an annual basis. Pre-event planning involves reviewing and updating the contractors and suppliers list, equipment requirements, and the notification and communications protocol described in this document. References American Public Works Association. “Preparing Sewer Overflow Response Plans: A Guidebook for Local Governments.” January 1999. California Water Environment Association (CWEA). “Sanitary Sewer Overflows – Waste Discharge Requirements Training.” Accessed: September 27, 2006. Available at: http://www.cwea.org/et_ssowdr.shtml CDM. “East Valley Water District (EVWD) Emergency Response Plan.” October, 2006. Central Valley Clean Water Association and Bay Area Clean Water Agencies. “Best Management Practices for Sanitary Sewer Overflow (SSO) Reduction Strategies”, December 2009. Available at: https://www.waterboards.ca.gov/water_issues/programs/sso/docs/bmp/3bmp.pdf Federal Emergency Management Agency. “NIMS Basic: Resource Typing System.” March 24, 2006. Federal Emergency Management Agency. “NIMS Basic: Incident Command System.” March 27, 2006. Inland Empire Utilities Agency. “Sanitary Sewer Overflow Unified Response Guidance Plan.” July 2003. Psomas. “East Valley Water District Wastewater Collection System Master Plan.” 2002. State Water Resources Control Board. “Monitoring and Reporting Program No. 2006-0003- DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.” May 2, 2006. State Water Resources Control Board. “Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.” May 2, 2006. State Water Resources Control Board. “Sanitary Sewer Overflow Program.” Accessed: September 2006. Available at: http://www.swrcb.ca.gov/sso/index.html Western Municipal Water District. “Emergency Response and Recovery Plan.” January 2005. Glossary of Terms/Acronyms CIWQS - California Integrated Water Quality System CMLC - Cement Mortar Lined and Coated CRC - California Rehabilitation Center CWA – Federal Clean Water Act CWEA - California Water Environment Association DHS – Department of Health Services DWP – Department of Water and Power ERP - Emergency Response Plan GPS – Global Positioning System HDPE - High Density Polyethylene Pipe HTH - High-Test Hypochlorite ID - CIWQS User Identification MOA - Memorandum of Agreement MRP - Monitoring and Reporting Program NIMS - National Incident Management System NPDES – National Pollutant Discharge Elimination SystemOES - Office of Emergency Services POTW – Publicly-Owned Treatment Works PVC - Polyvinyl Chloride RCP - Reinforced Concrete Pipe RCPP - Reinforced Concrete Pressure Pipe RWQCB – Regional Water Quality Control Board SERP – Spill Emergency Response Plan SNRC – Sterling Natural Resource Center SOP – Standard Operating Procedure SSMP - Sewer System Management Plan SSO - Sanitary Sewer Overflow SWRCB – State Water Resources Control Board TDS - Total Dissolved Solids USACE - U.S. Army Corps of Engineers USEPA - United States Environmental Protection Agency VCP - Vitrified Clay Pipe WDR - Statewide General Waste Discharge Requirements for Sanitary Sewer Systems WWTP - Wastewater Treatment Plant Appendix A Emergency Contact List REGULATORY AGENCIES San Bernardino County Public Health, Environmental Health Services 24 hour # ....................................................................800-442-2283 Office of Fire Marshal, CUPA Hazmat Permits.........909-386-8401 State Water Resources Control Board Division of Drinking Water – District 13 San Bernardino .909-383- 4328/356-3805 Regional Water Quality Control Board (Region 8 Santa Ana).951- 782-4130 Sanitary District Engineer...........................909-383-4328/388-2602 24 hour #.............................................909-356-3805/916-845-8911 Department of Water Resources (DWR) ..................916-653-5791 San Bernardino County Flood Control Division .....909-387-8063 South Coast Air Quality Management District ........909-396-2000 LEPC Chair – Cody Gallagher ..................................916-658-3280 CA Department of Fish and Wildlife Oil Spill Hotline .800-852- 7550 Non-Emergency..........................................................916-375-8580 EMERGENCY Fire Department....................................................................911 Police Department................................................................911 EVWD 24 hour contact.........................................909-889-9501 EVWD Fax............................................................909-383-4328 LOCAL NON-EMERGENCY San Bernardino County Fire Dept. (Main) .........909-356-3998 Emergency Services Manager.............................909-356-3943 After Hours Contact/Standby................................909-356-3805 San Bernardino County Sheriff’s Dept. Highland Station 909-425-9793 San Bernardino Sheriff Dept. 24 hour................909-387-8313 San Bernardino Sheriff Dept. Central Station.......909-387-3545 San Bernardino Highway Patrol...........................909-383-4811 City of San Bernardino ........................................909-384-7272 Police Department Dispatch Non-Emergency Line .909-383- 5311 Office of Emergency Services (Rialto) Duty Officer . 909-356- 3911 Office of Emergency Services (Hesperia) 24hr Main Line.760- 995-8285 City of Highland (CalFire)....................................909-864-6861 Fire Department Emergency Command Center/Dispatch 909- 881-6916 CDF Station 541 – 26974 Base Line..................909-862-3031 CDF Station 542 – 29507 Base Line..................909-862-1760 CDF Station 543 – 7649 Sterling Ave ................909-884-4100 San Manuel Tribe Main Line................................909-864-8933 San Manuel Tribe Fire Department......................909-864-6928 San Manuel Tribe Public Safety Office (Main Line transfer) ...............................................................................909-864-8933 STATE AGENCY CONTACTS California Office of Emergency Services Warning Center...................................800-852-7550/916-845-8911 Regional .....................................................................562-795-2908 State Governor’s OES................................................562-795-2941 California Conservation Corps..................................909-862-3600 California Highway Patrol..........................................909-806-2400 Cal OSHA 24 hours #..................................................909-383-4321 California Department of Transportation (Caltrans District 8) ......................................................................................909-383-4561 State Division of Safety of Dams ..............................916-227-4667 Area 8 Engineer..........................................................916-227-4602 Area 8 Engineer 24 hours #........................................916-481-4914 MUTUAL AID ERNIE STEERING COMMITTEE CONTACTS Jurupa Community Services District – Dave Smith 951-685-7434 ext. 124 Riverside Public Works – Jason Jolley...................951-351-6187 Monte Vista Water Company – Jonathan Dizon ....909-624-0035 West Valley Water District – Joe Schaack.............909-875-1804 Rancho California Water District – Tom Marcoux..951-296-6948 State Water Resources Control Board – Eric Zuniga.909-383- 4327 CALWARN – REGION 6 Chair – Gary Sturdivan...........................................909-658-5974 Vice-Chair – Dave Smith..........................951-685-7434 ext. 124 FEDERAL AGENCY CONTACTS Environmental Protection Agency (USEPA) ...........866-372-9378 National Spill Response Center................................800-424-8802 Federal Bureau of Investigations (FBI).....................310-477-6565 Los Angeles FBI Division, WMD Coordinator, Water Security POC ......................................................................................310-996-4057 National Weather Service (San Diego) ....................858-675-8700 U.S. Center for Disease Control and Prevention (CDC) Emergency Response Hotline 24 hour #....................800-232-4636 Public Information on WMD........................................888-246-2675 U.S. Agency for Toxic Substances and Disease Registry Emergency .................................................................404-498-0110 Alternative number .....................................................888-422-8737 REGIONAL CONTACTS California Utilities Emergency Association – CUEA.916-745- 8518 Bear Valley Mutual Water Company......................909-793-4901 San Bernardino Valley Municipal Water District 909-889- 9234/909-387-9222 City of San Bernardino Municipal Water Department.909-384- 5141 City of Redlands MUED .....................................909-798-7698 Santa Ana Regional Water Quality Control Board .951-782-4130 HOSPITALS Kaiser Permanente Medical Center (Fontana) ............833-574-2273 Loma Linda University Medical Center (Loma Linda) ..909-558-4000 Redlands Community Hospital (Redlands)...................909-335-5500 St. Bernadine’s Hospital (San Bernardino)...................909-883-8711 Arrowhead Regional Medical Center (Colton)..............909-580-1000 San Bernardino Community Hospital (San Bernardino).909-887- 6333 Jerry L. Pettis Memorial Veteran’s Medical Center (Loma Linda) ......................................................................................909-825-7084 Patton State Hospital (Highland)...............................909-425-7000 Hospital Administrator ................................................909-425-7202 Acting Fire Chief.........................................................909-425-7596 Executive Director ......................................................909-425-7322 Inland Valley Development Agency – IVDA...........909-382-4100 Riverside-Highland Water Company......................909-825-4128 San Bernardino Valley Water Conservation District.909-793- 2503 Metropolitan Water District of Southern California.213-217-6000 West Valley Water District......................................909-875-1804 Western Heights Water Company..........................909-790-1901 Western Municipal Water District of Riverside County.951-789- 5050/5100 Yucaipa Valley Water District.................................909-797-5117 UTILITIES Southern California Edison ..........................................714-788-0301 Southern California Gas (Emergencies/Safety Issues) .800-427- 2200 Southern California Gas (Commercial) ........................800-427-2000 811/DigAlert/Underground Service Alert (USA)............800-422-4133 Appendix B Contractors and Suppliers Contractors Company Emergency Contact Phone # Merlin Johnson Construction PO Box 777 Mentone, CA 92359 Daytime Number Merlin Johnson 909-794-7702 909-322-6061 cell Babcock Laboratories 6100 Quail Valley Court Riverside, CA 92507-0704 Daytime Number 951-653-3351 Swains Electric Laboratories 400 E. Devonshire Hemet, CA 92543 Daytime Number 951-929-3411 ATSI (Digital Controls Systems) 43176 Business Park Dr. #108 Temecula Daytime Number 760-402-5610 Big Sky Electric, Inc. 601 S. Milliken Ave., Suite R Ontario, CA 91761 Daytime Number John Phillips 909-390-7215 909-952-6945 cell Legend Pump & Well Services Inc. 1324 Rialto Avenue San Bernardino, CA 92410 Daytime Number Keith Collier 909-384-1000 951-830-1355 cell (24hr) Clinical Lab of San Bernardino 21881 Barton Road Grand Terrace, CA 92313 Daytime Number Bob Glaubig 909-825-7693 Chem Tech Fullerton, CA Daytime Number Rocky Zoeter 714-524-8222/921- 9700 714-350-5981 Sulzer Electro-Mechanical Services Inc. 620 South Rancho Ave Colton, CA Daytime Number 909-825-7971 Rain for Rent 6400 Fischer Riverside, CA 92507 Daytime Number Emergency Number 951-653-2171 951-653-2171 Suppliers Company Contact Phone # Inland Water Works PO Box 2246 San Bernardino, CA 92406 Daytime Number Greg Spears Jeff Spears 909-883-8941 909-322-0208 cell 909-335-7062 home 909-322-0210 cell 909-864-0288 home Trench Shoring 636 East Rosecrans Avenue Daytime Number Emergency Number 310-327-5554 1-800-423-4411 Los Angeles, CA 90059 - 3507 Herc Rentals 929 W. La Cadena Dr. Riverside, CA 92501 Daytime Number 951-684-4991 Appendix C Sample Templates for SSO Volume Estimation The purpose of this worksheet is to capture the data and method(s) used in estimating the volume of an SSO. Since there are many variables and often unknown values involved, this calculation is just an estimate. Additionally, it is useful to use more than one method, if possible, to validate your estimate. NOTE: Take pictures to document observations. Check all methods and tools that you used: Visual estimate Measured surface area and volume Duration and flow rate Estimated daily use per capita upstream Meter @ Pump Station Other (use notes to explain) Visual Estimate Method- Imagine a bucket(s) or barrel(s) of water tipped over. Size of Bucket(s) or Barrel(s) How many of this size? Multiplier Total Volume Estimated (gallons) 1 gal. Water Jug X 1 5 gal. Bucket X 5 32 gal. Trash Can X 32 55 gal. drum X 55 Total Volume Estimated Using Visual Method Measured Volume Method (this may take several calculations as may have to break down the odd shaped spill to rectangles, circles, and polygons) If the entire spill is settled in one area, calculate the volume of spill in feet (L' X W' X D') and convert to gallons (X7.48 for gallons in a square area, and X.785 for gallons in a circular area). It is important when guessing depth to measure, if possible in several locations and use an average depth. 1. Draw a sketch of the spill in the space provided 2. Draw shapes and dimensions used for calculations 3. Use correct formula for various shapes (see table below) SSO Shape Volume Calculation Formula Volume Result (gallons) Rectangle Length (ft) x Width (ft) x Depth (ft) x 7.48 Circle 3.14 x radius (ft) ^2 x Depth (ft) x 7.48 Polygons Show Formula used Duration and Flow Rate Method: Start Date and Time End Date and time Total Spill Duration (subtract start time from End time- show in minutes) Use this space to draw a sketch of the SOO Shape and dimensions: Average flow rate in gpm (use visual observations if flow meters are not available) Total volume estimate (minutes x gpm) Upstream Connections Method If you are dealing with a spill that has been running into a storm drain, you must estimate the gallons by: the amount of the overflow times the number of upstream connections on the receiving line (200 gal. per household per 24 hr) and estimate the time that the flow has been occurring. Each residence contributes about 240 gallons per day or about 10 gallons per hour. Multiply the number of residences by 10 and by the number of hours. This gives you the number of gallons. EXAMPLE A: If you have a line with 6 houses on it and it has been overflowing for 24 hours : 6 houses x 200 gallons per house per 24 hours = 1,200 gal. EXAMPLE B: If you have 60 houses on a line that has been overflowing for 4 hours : 60 houses x 10 gallons per house per hour x 4 hours= 2,400 gal. Additional Notes (attach extra pages if needed): _______________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________________________________ Appendix D Sample Collection Guidelines (BACWA/CVCWA) Samples of wastewater discharge and affected receive3wing waters are not required by the WDR. However, an agency may want to consider collecting samples from SSOs reaching waters that may endanger human health, or potentially cause a fish kill, or is of a magnitude that warrants sampling. In addition, it is important to only sample when it is feasible and safe to do so. There are two types of samples; Samples that require laboratory analysis and testing that can be performed in the field. If samples are collected, they should be analyzed for some or all of the following: •Dissolved Oxygen (measured in the field) •Total ammonia (not an immediate result) •Bacteria indicators as follows: If receiving water is fresh water: E-coli – (not an immediate result, if receive water is salt water and/or tidal: Fecal coliform or Enterococcus (not an immediate result) •pH (measured in the field) •Electrical Conductivity (measured in the field) •Temperature (measured in the field) •Biochemical Oxygen Demand (BOD or CBOD) not an immediate result) As a guideline, if a spill enters receiving water, samples should be taken at the point where the spill discharges into the receiving water (D-1), approximately 50 feet upstream of the spill (R-1) and approximately 300 feet downstream of the spill (R-2). A diagram of the sampling locations is provided. If the SSO has been ongoing for a long period of time, the agency may decide to perform additional sampling downstream in the waterway, to determine the extent of contamination. Field water sampling and testing can provide indications of sewage contamination. And can assist SSO response personnel in determine an appropriate location for containment. EA S T V ALLEY W A TER DIS TRICT SEWER SYSTEM MANAGEMENT PLAN (SSMP) Adopted March 22, 2023 Prepared by: East Valley Water District 31111 Greenspot Road Highland, CA 92356 LEADERSHIP | PARTNERSHIP | STEWARDSHIP SEWER SYSTEM MANAGEMENT PLAN TABLE OF CONTENTS SECTION 1: GOALS 5 SECTION 2: ORGANIZATION 7 2.1 Authorized Representatives 7 2.2 Organization 8 2.3 Chain of Communications for Reporting Overflows 8 SECTION 3: LEGAL AUTHORITY 11 3.1 EVWD Ordinance No. 389 11 3.2 Joint Powers Agreement City of San Bernardino 12 SECTION 4: OPERATIONS AND MAINTENANCE PROGRAM 13 4.1 Sewer System Mapping 13 4.2 Preventive Operation and Maintenance (O&M) 16 4.2.1 Scheduled Cleaning of Sewers 16 4.2.2 Resolution of Customer Complaints 16 4.2.3 Maintenance Activity Records 16 4.3 Rehabilitation and Replacement Plan 16 4.3.1 Routine Visual Inspections 17 4.3.2 CCTV Inspection Program 17 4.3.3 Manhole Inspection Program 17 4.4 Training Program 18 4.5 Equipment and Replacement Parts 18 SECTION 5: DESIGN AND PERFORMANCE PROVISIONS 19 5.1 Existing EVWD Standards 19 5.2 Development of Additional Standards 19 SECTION 6: OVERFLOW EMERGENCY RESPONSE PLAN 20 6.1 Existing EVWD Emergency Response Plan 20 SEWER SYSTEM MANAGEMENT PLAN 6.2 OERP ...20 SECTION 7: FOG PROGRAM 22 7.1 Existing FOG Control Program 22 7.2 Implementation of the FOG Control Program 22 7.3 Implementation Plan and Schedule for Public Outreach 7.3.1 Summary of Public Education Outreach 7.3.2 Annual Plan and Schedule of Events, SSO Driven Activities 7.3.3 Plan and Schedule for Disposal of FOG within the Service Area 7.4 Authority to Prohibit FOG Discharges and Identify Measures to Prevent FOF Related SSOs 7.4.1 Legal Authority 7.4.2 Preventative Measures 7.5 Fog Program Requirements and Design Standards 7.5.1 Requirements to Install Grease Control Devices 7.5.2 Design Standards Grease Control Devices 7.5.3 Maintenance Requirements 7.5.4 BMP Requirements 7.6 Inspection and Enforcement Program 7.6.1 Authority to Inspect Grease Production Facilities 7.6.2 Authority to Enforce 7.6.3 Resource Plan 7.7 Maintenance Plan to Address FOG Issues 7.7.1 Identification of Specific Pipe Segments with FOG Accumulation Issues 7.7.2 Maintenance of Pipes Subject to FOG Accumulation 7.8 Source Control Program to Address FOG Issues SECTION 8: SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN (SECAP) ........................31 8.1 Capacity Evaluation 31 SEWER SYSTEM MANAGEMENT PLAN 8.1.1 Flow Monitoring 31 8.1.2 Hydraulic Modeling 31 8.1.3 Sewer Master Planning 31 8.1.4 Identification of Capacity Needs 32 8.1.5 Identification of Rehabilitation Needs 32 8.2 Design Criteria 32 8.3 Capital Improvement Program 33 8.3.1 Short-Term CIPs 33 8.3.2 Long-Term CIPs 34 8.4 CIP Schedule 34 SECTION 9: MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS ........................35 9.1 Benchmarking Data 35 9.1.1 American Water Works Association (AWWA) Report 36 9.1.2 American Society of Civil Engineers (ASCE) Report 36 9.2 System Specific Performance Indicators 37 9.3 Demographic Indicators 37 9.3.1 Service Area Population 37 9.3.2 Number of Customer Accounts 37 9.3.3 New Connections per Year 38 9.3.4 Length of Sewers 38 9.3.5 Average Age of System 38 9.4 Budget Performance Indicators 39 9.4.1 Annual Collection System Budget per Account 39 9.4.2 Percentage of Budget for Collection System Rehabilitation 40 9.5 Staff and Equipment Performance Indicators 40 9.5.1 Population per Collection System Employee 40 9.5.2 Length of Sewer per Collection System Employee 40 SEWER SYSTEM MANAGEMENT PLAN 9.6 System Performance Indicators 40 9.6.1 Sanitary Sewer Overflows per Year per Length of Sewer 40 9.6.2 Mainline Blockages per Year per Length of Sewer 42 9.6.3 Pipe Failures per Year per Length of Sewer 43 9.6.4 Flow Monitoring Events per Year 45 9.6.5 Percentage of Sewers Inspected by Video per Year 45 9.6.6 Percentage of Sewers Cleaned per Year 46 9.6.7 Percentage of Sewers Lined per Year 46 9.6.8 Planned Maintenance Ratio 47 9.7 Summary of Current Status 47 9.8 Benchmarking Conclusions 48 SECTION 10: SSMP PROGRAM AUDITS 46 SECTION 11: COMMUNICATION PROGRAM 50 11.1 Additional Resource 51 11.2 Public Engagement 51 11.3 Internal Communications 51 APPENDIX 1 ....52 ￿ SECTION 1 5SEWER SYSTEM MANAGEMENT PLAN SECTION 1: GOALS This section contains East Valley Water District (EVWD or District) goals for the Sewer System Management Plan (SSMP). The standards for the operation and maintenance of a sewer collection system are to properly operate and maintain all portions of the collection system, to report overflows within the required time frame, and to respond effectively to any overflows that may occur. The District’s Vision Statement is to: “Enhance and preserve the quality of life for our community through innovative leadership and world class public service.” To compliment this commitment, that District’s goal statement for sewer service is as follows: “To control, mitigate and maintain the public sewer system within available resources to limit sewer overflows, and to protect the public and the environment.” EVWD’s goals for this Sewer System Management Plan within the next five years, , that have been developed to reflect the adopted Strategic Plan are: 1. Maintain a commitment to sustainability, transparency, and accountability by striving to minimize the number of Sanitary Sewer Overflows (SSOs). Key Performance Indicators • SSOs per Year per Length of Sewer • Mainline Blockages per Year per Length of Sewer • Pipe Failures per Year per Length of Sewer 2. Deliver public service with purpose while embracing continuous growth through the use of Computerized Maintenance Management System (CMMS) and other community engagement programs. Key Performance Indicators • Track the date and time that calls come in and the time used to respond to the incident • Fats, Oils & Grease (FOG) program participation • Proactive and reactive community outreach 3. Dedicate efforts toward system maintenance and modernization in order to provide reliable sewer service. Key Performance Indicators • Utilize the flow monitoring strategy for the development and prioritization of capital improvement projects as identified within the Sewer System Master Plan • Video inspect (CCTV) a minimum of 20% of the sewer system each year, allowing for the full system to be completed every five years. The CCTV inspection program results should be used in developing the Capital Improvement Program for sewer rehabilitation/repairs SECTION 1 6SEWER SYSTEM MANAGEMENT PLAN • Clean 80% of the sewer system each year. • Implement the Capital Improvement Program identified in the 2019 Sewer System Master Plan. 4. Develop projects and programs to ensure safe and reliable services by achieving full compliance with California’s State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. Key Performance Indicators • Continue working with the City of San Bernardino Municipal Water Department to comply with preventing illicit discharges and limiting the discharge of fats, oils, and grease, of the WDR. • As part of the 2019 Sewer System Master Plan, maintain a prioritized list of system deficiencies and correlating Capital Improvement Program. 5. Embrace an environment of active learning and knowledge sharing by continuing to improve the District’s internal documentation system which fosters collaboration between Operations and Engineering. Key Performance Indicators • Utilize the Granite Net system to perform pipeline condition analysis based on observations in the CCTV workflows. • Use the CMMS data to monitor field activities and implement Capital Improvement Project accordingly. • Maintain the District’s Geographic Information System (GIS) to ensure data accuracy of infrastructure and mapping. SECTION 2 7SEWER SYSTEM MANAGEMENT PLAN SECTION 2: ORGANIZATION This section contains EVWD’s Organizational Chart, information about the responsibility of staff implementing specific measures of this SSMP, and the chain of communication for reporting SSOs. The offices of EVWD are located at: East Valley Water District 31111 Greenspot Rd. Highland, California 92346 Telephone:(909) 889-9501 Fax:(909) 383-1481 2.1 Authorized Representatives EVWD has appointed and authorized several representatives for implementing the requirements of California’s State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems, herein called the WDR. The authorized representatives are shown in Table 2-1. Table 2-1 Authorized Representatives Name Title Work Telephone Michael Moore General Manager/Chief Executive Officer (CEO)909 806-4290 Jeff Noelte Director of Engineering and Operations – Legally Responsible Official (LRO) 909 806-4096 Patrick Milroy Operations Manager (LRO)909 806-4229 John Peel Field Services Supervisor (LRO)909 806-4233 Kerrie Bryan Human Resources/ Risk & Safety 909-806-4087 Kelly Malloy Director of Strategic Services 909-806-4239 Rocky Welborn Water Reclamation Manager Data Submitter 909 806-4221 Jason Wolf Senior Engineer Data Submitter 909 806-4092 On Call Operator (24/7 Response)909 889-9501 SECTION 2 8SEWER SYSTEM MANAGEMENT PLAN 2.2 Organization EVWD is governed by a five-member elected Board of Directors, with a General Manager/ CEO appointed to run daily operations, and an appointed District Legal Counsel - Under the General Manager/CEO there are 22 programs led by the Executive Management team. Figure 2-1 shows the current organizational structure of East Valley Water District. Figure 2-1 – EVWD Organization Chart 2.3 Chain of Communications for Reporting Overflows EVWD has developed specific procedures for responding to SSOs, whether the incident is identified internally by District staff, or a member of the public. It is important to note that EVWD only owns, operates and maintains the sewer collection system main lines and a portion of the East Trunk Sewer line located within the District’s service area; EVWD does not own or maintain the service laterals. Figure 2-2 contains EVWD’s Spill Emergency Response Plan Communication Protocol. The SSO Response Plan and Procedure is part of the Emergency Response Plan section of this SSMP (Section 6). In summary, all incoming calls received during regular business hours are logged in the CMMS by Customer Service staff who ensure that the crews have been dispatched. After hours calls are routed to an answering service to ensure incident mitigation 24 hours a day, seven days a week. SSO related calls are then directed to designated District staff members. Figure 2-3 represents the response protocol in the event of an SSO. SECTION 2 9SEWER SYSTEM MANAGEMENT PLAN Figure 2-2 – OERP Communications Protocol SECTION 2 10SEWER SYSTEM MANAGEMENT PLAN Online Initial Report Final Online Report Evaluate Respones and Implement Measures Update OERP and SSMP as Required Cleanup and Disinfection Prepare and Submit Final Online Report Sample Soil and Water LEGEND Start/End Process Data Decision Task/Process Figure 2-3 – SSO Response Procedures Out In or Out of Service Area In No Spill Originated from EVWD Owned Sewer Yes Notify Upstream Dischargers and Agencies First Response Spill Containment Field Verify Spill Notify Private Property Owner Spill on Private Property Assist Agency if Requested Incident Report Assist Agency if Requested Notify Responsible Agency Fully Contain Spill Request Additional Resource if Required Spill Occurs Spill Reported to EVWD Mitigation and Corrective MeasuresBy-Pass Pumping if RequiredPipeline Repair if Required Documentation of Containment Area (photos, measurements, samples, etc.) Online Field Report Notification of Regional Board/OES (online initial report) Prepare Online Field Reports SECTION 3 11SEWER SYSTEM MANAGEMENT PLAN SECTION 3: LEGAL AUTHORITY This section of the SSMP demonstrates that EVWD possesses the legal authority, through sanitary sewer system ordinances, service agreements, and other legally binding procedures, to: a. Prevent actionable discharges into its sanitary sewer system (examples may include inflow and infiltration (I/I), storm water, chemical dumping, unauthorized debris and cut roots, etc.). b. Require that sewers and connections be properly designed and constructed. c. Ensure access for maintenance, inspection, or repairs for portions of the mains owned or maintained by the District. d. Coordinate with the City of San Bernardino Municipal Water Department (SBMWD) to limit the discharge of fats, oils, grease (FOG), and other debris that may cause blockages stored within the District’s e. Enforce any violation of its sewer ordinances. 3.1 EVWD Ordinance No. 404 EVWD’s legal authority is provided by EVWD Ordinance No. 404 (Appendix 1). The following title from this ordinance shows an enforcement action that can be taken by an established “Sewer Department”: An Ordinance of the East Valley Water District, Rescinding Ordinance No. 404 entitled, “An Ordinance Regulating the Use of Public Sewers, the Installation and Connection of Building and Lateral Sewers, Public Sewer Main Extensions, Establishing a Sewer Department, Providing Permits for the Installation and Connection of Sanitary Sewers, Providing Sewers for Annexed Areas and Subdivisions, Regulating the Discharge of Waters and Wastes into the Public Sewer System, Providing Relief for the Violation of Provisions Thereof and Providing Procedures for Enforcement”, commonly referred to as the Sewer Regulations and Service Charge Ordinance. The ordinance has provisions for sewer permits, inspection, facility requirements, and enforcement. This also includes provisions that sewer laterals connected to the District’s sewer main are owned and maintained by the individual property owner(s) and not by EVWD. When blockages occur in sewer laterals, District staff will assist property owners by checking if blockages have occurred in the sewer main. EVWD currently works closely with the SBMWD to comply with the WDR preventing actionable discharges, and limiting the discharge of fats, oils, and grease, of WDR SSMP Section (iii). SBMWD currently handles the FOG program for the area since they own and operate the treatment plant. Following the completion of the District’s Sterling Natural Resource Center (SNRC) and assuming of sewage flows, EVWD will assume responsibility of the FOG program. Within the District boundary, the San Manuel Band of Mission Indian Reservation and Patton State Hospital are connected to sewer collection system. In 2016, EVWD entered into a maintenance contract with Patton State Hospital. The contract allows EVWD to enter hospital grounds and CCTV, clean, inspect, GPS and make repairs as needed to prevent any SSO’s from happening downstream in EVWD’s portion of the collection system. SECTION 3 12SEWER SYSTEM MANAGEMENT PLAN The San Manuel Band of Mission Indians has maintenance personnel that can respond to incidents as needed, and EVWD can provide mutual aid support if requested, through the terms identified within the Emergency Response Network of the Inland Empire (ERNIE) agreement. 3.2 Joint Powers Agreement City of San Bernardino Since 1954, EVWD has contracted with the SBMWD for sewer treatment. EVWD retains responsibility for the sewer conveyance and all flows until they reach the treatment facility. SBMWD is the sole owner and operator of the wastewater treatment staffing, processes, and facilities. Once the District’s SNRC is constructed and operational, the Joint Powers Agreement (JPA) will dissolve and EVWD will assume responsibility for sewer treatment within its service area. SECTION 4 13SEWER SYSTEM MANAGEMENT PLAN SECTION 4: OPERATIONS AND MAINTENANCE PROGRAM A preventive and proactive Operations and Maintenance (O&M) Program is the basis of a well- run sewer collection system. It describes what work is done on a regular basis to the collection system mains, manholes, siphons, appurtenances and associated equipment in order to prevent them from failing and causing SSOs. The WDR requires that the elements listed below are included in the O&M program of SSMP: • Maintain up-to-date sewer collection system maps. • Utilize a routine preventive O&M program and activities for staff and contractors maintaining the sewer collection system and a system to document scheduled activities in the form of a work order. • Implement a rehabilitation and replacement plan identifying and prioritizing system deficiencies and implement short- and long-term actions to address the deficiencies. • Train O&M staff on a regular basis. • Provide equipment and replacement part inventories, including critical replacement parts. This section describes EVWD’s existing Sewer System Mapping, O&M Program, Rehabilitation and Replacement Plan or the Capital Improvement Plan (CIP) and On- and Off-Site Training. 4.1 Sewer System Mapping The Sewer System Maps are in Geographic Information System (GIS) data. These maps are viewed through the GIS desktop (ArcGIS) program. A complete digital file of all maps is available in pdf format, viewed on screen from a shared server or in print. In addition, a work order program (Cityworks) is built upon the GIS data and maps and is available to all District staff. (See Figure 4-1 for sample GIS map) The GIS database is updated to reflect new pipeline installations, sewer main repairs and abandonments once they have been completed (See Table 4-1). To ensure data accuracy, field staff may make additions and notes for corrections to drawings though connected applications. This information is verified and edited in the GIS master drawings by a designated GIS administrator. The entire sewer system has recorded inspections using the Closed Circuit Televised (CCTV) equipment, and this information is available in the GIS system. The CCTV program notes the sewer main size and type, location of laterals, manholes and defects. It also records the direction of flow, invert to rim depth, and stationing to the centerline of the pipe. The current CCTV data and software programs are operationally based on the District’s server. This allows for authorized personnel to access the raw data as needed for input into GIS. SECTION 4 14SEWER SYSTEM MANAGEMENT PLAN Figure 4-1 – Sample Sewer Atlas Street SECTION 4 15SEWER SYSTEM MANAGEMENT PLAN Table 4-1 Existing Sewer System GIS Data Facility GIS Information Manhole •Facility ID number •GPS Coordinates •Station •Date built •Rim elevation •Invert elevation •Size of manhole •Material type •Inspection dates Pipes •Facility ID number •Location with reference to streets and property lines •Size (diameter) •Shape •Direction of flow •Length •Slope •Material type •Date built •Pipe invert elevations (upstream and downstream) •Plan or as-built number •Inspection dates •Repair •Reline •Date of replacement •Breaks/Damage •Priority locations •CCTV Hyperlink to pipes •Areas of increased maintenance Laterals •Location with station reference to sewer line •Size (diameter) •Length •Material type •APN •Roots or Grease Code SECTION 4 16SEWER SYSTEM MANAGEMENT PLAN •Defective Taps Streets •Name •Right-of-Way •Lots •Property Addresses SECTION 4 17SEWER SYSTEM MANAGEMENT PLAN 4.2 Preventive Operation and Maintenance (O&M) Preventive maintenance is defined as routine and scheduled activities performed before equipment or buried assets fail for the purpose of extending their life, reducing maintenance/ replacement costs, and increasing reliability. Planned and proactive preventive maintenance is more efficient and cost effective than reactive operations. Preventative maintenance anticipates and prevents problems from occurring and maintains the long-term integrity of all assets rather than fixing short- term problems as they occur. Preventative maintenance will also include the most immediate and pressing problems within the sewer collection system. 4.2.1 Scheduled Cleaning of Sewers The District cleans the entire sewer distribution system on a regular basis using a high pressure jet and various spray nozzles. Different nozzles, root eradicators and cleaning agents are used based on the presence of debris, sand, roots, and FOG. Areas of increased maintenance are cleaned weekly, monthly, bimonthly, or quarterly, according to historical results. Areas identified in the 2019 Sewer System Master Plan rated “high” in the O&M frequency category also receive a specialized cleaning schedule. Sewer mains that are scheduled to be inspected are cleaned prior to inspection. As part of the O&M of the sewer collection system, EVWD maintains a list of locations that are “priority increased maintenance” locations. In addition to the list of priority locations, there are seven (7) siphons in the sewer collection system the District staff inspects and cleans on a regular basis. The list of increased maintenance locations are part of the GIS data 4.2.2 Resolution of Customer Complaints Customer input is a valuable means of understanding sewer system field conditions. The District’s procedure for customer complaints regarding odor are to forward the call to the Sewer Maintenance department for investigation. Staff will investigate and, if appropriate, jet the line to remove any standing water. If the problem is emanating from a known commercial area, or from an area of increased maintenance, efforts to clear fats, oils or grease may include adding a degreaser to the jet’s water. 4.2.3 Maintenance Activity Records The District schedules and performs regular O&M of the sewer pipelines and maintains a daily log of the jetting and cleaning. The log includes equipment used, location, description of the work performed and any remarks. If sand, rocks, roots, grease are found they are cleared and noted on the report. The reports are kept in accordance with the District’s Record Retention Policy and are available for review at the District office. 4.3 Rehabilitation and Replacement Plan The WDR requires that a Rehabilitation and Replacement plan be developed to identify and prioritize system deficiencies and implement short- and long-term rehabilitation actions to address each deficiency. The program includes regular visual and TV inspections of manholes and sewer pipes, and lists the condition of sewer pipes for priority scheduling of replacement or rehabilitation with ranking applied to each significant defect. SECTION 4 18SEWER SYSTEM MANAGEMENT PLAN 4.3.1 Routine Visual Inspections Routine above ground inspections occur every time a manhole is opened. District crews look for any structural anomalies in the lid, rim, rings, ladders, shelf and inverts. Staff also looks for damage due to excessive hydrogen sulfide gas (H2S) corrosion. If any defects are noted, a work order is initiated to make the necessary repairs. As the sewer crew jets and cleans the sewer mains, every manhole is inspected during the process to see if debris from possible pipe breaks and collapses is present. If any is discovered, follow up CCTV inspections are scheduled. The District has the ability to identify sewer mains requiring immediate attention and facilitate unscheduled non-emergency spot repairs. 4.3.2 CCTV Inspection Program EVWD adopted the National Association of Sewer Service Companies (NASSCO)’s Pipeline Assessment & Certification Program (PACP) to provide standardization and consistency in the method sewer pipe conditions are evaluated and ranked. The CCTV inspection program is run by staff with certificates in NASSCO PACP codes. A total of six (6) EVWD field staff and two (2) office staff have been trained and certified using PACP standards. EVWD maintenance staff conducted a District-wide CCTV inspection of all mains in the system. Each main was identified by the upper and lower manholes connecting the pipe run. Information has been collected to better understand the pipe conditions including: identifying the size of the main, material, level of water in the pipe, length, and observations about any materials on the surface, and the existence of cracks, fractures, holes, offsets, and collapses. Notes were also taken as to the depth of the water, the presence of debris, sand, roots, FOG and location of and condition of lateral connections to the main. 4.3.3 Manhole Inspection Program As part of the cleaning and CCTV inspection program, every manhole is inspected when jetting is performed, and when preventative maintenance operations such as odor control or insect eradication take place. Manholes are inspected for: • Accessibility • Proper drainage from the cover • Infiltration • Joint security • Grease accumulation • Debris accumulation • Corrosion • Design or construction flaws in the invert that cause turbulence • Grout bed or frame • Warped or misfit lid – no rattle or rock • Ring clean and seated properly • Signs of potential problems with the lining (if interior is lined) • Cracks or breaks in the cover, adjustment rings, walls, or bottom SECTION 4 19SEWER SYSTEM MANAGEMENT PLAN 4.4 Training Program EVWD currently provides the following formal training to each member of its O&M staff as shown on Table 4-2. Table 4-2 EVWD Training Program Description of Training Frequency Confined space entry Annually Trench shoring Annually First aid and CPR Certification every two years Spill Response Annually In-House Sewer response Team Training Annually PACP Certification every two years Safety Meetings Annually EVWD uses on-the-job training for basic system cleaning and surveillance activities. Senior staff is paired with junior staff in order to carry out system O&M activities. District staff performs in-house sewer response team training and conducts monthly safety meetings. 4.5 Equipment and Replacement Parts Per the SSMP requirements, equipment and replacement part inventories should be available that include identification of critical replacement parts. Since there are no pump stations within the EVWD collection system, the replacement part inventory is limited to pipelines and their appurtenances. Maintenance trucks are equipped for minor repairs on smaller diameter pipelines. Materials currently stored at EVWD facility includes: • Small sections of VCP pipe • Small sections of PVC pipe • Repair clamps • Manholes and riser rings • Hand tools • Pressure cleaning nozzles EVWD keeps an inventory of parts including a sewer emergency response trailer, CCTV truck, blowers, tripods, pumps, inflatable sewer plugs, air monitoring equipment, masks, decontamination pools, Self-Contained Breathing Apparatus (SCBA), spare sewer pipe, couplings, cleanouts, two vacuum trucks, tools and other spare parts. The inventory is stored at strategic facilities throughout the service area. SECTION 20 20SEWER SYSTEM MANAGEMENT PLAN SECTION 5: DESIGN AND PERFORMANCE PROVISIONS This section of the SSMP will describe the existing EVWD’s standards and future plans for the development of the standards for the design, construction, inspection, testing, and acceptance of new, rehabilitated, or repaired sewer collection system and their appurtenances. 5.1 Existing EVWD Standards EVWD has an established set of standards and criteria for the design and construction of sewer mains. These include: • Standard Requirements for the Design and Processing of Sanitary Sewer Improvement Plans in the Development Guidelines and Procedures Manual • Standard Specifications for the Furnishing of Materials and the Construction of Sanitary Sewers • Standard Sewer Drawings • Approved General Notes & Certificates EVWD staff reviews projects for conformance with these design standards and procedures. Copies of the existing standards for the sewer collection system can be viewed on the District’s website or at the District’s headquarters. 5.2 Development of Additional Standards EVWD staff, both in Engineering and Operations, have reviewed the existing standard drawings and have provided feedback and comments to the Director of Engineering and Operations. As a result, an update of the standard drawings was completed in April 2022. Design standards and construction specifications will provide the enforcement measures to ensure quality and consistency in the sewer collection system and prevent future SSOs. These standards are reviewed and revised as needed. The EVWD design standards and standard specifications have been updated to require Contractors to perform CCTV inspection of newly installed sewer lines after they have been constructed. Detailed testing requirements such as CCTV, air testing, vacuum testing, hydro testing, mandrel testing, and others for gravity sewer, sewer manholes, force mains, and pump stations may be added. SECTION 6 21SEWER SYSTEM MANAGEMENT PLAN SECTION 6: SPILL EMERGENCY RESPONSE PLAN This section of the SSMP describes what the WDR requires from an agency when it develops and implements a Spill Emergency Response Plan (SERP) including measures to protect public health and the environment. At a minimum, the plan must include the following: a. Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner; b. Notify other potentially affected entities (for example, Health Agencies, Water Suppliers, etc.) of spills that potentially affect public health or reach waters of the State; c. Comply with notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; d. Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained; e. Address emergency system operation, traffic control and other necessary response activities; f. Contain a spill and prevent/minimize discharge to waters of the State or any drainage convenance system; g. Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State; h. Remove sewage from drainage conveyance system; i. Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; j. Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery; k. Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during and after a spill event; l. Conduct post spill assessments of spill response activities; m. Document and report spill events as required in this General Order; and n. Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed. 6.1 Existing EVWD Emergency Response Plan EVWD developed an Emergency Response Plan (ERP) in 2020. A copy of the ERP is located at the District’s headquarters. The ERP is intended to provide EVWD staff with emergency response procedures should a disaster take place within or near the service area. This document considers emergencies that could impact the sewer system including seismic activity, flooding, debris accumulation, and vandalism. The objective of the ERP is to understand potential hazards that may SECTION 6 22SEWER SYSTEM MANAGEMENT PLAN occur, steps to respond, and procedures restore service to the community. 6.2 SERP EVWD developed a specific sewer system Overflow Emergency Response Plan (OERP) in June 2014. The OERP complies with the requirements of the past WDR and includes response and notification procedures for SSOs. The OERP took into consideration the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) format, reporting, and training. All District staff receives ICS, SIMS, and NIMS training as part of the Emergency Preparedness Program. Standard reporting forms have also been developed for use in the event of an emergency. The OERP was updated in 2019. On December 6, 2022, the State Water Resources Control Board adopted a new SSS-WDR Order, which added to the requirements of the OERP and termed the new requirements the Spill Emergency Response Plan (SERP). The SERP was updated in 2023 to meet the new requirements and is available for viewing at the District’s Headquarters. SECTION 7 23SEWER SYSTEM MANAGEMENT PLAN SECTION 7: FOG PROGRAM The WDR requires that EVWD evaluate the District’s service area to determine whether a FOG (fats, oil and grease) control program is needed. If it is determined that a FOG program is not needed, justification must be provided. If FOG needs to be addressed, then the District must prepare and implement a FOG source control program to reduce the amount of these substances discharged into the sanitary sewer system. This program must include the following, as appropriate: a. An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG. b. A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area. c. The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG. d. Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, Best Management Practices requirements, record keeping and reporting requirements. e. Authority to inspect grease producing facilities, enforcement authorities, and whether the District has sufficient staff to inspect and enforce the FOG ordinance. f. An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section. g. Development and implementation of source control measures, for all sources of FOG discharged to the sanitary sewer system, for each section identified in (f) above. EVWD is currently in the process of building a water reclamation facility (the SNRC) that will allow for the treatment of wastewater locally, without reliance on the SBMWD. The transition of sewer treatment and system responsibilities cannot reasonably be expected to occur instantaneously. The City of San Bernardino and EVWD have negotiated the transition of sewer flows and responsibilities, including the FOG program. EVWD has agreed to have and implement its FOG control program at the start of the flow transition. This SSMP will span over a period in which both parties have control of the FOG program, and items in this section that are intended to be effective after the start of the flow transition are noted in the subsection titles with the language, “To be effective after flow transition from San Bernardino.” 7.1 Existing FOG Control Program SBMWD, operators of the regional wastewater treatment plant, administer the FOG control program for member agencies through a Joint Powers Authority (JPA) agreement. The District’s service area is included within the City of San Bernardino Ordinance MC-1010, which requires compliance with Federal and State wastewater standards and provides the City and the District with the authority to inspect and enforce for FOG violations. In addition, EVWD and the City of San Bernardino have signed a Pretreatment Program Administrative Agreement, which gives EVWD further authority to implement and enforce the City’s SECTION 7 24SEWER SYSTEM MANAGEMENT PLAN pretreatment program. A copy of this agreement is kept at the District’s office and is available for review. Following the completion of SNRC and the transition of sewer flows and treatment responsibilities from SBMWD to EVWD, EVWD will assume responsibility of the FOG Control Program, which will be the new program included in EVWD Sewer Regulations and Service Charge Ordinance No. 404 “An Ordinance Regulating the Use of Public Sewers, the Installation and Connection of Building and Lateral Sewers, Public Sewer Main Extensions, Establishing a Sewer Department, Providing Permits For the Installation and Connection of Sanitary Sewers, Providing Sewers or Annexed Areas and Subdivisions, Regulating the Discharge of Waters and Wastes into the Public Sewer System, Providing Relief for the Violation of the Provisions Thereof and Providing Procedures for Enforcement.” Existing EVWD staff are expected to manage and enforce the new FOG program with the assistance of third party inspection services. EVWD will assume the responsibility of solicitating for third party inspection services prior to the assumption of the new responsibilities. 7.2 Implementation of the FOG Control Program EVWD will continue to work with the City of San Bernardino to implement and enforce the FOG program, and after the transition of wastewater flow to SNRC, EVWD will implement and enforce the FOG program independently. As part of their preventive operations and maintenance (O&M) of the sewer collection system, EVWD has developed and maintains a list of “Areas of Increased Maintenance” and schedules cleanings weekly, monthly and quarterly. This type of preventive maintenance ensures that no SSO occur in these specific areas. In addition to regularly scheduled cleanings the District distributes informational pamphlets regarding proper disposal of grease or fats and the consequences of inappropriate disposal. Preventative measures also include regularly scheduled maintenance at the seven siphons located in the collection system where District staff conducts weekly inspections and cleanings. In addition, EVWD has implemented a program to perform regular visual and CCTV inspections along with cleaning the sewer mains and manholes throughout the system. The District maintains approximately 220 miles of pipe. In order to maximize the useful life of the system, cleaning and inspection of mains is a priority included in the development of the annual budget. The District’s goal is to CCTV 20% of the collection system each year so that the entire system is inspected in a five-year period. Section 4, Operations and Maintenance Program, of this SSMP provides more detailed information on the cleaning and CCTV inspection program. The District retains the video inspection data for historical records dating back to 2012. 7.3 Implementation Plan and Schedule for Public Outreach (to be effective after flow transition from San Bernardino) Ongoing public and stakeholder education, outreach, and participation are important components to the EVWD FOG Control Program. This includes outreach to commercial and residential FOG generators. EVWD will maintain an up-to-date website which serves as an additional source of information for the food service industry and the community. A summary of the FOG Control Program, BMP guide for Food Service Establishments (FSE) and general information about eliminating FOG discharges into the collection system are provided during outreach events. SECTION 7 25SEWER SYSTEM MANAGEMENT PLAN 7.3.1 Summary of Public Education Outreach (to be effective after flow transition from San Bernardino) Public Outreach is coordinated by the Public Affairs Department of the District in consultation with the Water Quality Department. EVWD has Best Management Practices (BMPs) brochures, in English and Spanish, which are distributed to all industrial users. EVWD also has posters, in English and Spanish, that are distributed to FOG generators to encourage Best Management Practices. Copies of the outreach materials will be available on the EVWD website. The public outreach activities, including FOG education, are covered in Chapter 11, the Communications portion of the District’s SSMP. 7.3.2 Annual Plan and Schedule of Events, SSO Driven Activities (to be effective after flow transition from San Bernardino) Outreach is conducted through scheduled events and on an ad-hoc basis. Planned outreach is timed around FSE inspections. Environmental Control Inspectors will visit each FSE to inspect grease traps and interceptors and check for any violations. At this time, they also provide education material on BMPs to the FSE. Newly permitted FSEs are also provided with material on BMPs. Educational Material is shared with residents prior to the holiday season, and other sewer educational material that is shared at scheduled events contains information on FOG control. Finally, EVWD will develop door hangers for BMP pamphlets that can be distributed to homes in the area following an SSO event that is attributed to FOG. Environmental Control Inspectors will also perform surprise inspections of FSEs in the vicinity of a FOG attributed SSO event. 7.3.3 Plan and Schedule for Disposal of FOG within the Service Area (to be effective after flow transition from San Bernardino) EVWD does not own or operate any FOG disposal facilities. The FSEs must, at a minimum, collect waste FOG and prevent its discharge into the collection system by implementing the following BMPs to reduce the amount of FOG requiring disposal: •“Dry wipe” pots, pans, dishware and work areas prior to washing. Use rubber scrapers or paper towels to remove FOG from cookware, utensils, and serving ware. •Use absorbent products to clean under fryer baskets and other locations where FOG may be spilled or dripped. For waste FOG that is generated, it must be collected and stored property in recycling barrels or drums in accordance with requirements. FSEs must use a licensed hauler or recycling facility to dispose of this waste. FSEs must save receipts for proper disposal, which are reviewed during a FSE inspection conducted by Environmental Control Inspectors. 7.4 Authority to Prohibit FOG Discharges and Identify Measures to Prevent FOG Related SSOs (to be effective after flow transition from San Bernardino) Legal authority for the District’s FOG Discharge Control Program is established in EVWD Sewer Regulations and Service Charge Ordinance No. 404. 7.4.1 Legal Authority (to be effective after flow transition from San Commented [JN1]: Should this be "BMP"? SECTION 7 26SEWER SYSTEM MANAGEMENT PLAN Bernardino) EVWD’s FOG Control Program will be supported by EVWD Sewer Regulations and Service Charge Ordinance No. 404. Section 12 of the Ordinance gives EVWD the legal authority to prohibit discharges to the sewer system, authority to require installation of pretreatment (i.e. grease control devices), authority to inspect grease producing facilities and authority to enforce these provisions. The Ordinance can be found at the District’s website: https://www.eastvalley.org/ 7.4.2 Preventative Measures (to be effective after flow transition from San Bernardino) EVWD’s measures for preventing FOG-related SSOs are two-fold: 1. Outreach and Enforcement: EVWD will conduct both planned and ad hoc outreach to educate customers on what they can do to reduce or eliminate the amount of FOG (and other debris such as flushable wipes) that get into the system. For FSEs, this includes regular inspections of their grease interceptors and traps. For those FSEs that are found to be out of compliance, enforcement actions can be taken to ensure any additional FOG does not get into the system. 2. Sewer Cleaning: EVWD has an aggressive cleaning and CCTV schedule for the collection system, described in other sections of this SSMP, to keep FOG from building up in pipes. Pipes are inspected and cleaned if they are found to contain FOG deposits, and their cleaning frequency can be adjusted as needed. 7.5 FOG Program Requirements and Design Standards (to be effective after flow transition from San Bernardino) EVWD’s FOG Program Requirements are found in the Sewer Regulations and Service Charge Ordinance No. 404. 7.5.1 Requirements to Install Grease Control Devices (to be effective after flow transition from San Bernardino) All FSEs are required to submit a Restaurant User Permit Application to the District before discharging any wastewater to the collection system. Upon review of the application, the Department will notify the FSE whether a Grease Control Device is required. EVWD may elect to issue a Conditional Waiver or required under sink grease traps as approved by the County of San Bernardino Department of Environmental Health Services, if it is determined that the FSE does not have reasonable potential to cause an adverse effect on EVWD facilities. However, the Department may revoke the condition waiver for the following reasons: 1. Changes in menu; 2. Falsification of information in the wastewater discharge characterization; 3. Changes in operating hours; 4. Changes in the maximum seating capacity; 5. Changes in the maximum meals served per hour; 6. Changes in the equipment used; SECTION 7 27SEWER SYSTEM MANAGEMENT PLAN 7. Changes in the quantity or quality of wastewater discharged; and, 8.Increase sewer line maintenance or SSOs which are attributed to the restaurant user’s wastewater discharge. 7.5.2 Design Standards Grease Control Devices (to be effective after flow transition from San Bernardino) The design, construction, installation and testing of grease control devices is determined by the EVWD’s Regulations for the Installation and sizing of Grease Control Devices, which is available on the District’s website. 7.5.3 Maintenance Requirements (to be effective after flow transition from San Bernardino) The Districts Sewer Regulations and Service Charge Ordinance Section 12.04.09 states: Any person, property owner, or FSE that owns, operates, or maintains a GCD shall maintain it properly. 1. The GCD shall be cleaned as often as necessary but not less than once every 90 days to ensure that sediment and floating materials do not accumulate to impair the efficiency of the GCD and odors do not cause a public nuisance. A GCD is considered to be in violation under the following conditions: a. Odors generated from the GCD cause a public nuisance. b. The GCD is not in good working condition and appears to be malfunctioning or bypassing. c. The GCD contains FOG and solids accumulation exceeding its rated capacity as documented by the manufacturer through third party test reports, or in the absence of that, twenty-five percent (25%) of the design hydraulic depth of the GCD. d. The wastewater discharged from the FSE is determined to contain more than 250 mg/L of oil and grease. 2. When a GCD is cleaned, it must be pumped out completely and the removed sediment, liquid, and floating material shall be lawfully disposed of at a facility legally approved to accept such waste. 3. The user shall maintain a manifest for the removed GCD waste for a minimum of three years. The manifest shall include at a minimum: the name and address of the facility where the waste is removed, the disposal site for the GCD waste, the volume removed, and the date and time of removal. Failure to maintain and provide the required information may require the user to document the required information on an EVWD issued grease hauler manifest form. 4. The removed pretreatment waste shall not be reintroduced into the GCD or discharged into another GCD, or at another location which has not been approved by the District to accept such waste. 5. The use of chemicals to dissolve grease in a GCD is specifically prohibited. The owner, lessee, or sub-lessee, of any facility required to install an interceptor, and any proprietor, operator or superintendent of such facility are individually and severally liable for any failure of proper SECTION 7 28SEWER SYSTEM MANAGEMENT PLAN maintenance of such interceptor. Failure to maintain an GCD is a violation of this Ordinance and subjects the User to progressive enforcement actions in accordance with the approved Enforcement Response Plan. 7.5.4 BMP Requirements (to be effective after flow transition from San Bernardino) The Districts Sewer Regulations and Service Charge Ordinance Section 12.04.10 states: 1. All FSEs are required to implement BMPs to control the discharge of FOG to the sewer system and prevent SSOs. The BMPs are subject to approval by the District and at a minimum must include the following elements: a. Dispose food waste directly into approved disposal containers and not in sinks. b. Install drain screens on all drainage pipes. periodically clean the screens and dispose screened solids into trash or garbage cans. c. “Dry wipe” pots, pans, dishware and work areas prior to washing. Use rubber scrapers or paper towels to remove FOGs from cookware, utensils, and serving ware. d. Collect waste cooking oil and store properly in recycling barrels or drums. Use a licensed hauler or recycling facility to dispose of this waste. e. Use absorbent products to clean under fryer baskets and other locations where FOGs may be spilled or dripped. f. Train kitchen staff and other employees to follow BMPs. g. Post all applicable BMPs in the food preparation and/or dishwashing area. h. Observe proper GCD cleaning and maintenance procedures to ensure the device is properly operating. i. Comply with all other BMPs deemed appropriate by the District. 2. In the event an industrial user fails to comply with the requirements of this Ordinance, the District may take immediate enforcement action to reduce the risk of FOG entering the collection system by applying one or more appropriate enforcement action(s). The enforcement actions available to the District are outlined in Enforcement Response Plan (ERP), and an individual ERP may be developed for the non-compliant FSE. 7.6 Inspection and Enforcement Program (to be effective after flow transition from San Bernardino) 7.6.1 Authority to Inspect Grease Producing Facilities (to be effective after flow transition from San Bernardino) EVWD’s Sewer Regulations and Service Charge Ordinance provides the District with the legal authority to visit and inspect FSEs and monitor the implementation of BMPs. Section 12.04.11 of the Ordinance states: This Ordinance provides the authority to carry out all inspection, surveillance, and monitoring procedures necessary to make a determination on compliance or noncompliance by FSEs with Commented [JN2]: Check spelling SECTION 7 29SEWER SYSTEM MANAGEMENT PLAN pretreatment standards and requirements, independent of information supplied by FSEs. This Ordinance specifies that whenever it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this or other applicable law, or whenever the District has reasonable cause to believe that there exists upon any premises any possible violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe, or dangerous, the District or his/her designate is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the District or his/her designate by this section or other applicable law. To that end, FSEs shall comply with the following inspection requirements: 1. The District shall inspect the facilities of any user to ascertain whether all requirements of this Ordinance are being met. Persons on the premises shall allow the District ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. 2. The user shall ensure that there is always a person on site, during normal business hours, knowledgeable of the user’s processes and activities to accompany the District during the inspection. 3. The user shall provide immediate access when an emergency exists. 4. All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles, or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment. 5. No user shall interfere with delay, resist or refuse entrance to the District when attempting to inspect any facility which discharges wastewater to the POTW. 6. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make all necessary arrangements so that, upon presentation of identification, the District will be permitted to enter, without delay. 7. The user shall make available for copying by the District, all records required to be kept under the provisions of This Ordinance. 7.6.2 Authority to Enforce (to be effective after flow transition from San Bernardino) Section 14 of the EVWD’s Sewer Regulations and Service Charge Ordinance provides the authority to carry out all inspection, surveillance, and monitoring procedures necessary to make a determination on compliance or noncompliance by industrial users and FSEs with applicable pretreatment standards and requirements, independent of information supplied by industrial users. The Ordinance gives the General Manager the power, jurisdiction and supervision over places of discharge of wastewater into the collection system, necessary to adequately enforce and administer all applicable State and Federal Laws. Section 14 specifies that whenever it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this section or other applicable law, or whenever the General Manager has reasonable cause to believe that there exists upon any premises any possible violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe, or dangerous, the General Manager or their designate is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the General Manager or their designate by this section or other SECTION 7 30SEWER SYSTEM MANAGEMENT PLAN applicable law. 7.6.3 Resource Plan to Inspect and Enforce (to be effective after flow transition from San Bernardino) The Water Quality Department will have adequate resources, internally and via contract services, to conduct annual inspections of all FSEs withing the District’s jurisdiction for compliance with the Sewer Regulations and Service Charge Ordinance. In addition, they may establish Enforcement timelines if the user is found to be non-compliance during the time of inspection and/or found to be the cause of FOG related SSO. Some industrial users may require semi-annual or more frequent inspections. Staffing and contractor levels are reviewed annually during the preparation of the District’s budget. 7.7 Maintenance Plan to Address FOG Issues (to be effective after flow transition from San Bernardino) The maintenance program to address FOG and reduce FOG-relates SSOs consist of: 1. Identification of FOG accumulation and problems related to FOG 2. Maintenance of pipes subject to FOG accumulation 7.7.1 Identification of Specific Pipe Segments with FOG Accumulation Issues (to be effective after flow transition from San Bernardino) Pipe Segments with FOG accumulation are identified using the following methods: 1. Routine CCTV inspections 2. Cleaning, which pulls back FOG and other debris visible by cleaning staff. Findings from inspections and cleanings are used to adjust a pipe’s cleaning frequency, so that pipes found to have accumulation can be cleaned more frequently to prevent buildup that might cause an SSO. 3. SSO event investigation and inspection. SSOs caused by blockages from FOG are monitored for location and cleaning frequency. All blockages are tracked by District staff. Locations with a high number of FOG blockages are given special investigation and cleaning status. Sewers prone to FOG accumulation or blockages are given high priority and cleaned more frequently in an effort to prevent FOG related SSOs. 7.7.2 Maintenance of pipes subject to FOG accumulation (to be effective after flow transition from San Bernardino) EVWD uses cleaning of pipes to reduce FOG accumulation. Pipes with a history of FOG accumulation and/or FOG-related SSOs are cleaned more frequently than the system-wide cleaning frequency. Pipes with observed FOG deposits during inspection are cleaned immediately. All secondary pipe segments, including “non-problem” sewers, are included in a routine preventative maintenance cleaning schedule. In order to ensure that required cleaning is occurring, scheduled and completed tasks are catalogued and tracked in EVWD’s computerized asset inspection and decisions support software, GraniteNET. The software tracks cleaning frequency and condition assessments and serves as quality control for SECTION 7 31SEWER SYSTEM MANAGEMENT PLAN repairs that are made. 7.8 Pretreatment Program to Address FOG issues (to be effective after flow transition from San Bernardino) The Water Quality Department investigates potential source(s) of FOG waste through its permit program for FSEs. All FSEs are required to submit a user permit application to the District before discharging any wastewater to the sewer system. Upon review of the application, The District will notify the FSE whether an oil/grease control device is required. This helps to prevent FOG waste from getting into the collection system. Environmental Control Inspectors and assistants carry out inspections of FSEs to ensure they are in compliance with their industrial user permit, in compliance with source control measures for all sources of grease, implementing BMPs, and maintaining their grease control device(s) as applicable. As part of routine inspection activities, Environmental Control Inspectors and assistants provide information and training materials such as BMP brochures and posters, an ordinance summary and lists of licensed grease waste haulers. In the event an industrial user fails to comply with the requirements of the District’s Sewer Regulations and Service Charge Ordinance, the District may take immediate enforcement action to reduce the risk of FOG entering the collection system by applying one or more appropriate enforcement actions(s). The enforcement actions available to the District are outlined in an Enforcement Response Plan (ERP), and an individual ERP is developed for the non-compliant FSE. 7.9 Source ControlPretreatment Program Record Keeping (to be effective after flow transition from San Bernardino)Unless other record keeping requirements are required all records related to the PretreatmentSource Control Program are required to be kept by the discharger and available for inspection by District personnel for three years. All inspection reports, records, correspondence, and enforcement documentation, will be kept electronically in the Districts FOG cloud based platform, SwiftComply. Commented [JN3]: Should "Pretreatment Program" be used throughout? SECTION 8 32SEWER SYSTEM MANAGEMENT PLAN SECTION 8: SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN (SECAP) The WDR requires owners and operators of sewer collection systems to have a System Evaluation and Capacity Assurance Plan (SECAP). This component involves preparing and implementing a Capital Improvement Program (CIP) that will provide hydraulic capacity of key sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the SECAP must include: • Steps to evaluate those portions of the sanitary sewer system, which are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; • Establishing a short- and long-term CIP to address identified hydraulic deficiencies including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, Inflow & Infiltration (I&I) reduction programs, increases and redundancy in pumping capacity, and storage facilities. 8.1 Capacity Evaluation The capacity of a sewer collection system should be regularly evaluated to ensure that all areas of the system have sufficient capacity for existing and future flow conditions. It is especially critical to evaluate capacity when adding new connections or developments to the existing system. Several tools exist to aid in the assessment of sewer system capacity, including flow monitoring, I&I study and hydraulic modeling. 8.1.1 Flow Monitoring System capacity was evaluated using real-time flow monitoring data through transducers placed at strategic locations throughout the sewer collection system. This data was incorporated in the model used for the 2019 Sewer System Master Plan. 8.1.2 Hydraulic Modeling Measured flow monitoring data along with evaluation of current City and County land use plan information was used in developing a dry and wet weather hydraulic models for the 2019 Sewer System Master Plan. Wet weather storm events were analyzed to further develop and evaluate the capacity within the existing trunk sewer lines and to help calibrate the model. 8.1.3 Sewer Master Planning EVWD completed a comprehensive Sewer System Master Plan in 2019. This master plan includes a capacity analysis and provided a capital improvement program that identifies capacity related SECTION 8 33SEWER SYSTEM MANAGEMENT PLAN improvement projects. The District’s goal is to revise the plan every five (5) years to maintain an accurate capital improvement program and an updated model which can be used to analyze future developments. This document is available for public review on the District’s website. 8.1.4 Identification of Capacity Needs The capacity assessment of the entire sewer collection system has been evaluated through the development of EVWD’s Sewer System Master Plan. The capacity analysis used the calibrated dry and wet weather wastewater collection system model to evaluate existing and projected 2040 conditions. The District’s sewer collection system lines range from 6-inches to 24-inches in diameter. There are 4,500 manholes and 213 miles of gravity sewer pipes that were included in the hydraulic model which was used to develop the 2019 Sewer System Master Plan. The hydraulic model includes all pipes 10 inches in diameter and larger. Mains that are 6 or 8 inches were included only if considered hydraulically necessary or important to evaluate the wastewater collection system. The ratio of flow depth to pipe diameter (d/D ratio) was used to identify pipe capacity issues. The District’s criteria is d/D = 0.50 (peak dry weather) for pipes equal to or less than 12 inches in diameter and d/D = 0.75 (peak dry weather) for pipes greater than 12 inches in diameter and d/D=1.0 (peak wet weather) for all gravity sewer pipelines. 8.1.5 Identification of Rehabilitation Needs EVWD has developed and implemented a CCTV inspection program of the sewer system as part of their Operation and Management (O&M) Program. Inspection of sewer mains follows National Association of Sewer Services Companies’ (NASSCO) Pipeline Assessment and Certification Program (PACP) standards. This program has allowed the District to identify and verify some of the hydraulic deficiencies as identified in the model and also deficiencies that exist in the system due to structural, operations, construction, or other miscellaneous issues. This program has provided a standardized comprehensive data set that is used for the prioritization, planning and renovation of wastewater collection improvement projects. The CIP schedule will be determined according to the prioritization as determined by the PACP grading system. Deficient pipes will be ranked, prioritized, and incorporated into the Capital Improvement Plan. 8.2 Design Criteria EVWD has a set of standards and criteria for the design and construction of sewer mains within their system. These include: • Standard Specifications for the Furnishing of Materials and the Construction of Sanitary Sewers • Standard Drawings for Sewer Systems • Approved General Notes & Certificates Table 8-1 shows the design criteria used by the District for sewer mains. It is important to note that EVWD does not currently own or operate any lift stations or force mains and as a result, have not developed specific design criteria for these types of facilities. SECTION 8 34SEWER SYSTEM MANAGEMENT PLAN Table 8-1 Hydraulic Criteria for the Design of EVWD Sewer Collection System Lines Element Value Manning’s ‘n’ Factor 0.013 for all materials Minimum Pipe Size (for gravity sewers)8 inches Maximum Allowable Flow Depth Under peak design dry weather flow conditions: • d/D = 0.50 for pipes 12-inches in diameter and smaller • d/D = 0.75 for pipes larger than 12-inches in diameter • The remaining capacity is assumed to be available for wet weather flows. Minimum Velocity/Slope Gravity lines: 2 ft/sec at peak dry weather flow at build-out (2.5 ft/sec is preferred). Maximum Velocity Gravity lines: 10 ft/sec (to minimize potential for scouring) 8.3 Capital Improvement Program The 2019 Sewer System Master Plan provided recommendations to address existing and future hydraulic and capacity deficiencies found in the compilation of data and analysis of the primary sewer conveyance system using a hydraulic model. This information is used in the development of the District’s Five-Year Capital Improvement Program, which is revisited as part of the annual budget development process. The 2019 Sewer System Master Plan contains a more detailed discussion of the capacity evaluation recommendations. A copy of the plan is located on the District’s website at www.eastvalley.org. Recommended Master Plan Programs The Sewer System Master Plan identified both short- and long-term capital improvement needs. Short-Term Capital Improvements are projects that warrant immediate consideration. Long-Term Capital Improvements are more complex and will require financial planning, along with design development and implementation and project scheduling. These recommendations will continue be updated as EVWD’s CCTV program progresses. 8.3.1 Short-Term CIPs As part of the update of the Sewer System Master Plan, EVWD will develop a Short-Term CIP to correct hydraulic deficient primary sewers in the existing system or to identify potential deficiencies that may occur at these locations. The short-term CIP will identify the deficient locations, costs associated with the improvement needs, and a timeline for implementation of the projects. The deficient pipe(s) will be sized to accommodate system flows at build-out as well as to correct existing deficiencies. SECTION 8 35SEWER SYSTEM MANAGEMENT PLAN 8.3.2 Long-Term CIPs As part of the update of the Sewer System Master Plan, EVWD will develop a long-term CIP to correct hydraulic deficient sewers using a phasing system that allows the District to evaluate the improvements to accommodate system flows for build-out conditions. The long-term CIP will identify the deficient locations, costs associated with the improvement needs, and a timeline for implementation of the projects. 8.4 CIP Schedule As stated above, the short-term and long-term CIPs will include a timeline for implementation of projects. It is important to note that CIPs will be adjusted as the District gathers additional information about the system through the CCTV program and as the Sewer System Master Plan is updated. The CIP schedule is included in the annual budget document and is available for review on the District’s website. SECTION 9 36SEWER SYSTEM MANAGEMENT PLAN SECTION 9: MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS One of the critical components of a comprehensive SSMP program is the development and tracking of performance indicators. Performance indicators describe the collection system and related maintenance activities based on measurable objectives. These indicators provide information that can be used to: • Evaluate the effectiveness of operations and maintenance activities (i.e., cleaning, jetting, CCTV inspections, flow of service calls, and reports), programs, and budgets • Identify performance trends • Demonstrate compliance with the SSMP • Modify planning and operational practices to maximize system performance during audits This section contains recommendations for performance indicators specific to EVWD that will help monitor the progress and effectiveness of its SSMP program. EVWD’s initial status or rating with respect to the recommended performance indicators is presented based on system and performance data provided by EVWD. 9.1 Benchmarking Data Although it is important to tailor performance indicators to the unique characteristics of a specific system, it is also useful to develop indicators that can be used to compare performance with other collection systems. This comparison can be accomplished through benchmarking. The usefulness of a benchmarking analysis can be maximized by gathering data from systems with similar characteristics. Sometimes it is difficult to identify and collect the necessary information from agencies owning and operating similar sewer collection systems. This is because many utilities either have not kept track of the information, or are reluctant or unwilling to release sensitive information related to the performance of their wastewater collection systems. For these reasons, the benchmarking analysis in this SSMP utilizes two recent national reports that address benchmarking values for wastewater collection systems. Although these reports consider wastewater collection systems with wide ranging characteristics, the comparisons still provide useful insight as to how EVWD’s wastewater collection system performs compared to that of other municipalities. This report uses the following two reports: • “Benchmarking Performance Indicators for Water and Wastewater Utilities: Survey Data and Analyses Report. American Water Works Association, 2005.” • “Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers, 1999.” The following sections contain a brief description of the indicators investigated in each report. SECTION 9 37SEWER SYSTEM MANAGEMENT PLAN 9.1.1 American Water Works Association (AWWA) Report The AWWA Report developed performance indicators for both water and wastewater utilities. The survey sample size for the wastewater performance indicators ranged in size from 78 to 121 and included utilities of varying size from across the country. The results were reported by region (West, South, Midwest, and Northeast) as well as by service population (>500,000; 100,001- 500,000; 50,001-100,000; 10,000-50,000; <10,000). The following performance indicators related to wastewater collection systems were benchmarked in the study: • Sewer Overflow Rate - number of sanitary sewer overflows per year per mile of sewer • Collection System Integrity - number of pipe failures per year per mile of sewer • O&M Cost per Account • Planned Maintenance Ratio - ratio of planned maintenance to unplanned maintenance 9.1.2 American Society of Civil Engineers (ASCE) Report The ASCE Report focused specifically on wastewater collection systems. In addition to benchmarking performance indicators, the report also investigated maintenance practices and frequencies and attempted to correlate maintenance activities with system performance. A total of 42 agencies from throughout the country provided data that was used in the report. Table 9-1 summarizes the characteristics of the collection systems analyzed in the study. The characteristics of EVWD’s wastewater collection system are also presented for comparison. Some of the performance indicators and maintenance practices benchmarked in the ASCE Report include: • Miles of Sewer Cleaned per Year • Mainline Stoppages Cleared per Year • Percent of System Inspected by Video per Year SECTION 9 38SEWER SYSTEM MANAGEMENT PLAN • Sanitary Sewer Overflows per Year per Mile of Sewer • Pipe Failures per Year per Mile of Sewer • Customer Complaints per Year Table 9-1 ASCE Report and EVWD Collection System Characteristics Description Average from ASCE Report EVWD Population Served 619,771 102,508 Miles of Sewer 1,660 213 Average Annual Daily Flow (MGD)82.0 6.5 Number of Lift Stations 47 0 Industrial-Commercial Percentage 20.2%5.9% 9.2 System Specific Performance Indicators Although the studies mentioned above provide useful guidance, the availability of information on wastewater collection systems and sanitary sewer overflows (SSOs) is system specific and performance indicators are difficult to develop purely from a national perspective. Therefore, performance indicators were developed that recognize the size, complexity, and unique characteristics of EVWD’s wastewater collection system. Several indicators can be used to measure both the performance of the wastewater collection system and the efficiency, productivity, and adequacy of SSMP programs. The selection of indicators for a specific system depends on a variety of factors including regulatory requirements, EVWD’s operational and performance goals, and availability of data and resources. In general, indicators that describe a wastewater collection system can be grouped into the following categories: • Demographic Indicators • Budget Performance Indicators • System Performance Indicators • Staff and Equipment Performance Indicators Commented [PM4]: We are reporting 104, 000 population in the CCR if we want to be consistent. Commented [PM5]: Miles of sewer 230 SECTION 9 39SEWER SYSTEM MANAGEMENT PLAN The following sections describe the recommended performance indicators for EVWD’s wastewater collection system. EVWD’s baseline status for the indicators is also described when sufficient data is available. Benchmarking results from the AWWA Report and ASCE Report studies are presented for applicable indicators for comparison. A summary of the recommended indicators and EVWD’s current or baseline status has also been provided in Section 9.8. 9.3 Demographic Indicators Demographic indicators are used to describe the size, complexity, and growth of the collection system. This type of information is especially critical for EVWD because of continued growth and development in and around the service area. Detailed system information data will allow EVWD to optimize planning activities and maximize service. 9.3.1 Service Area Population This indicator tracks the total number of people receiving wastewater collection services from EVWD and can be used to track and forecast the demand for wastewater collection services. EVWD’s current service population is estimated to be 102,508 with a projected increase to 150,700 by the year 2040. 9.3.2 Number of Customer Accounts Similar to service area population, the number of customer accounts will provide important information about the size of the wastewater collection system. As of June 2019, EVWD had 19,125 single family residential accounts, 468 multi-family residential accounts (4 or more dwelling units) and 612 commercial/ industrial accounts, for a total of 20,205 customer accounts. 9.3.3 New Connections per Year This indicator provides a direct measure of system growth by measuring how many new customers are being added to the system. For the 2018/2019 fiscal year, EVWD reported 136 new connections. New developments are planned in the service area that could result in a significant increase in wastewater collection system connections. 9.3.4 Length of Sewers This indicator provides information on the size of the collection system. Over the past 20 years EVWD has installed approximately 100 miles of sanitary sewer. As of July 2019, EVWD has maintenance responsibility for 213 miles of sanitary sewer. It is estimated that at complete build- out the system will have approximately 280 miles of sanitary sewer. 9.3.5 Average Age of System The age of the EVWD’s wastewater collection system varies widely. Some sections are over 50- years old, while other areas have sewers that have been installed in past fifteen years. Table 9-2 below presents the length of sewer constructed in EVWD’s service area in 5-year increments during the last 50 years. Using this data, the average age of the wastewater collection system is approximately 38 years. Table 9-2 EVWD Wastewater Collection System Age SECTION 9 40SEWER SYSTEM MANAGEMENT PLAN Years Miles of Sewer Installed Percentage of System Average Age 1957-1959 66 Miles 31 +/-55 years 1960-1980 70 Miles 32 +/-44 years 1981-2016 94 Miles 37 +/-16 years Total 230 Miles 100 38 9.4 Budget Performance Indicators Budget indicators are used to monitor and track the level of funding allocated and expended on operation and maintenance of the wastewater collection system. The Capacity, Management, Operations and Maintenance (CMOM) program and SSMP program require that collection system owners or operators demonstrate that the allocation of budget resources is adequate to deliver an acceptable level of service to customers. Budget indicators can be used to help demonstrate compliance with this requirement. 9.4.1 Annual Collection System Budget per Account This indicator is defined as the total annual budget allocated to the wastewater collection system divided by the number of customer accounts. EVWD budgeted $3,172,000 to its Sewer Operation and Maintenance Fund for fiscal year 2018/19. EVWD also budgets money for sewer capital projects, but these dollars are excluded from this calculation. Given 20,205 customer accounts (see Section 9.3.2), EVWD currently budgets approximately $157 per customer account for wastewater collection system operations and maintenance. The AWWA Report contains the performance indicator “O&M Cost per Account” defined as the total O&M cost per customer account. Customer accounts included all customer classes that were billed for some or all of the reporting period. The O&M cost per account performance indicator is defined as follows: O&M cost per account = total O&M costs (less depreciation)/total number of active customer accounts The AWWA Report definition matches the definition stated in Section 9.4.1, so the benchmark analysis provides a useful comparison. Table 9-3 below summarizes the comparison between the AWWA Report results and EVWD’s results. Table 9-3 AWWA Report Benchmark Results for O&M per Account 25th Percentile Median 75th Percentile Sample Size EVWD (2019) West $168 $239 $489 40 $157 South $168 $267 $350 53 n/a Midwest $159 $266 $425 18 n/aRegion Northeast $165 $282 $303 6 n/a > 500,000 $176 $275 $350 22 n/a SECTION 9 41SEWER SYSTEM MANAGEMENT PLAN Table 9-3 AWWA Report Benchmark Results for O&M per Account 100,001 - 500,000 $157 $232 $347 41 $157 50,001 - 100,000 $186 $283 $464 20 n/a 10,000 - 50,000 $181 $274 $464 29 n/a Size < 10,000 $206 $298 $445 8 n/a All Participants $168 $272 $378 121 $157 Source: Benchmarking Performance Indicators for Water and Wastewater Utilities: Survey Data and Analysis Report. American Water Works Association 2005. Table 9-3 indicates that EVWD is currently budgeting approximately 6.5% less than average on collection system operations and maintenance than the utilities surveyed for the AWWA Report. Among agencies or municipalities of similar size, EVWD is spending is consistent with the average collection system O&M. 9.4.2 Percentage of Budget for Collection System Rehabilitation This indicator will be used to track EVWD’s commitment to sewer system rehabilitation. It should be calculated as the total budget for collection system rehabilitation and replacement divided by the total collection system budget. Budgetary data provided by EVWD indicates that approximately $605,000 was budgeted for the Sewer Replacement Fund for Fiscal Year 2018-2019. Given a total budget of $37,848,000 (see Section 9.4.1), EVWD currently budgets approximately 1.60% of its total budget to collection system replacement and rehabilitation. It should be noted that EVWD has developed a Capital Improvement Plan (CIP) based on video inspection activities as well as the Sewer System Master Plan evaluation. Capital improvement projects are noted in the annual budget as a separate expense from the operations and maintenance budget. 9.5 Staff and Equipment Performance Indicators Staff and Equipment indicators describe the staffing and equipment resources available to properly operate and maintain the wastewater collection system. Although the level of staffing and required equipment is unique to individual collection systems, it is still helpful to develop and track these indicators for analysis and comparison. 9.5.1 Population per Collection System Employee This indicator provides information on the level of staffing to complete necessary O&M activities. In order to complete this calculation, it is necessary to define who will be considered a collection system employee. There are currently 67 full time equivalent (FTE) employees in EVWD dedicated to management, operations, and maintenance of the wastewater collection system. Therefore, with 67 FTE employees and a service population of approximately 102,508 people, EVWD currently has approximately 1,530 people per collection system employee. 9.5.2 Length of Sewer per Collection System Employee This indicator provides information based on the length of sewer. EVWD is currently responsible for SECTION 9 42SEWER SYSTEM MANAGEMENT PLAN 230 miles of sewer. Assuming 67 collection system employees, EVWD has approximately 3.2 miles of sewer per employee. 9.6 System Performance Indicators Performance indicators are used to determine how well EVWD’s sewer maintenance program meets goals related to level of service, asset management, and environmental protection. 9.6.1 Sanitary Sewer Overflows per Year per Length of Sewer EVWD tracks and reports SSOs of sufficient volume to the Regional Water Quality Control Board. However, all SSOs of any volume are recorded to develop a complete data set for this performance indicator. EVWD reported zero (0) SSOs during the past five years, which is equal to an average of 0.0 SSOs per year per mile of sewer. To accurately track SSOs, it is important to adopt a specific definition of what will be considered an SSO event. For this SSMP and SSO be defined as an overflow, spill, release, or diversion of wastewater from a sanitary sewer system including overflows or releases of wastewater that reach waters of the United States; overflows or releases of wastewater that do not reach waters of the United States; and wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral. Wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned are not considered an SSO by EVWD. Both AWWA Report and ASCE Report studies provide benchmarking data on sanitary sewer overflows. In the AWWA Report an SSO was defined as the total number of sewer overflows during the reporting period per mile of pipe in the collection system. A sewer overflow was defined as a discharge from a sewer through an access whole, clean-out, pumping facility, customer floor drain, or the drain in a fixture, if that discharge was related to limitations or problems with collection or treatment system components under the control of the utility. Overflows caused by limitations or problems within customer-controlled piping and facilities were specifically excluded from the definition. The AWWA Report sewer overflow rate is defined as follows: Sewer overflow rate = 100 x total number of sewer overflows during the reporting period/total miles of pipe in the sewage collection system Given Zero (0) SSOs during the last five years, Table 9-4 summarizes the AWWA Report Benchmark results. Table 9-4 AWWA Report Benchmark Results for Sewer Overflow Rate 25th Percentile Median 75th Percentile Sample Size EVWD (2019) West 1.44 2.74 6.46 39 0.0 South 2.45 5.66 10.52 48 n/a Midwest 1 2.76 9.41 16 n/aRegion Northeast 4.43 7.61 17.48 5 n/a > 500,000 1.71 5.47 9.67 23 n/a 100,001 - 500,000 1.36 3.5 7.35 41 0.0 SECTION 9 43SEWER SYSTEM MANAGEMENT PLAN Table 9-4 AWWA Report Benchmark Results for Sewer Overflow Rate 50,001 - 100,000 1.68 2.26 8.96 19 n/a 10,000 - 50,000 2.47 7.29 15.04 23 n/a Size < 10,000 n/a n/a n/a n/a n/a All Participants 1.8 4.3 9.5 110 0.0 Source: Benchmarking Performance Indicators for Water and Wastewater Utilities: Survey Data and Analyses Report. American Water Works Association. 2005 The ASCE Report study defined a sanitary sewer overflow as a discharge of wastewater from the collection system with the potential to enter surface water courses occurring either in the collection system or in the headworks of the wastewater treatment plant. Table 9-5 below compares the results of the ASCE Report study with EVWD’s performance in the past 5 years. Table 9-5 ASCE Report Benchmark Results for Sanitary Sewer Overflows ASCE Report Sample Size 25 ASCE Report Standard Deviation 0.048 ASCE Report Range 0.002-0.17 ASCE Report Mean 0.045 EVWD Mean (2019)0.0 Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers 1999. The results presented in both Table 9-4 and Table 9-5 indicate that EVWD has experienced a lower than average occurrence of SSOs. 9.6.2 Mainline Blockages per Year per Length of Sewer A mainline blockage is defined as a significant flow restriction in a mainline sewer under EVWD’s control. Blockages can have many sources including: • Pipe Collapse • Root Intrusion • Vandalism • Fats, Oils, and Grease • Construction Debris Although blockages frequently lead to SSOs, a release of wastewater does not have to occur for an event to be considered a blockage. EVWD recorded four (4) mainline blockages since January 2009. This indicates an average of 0.8 mainline blockages per five (5) year period and 0.004 mainline blockages per five (5) year period per mile of sewer. This value is significantly lower than national and regional averages and it is recommended that an additional year of data be collected to validate the data sample used for this performance measure. SECTION 9 44SEWER SYSTEM MANAGEMENT PLAN Mainline Blockages per Year per Length of Sewer Benchmark Table 9-7 summarizes the ASCE Report results of average mainline blockages cleared per year per length of sewer by region and collection system size. EVWD’s average of 0.004 blockages cleared per year per length of sewer is significantly lower than the national and regional averages. Table 9-7 ASCE Results of Average Mainline Stoppages Cleared Sample Size Mainline Stoppages Cleared/mile/year EVWD (2014/2019) Region Central 18 0.29 n/a Northeast 3 0.20 n/a Northwest 4 0.11 n/a Southeast 4 0.36 n/a Southwest 9 0.13 0.004 Size Large 13 0.20 n/a Medium 19 0.29 0.004 Small 6 0.13 n/a Overall 38 0.23 0.004 Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers. 1999. 9.6.3 Pipe Failures per Year per Length of Sewer This performance indicator is used to measure and track the structural integrity of the wastewater collection system. For simplicity, it is recommended that pipe failure be defined as total or partial pipe collapse (loss of 50% of pipe area or 25% of pipe wall around any circumference). Pipe failures per length of sewer can be determined by dividing the total number of pipe failures per year, based on the definition stated above, by the total miles of sewer pipe in the system. EVWD is aware of one pipe collapse during the last year identified during EVWD’s video inspection program, which results in 0.005 pipe failures per mile of sewer. As EVWD continues its proactive approach to assess the condition of the wastewater collection system, this number could increase. Failures per Year per Length of Sewer Benchmark Benchmarks of collection system integrity are included in both the AWWA Report and ASCE Report. The ASCE Report defined pipe failure per year per mile of pipe using the same definition presented above. Table 9-8 summarizes the results from the ASCE Report. Table 9-8 ASCE Report Results for Pipe Failures SECTION 9 45SEWER SYSTEM MANAGEMENT PLAN ASCE Report Sample Size 29 ASCE Report Standard Deviation 0.059 ASCE Report Range 0.025 ASCE Report Mean 0.041 EVWD Mean (2019)0.005 Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers. 1999. The AWWA Report study defined collection system integrity as the total number of collection system failures during the year per mile of collection system piping. A failure was defined as a loss of capacity that resulted from a flow restriction in gravity or pressurized sewer systems. Flow restrictions could be caused by deposition of foreign materials; structural failure of pipes, appurtenances, or access holes; deterioration of collection system materials; and root intrusion. The definition excluded any failure directly caused by the action of a person authorized by the utility, such as failure caused by incidental damage during construction/ repair or an incorrectly marked location. The AWWA Report collection system integrity failure rate is defined as follows: Collection system integrity failure rate = 100 x total number of collection system failures during the year/total miles of collection system piping Table 9-9 presents the results of the AWWA Report collection system integrity failure rate results along with EVWD’s results for comparison. Table 9-9 AWWA Report Benchmark Results for Collection System Integrity Failure 25th Percentile Median 75th Percentile Sample Size EVWD (2019) West 1.7 5.6 1.2 36 0.5 South 7.3 20 54.3 49 n/a Midwest 4 8.2 33 18 n/aRegion Northeast 4.43 7.61 17.48 5 n/a > 500,000 4.6 15.8 26.3 22 n/a 100,001 - 500,000 5 9.3 24.5 40 0.5 50,001 - 100,000 2.1 8 17.6 19 n/a 10,000 - 50,000 3.9 7.2 36.8 23 n/a Size < 10,000 4.4 10.5 17.6 5 n/a All Participants 3.6 9.4 26.1 109 0.5 Source: Benchmarking Performance Indicators for Water and Wastewater Utilities: Survey Data and Analyses Report. American Water Works Association, 2005. SECTION 9 46SEWER SYSTEM MANAGEMENT PLAN 9.6.4 Flow Monitoring Events per Year Flow monitoring can be used to measure the quantity of wastewater flowing through the collection system. The frequency and extent of flow monitoring can be a useful indication of how proactive EVWD is in anticipating and preventing capacity issues. Currently, EVWD conducts flow monitoring events on main trunk lines servicing the area and on lines that may be identified as priority locations. The District has contracted for flow monitoring equipment or contract for flow monitoring data acquisition and management services beginning in 2014 through 2019 in order to gather additional flow monitoring information. Data collected from the flow monitoring program has been used to develop, calibrate, and validate a hydraulic model for the collection system. 9.6.5 Percentage of Sewers Inspected by Video per Year EVWD recognizes the importance of proactive condition assessment to ensure the continued functioning of its wastewater collection system. This performance indicator can be defined as the length of sewers inspected by video per year divided by the total length of sewers. Between FY 2014-15 and FY 2018-19, EVWD inspected 1,182,000 linear-feet of pipe (100% of the system). 2014 was the first year of the second round of videoing the entire system. The District reached its goal was to CCTV inspect 20% of the system every year and be complete with the entire system in FY 2018-19. FY 2019-20 has begun the next five-year cycle of CCTV inspections. Percentage of Sewers Inspected by Video per Year Benchmark The ASCE Report study provides benchmark data for the video inspection of sewer pipes. Table 9- 10 summarizes these results along with EVWD’s performance. Table 9-10 ASCE Report of Video Inspection Frequency Sample Size ASCE Video Inspection (% of system per year) EVWD Video Inspection (% of system per year) Region Central 19 6%n/a Northeast 3 8%n/a Northwest 4 7%n/a Southeast 4 9%n/a Southwest 9 10%20% Size Large 13 7%n/a Medium 19 6%20% Small 6 11%n/a Overall 38 7%20% Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers, 1999. The comparison presented in Table 9-10 demonstrates EVWD’s aggressive and proactive SECTION 9 47SEWER SYSTEM MANAGEMENT PLAN commitment to monitor the condition of its wastewater collection system. 9.6.6 Percentage of Sewers Cleaned per Year This indicator provides information on EVWD’s preventive maintenance program, which prioritizes cleaning areas of the system with fats, oils, grease, and root problems. EVWD reports that the current rate of mainline cleaning is up to 4,500 linear-feet per day. Assuming four days per week of cleaning at this rate, approximately 85% of the system should be cleaned each year. The ASCE Report study provides benchmark information related to sewer system cleaning. Table 9- 11 presents the average percentage of the collection system cleaned by region and system size. EVWD’s average of 80% of sewers cleaned per year is greater than the national and regional averages. Table 9-11 ASCE Report of Average Sewer Cleaning Sample Size Sewer Cleaning (% of system per year) EVWD Sewer Cleaning (% of system per year) Region Central 20 22%n/a Northeast 2 9%n/a Northwest 4 61%n/a Southeast 4 29%n/a Southwest 11 38%80% Size Large 16 27%n/a Medium 20 30%80% Small 5 40%n/a Overall 41 30%80% Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers, 1999. 9.6.7 Percentage of Sewers Lined per Year As mentioned previously, EVWD has in the past used cured-in-place plastic lining to rehabilitate areas of the system that were found to be deteriorating. This indicator tracks the percentage of the system that has been lined during this program. Since January 2014, EVWD has lined 2,615 linear feet of sewer main resulting in a system percentage of 0.23%, in the past 5 years. As EVWD’s CCTV inspection program progresses, they will identify lines in need of rehabilitation and a formal program will be developed. 9.6.8 Planned Maintenance Ratio This performance indicator measures the relative time or money spent on planned maintenance (preventive and predictive) versus unplanned maintenance (corrective and emergency). As mentioned previously, planned maintenance is generally more cost-effective, provides a higher level of service for customers, and results in better regulatory compliance. The planned maintenance ratio SECTION 9 48SEWER SYSTEM MANAGEMENT PLAN can be defined by dividing the hours or cost spent on planned maintenance by the total cost or hours on all maintenance. EVWD currently categorizes maintenance activities as planned or unplanned through the CMMS. Planned Maintenance Ratio Benchmark The AWWA Report study contains benchmark data for the planned maintenance ratio by both cost and time. The planned maintenance ratio by cost is defined as follows: Planned maintenance ratio (cost) = 100 x cost of planned maintenance I (cost of planned maintenance + cost of corrective maintenance) Table 9-12 presents the results of the AWWA Report benchmarking survey for planned maintenance ratio by hours. Table 9-12 AWWA Report Benchmark Results for Planned Maintenance Ratio (cost) 25th Percentile Median 75th Percentile Sample Size West 47.2 66.6 77.7 33 South 36 55.9 81.2 36 Midwest 32.9 55.7 77.5 16Region Northeast n/a n/a n/a 4 > 500,000 30.7 47.2 60 17 100,001 - 500,000 45.5 58 81.2 32 50,001 - 100,000 25 56.4 76.5 17 10,000 - 50,000 50 74.9 88.5 20 Size < 10,000 34.5 74.4 75 5 All Participants 36 58 80.4 98 Source: Optimization of Collection System Maintenance Frequencies and System Performance. American Society of Civil Engineers, 1999. 9.7 Summary of Current Status Table 9-13 summarizes initial values for the indicators described in the previous sections based on data provided by EVWD. The development and tracking of performance indicators is an ongoing process that requires frequent data updating and analysis. As EVWD continues to improve its program, additional data should become available to provide more in-depth analysis of performance and trends. Table 9-13* EVWD Wastewater Collection System Initial Values for Performance Indicators Indicator Description Value Service Area Population 104,000 people Number of Customer Accounts 22,656 New Connections per Year Varies SECTION 9 49SEWER SYSTEM MANAGEMENT PLAN Table 9-13* EVWD Wastewater Collection System Initial Values for Performance Indicators Length of Sewer Mains 230 miles Average Age of System 38 years Number of Lift Stations No lift stations Annual Collection System Budget per Account $8.83 Percentage of Budget for Collection System Rehabilitation 0.65% Population per Collection System Employee 1,462 people/employee Miles of Sewer Main per Collection System Employee 3.1 miles/employee AWWA REPORT Sewer Overflow Rate 2.0 ASCE Sanitary Sewer Overflows 0.0 Mainline Blockages per Year per Length of Sewer 0.004 Pipe Failures per Year per Length of Sewer 0.005 Flow Monitoring Events per Year 1 Percentage of Sewers Inspected by Video per Year 20% Percentage of Sewers Cleaned per Year 80% *Some indicators represent 2019 SSMP update 9.8 Benchmarking Conclusions This section proposed a set of performance indicators specific to the wastewater collection system in EVWD’s service area that can be used to monitor the system’s performance and effectiveness. The baseline values of the performance indicators were established based on available data provided by EVWD. The performance of EVWD’s wastewater collection system was also compared to other collection systems throughout the region and country using two recent national wastewater collection system performance reports. The results from benchmarking against these reports generally indicate that EVWD’s wastewater collection system is performing well above average. Using the proposed performance indicators, EVWD will be able to track the performance of the collection system as time goes on. Using this information, EVWD will be able to enhance its planning and operational practices in order to maximize the performance of the system and continue to meet current and future regulatory requirements. SECTION 9 50SEWER SYSTEM MANAGEMENT PLAN Recommendations for EVWD’s SSMP program enhancements, as they relate to the Monitoring, Measurement, and Program Modifications, include the following: • Conduct audits of EVWD’s SSMP program using data collected during the preparation of the annual updates to the Performance Indicator and Benchmarking Analysis. At a minimum, these audits should occur every year and a report should be prepared and kept on file. This audit should focus on evaluating the effectiveness of the SSMP Program and its compliance with the proposed regulatory requirements. The report should also include a discussion of potential deficiencies and steps to correct them. • During the internal audits required every year, prepare an internal technical memorandum that updates the Monitoring, Measurement, and Program Modifications provided within this report. Monitor the implementation and, where appropriate, measure the effectiveness of each performance measure of the SSMP program. Periodically update program elements and performance measures, as appropriate, based on monitoring or performance evaluations. • Continue to improve long term data collection efforts to enhance the quality and integrity of the data sample used for the annual Monitoring, Measurement, and Program Modifications. Develop a database for tracking long term performance measure data and benchmarking data. Goals Yes/No Responsible Person Date Completed Supporting Documentation Minimize the number and impact of sanitary sewer overflows (SSOs)Yes John Peel On-going Sewer Maintenance Logs Continue to improve customer service. Has response time improved?Yes Aida Nunez On-going Cityworks Work Orders Maintain and/or improve the condition of the collection system infrastructure in order to provide reliable service and capacity now and into the future Yes Patrick Milroy On-going CCTV and Capital Improvement Projects Work toward achieving full compliance with the Waste Discharge Regulations (WDRs)Yes Patrick Milroy On-going Sewer System Management Plan & Sewer System Master Plan Work towards improving the District’s internal systems Yes Jeff Noelte On-going Policies and Procedures, Capital Improvement Program Organization Yes/No Responsible Person Date Completed Supporting Documentation Review and Update Names of Authorized Representatives as needed Yes Rocky Welborn 2023 Sewer System Management Plan Review and Update Organization Chart as needed Yes Rocky Welborn 2023 FY 2022-23 Budget Review and Update Chain of Communications Yes Patrick Milroy 2019 Sewer System Management Plan Legal Authority Yes/No Responsible Person Date Completed Supporting Documentation Did the State/Regional Board Update Legal Requirements?No Patrick Milroy 2019 www.ciwqs.waterboards.ca.gov If so, was Ordinance No. 404 reviewed and/or updated?No Patrick Milroy N/A Has an agreement with San Manuel Indian Reservation been signed?No Patrick Milroy N/A Has an agreement with Patton State Hospital been signed?Yes Patrick Milroy 2015 Patton Service Agreement 51 FOG Control: SECAP Yes/No Responsible Person Date Completed Supporting Documentation Was flow monitoring conducted?Yes Jeff Noelte 2019 Flow Monitoring Studies Was a sewer model developed?Yes Jeff Noelte 2019 Sewer System Master Plan Were existing flows in the sewer model updates to reflect latest data?Yes Jeff Noelte 2019 Sewer System Master Plan Were future flow projections updated in the hydraulic model?Yes Jeff Noelte 2019 Sewer System Master Plan Was a CIP developed or updates to address hydraulic deficiencies?Yes Jeff Noelte 2019 Sewer System Master Plan Was a CIP developed or updated to address rehabilitation of replacement identified by the CCTV inspections?Yes Jeff Noelte 2019 Sewer System Master Plan Does the SECAP section of the SSMP need updating?Yes Jeff Noelte 2019 Sewer System Master Plan 53 54 Monitor Measure and Program Modifications Yes/No Count Gallons Responsible Person Date Completed Supporting Documentation Number of Dry Weather SSOs Number of Wet Weather SSOs Volumes of SSOs < 100 gallons 100 to 999 gallons 1,000 to 9,999 gallons > 10,000 gallons Volume of SSOs contained Volume of SSOs discharged to drainage system or surface waters Causes of SSOs Roots Grease Debris Pipe Failure Capacity Contractor Error Other SSOs per Year per Length of Sewer Mainline Blockages per Year per Length of Sewer Pipe Failures per Year per Length of Sewer Program Audits Yes/No Count Gallons Responsible Person Date Completed Supporting Documentation Was there an audit completed on the SSMP? Were there any program modifications recommended after the audit? Were the program modifications completed? SECTION 10 46SEWER SYSTEM MANAGEMENT PLAN SECTION 10: SSMP PROGRAM AUDITS Attachment 1 EAST VALLEY WATER DISTRICT Sewer System Management Plan (SSMP) 2019 Annual Audit Report The purpose of the Annual SSMP Audit is to evaluate the effectiveness of the EVWD’s SSMP and to identify deficiencies, if any, and steps to correct them. Directions: Please check YES or NO for each question. If NO is answered for any question, describe the updates/changes needed and the timeline to complete those changes in the “Description of Scheduled Updates/Changes to the SSMP” section on Page 5 of this form. YES NO Element 1 - Goals A.Are the goals stated in the SSMP still appropriate and accurate?X Element 2 - Organization A.Is the EVWD Key Staff Telephone List current?X B.Is the Sanitary Sewer Overflow Responder Telephone List current?X C.Is Figure 1 of the SSMP, entitled “EVWD Organization Chart,” current?X D.Are the job descriptions an accurate portrayal of staff responsibilities?X E.Is Table 2 of the SSMP, titled “Chain of Communication for Reporting and Responding to SSOs,” accurate and up-to-date?X Element 3 - Legal Authority Does the SSMP contain excerpts from the current Code(s) documenting the District’s legal authority to: A.Prevent illicit discharges?X B.Require proper design and construction of sewers and connections?X C.Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the City?X D.Limit discharges of fats, oil and grease?X E.Enforce any violation of its sewer ordinances?X Element 4 - Operations and Maintenance Collection System Maps A.Does the SSMP reference the current process and procedures for maintaining EVWD’s wastewater collection system maps?X SECTION 10 47SEWER SYSTEM MANAGEMENT PLAN B.Are the EVWD’s wastewater collection system maps complete, current, and sufficiently detailed?X Resources and Budget C. Does EVWD allocate sufficient funds for the effective operation, maintenance and repair of the wastewater collection system and is the current budget structure documented in the SSMP? X Prioritized Preventive Maintenance D.Does the SSMP describe current preventive maintenance activities and the system for prioritizing the cleaning of sewer lines?X E. Based upon information in the Annual SSO Report, are EVWD’s preventive maintenance activities sufficient and effective in minimizing SSOs and blockages? X Scheduled Inspections and Condition Assessments F. Is there an ongoing condition assessment program sufficient to develop a capital improvement plan addressing the proper management and protection of infrastructure assets? Are the current components of this program documented in the SSMP? X Contingency Equipment and Replacement Inventory G. Does the SSMP list the major equipment currently used in the operation and maintenance of the collection system and document the procedures of inventory management? X H.Are contingency equipment and replacement parts sufficient to respond to emergencies and properly conduct regular maintenance?X Training I.Is the training calendar current?X J.Does the SSMP document current training expectations and programs within EVWD’s sewer division?X Outreach to Plumbers and Building Contractors K.Does the SSMP document current outreach efforts to plumbers and building contractors?X Element 5 - Design and Performance Standards A. Does the SSMP contain current design and construction standards for the installation of new sanitary sewer systems, manholes and other appurtenances and for the rehabilitation and repair of existing sanitary sewer systems? X B. Does the SSMP document current procedures and standards for inspecting and testing the installation of new sewers, manholes, and other appurtenances and the rehabilitation and repair of existing sewer lines?X SECTION 10 48SEWER SYSTEM MANAGEMENT PLAN Element 6 - Overflow and Emergency Response Plan A. Does EVWD’s Sanitary Sewer Overflow and Backup Response Plan establish procedures for the emergency response, notification, and reporting of sanitary sewer overflows (SSOs)? X B. Are Wastewater Division staff and contractor personnel appropriately trained on the procedures of the Sanitary Sewer Overflow and Backup Response Plan? X C. Considering performance indicator data, is the Sanitary Sewer Overflow and Backup Response Plan effective in handling SSOs in order to safeguard public health and the environment? X Element 7 - Fats, Oils, and Grease (FOG) Control Program A.Do the Fats, Oils, and Grease (FOG) Control Program include efforts to educate the public on the proper handling and disposal of FOG?X B. Does EVWD’s FOG Control Program identify sections of the collection system subject to FOG blockages, establish a cleaning schedule and address source control measures to minimize these blockages?X C. Are requirements for grease removal devices, best management practices (BMP), record keeping and reporting established in EVWD’s FOG Control Program? X D.Does EVWD have sufficient legal authority to implement and enforce the FOG Control Program?X E.Is the current FOG program effective in minimizing blockages of sewer lines resulting from discharges of FOG to the system?X Element 8 - System Evaluation and Capacity Assurance Plan A. Does EVWD’s Sanitary Sewer Master Plan evaluate hydraulic deficiencies in the system, establish sufficient design criteria and recommend both short and long term capacity enhancement and improvement projects?X B. Does EVWD’s Capital Improvement Plan (CIP) establish a schedule of approximate completion dates for both short and long-term improvements and is the schedule reviewed and updated to reflect current budgetary capabilities and activity accomplishment? X Element 9 - Monitoring, Measurement, and Program Modifications A.Does the SSMP accurately portray the methods of tracking and reporting selected performance indicators?X B.Is EVWD able to sufficiently evaluate the effectiveness of SSMP elements based on relevant information?X SECTION 10 49SEWER SYSTEM MANAGEMENT PLAN Element 10 - SSMP Audits A. Will the SSMP Audit be submitted with the SSO Annual Report to the Regional Water Board by March 15th of the year following the end of the calendar year being audited? X Element 11 - Communication Program A. Does EVWD effectively communicate with the public and other agencies about the development and implementation of the SSMP and continue to address any feedback? X Description of Scheduled Updates/Changes to the SSMP Directions: For each NO answer, please describe the planned revision and indicate the date the revision will be completed. Reference the SSMP element and question number with each explanation. Audit results: Element 4 K SSMP does not document current outreach efforts to plumbers and building contractors, and do not intend to develop a program. The City of San Bernardino Municipal Water Department is responsible for all business coordination for the FOG Program. SECTION 11 50SEWER SYSTEM MANAGEMENT PLAN SECTION 11: COMMUNICATION PROGRAM The WDR requires that EVWD communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication program must provide the public with an opportunity to participate in the SSMP program development and implementation. The communication program must include outreach with systems that are tributary and/or satellite sewer systems. EVWD communicates on a regular basis with the public regarding its system, including ratepayers, residents, Patton State Hospital and the San Manuel Band of Mission Indians. Outreach material is both reactive and proactive based on engagement needs. In order to allow for transparent activities and convenient information the District has a website (Figure 11-1) that is accessible by the public at www.eastvalley.org. User-friendly content includes current projects and programs, key documents, and contact information in addition to other relevant information. The District has the ability to post emergency updates and alerts should the need arise. District information is shared through print materials, bill inserts, social media posts, special event participation, and educational programs. Emergency communication needs could include the methods listed above, in addition to door tags, face-to-face interactions, emergency phone notifications and mailed correspondence. Only designated staff within the Public Affairs Department or the General Manager are authorized to speak to the media on behalf of the District. Figure 11-1- Sample EVWD Website Page SECTION 11 51SEWER SYSTEM MANAGEMENT PLAN As required by the WDR, the SSMP will undergo review and revisions through internal audits every two years. The results of these audits will be available to the public for review on the District’s website. 11.1 Additional Resource The District is a co-founding member of the Emergency Response Network of the Inland Empire (ERNIE). District staff currently serve as representatives on the Steering Committee, which works to establish programming and training schedules. This group consists of water/ wastewater agencies throughout San Bernardino and Riverside Counties to build regional knowledge of Emergency Management and provide local jurisdictional mutual aid. The District is a member of the California Water/Wastewater Agency Response Network (CalWARN), which is a mutual aid network within California and is affiliated with the national program. The District is a paid member of the California Utilities Emergency Association (CUEA). CUEA is an emergency coordination group, which will facilitate communications between the District and other utilities including public agencies and private companies that provide electrical power, wastewater, petroleum pipeline, natural gas and telecommunication. The District is also members of the California Public Information Officers Association (CAPIO) along with other industry associations that can provide outreach and informational assistance in the event of an emergency. 11.2 Public Engagement Public participation is welcome at all open meetings. One means of gathering input from stakeholders is through the Community Advisory Commission. This group is a five-member appointed commission that receives updates on District activities and given opportunities to provide feedback. This information is factored into the staff recommendation taken to the Board of Directors for consideration. The EVWD Board of Directors meetings are scheduled on the second and fourth Wednesdays of each month at 5:30 pm at the District’s headquarters located at 31111 Greenspot Road, Highland, CA 92346. Board meetings are open to the public with agendas and minutes posted on the District’s website and at the facility. 11.3 Internal Communications Internal communication is critical to the effectiveness of the SSMP. Trainings and updates are provided to staff that work in areas of responsibility relating to the SSMP, especially relating to emergency response scenarios. All District staff members are trained in the NIMS/SIMS/ICS systems, with additional training unique to the roles and responsibilities. Public Affairs staff is trained in crisis communications response, including the use of a joint information center (JIC), should a major emergency take place. 52SEWER SYSTEM MANAGEMENT PLAN APPENDIX 1 Commented [RW6]: To be updated with new Ordinance. 2 SECTION 2. GENERAL PROVISIONS 2.01 Short Title - This Ordinance may be cited as "East Valley Water District Sewer Regulations and Service Charge Ordinance". 2.02 Purpose - This Ordinance is intended to provide rules and regulations for the construction, repair and use of District sewerage facilities, to establish the rates and charges for such facilities and provide for their enforcement. 2.03 Enabling Statutes - This Ordinance is adopted pursuant to the Article 2, Chapter 6, Part 1, Division 2, Title 5 of the Government Code and pursuant to Division 12 of the Water Code and pursuant to Article 4, chapter 6, Part 3, Division 5 of the Health and Safety Code. 2.04 Application - This Ordinance shall apply to all sewer facilities constructed, maintained, and operated by the District. 2.05 Enterprise - District will furnish and/or make available, a system, plant, works, and undertaking used for and useful in, the collection, treatment and disposal of sanitary sewage and industrial waste for the District's service area, including all annexations thereto, and lands, easements, rights in land, contract rights, and franchise. 2.06 Separability - If any section, subsection, sentence, clause, or phrase of this Ordinance or the application thereof to any person or circumstances are for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provision to other persons or circumstances. The governing body hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more section, sub-section, sentences, clauses or phrases be declared to be unconstitutional. 543 2.07 Words and Phrases - For the purpose of this Ordinance all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number and all words in the singular number shall include the plural number. 2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes of the governing body and certified copies hereof shall be posted in three (3) public places and/or a newspaper of general circulation in the District service area within ten (10) days following its passage. 2.09 Means Of Enforcement - The District hereby declares that the procedures contained herein are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty. 2.10 Notices - Whenever a notice is required to be given under this Ordinance, unless different provisions are specifically made herein, such notice may be made, either by personal delivery thereof to the person to be notified or by deposit in the U.S. Mail in a sealed envelope, postage prepaid, addressed to such person at his last known business or residence address as the name appears in public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving any notice may be made by the certificate of any officer or employee of the District or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Ordinance or other provisions of law applicable to the subject matter concerned. 2.11 Effect of Heading - The title, division or section headings contained in this Ordinance shall not be deemed to govern, limit or modify in any manner the scope, meaning or intent of any section or subsection of this Ordinance. 554 SECTION 3. DEFINITIONS 3.01 Additional Definitions - For the purpose of this Ordinance, additional terms shall have the meaning indicated in Chapter 1 of the Uniform Plumbing Code, 2000 Edition, adopted at the 70th Annual Plumbing Conference in 1999, as compiled by International Association of Plumbing and Mechanical Officials Association ("UPC"), together with all subsequent amendments thereto, copies of which are on file with the Secretary. 3.02 Applicant - Shall mean the person making application hereunder and shall be the owner of the premises involved, or his authorized agent, so authorized in writing to the District, or a licensed plumber or contractor. 3.03 Bathroom - Shall mean a room containing a toilet. 3.04 Board - Shall mean the Board of Directors of the East Valley Water District. 3.05 Building - Shall mean any structure used for human habitation or a place of business, recreation or other purpose. 3.06 Building Sewer - Shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and running to the property line. 3.07 City of San Bernardino Municipal Water Department - Shall mean the authority and operator of the publicly owned treatment facilities for treating the District's sanitary sewage waste. 3.08 Combined Sewer - Shall mean a sewer receiving both surface water runoff and sewage. 3.09 Commercial - Shall be any discharge not covered by the residential description. This shall include, but not limited to, apartments, trailer parks, schools, stores and businesses and others not covered by the residential description. 56 5 3.10 Contractor - Shall mean an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit. 3.11 County - Shall mean the County of San Bernardino, California. 3.12 Customer - Any person (as defined) supplied with, or entitled to be supplied with sewer service by the District. 3.13 Director of Water Reclamation -The Director, or his•authorized Representative, or any City officer who subsequently is empowered to assume or succeed to the duties of the Director of the Publicly owned treatment works of the City of San Bernardino Municipal Water Department. 3.14 District - Shall mean the East Valley Water District, San Bernardino County, California. 3.15 District Engineer - Shall be a Registered Civil Engineer of the State of California. 3.16 Engineering Services - Engineering services provided by the District to include technical and procedural guidance, professional consultant services, project coordination and plan checking. 3.17 Equivalent Dwelling Unit (EDU} - Shall mean the standard measurement of flow based upon the average single family residence. 3.18 Financial Officer - Shall be the Treasurer appointed by the Board of Directors. 3.19 Fixture - Shall mean any sink, tub, shower, water closet or other facility connected by drain to the sewer. 3.20 Garbage - Shall mean solid wastes from the preparation, cooking, dispensing of food and from the handling, storage and sale of produce. 3.21 General Manager - Shall mean the General Manager of the District. 575 7 3.22 Governing Body - Shall mean the Board of Directors of the East Valley Water District. 3.23 Inspector - Shall mean the person who shall perform the work of inspecting sewerage facilities under the jurisdiction or control of the District. 3.24 Individual Sewage Disposal System - Shall mean a septic tank and on- site disposal system designed for a building to dispose of waste water generated on the property. 3.25 Lateral Sewer - Shall mean the portion of sewer lying within a public right- of-way or easement connecting a building sewer to the main sewer. 3.26 Living Unit - Shall mean any residence, apartment, habitation or other structure designed to be occupied by a person or family and requiring sewage disposal service. 3.27 Main Sewer - Shall mean a public sewer designed to accommodate more than one lateral sewer. 3.28 Permit - Shall mean any written authorization required pursuant to this or any other regulation of the District. 3.29 Person - Shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a district and any political subdivision or governmental agency. 3.30 Premises - Shall mean a lot or parcel of real property under one ownership, except where there are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings may be classified as single premises. 3.31 Public Sewer - Shall mean a sewer lying within a public right-of-way or easement which is controlled by or under, the jurisdiction of the District. 58 5 8 3.32 Residential - Shall be any single, duplex, or triplex family unit not requiring licensing for occupancy and operation. 3.33 Sanitary Sewer - Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. 3.34 Secretary - Shall be the Secretary to the Governing Body. 3.35 Separate Sewer Connection - A sewer connection shall not be used by any adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one property or individual parcel. 3.36 Sewage - Shall mean refuse liquids or a combination of water-carried wastes from residences, business buildings, public buildings, institutions and industrial establishments. 3.37 Sewage Treatment Plant - Shall mean arrangement of facilities and operations used for treating sewage. 3.38 Sewage Works - Shall mean all facilities for collecting, pumping, treating and disposing of sewage. 3.39 Sewer - Shall mean a pipe or conduit for carrying sewage. 3.40 Sewer Department - Shall mean the Board of Directors of the District performing functions related to the District's sewer service, together with the General Manager, the Chief Financial Officer, the District Engineer, and any other duly authorized representatives. 3.41 Side Sewer - Shall mean the sewer line beginning three feet outside the foundation wall of any building and terminating at the main sewer and include the building sewer and lateral sewer together. SECTION 4. SEWER DEPARTMENT 4.01 Creation - A Sewer Department is hereby created comprised of the Directors, the General Manager, the Financial Officer, the District Engineer and other employees and assistants as may be hired therefor. 59 5 9 4.02 General Manager - The General Manager, as provided for in the Water Code, shall have full charge and control of the maintenance, operation and construction of the sewer works and sewer collection system of the District. 4.03 District Engineer - The position of District Engineer is hereby created. The District Engineer shall regularly inspect all physical facilities related to the District sewer collection system, to see that they are in good repair and proper working order, and to note and report violations of any ordinances or sewer regulations. 4.04 Violation, Repairs - The District Engineer shall promptly report any violation or disrepair to the General Manager. If the work required is in the nature of an emergency, he shall take whatever steps are necessary to maintain service to consumers pending action by the General Manager. 4.05 Supervision - The District Engineer shall supervise all repair or construction work authorized by the Board or the General Manager, and perform any other duties prescribed by the Board or the General Manager. 4.06 Performance of Duties - The foregoing duties of the District Engineer may be performed by the General Manager or by an additional employee or employees, as designated by the District Engineer of General Manager. 4.07 The Financial Officer - The Financial Officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District. The Financial Officer shall compute, prepare, and mail bills as hereinafter prescribed, make and deposit collections, maintain proper books of accounts, collect, account for, and do whatever else is necessary or directed by the General Manager to set up and maintain an efficient and economical accounting system, and perform any other duties now and hereinafter prescribed by the Board of Directors. 60 6 0 SECTION 5. GENERAL RULES 5.01 Standards - The Uniform Plumbing Code, 2000 Edition, adopted at the 70th Annual Conference in 1999, as compiled by International Association of Plumbing and Mechanical Officials ("UPC"), together with all subsequent amendments thereto relating to sewers, and the following rules and regulations respecting sewer construction and disposal of sewage and drainage of buildings, and connection to the sewage works of the District are hereby adopted, and all work in respect thereto shall be performed as herein required and not otherwise. The Governing Body may, from time to time, adopt standard requirements for the design construction, repair and maintenance, or connection to the District sewer system. 5.02 Violation Unlawful - Following the effective date of this Ordinance, it shall be unlawful for any person to connect to, construct, install, provide, maintain or use any other means of sewage disposal from any building in the area served with sewers by said District except by connection to a public sewer in the manner as provided for in this Ordinance. Any violation of this Ordinance will be subject to the provisions of this section at the discretion of the General Manager, Financial Officer, or District Engineer. 5.03 Notice - Wherever, or whenever, practicable under the particular circumstances of the situation and pursuant to the discretion of the General Manager, Financial Officer, or District Engineer, any person found to be violating any provisions of this or any other ordinance, resolution, rule or regulation of the District shall be served by the Inspector or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two, nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, rule or regulation of the District 61 61 of any defect arising in any sewer or of any violation of this ordinance, the person or persons having charge of said work shall immediately correct the same. 5.04 Protection from Damage - No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the District's sewerage works. Any person violating ·this provision shall be subject to the penalties provided by law. 5.05 Investigation Powers - The officers, inspectors, managers, employees and any duly authorized agents of the District shall carry evidence establishing his/her position as an authorized representative of the District and, upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and properties to which the District is furnishing sewer service, or has been requested to furnish sewer service, for the purpose of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the District, pursuant to the authorization contained in the required application for sewer service. 5.06 Public Nuisance - Continued habitation of any buildings or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulation of the District is hereby declared to be a public nuisance. The District may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. 5.07 Disconnection - As an alternative method of enforcing the provisions of this or any other ordinance, rule or regulation of the District, the District shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. 62 62 5.08 Abatement - During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the District shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the District, a reasonable attorney's fee and cost of suit arising in said action. 5.09 Water Cut-Off - As an alternative remedy for such violations the District may cause District water service to said premises to be discontinued during the period of violation. 5.10 Unconnected and Unoccupied Buildings - In the event that owners of any buildings or facilities have failed to connect to the public sewer after receipt of official notice to do so, the District will be unable to bring abatement actions if such buildings are unoccupied. To prevent the sale of such buildings to persons with no knowledge of such, the District will record such notices with the County Recorder of San Bernardino County. The District Secretary is authorized and directed to cause a Notice of Necessity of Connection to Public Sewer to be prepared with reference to those unoccupied properties and buildings within the sewer District which have not been connected to the District public sewer within thirty days after the giving of Official Notice to so connect; to sign such Notices; to acknowledge such Notices; and to record the same with the County Recorder of San Bernardino. 5.11 Damage to Sewer System Facilities - The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licenses or permittees. The District shall be promptly reimbursed by the customer for any such damage upon presentation of a bill. 6363 5.12 Means of Enforcement Only - The District hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. 5.13 Liability for Violation - Any person violating any of the provisions of the ordinances, rules or regulations of the District shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. 5.14 Relief on Application - When any person, by reason of special circumstances, is of the opinion that any provision of the ordinances, rules or regulations of the District is unjust or inequitable as applied to him/her, or his/her premises, he/she may make written application to the Governing Body stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to him/her, or his/her premises. If such application be approved, the Governing Body may, by resolution, suspend or modify the provision complained of, as applied to such person or premises, to be effective as of the date of the application and continuing during the period of the special circumstances. 5.15 Relief on Own Motion - The Governing Body may, on its own motion, find that by reason of special circumstances, any provision of its ordinances, rules or regulations should be suspended or modified as applied to a particular person or premises and may, by resolution, order such suspension or modification for such person or premise during the period of such special circumstances or any part thereof. 5.16 Permits Required - No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the District and paying all fees and connection charges and furnishing bonds as required. The provision of this Section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the District. 64 64 SECTION 6. REQUIRED USE OF PUBLIC SEWERS 6.01 Required Treatment of Wastes - Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage within the District where District sewer facilities are available and hereinafter described for such disposal purposes. 6.02 Sewer Required - The owner of any building or structure occupied by humans, situated within the District and abutting on any street or easement in which there is a public sewer of the District, is hereby required at his expense to connect said building directly with the sewers of the District, in accordance with the provisions of this Ordinance, within thirty (30) days after the date of official notice to do so, provided that said public sewer is within two hundred (200) feet of the nearest point of the property on which the building or structure is located. This requirement shall also be applicable to any commercial, industrial and public buildings or institutions, to connect to said sewer system upon notice as herein provided. 6.03 Construction Requirements - Construction of building sewers and lateral sewers shall be in accordance with the requirements hereof. 6.04 Separate Sewers - Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, one or more buildings located on a lot or parcel of land belonging to the same owner may be served with the same side sewer during the period of ownership. Upon the subsequent subdivision of said lot and sale of a portion thereof, the portion not directly connected with such public sewer shall be separately connected with a public sewer, and it shall be unlawful for the owner thereof to continue to use or maintain such indirect connection. 65 65 6.05 Old Building Sewers - Old building side sewers may be used in connection with new buildings only when they are found, upon examination and test by the Inspector, to meet all requirements of the District. 6.06 Cleanouts - Cleanouts in building sewers shall be provided where the building sewer joins the building outlet and in accordance with the Uniform Plumbing Code. All cleanouts shall be maintained watertight. 6.07 Plumbing Too Low - In all buildings in which the plumbing system is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building sewer shall, upon authorization of the General Manager or District Engineer, be lifted by artificial means and discharged to the public sewer at the expense of the owner. 6.08 Connection to Public Sewer - The construction of the lateral sewer and the connection thereof into the public sewer, shall be made by a licensed plumber or contractor. Said connection shall be connected at the lateral or "Y" branch, if such lateral or "Y" branch is available at the suitable location. Where no properly located "Y" branch is available, a connection with the public sewer may be made to receive the lateral sewer. The invert of the building or lateral sewer at the point of connection shall be at a higher elevation than the invert of the public sewer. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in accordance with District standards. The connection to the public sewer shall be made in the presence of the District Inspector and shall be subject to his approval. Any damage to the public sewer shall be repaired at the cost of the applicant, to the satisfaction of the Inspector. 6.09 Protection of Excavation - All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District and any other person having jurisdiction thereover at the sole expense of the person responsible for such installation. 66 66 6.10 Maintenance of Side Sewer - Side sewers shall be maintained by the owner of the property served. 6.11 Indemnification - The owner of the property and the person making the connection shall be obligated to hold the District, its officers, agents and employees harmless of and from all loss or liability which shall occur or arise by reason of the installation of the lateral sewer and the opening of the easement and the backfill and restoration of the pavement. SECTION 7. USE OF PUBLIC SEWERS 7.01 Requirements - All applicable requirements of the City of San Bernardino regarding the use of public sewers are hereby incorporated herein by this reference. 7.02 Sewer Permit Required - No person shall uncover, make any connection with or opening into, use, cap, alter or disturb any public sewer or appurtenances without first obtaining a written sewer permit from the District. 7.03 Application for Sewer Permit - Any person seeking a sewer permit shall make such application to the District for that purpose. He/she shall give a description of the character of the work proposed to be done, the location, ownership, occupancy and use of the premises to be served and the name and address of the person who shall make the connection. The District Engineer may require plans, specifications or drawings and such other information as he may deem necessary or permitee shall comply with specifications of the District. If the District determines that the plans, specification, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the District, it shall issue the sewer permit applied for upon payment of the required fees therefore. 7.04 Compliance with Sewer Permit - After approval of the application evidenced by the issuance of a sewer permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as 67 67 shown on the plans and specifications for which the sewer permit was issued except with written permission from the District, the District Engineer or other authorized representatives. 7.05 Agreement - The applicant's signature on an application for any sewer permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other ordinance, rules and regulations of the District, and with the plans and specifications he has filed with this application, if any, together with such corrections or modifications as may be made or permitted by the District, if any. Such agreement shall be binding upon the applicant and may be altered only upon the written request from the applicant for the alteration. 7.06 All Work to be Inspected - All sewer connection work over which the District has jurisdiction shall be inspected by the District to insure compliance with all requirements of the District. No such sewer connection work shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the District's public sewer until the work has been completed, inspected and approved by the District. 7.07 Notification - It shall be the duty of the person doing the work authorized by the sewer permit to notify the District Office that said work is ready for inspection. Such notification shall be given not less than forty-eight (48) hours before the work is to be inspected, excluding weekends and holidays. 7.08 Condemned Work - When any work has been inspected and the work condemned and no such certification of satisfactory compliance given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the District. 7.09 Liability for Costs - Both the owner and the person making the connection shall be liable to the District for all fees, costs, and expenses incident to the work for 68 68 which a sewer permit shall be issued. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work. 7.10 Outside Sewers - Permission shall not be granted to connect any lot or parcel of land outside the District to any public sewer in, or under, the jurisdiction of the District unless a sewer permit therefore is obtained. The applicant shall first enter into a contract in writing whereby he shall bind himself, his heirs and successors and assigns to abide by all ordinances, rules and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith, and also shall agree to pay all fees required for securing the sewer permit and a monthly fee in the amount set by the District for the privilege of using such sewer. 7.11 Sewer Permit Optional - The granting of such permission for an outside sewer in any event shall be optional with the Governing Body. 7.12 Special Outside Agreements - Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the District. 7.13 Street Excavation Permit - A separate permit must be secured from the City, the County or any other person having jurisdiction therefor by the owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. 7.14 Liability - The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of, the performance of any work by any such applicant. The applicant shall be answerable for and shall hold the District and its officers, agents and employees, harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in 69 69 defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. 7.15 Time Limit on Sewer Permits - If work under a sewer permit is not started within twelve (12) months from the date of issuance, or if after partial completion the work is discontinued for a period of one (1) year the sewer permit shall thereupon become void and no further work shall be done until a new sewer permit shall have been secured. A new fee shall be paid upon the issuance of said new sewer permit. SECTION 8. APPLICATION FOR SEWER SERVICE 8.01 Application - A property owner or his/her agent, designated in writing, shall make application for regular sewer service by personally signing a Water/Sewer Service Order form provided by the District. 8.02 Sewer Service To Customers Other Than Property Owners - Sewer service to other than property owners shall be made as follows: 8.02.01 Property Owner's Signature - If the property owner rents the premises to a tenant, the tenant may have sewer service and other services instituted in the tenant's name, provided that reasonable efforts are made to secure the property owner's signature on the application for service and the tenant provides the District with a copy of rental agreement. In any event, the tenant must provide the District with the property owner's name, mailing address and telephone number. 8.02. 02 Owner Responsibility - Whether or not a property owner signs the District's application for service form, the property owner is not relieved of his or her responsibility for unpaid sewer charges for the subject property as provided in this ordinance and pursuant to California Water Code Section 31701.5. 8.03 Payment of Delinquent Charges - As a precondition to receiving sewer service from the District, the applicant for service shall pay any and all unpaid charges that have accrued on any closed accounts previously held by the applicant with the 7070 District, as well as pay any and all delinquent charges that have accrued on any open accounts currently held by the applicant with the District. 8.04 Security Deposit - A security deposit for each single family unit, each commercial or retail unit, or a multi-unit complex shall be deposited at the time application for sewer service is made. The District may, at its sole election, include the required security deposit on the customer's first billing invoice. 8.04.01 Single Family Residential - A security deposit for a single family residential unit may not be required if the person requesting service is a new residential applicant who is determined by the District to be creditworthy. The determination of an applicant's credit worthiness shall be based solely upon criteria developed by the District and may be appealed in the manner set forth in Section 10 herein. However, during the life of the account, the District may, in its sole discretion, require any customer, regardless of whether he or she was previously found to be creditworthy, to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period or as-a precondition to reinstatement of service anytime after being locked off for nonpayment. 8.04.02 Security Deposit Refund - Refunds of security deposit refunds will be performed in the manner set forth below. Such refunds will be credited to any account held by the customer with the District in lieu of a refund check. Interest on the security deposits shall remain the sole property of the District and will not be included in any refund. 8.04.02.01 Single Family Residential- The District shall refund each Security deposit to a residential customer as follows: a.Where funds have been on deposit for one year in a customer's account and there have been no delinquency payments on any of the customer's accounts with the District during that year. However, the District may, at its sole option, require any customer to post a full security deposit with the District any time there are 7171 three (3) delinquencies within any consecutive six (6) month period, or as a precondition to reinstatement of service anytime after being locked off for nonpayment. b.Within thirty (30) days after the applicant provides written notice to terminate sewer services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum, if any, is refunded to the customer. 8.04.02. Commercial, Retail or Industrial - The District shall refund the security deposit for commercial, retail or industrial connections as follows: a.Where funds have been on deposit for one year in a customer's account and there have been no delinquencies on any of the customer's accounts with the District during that year and upon the customer's request, one-half of the deposit will be refunded to the customer by means of a credit on the account. However, if the customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the credited amount. b.Within thirty (30) days after the applicant provides written notice to terminate sewer services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum is refunded to the customer. 8.05 Changes In Customer's Equipment - Customers making any material change in the size, character of, extent of the equipment or operations utilizing sewer service, or whose change in operations results in a significant increase in the quantity or quality of sewage, shall immediately give the District written notice of the nature of the change and, if necessary, amend their applications and discharge permits if applicable. 8.06 Domestic, Commercial And Industrial Service Connections - It shall be unlawful to maintain a sewer connection except in conformity with the following: 72 72 8.06.01 Multiple Buildings - Multiple house or buildings under one ownership and on the same lot or parcel of land may be supplied through the same sewer connection, provided that the service connection shall be of such size to adequately serve said houses or buildings. 8.06.02 Separate Sewer Connection - A sewer connection shall not be used by an adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one lot or individual parcel. 8.06.03 Divided Property - When property provided with a sewer connection is divided, each service connection shall be considered as belonging to the lot or parcel of land which it directly enters. 8.07 Main Extension Required - All main extensions shall be made in accordance with the policies of the District upon application for service and payment of required charges. 8.07.01 Application -Any owner of one or more lots or parcels or sub divider of a tract of land, desiring the extension of one or more mains to serve such property shall make a written application to the District. Said application shall contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the District, and be accompanied by a map showing the location of the proposed connection. Main extensions will normally be constructed by owner or sub-divider. 8.07.02 Investigation - Upon receipt of an application requesting the District to install facilities, the District shall make an investigation and survey of the proposed extension and estimate the cost thereof. 8.07.03 District Lines - All sewer main extensions shall be in accordance with the rules, regulations, specifications, and ordinances of the District and shall be the property of the District. 7373 8.07.04 Specifications and Construction - The size, type and quality of materials and location of the sewer lines shall be to District specifications as adopted. For sewer lines not installed by the District, the sub-divider shall be responsible for employing a licensed contractor to install the required sewers. All work shall be inspected and approved by the District. 8.07.05 Property of District - Upon completion of such installation, the facilities shall be dedicated to and become the property of the District. 8.07.06 Offer of Dedication - Forms for offer of dedication shall be provided by the District. Se"'(er plans shall be signed by a Registered Civil Engineer and returned to the District. Sewer plans will not be filed or approved until compliance has been met herewith. 8.07.07 Form of Offer of Dedication - Offers of sewer dedication shall be on District forms in accordance with the latest "Standard Requirements for the Design and Processing of Sanitary Sewer Plans". 8.07.08 Engineering Services - Engineering services provided by The District to include technical and procedural guidance, professional consultant services, project coordination and plan checking. 8.07.09 Construction Permit - Applicant or his/her authorized agent shall make application for a Construction Permit in accordance with the latest "Standard Requirements for the Design and Processing of Sanitary Sewer Plans" of the District. 8.08 Dry Sewers Required - Any division of land or development involving five (5) or more units within the jurisdiction of the East Valley Water District which is greater than 500 feet from an existing sewage collection facility, may be allowed to use individual sewage disposal systems, provided: 8.08.01 A "dry" sewer collection line is installed in the public right-of-way to the specifications of the District Engineer with the capacity for all sewage generated by the subdivision, and 74 74 8.08.02 The "dry" sewer includes lateral lines to within five (5) feet of the septic tank to be installed on each lot, and 8.08.03 Plugs and seals are placed on the "dry" sewers to prevent unauthorized connection. 8.09 Payment of Capacity Fees and Abatement Fees - The developer shall pay to the District the appropriate capacity fees and connection fees, plus a fee established from time to time by the Board of Directors which shall be used for the proper abandonment of the individual sewage disposal system. 8.10 Dedication of Dry Sewers to District - The developer shall agree that the facilities installed in the public right-of-way be dedicated to the District as provided in Section 8.07.06 herein and after inspection by the District Engineer. 8.11 Dedication of Right of Access - The developer shall grant to the District a right of access to the individual sewage disposal system on each lot and have this right of access recorded as part of the final tract map or other instrument, and provide written notification to the purchaser of each unit of the development. 8.12 Connection to Sewage Collection Facilities - When sewer collection facilities are available to the development, the District shall have the right to declare the use of the individual sewage disposal system a public nuisance and enter onto the property for the purpose of connecting the premises to the sewer collection system and properly abandoning the individual sewage disposal system without additional cost to the owner of the premises. Provided, however, that the District shall not be obligated to remove, reconstruct, relocate, or otherwise modify any structure, tree, bush or appurtenance of any kind whatsoever in making the connection and properly abandoning the individual sewage disposal system. 8.13 Sewer Permit to Connect - The District shall require the owner, or occupant, of the building to be connected to obtain a sewer permit from the District for such connection. No fees shall be charged for such sewer permit if they have been paid 75 75 pursuant to Section 8.09 herein. The applicant for the sewer permit shall specify in writing that they will indemnify and hold the District harmless in making the connection to the sewage collection facility and abandoning the individual sewage system. 8.14 Minimum Individual Sewage Systems Required - Whenever the use of individual sewage disposal systems are installed in connection with "dry" sewers, the District will not agree that any such system be installed which is less than the minimum requirements for the type of system which is designed for use on this development. SECTION 9. CUSTOMER BILLING PROCEDURES 9.01 Establish Rates and Charges - The Board of Directors shall from time to time establish rates and charges for sewer and other service provided by the East Valley Water District by Ordinance. 9.02 Charges - Sewer charges shall begin when a sewer service connection is installed. Thereafter, the District may transfer to the account which is established for such service any delinquent and/or unpaid charges from other closed or open accounts which are held by the customer and/or property owner with the District. 9.03 Liability For Sewer Service - The property owner shall be held liable for sewer service charges until such time as the District is notified in writing to discontinue service or to transfer the account to another property owner. 9.04 Liens For Unpaid Bills - All unpaid bills will be made a lien against the property pursuant to these rules, regulations and California Water Code Section 31791.5, et.seq. Delinquency charges may be applied to unpaid liens. 9.05 Owner Liability - The property owner remains responsible for all charges owed to the District whether or not the property owner actually lives on the premises, or signs the application for sewer service form. 9.06 Billing Period - The regular billing period will be monthly. 76 76 9.07 Opening and Closing Bills - Opening and closing bills for residential accounts less than the normal billing period shall be pro-rated. Commercial accounts shall be billed based upon actual water consumption. 9.08 Payment Of Bills - Bills for sewer service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the final due date, the bill shall become past due and delinquent. 9.09 Delinquency Notice - A delinquency notice shall be mailed to customers whose accounts are delinquent, warning that service will be "discontinued" unless payment is made within fifteen (15) calendar days from the date of mailing of the delinquent notice. The delinquency notice shall indicate the amount due, including delinquent charges and the total amount which must be paid. 9.10 Removal of Delinquency - At the end of each calendar year the District shall remove one delinquency from the record of each account that has one or more delinquencies. 9.11 Suit - All unpaid rates and charges and penalties herein provided may be collected by suit. 9.12 Costs - Defendant shall pay all costs of suit in any judgment rendered in favor of District. 9.13 Upon Vacating Premises - Customers desiring to discontinue service should so notify the District three (3) business days prior to vacating the premises. Tenants shall be liable for on-going charges whether or not the sewer is used, up to the time of requested discontinuance of service. Owners shall be liable for on-going charges between tenancy, and in the event of sale, up to the date title to the property is transferred to a new owner. 9.14 Collection With Other Utility Charges Of Entity - Where the person charged is a user of another utility owned and operated by the District the charges shall 77 77 be collected together with and not separately from the charges for the other utility service rendered by it. They shall be billed upon the same bill and collected as one item. SECTION 10. COMPLAINTS AND DISPUTED BILLS 10.01 Right to Meet - The customer has the right to meet with the Financial Officer or General Manager to present any evidence supporting a complaint with regard to sewer service, District rules, regulations, resolutions or ordinances, or to dispute the accuracy of a bill for service or other charges. 10.02 Arrangement Of Meeting - To arrange such a meeting the customer shall contact the District office, either in writing or by telephone during normal business hours. 10.03 Presentation Of Evidence - The customer may be accompanied by a friend, attorney, or other representative to meet with the Financial Officer, or General Manager, and may present any evidence they may have to support their position. 10.04 Unresolved Disputes - If the customer is unable to resolve his/her dispute with the Financial Officer or General Manager he/she may submit the complaint in writing, along with a full and detailed explanation to the Board of Directors for resolution. 10.05 Appearance Before The Board of Directors - The customer may appear before the Board of Directors at the next regularly scheduled Board meeting by notifying the District Secretary in writing prior to the Board meeting of the date he/she would like to attend and what the dispute regards. The customer may then present the complaint and any evidence in support of his/her position and ask for a decision by the Board. 10.06 Delays On Action - The Board shall act promptly to resolve the dispute, but may delay a resolution of the dispute to the time of its next regular meeting in order to investigate the dispute or receive special reports related to the dispute. 10.07 Further Delays - Any further delays must be freely and willingly agreed to by the customer. 78 78 10.08 Decision Of The Board - The decision of the Board of Directors shall be final. Should the Board not render a decision within sixty (60) days of the customer's application to the Board, this failure to act shall be deemed a denial of the requested action, unless both parties have agreed to extend the resolution period. 10.09 Discontinuance Of Service - No sewer or other service shall be discontinued pending the final resolution of a dispute. SECTION 11. DISCONNECTION FOR NONPAYMENT 11.01 Disconnection For Non Payment - Sewer service shall be discontinued if payment for sewer service is not made within fifteen (15) calendar days of the date of mailing the delinquent notice. At least forty-eight (48) hours prior to termination, the District will make a reasonable attempt to notify the resident of the affected property by delivering, or causing to be delivered, a final disconnect notice to the property. At no time shall the District discontinue sewer service at a time when the District offices are closed. 11.01.01 Tenant Accounts - If sewer and other services to an account held in a tenant's name are discontinued for non-payment, the account can be transferred, at the Discretion of the District, to the owner's name prior to reconnection of service. The account will remain in the owner's name as long as the tenant occupies the premises. 11.02 Complaint Procedure For Disconnection - Service disconnection for non-payment of bills or for violation of any of the District's rules, regulations, ordinances or resolutions is subject to the complaint procedures specified in Section 10 herein. 11.03 Refusal Or Neglect To Pay Debt - Any amount due is a debt to the District and any person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil action for the amount due in a court of competent jurisdiction. 11.04 Lien Against Property For Non-Payment - Any unpaid debt will be deemed a lien against the real property to which service is rendered as specified herein and California Water Code Section 31701.5 et.seq. 79 79 11.05 Service Charges For Violations - If sewer service is discontinued for violation of any of the District's rules, regulations, resolutions or ordinances, service shall not be re-instituted until the violations have been corrected and all applicable service charges and fees as provided for herein are paid either by money order, cashiers check or cash. 11.06 Partial Payments - A partial payment of a delinquent account may be accepted and credited to a customer's account, but such partial payment shall not be cause for removing the account from a delinquent status and shall not preclude the sewer service from being disconnected for delinquency. 11.07 Authorization For Continuance Of Service For Delinquent Accounts - The General Manager, or his designee may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the District have been established. SECTION 12. ADDING DELINQUENT CHARGE TO TAX ROLL 12.01 Report Of Delinquent And Unpaid Charges - A report of delinquent and unpaid charges for sewer and other services which have been unpaid and delinquent for sixty (60) days or more on July 1st of each year shall be prepared and submitted to the Board for consideration as tax liens. The unpaid delinquent charges listed in said report for each parcel of property shall be fixed at the amount listed in said report. 12.02 Adoption And Filing Of Report - The Secretary shall file with the County Assessor of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino, in the time and manner specified by the County Assessor and Board of Supervisors, a copy of such written report with a statement endorsed thereon over the signature of the Secretary, that such a report has been finally adopted and approved by the Board of Directors and that the County Assessor shall enter the amount of such charges against the respective lots or parcels of land as they appear on the current assessment roll. 80 80 12.03 Collection Of Delinquent And Unpaid Charges - The amount of any charges for sewer and/or other services included in the report prepared and submitted pursuant to Sections 12.01 and 12.02 above shall be added to, and become a part of, the annual taxes next levied upon the property upon which the sewer service for which the charges are unpaid was used, and upon the property subject to the charges for any other District services, and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien securing such annual taxes as provided in Section 11.04 above. SECTION 13. CHARGES AND DEPOSITS 13.01 Adoption - The amount of all charges and deposits described herein shall be adopted by separate Ordinance. 13.02 Sewer Service Connection Charges - The sewer service connection charge is a charge for connecting to the District's existing sewer system and for that incremental portion of the system's capacity that will be used by the new connection. Such regular charge shall be paid in advance by the applicant 13.03 Monthly Sewer Charge - The monthly sewer charge includes, 1) Collection Charge established to maintain the District's wastewater collection lines, and 2) Treatment Charges adopted to pay charges established by the City of San Bernardino for the operation and maintenance of wastewater facilities. The collection charge shall apply whether or not premises connected to the collections system are occupied. 13.04 Disconnect Notice Charge - The disconnect notice charge is the charge which covers reasonable District costs to notify customers that their sewer service is subject to impending termination. 13.05 Verification Charge - The verification charge is the charge which covers reasonable District costs to make follow up attempts to contact the customer by mail, and attempts to make personal contact, and to verify and mark the location of the sewer service lateral. 81 81 13.06 Disconnect/Reconnect Charge - The disconnect/reconnect charge is the charge which covers the reasonable District costs of disconnection and reconnection of service connections which are in violation of the provisions contained herein. 13.07 Inspection Charge - Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection. 13.08 Security Deposit - The Security Deposit insures payment of minimum District charges. Upon discontinuance of service, the security deposit shall be applied to reduce any unpaid charges outstanding on any accounts held by the customer with the District. The amount of the deposit required shall be established by the Board of Directors in the ordinance on fees. The security deposit shall be refunded to the customer as provided in Section 8.04.02 herein. 13.09 Service Initiation Charge - The service initiation charge is the charge which covers the reasonable District costs for initiating sewer service. 13.10 Special Facility Charge - A Special Facility Charge shall be required for development of limited service areas whenever special facilities are required. The charge to be made to a Developer or Owner of land that is considered by the District to be within a limited service area shall be based upon the Developer's or Landowner's proportionate share of the cost for the installation of such Special Facility. Such proportionate share to be borne by the Developer or Landowner shall be based on the percentage of such development to the entire limited service area to be served by the Special Facilities; and the difference between the cost of facilities to serve the same number of acres or area under normal conditions and the cost of facilities to serve the acreage or area under special conditions at a higher cost. 13.11 Engineering Services Charge - The Engineering Services charge is a fee for the District's time and effort spent on assisting customers who have a requirement to construct sewer extensions, or other sewer facilities, that must meet District needs and 82 82 conform to District Standards. This fee includes time and effort the District spends on plan checking, plan and easement development and all other related work. 13.12 Sewer Permit Charge - The sewer permit charge is the charge to cover the District's cost to review, approve and process an applicant's request to connect to the District's sewer facilities. 13.13 Manhole Structure Deposit - The refundable manhole deposit is used to insure that manholes are constructed to final grade before the project is considered complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee will be returned or the Bond released when manholes are constructed to final grade by the developer's contractor and verified by the District. 13.14 Sewage Treatment Capacity Charge - The sewage treatment capacity charge is that fee collected by the City of San Bernardino to cover the Water Reclamation Plant's expansion costs as the plant's capacity is used by new connections. 13.15 Sewer Trunk Charge - The sewer trunk charge is collected by the District and transferred to the City of San Bernardino as payment for the District's proportionate share of any additional sewer trunk or interceptor capacity required to convey sewage from the District's new customers. The City's trunk and interceptor systems are used to convey sewage from the District's collection system to the City's Water Reclamation Plant. 13.16 Landscape Adjustment - The landscape adjustment is the adjustment to the sewage treatment and collection charge based upon the proportional amount of the customer's property irrigated through a domestic water meter. 13.17 Delinquent Charges - A delinquent charge shall be added to each delinquent account at the time any amount becomes delinquent, provided that no penalty charge shall be made on any account which at that time has no delinquencies of record. When a delinquent charge is made, such charge shall be added to the delinquent 83 83 account as of the date the account becomes delinquent and the penalty charge shall become an inseparable part of the amount due as of that time. 13.18 Returned Check Charge - A returned check charge is a charge Which covers the reasonable administrative cost and banking charges for processing a returned check. SECTION 14.EFFECTIVE DATE This Ordinance shall become effective upon adoption. Approved and adopted this 10th day of December, 2014 ROLL CALL: Ayes:Directors Carrillo, Coats, Coleman, Morales, Shelton Noes: None Absent: None Abstain: None s Morales, Jr., Chairman of the Board