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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 05/22/2024BOARD OF DIRECTORS MAY 22, 2024 East Valley Water District was formed in 1954 and provides water and wastewater services to 107,000 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 James Morales, Jr. Chairman of the Board Michael Moore General Manager/CEO Ronald L. Coats ViceChairman Brian W. Tompkins Chief Financial Officer Chris Carrillo Governing Board Member Jeff Noelte Director of Engineering & Operations David E. Smith Governing Board Member Kerrie Bryan Director of Administrative Services Phillip R. Goodrich Governing Board Member Patrick Milroy Operations Manager Vacant Water Reclamation Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting May 22, 2024 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 PRESENTATIONS AND CEREMONIAL ITEMS ACWA Clair A. Hill Agency Award for Excellence Introduction of Newly Hired Employees David Weaver, Wastewater Treatment Plant Operator III Dallas Reighard, Parttime Water Quality Worker 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.Approve Directors' Fees and Expenses for April 2024 b.Approve the April 10, 2024 Regular Board Meeting Minutes c.Accept and File Financial Statements for March 2024 d.Adopt Resolution 2024.09 Investment Policy 7.6 e.Accept and File Investment Transaction Report for Month Ended April 30, 2024 f.Approve March 2024 Disbursements: Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH payments in the amount of $10,468,488.37 and $729,397.38 for payroll 3.INFORMATIONAL ITEMS a.Review FY 202425 Revenue Projections 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of 5Year Workplan b.Consider Approval of Contractor for Water Main Relocation in Little Third and Little Tippecanoe with Borden Excavating, Inc. c.Consider Approval of a Pretreatment Program Administration Agreement with the City of San Bernardino 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 22, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 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 MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerVacantWater Reclamation ManagerJustine Hendricksen District Clerk Board of Directors Regular Meeting May 22, 2024 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 PRESENTATIONS AND CEREMONIAL ITEMS ACWA Clair A. Hill Agency Award for Excellence Introduction of Newly Hired Employees David Weaver, Wastewater Treatment Plant Operator III Dallas Reighard, Parttime Water Quality Worker 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.Approve Directors' Fees and Expenses for April 2024 b.Approve the April 10, 2024 Regular Board Meeting Minutes c.Accept and File Financial Statements for March 2024 d.Adopt Resolution 2024.09 Investment Policy 7.6 e.Accept and File Investment Transaction Report for Month Ended April 30, 2024 f.Approve March 2024 Disbursements: Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH payments in the amount of $10,468,488.37 and $729,397.38 for payroll 3.INFORMATIONAL ITEMS a.Review FY 202425 Revenue Projections 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of 5Year Workplan b.Consider Approval of Contractor for Water Main Relocation in Little Third and Little Tippecanoe with Borden Excavating, Inc. c.Consider Approval of a Pretreatment Program Administration Agreement with the City of San Bernardino 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 22, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 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 MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerVacantWater Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingMay 22, 2024 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 PRESENTATIONS AND CEREMONIAL ITEMS ACWA Clair A. Hill Agency Award for Excellence Introduction of Newly Hired Employees David Weaver, Wastewater Treatment Plant Operator III Dallas Reighard, Parttime Water Quality Worker 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.Approve Directors' Fees and Expenses for April 2024 b.Approve the April 10, 2024 Regular Board Meeting Minutes c.Accept and File Financial Statements for March 2024 d.Adopt Resolution 2024.09 Investment Policy 7.6 e.Accept and File Investment Transaction Report for Month Ended April 30, 2024 f.Approve March 2024 Disbursements: Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH payments in the amount of $10,468,488.37 and $729,397.38 for payroll 3.INFORMATIONAL ITEMS a.Review FY 202425 Revenue Projections 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of 5Year Workplan b.Consider Approval of Contractor for Water Main Relocation in Little Third and Little Tippecanoe with Borden Excavating, Inc. c.Consider Approval of a Pretreatment Program Administration Agreement with the City of San Bernardino 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSMAY 22, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to107,000 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 MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerVacantWater Reclamation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingMay 22, 2024 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 ALLEGIANCEPRESENTATIONS AND CEREMONIAL ITEMSACWA Clair A. Hill Agency Award for ExcellenceIntroduction of Newly Hired EmployeesDavid Weaver, Wastewater Treatment Plant Operator IIIDallas Reighard, Parttime Water Quality WorkerROLL 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 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.Approve Directors' Fees and Expenses for April 2024 b.Approve the April 10, 2024 Regular Board Meeting Minutes c.Accept and File Financial Statements for March 2024 d.Adopt Resolution 2024.09 Investment Policy 7.6 e.Accept and File Investment Transaction Report for Month Ended April 30, 2024 f.Approve March 2024 Disbursements: Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH payments in the amount of $10,468,488.37 and $729,397.38 for payroll 3.INFORMATIONAL ITEMS a.Review FY 202425 Revenue Projections 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Consider Adoption of 5Year Workplan b.Consider Approval of Contractor for Water Main Relocation in Little Third and Little Tippecanoe with Borden Excavating, Inc. c.Consider Approval of a Pretreatment Program Administration Agreement with the City of San Bernardino 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 May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2a Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve Directors' Fees and Expenses for April 2024 RECOMMENDATION That the Board of Directors approve the Directors' Fees and Expenses for April 2024 as submitted. 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 Administration. FISCAL IMPACT The fiscal impact associated with this agenda item is $11,629.85 which is included in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS Director Expense Reports April 2024 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 4 03 236.25 2 4 /05 236.25 3 4 /06 236.25 4 4 /07 236.25 5 4 /08 236.25 6 4 /10 236.25 7 4 /15 236.25 8 4 /17 236.25 9 4 /24 236.25 10 4 /30 236.25 11 12 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description North Fork Stockholders Meeting Metropolitan Water District State Water Project Tou Meeting with General Manager/CEO or Designee Regular Board Meeting Meeting with General Manager/CEO or Designee LAFCO Expense Type $2,362.50 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Chris Carrillo Date Meeting / Event Description Date City of San Bernardino Council Meeting Metropolitan Water District State Water Project Tou Metropolitan Water District State Water Project Tou $2,362.50 Chris Carrillo April 0.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage Regular Board Meeting DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Attended via Zoom San Bernardino City Council meeting. 4 3 / 2024 City of San Bernardino Council Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 5 / 2024 Event Description:Metropolitan Water District State Water Project Tour Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2024 Event Description:Metropolitan Water District State Water Project Tour Attended State Water Project Tour hosted by Metropolitan Water District. Brief Description of Meeting/Event Value to EVWD Attended State Water Project Tour hosted by Metropolitan Water District. Meeting Date:4 / 7 / 2024 Event Description:Metropolitan Water District State Water Project Tour Brief Description of Meeting/Event Value to EVWD Attended State Water Project Tour hosted by Metropolitan Water District. Meeting Date:4 / 8 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Conference call with CEO Moore to discuss district business. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Meeting Date:4 / 10 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Meeting Date:4 / 15 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Met with CEO Moore to discuss district business. Meeting Date:4 / 17 / 2024 Event Description:LAFCO Brief Description of Meeting/Event Value to EVWD Attended LAFCO monthly meeting. Meeting Date:4 / 24 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attended regular board meeting. Meeting Date:4 / 30 / 2024 Event Description:North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Attended North Fork Annual Shareholder meeting. Chris Carrillo April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 4 /04 0.00 2 4 /05 236.25 3 4 /06 236.25 4 4 /07 236.25 5 4 /08 0.00 6 4 /09 236.25 7 4 /09 0.00 8 4 /10 236.25 9 4 /11 0.00 10 4 /12 0.00 11 4 /15 236.25 12 4 /17 236.25 13 4/18 0.00 14 4 /23 236.25 15 4 /24 236.25 16 4 /30 236.25 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval $0.00 Mileage Miscellaneous Reimbursement Description ACWA Event/Region 9 Board Meeting and Tour ASBCSD Meeting with General Manager/CEO or Designee Agenda Review State Water Project Tour ASBCSD Board Meeting San Bernardino Board of Water Commissioners Finance & Human Resources Committee Meeting Regular Board Meeting Expense Type $2,362.50 $0.00 Reimbursement Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Ronald L. Coats Date Meeting / Event Description Regular Board Meeting North Fork Stockholders Meeting Date Agenda Review State Water Project Tour State Water Project Tour $2,362.50 Ronald L. Coats April / 0.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage San Bernardino Board of Water Commissioners Legislative & Public Affairs Committee Meeting DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Met with Chairman Morales and CEO Moore to review upcoming agenda and discuss other district business 4 / 4 / 2024 Agenda Review Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 5 / 2024 Event Description:State Water Project Tour Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 6 / 2024 Event Description:State Water Project Tour Toured the State Water Project with other board members from EVWD, Yucaipa Valley Water District, San Bernardino Valley Municipal Water District and the City of Redlands, as well as staffers from those agencies and several private citizens. This tour gave us all a first-hand look at the fragile Delta and why it is so important to all of California, as well as the nation with regards to food production. Brief Description of Meeting/Event Value to EVWD Toured the State Water Project with other board members from EVWD, Yucaipa Valley Water District, San Bernardino Valley Municipal Water District and the City of Redlands, as well as staffers from those agencies and several private citizens. This tour gave us all a first-hand look at the fragile Delta and why it is so important to all of California, as well as the nation with regards to food production. Meeting Date:4 / 7 / 2024 Event Description:State Water Project Tour Brief Description of Meeting/Event Value to EVWD Toured the State Water Project with other board members from EVWD, Yucaipa Valley Water District, San Bernardino Valley Municipal Water District and the City of Redlands, as well as staffers from those agencies and several private citizens. This tour gave us all a first-hand look at the fragile Delta and why it is so important to all of California, as well as the nation with regards to food production. Meeting Date:4 / 8 / 2024 Event Description:ASBCSD Board Meeting Brief Description of Meeting/Event Value to EVWD Attended our monthly board meeting to discuss association business and our upcoming general meeting that will be held at SNRC next Monday, April 15. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Meeting Date:4 / 9 / 2024 Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They approved the pretreatment program administration agreement with EVWD for service areas A and B (Flow Swap Agreement). They announced that they will have a ground breaking ceremony, for their new headquarters building, within the next several weeks and construction should be completed in 14 months. Meeting Date:4 / 9 / 2024 Event Description:Finance & Human Resources Committee Meeting Brief Description of Meeting/Event Value to EVWD Received updates on Finance and Human Resources activities Meeting Date:4 / 10 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Meeting Date:4 / 11 / 2024 Event Description:Legislative & Public Affairs Committee Meeting Brief Description of Meeting/Event Value to EVWD Had briefing on pending legislation that our advocate in Sacramento is watching and recommendations for legislation that directly or indirectly affects EVWD. Also received a briefing on Outreach, Public Affairs and Conservation activities. Meeting Date:4 / 12 / 2024 Event Description:ACWA Event/Region 9 Board Meeting and Tour Brief Description of Meeting/Event Value to EVWD Toured Inland Empire Utilities Agency RP-5 wastewater treatment plant expansion project. Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 11 12 13 14 15 Meeting Date:4 / 15 / 2024 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD EVWD was hosting agency and our guest speaker was CEO Moore who spoke on: From Groundbreaking to Ribbon Cutting: Unleashing Potential with Progressive Design Build and Senate Bill 706. Meeting Date:4 / 17 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Met with CEO Michael Moore to discuss district business Meeting Date:4/ 18 / 2024 Event Description:Agenda Review Brief Description of Meeting/Event Value to EVWD Met with Chairman Morales and CEO Moore to review tonight's agenda and other district business Meeting Date:4 / 23 / 2024 Event Description:San Bernardino Board of Water Commissioners Brief Description of Meeting/Event Value to EVWD They approved an change order for Water Systems Consulting who is their consultant for their Strategic Plan. Meeting Date:4 / 24 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD See official board meeting minutes Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2024 16 17 18 19 20 Meeting Date:4 / 30 / 2024 Event Description:North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Attended the annual Bord of Directors and Shareholders meeting for the North Fork Water Company Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Event Description: Brief Description of Meeting/Event Value to EVWD Ronald L. Coats April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 5 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 4 /05 236.25 2 4 /06 236.25 3 4 /07 236.25 4 4 /09 236.25 5 4 /10 236.25 6 4 /12 236.25 7 4 /15 236.25 8 4 /16 0.00 9 4 /23 236.25 10 4 /24 236.25 11 4 /30 236.25 12 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval Phillip R. Goodrich April / 80.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage Chamber of Commerce Event Administration Signature I certify that the above is correct and accurate to the best of my knowledge. Phillip R. Goodrich Date Meeting / Event Description Date Met water State water project tour Day 1 Met water State water project tour Day 2 Met water State water project tour Day 1 $2,416.10 $2,362.50 $53.60 Reimbursement Mileage 80.00 Miscellaneous Reimbursement Description Regular Board Meeting North Fork Stockholders Meeting City of Highland Council Meeting Regular Board Meeting ACWA Region 9 Board Meeting ASBCSD Meeting with General Manager/CEO or Designee Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attend Regular Board Meeting Ref. Mins this day Brief Description of Meeting/Event Value to EVWD Tour State water project infrastruture continued board member education Meeting Date:4 / 9 / 2024 Event Description:City of Highland Council Meeting Brief Description of Meeting/Event Value to EVWD Represent District at Monthly City Counsel Meeting Meeting Date:4 / 10 / 2024 Meeting Date:4 / 6 / 2024 Event Description:Met water State water project tour Day 2 Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 7 / 2024 Event Description:Met water State water project tour Day 1 Tour State water project infrastruture continued board member education Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Tour State water project infrastruture continued board member education 4 / 5 / 2024 Met water State water project tour Day 1 Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Attend Monthly Chamber Luncheon Captain Giles gave updates on the state of law enforcment efforts and challenges in the City and region Meeting Date:4 / 24 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Attend regular board meetind Ref. Mins. This day Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Monthly meeting with CEO Moore updates on District Business Meeting Date:4 / 23 / 2024 Event Description:Chamber of Commerce Event Brief Description of Meeting/Event Value to EVWD Attend Regular Board Meeting Ref. Mins this day Meeting Date:4 / 15 / 2024 Event Description:ASBCSD Brief Description of Meeting/Event Value to EVWD Attend monthly Special District Mtg updates on constrution projects delivery methods available to Special Districts Meeting Date:4 / 16 / 2024 Meeting Date:4 / 12 / 2024 Event Description:ACWA Region 9 Board Meeting Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 11 12 13 14 15 Phillip R. Goodrich April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description:North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Attend Board meeting Ref. Mins. This day Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 30 / 2024 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Name: Month / Year:2024 Meeting No.Stipend Written Oral 1 4 /02 0.00 2 4 /04 236.25 3 4 /04 0.00 4 4 /05 236.25 5 4 /06 236.25 6 4 /07 236.25 7 4 /10 236.25 8 4 /11 236.25 9 4 /12 236.25 10 4 /18 236.25 11 4 /24 236.25 12 4 /30 236.25 13 14 15 16 17 18 19 20 Meetings 0.67/mi No. 1 2 3 4 5 6 7 8 9 10 Subtotal TOTAL PAYMENT Date of Approval James Morales, Jr.April / 0.00 X 10 Report Provided Subtotal Meetings' Stipend Mileage ACWA Event Administration Signature I certify that the above is correct and accurate to the best of my knowledge. James Morales, Jr. Date Meeting / Event Description Date San Bernardino Valley MWD Meeting with General Manager/CEO or Designee San Bernardino Valley MWD $2,362.50 $2,362.50 $0.00 Reimbursement Mileage Miscellaneous Reimbursement Description Meeting with General Manager/CEO or Designee Regular Board Meeting North Fork Stockholders Meeting EVWD State Water Project EVWD State Water Project EVWD State Water Project Regular Board Meeting Legislative & Public Affairs Committee Meeting Expense Type $0.00 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET 1 Name: Month / Year:2024 1 2 3 4 5 Event Description:EVWD State Water Project Brief Description of Meeting/Event Value to EVWD Infrastructure education tour. Brief Description of Meeting/Event Value to EVWD Workshop Administration. Legislative Update. No charge, more than one meeting per diem. Meeting Date:4 / 5 / 2024 Event Description:EVWD State Water Project Brief Description of Meeting/Event Value to EVWD Infrastructure education tour. Meeting Date:4 / 6 / 2024 Meeting Date:4 / 4 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 4 / 2024 Event Description:San Bernardino Valley MWD District business update. James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Meeting Date: Event Description: Regular board meeting. Local Hazard Mitigation Plan. Media program correction. No charge, more than 10 per reporting period. 4 / 2 / 2024 San Bernardino Valley MWD Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 2 Name: Month / Year:2024 6 7 8 9 10 James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Region 9 programming and board meeting. Meeting Date:4 / 18 / 2024 Event Description:Meeting with General Manager/CEO or Designee Brief Description of Meeting/Event Value to EVWD District business update. Event Description:Legislative & Public Affairs Committee Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:4 / 12 / 2024 Event Description:ACWA Event Brief Description of Meeting/Event Value to EVWD Infrastructure education tour. Meeting Date:4 / 10 / 2024 Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:4 / 11 / 2024 Meeting Date:4 / 7 / 2024 Event Description:EVWD State Water Project Brief Description of Meeting/Event Value to EVWD DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 3 Name: Month / Year:2024 11 12 13 14 15 James Morales, Jr.April / As part of the District's commitment to transparency, please provide a brief description of any meeting/event(s) that you will not be providing a report during the Board meeting at which your Director's Expense Sheet is being approved. Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date: Event Description: Brief Description of Meeting/Event Value to EVWD Meeting Date: Event Description:Regular Board Meeting Brief Description of Meeting/Event Value to EVWD Please refer to public agenda. Meeting Date:4 / 30 / 2024 Event Description:North Fork Stockholders Meeting Brief Description of Meeting/Event Value to EVWD Meeting Date:4 / 24 / 2024 DIRECTOR EXPENSE / REIMBURSEMENT ACTIVITY SHEET AB 1234 SUPPLEMENTAL REPORT FORM 4 Agenda Item #2b May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2b Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve the April 10, 2024 Regular Board Meeting Minutes RECOMMENDATION That the Board of Directors approve the April 10, 2024 regular Board meeting minutes as submitted. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS Draft April 10, 2024 Regular Board Meeting Minutes Regular Board Meeting Meeting Date: April 10, 2024 CALL TO ORDER The Chairman of the Board called the meeting to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Vice Chairman Coats led the flag salute. PRESENTATIONS AND CEREMONIAL ITEMS •Anthesis Recognition The General Manager/CEO stated that this is the District’s 10th anniversary of its partnership with Anthesis. Dale Barlow, Facilities Maintenance Supervisor, stated that he was speaking on behalf of all District staff and thanked Anthesis staff for their services and all they do. Terri Perkins, Director of Programs at Anthesis, described its programs and stated that Anthesis is celebrating its 58th anniversary as a non-profit that serves people with disabilities. She introduced Anthesis staff members and presented them with a certificate of appreciation. Ms. Perkins presented the District with a certificate of appreciation for 10 years of supporting adults with disabilities. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Carrillo, Coats, Goodrich, Morales, Smith ABSENT None Draft pending approval 1 5 2 2 STAFF Michael Moore, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jeff Noelte, Director of Engineering and Operations; Patrick Milroy, Operations Manager; Ryan Ritualo, Information Technology Manager; William Ringland, Public Affairs and Conservation Manager; Jason Wolf, Senior Engineer; Justine Hendricksen, District Clerk; Dale Barlow, Facilities Maintenance Supervisor; Shayla Antrim, Administrative Specialist LEGAL COUNSEL Jean Cihigoyenetche GUESTS Members of the public PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 5:40 p.m. There being no written or verbal comments, the public participation section was closed. 1.APPROVAL OF AGENDA a.Approval of Agenda A motion was made by Director Smith, seconded by Director Carrillo, that the Board approve the April 10, 2024 agenda as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 2.APPROVAL OF CONSENT CALENDAR a.Approve Directors’ Fees and Expenses for March 2024 b.Approve the February 28, 2024 Regular Board Meeting Minutes A motion was made by Vice Chairman Coats, seconded by Director Goodrich, that the Board approve the Consent Calendar items as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 1 5 2 2 3.INFORMATIONAL ITEMS a. FY 2024-25 Program Goals and Objectives Workshop The General Manager/CEO provided information regarding the budget planning process. He discussed the Strategic Planning process and how it pertains to the budget planning process and the creation of goals and objectives for the next fiscal year. He added that with the completion of the Sterling Natural Resource Center, the District will focus on new strategic initiatives, which will be incorporated into the FY 2024/25 budget. He provided an overview of the District's key goals, which are the basis for department objectives. The Chief Financial Officer provided more in-depth information on how each District goal is being incorporated into the budget by program. He stated staff has a better understanding of how to budget for the Sterling Natural Resource Center since it went online and flow transitions have been completed. He reviewed program summaries of the Governing Board. The Finance Supervisor and Operations Manager reviewed the program summaries for several departments and provided brief information regarding their goals for the fiscal year 2024/25. The Director of Engineering and Operations reviewed the program summaries for the Engineering Department and the Water Reclamation Department. The General Manager/CEO stated that program managers will come back in July and review their accomplishments from the previous fiscal year and discuss upcoming fiscal year goals. For information only. 4.DISCUSSION AND POSSIBLE ACTION ITEMS a. Consider Approval of Agreement for Hazard Mitigation Grant Program (HMGP) Seismic Retrofit of Seven Reservoirs with Engineering Resources of Southern California (ERSC) Jason Wolf, Senior Engineer, provided information regarding a proposed design consulting agreement with Engineering Resources of Southern California (ERSC) for seismic retrofit services of District reservoirs. He stated that the project will increase the structural integrity of reservoirs and that it will be 100% funded by grants from FEMA and CalOES, which were awarded in November 2023. He provided background information on the reservoirs, explained why certain reservoirs were selected for the grant-funded program, and offered additional details on the project. He discussed the grant requirements for the selection of a contractor to perform services and the steps the District took in the selection process. He recommended that the District enter into an agreement with Engineering Resources of Southern California for the engineering services for seismic retrofitting of water reservoirs. 1 5 2 2 A motion was made by Director Carrillo, seconded by Director Smith, that the Board of Directors approve the cancellation of the May 8, 2024 regular Board meeting. The motion was carried by the following vote: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Abstain: None Absent: None b. Consider Approval of Agreement for Hydrogeologic Operations Studies with Rincon Consultants, Inc. for the Sterling Natural Resource Center The Director of Engineering and Operations provided information regarding a contract with Rincon Consultants, Inc. for hydrogeologic operational studies for the Sterling Natural Resource Center (SNRC). He stated that there are several requirements relating to monitoring of the proposed groundwater recharge activities that need to be completed during the initial operations of Weaver Basins. He stated that the required studies include a Tracer Study and a Soil Aquifer Treatment (SAT) Study to verify assumptions proposed in the District’s permitting documentation. He stated that Rincon Consultants has provided consulting services for the SNRC project since 2015 and has the experience to complete the required studies. He recommended that the District enter into an agreement with Rincon Consultants, Inc. to provide the hydrogeologic operational studies required for the SNRC permit. A motion was made by Director Carrillo, seconded by Director Goodrich, that the Board of Directors authorize the General Manager/CEO to execute an agreement with Rincon Consultants, Inc. to provide support for Hydrogeologic Operational Studies for the Sterling Natural Resource Center project for a not-to-exceed amount of $205,625. The motion was carried by the following vote: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Abstain: None Absent: None 5.REPORTS a.Board of Directors’ Reports Director Goodrich reported on the following: April 5-7 he attended the State Water Project Tour where some of the areas they visited were the Oroville Dam, Sites Reservoir Project site, the Delta and the San Luis Reservoir; and April 9 he attended the Highland City Council meeting. Director Smith reported on the following: April 5-7 he attended the State Water Project Tour; and April 10 he attended the San Bernardino Valley Water Conservation 1 5 2 2 District Board meeting where they approved a 5% rate increase due to an increase in their operations and maintenance costs. Vice Chairman Coats reported the following: April 4 he met with the General Manager/CEO and Chairman to review the agenda and to discuss District business; April 5-7 he attended the State Water Project Tour with staff and board members of the San Bernardino Valley Municipal Water District and Yucaipa Valley Water District; April 8 he attended the Association of San Bernardino County Special Districts Board meeting to review Association business; and April 9 he attended the City of San Bernardino Water Department Commissioners meeting where they approved the pretreatment program administration agreement (flow swap) with EVWD. Chairman Morales reported on the following: April 2 he attended the San Bernardino Valley Municipal Water District’s (SBVMWD) Board meeting; April 4 he met with the General Manager/CEO and Vice Chairman to review the agenda and to discuss District business; April 4 he attended the San Bernardino Valley Municipal Water District’s Policy Committee meeting where they provided a legislative update; and April 5-7 he attended the State Water Project Tour with staff and board members of the San Bernardino Valley Municipal Water District and Yucaipa Valley Water District. Director Carrillo reported on the following: April 5-7 he attended the State Water Project (SWP) Tour where they learned the history of the SWP; and April 8 he met with the General Manager/CEO to discuss District business and to review the agenda. For information only. b. General Manager/CEO Report The General Manager/CEO announced the following: •The Legislative & Public Outreach Committee meeting wil be held tomorrow at 1:00 p.m. •April 19 staff will provide a tour of the District’s Headquarters to Indian Springs High School students and staff. •April 20 from 10:00 a.m. to 11:30 a.m. the District will be hosting a Conservation Workshop at the Sterling Natural Resource Center. •He announced that when the last bill went out to customers, the billing company vendor accidentally sent out a bill insert for Victorville customers. •PFAS Update: he announced that the EPA has set a maximum contaminant level for PFAS and anticipates that the State will come out with lower limits. He added that he will provide an updated report later this year or early next year and that of the last round of testing no PFAS were detected in the District. 1 5 2 2 The Director of Engineering and Operations provided a Water Supply Dashboard Update. For information only. c. Legal Counsel Report Nothing to report. d. Board of Directors’ Comments Director Carrillo stated that he had a nice time on the State Water Project Tour. He thanked staff for honoring Anthesis and stated that it is a great program. Vice Chairman Coats noted the Delta's importance and the need for Californians to understand its value. Chairman Morales stated that tomorrow, a coordination meeting is scheduled to be held between EVWD, Orange County, and local stakeholders to discuss slowing down the release of water down the Santa Ana River to help keep water in the area. For information only. ADJOURN Chairman Morales adjourned the meeting at 7:11 p.m. James Morales, Jr., Board President Michael Moore, Board Secretary Agenda Item #2c May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2c Consent Item 1 0 8 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Accept and File Financial Statements for March 2024 RECOMMENDATION That the Board of Directors accept and file the attached financial statements as of, and for the period ended, March 31, 2024. BACKGROUND / ANALYSIS The East Valley Water District adopted an annual budget on June 28, 2023 for fiscal year 2023-24. 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 March 31, 2024. 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. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer Agenda Item #2c May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #2c Consent Item 1 0 8 6 ATTACHMENTS 1. March 2024 Financial Statement Monthly Review 2. March 2024 Financial Statements FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 1 The following is a highlight summary of the District’s financial results as of March 31, 2024. Please note all values presented are in millions (unless otherwise noted). Statement of Net Position Total assets at March 31, 2024 are $392.09 million. CLASSIFICATION WATER WASTEWATER RECLAMATION DISTRICT TOTAL Cash and Investments $ 21.37 $ 8.83 $ 8.77 $ 38.97 Utility Plant, Net 100.77 17.00 - 117.77 Other Assets 38.07 26.01 171.27 235.35 Current Liabilities 3.24 3.18 14.35 20.77 Long Term Liabilities 43.44 8.11 163.16 214.71 Beginning Net Position 105.34 38.68 3.01 147.03 Change in Equity 6.61 1.53 (0.48) 7.66 TOTAL NET $ 111.95 $ 40.21 $ 2.53 $ 154.69 Cash and Investments Cash and Investments are $38.97 million for the month of March, a decrease of $402K from the prior month. In March the District paid $223K for construction of the recycled water pipeline in February 2024. The District’s Due from Other Governments includes a receivable for work performed on the Recycled Water Pipeline from December through March bringing the ending balance as of March 31, 2024 to $3.65 million. $0 $5 $10 $15 $20 $25 $30 $35 $40 $45 Mi l l i o n s CASH & INVESTMENTS Restricted Unrestricted FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 2 Statement of Revenues & Expenses Total Revenues & Expenses through March 31, 2024 are summarized below (in millions): Column1 WATER WASTEWATER RECLAMATION DISTRICT TOTAL Revenue $ 22.53 $ 5.20 $ 8.00 $ 35.73 Expense 15.92 3.67 8.48 28.07 The Reclamation Fund expenses continue to exceed revenues as the SNRC facility has recently started operations but has not fully transitioned flow away from San Bernardino Municipal Water Department. The District is incurring Contract Service Expenses for Treatment as well as plant expenses such as Salaries and Benefits, Utilities, Materials and Supplies but has yet to begin collecting any offsetting revenues anticipated from operation such as Tipping Fees, etc. Water Sales by Tier Water Sales for the month ending March 31, 2024 were $1.05M; $76K under staff projections for the month and $805K under projections year-to-date. $0.0 $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 2023-24 Projection For a more detailed presentation, operating results are presented in three ways on pages 2 through 6 of the attached financial statements for the period ending March 31, 2024. 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 FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 3 and year-to-date totals for Revenues and Expense by Program. Third is a Budget -to- Actual presentation of program expense detail. Water Sales by Customer Class The table below shows the District’s water sales for the month of March 2024 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 590,361$ 616,000$ (25,639)$ -4% Multi-Family 276,988 281,000 (4,012) -1% Commercial 112,210 124,000 (11,790) -10% Irrigation 65,474 100,000 (34,526) -35% TOTAL $1,045,033 $ 1,121,000 $ (75,967)-7% The following table displays customer class by tier for the month of March 2024: CUSTOMER CLASS TIER ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential Tier 1 359,198$ 340,000$ 19,198$ 6% Residential Tier 2 107,411 151,000 (43,589) -29% Residential Tier 3 123,752 125,000 (1,248) -1% Multi-Family Tier 1 173,199 156,000 17,199 11% Multi-Family Tier 2 39,461 54,000 (14,539) -27% Multi-Family Tier 3 64,328 71,000 (6,672) -9% Commercial Tier 1 76,258 76,000 258 0% Commercial Tier 2 7,214 8,000 (786) -10% Commercial Tier 3 28,738 40,000 (11,262) -28% Irrigation Tier 2 16,894 54,000 (37,106) -69% Irrigation Tier 3 48,580 46,000 2,580 6% TOTAL $ 1,045,033 $ 1,121,000 $ (75,967)-7% Legend - Positive Change in Actuals - Neutral Change in Actuals - Negative Change in Actuals FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 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 March. As noted in the graph, Water Revenue experienced a minor increase over last year mostly due to residential meter charges. Water consumption decreased 135.73 million gallons (181.5K HCF) compared to March of 2023 and water sales were down $24K for all three tiers combined. $0 $5 $10 $15 $20 $25 3/31/2023 3/31/2024 Mi l l i o n s COMPARATIVE MONTHLY WATER REVENUE (WATER SALES & METER CHARGES) Meter Tier 1 Tier 2 Tier 3 Total -$20,859,358 Total -$21,061,054 FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 5 Water Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Fund operating cost centers for FY 2022-23 and FY 2023-24. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 6 Wastewater Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Wastewater Fund operating cost centers for FY 2022-23 and FY 2023-24. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2024 page | 7 Water Reclamation Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Reclamation Fund operating cost centers for FY 2022-23 and FY 2023-24. WATER WASTEWATER RECLAMATION DISTRICT TOTAL Assets: Current Assets: 01 - Cash and Cash EquivalentsCash and Cash Equivalents 7,104,779.14$ 3,681,044.54$ 969,714.18$ 11,755,537.86$ 02 - InvestmentsInvestments 7,467,668.36 1,765,115.56 - 9,232,783.92 03 - Accounts Receivable, NetAccounts Receivable, Net 4,150,460.52 311,471.64 548,409.10 5,010,341.26 14*05 - Other ReceivablesOther Receivables 8,434,236.07 - - 8,434,236.07 07.1 - Due from Reclamation FundDue from Reclamation Fund - 5,862,684.70 - 5,862,684.70 06 - Due from other GovernmentsDue from Other Governments - - 3,652,204.59 3,652,204.59 08 - InventoryInventory 1,192,533.53 6,721.16 - 1,199,254.69 09 - Prepaid ExpensesPrepaid Expenses 729,630.55 35,386.34 - 765,016.89 29,079,308.17 11,662,423.94 5,170,327.87 45,912,059.98 Non-Current Assets: 10 - Restricted Cash and Cash EquivalentsRestricted Cash and Cash Equivalents 6,801,754.37 3,379,934.17 7,800,000.00 17,981,688.54 11 - Capital Assets not being DepreciatedCapital Assets not being Depreciated 18,028,026.24 17,977,616.55 167,071,475.89 203,077,118.68 13 - Capital Assets, NetCapital Assets, Net 100,769,578.86 16,997,047.77 - 117,766,626.63 125,599,359.47 38,354,598.49 174,871,475.89 338,825,433.85 Total Assets:154,678,667.64 50,017,022.43 180,041,803.76 384,737,493.83 Deferred Outflow Of Resources 24*Deferred Charge on Refunding 581,826.53 272,820.05 - 854,646.58 25 - Deferred Outflow - PensionsDeferred Outflows - Pensions 4,954,821.80 1,546,575.07 - 6,501,396.87 160,215,315.97 51,836,417.55 180,041,803.76 392,093,537.28 Current Liabilities: 22 - PayablesAccounts Payable and Accrued Expenses 852,705.79 29,842.03 - 882,547.82 29.1 - Due to Sewer FundDue to Sewer Fund - - 5,862,684.70 5,862,684.70 29.2 - Due to Reclamation FundDue to Reclamation Fund - - - - 23 - Payroll LiabilitiesAccrued Payroll and Benefits - - - - 15 - Customer Service DepositsCustomer Service Deposits 1,424,030.55 - - 1,424,030.55 16 - Construction Advances and RetentionsConstruction Advances and Retentions 119,524.14 3,010,696.98 8,424,576.48 11,554,797.60 17 - Interest PayableAccrued Interest Payable - - - - 18 - Current Portion of Compensated AbsencesCurrent Portion of Compensated Absences 449,527.20 137,616.80 65,033.00 652,177.00 19 - Current Portion of Long-Term DebtCurrent Portion of Long-Term Debt 396,500.28 - - 396,500.28 3,242,287.96 3,178,155.81 14,352,294.18 20,772,737.95 Non-Current Liabilities: 20 - Compensated Absences, less current portionCompensated Absences, less current portion 244,493.05 54,268.81 62,990.24 361,752.10 28 - Net Pension LiabilityNet Pension Liability 10,600,994.28 3,254,141.95 - 13,855,136.23 21 - Long Term DebtLong Term Debt, Less Current Portion 32,589,187.50 4,800,908.00 163,097,574.00 200,487,669.50 27 - Other LiabilitiesOther Liabilities 1,173.64 - - 1,173.64 43,435,848.47 8,109,318.76 163,160,564.24 214,705,731.47 Total Liabilities:46,678,136.43 11,287,474.57 177,512,858.42 235,478,469.42 Deferred Inflows Of Resources 26 - Deferred Inflows - PensionsDeferred Inflows - Pensions 1,589,671.06 336,902.07 - 1,926,573.13 48,267,807.49 11,624,376.64 177,512,858.42 237,405,042.55 31 - EquityEquity 105,340,469.37 38,679,547.28 3,008,522.25 147,028,538.90 105,340,469.37 38,679,547.28 3,008,522.25 147,028,538.90 Total RevenueTotal Revenue 22,529,770.53 5,201,455.49 7,995,478.38 35,726,704.40 Total ExpenseTotal Expense 15,922,731.42 3,668,961.86 8,475,055.29 28,066,748.57 6,607,039.11 1,532,493.63 (479,576.91) 7,659,955.83 111,947,508.48 40,212,040.91 2,528,945.34 154,688,494.73 160,215,315.97$ 51,836,417.55$ 180,041,803.76$ 392,093,537.28$ 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 March 31, 2024 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 SalesWater Sales 1,045,033.17$ 13,510,875.82$ 17,695,000.00$ -$ -$ -$ -$ -$ 332,000.00$ 18,027,000.00$ 4,516,124.18$ 42 - Meter ChargesMeter Charges 859,464.61 7,550,646.53 10,096,000.00 - - - - - - 10,096,000.00 2,545,353.47 43 - PenaltiesPenalties 45,115.28 430,806.58 450,000.00 4,165.40 45,525.64 60,000.00 - - - 510,000.00 33,667.78 44 - Wastewater System ChargesWastewater System Charges - - - 523,410.87 4,467,800.31 5,968,000.00 - - - 5,968,000.00 1,500,199.69 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 915,602.67 7,886,761.34 10,379,000.00 10,379,000.00 2,492,238.66 46 - Other Operating RevenueOther Operating Revenue 255,126.43 890,978.36 42,000.00 114,303.00 556,652.12 - 31,045.00 57,655.00 500,000.00 542,000.00 (963,285.48) 47 - Non Operating RevenueNon Operating Revenue 7,412.72 146,463.24 420,000.00 - 131,477.42 20,000.00 - 51,062.04 100,000.00 540,000.00 210,997.30 48 - Gain or Loss on DispositionGain or Loss on Disposition - - - - - - - - - - - 56 - BenefitsBenefits - - - - - - - - - - - 68 - DepreciationDepreciation - - - - - - - - - - - Revenue Total:2,212,152.21 22,529,770.53 28,703,000.00 641,879.27 5,201,455.49 6,048,000.00 946,647.67 7,995,478.38 11,311,000.00 46,062,000.00 10,335,295.60 - - - - - - - - Expense by Category 51 - LaborLabor 641,766.75 4,050,879.56 5,725,500.00 176,287.58 1,134,224.84 1,638,500.00 91,448.72 546,308.87 750,000.00 8,114,000.00 2,382,586.73 52 - Temporary LaborTemporary Labor 1,587.60 14,031.42 32,900.00 680.40 6,013.46 14,100.00 - - - 47,000.00 26,955.12 56 - BenefitsBenefits 186,507.97 2,150,597.09 2,940,400.00 47,965.85 533,916.48 768,600.00 25,289.23 286,395.62 404,000.00 4,113,000.00 1,142,090.81 63 - Contract ServicesContract Services 387,409.96 3,157,488.16 5,254,400.00 119,076.78 1,070,384.50 1,632,600.00 544,048.24 6,349,411.01 7,346,000.00 14,233,000.00 3,655,716.33 65 - Professional DevelopmentProfessional Development 11,882.77 179,992.19 309,000.00 4,284.18 55,954.06 112,000.00 138.28 7,879.57 20,000.00 441,000.00 197,174.18 53 - OvertimeOvertime 65,122.45 400,709.66 473,800.00 2,620.84 19,259.93 27,200.00 28,671.23 75,747.84 50,000.00 551,000.00 55,282.57 62 - Materials and SuppliesMaterials and Supplies 181,535.21 1,300,192.59 1,617,600.00 17,872.89 119,893.66 155,400.00 82,801.35 164,221.69 618,000.00 2,391,000.00 806,692.06 64 - UtilitiesUtilities 198,804.46 2,368,501.81 4,043,600.00 10,359.34 143,212.01 254,400.00 124,121.85 363,017.42 1,538,000.00 5,836,000.00 2,961,268.76 52 - Temporary LaborTemporary Labor 1,587.60 14,031.42 32,900.00 680.40 6,013.46 14,100.00 - - - 47,000.00 26,955.12 67 - OtherOther 13,113.82 1,242,221.94 1,263,900.00 3,574.83 364,903.86 341,100.00 - 602,059.07 380,000.00 1,985,000.00 (224,184.87) 54 - StandbyStandby 12,606.62 67,120.24 33,000.00 318.38 2,318.34 2,000.00 - 80.00 55,000.00 90,000.00 20,481.42 61 - Water SupplyWater Supply 172.50 410,657.61 768,000.00 - - - - - - 768,000.00 357,342.39 71 - Debt ServiceDebt Service 4,333.05 1,912,356.24 3,103,000.00 - 224,421.50 273,000.00 - - - 3,376,000.00 1,239,222.26 81 - Capital ImprovementCapital Improvement 194,603.38 788,302.45 2,695,000.00 - - 300,000.00 - - - 2,995,000.00 2,206,697.55 82 - Capital OutlayCapital Outlay 65,868.92 312,602.06 670,000.00 - 188,156.51 285,000.00 - 79,934.20 150,000.00 1,105,000.00 524,307.23 83 - Accounting Income Add backAccounting Income Add back (194,603.38) (2,446,953.02) - - (199,710.75) - - - - - 2,646,663.77 88 - Transfer from ReservesTransfer to Reserves - - (260,000.00) - - 230,000.00 - - - (30,000.00) (30,000.00) 99 - 99Transfer from Reserves - - - - - - - - - - - Expense Total:1,772,299.68 15,922,731.42 28,703,000.00 383,721.47 3,668,961.86 6,048,000.00 896,518.90 8,475,055.29 11,311,000.00 46,062,000.00 17,995,251.43 Total Surplus (Deficit):439,852.53$ 6,607,039.11$ -$ 258,157.80$ 1,532,493.63$ -$ 50,128.77$ (479,576.91)$ -$ -$ (7,659,955.83)$ Unaudited Revenue and Expense Budget-to-Actual by Category Month Ended March 31, 2024 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 SalesWater Sales 1,045,033.17$ 13,510,875.82$ 17,695,000.00$ -$ -$ -$ -$ -$ 332,000.00$ 18,027,000.00$ 4,516,124.18$ 42 - Meter ChargesMeter Charges 859,464.61 7,550,646.53 10,096,000.00 - - - - - - 10,096,000.00 2,545,353.47 43 - PenaltiesPenalties 45,115.28 430,806.58 450,000.00 4,165.40 45,525.64 60,000.00 - - - 510,000.00 33,667.78 44 - Wastewater System ChargesWastewater System Charges - - - 523,410.87 4,467,800.31 5,968,000.00 - - - 5,968,000.00 1,500,199.69 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 915,602.67 7,886,761.34 10,379,000.00 10,379,000.00 2,492,238.66 46 - Other Operating RevenueOther Operating Revenue 255,126.43 890,978.36 42,000.00 114,303.00 556,652.12 - 31,045.00 57,655.00 500,000.00 542,000.00 (963,285.48) 47 - Non Operating RevenueNon Operating Revenue 7,412.72 146,463.24 420,000.00 - 131,477.42 20,000.00 - 51,062.04 100,000.00 540,000.00 210,997.30 Revenue Total:2,212,152.21 22,529,770.53 28,703,000.00 641,879.27 5,201,455.49 6,048,000.00 946,647.67 7,995,478.38 11,311,000.00 46,062,000.00 10,335,295.60 Program: 1000 - Governing Board Total:1000 - Governing Board 29,115.04 161,929.45 251,300.00 12,303.29 66,921.63 107,700.00 - - - 359,000.00 130,148.92 Program: 2000 - General Administration Total:2000 - General Administration 86,986.63 648,405.99 959,000.00 36,931.96 268,563.12 411,000.00 - - - 1,370,000.00 453,030.89 Program: 2100 - Human Resources Total:2100 - Human Resources 64,728.21 1,632,049.27 1,722,900.00 27,740.56 524,648.09 568,100.00 - 602,059.07 380,000.00 2,671,000.00 (87,756.43) Program: 2200 - Public Affairs Total:2200 - Public Affairs 83,853.55 513,518.89 868,000.00 40,416.89 274,945.42 372,000.00 - - - 1,240,000.00 451,535.69 Program: 2300 - Conservation Total:2300 - Conservation 70,379.27 78,950.16 615,000.00 - - - - - - 615,000.00 536,049.84 Program: 3000 - Finance Total:3000 - Finance & Accounting 79,147.98 573,069.83 900,800.00 33,920.42 246,159.40 403,200.00 - - - 1,304,000.00 484,770.77 Program: 3200 - Information Technology Total:3200 - Information Technology 71,140.98 705,505.58 1,114,400.00 30,488.90 302,319.69 477,600.00 - - - 1,592,000.00 584,174.73 Program: 3300 - Customer Service Total:3300 - Customer Service 91,107.14 1,044,010.24 1,424,100.00 38,753.82 443,937.53 623,900.00 - - - 2,048,000.00 560,052.23 Program: 3400 - Meter Services Total:3400 - Meter Services 25,456.33 188,920.78 292,000.00 - - - - - - 292,000.00 103,079.22 Program: 4000 - Engineering Surplus Total:4000 - Engineering 108,166.43 529,705.56 908,600.00 26,501.69 182,703.07 389,400.00 - - - 1,298,000.00 585,591.37 Program: 5000 - Water Production Total:5000 - Water Production 301,117.39 3,496,340.05 5,942,000.00 - - - - - - 5,942,000.00 2,445,659.95 Program: 5100 - Water Treatment Total:5100 - Water Treatment 76,130.60 1,074,328.01 1,275,000.00 - - - - - - 1,275,000.00 200,671.99 Program: 5200 - Water Quality Total:5200 - Water Quality 34,190.67 289,584.95 504,000.00 - - - - - - 504,000.00 214,415.05 Program: 6000 - Maintenance Administration Total:6000 - Maintenance Administration 38,794.77 332,587.70 418,500.00 4,059.36 35,225.42 46,500.00 - - - 465,000.00 97,186.88 Program: 6100 - Water Maintenance Total:6100 - Water Maintenance 383,395.23 2,449,137.20 3,246,000.00 - - - - - - 3,246,000.00 796,862.80 Program: 6200 - Wastewater Collection Total:6200 - Wastewater Collection - - - 85,808.61 524,644.85 801,000.00 - - - 801,000.00 276,355.15 Program: 6200 - Wastewater Collection Total:6300 - Water Reclamation - - - - - - 872,911.17 7,793,414.03 10,781,000.00 10,781,000.00 2,987,585.97 Program: 7000 - Facilities Maintenance Total:7000 - Facilities Maintenance 114,396.71 1,171,604.43 1,445,400.00 37,553.56 491,824.71 607,600.00 23,607.73 (352.01) - 2,053,000.00 389,922.87 Program: 7100 - Fleet Maintenance Total:7100 - Fleet Maintenance 43,990.78 466,775.60 608,000.00 9,242.41 94,201.67 152,000.00 - - - 760,000.00 199,022.73 Program: 8000 - Capital Total:8000 - Capital 70,201.97 566,307.73 6,208,000.00 - 212,867.26 1,088,000.00 - 79,934.20 150,000.00 7,446,000.00 6,586,890.81 Total Surplus (Deficit):439,852.53$ 6,607,039.11$ -$ 258,157.80$ 1,532,493.63$ -$ 50,128.77$ (479,576.91)$ -$ -$ (7,659,955.83)$ . WATER WASTEWATER DISTRICT WIDE Revenue and Expense Budget-to-Actual by Program Month Ended March 31, 2024 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 SalesWater Sales 1,045,033.17$ 13,510,875.82$ 17,695,000.00$ -$ -$ -$ -$ -$ 332,000.00$ 18,027,000.00$ 4,516,124.18$ 42 - Meter ChargesMeter Charges 859,464.61 7,550,646.53 10,096,000.00 - - - - - - 10,096,000.00 2,545,353.47 43 - PenaltiesPenalties 45,115.28 430,806.58 450,000.00 4,165.40 45,525.64 60,000.00 - - - 510,000.00 33,667.78 44 - Wastewater System ChargesWastewater System Charges - - - 523,410.87 4,467,800.31 5,968,000.00 - - - 5,968,000.00 1,500,199.69 45 - Wastewater Treatment ChargesWastewater Treatment Charges - - - - - - 915,602.67 7,886,761.34 10,379,000.00 10,379,000.00 2,492,238.66 46 - Other Operating RevenueOther Operating Revenue 255,126.43 890,978.36 42,000.00 114,303.00 556,652.12 - 31,045.00 57,655.00 500,000.00 542,000.00 (963,285.48) 47 - Non Operating RevenueNon Operating Revenue 7,412.72 146,463.24 420,000.00 - 131,477.42 20,000.00 - 51,062.04 100,000.00 540,000.00 210,997.30 48 - Gain or Loss on DispositionGain or Loss on Disposition - - - - - - - - - - - 56 - BenefitsBenefits - - - - - - - - - - - 68 - DepreciationDepreciation - - - - - - - - - - - Revenue Total:2,212,152.21 22,529,770.53 28,703,000.00 641,879.27 5,201,455.49 6,048,000.00 946,647.67 7,995,478.38 11,311,000.00 46,062,000.00 10,335,295.60 - - - - - - - - Program: 1000 - Governing Board - - - - - 51 - LaborLabor 14,553.01$ 60,535.21$ 84,000.00$ 6,236.99$ 25,943.54$ 36,000.00$ -$ -$ -$ 120,000.00$ 33,521.25$ 56 - BenefitsBenefits 4,820.90 33,799.26 63,000.00 2,066.11 14,485.28 27,000.00 - - - 90,000.00 41,715.46 62 - Materials and SuppliesMaterials and Supplies - 968.10 2,100.00 - 414.89 900.00 - - - 3,000.00 1,617.01 63 - Contract ServicesContract Services 8,286.18 49,105.63 77,700.00 3,551.22 21,045.27 33,300.00 - - - 111,000.00 40,849.10 65 - Professional DevelopmentProfessional Development 1,454.95 17,521.25 24,500.00 448.97 5,032.65 10,500.00 - - - 35,000.00 12,446.10 Program: 1000 - Governing Board Total:29,115.04 161,929.45 251,300.00 12,303.29 66,921.63 107,700.00 - - - 359,000.00 130,148.92 - - - - - - Program: 2000 - General Administration - - - - - 51 - LaborLabor 43,211.14 304,475.69 407,400.00 19,155.60 131,126.25 174,600.00 - - - 582,000.00 146,398.06 52 - Temporary LaborTemporary Labor - 3,661.62 21,000.00 - 1,569.26 9,000.00 - - - 30,000.00 24,769.12 53 - OvertimeOvertime 276.94 2,068.96 2,800.00 118.69 886.75 1,200.00 - - - 4,000.00 1,044.29 56 - BenefitsBenefits 13,672.61 142,230.19 184,800.00 4,875.13 53,311.42 79,200.00 - - - 264,000.00 68,458.39 62 - Materials and SuppliesMaterials and Supplies 82.94 1,464.39 4,900.00 35.54 627.61 2,100.00 - - - 7,000.00 4,908.00 63 - Contract ServicesContract Services 28,586.70 121,507.06 217,000.00 12,251.44 52,074.43 93,000.00 - - - 310,000.00 136,418.51 64 - UtilitiesUtilities 124.02 945.64 2,800.00 53.15 405.27 1,200.00 - - - 4,000.00 2,649.09 65 - Professional DevelopmentProfessional Development 1,032.28 72,052.44 118,300.00 442.41 28,562.13 50,700.00 - - - 169,000.00 68,385.43 Program: 2000 - General Administration Total:86,986.63 648,405.99 959,000.00 36,931.96 268,563.12 411,000.00 - - - 1,370,000.00 453,030.89 - - - - - - Program: 2100 - Human Resources - - - - - - 51 - LaborLabor 26,222.02 167,188.11 230,300.00 11,237.99 71,651.97 98,700.00 - - - 329,000.00 90,159.92 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 405.47 1,431.85 2,100.00 173.77 613.61 900.00 - - - 3,000.00 954.54 56 - BenefitsBenefits 6,855.90 110,731.48 139,300.00 2,938.20 47,455.81 59,700.00 - - - 199,000.00 40,812.71 62 - Materials and SuppliesMaterials and Supplies - 987.46 4,900.00 - 423.19 2,100.00 - - - 7,000.00 5,589.35 63 - Contract ServicesContract Services 22,147.81 79,587.91 116,200.00 9,491.91 34,109.01 49,800.00 - - - 166,000.00 52,303.08 64 - UtilitiesUtilities 41.29 388.08 1,200.00 17.69 166.31 800.00 - - - 2,000.00 1,445.61 65 - Professional DevelopmentProfessional Development 714.40 18,919.27 39,200.00 306.17 5,324.33 16,800.00 - - - 56,000.00 31,756.40 67 - OtherOther 8,341.32 1,252,815.11 1,189,700.00 3,574.83 364,903.86 339,300.00 - 602,059.07 380,000.00 1,909,000.00 (310,778.04) Program: 2100 - Human Resources Total:64,728.21 1,632,049.27 1,722,900.00 27,740.56 524,648.09 568,100.00 - 602,059.07 380,000.00 2,671,000.00 (87,756.43) - - - - - - Program: 2200 - Public Affairs - - - - - - 51 - LaborLabor 38,725.14 242,021.77 300,300.00 16,596.48 104,597.73 128,700.00 - - - 429,000.00 82,380.50 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 1,108.97 5,361.20 11,900.00 475.29 2,297.64 5,100.00 - - - 17,000.00 9,341.16 56 - BenefitsBenefits 9,559.32 80,873.13 88,900.00 4,096.77 34,658.92 38,100.00 - - - 127,000.00 11,467.95 62 - Materials and SuppliesMaterials and Supplies 3,523.60 15,719.35 55,300.00 1,510.13 6,736.91 23,700.00 - - - 79,000.00 56,543.74 63 - Contract ServicesContract Services 26,508.32 157,539.89 362,600.00 15,840.40 121,509.82 155,400.00 - - - 518,000.00 238,950.29 64 - UtilitiesUtilities 180.98 2,162.41 27,300.00 77.57 926.73 11,700.00 - - - 39,000.00 35,910.86 65 - Professional DevelopmentProfessional Development 4,247.22 9,841.14 21,700.00 1,820.25 4,217.67 9,300.00 - - - 31,000.00 16,941.19 Program: 2200 - Public Affairs Total:83,853.55 513,518.89 868,000.00 40,416.89 274,945.42 372,000.00 - - - 1,240,000.00 451,535.69 - - - - - - Program: 2300 - Conservation - - - - - - 51 - LaborLabor 12,768.00 80,864.00 107,000.00 - - - - - - 107,000.00 26,136.00 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 518.70 2,274.30 7,000.00 - - - - - - 7,000.00 4,725.70 56 - BenefitsBenefits 3,445.79 24,835.70 42,000.00 - - - - - - 42,000.00 17,164.30 62 - Materials and SuppliesMaterials and Supplies 1,500.68 5,425.26 26,000.00 - - - - - - 26,000.00 20,574.74 63 - Contract ServicesContract Services 46,399.68 (32,224.50) 322,000.00 - - - - - - 322,000.00 354,224.50 64 - UtilitiesUtilities 30.60 275.23 26,000.00 - - - - - - 26,000.00 25,724.77 65 - Professional DevelopmentProfessional Development 972.49 10,111.50 15,000.00 - - - - - - 15,000.00 4,888.50 67 - OtherOther 4,743.33 (12,611.33) 70,000.00 - - - - - - 70,000.00 82,611.33 Program: 2300 - Conservation Total:70,379.27 78,950.16 615,000.00 - - - - - - 615,000.00 536,049.84 Program: 3000 - Finance & Accounting - - - - - - 51 - LaborLabor 50,316.59 318,688.52 502,500.00 21,564.23 136,565.01 232,500.00 - - - 735,000.00 279,746.47 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 2,062.16 3,993.01 9,100.00 883.77 1,711.27 3,900.00 - - - 13,000.00 7,295.72 56 - BenefitsBenefits 12,789.42 177,824.09 261,800.00 5,481.09 76,173.65 112,200.00 - - - 374,000.00 120,002.26 62 - Materials and SuppliesMaterials and Supplies - 2,363.94 4,900.00 - 1,013.13 2,100.00 - - - 7,000.00 3,622.93 63 - Contract ServicesContract Services 11,047.22 52,571.09 98,700.00 4,734.52 23,175.95 42,300.00 - - - 141,000.00 65,252.96 64 - UtilitiesUtilities 84.29 1,031.94 2,800.00 36.12 442.25 1,200.00 - - - 4,000.00 2,525.81 65 - Professional DevelopmentProfessional Development 2,848.30 16,515.71 21,000.00 1,220.69 7,078.14 9,000.00 - - - 30,000.00 6,406.15 67 - OtherOther - 81.53 - - - - - - - - (81.53) Program: 3000 - Finance & Accounting Total:79,147.98 573,069.83 900,800.00 33,920.42 246,159.40 403,200.00 - - - 1,304,000.00 484,770.77 - - - - - - Month Ended March 31, 2024 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 March 31, 2024 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 3200 - Information Technology - - - - - - 51 - LaborLabor 32,118.26 204,317.26 303,100.00 13,764.94 87,564.36 129,900.00 - - - 433,000.00 141,118.38 52 - Temporary LaborTemporary Labor 1,587.60 10,369.80 11,900.00 680.40 4,444.20 5,100.00 - - - 17,000.00 2,186.00 53 - OvertimeOvertime - - - - - - - - - - - 56 - BenefitsBenefits 9,134.87 147,312.84 181,300.00 3,914.85 63,133.51 77,700.00 - - - 259,000.00 48,553.65 62 - Materials and SuppliesMaterials and Supplies 3,479.39 65,222.18 49,000.00 1,491.19 27,913.25 21,000.00 - - - 70,000.00 (23,135.43) 63 - Contract ServicesContract Services 23,938.37 265,142.07 557,200.00 10,259.31 113,632.34 238,800.00 - - - 796,000.00 417,225.59 64 - UtilitiesUtilities 882.49 11,025.99 8,400.00 378.21 4,725.42 3,600.00 - - - 12,000.00 (3,751.41) 65 - Professional DevelopmentProfessional Development - 2,115.44 3,500.00 - 906.61 1,500.00 - - - 5,000.00 1,977.95 Program: 3200 - Information Technology Total:71,140.98 705,505.58 1,114,400.00 30,488.90 302,319.69 477,600.00 - - - 1,592,000.00 584,174.73 - - - - - - Program: 3300 - Customer Service - - - - - - 51 - LaborLabor 48,389.10 307,172.12 433,300.00 20,738.10 131,644.85 185,700.00 - - - 619,000.00 180,183.03 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime 421.21 5,101.32 4,900.00 180.52 2,186.29 2,100.00 - - - 7,000.00 (287.61) 56 - BenefitsBenefits 14,182.42 158,342.69 217,000.00 6,077.89 67,859.51 93,000.00 - - - 310,000.00 83,797.80 62 - Materials and SuppliesMaterials and Supplies 106.05 1,244.79 4,900.00 45.45 533.47 2,100.00 - - - 7,000.00 5,221.74 63 - Contract ServicesContract Services 27,252.80 494,263.34 635,200.00 11,679.74 211,827.07 285,800.00 - - - 921,000.00 214,909.59 64 - UtilitiesUtilities 709.55 74,746.20 112,700.00 24.90 29,370.72 48,300.00 - - - 161,000.00 56,883.08 65 - Professional DevelopmentProfessional Development 16.84 1,203.15 11,900.00 7.22 515.62 5,100.00 - - - 17,000.00 15,281.23 67 - OtherOther 29.17 1,936.63 4,200.00 - - 1,800.00 - - - 6,000.00 4,063.37 Program: 3300 - Customer Service Total:91,107.14 1,044,010.24 1,424,100.00 38,753.82 443,937.53 623,900.00 - - - 2,048,000.00 560,052.23 - - - - - - Program: 3400 - Meter Services - - - - - - 51 - LaborLabor 18,811.20 119,387.62 173,000.00 - - - - - - 173,000.00 53,612.38 53 - OvertimeOvertime - 308.63 6,000.00 - - - - - - 6,000.00 5,691.37 56 - BenefitsBenefits 6,319.26 67,254.99 101,000.00 - - - - - - 101,000.00 33,745.01 62 - Materials and SuppliesMaterials and Supplies - - 4,000.00 - - - - - - 4,000.00 4,000.00 63 - Contract ServicesContract Services 127.65 1,046.54 7,000.00 - - - - - - 7,000.00 5,953.46 64 - UtilitiesUtilities 138.22 863.00 1,000.00 - - - - - - 1,000.00 137.00 65 - Professional DevelopmentProfessional Development 60.00 60.00 - - - - - - - - (60.00) Program: 3400 - Meter Services Total:25,456.33 188,920.78 292,000.00 - - - - - - 292,000.00 103,079.22 - - - - - - Program: 4000 - Engineering - - - - - - 51 - LaborLabor 46,336.64 267,782.60 438,900.00 19,858.56 123,766.54 188,100.00 - - - 627,000.00 235,450.86 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime - - 2,100.00 - - 900.00 - - - 3,000.00 3,000.00 56 - BenefitsBenefits 9,092.82 61,151.73 107,100.00 3,896.84 26,207.18 45,900.00 - - - 153,000.00 65,641.09 62 - Materials and SuppliesMaterials and Supplies - 6,190.77 13,300.00 - 226.28 5,700.00 - - - 19,000.00 12,582.95 63 - Contract ServicesContract Services 46,381.46 121,388.41 275,100.00 2,687.37 8,567.90 117,900.00 - - - 393,000.00 263,043.69 64 - UtilitiesUtilities 6,355.51 68,760.31 61,600.00 58.92 21,814.86 26,400.00 - - - 88,000.00 (2,575.17) 65 - Professional DevelopmentProfessional Development - 4,431.74 10,500.00 - 2,120.31 4,500.00 - - - 15,000.00 8,447.95 Program: 4000 - Engineering Total:108,166.43 529,705.56 908,600.00 26,501.69 182,703.07 389,400.00 - - - 1,298,000.00 585,591.37 - - - - - - Program: 5000 - Water Production - - - - - - 51 - LaborLabor 86,079.84 562,032.07 790,000.00 - - - - - - 790,000.00 227,967.93 53 - OvertimeOvertime 11,115.61 62,245.09 46,000.00 - - - - - - 46,000.00 (16,245.09) 54 - StandbyStandby 8,137.16 34,894.53 15,000.00 - - - - - - 15,000.00 (19,894.53) 56 - BenefitsBenefits 23,886.63 306,861.07 400,000.00 - - - - - - 400,000.00 93,138.93 61 - Water SupplyWater Supply 172.50 410,657.61 768,000.00 - - - - - - 768,000.00 357,342.39 62 - Materials and SuppliesMaterials and Supplies 21,418.00 168,802.31 285,000.00 - - - - - - 285,000.00 116,197.69 63 - Contract ServicesContract Services 10,414.52 206,471.80 528,000.00 - - - - - - 528,000.00 321,528.20 64 - UtilitiesUtilities 139,703.13 1,737,961.55 3,099,000.00 - - - - - - 3,099,000.00 1,361,038.45 65 - Professional DevelopmentProfessional Development 190.00 6,414.02 11,000.00 - - - - - - 11,000.00 4,585.98 Program: 5000 - Water Production Total:301,117.39 3,496,340.05 5,942,000.00 - - - - - - 5,942,000.00 2,445,659.95 - - - - - - Program: 5100 - Water Treatment - - - - - - 51 - LaborLabor 31,531.20 199,822.60 273,000.00 - - - - - - 273,000.00 73,177.40 53 - OvertimeOvertime 2,043.90 21,321.78 39,000.00 - - - - - - 39,000.00 17,678.22 56 - BenefitsBenefits 8,336.52 135,641.26 164,000.00 - - - - - - 164,000.00 28,358.74 62 - Materials and SuppliesMaterials and Supplies 13,994.87 276,111.59 265,000.00 - - - - - - 265,000.00 (11,111.59) 63 - Contract ServicesContract Services 3,239.98 319,585.05 349,000.00 - - - - - - 349,000.00 29,414.95 64 - UtilitiesUtilities 16,984.13 121,845.73 185,000.00 - - - - - - 185,000.00 63,154.27 Program: 5100 - Water Treatment Total:76,130.60 1,074,328.01 1,275,000.00 - - - - - - 1,275,000.00 200,671.99 - - - - - - Program: 5200 - Water Quality - - - - - - 51 - LaborLabor 24,033.60 149,036.41 223,000.00 - - - - - - 223,000.00 73,963.59 53 - OvertimeOvertime 109.44 1,804.14 12,000.00 - - - - - - 12,000.00 10,195.86 56 - BenefitsBenefits 4,144.76 62,015.95 107,000.00 - - - - - - 107,000.00 44,984.05 62 - Materials and SuppliesMaterials and Supplies 1,162.87 7,531.92 25,000.00 - - - - - - 25,000.00 17,468.08 63 - Contract ServicesContract Services 4,740.00 68,631.74 128,000.00 - - - - - - 128,000.00 59,368.26 64 - UtilitiesUtilities - - 2,000.00 - - - - - - 2,000.00 2,000.00 65 - Professional DevelopmentProfessional Development - 564.79 7,000.00 - - - - - - 7,000.00 6,435.21 Program: 5200 - Water Quality Total:34,190.67 289,584.95 504,000.00 - - - - - - 504,000.00 214,415.05 - - - - - - Page 5 of 6 AMENDED AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended March 31, 2024 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDERECLAMATION Program: 6000 - Maintenance Administration - - - - - - 51 - LaborLabor 22,112.82 140,631.85 195,300.00 2,436.10 15,478.50 21,700.00 - - - 217,000.00 60,889.65 52 - Temporary LaborTemporary Labor - - - - - - - - - - - 53 - OvertimeOvertime - 377.72 1,800.00 - 41.97 200.00 - - - 2,000.00 1,580.31 54 - StandbyStandby 4,469.46 32,225.71 18,000.00 318.38 2,318.34 2,000.00 - - - 20,000.00 (14,544.05) 56 - BenefitsBenefits 9,688.84 117,102.87 142,200.00 1,024.46 12,744.88 15,800.00 - - - 158,000.00 28,152.25 62 - Materials and SuppliesMaterials and Supplies - 493.93 2,700.00 - 54.88 300.00 - - - 3,000.00 2,451.19 63 - Contract ServicesContract Services 50.65 833.20 900.00 5.65 92.49 100.00 - - - 1,000.00 74.31 64 - UtilitiesUtilities 2,126.71 20,680.68 36,900.00 236.30 2,297.76 4,100.00 - - - 41,000.00 18,021.56 65 - Professional DevelopmentProfessional Development 346.29 20,241.74 20,700.00 38.47 2,196.60 2,300.00 - - - 23,000.00 561.66 Program: 6000 - Maintenance Administration Total:38,794.77 332,587.70 418,500.00 4,059.36 35,225.42 46,500.00 - - - 465,000.00 97,186.88 - - - - - - Program: 6100 - Water Maintenance - - - - - - 51 - LaborLabor 123,213.33 772,489.56 1,064,000.00 - - - - - - 1,064,000.00 291,510.44 53 - OvertimeOvertime 45,336.36 285,705.70 319,000.00 - - - - - - 319,000.00 33,294.30 56 - BenefitsBenefits 43,105.69 439,654.24 620,000.00 - - - - - - 620,000.00 180,345.76 62 - Materials and SuppliesMaterials and Supplies 118,138.79 564,124.72 686,000.00 - - - - - - 686,000.00 121,875.28 63 - Contract ServicesContract Services 53,601.06 387,162.98 557,000.00 - - - - - - 557,000.00 169,837.02 64 - UtilitiesUtilities - - - - - - - - - - - Program: 6100 - Water Maintenance Total:383,395.23 2,449,137.20 3,246,000.00 - - - - - - 3,246,000.00 796,862.80 - - - - - - Program: 6200 - Wastewater Collection - - - - - - 51 - LaborLabor - - - 37,780.62 258,509.20 371,000.00 - - - 371,000.00 112,490.80 53 - OvertimeOvertime - - - 198.59 9,132.70 9,000.00 - - - 9,000.00 (132.70) 56 - BenefitsBenefits - - - 11,354.86 108,002.48 174,000.00 - - - 174,000.00 65,997.52 62 - Materials and SuppliesMaterials and Supplies - - - 8,504.62 32,427.53 42,000.00 - - - 42,000.00 9,572.47 Wastewater Treatment - - - - - 7,610,000.00 - - - 7,610,000.00 7,610,000.00 63 - Contract ServicesContract Services - - - 27,969.92 116,572.94 (7,405,000.00) - - - (7,405,000.00) (7,521,572.94) Program: 6200 - Wastewater Collection Total:- - - 85,808.61 524,644.85 801,000.00 - - - 801,000.00 276,355.15 - - - - - - Program: 6300 - Water Reclamation - - - - - - 51 - LaborLabor - - - - - - 88,989.14 546,308.87 750,000.00 750,000.00 203,691.13 53 - OvertimeOvertime - - - - - - 28,671.23 75,747.84 50,000.00 50,000.00 (25,747.84) 54 - StandbyStandby - - - - - - - 80.00 55,000.00 55,000.00 54,920.00 56 - BenefitsBenefits - - - - - - 23,844.29 286,386.13 404,000.00 404,000.00 117,613.87 62 - Materials and SuppliesMaterials and Supplies - - - - - - 81,625.43 164,221.69 618,000.00 618,000.00 453,778.31 63 - Contract ServicesContract Services - - - - - - 525,886.40 6,349,772.51 7,346,000.00 7,346,000.00 996,227.49 64 - UtilitiesUtilities - - - - - - 123,756.40 363,017.42 1,538,000.00 1,538,000.00 1,174,982.58 65 - Professional DevelopmentProfessional Development - - - - - - 138.28 7,879.57 20,000.00 20,000.00 12,120.43 Program: 6300 - Water Reclamation Total:- - - - - - 872,911.17 7,793,414.03 10,781,000.00 10,781,000.00 2,987,585.97 - - - - - - Program: 7000 - Facilities Maintenance - - - - - - 51 - LaborLabor 15,577.50 109,217.51 153,300.00 6,558.93 46,807.23 65,700.00 2,459.58 - - 219,000.00 62,975.26 53 - OvertimeOvertime 1,661.40 5,908.81 9,800.00 712.01 2,532.32 4,200.00 - - - 14,000.00 5,558.87 56 - BenefitsBenefits 4,251.24 62,970.30 86,100.00 1,753.05 26,985.57 36,900.00 1,444.94 9.49 - 123,000.00 33,034.64 62 - Materials and SuppliesMaterials and Supplies 10,616.69 46,207.60 40,600.00 4,408.11 18,907.51 17,400.00 1,175.92 - - 58,000.00 (7,115.11) 63 - Contract ServicesContract Services 64,546.79 749,752.46 870,000.00 18,070.10 341,971.21 373,000.00 18,161.84 (361.50) - 1,243,000.00 151,637.83 64 - UtilitiesUtilities 17,743.09 197,547.75 284,100.00 6,051.36 54,620.87 108,900.00 365.45 - - 393,000.00 140,831.38 65 - Professional DevelopmentProfessional Development - - 1,500.00 - - 1,500.00 - - - 3,000.00 3,000.00 Program: 7000 - Facilities Maintenance Total:114,396.71 1,171,604.43 1,445,400.00 37,553.56 491,824.71 607,600.00 23,607.73 (352.01) - 2,053,000.00 389,922.87 - - - Program: 7100 - Fleet Maintenance - - - - - - 51 - LaborLabor 9,354.96 59,248.08 80,000.00 1,039.44 6,583.12 20,000.00 - - - 100,000.00 34,168.80 53 - OvertimeOvertime 467.76 4,239.00 2,400.00 51.97 470.99 600.00 - - - 3,000.00 (1,709.99) 56 - BenefitsBenefits 2,815.51 20,563.45 32,800.00 312.83 2,284.66 8,200.00 - - - 41,000.00 18,151.89 62 - Materials and SuppliesMaterials and Supplies 7,511.33 137,334.28 144,000.00 1,877.85 30,615.01 36,000.00 - - - 180,000.00 12,050.71 63 - Contract ServicesContract Services 10,140.77 115,123.49 152,800.00 2,535.20 25,806.07 38,200.00 - - - 191,000.00 50,070.44 64 - UtilitiesUtilities 13,700.45 130,267.30 192,800.00 3,425.12 28,441.82 48,200.00 - - - 241,000.00 82,290.88 65 - Professional DevelopmentProfessional Development - - 3,200.00 - - 800.00 - - - 4,000.00 4,000.00 Program: 7100 - Fleet Maintenance Total:43,990.78 466,775.60 608,000.00 9,242.41 94,201.67 152,000.00 - - - 760,000.00 199,022.73 - - - Program: 8000 - Capital - - - - - 11 - Capital Assets not being DepreciatedCapital Assets not being Depreciated - - - - - - - - - - - 71 - Debt ServiceDebt Service 4,333.05 1,912,356.24 3,103,000.00 - 224,421.50 273,000.00 - - - 3,376,000.00 1,239,222.26 81 - Capital ImprovementCapital Improvement 194,603.38 788,302.45 2,695,000.00 - - 300,000.00 - - - 2,995,000.00 2,206,697.55 82 - Capital OutlayCapital Outlay 65,868.92 312,602.06 670,000.00 - 188,156.51 285,000.00 - 79,934.20 150,000.00 1,105,000.00 524,307.23 83 - Accounting Income Add backAccounting Income Add back (194,603.38) (2,446,953.02) - - (199,710.75) - - - - - 2,646,663.77 88 - Transfer from ReservesTransfer to Reserves - - (260,000.00) - - 230,000.00 - - - (30,000.00) (30,000.00) 99 - 99Transfer from Reserves - - - - - - - - - - - Program: 8000 - Capital Total:70,201.97 566,307.73 6,208,000.00 - 212,867.26 1,088,000.00 - 79,934.20 150,000.00 7,446,000.00 6,586,890.81 Total Surplus (Deficit):439,852.53$ 6,607,039.11$ -$ 258,157.80$ 1,532,493.63$ -$ 50,128.77$ (479,576.91)$ -$ -$ (7,659,955.83)$ Page 6 of 6 Agenda Item #2d May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2d Consent Item 1 0 8 8 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Adopt Resolution 2024.09 - Investment Policy 7.6 RECOMMENDATION That the Board of Directors adopt Resolution 2024.09 - Investment Policy. BACKGROUND / ANALYSIS California Government Code section 53646(a) requires that the CFO/Treasurer of a local agency annually render to the legislative body a Statement of Investment Policy for consideration at a public meeting. Accordingly, a proposed Statement of Investment Policy for fiscal year 2024-25 is attached. The proposed policy is the same version that was approved by the Board on April 12, 2023 – there have been no modifications. Last year the policy included minor modifications that had been suggested by reviewers from the California Municipal Treasurers Association (CMTA). 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 #2d May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #2d Consent Item 1 0 8 8 Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS 1. Resolution 2024.09 2. Exhibit A - Statement of Investment Policy 7.6 East Valley Water District Resolution 2024.09 Page 1 of 2 RESOLUTION NO. 2024.09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING AN INVESTMENT POLICY FOR PUBLIC FUNDS WHEREAS, the Board of Directors of the East Valley Water District (the “District”) desires to maintain a formal policy regarding the investment of public funds pursuant to the requirements of Government Code Sections 5921 and 53600 et seq.; and WHEREAS, the Board of Directors of the District has employed qualified staff to invest those funds in accordance with the law and the terms of the District’s investment policy , as well as in a manner that advances the District’s investment objectives of safety, liquidity and yield; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District that the East Valley Water District Investment Policy attached hereto as Exhibit “A” and incorporated in full herein by this reference is hereby adopted as the formal investment policy of the District; and BE IF FURTHER RESOLVED that the General Manager/CEO and the Treasurer/Chief Financial Officer of the District are hereby authorized and directed to invest the District’s funds in a manner consistent with the terms hereof and in accordance with any further directions of the District’s Board of Directors; and BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 2023.06 adopted by the Board of Directors of the District on April 12, 2023. This Resolution shall take effect on July 1, 2024. ADOPTED this 22nd day of May 2024. Ayes: Noes: Absent: Abstain: James Morales, Jr. Board President East Valley Water District Resolution 2024.09 Page 2 of 2 ATTEST: Michael Moore Secretary, Board of Directors April 12, 2023 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2024.09 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held May 22, 2024. Michael Moore Secretary, Board of Directors EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 1 of 14 Purpose The purpose of this policy is to establish guidelines for the prudent investment of East Valley Water District (District) funds in conformance with California Government Code requirements. Funds will be managed to provide for daily cash flow requirements and to meet the objectives of this policy. Policy It is the policy of the District to invest public funds in a manner which ensures the safety and preservation of capital while meeting reasonably anticipated operating needs, achieving a reasonable rate of return, and conforming to all state and local statutes governing the investment of public funds. Scope This policy applies to the investment of all operating funds; it does not apply to investments held in trust for the District retirement plan, or post-employment health benefits, as these investments are subject to policies established by the plan trustees. Indenture agreements specify how bond proceeds will be invested, but generally they will be invested in securities permitted by this policy. Invested funds are accounted for, and are identified in, the District’s Annual Comprehensive Financial Report. Objectives As specified in CGC §53600.5, when investing and managing public funds, the primary objectives, in priority order, of the District’s investment activities shall be: 1. Safety: Safety of principal is the foremost objective of the investment program. Investments of the East Valley Water District shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio by mitigating certain risks. Some of those risks are: A. Interest Rate Risk – the District will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates by: EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 2 of 14 • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operation and avoiding the need to sell securities on the open market prior to maturity. • Investing operating funds primarily in short-term securities, money market mutual funds, or investment pools. B. Credit Risk – the risk that an issuer or other counterparty to an investment will not fulfill its obligations, will be reduced by: • Limiting investments to higher rated securities as further described in this policy. • Diversifying the investment portfolio so that potential losses on individual securities will be reduced. 2. Liquidity: The investment portfolio will remain sufficiently liquid to enable the East Valley Water District to meet all operating requirements that might be reasonably anticipated. 3. Return on Investments: The investment portfolio shall be designed with the objective of attaining the best yield or returns on investments, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives. Prudence The standard of prudence to be used by District officials involved in the investment program shall be the “prudent investor” standard and shall be applied in the context of managing the overall portfolio. The meaning of the standard of prudent investor is explained in CGC Section 53600.3, which states that “when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 3 of 14 character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” The CFO/Treasurer and delegated investment officers, acting in accordance with written procedures and this Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Delegation of Authority The authority of the District’s Board of Directors to invest District funds is derived from California Government Code (CGC) section 53601. Section 53607 of the CGC grants the Board the authority to delegate that authority to the District’s Chief Financial Officer (CFO)/Treasurer. The authority to invest District funds is hereby delegated to the CFO/Treasurer. The CFO/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials in the absence of the Treasurer. All transactions will be reviewed by the Treasurer on a regular basis to ensure compliance with this Policy. No Person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Treasurer. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the District’s General Manager/CEO any material financial interest in financial institutions that conduct business within the District, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the District. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 4 of 14 All bond issue participants, including but not limited to, underwriters, bond counsel, financial advisors, brokers, and dealers will disclose any fee sharing arrangements or fee splitting to the CFO/Treasurer prior to the execution of any transaction. Authorized Broker-Dealers The CFO/Treasurer will maintain a list of approved financial institutions authorized to provide investment services to the District. These may include primary dealers authorized to buy and sell government securities in direct dealings with the Federal Reserve Bank of New York, or regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule). The list of approved financial institutions will be reviewed by the CFO/Treasurer on an annual basis. All Broker Dealers who desire to conduct investment transactions with the District must supply the CFO/Treasurer with the following: • Audited Financial Statements • Proof of Financial Industry Regulatory Authority (FINRA) certification • Proof of State of California registration • Completed broker/dealer questionnaire (except Certificate of Deposit counterparties) • Certification of having read the District’s investment policy and depository contracts Authorized and Suitable Investments The East Valley Water District as empowered by California Government Code (CGC) §53600, et. Seq., establishes the following as authorized investments: A. Local Agency Investment Fund (LAIF). The District may invest in the Local Agency Investment Fund established by the State Treasurer for the benefit of local agencies (CGC §16429.1). The fund must have 24-hour liquidity. There is no limitation on the percentage of the District portfolio that may be invested with LAIF, however, LAIF does impose a maximum deposit of $75 million. B. United States Treasury Securities. United States Treasury notes, bonds, or bills for which the full faith and credit of the United States is pledged for the payment of principal and interest (CGC §53601(b)). There is no limitation as to the percentage of EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 5 of 14 the District’s portfolio that may be invested in these securities, however, maximum investment maturities are limited to five years from the date of purchase. C. Federal Agency Obligations. The District is permitted to invest in federal agency or United States government sponsored enterprise obligations, participations, mortgage-backed securities or other instruments, including those issued by or fully guaranteed as to principal and interest by Federal agencies or United States government sponsored enterprises (CGC §53601(f)). Maximum maturity is limited to five years from the date of purchase. There is no limitation as to the percentage of the District’s portfolio that may be invested in agencies. D. Bank Depository Accounts. The District may invest in insured or collateralized certificates of deposit, savings accounts, market rate accounts, or other bank deposits issued by a state or national bank, savings and loan associations, or state or federal credit unions located in California (CGC §53630 et. Seq.). A written depository contract is required with all institutions that hold District deposits requiring that deposits be collateralized in accordance with the CGC. Under provisions of the Code, California banks and savings and loan associations are required to secure the District’s deposits by pledging government securities with a value of 110% principal and accrued interest. State law also allows financial institutions to secure the District deposits by pledging first trust deed mortgage notes having a value of 150% of the District’s total deposits. The Treasurer may waive collateral requirement for the portion of any deposit insured pursuant to federal law. Securities placed in a collateral pool must provide coverage for at least 110% of all deposits that are placed in the institution. Acceptable pooled collateral is governed by CGC §53651. Real estate mortgages are not considered acceptable collateral by the District, even though they are permitted in CGC §53651(m). All financial institutions holding District deposits are required to provide the District with a regular statement of pooled collateral. This report will state that they are meeting the 110% collateral rule, a listing of all collateral with location and market value, plus an accountability of the total amount of deposits secured by the pool. Deposits are allowable in any institution that insures its deposits with the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), and a maximum deposit of up to the federal insurance limits may be deposited in any one institution without collateral. No bank shall receive District EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 6 of 14 deposits in excess of the federal insurance limits that has a long-term debt rating by Moody’s investors Service, Standard & Poor’s, or Fitch Ratings of less than ‘A’. The maximum maturity is restricted to three years. In accordance with CGC §53638, no deposit shall exceed the shareholder’s equity of any depository bank, nor shall a deposit exceed the total net worth of any institution. No deposits shall be made at a state or federal credit union if a member of the Board of Directors or the General Manager/CEO or CFO/Treasurer of the District serves on the Board of Directors or a committee of the credit union. E. Municipal Securities. Registered treasury notes or bonds issued by the State of California or any of the other 49 states, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any states (CGC §53601 (c)(d)). Bonds, notes, or other evidence of debt issued by a local agency within the State of California, including issues by East Valley Water District if allowed under the bond indenture. This includes bonds payable solely out of revenue form a revenue- producing property owned, controlled, or operated by the local agency, or by an authority of the local agency (CGC §53601 (a)(e)). Securities must have a debt rating of at least ‘AA’ by a Nationally Recognized Statistical Rating Organization (NRSRO). Maximum maturity is limited to five years from the date of purchase, and holdings of this type of security are limited to a maximum of 20% of the District’s investment portfolio. F. Commercial Paper. Commercial paper of ‘prime’ quality of the highest ranking of the highest letter and number rating as provided for by a NRSRO and must be issued only by general corporations that are organized and operating within the United States and have total assets in excess of $500 million. The general corporation must have an ‘A’ rating or better on debt other than commercial paper, if any, assigned by an NRSRO (CGC §53601(h)). Purchases shall not exceed 5% of the outstanding paper of the issuing corporation, and maximum maturity is restricted to 270 days. This type of investment shall not exceed 15% of the District’s investment portfolio. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 7 of 14 G. Placement Service Deposits. The District may invest in Certificates of Deposit placed with a private sector entity that assists in the placement of deposits with eligible financial institutions located in the United States (CGC §53601.8). The full amount of the principal and the interest that may be accrued during the maximum term of each deposit shall at all times be insured by federal deposit insurance. Placement Service Deposits, in combination with bank certificates of deposit shall not exceed 25% of the value of the District’s investments at any time. The maximum investment maturity will be restricted to three years. H. Medium Term Notes. The District may invest in corporate and depository institution debt securities issued by corporations organized and operating within the United States, or by depository institutions licensed by the United States or any state and operating within the United States (CGC §53601(k)). Securities eligible for investment under this section shall be rated ‘AA’ or better by an NRSRO. The maximum maturity is restricted to five years, and investment in this category of security shall not exceed 30% of the District’s investible funds, and not more than 5% from a single issuer. I. Money Market Funds. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission (CGC §53601(l)(2)). The Company shall either 1) have attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs or 2) retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 15% of the District’s investible funds can be invested in Money Market Mutual funds. J. Local Government Investment Pools. Shares of beneficial interest in an investment pool created by a joint powers authority organized pursuant to CGC §6509.7 and that invest in securities and obligations authorized in the California Government Code (CGC §53601(p)). Investment is limited to pools that seek to maintain a stable Net Asset Value (NAV) and must be rated at least ‘AA’ or better by a NRSRO. A maximum of 25% of the District’s portfolio may be invested in Local EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 8 of 14 Government Investment Pools. K. Prohibited Investments. Under the provision of CGC §53601.6 and §53631.5, the District shall not invest any funds covered by this Investment Policy in inverse floaters, range notes, interest-only strips derived from mortgage pools or any investment that may result in a zero-interest accrual if held to maturity. Notwithstanding the prohibition above, the District may invest in securities issued by, or backed by, the United States government that could result in zero or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates (CA SB 998). Review of Investment Portfolio The securities held by East Valley Water District must be in compliance with the above section ‘Authorized and Suitable Investments’ at the time of purchase. If a security falls out of compliance with this section subsequent to the date of purchase, the CFO/Treasurer shall report this change to the District’s Board of Directors with the following monthly Investment Transaction report. Discussion in the monthly report will include the reasons for the change, prognosis for recovery, and a recommended course of action. Investment Pools / Mutual Funds When the District’s investment portfolio includes Investment Pools and Mutual Funds, as permitted in the section ‘Authorized and Suitable Investments’, the CFO/Treasurer shall as a matter of due diligence, monitor the assets held by the pools/funds. At least quarterly, the CFO/Treasurer will conduct an investigation to determine the following: 1. A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculation and how it is distributed, and how gains and losses are treated. 3. A description of how the securities are safeguarded (including the settlement processes), how often the securities are priced, and the program audited. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 9 of 14 4. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed. 5. A schedule for receiving statements and portfolio listings. 6. Are reserves, retained earnings, etc. utilized by the pool/fund? 7. A fee schedule, and when and how it is assessed. 8. Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? Safekeeping and Custody Agreements To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the East Valley Water District shall be kept in safekeeping by a third- party bank trust department, acting as agent for the District under the terms of a custody agreement executed by the bank and the District. All securities will be received and delivered using standard delivery versus payment (DVP) procedures with the District’s custodial bank, and evidenced by safekeeping receipts. Diversification and Maximum Maturities The District will diversify its investment by security type and institution. With the exception of the US Government, its agencies and instrumentalities, and the Local Agency Investment Fund, no more than 5% of the District’s total investment portfolio will be invested in a single security type with a single financial institution. To the extent possible, East Valley Water District will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the District will not directly invest in securities maturing more than 5 years from the date of purchase. Reserve funds may be invested in securities exceeding 5 years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. Internal Controls The CFO/Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the District are protected from loss, theft, or EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 10 of 14 misuse. The internal control structures shall be designed to provide reasonable assurance that these objectives are met. Internal controls shall be in writing and shall address the following: separation of transaction authority from accounting and record keeping, safekeeping of assets and written confirmation of telephone transactions for investments and wire transfers. The external auditors will annually review the investments and general activities associated with the investment program. This review will provide internal control by assuring compliance with the Investment Policy and District policies and procedures. Performance Standards The investment portfolio will be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints, and the cash flow needs. The District’s investment strategy is passive. The performance of the District’s investment portfolio will be evaluated and compared to an appropriate benchmark in order to assess the success of the investment portfolio relative to the District’s Safety, Liquidity, and Return on Investments’ objectives. Investment Reporting In accordance with California Government Code §53607, the CFO/Treasurer will submit a monthly report to the Board of Directors showing all investment transactions occurring in the previous month. Further, in accordance with California Government Code §53646, the CFO/Treasurer will also prepare a quarterly Investment Report and render the report to the Board of Directors no later than 30 days after the close of each calendar quarter. The report shall provide the type of investment, issuers, the date of maturity, par values and market values of each investment, transactions occurring during the reporting period, and identification of funds managed by third party managers. The report will also include 1) certification that all investment transactions have been made in compliance with the District’s Investment Policy, and 2) a statement that the District has the ability to meet all of its expenditure requirements during the next six months. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 11 of 14 Policy Adoption Adoption. This policy shall be reviewed annually with the Board of Directors and adopted by Board Resolution. Amendments. Any changes to the policy, or persons charged with maintaining internal controls over investments, must be approved by the Board. Glossary of Terms (Note: All words of a technical nature should be included. Following is an example of common treasury terminology.) Agencies: Federal agency securities and/or Government-sponsored enterprises. Annual Comprehensive Financial Report (ACFR): The official annual report of the (East Valley Water District). It includes four combined financial statements prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a Certificate. Large-denomination CDs are typically negotiable. Collateral: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 12 of 14 Delivery versus Payment (DVP): There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below the original offering price shortly after sale is also considered to be at a discount. Diversification: A Dividing investment funds among a variety of securities offering independent returns. Duration: A measure of the sensitivity of the price (the value of principal) of a fixed-income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals (e.g., S & L’s, small business firms, students, farmers, farm cooperatives, and exporters). Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks, and about 5,700 commercial banks that are members of the system. Liquidity: A liquidity asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Market Value: The price at which a security is trading and could presumably be purchased or sold. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 13 of 14 Money Market: The marker in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Offer: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. “Prudent Investor” Standard: A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. Securities and Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation. Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. Treasury Bonds: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Investment Policy Original Approval Date: July 22, 2015 Last Revised: May 22, 2024 Policy No: 7.6 Page 14 of 14 Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Revised 4/12/23 Revised 4/27/22 Revised 3/24/21 Revised 5/13/20 Revised 4/24/19 Revised 4/25/18 Revised 4/12/17 Revised 4/27/16 Agenda Item #2e May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2e Consent Item 1 0 9 1 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Accept and File Investment Transaction Report for Month Ended April 30, 2024 RECOMMENDATION That the Board of Directors accept and file the attached Investment Transaction Report for the month ended April 30, 2024. 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 April the District maintained a balance of $19,139,519 in funds invested with LAIF. There was one deposit of interest earned for the previous quarter for $205,873, and no maturities or withdrawals, leaving the account with a month end balance of $19,345,392. Investments held in the District’s U.S. Bank Custodial Account totaled $16,079,840 at the beginning of April. Earnings added $37,571 to the account, while fees reduced the balance by $1,000. In addition, amortization of premiums and accretion of discounts on several different securities reduced the balance $2 to the adjusted cost basis for the investments, resulting in an account balance at the end of April of $16,116,409. This balance is split between a mutual fund ($573,130) and federal securities shown on the attached schedule with a total balance of $15,543,279. 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. Agenda Item #2e May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #2e Consent Item 1 0 9 1 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 ATTACHMENTS 1. Investment Transaction Report for Month Ended Apr 30 2024 2. LAIF Statement for April 2024 EAST VALLEY WATER DISTRICT Investment Activity Month Ended April 30, 2024 Activity (Book Value) Adjusted Purch Units /Maturity Prem Amortization/Adjusted Cost Matured /Cost Market Date Issuer CUSIP Yield Face Value Date 4/1/2024 Disc Accretion 4/1/2024 Purchases Called 4/30/2024 Value 10/18/21 US Treasury Note 91282CAZ4 0.375%500,000 11/30/25 496,757.08 158.91 496,915.99 496,915.99 464,140.00 03/31/21 US Treasury Note 91282CBT7 0.750%500,000 03/31/26 498,023.48 63.32 498,086.80 498,086.80 461,155.00 12/08/23 US Treasury Note 91282CJL6 4.875%500,000 05/31/24 501,105.50 (42.73)501,062.77 501,062.77 497,890.00 12/26/23 US Treasury Note 91282CJS1 4.250%500,000 12/31/25 499,680.24 16.51 499,696.75 499,696.75 492,990.00 12/27/23 US Treasury Note 91282CJP7 4.375%600,000 12/15/26 605,994.54 (166.05)605,828.49 605,828.49 591,912.00 04/22/24 US Treasury Note 91282CJC6 4.625%200,000 10/15/26 -6.84 6.84 198,921.88 198,928.72 198,468.00 01 & 05/20 Tenn Valley Authority 880591ER9 2.875%300,000 09/15/24 300,733.28 (139.20)300,594.08 300,594.08 297,096.00 08/19/20 US Treasury N/B 91282CFG1 3.250%300,000 08/31/24 299,933.60 4.38 299,937.98 299,937.98 297,903.00 05/19/23 US Treasury Note 91282CGX3 3.875%300,000 04/30/25 298,831.25 94.58 298,925.83 298,925.83 295,998.00 04/05/24 US Treasury Note 91282CKH3 4.500%500,000 03/31/26 -43.89 43.89 498,125.00 498,168.89 494,980.00 04/10/24 US Treasury Note 91282CJE2 5.000%400,000 10/31/25 -16.97 16.97 399,812.50 399,829.47 399,064.00 4/10 & 4/11 US Treasury Note 91282CKJ9 4.500%800,000 04/15/27 -58.85 58.85 794,429.69 794,488.54 791,872.00 07/30/20 Federal Home Loan Bank 3130AJUN7 0.550%250,000 07/30/24 249,994.35 1.27 249,995.62 249,995.62 247,037.50 08/05/20 FHLMC MTN 3134GWMY9 0.625%100,000 08/19/25 100,000.00 100,000.00 100,000.00 94,352.00 09/23/21 Federal Home Loan Bank 3130APAZ8 1.030%200,000 09/30/26 200,000.00 200,000.00 200,000.00 181,308.00 03/25/21 Federal Home Loan Bank 3130ALUF9 1.000%300,000 03/30/26 300,000.00 300,000.00 300,000.00 277,338.00 03/25/21 Federal Home Loan Bank 3130ALPB4 0.800%300,000 05/30/25 300,000.00 300,000.00 300,000.00 286,689.00 03/29/21 Federal Home Loan Bank 3130ALU93 0.750%200,000 06/30/25 200,000.00 200,000.00 200,000.00 190,330.00 09/17/21 Federal Home Loan Bank 3130AP6M2 1.020%400,000 09/30/26 400,000.00 400,000.00 400,000.00 362,528.00 12/27/23 Federal Home Loan Bank 3130AWLY4 5.125%400,000 06/13/25 403,078.19 (203.51)402,874.68 402,874.68 399,600.00 12/26/23 Federal Home Loan Bank 3130AYBS4 5.000%500,000 06/26/25 500,000.00 500,000.00 500,000.00 498,755.00 12/27/23 Federal Home Loan Bank 3130AYB39 5.400%500,000 12/22/25 500,000.00 500,000.00 500,000.00 499,800.00 10/15/21 Federal Home Loan Bank 3130AKC95 0.550%200,000 10/29/25 199,146.02 44.96 199,190.98 199,190.98 186,656.00 10/15/21 Federal Home Loan Bank 3130APJ55 1.250%300,000 10/26/26 299,998.03 0.30 299,998.33 299,998.33 272,700.00 10/28/21 Federal Home Loan Bank 3130APLB9 0.850%100,000 10/28/24 100,000.00 100,000.00 100,000.00 97,914.00 02/14/24 Federal Home Loan Bank 3130AYZV1 5.060%200,000 02/13/26 200,000.00 200,000.00 200,000.00 199,160.00 11/10/21 Federal Home Loan Bank 3130APUY9 1.000%200,000 02/28/25 200,000.00 200,000.00 200,000.00 193,126.00 11/29/21 Federal Home Loan Bank 3130AQ2H5 1.050%100,000 11/25/24 99,996.40 0.55 99,996.95 99,996.95 97,696.00 04/05/24 Federal Home Loan Bank 3130B0SH3 5.080%500,000 04/09/26 --500,000.00 500,000.00 498,890.00 04/09/24 Federal Home Loan Bank 3130B0SU4 5.150%500,000 01/09/26 --500,000.00 500,000.00 498,585.00 04/09/24 Federal Home Loan Bank 3130B0SP5 5.250%500,000 01/08/27 --500,000.00 500,000.00 498,835.00 04/10/24 Federal Home Loan Bank 3130B0UQ0 5.000%500,000 04/15/27 --500,000.00 500,000.00 497,840.00 04/16/24 Federal Home Loan Bank 3130B0YF0 5.250%300,000 04/22/26 --300,000.00 300,000.00 298,806.00 04/22/24 Federal Home Loan Bank 3130B13F2 4.910%450,000 11/27/26 -(9.42)(9.42)450,445.50 450,436.08 449,392.50 11/17/21 Federal Farm Credit Bank 3133ENEM8 1.430%200,000 11/23/26 200,000.00 200,000.00 200,000.00 182,408.00 12/27/23 Federal Farm Credit Bank 3133EPT21 4.625%400,000 01/27/25 399,736.66 21.56 399,758.22 399,758.22 398,220.00 12/12/23 Federal Home Loan Bank 3130AY5A0 5.140%300,000 12/18/25 300,000.00 300,000.00 300,000.00 298,191.00 12/14/23 Federal Home Loan Bank 3130AY5Z5 5.000%500,000 12/18/26 500,000.00 500,000.00 500,000.00 496,115.00 12/18/23 Federal Home Loan Bank 3130AY7M2 5.000%300,000 12/18/26 300,000.00 300,000.00 300,000.00 297,645.00 03/26/24 FNMA 3135GAQM6 5.150%500,000 03/26/27 500,000.00 500,000.00 500,000.00 496,185.00 04/11/24 FHLMC MTN 3134H1YX5 5.050%450,000 03/26/26 -25.93 25.93 448,537.50 448,563.43 447,759.00 04/15/24 FHLMC MTN 3134H1E41 5.300%500,000 10/08/27 --500,000.00 500,000.00 498,170.00 15,550,000.00 9,953,008.62 (2.09)9,953,006.53 5,590,272.07 -15,543,278.60 15,225,499.00 Attachment A Agenda Item #2f May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #2f Consent Item 1 0 9 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve March 2024 Disbursements: Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH payments in the amount of $10,468,488.37 and $729,397.38 for payroll RECOMMENDATION That the Board of Directors approve the District's expense disbursements for the period March 1, 2024 through March 31, 2024 in the amount of $11,197,885.75. BACKGROUND / ANALYSIS The payment register for supplies, materials, services, and payroll for March 2024 is attached for review and approval. This process provides the Board of Directors and the public with an opportunity to review the expenses of the District. Accounts Payable are processed weekly, while payroll is processed bi-weekly. District Policy 7.1 provides the requirements for purchases and contracts and all supporting documents are maintained by the Purchasing Agent. Accounts payable disbursements for the period include check numbers 262754 through 262916, bank drafts, and ACH Payments in the amount of $10,468,488.37 and $729,397.38, for payroll. Significant expenses greater than or equal to $50,000 are further explained below: Agenda Item #2f May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #2f Consent Item 1 0 9 6 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 This item is funded in the current fiscal year budget. Agenda Item #2f May 22, 20243 Meeting Date: May 22, 2024 Agenda Item #2f Consent Item 1 0 9 6 Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS March 2024 Payment Register PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/4/2024 262754 SAN GORGONIO HIGH SCHOOL 150.00 3/4/2024 262755 EAST VALLEY ASSOCIATION OF REALTORS 672.50 3/4/2024 262756 SBCUSD Specialized Programs 150.00 3/4/2024 262757 VIRGINIA HERNANDEZ 150.00 3/4/2024 262758 Chris Carrillo for Supervisor 150.00 3/4/2024 262759 KATHLEEN MATLOCK 24.98 3/4/2024 262760 NORMA DIXON 300.00 3/4/2024 262761 REBECCA PADILLA 200.00 3/4/2024 262762 ZIQUIAN MING 30.00 3/7/2024 262763 ACS SUPPORT 26.00 3/7/2024 262764 AT&T 1,870.13 3/7/2024 262765 AUTOZONE PARTS 670.64 3/7/2024 262766 BURRTEC WASTE/ 5455 Industrial pkwy 711.82 3/7/2024 262767 BURRTEC WASTE/ E. 111 MILL ST 311.76 3/7/2024 262768 CHEM-TECH INTERNATIONAL INC 4,788.60 3/7/2024 262769 COLONIAL LIFE, PREMIUM 491.64 3/7/2024 262770 DIRECTV 536.23 3/7/2024 262771 EEC ENVIRONMENTAL 365.00 3/7/2024 262772 EUROFINS EATON ANALYTICAL, INC 9,490.00 3/7/2024 262773 EVERSOFT, INC 309.58 3/7/2024 262774 EYE MED VISION CARE 1,564.64 3/7/2024 262775 Hazen and Sawyer 5,858.51 3/7/2024 262776 I INLAND (KENWORTH (US) INC.)246.59 3/7/2024 262777 Isabel Hernandez 1,145.00 3/7/2024 262778 K & L HARDWARE 164.26 3/7/2024 262779 KONICA MINOLTA BUSINESS SOLUTIONS 589.65 3/7/2024 262780 KRIEGER & STEWART, INCORPORATED 25,565.60 3/7/2024 262781 LOGICALIS, INC 66,543.92 3/7/2024 262782 Marvin's Mobile Truck Wash 960.00 3/7/2024 262783 O'REILLYS AUTO PARTS 220.26 3/7/2024 262784 PILAR ONATE 10,180.64 3/7/2024 262785 R. F. MacDonald Co., LLC 8,279.40 3/7/2024 262786 SAN BDNO AREA CHAMBER OF COMMERCE 220.00 3/7/2024 262787 SINGLEWIRE SOFTWARE, LLC 15,605.34 3/7/2024 262788 SO CAL GAS 1,102.14 3/7/2024 262789 Solitude Lake Management LLC 1,225.00 3/7/2024 262790 UNIFIRST CORPORATION 1,701.84 3/7/2024 262792 US BANCORP SERVICE CENTER 44,680.45 3/7/2024 262797 Vox Civic Communications 12,500.00 3/7/2024 262798 Washington Media Group, Inc.3,500.00 3/7/2024 262799 WEB ADVANCED CORPORATION 1,387.50 3/7/2024 262800 WESTERN WATER WORKS SUPPLY CO., INC 1,071.04 3/7/2024 262801 WESTLAND GROUP, INC.1,837.50 3/14/2024 262802 ALTERNATIVE HOSE INC 793.46 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 1 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/14/2024 262803 AUTOZONE PARTS 29.08 3/14/2024 262804 BALFOUR BEATTY INFRASTRUCTURE, INC 223,250.00 3/14/2024 262805 BEAR VALLEY MUTUAL WATER COMPANY 172.50 3/14/2024 262806 BURRTEC WASTE/ 5455 Industrial pkwy 3,350.19 3/14/2024 262807 BURRTEC WASTE/ E. 111 MILL ST 1,830.78 3/14/2024 262808 CHEM-TECH INTERNATIONAL INC 42,180.65 3/14/2024 262809 CITY OF HIGHLAND 300.00 3/14/2024 262810 CITY OF HIGHLAND 3,240.00 3/14/2024 262811 Consolidated Electrical Distributors, Inc.438.39 3/14/2024 262812 CULLIGAN OF ONTARIO 175.43 3/14/2024 262813 DIRECTV 55.79 3/14/2024 262814 EWING IRRIGATION PRODUCTS INC 168.64 3/14/2024 262815 FIRST CHOICE SERVICES 1,105.87 3/14/2024 262816 Granite Construction Company 867.39 3/14/2024 262817 Haringa Compressor Inc. 485.00 3/14/2024 262818 Juan D. Basols 1,778.51 3/14/2024 262819 K & L HARDWARE 100.56 3/14/2024 262820 KONICA MINOLTA BUSINESS SOLUTIONS 180.82 3/14/2024 262821 LOWE'S 2,061.77 3/14/2024 262822 NAVIGATING PREPAREDNESS ASSOCIATES LLC 5,425.54 3/14/2024 262823 O'REILLYS AUTO PARTS 307.90 3/14/2024 262824 PLANETBIDS, LLC 7,475.00 3/14/2024 262825 Pro-West & Assoc., Inc 8,257.89 3/14/2024 262826 QUINCY COMPRESSOR, LLC 739.00 3/14/2024 262827 RYAN HERCO FLOW SOLUTIONS 5,158.52 3/14/2024 262828 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 593,943.61 3/14/2024 262829 SOUTH COAST A Q M D 665.26 3/14/2024 262830 SOUTHERN CALIFORNIA EDISON COMPANY 147,639.46 3/14/2024 262831 SPECTRUM 8,432.16 3/14/2024 262832 THE SUN 121.95 3/14/2024 262833 UNITED SITE SERVICES OF CALIFORNIA, INC 420.54 3/14/2024 262834 US AIR CONDITIONING DISTRIBUTORS, LLC 13.14 3/18/2024 262835 D & J PROPERTIES, INC 119.84 3/18/2024 262836 BEAZER HOMES HOLDINGS LLC 84.67 3/18/2024 262837 BEAZER HOMES HOLDINGS LLC 150.00 3/18/2024 262838 BEAZER HOMES HOLDINGS LLC 147.42 3/18/2024 262839 BEAZER HOMES HOLDINGS LLC 60.61 3/18/2024 262840 BEAZER HOMES HOLDINGS LLC 57.56 3/18/2024 262841 BEAZER HOMES HOLDINGS LLC 62.72 3/18/2024 262842 MIKE MAHMOUDI 1,690.18 3/18/2024 262843 LAURCO, INC.1,798.07 3/18/2024 262844 CLARK & SONS 2,206.79 3/18/2024 262845 PB BROWN 2,269.53 3/18/2024 262846 ONTRACK INVESTMENTS LLC 304.40 3/18/2024 262847 JAVIER RODRIGUEZ ALVA 3.47 3/18/2024 262848 REVILO HOLDINGS LLC 150.00 3/18/2024 262849 TANYA FERNANDEZ 22.73 3/18/2024 262850 JORGE OSVALDO HEREDIA 22.39 3/18/2024 262851 33 INC 72.00 3/18/2024 262853 MAURICIO CAPETILLO 750.00 3/21/2024 262854 Golden Management Services Inc.1,420.25 3/21/2024 262855 San Bernardino County Probation Dept.150.00 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 2 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/21/2024 262856 ACS SUPPORT 26.00 3/21/2024 262857 ALTERNATIVE HOSE INC 1,642.51 3/21/2024 262858 AT&T 582.51 3/21/2024 262859 C Wells Pipeline Materials, Inc 3,947.71 3/21/2024 262860 Commercial Gate Co., Inc.195.00 3/21/2024 262861 Consolidated Electrical Distributors, Inc.76.93 3/21/2024 262862 DENTAL HEALTH SERVICES 158.10 3/21/2024 262863 EUCLID MANAGERS, INSURANCE SERVICES INC.288.00 3/21/2024 262864 EUROFINS EATON ANALYTICAL, INC 37,694.00 3/21/2024 262865 FIRST CHOICE SERVICES 1,540.64 3/21/2024 262866 FULL TRAFFIC MAINTENANCE, INC 1,571.11 3/21/2024 262867 IB CONSULTING, LLC 15,637.74 3/21/2024 262868 INLAND DESERT SECURITY & COMMUNICATIONS, INC 825.05 3/21/2024 262869 Juan D. Basols 1,107.00 3/21/2024 262870 K & L HARDWARE 59.44 3/21/2024 262871 KONICA MINOLTA BUSINESS SOLUTIONS 152.13 3/21/2024 262872 KRIEGER & STEWART, INCORPORATED 546.65 3/21/2024 262873 National Notary Association 129.00 3/21/2024 262874 Norlab, Inc 177.84 3/21/2024 262875 R. F. MacDonald Co., LLC 6,465.00 3/21/2024 262876 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT 56.00 3/21/2024 262877 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 20,079.08 3/21/2024 262878 SCEM Urgent Care Centers 165.00 3/21/2024 262879 SO CAL GAS 21.14 3/21/2024 262880 SOUTHERN CALIFORNIA EDISON COMPANY 19,931.06 3/21/2024 262881 Suburban Propane, LP 1,749.21 3/21/2024 262882 Texas Life Insurance Company 614.71 3/21/2024 262883 TROY ALARM, INC. C/O ALARM CONNECTIONS 199.68 3/21/2024 262884 UNIFIRST CORPORATION 2,494.96 3/21/2024 262887 UNITED REFRIGERATION INC 334.33 3/21/2024 262888 WATER SYSTEMS CONSULTING, INC 82,814.25 3/21/2024 262889 WestAir Gases & Equipment, Inc.33,953.54 3/21/2024 262890 WESTLAND GROUP, INC.9,287.50 3/21/2024 262891 YO FIRE 198.26 3/21/2024 262892 TAMMY COX 19.59 3/21/2024 262893 PINGSH HAN 181.08 3/21/2024 262894 PAULO VILARDI 47.99 3/21/2024 262895 EQUITY PREMIUM INVESTMENTS, INC 89.45 3/21/2024 262896 KIMBERLY BAILEY 101.20 3/22/2024 262897 California Department of Fish and Wildlife 509,400.00 3/27/2024 262898 ACS SUPPORT 26.00 3/27/2024 262899 AUTOZONE PARTS 16.71 3/27/2024 262900 C Wells Pipeline Materials, Inc 5,929.05 3/27/2024 262901 Chase Truck Mobile Service 1,766.99 3/27/2024 262902 COLONIAL LIFE, PREMIUM 491.64 3/27/2024 262903 CONSUMERS PIPE & SUPPLY COMPANY 89.86 3/27/2024 262904 DXP Enterprises, Inc 2,755.61 3/27/2024 262905 JON'S FLAGS & POLES, INC 2,115.13 3/27/2024 262906 K & L HARDWARE 205.78 3/27/2024 262907 KRIEGER & STEWART, INCORPORATED 7,224.14 3/27/2024 262908 Marvin's Mobile Truck Wash 1,690.00 3/27/2024 262910 MNI 233.00 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 3 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/27/2024 262911 North Star Consulting Inc.17,889.18 3/27/2024 262912 O'REILLYS AUTO PARTS 1,183.45 3/27/2024 262913 SO CAL GAS 2,723.19 3/27/2024 262914 SOUTHERN CALIFORNIA EDISON COMPANY 119,284.00 3/27/2024 262915 STEP SAVER, INC 2,959.75 3/27/2024 262916 US BANCORP SERVICE CENTER 39,221.86 BANK DRAFTS 3/1/2024 DFT0005175 CALPERS/ MEDICAL 122,414.84 3/4/2024 DFT0005187 MERCHANT BANKCD 752.54 3/4/2024 DFT0005188 GLOBAL PAYMENTS 29,758.25 3/6/2024 DFT0005178 CA SDI Tax 3,797.29 3/6/2024 DFT0005179 CALPERS/ DEFERRED COMPENSATION 23,374.23 3/6/2024 DFT0005180 CALPERS/ RETIREMENT 58,902.58 3/6/2024 DFT0005181 Federal Payroll Tax 40,275.54 3/6/2024 DFT0005182 Medicare 10,027.88 3/6/2024 DFT0005183 Social Security 1,439.08 3/6/2024 DFT0005184 STATE DISBURSEMENT UNIT 908.77 3/6/2024 DFT0005185 State Payroll Tax 15,817.36 3/6/2024 DFT0005190 US BANK CORPORATE TRUST SERVICES 6,000,000.00 3/12/2024 DFT0005189 FORTE, ACH DIRECT INC, ACH FEES 4,606.38 3/13/2024 DFT0005186 PayNearMe, Inc.294.52 3/15/2024 DFT0005192 CA SDI Tax 4,025.97 3/15/2024 DFT0005193 CALPERS/ DEFERRED COMPENSATION 24,593.09 3/15/2024 DFT0005194 CALPERS/ RETIREMENT 59,418.03 3/15/2024 DFT0005195 Federal Payroll Tax 41,227.20 3/15/2024 DFT0005196 Medicare 10,624.62 3/15/2024 DFT0005197 Social Security 93.74 3/15/2024 DFT0005198 State Payroll Tax 16,810.70 3/15/2024 DFT0005199 STATE DISBURSEMENT UNIT 908.77 3/20/2024 DFT0005191 CALPERS/ MEDICAL 122,414.84 3/22/2024 DFT0005208 CBB 628.47 3/29/2024 DFT0005200 CA SDI Tax 3,862.19 3/29/2024 DFT0005201 CALPERS/ DEFERRED COMPENSATION 23,931.28 3/29/2024 DFT0005202 CALPERS/ RETIREMENT 59,326.06 3/29/2024 DFT0005203 Federal Payroll Tax 39,790.10 3/29/2024 DFT0005204 Medicare 10,198.96 3/29/2024 DFT0005205 Social Security 1,321.22 3/29/2024 DFT0005206 State Payroll Tax 15,869.86 3/29/2024 DFT0005207 STATE DISBURSEMENT UNIT 908.77 3/29/2024 DFT0005209 PayNearMe, Inc.216.91 ACH PAYMENTS 3/7/2024 10013839 AMAZON CAPITAL SERVICES, INC 5,743.97 3/7/2024 10013840 AMERICAN RENTALS, INC 3,920.00 3/7/2024 10013841 BARRY'S SECURITY SERVICES, INC 8,175.01 3/7/2024 10013842 BOOT BARN, INC 1,185.29 3/7/2024 10013843 BURGESS MOVING & STORAGE 768.45 3/7/2024 10013844 CAROL CALES 568.35 3/7/2024 10013845 CLARK PEST CONTROL 218.00 3/7/2024 10013846 CLEARFLY COMMUNATIONS 88.72 3/7/2024 10013847 CORE & MAIN LP 18,728.15 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 4 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/7/2024 10013848 DANIEL DAVIS 647.19 3/7/2024 10013849 DAVID HERNANDEZ 600.74 3/7/2024 10013850 ED KING 850.00 3/7/2024 10013851 ELISEO OCHOA 575.09 3/7/2024 10013852 EVWD EMPLOYEES EVENTS ASSOC 390.52 3/7/2024 10013853 EXCEL LANDSCAPE, INC 21,207.50 3/7/2024 10013854 FERGUSON ENTERPRISES, INC.12,014.89 3/7/2024 10013855 FLEET SERVICES /COLTON TRUCK 146.48 3/7/2024 10013856 FRONTIER COMMUNICATIONS 85.21 3/7/2024 10013857 GENESIS INDUSTRIAL SUPPLY, INC 900.11 3/7/2024 10013858 GRAINGER 1,023.27 3/7/2024 10013859 INDUSTRIAL RUBBER & SUPPLY 15.35 3/7/2024 10013860 iWATER, INC 4,000.00 3/7/2024 10013861 JOHN MURA 720.13 3/7/2024 10013862 LANDS END INC 605.44 3/7/2024 10013863 LINCOLN NATIONAL LIFE INS CO.2,534.03 3/7/2024 10013864 MANAGED MOBILE, INC.2,449.32 3/7/2024 10013865 MARTHA T DURAN 850.00 3/7/2024 10013866 MATT ARMITAGE 60.00 3/7/2024 10013867 MCMASTER-CARR 76.32 3/7/2024 10013868 MICHAEL HENDERSON 727.21 3/7/2024 10013869 MIKE J. ROQUET CONSTRUCTION INC 26,070.95 3/7/2024 10013870 MINUTEMAN PRESS OF RANCHO CUCAMONGA 7,064.72 3/7/2024 10013871 MOBILE OCCUPATIONAL SERVICES, INC 240.50 3/7/2024 10013872 REBECCA KASTEN 669.44 3/7/2024 10013873 RESOLUTE 754.06 3/7/2024 10013874 RICHARD BECERRA 727.21 3/7/2024 10013875 SCN, SECURITY COMMUNICATION NETWORK, INC 435.00 3/7/2024 10013876 SDRMA, SPECIAL DISTRICT RISK MGMT 12,947.88 3/7/2024 10013877 STAPLES BUSINESS ADVANTAGE 293.22 3/7/2024 10013878 STEVE A. FILARSKY, ATTORNEY AT LAW 262.50 3/7/2024 10013879 THE GRANT FARM (MOMENTUM)5,828.00 3/7/2024 10013880 TROY ALARM, INC.425.77 3/7/2024 10013881 TYLER TECHNOLOGIES, INC 1,191.67 3/7/2024 10013882 U.S. BANK OPERATIONS CENTER 295,425.00 3/7/2024 10013883 U.S. BANK OPERATIONS CENTER 160,725.75 3/7/2024 10013884 UNDERGROUND SERVICE ALERT 983.00 3/7/2024 10013885 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 231.15 3/7/2024 10013886 VULCAN MATERIALS CO/ CALMAT CO 987.13 3/7/2024 10013887 WILLIAM RINGLAND 8,000.00 3/7/2024 10013888 WOODARD & CURRAN INC.284,746.35 3/7/2024 10013889 WORK BOOT WAREHOUSE 150.00 3/7/2024 10013890 Yahweh Pools 250.00 3/14/2024 10013891 ALBERT A. WEBB ASSOCIATES 38,410.34 3/14/2024 10013892 ALLISON MECHANICAL, INC 2,797.42 3/14/2024 10013893 AMAZON CAPITAL SERVICES, INC 2,567.90 3/14/2024 10013894 AMERICAN RENTALS, INC 85.82 3/14/2024 10013895 ANTHESIS 11,086.43 3/14/2024 10013896 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS 1,943.08 3/14/2024 10013897 ASBCSD 156.00 3/14/2024 10013898 BARRY'S SECURITY SERVICES, INC 7,548.03 3/14/2024 10013899 CINTAS CORPORATION (FIRST AID)335.53 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 5 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/14/2024 10013900 CORELOGIC SOLUTIONS, LLC 392.04 3/14/2024 10013901 ECOTECH SERVICES, INC 2,177.00 3/14/2024 10013902 FMB TRUCK OUTFITTERS, INC 906.11 3/14/2024 10013903 FRONTIER COMMUNICATIONS 979.48 3/14/2024 10013904 GOLDEN STATE LABOR COMPLIANCE, LLC 4,990.00 3/14/2024 10013905 GRAINGER 1,380.85 3/14/2024 10013906 HARRINGTON INDUSTRIAL PLASTIC 1,207.04 3/14/2024 10013907 JC LAW FIRM 11,357.50 3/14/2024 10013908 JEREMY SUBRIAR 100.00 3/14/2024 10013909 JOSE MILLAN 320.00 3/14/2024 10013910 MANAGED MOBILE, INC.2,711.77 3/14/2024 10013911 MARLINK INC 468.75 3/14/2024 10013912 MIKE J. ROQUET CONSTRUCTION INC 27,755.51 3/14/2024 10013913 MINUTEMAN PRESS OF RANCHO CUCAMONGA 972.87 3/14/2024 10013914 PATTON'S SALES CORP 136.13 3/14/2024 10013915 PLUMBERS DEPOT INC.5,528.50 3/14/2024 10013916 Ryan Ritualo 49.76 3/14/2024 10013917 Safety Compliance Company 200.00 3/14/2024 10013918 SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT 4,333.05 3/14/2024 10013919 SG CREATIVE, LLC 7,245.00 3/14/2024 10013920 STERICYCLE, INC DBA SHRED-IT 340.53 3/14/2024 10013921 TSR PERFORMANCE 1,946.44 3/14/2024 10013922 TYLER TECHNOLOGIES, INC 145.00 3/14/2024 10013923 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 810.43 3/14/2024 10013924 VALERO FLEET, WEX BANK 17,037.03 3/14/2024 10013925 VULCAN MATERIALS CO/ CALMAT CO 5,064.88 3/21/2024 10013926 ACI PAYMENTS INC.45.05 3/21/2024 10013927 ADCOMP SYSTEMS, INC 419.29 3/21/2024 10013928 ADVANCED TELEMETRY SYSTEMS INTERNATIONAL, INC.5,750.00 3/21/2024 10013929 ALBERT A. WEBB ASSOCIATES 4,080.00 3/21/2024 10013930 AMAZON CAPITAL SERVICES, INC 1,093.43 3/21/2024 10013932 ASHOK K. DHINGRA, AKD CONSULTING 10,843.78 3/21/2024 10013933 BARRY'S SECURITY SERVICES, INC 7,610.56 3/21/2024 10013934 BOOT BARN, INC 170.00 3/21/2024 10013935 CLARK PEST CONTROL 301.00 3/21/2024 10013936 CLINICAL LAB OF S B 4,684.00 3/21/2024 10013937 CORE & MAIN LP 9,420.58 3/21/2024 10013938 DANGELO CO INC 414.84 3/21/2024 10013939 DANIEL STRONG 80.00 3/21/2024 10013940 EVWD EMPLOYEES EVENTS ASSOC 290.49 3/21/2024 10013941 EXCEL LANDSCAPE, INC 232.65 3/21/2024 10013942 Exclaimer LTD 1,539.00 3/21/2024 10013943 EZEQUIEL ELECTRIC, INC.23,482.00 3/21/2024 10013944 FERGUSON ENTERPRISES, INC.34,042.05 3/21/2024 10013945 FRONTIER COMMUNICATIONS 177.75 3/21/2024 10013946 GENESIS INDUSTRIAL SUPPLY, INC 4,027.43 3/21/2024 10013947 GRAINGER 848.50 3/21/2024 10013948 INFOSEND, INC 354.45 3/21/2024 10013949 JOSE MILLAN 3,700.00 3/21/2024 10013950 MCMASTER-CARR 633.17 3/21/2024 10013951 MIKE J. ROQUET CONSTRUCTION INC 9,638.04 3/21/2024 10013952 MINUTEMAN PRESS OF RANCHO CUCAMONGA 767.44 PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 6 of 7 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 3/21/2024 10013953 PATTON'S SALES CORP 187.81 3/21/2024 10013954 PLUMBERS DEPOT INC.784.09 3/21/2024 10013955 RESOLUTE 20,000.00 3/21/2024 10013956 UNDERGROUND SERVICE ALERT 983.00 3/21/2024 10013957 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 119.41 3/21/2024 10013958 VERIZON WIRELESS 6,850.55 3/21/2024 10013959 VULCAN MATERIALS CO/ CALMAT CO 7,269.19 3/21/2024 10013960 WHITE CAP LP 1,255.23 3/27/2024 10013961 ALBERT A. WEBB ASSOCIATES 19,174.00 3/27/2024 10013962 AMAZON CAPITAL SERVICES, INC 1,853.96 3/27/2024 10013963 AMERICAN RENTALS, INC 22.79 3/27/2024 10013964 BARRY'S SECURITY SERVICES, INC 7,693.32 3/27/2024 10013965 CALIFORNIA TOOL & WELDING SUPPLY 2,117.14 3/27/2024 10013966 CINTAS CORPORATION (FIRST AID)408.35 3/27/2024 10013967 COMPUTERIZED EMBROIDERY COMPANY, INC 5,965.27 3/27/2024 10013968 CORE & MAIN LP 38,040.29 3/27/2024 10013970 EVWD EMPLOYEES EVENTS ASSOC 358.50 3/27/2024 10013971 GRAINGER 1,873.34 3/27/2024 10013972 HADRONEX, INC dba SMARTCOVER SYSTEMS 27,130.25 3/27/2024 10013973 HARRINGTON INDUSTRIAL PLASTIC 79.31 3/27/2024 10013974 INDUSTRIAL RUBBER & SUPPLY 352.75 3/27/2024 10013975 KEN TAYLOR 90.00 3/27/2024 10013976 LINCOLN NATIONAL LIFE INS CO.2,534.03 3/27/2024 10013977 MERLIN JOHNSON CONSTRUCTION 121,327.95 3/27/2024 10013978 MIKE J. ROQUET CONSTRUCTION INC 3,429.90 3/27/2024 10013979 PATTON'S SALES CORP 818.94 3/27/2024 10013980 PLUMBERS DEPOT INC.807.36 3/27/2024 10013981 Safety Compliance Company 600.00 3/27/2024 10013982 STAPLES BUSINESS ADVANTAGE 118.48 3/27/2024 10013983 TYLER TECHNOLOGIES, INC 290.00 3/27/2024 10013984 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 376.04 TOTAL 10,468,488.37$ PAYMENT REGISTER MARCH 1, 2024 - MARCH 31, 2024 Page 7 of 7 Agenda Item #3a May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Review FY 2024-25 Revenue Projections RECOMMENDATION This agenda item is for informational purposes only, no action required. BACKGROUND / ANALYSIS During the regular Board Meeting held on April 10, 2024, staff presented to the Board of Directors (Board) proposed program goals and objectives for fiscal year (FY) 2024- 25. Operating and Capital programs are being developed to achieve those goals and objectives. The East Valley Water District (District) is a public utility that collects only enough revenue for the actual projected cost to provide water and wastewater services. The District’s goal is to provide a balanced budget with forecasted revenues matching forecasted expenses. Prior to completing the operational and capital spending plan, the revenue forecast is developed and presented to the Board. Rates included in these revenue projections were adopted by the District on May 15, 2024, with the first rate adjustment scheduled to become effective FY 2024-25. Other factors included in these projections are customer data and historical consumption data. WATER FUND REVENUE PROJECTIONS The District will provide water services through approximately 21,531 connected accounts in FY 2024-25, with an additional 277 commercial fire service connections for emergency fire suppression needs. The Water and Wastewater Rate Study utilized several assumptions to develop revenue requirements based on the cost-of-services. The cost-of-service includes assumptions on future cost of operations, debt obligations, capital, and reserve funding. Water revenue is collected using the combination of a fixed monthly charge and a three-tiered set of volumetric rates. The fixed monthly charge, referred to as the Meter or System Charge, is assessed to each customer based on the size of the meter serving the customer’s property. Meter Charge revenue is fairly simple to project as it involves multiplying the number of Agenda Item #3a May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 meters of each size, by the rates in effect. Revenue collected with the volumetric tiered rates is referred to as Water Sales. Projections for water sales are a little more complex as they include estimating customer consumption, or demand, and how that demand will be broken down between customer classes, and by the three rate tiers. Below are the projections of water revenue for FY 2024-25. Water Sales demand is estimated at 6,764,400 hundred cubic feet of water (HCF = 748 gallons) for FY 2024-25. HCF is the measure of water used to develop rates and bill customers, and is therefore used to develop revenue projections. A rate adjustment is scheduled to take effect on January 1, 2025. Once customer demand was established for the fiscal year, it had to be allocated between the two six-month periods before and after January 1, during which different rates will be applied. The table below shows the rates in effect during FY 2024-25 and estimated customer demand allocated by rate tier and by the first and second halves of the fiscal year: Table 1 Tier Rat e Demand (HCF)Rat e Demand (HCF) Tier 1 2.11$ 1,838,900 2.19$ 1,532,000 Tier 2 2.70 1,491,800 2.84 638,300 Tier 3 4.18 679,800 4.10 357,600 Comm. Flat --2.39 226,000 Tot al 4,010,500 2,753,900 Tot al Est imat ed Demand for FY 2024-25 6,764,400 Jul - Dec 2024 Jan - Jun 2025 The results of multiplying the rates by the demand in the table above, results in total projected sales for FY 2024-25 of $17,920,000. The table below gives the estimated allocation of total sales between customer classes and rate tiers. Table 2 Cust omer Class Tier 1 Tier 2 Tier 3 Flat Rat e S ingle-Family 4,605,000$ 3,887,000$ 2,009,000$ -$ Multi-Family 1,937,000 777,000 1,200,000 - Commercial 605,000 54,000 248,000 - Commercial - Flat Rate ---679,000 Irrigation/Construction -1,114,000 805,000 - 7,147,000$ 5,832,000$ 4,262,000$ 679,000$ Total 17,920,000$ Agenda Item #3a May 22, 20243 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 Meter Charge revenue for FY 2024-25 is projected to be $10,525,000. A rate adjustment is also scheduled to take effect for these charges on January 1, 2025. Revenue projections were calculated for two 6-month periods, and then combined. The table below provides the meter charge revenue by meter size and rates for each period. Table 3 Size Count Rat e A mount Rat e A mount Tot al 5/8"3,233 25.49$ 494,500$ 27.52$ 533,500$ 1,028,000$ 3/4"13,369 32.74 2,626,000 34.62 2,777,000 5,403,000 1"4,232 47.24 1,200,000 48.83 1,240,000 2,440,000 1 1/2"273 83.50 136,000 84.35 138,000 274,000 2"299 127.00 228,000 126.97 228,000 456,000 3"77 243.01 112,000 368.48 170,000 282,000 4"29 373.52 65,000 901.23 157,000 222,000 6"12 736.05 53,000 1,433.89 103,000 156,000 8"7 2,041.16 86,000 2,854.65 120,000 206,000 Comm Fire 277 Various 29,000 Various 29,000 58,000 Total 21,808 5,029,500$5,495,500$10,525,000$ Met er Jul - Dec 2024 Jan - June 2025 WASTEWATER FUND REVENUE PROJECTIONS The District provides wastewater collection services to District customers through approximately 20,413 connections and treats all wastewater flows collected at the newly commissioned Sterling Natural Resource Center. The District bills customers both system charges and treatment charges that were adopted by the District at the May 15, 2024 rate hearing. The new rates become effective on July 1, 2024, the beginning of the District’s fiscal year. Wastewater System (Collection) Charges The wastewater system charge is used for managing and maintaining the District’s network of wastewater collection pipelines. System charges have been designed differently for residential customers, versus non-residential customers. Residential customers, both single-family residential (1-3 units), and multi-family residential (4 or more units) are billed a fixed monthly charge per dwelling unit. Non- residential customers are billed a smaller fixed monthly charge, and a volumetric charge that is billed based on water consumption. The amount of the volumetric rate varies based on the type of business and strength of wastewater the business discharges into the system. There are three strength categories, and separate categories for Agenda Item #3a May 22, 20244 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 schools/churches. Wastewater system charge projections for FY 2024-25 are shown in Table 4 and Table 5. Residential Of the 20,413 sewer connections in the District, 19,234 of them serve residential units. These residential connections are tied to 30,413 dwelling units - 19,450 single-family homes, and 10,963 apartments and mobile homes. The number of dwelling units is the basis for billing residential customers and projecting residential revenue. Projected residential system revenue is calculated by multiplying the number of single- family dwelling units by the single-family rate, and the number of multi-family dwelling units by the multi-family rate. The table below summarizes the projected system charges for Residential customers: Table 4 Cust omer Ty pe Unit s Mont hly Fixed Charge Project ed Revenue S ingle-Family 19,450 16.70$ 3,897,500$ Multi-Family 10,963 15.48 2,036,500 Tot al 30,413 5,934,000$ Non-Residential 620 commercial and industrial customer connections make up the balance (after residential) of District wastewater connections. Projected revenues are calculated in two stages. The first is a calculation of fixed charges. This was done by multiplying the number of commercial accounts by the District’s monthly flat charge of $10.59 for 12 months. The second stage calculates the volumetric component of wastewater system charges. This is achieved by estimating total water usage by commercial customers, in HCF, and multiplying the total usage by the volumetric rates. Agenda Item #3a May 22, 20245 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 As shown in Table 5, non-residential billing is expected to make up $581,000 of projected revenue. Table 5 Mont hly Usage Project ed Cust omer Ty pe A ccount s Fixed Charge (HCF)Var iable Revenue Low S trength 393 10.59$ 210,000 0.77$ 212,000$ Med S trength 69 10.59 67,000 0.77 60,000 High S trength 81 10.59 196,000 0.77 161,000 Commercial - Mixed Use 77 10.59 312,000 Varies 148,000 581,000$ Based on the calculations in the tables above, total projected wastewater system (collection) revenue for FY 2024-25 is $6,515,000. Wastewater Treatment Charges are charges assessed to cover the costs of capturing and recycling wastewater flows generated by District customers. These costs include operation of the Sterling Natural Resource Center (SNRC), debt service on the State Water Resources Control Board loan, maintaining a debt reserve, and building plant replacement reserves will fund future replacement of critical plant components. Wastewater treatment charges were designed exactly like system charges, with single- family and multi-family residential accounts billed a monthly fixed charge per dwelling unit at their prospective rates, and non-residential customers billed a combination of fixed and volumetric charges. Wastewater treatment charge projections for FY 2024-25 are explained below. Residential All 30,413 dwelling units billed the fixed system charge are also billed a fixed treatment charge each month. The residential customer base includes 19,450 single-family homes, and 10,963 apartments and mobile homes. Projected residential treatment revenue is calculated by multiplying the number of single-family dwelling units by the single-family treatment charge, and the number of multi-family dwelling units by the multi-family treatment charge. Agenda Item #3a May 22, 20246 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 Table 6 Cust omer Ty pe Unit s Mont hly Fixed Char ge Pr oject ed Rev enue S ingle-Family 19,450 29.79$ 6,953,000$ Multi-Family 10,963 25.67 3,377,000 Tot al 30,413 10,330,000$ Non-Residential Projected treatment revenue for the 620 commercial and industrial customer connections is calculated in the two stages discussed above. First the calculation of fixed charges which includes multiplying the number of commercial accounts by the District’s monthly flat charge for commercial customers of $9.16, and then multiplying by 12 months. The second stage calculates the volumetric component of wastewater treatment charges using the same estimates of commercial/industrial water usage as were used for calculating system charges in the previous section. As shown in the table below, non-residential billing is expected to make up $1,903,000 of projected wastewater treatment revenue. Table 7 Mont hly Usage Project ed Cust omer Type A ccount s Fixed Charge (HCF)Variable Rev enue Low S trength 393 9.16$ 210,000 2.19$ 503,000$ Med S trength 69 9.16 67,000 2.54 178,000 High S trength 81 9.16 196,000 3.96 785,000 Commercial - Mixed Use 77 9.16 312,000 Varies 437,000 Tot al 1,903,000$ Based on the calculations in the tables above, total projected wastewater treatment revenue for FY 2024-25 is $12,233,000. NON-RATE REVENUE - SNRC Commencement of operations at the Sterling Natural Resource Center also introduced new revenue streams surrounding the anaerobic digesters and recycled water. Commissioning of the digestors is a measured process, however, and reaching their full capacity could take most of the 2024-25 fiscal year. Agenda Item #3a May 22, 20247 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 Explanations of those revenues and projections for FY 2024-25 are presented below. Food Waste Hauler Tipping Fees - To maximize the power generation capacity of the SNRC digesters, wastewater solids will be supplemented by attracting high-grade food waste haulers to unload their trucks at the SNRC. Anaergia will manage this process and be paid out of the fees collected from haulers. The District anticipates netting $0.08 per gallon for food waste accepted at the SNRC at a volume of up to 130,000 gallons daily. Local Resource Investment Program (LRIP) Revenue - A LRIP agreement with the San Bernardino Valley Municipal Water District (SBVMWD) commits SBVMWD to buying all SNRC recycled water for 20 years at a rate of $173 per acre foot. The District expects to deliver at least 6,200 acre feet annually now that the recycled water plant is fully operational. Electrical Power Generation - Gases released and burned by the anaerobic digesters will be used to generate electrical power to help offset the cost of supplying the SNRC with power. The District has also installed a two-way electric meter for situations where the digesters are generating surplus power which can be sold to the electric grid at $0.127 per kilowatt hour (kWh). The District does not anticipate any net revenue from the sale of electric power for FY 2024-25. The table below provides a summary of the projected non-rate SNRC revenue for FY 2024-25: Table 8 Revenue Type Unit of Measure Volume FY 2024-25 Fee Per Unit A mount Food Waste Hauler Tipping Fees Gallon 25.60 MG 0.08$ 2,048,000$ LRIP Acre Foot ~6,200 AF 173.00 1,072,000 S B 1122 Energy S ales kWh N/A 0.13 - Tot al 3,120,000$ OTHER CHARGES & OTHER REVENUE SOURCE Other Charges & Other Revenue - include fees related to the collection of delinquent accounts, investment revenue, inspections, facility rentals, and other miscellaneous revenue. The total revenue projected for FY 2024-25 is $1,616,000. Initiation of Service, Delinquent, and NSF Fee revenues are fairly consistent year to year, so projections are all based on previous year’s actual activity. Disconnect Notice charges and Reconnection fees are also based on the number of occurrences in FY 2023-24 multiplied by the District established fee. The District has resumed regular delinquency collection efforts, so the collection activity should be consistent in FY 2024- 25. Agenda Item #3a May 22, 20248 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 Investment Income projections are significantly higher than in previous years as LAIF apportionment rates and yields on U.S. Treasuries and Agencies remain at the 4% to 5% level, and substantial completion of the SNRC project has allowed the District’s invested reserve levels (restricted and unrestricted) to almost double in the last 12 months. Finally, Facility Rental Fees and Miscellaneous Revenue were estimated at $20,000 each based on current year activity. Table 9 Other Income Wat er Wast ewat er Wat er Reclamat ion A mount Disconn. Notice Charge 210,000$ 90,000$ -$ 300,000$ Disconn./Reconn. Fee 106,000 --106,000 Delinquent Fee 100,000 20,000 60,000 180,000 Interest Revenue 500,000 100,000 280,000 880,000 S ervice Initiation Charge 15,000 5,000 10,000 30,000 Inspection Fees 80,000 --80,000 Facility Rental Fees 20,000 --20,000 Miscellaneous Revenue 20,000 --20,000 Total 1,051,000$ 215,000$ 350,000$ 1,616,000$ Total Financial Resources - available for FY 2024-25 include $51,929,000 in projected operating revenue and other income outlined above, supplemented by grants and developer capacity fees, and capital replacement reserve funds, if needed. Table 10 Revenue Wat er Wast ewat er Wat er Reclamat ion Tot al Water S ales 17,920,000$ -$ -$ 17,920,000$ S ystem Charges 10,525,000 6,515,000 -17,040,000 Wastewater Treatment --12,233,000 12,233,000 Non-Rate Revenue (S NRC)--3,120,000 3,120,000 Other Income 1,051,000 215,000 350,000 1,616,000 Tot al 29,496,000$6,730,000$15,703,000$51,929,000$ During the next budget workshop that will be held on June 12, 2024, staff will present proposed operating and capital expenditures for FY 2024-25. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment to Sustainability, Transparency, and Accountability A. Practice Transparent and Accountable Fiscal Management Agenda Item #3a May 22, 20249 Meeting Date: May 22, 2024 Agenda Item #3a Informational Item 1 6 2 7 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. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS Presentation Brian Tompkins, Chief Financial Officer May 22, 2024 FY 2024-25 REVENUE PROJECTIONS 2 •Water Sales •Budget projections of 7,121,000 HCF for $18,345,000 dropped to $17,695,000 at mid-year; actual will likely be 6,611,000 HCF for $17,270,000 •Water System (Meter) Charges •$9,969,000 on Customer Connections •$150,000 on Temporary Connections •Wastewater System (Collection) Charges •$5,606,000 on Residential Accounts (Budget $5,199,000) •$412,000 on Commercial Accounts (Budget $422,000) •Wastewater Treatment Charges •$9,009,000 on Residential Accounts (Budget $8,331,000) •$1,563,000 on Commercial Accounts (Budget $1,520,000) FY 2023-24 REVENUE 3 EVALUATING RESULTS: WATER REVENUE $9,192,297 $9,831,561 $10,119,000 $6,834,376 $7,097,089 $7,082,000 $6,868,458 $5,398,193 $5,544,000 $4,770,042 $4,509,293 $4,644,000 FY 2021-22 FY 2022-23 FY 2023-24 Meter Charges Tier 1 Tier 2 Tier 3 $18.5 M $17 M $17.3 M 4 EVALUATING RESULTS: WATER SALES $10,602,257 $9,733,531 $9,812,187 $3,737,703 $3,594,277 $3,544,048 $1,835,637 $1,687,409 $1,534,113 $2,297,279 $1,989,359 $2,326,693 FY 2021-22 FY 2022-23 FY 2023-24 Single Family Multi Family Commercial Irrigation/Construction 5 EVALUATING RESULTS: WASTEWATER REVENUE $4,828,526 $5,651,554 $6,018,000 $9,764,357 $10,108,850 $10,572,000 FY 2021-22 FY 2022-23 FY 2023-24 System Charge Treatment Charge $14.6 M $15.8 M $16.6 M 6 REVENUE PROJECTIONS 7 RATE DRIVERS – WATER SALES 14,500 15,500 16,500 17,500 18,500 19,500 20,500 21,500 22,500 Ac r e F e e t Water Sales (AF) Water Master Plan Projections 26% 5% 11% 8 WATER USAGE BY MONTH - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 July Aug Sept Oct Nov Dec Jan Feb March Apr May June Hu n d r e d C u b i c F e e t ( H C F ) 2020-21 2021-22 2022-23 2023-24 2024-25 Projected Usage for FY 2024-25 6,764,400 HCF or 5,059 MG 9 RATE TYPE CURRENT RATES PHASE 1 ADJUSTMENTS Tier 1 $ 2.11 $ 2.19 Tier 2 2.70 2.84 Tier 3 4.18 4.10 Commercial Flat Rate N/A 2.39 WATER RATES Phase 1 Rates Effective January 2025 10 FY 2024-25 WATER SALES PROJECTION Single-Family $10,501,000 Multi-Family $3,914,000 Commercial $1,586,000 Irrigation $1,919,000 TOTAL - $17,920,000 Single-Family Multi-Family Commercial Irrigation RATE TYPE TIER 1 TIER 2 TIER 3 Single-Family Residential $ 4,605,000 $ 3,887,000 $ 2,009,000 Multi-Family Residential 1,937,000 777,000 1,200,000 Commercial(1)605,000 54,000 248,000 Irrigation/ Construction 0 1,114,000 805,000 SUBTOTAL $ 7,147,000 $ 5,832,000 $ 4,262,000 Commercial – Flat Rate(2) $ 679,000 TOTAL $ 17,920,000 (1) - July through December (2) - January through June 11 METER SIZE COUNT CURRENT RATE EFFECTIVE JAN 2025 RATE 5/8”3,233 $ 25.49 $ 27.52 3/4”13,369 32.74 34.26 1”4,232 47.24 48.83 1 1/2”273 83.50 84.35 2”299 127.00 126.97 3”77 243.01 368.48 4”29 373.52 901.23 6”12 736.05 1,433.89 8”7 2,041.16 2,854.65 Commercial Fire Services 277 Various Various FY 2024-25 METER CHARGES $8,474,000 $785,000 $758,000 $398,000 $52,000 $58,000 TOTAL - $10,525,000 Single-Family Multi-Family Commercial Irrigation Construction Fire Svcs 12 FY 2024-25 PROJECTED WATER REVENUE $9,996,000 $10,119,000 $10,525,000 $18,345,000 $17,270,000 $17,920,000 FY 2023-24 Budget FY 2023-24 Projected FY 2024-25 Proposed Meter Water Sales $28.3 M $27.4 M $28.4 M 13 WASTEWATER SYSTEM CHARGES CUSTOMER TYPE DWELLING UNITS / ACCTS MONTHLY FIXED CHARGE ESTIMATED USAGE (HCF) CHARGE (HCF) REVENUE 6 MONTHS Single-Family Residential 19,450 $ 16.70 N/A N/A $ 3,897,500 Multi-Family Residential 10,963 15.48 N/A N/A 2,036,500 Commercial - Low Strength 393 10.59 210,000 $ 0.77 212,000 Commercial - Med Strength 69 10.59 67,000 0.77 60,000 Commercial - High Strength 81 10.59 195,000 0.77 161,000 Commercial - Mixed Use 77 10.59 312,000 Varies 148,000 TOTAL WASTEWATER SYSTEM CHARGES $ 6,515,000 14 WASTEWATER TREATMENT CHARGES CUSTOMER TYPE DWELLING UNITS / ACCTS MONTHLY FIXED CHARGE ESTIMATED USAGE (HCF) CHARGE (HCF) REVENUE 6 MONTHS Single-Family Residential 19,450 $ 29.79 N/A N/A $ 6,953,000 Multi-Family Residential 10,963 25.67 N/A N/A 3,377,000 Commercial - Low Strength 393 9.16 210,000 $ 2.19 503,000 Commercial - Med Strength 69 9.16 67,000 2.54 178,000 Commercial - High Strength 81 9.16 196,000 3.96 785,000 Commercial - Mixed Use 77 9.16 312,000 Varies 437,000 TOTAL PROJECTED TREATMENT CHARGES $ 12,233,000 15 SNRC NON-RATE REVENUE REVENUE ESTIMATED RATE ESTIMATED VOLUME 2024-25 REVENUE Food Waste Hauler Tipping Fees $0.08 / Gallon 25.6 MG $ 2,048,000 Local Resource Investment Program (LRIP)$173 / Acre Foot ~6,200 AF 1,072,000 SB 1122 Energy Sales $0.13 / kWH N/A 0 TOTAL SNRC NON-RATE REVENUE $ 3,120,000 16 FY 2024-25 WASTEWATER REVENUE Collection Charges $6,515,000 Wastewater Treatment Charges - SNRC $12,233,000 Other Revenue - SNRC $3,120,000 Total Wastewater Revenue $21,868,000 Treatment - 56% Collections - 30% Other SNRC - 14% 17 FY 2024-25 OTHER CHARGES & REVENUE $20,000 $20,000 $80,000 $106,000 $300,000 $180,000 $30,000 $880,000 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Miscellaneous Revenue Facility Rental Fee Inspection Fees Service Reconnect Charge Disconnection Notice Charge Delinquent Charge Service Initiation Charge Interest Revenue TOTAL PROJECTED REVENUE - $1,616,000 18 FY 2024-25 TOTAL PROJECTED REVENUE FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Wastewater Treatment Charges Wastewater System Charges SNRC Non-Rate Water Revenue Other $42.2 M $42.4 M $46.1 M $47.4 M $51.9 M 19 FY 2024-25 OPERATING BUDGET SUMMARY WATER WASTEWATER COLLECTION WATER RECLAMATION Sales & Services $ 28,445,000 $ 6,515,000 $ 12,233,000 SNRC Non-Rate Revenue 0 0 3,120,000 Other Charges 531,000 115,000 70,000 Investment & Miscellaneous Revenue 520,000 100,000 280,000 TOTAL REVENUE $ 29,496,000 $ 6,730,000 $ 15,703,000 Operations 25,638,000 6,216,000 7,739,000 Debt Service 2,172,000 272,000 7,731,000 Capital Expenditures 1,686,000 242,000 233,000 Reserve Contribution 0 0 0 TOTAL EXPENDITURES $ 29,496,000 $ 6,730,000 $ 15,703,000 QUESTIONS? Agenda Item #4a May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #4a Discussion Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Adoption of 5-Year Workplan RECOMMENDATION That the Board of Directors adopt the FY 2024-2025 5-Year Workplan. BACKGROUND / ANALYSIS East Valley Water District (District) provides critical resources to a community of over 108,000 residents and businesses. In order to maintain these services, it is imperative that strategic planning measures are put in place to anticipate needs, allocate resources, and ensure maximum efficiency. The District maintains a 5-Year Workplan to facilitate an organization-wide discussion about upcoming activities. The 5-Year Workplan is a document designed to identify projects and programs in a manner that provides a comprehensive understanding of the organizational direction spanning multiple years. Updated annually, the document facilitates an opportunity to consider the needs of the District while keeping the planning effort focused five years out based on the strategic priorities. During this collaborative development process, the General Manager/CEO met with staff on a program-by-program basis to discuss leadership priorities, recent accomplishments, regulatory changes, and programmatic needs moving forward. The results of these discussions have been incorporated into the FY 2024-25 5-Year Workplan to serve as a guide for the budget planning process. Looking ahead over the next five years, the District is preparing for a shift in focus from the unique demands created by construction of the Sterling Natural Resource Center to one of long-term infrastructure rehabilitation and replacement. Projects identified for FY 2024-25 are focused on assessing existing infrastructure and system to enhance the District’s reliability, operational capacity, and enhancement of existing service offerings. The District will take an active role to invest in the infrastructure improvement programs moving forward, including strategic water main replacements, systematic valve replacements, increased utilization of database tools including the AMI platform and GIS system, and alternative energy development. These types of programs highlight the emphasis on system reliability, resiliency, and efficiency. Agenda Item #4a May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #4a Discussion Item AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership II - Maintain a Commitment to Sustainability, Transparency, and Accountability III - Deliver Public Service with Purpose While Embracing Continuous Growth IV - Promote Planning, Maintenance and Preservation of District Resources REVIEW BY OTHERS This agenda item has been reviewed by Public Affairs and Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS 5-Year Workplan 5-Year Workplan Presentation fiscal year 2024-25 5- y e a r wo r k p l a n DRAFT DISTRICT LEADERSHIP 2 Board of Directors James Morales, Jr. Chairman of the Board Ronald L. Coats Vice Chairman of the Board David E. Smith Governing Board Member Chris Carrillo Governing Board Member Phillip R. Goodrich Governing Board Member Brian Tompkins Chief Financial Officer Jeff Noelte Director of Engineering & Operations Justine Hendricksen District Clerk Kerrie Bryan Director of Administrative Services Patrick Milroy Operations Manager William Ringland Public Affairs/Conservation Manager District Management 210 210 santa a n a r i v e r sant a a n a r i v e r plun g e c r e e k plunge creek eld e r c r e e k cit y c r e e k city c r e e k sa n d c r e e k tw i n c r e e k tw i n c r e e k warm cr e e k cook creek mil l c r e e k San Bernardino Highland Seven Oaks Dam N DistrictHeadquarters SNRC District Boundary Map District Headquarters 31111 Greenspot Road Highland, CA 92346 Sterling Natural Resource Center (SNRC) 25318 5th Street San Bernardino, CA 92410 Michael Moore, P.E. General Manager/CEO ta b l e o f co n t e n t s 3 INTRODUCTION 4 WORKFLOW 5 Strategic Planning Workflow Strategic Plan GOALS AND OBJECTIVES 6 PLANS, FINDINGS & ACTIVITIES 7 FIVE-YEAR LOOK AHEAD 9 I. Implement Effective Solutions Through Visionary Leadership II. Maintain a Commitment to Sustainability, Transparency, and Accountability III. Deliver Public Service with Purpose While Embracing Continuous Growth IV. Promote Planning, Maintenance and Preservation of District Resources PROGRAM DEFINITIONS 19 CONCLUSION 18 ACCOMPLISHMENTS 8 East Valley Water District is focused on providing safe and reliable drinking water and wastewater services for the community. The Governing Board, staff, and the community have developed a District vision for a resilient, efficient, and effective organization. Given the complex nature of a water and wastewater district, it is important to prepare for key projects, including the required planning steps, environmental awareness, and clear prioritization to allow for on-going daily operations, while addressing specific long-term needs. INTRODUCTION History The District began Strategic Planning efforts in 2012 with the identification of key projects and staffing adjustments. From that point, the District developed the District Vision, Core Values, along with the Goals and Objectives. To connect these elements in a manner that not only guides day-to-day decision making, but also long-term planning, the Five-Year Work Plan was initiated in 2018. The Five-Year Work Plan is a document designed to identify projects and programs in a manner that provides a comprehensive understanding of the organizational direction spanning multiple years. Updated annually, the document considers the needs for one additional year, keeping the planning effort focused five years out. The Five-Year Work Plan is the guiding document for the development of the District-wide Goals and the annual budget. 4 Purpose The purpose of the Five-Year Work Plan is to facilitate collaboration and prioritization beyond the current budget cycle. Key considerations include known planning cycles, regulatory guidelines, budgeting, projects that will require phasing over a number of years, and other critical actions necessary to continue supporting the District Vision. This process aids with resource allocation and planning, including funding, staffing, professional services, and capital improvement construction. It is important to note that while planning efforts are critical to maintaining the high standards of the organization, it is essential that on-going operations are valued along with the ability to respond to external factors not originally factored into the plan. The District anticipates focusing on maintaining/replacing assets, water supply resiliency and reliability, and organizational efficiencies. To streamline the implementation of the plan, the review of the Five-Year Work Plan kicks off the annual budget process with development of District-wide goals. This series of activities guides the policy and approach to the Budget development, including resource allocation and Individual Performance Goals. 5 Strategic planning efforts are dynamic. They are designed to allow the organization to prepare for large undertakings in future years, while addressing daily needs. WORKFLOW Strategic Planning Workflow The elements identified below maintain a cycle of preparation and growth. This process is intended to foster communication throughout the District along with community stakeholders and residents. By visualizing the interconnected nature of activities, staff has a clear understanding of their role within the organization and how each element contributes to the greater good. The timing of these measures can be organized in on-going, annual, intermediate, and long-term. guiding principles District Vision Core Values Goals & Objectives BRIDGE MEASURES Five-YearWork Plan PERFORMANCE MEASURES IndustryBenchmarks Budget IndividualPerformanceGoals Daily Operations LEADERSHIP Motivating a group of people to act toward achieving a common goal or destination. PARTNERSHIP Developing relationships between a wide range of groups and individuals through collaboration and shared responsibility. STEWARDSHIP Embracing the responsibility of enhancing and protecting resources considered worth caring for and preserving. District Vision Core Values ENHANCE & PRESERVE THE QUALITY OF LIFE FOR OUR COMMUNITY THROUGH INNOVATIVE LEADERSHIP AND WORLD-CLASS PUBLIC SERVICE. 6 Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources GOALS & OBJECTIVES • Identify Opportunities to Optimize Natural Resources • Maximize Internal Capabilities Through Ongoing Professional Development • Strengthen Regional, State and National Partnerships • Encourage Performance Based Results Through Staff Empowerment • Practice Transparent and Accountable Fiscal Management • Utilize Effective Communication Methods • Pursue Alternative Funding Sources • Provide Quality Information to Encourage Community Engagement • Advance Emergency Preparedness Efforts • Strive to Provide World-Class Customer Relations • Promote a Positive Organizational Culture • Embrace an Environment of Active Learning and Knowledge Sharing • Develop Projects and Programs to Ensure Safe and Reliable Services • Enhance Planning Efforts that Respond to Future Demands • Dedicate Efforts Toward System Maintenance and Modernization • Enable Fact-Based Decision Making Through State-of-the-Art Data Management The Five-Year Work Plan is an opportunity for East Valley Water District to collectively identify anticipated activities that will require resource prioritization. In recent years, East Valley Water District has focused resources on large scale capital projects, like the Sterling Natural Resource Center (SNRC) and water treatment Plant 134 upgrade. Looking ahead over the next five years, the District is shifting focus to operational efficiencies, reliability, and resiliency. This adjustment is presented in the form of increased investment in replacing ageing infrastructure and asset management. A common theme woven throughout the Five-Year Work Plan is an organizational focus on increasing activities in line within best practices of the industry, included activities are guided by the following themes: • Have leadership provide a higher degree of clarity and direction for priorities among projects to facilitates ranking efforts resulting in the best value to customers. • Maximize use of data to guide decision making through the development of regular reports, quantitative goals, and maximizing use of Geographical Information System (GIS) capabilities. • Establish recurring replacement programs for aging assets including water mains, reservoirs, valves, and vehicles through an asset management approach to reliability. • Develop projects resulting in water supply reliability and flexibility to achieve the ability to depend solely on local water. • Enhance the District’s energy resiliency through the analysis and planning of green energy projects. • Maintain a digital network with a high caliber of integrated cyber security measures to protect data security and critical infrastructure assets. • Prioritize pursuit of grant funding to meet the financial needs of capital projects while minimizing the direct financial impacts to ratepayers. • Expand customer engagement through new opportunities for in-person interactions. • Enhance education partnerships and the pathways program to provide informational resources and serve as mentors to local students. • Increase the use of Automated Metering Infrastructure (AMI) to facilitate sustainable water use efficiency. Additional programmatic details relating to individuals areas of interest will be addressed in the corresponding annual budget development. PLANS, FINDINGS & ACTIVITIES 7 8 East Valley Water District made significant progress on elements identified within the Five-Year Work Plan. FY 2023-24 Highlights • Commission the Sterling Natural Resource Center and hold a community ribbon cutting celebration. • Implement a new Fats, Oils and Grease (F.O.G.) program to oversee and manage the discharge within the District’s sewer collection system. • Complete the rehabilitation of Plant 120 and commission the plant back into operations. • Reduced customer credit card transaction fees by 50%. • Implemented pilot rebate program. • Replaced approximately 1000 lineal feet of waterline and replaced 40 broken isolation valves with in-house staff. • Implemented a new 3-year labor agreement for all staff. • Established SNRC debt service and other reserves required to comply with agreements. • Completed Rate Study and adjusted water and wastewater rates for the next 3 years. • Installed new AMI radio collectors to increase meters reads by 10%. ACCOMPLISHMENTS 9 FIVE-YEAR LOOK AHEAD PROJECTS lo o k i n g ah e a d go a l on e 10 Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 City Creek Mutual Water Company Dissolution Work with legal counsel to dissolve the City Creek Mutual Water Company with the remaining shareholder. General Administration ●●●●● WW Operator-in- Training Program Develop an in-house OIT program; connection between EVWD and ISHS. Human Resources Water Reclamation ●● Internal Contract Assessment Conduct internal assessment of the contract compliance and RFP posting process. Identify solutions for procurement and purchasing in compliance with District's policies. Finance Engineering ●● Custom Billing Cycle – Fixed Income Develop and implement a process to revise billing cycles for AMI customers with fixed incomes to allow individuals to select their preferred bill date/cycle. Customer Service Finance ●● Develop Permitting Module Create a new permitting process for engineering in asset management. IT ●● Public Engineering Plan Portal Design and launch a portal for developers to access "as-built" designs of the District. IT ●● Source Water Assessment Conduct a Source Water Assessment for the District to review source water quality. Engineering Operations, Conservation ● Integrated Regional Urban Water Management Plan (IRUWMP) Review and update the IRUWMP in accordance with regulations. Engineering Operations, Conservation ● Facility Alternative Energy Sources Conduct an analysis and recommendation for the District to strategically construct alternative energy generation to offset electricity costs. Engineering Operations ● Implement Effective Solutions Through Visionary Leadership Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Document Management Scan and digitize documents into the District’s electronic repository in accordance with adopted Records Retention Policy. Enhance document management process and features for document retrieval. General Administration IT ● Elections/Board Members Board Member Elections and orientation for new directors. General Administration ●●● Assess Agenda Management Platform Review the current agenda management platform and determine if new features or upgrades are necessary to improve the user experience. General Administration ●● Maintain a Commitment to Sustainability, Transparency, and Accountability go a l t w o Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Evaluate Site Energy Usage Evaluate energy consumption at the SNRC and usage within each zone of the treatment process. Water Reclamation ● Industry Coalition Engagements/ Partnerships Develop a strategy and approach to engage with water reclamation regional coalitions, including CASA and WateReuse. Water Reclamation Public Affairs ●● "Compliance with New Water Conservation Regulations" The District will comply with regulatory reporting requirements such as water loss validation, drought risk assessment, and urban water use objective. Conservation ●●●●● Monitor and Develop Approach to Meet Water Use Objectives Establish a roadmap to meet the water usage objectives enacted by the State. Conservation Engineering, Finance ●●●●● 11 12 Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Arrearage/ Disconnections Evaluations Assess changing regulations relating to disconnection methods in order to reduce the number of disconnections due to non-payment. Customer Service Finance ●● Pension UAL (Unfunded Accrued Liability) Actively look for opportunities to make additional discretionary payments toward the District’s UAL. Develop and implement an Unfunded Accrued Liability Policy. Finance ● Financing Opportunities for Capital Improvements / Early Pay-off Consider alternatives for new capital financing needs, including issuing new debt and/or early pay-off of existing debt. Finance ● Tyler Enterprise Resource Planning (ERP) Review Assessment of the District’s current ERP (Tyler) and review potential enhancements of the platform. Finance ● Cost of Service Analysis / Rate Study Establish rates based on current costs for water and wastewater services in accordance with Proposition 218. Finance ● Assess Bill Processing Partner Review and assess the District's customer bill processing partner (Infosend) to determine best possible utilization of customer billing process. Customer Service ●● Review and Update Banking Agreement Assess and update the District's current banking solution. In necessary, establish a new contract for a banking solution. Finance ● Procurement Policy Review Assess the District's procurement policy and determine updates necessary to ensure continued transparency and efficiency. Finance ● 13 Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Assessment of Residential Formula for Default Number of Individuals Listed in Household Review industry standard to determine the number of customers living in each household. Identify solution for new account signups and existing customers, currently defaulting to four people per household. Customer Service ● Community Advisory Commission Member Appointment Conduct a community recruitment process and subsequent commission onboarding/training to fill vacancies resulting from the term limits of sitting members. Public Affairs ●● SNRC Community Programming Reassess and evaluate SNRC programming to maximize community engagement at the SNRC in line with the District’s vision. Public Affairs ●● Community Engagement Enhancements Enhance community engagement through increased in-person activities, develop a targeted outreach initiative surrounding the SNRC and use of technologically based communications tools. Public Affairs ●●● 14 Deliver Public Service with Purpose While Embracing Continuous Growth Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Community Heritage and Education Foundation (CHEF) Determine the direction and activities of CHEF. General Administration ● Enhance Emergency Preparedness Training Program Develop an emergency preparedness training program and prepare employees to follow plans established by the District. Update the District’s emergency response documents to reflect current conditions, regulations, and identified actions. Human Resources ●● Negotiation of a New Memorandum of Understanding (MOU) Negotiate a 3-Year MOU prior to the expiration of current MOU and ensure agreed upon salaries, benefits, and related programs are executed as adopted, including a Class and Compensation Study. Human Resources ●● Develop and Implement Comprehensive Succession Plan Review and update a succession plan tailored to the District's needs, audit existing plan and identify gaps. Human Resources ●● Site Security and Improvements Increase perimeter security of facilities and access controls to improve aesthetics/security. Operations IT ●●●●● Water Main Replacement Program Repair and replacement of linear assets due to age, corrosion, or leak history. Operations ●●●●● Develop and Implement SNRC Internship Recruitment Plan Create a plan to bring in interns and provide learning opportunities at the SNRC. Water Reclamation Human Resources ●● go a l th r e e Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Conservation Rebate Program Enhancements Enhance rebate programs to maximize customer water savings through the development of new rebate opportunities. With the advances of technology, the team is looking to streamline, update and refine the rebate application process to help increase efficiency for the District. Conservation ●● Water Education Program Enhancements Enhance the engagement with students in the classroom environment to provide current water conservation and water resource materials consistent with state curriculum. Conservation ●● Industry Engagement (Awards and Presentations) Showcase the District’s projects and programs through participation in industry related conferences and awards. Public Affairs Engineering, Finance ●●● Update Crisis Communication Plan Conduct audit of existing crisis communication plan, identify gaps and technology changes. Develop new crisis communication plan. Public Affairs ●● Website Redesign/ Domain Name Transition Redesign the District's public facing website and transition to a .GOV domain name. Public Affairs IT ● 15 16 Promote Planning, Maintenance and Preservation of District Resources Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Update Strategic Plan Review and revise the District’s overall Strategic Plan to ensure it reflects the organizational priorities and philosophies. This will include the Vision, Core Values, Strategic Initiatives and Five- Year Work Plan update. General Administration Public Affairs ● Water Data Access (AMI) Enhance utilization of AMI data to provide a resource that empowers customers to proactively reduce water waste prior to receiving inefficiency tier charges. Customer Service Public Affairs ● Develop and Implement SCADA Replacement Schedule Replace equipment and radios at each site to ensure system reliability. IT Engineering, Operations ●●●●● IT Master Plan Update Update the Information Technology Master Plan to identify needs/priorities to maintain the District’s high standards of digital security and use of technology. IT ● Upgrade Phone System Conduct phone system assessment and determine an on-premise or hosted solution. IT ● District Security Camera Assessment Review and assess the District's platform for security cameras. IT ●●● Canal 3 Zone Reservoir Complete Canal Zone Storage Reservoir design and build two 1.5MG steel reservoirs. Engineering Operations ●●● Foothill Zone Reservoir Assess viability, then design and construct a new reservoir to service the Foothill zone. Engineering Operations ● Monitoring "Well #3 Construct a water monitoring well near Plant 40 for recycled water recharge testing. Engineering Operations ● New Well Construction Identify site, design, and drill a new well in the lower, middle and upper zones every three years. Engineering Operations ●●●● go a l fo u r Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 North Fork Creek crossings Replacing Plunge Creek pipeline. Review alternatives and scope construction of the pipeline. Engineering Operations ● Plant 101 Rehabilitation Retrofit and upgrade the water facilities at Plant 101.Engineering Operations ●● Plant 134 Membranes Replacements Replacement of five membrane trains at Plant 134 every 7 years. Engineering Operations ●●● Plant 134 Process Improvements Evaluate operational adjustments and improvements relating to solids processing in order to maximize the surface water treatment capabilities of Plant 134. Engineering Operations ●●●●● Valve Replacement Program Develop a strategic Valve Replacement Program to replace 40 of the District’s aging, shut-off valves. Engineering Operations ●● Water and Sewer System Master Plans Review the current Water and Sewer Master Plans and identify any necessary updates needed. Update the documents accordingly to ensure these can be used for planning efforts including cost of service analysis and emergency response documents. Engineering Operations, Conservation ● Water Supply Reliability Take measures to evaluate and implement projects that improve water supply capacity, raw water storage, resiliency, and reliability. Engineering Operations ●● Backflow Device Program Evaluate the backflow program to determine the most efficient means of maintaining customer owned backflow devices. Operations ●● Water Reservoir Rehabilitation Program Rehabilitate the Districts 18 water storage reservoirs. Rehabilitation will include the needed structural repairs, coating replacements, installation of cathodic protection systems and possible seismic retrofits. Engineering Operations ●●●●● 17 18 Goal Measure of Success Lead Department Supporting Department(s) Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Evaluate feasibility of Salt Mitigation Partner with regional coalitions and identify an approach to assess the needs for salt mitigation in the region. Water Reclamation Engineering ● Evaluate Backup Power Support at SNRC Review backup power plan at the SNRC to ensure the continued reliable operations of the plant. Water Reclamation ● The Five-Year Work Plan is designed to enhance the ability of the District to prepare for the future while addressing the needs of today. It is part of a strategic approach to understanding where resources need to be committed. By updating this document annually, it can foster an engaging environment that embraces the value of planning. CONCLUSION 19 PROGRAM DESCRIPTIONS Conservation Conservation is responsible for overseeing programs that facilitate and encourage sustainable water use throughout the District. Additionally, this program is responsible for communicating conservation benchmarks to various regulatory agencies, tracking and monitoring legislative affairs, and advocating on behalf of the District’s legislative platform. Customer Service Customer Service provides the community with prompt, courteous, and world-class customer relations though billing and collection functions. Engineering The Engineering Program responsibilities include infrastructure planning, maintaining a safe and reliable water supply, and ensuring compliance with Federal and State regulations. The Program oversees wastewater and water treatment capital projects. Finance Finance and Accounting create, monitor and audit all revenue and expenses for the District. This includes evaluating rates and creating an annual budget. General Administration General Administration is responsible for ensuring the District’s business, operations, and daily activities are performed following Federal, State, and District Board approved policies. The General Manager/CEO provides daily oversight for interagency relations for advancing the District’s initiatives. Human Resources Human Resources is responsible for administering programs to attract and retain a diverse and qualified workforce. This program also oversees the District’s safety program to ensure staff maintain a safe work environment. Additionally, this program is responsible for managing the District’s Pathway and Risk Management programs. Information Technology Information Technology oversees the District’s technology infrastructure to support essential business and operational functions. The functions utilize industry specific software programs required to meet agency needs. The Program implements routine cybersecurity training campaigns to mitigate financial and data loss. Operations Operations is responsible and oversees the Meter Services, Water Production, Water Treatment, Water Quality, Water Maintenance, Wastewater Maintenance, Facilities Maintenance and Fleet Maintenance programs at East Valley Water District. For the purposes of the Five-Year Work Plan, these programs have been combined into an Operations category. Many of these programs are responsible for the day-to-day world-class service provided by the District and do not encounter major capital adjustment fluctuations with the planning of the program’s duties. Public Affairs Public Affairs oversees internal and external communication programs consistent with the District’s Vision and guiding principles. Through community and media relations, the Program provides effective and strategic communications to various stakeholders. The Program is also responsible for grant writing, emergency preparedness, and facility rental programs. Water Reclamation The Water Reclamation Program is responsible for treating and disinfecting 8 million gallons (MGD) of wastewater per day. Reclamation of wastewater generated by District customers will transition from a service contracted with the San Bernardino Municipal Water District, to in-house operations at the newly completed SNRC. The Five-Year Work Plan is designed to enhance the ability of the District to prepare for the future while addressing the needs of today. It is part of a strategic approach to understanding where resources need to be committed. By updating this document annually, it can foster an engaging environment that embraces the value of planning. District Headquarters 31111 Greenspot Road Highland, California 92346 Sterling Natural Resource Center 25318 5th Street San Bernardino, California 92410 eastvalley.org @eastvalleywater Michael Moore, General Manager/CEO May 22, 2024 5-Year Workplan 2 DISTRICT GOALS Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources 3 STRATEGIC PLANNING ELEMENTS 4 •Anticipate Programmatic Needs •Prioritize Resource Allocation •Ensure Maximum Operational Efficiency •Serve as a Guide for the Budget Development •Develop Organizational Clarity on District Priorities 5-YEAR WORKPLAN FUNCTION 5 DISTRICT GOALS Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources 6 IMPLEMENT EFFECTIVE SOLUTIONS THROUGH VISIONARY LEADERSHIP Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 City Creek Mutual Water Company Dissolution ••••• Internal Contract Assessment •• Custom Billing Cycle – Fixed Income •• Develop Permitting Module •• Public Engineering Plan Portal •• Source Water Assessment • Facility Alternative Energy Sources • 7 IMPLEMENT EFFECTIVE SOLUTIONS THROUGH VISIONARY LEADERSHIP Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Industry Coalition Engagements/Partnerships •• Compliance with New Water Conservation Regulations ••••• Monitor and Develop Approach to Meet Water Use Objectives ••••• 8 DISTRICT GOALS Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources 9 MAINTAIN A COMMITMENT TO SUSTAINABILITY, TRANSPARENCY, AND ACCOUNTABILITY Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Document Management • Elections/Board Members ••• Assess Agenda Management Platform •• Arrearage/ Disconnections Evaluations •• Pension UAL (Unfunded Accrued Liability)• Financing Opportunities for Capital Improvements / Early Pay-off • Procurement Policy Review • 10 MAINTAIN A COMMITMENT TO SUSTAINABILITY, TRANSPARENCY, AND ACCOUNTABILITY Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Assessment of Residential Formula for Default Number of Individuals Listed in Household •• Community Advisory Commission Member Appointment ••• Community Engagement Enhancements ••• 11 DISTRICT GOALS Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources 12 DELIVER PUBLIC SERVICE WITH PURPOSE WHILE EMBRACING CONTINUOUS GROWTH Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Community Heritage and Education Foundation (CHEF)• Enhance Emergency Preparedness Training Program •• Develop and Implement Comprehensive Succession Plan •• Site Security and Improvements ••••• Water Main Replacement Program ••••• Develop and Implement SNRC Internship Recruitment Plan •• Water Education Program Enhancements •• 13 DELIVER PUBLIC SERVICE WITH PURPOSE WHILE EMBRACING CONTINUOUS GROWTH Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Industry Engagement (Awards and Presentations)••• Website Redesign/Domain Name Transition • 14 DISTRICT GOALS Implement Effective Solutions Through Visionary Leadership Maintain a Commitment to Sustainability, Transparency, and Accountability Deliver Public Service with Purpose While Embracing Continuous Growth Promote Planning, Maintenance and Preservation of District Resources 15 PROMOTE PLANNING, MAINTENANCE AND PRESERVATION OF DISTRICT RESOURCES Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Update Strategic Plan • Water Data Access (AMI)• Develop and Implement SCADA Replacement Schedule ••••• Upgrade Phone System • District Security Camera Assessment ••• Plant 101 Rehabilitation •• Plant 134 Process Improvements ••••• 16 PROMOTE PLANNING, MAINTENANCE AND PRESERVATION OF DISTRICT RESOURCES Goal Fiscal Year Timing 24-25 25-26 26-27 27-28 28-29 Valve Replacement Program •• Water Supply Reliability •• Backflow Device Program •• Water Reservoir Rehabilitation Program ••••• Evaluate Feasibility of Salt Mitigation • QUESTIONS Agenda Item #4b May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #4b Consent Item 1 6 2 2 Regular Board Meeting TO: Governing Board Members FROM: Senior Engineer SUBJECT: Consider Approval of Contractor for Water Main Relocation in Little Third and Little Tippecanoe with Borden Excavating, Inc. RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute an agreement for construction contract with Borden Excavating, Inc (BEI) for a not-to- exceed amount of $1,081,956. BACKGROUND / ANALYSIS A pipeline relocation is required to accommodate street improvements by the County of San Bernardino (County) in the unincorporated area of San Bernardino County. The project area can be viewed in Exhibit C. The County informed the District of the proposed project in early 2023. Street improvements do not require water or sewer pipeline relocations unless they interfere with the roadway construction, or the roadway construction could damage the pipelines. The responsible agency for relocating utility pipelines depends on which agency had the prior right-of-way. The County provided more details on the proposed street improvement in late 2023. The proposed street improvements are near the intersection of Little Third Street and Little Tippecanoe Avenue. The street improvements will include some grading, new pavement, new curb and gutters. The street improvements will require relocation of a water pipeline to avoid damage during construction and meet the District’s minimum depth requirement. It was determined that the District held prior rights to a portion of the public right of way in the project area, that portion between Palm Ln and Pedley Rd. The County would be responsible for the relocation of the portion of pipeline relocation within this area and the District would be responsible for the remainder of pipeline relocation. In April 2024, the District executed an agreement with the County (Exhibit B), for an estimated amount of $465,000 for the engineering, construction, and inspection of their portion of the pipeline relocation. The estimated amount in the April agreement with the County will be revised with the actual cost of construction, and an amended agreement may be brought back to the Board at a later date. Agenda Item #4b May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #4b Consent Item 1 6 2 2 In accordance with District Policy 7.1, a competitive bidding process was used to solicit bids for construction of the pipeline relocation project. A request for bids (RFB) was posted on the District’s website on April 3, 2024. The RFB required bidders to identify their proposed cost for the work within the area to be reimbursed by the County. Six (6) contractors provided bids. Construction bids were reviewed for conformance with the RFB and the lowest responsive bidder was Borden Excavating, Inc., below is a list of bids received. Contractor Total Bid Borden Excavating Inc. $1,081,956 MKP Construction Inc $1,257,460 Merlin Johnson Construction, Inc $1,361,525 Weka, Inc. $1,377,693 Pacific West Underground, Inc $1,442,442 Kirtley Construction, Inc. dba TK Construction $1,937,440 The bid price reflects the current bidding environment, appears to be reasonable, and is within the available funding. Liquidated damages for this project shall be $1,800 per day. Construction is scheduled to be substantially completed late Summer 2024. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership 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 C. Dedicate Efforts Toward System Maintenance and Modernization D. Enable Fact-Based Decision Making REVIEW BY OTHERS This agenda item has been reviewed by the Engineering Department. Agenda Item #4b May 22, 20243 Meeting Date: May 22, 2024 Agenda Item #4b Consent Item 1 6 2 2 FISCAL IMPACT The project is partially funded through an agreement with the County of San Bernardino. The remainder of the project cost are included in the District’s mid-year adjusted budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jason Wolf Senior Engineer ATTACHMENTS Exhibit A – Agreement between EVWD and Contractor Exhibit B – Executed Contract between County and EVWD Exhibit C – Vicinity Map EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between East Valley Water District (“Owner”) and [name of contracting entity] (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work will include the installation of new pipeline to replace the existing water main, fire hydrant assemblies, valves, fittings, and blow-off assemblies. It will also include the relocation of water services and meter boxes as well as the removal of existing fire hydrant assemblies, valves, and abandoned pipeline. The new water main will be wrapped in a polyethylene encasement and portions of the pipe will be restrained. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: The East Valley Water District Little 3rd & Little Tippecanoe Water Main Relocation Project includes abandonment of existing asbestos cement piping and the construction of approximately 4,000 linear feet of 8-inch ductile iron pipe. Construction also includes, but is not limited to: Permitting, Traffic Control, Potholing, Saw Cutting, Trenching, Joint Restraints, Water Service Tie Overs, Valves, Hydrants, Air-Vacs, Blow- Offs, Connections Tie-Ins, Crossings, Abandonments, Disinfection, Pressure Testing, Dewatering, Backfill, Compaction, Pavement Repair, etc. This project is in response to the County of San Bernardino’s grant funded road improvement project (Road Project), where it was discovered that the water and gas mains were less than 3 feet deep. Due to water main rupture and leak concerns during Road Project construction, EVWD desires to abandon the existing water main and construct a new water main with proper cover. The Water Project alignment runs along E Little 3rd Street from Palm Lane to an elbow at Little Tippecanoe Avenue then runs North up Little Tippecanoe Avenue to 4th Street. The project is structured into two Bid Schedules to facilitate construction invoicing and EVWD reimbursement from the County and are as follows: • Bid Schedule A: ≈ 1,670 L.F. (Palm Lane to Pedley Road) Build America Buy America Act (BABAA) requirements apply to Bid Schedule A • Bid Schedule B: ≈ 2,390 L.F. (Pedley Road to 4th Street) Borden Excavating, Inc. AGREEMENT FOR CONSTRUCTION CONTRACT EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 ARTICLE 3—ENGINEER 3.01 The Owner has retained Water Systems Consulting, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by Water Systems Consulting, Inc. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.03 Contract Times: Days A. The Work will be substantially complete within 75 days after the date when the Contract Times commence to run, and completed and ready for final payment within 100 days after the date when the Contract Times commence to run. 4.05 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,800 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,500 for each day that expires after such time until the Work is completed and ready for final payment. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $[number]. $1,081,956. EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 B. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 5th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of the value of the Work completed (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. ARTICLE 7—CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 3. General Conditions. 4. Special Provisions. 5. Specifications as listed in the table of contents of the project manual. 6. Drawings (not attached but incorporated by reference) consisting of 10 sheets with each sheet bearing the following general title: Little 3rd & Little Tippecanoe Water Main Relocation Plan Set. 8. Addenda (numbers [number] to [number], inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid Forms 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. one (1)one (1) EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 9.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10.Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 8.03 Standard General Conditions A. Owner stipulates that the General Conditions are made a part of this Contract are EVWD Contract General Conditions dated May 1, 2020 8.04 Special Provisions A. Owner stipulates that the Special Provisions are made a part of this Contract EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on [indicate date on which Contract becomes effective] (which is the Effective Date of the Contract). Owner: Contractor: East Valley Water District (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individual’s signature) (individual’s signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: 31111 Greenspot Road Highland, California 92346 Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: License No.: (where applicable) State: REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY AND RECORD OF ACTION April 9, 2024 FROM NOEL CASTILLO, Director, Department of Public Works – Transportation SUBJECT Utility Agreement with East Valley Water District for Waterline Relocations for the Little Third Street and Little Tippecanoe Avenue Project in the San Bernardino Area RECOMMENDATION(S) ..Recommendation Approve Utility Agreement No. 24-311 with the East Valley Water District for the relocation of East Valley Water District’s waterline facilities that conflict with the San Bernardino County’s Little Third Street and Little Tippecanoe Avenue Project in the San Bernardino area, at an estimated cost not to exceed amount of $464,888, for a contract term commencing April 9, 2024, and that shall terminate upon receipt of a Notice of Completion of the Project, or April 9, 2027, whichever occurs first. (Presenter: Noel Castillo, Director, 387-7906) COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES Ensure Development of a Well-Planned, Balanced, and Sustainable County. Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders. FINANCIAL IMPACT Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Little Third Street and Little Tippecanoe Avenue in the San Bernardino Area (Project) is funded with Gas Tax, Measure I Local Streets Program San Bernardino Valley Subarea, and anticipated Federal Congressionally Directed Spending revenue. The Project’s waterline relocations will be funded with Measure I Local Streets Program San Bernardino Valley Subarea funds. Sufficient appropriation and revenue are included in the Department of Public Works (Department) 2023-24 Road Operations budget (66500002000 34H15122/TX1825) and will be included in future recommended budgets. BACKGROUND INFORMATION The Project involves pavement rehabilitation, new asphalt concrete pavement, sidewalks, curb and gutter, storm drains, fencing, streetlights, and new curb ramps in accordance with current design standards and pursuant to the Americans with Disabilities Act (ADA) guidelines. On July 11, 2023 (Item No. 34), the Board of Supervisors (Board) approved and determined the Project was exempt under the California Environmental Quality Act (CEQA) and a Notice of Exemption was filed. No further action related to CEQA is required at this time. On November 14, 2023 (Item No. 69), the Board authorized the acquisition of 18 temporary construction easements (TCEs) from 16 property owners, over portions of certain real Item 46 Page 1 of 3 Utility Agreement with East Valley Water District for Waterline Relocations for the Little Third Street and Little Tippecanoe Avenue Project in the San Bernardino Area April 9, 2024 properties. Although there are 18 TCEs, there are only 17 Acquisition Agreements, as two properties are included in one agreement among the 16 property owners. Subsequent to the Board’s approval of the Project and the County’s acquisition of the easements, Department staff determined during the design phase that the Project would impact East Valley Water District’s (District) existing waterlines, water meters, fire hydrants, and appurtenant structures, necessitating a relocation in order to accommodate the Project within the right-of-way. The Utility Agreement (Agreement) with the District will provide for the relocation of the District’s waterlines, water meters, fire hydrants, and appurtenant structures, with the District to be the lead agency for the design and the relocation work. Given that the District possesses prior rights within the public right-of-way on Little Third Street, from Palm Lane east to Pedley Road, the County will pay for the design and relocation costs, at an estimated amount not to exceed $464,888. The County has requested that the District complete the above relocation and installation work prior to the commencement of the Project. The proposed Agreement sets forth the terms and conditions under which the District will relocate and install District’s facilities, subject to reimbursement from County, for a contract term commencing April 9,2024, that shall terminate upon receipt of a Notice of Completion of the Project, or April 9, 2027, whichever occurs first. The Agreement may be terminated by either party, with or without cause, upon 30 days advance written notice. Upon completion of the relocation of the District facilities under the Agreement, the District shall own, operate, and maintain its facilities. PROCUREMENT Not applicable. REVIEW BY OTHERS This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387- 5455) on February 14, 2024; Finance (Jessica Trillo, Administrative Analyst, 387-4222) on March 18, 2024; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on March 24, 2024. Item 46 Page 2 of 3 Utility Agreement with East Valley Water District for Waterline Relocations for the Little Third Street and Little Tippecanoe Avenue Project in the San Bernardino Area April 9, 2024 Record of Action of the Board of Supervisors San Bernardino County APPROVED (CONSENT CALENDAR) Moved: Curt Hagman Seconded: Joe Baca, Jr. Ayes: Col. Paul Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr. Lynna Monell, CLERK OF THE BOARD BY _________________________________ DATED: April 9, 2024 cc:PW - Nguyen w/ agree Contractor c/o PW w/ agree File w/ agree JLL 04/12/2024 Item 46 Page 3 of 3 E LITTLE 3RD & LITTLE TIPPECANOE WATER MAIN RELOCATION EXHIBIT C 31111 GREENSPOT ROAD HIGHLAND, CALIFORNIA 92346 SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO PROJECT SITE SB COUNTY/CITY OF SAN BERNARDINO BOUNDARY Agenda Item #4c May 22, 20241 Meeting Date: May 22, 2024 Agenda Item #4c Discussion Item Regular Board Meeting TO: Governing Board Members FROM: General Manager SUBJECT: Consider Approval of a Pretreatment Program Administration Agreement with the City of San Bernardino RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute a Pretreatment Program Administration Agreement with the City of San Bernardino. BACKGROUND / ANALYSIS In 2018, the District executed an Extraterritorial Wastewater Treatment Agreement (Flow Swap Agreement) with the City of San Bernardino Water Department to address comingling and exchange of wastewater flows between each other’s respective service areas. The motivation for this Flow Swap Agreement was to avoid having to construct a sewer lift station to pump wastewater from the southwest portion of the District’s service area that cannot flow to the Sterling Natural Resource Center (SNRC) by gravity. The Flow Swap Agreement did not address the establishment and enforcement of a wastewater Pretreatment Program for the areas identified as Area “A” and Area “B”. Area “A” is geographically located in the City of San Bernardino’s service area and will now discharge wastewater to EVWD’s SNRC, and Area “B” is geographically located in EVWD’s service area but will continue to discharge wastewater to the City of San Bernardino’s water reclamation facility. The wastewater flows generated in Areas “A” and “B” are approximately equal. EVWD will require assistance from the City of San Bernardino in administrating and enforcing a pretreatment program for Area “B”. Likewise, the City of San Bernardino will require EVWD’s assistance with administrating and enforcing its pretreatment program in Area “A”. The agreement was developed to address pretreatment responsibilities for Areas “A” and “B”, respectively. The City of San Bernardino shall have the authority to implement and enforce its pretreatment program for its service area including service Area “B” and EVWD shall have the authority to implement and enforce its pretreatment program in its service area including service Area “A”. Agenda Item #4c May 22, 20242 Meeting Date: May 22, 2024 Agenda Item #4c Discussion Item AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources IV - Promote Planning, Maintenance and Preservation of District Resources A. Develop Projects and Programs to Ensure Safe and Reliable Services REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Jeff Noelte Director of Engineering and Operations ATTACHMENTS Pretreatment Agreement with City of San Bernardino Exhibits 1-4 to Pretreatment Agreement Page 1 of 6 PRETREATMENT PROGRAM ADMINISTRATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND THE EAST VALLEY WATER DISTRICT This Pretreatment Program Administration Agreement (“Agreement”), pertaining to the administration of a Pretreatment Program, is entered into on this _________ day of ____________________, 2024, by and between the City of San Bernardino acting through its Municipal Water Department (“City”) and the East Valley Water District (“East Valley”). Hereinafter City and East Valley may also be referred to as “Party” or collectively referred to as “Parties”. RECITALS WHEREAS, the Parties entered into a Settlement Agreement on November 21, 2017, to resolve litigation then existing between the Parties; and WHEREAS, the Parties entered into the Extraterritorial Wastewater Treatment Exchange Agreement (“Flow Swap Agreement”) on August 1, 2018, attached hereto as Exhibit “1”, pursuant to Section 1 (c)(3) of the Settlement Agreement to address the co-mingling and exchange of flows between East Valley and City that is extraterritorial to each Party’s service area; and WHEREAS, wastewater generated from Service Area “A” as defined in the Flow Swap Agreement, geographically located in City’s service area, will discharge to East Valley’s treatment facilities known as the Sterling Natural Resource Center (“SNRC”) and wastewater generated from Service Area “B”, geographically located in East Valley’s service area, will discharge to the City’s treatment facilities known as the Margaret H. Chandler Water Reclamation Facility (“WRF”); and WHEREAS, the enforcement of the appropriate pretreatment program in Service Areas A and B following the development of the SNRC was not specifically addressed in the Flow Swap Agreement; and WHEREAS, the Parties are party to the Pretreatment Program Agreement dated April 17, 2007 (“2007 Pretreatment Agreement”), under which the City provides pretreatment services for the entirety of East Valley’s service area; and WHEREAS, upon completion of Phase 6 of the SNRC (as that term is defined in the SNRC Transition MOU, Article I, Section E, subsection F attached hereto as Exhibit “2”) (“Full Completion”), East Valley will require the City’s assistance with enforcement of a pretreatment program in Service Area “B” (rather than its entire territory) and the City will require East Valley’s assistance with enforcement of a pretreatment program in Service Area “A”; and Page 2 of 6 WHEREAS, City has adopted various rules and regulations regulating the discharge of non-domestic wastewater to its Publicly Owned Treatment Works (“POTW”), as they may be amended from time to time, which are presently contained in Rule and Regulation No. 1, Rule and Regulation No. 26, and Resolution No. 973 (“City Rules and Regs”), copies of which are attached hereto and marked Exhibit “3”; and WHEREAS, East Valley has adopted various rules and regulations regulating the discharge of wastewater to its POTW, as they may be amended from time to time, which are presently contained in Ordinance 404 (“East Valley Rules and Regs”), a copy of which is attached hereto and marked Exhibit “4”; and WHEREAS, City holds a National Pollutant Discharge Elimination System (“NPDES”) permit for the discharge of wastewater and East Valley holds a Waste Discharge Requirements and Master Recycling Permit (“WDRs”) which includes, in part, the requirement for implementation and enforcement of an approved pretreatment program; and WHEREAS, City must have the authority to implement its pretreatment program, enforce the regulations governing the discharge of industrial wastewater, including those specified in the NPDES permit issued to City, for all non-domestic wastewater in City’s service area, as well as non-domestic wastewater in Service Area “B”; and WHEREAS, East Valley must have the authority to implement its pretreatment program, enforce the regulations governing the discharge of industrial wastewater, including those specified in the WDRs issued to East Valley, for all non-domestic wastewater in East Valley’s service area, as well as non-domestic wastewater in Service Area “A”; and NOW, THEREFORE be it agreed by and between the Parties hereto as follows: SECTION 1 – GENERAL A. CURRENT AGREEMENT: The 2007 Pretreatment Agreement is repealed in its entirety upon Full Completion. B. DELEGATION OF POWERS: Neither City nor East Valley, by entering into this Agreement, relinquishes to the other any of its independent statutory powers or other powers and responsibilities relative to the provision of sewer service, or the promulgation, administration, and enforcement of industrial wastewater discharge requirements. C. FEE COLLECTION: City shall be responsible for promptly invoicing permittees located within Service Area “B” for the fees and charges adopted by City relating to industrial wastewater permit fees, monitoring fees, inspection fees, and all other charges related to the implementation of their pretreatment program. East Valley shall be responsible for promptly invoicing permittees located within Service Area “A” for the fees and charges adopted by East Valley relating to industrial wastewater permit fees, monitoring fees, inspection fees, and all other charges related to the implementation of their pretreatment program. City and East Valley shall pursue collection through their own normal fee recovery procedures for any Page 3 of 6 delinquent accounts. City and East Valley shall proceed with permit revocation and/or termination of accounts for any delinquent accounts with each Party providing notification to the other Party of any permit revocations. SECTION 2 – PERMITTING A. CLASSES OF PERMITS: City’s pretreatment program utilizes three (3) primary classes of Industrial User Permits: Class I, II, and III, as well as the issuance of a Control Number for non-discharging industrial users. East Valley’s pretreatment program utilizes four (4) primary classes of Industrial User Permits: Class I, II, III, and Class IV. The permitting of industrial users is intended to serve as a means of implementing regulations, and to provide for inspections, monitoring, reporting, and enforcement of violations to comply with EPA pretreatment regulations, and other applicable federal, state, and local regulations. B. PERMITTING PROCEDURES: Each industrial user located within Service Area “B”, shall originate its permit application with City and each industrial user located in Service Area “A” shall originate its permit application with East Valley. The application shall consist of the form then currently utilized by each Party to permit industrial users. City shall review its respective permit applications and will prepare the permit and attach any conditions or requirements that will be imposed under the City Rules and Regs, as amended. East Valley shall review its respective permit applications and will prepare the permit and attach any conditions or requirements that will be imposed under the East Valley Rules and Regs, as amended. All new Industrial User permits shall be reviewed and approved by each Party prior to issuance. City and East Valley shall expedite the review and approval process which shall be completed within 30 calendar days of permit submittal. Upon determination by each Party that the application is complete, and the permit has been approved, City shall issue permits for industrial users located in Service Area “B” and East Valley shall issue permits for industrial users located in Service Area “A”. The original permit application and permit shall be retained by each Party for their records. The completed permit shall constitute the authorization to discharge industrial wastewater to each Party’s treatment facilities under the respective pretreatment regulations for each Party. C. PLUMBING PLANS: New applicants for industrial or commercial sewer service and existing users who propose tenant improvements shall submit plumbing plans to the respective party for review. Each Party shall review the plans and shall notify the applicant or user of any additional requirements. City and East Valley shall forward an approval letter to the other Party upon the applicant’s completion of all such plan check requirements. D. EXISTING PERMITS: City shall notify holders of permits issued prior to the effective date of this Agreement that they may be required to replace such permits with permits issued in accordance with the procedures established herein when they expire. City shall require that each replacement permit be issued prior to the date the existing permit expires. E. EXISTING USERS WITHOUT PERMITS: Existing industrial users within Service Area “B” that are operating without permits under either City Rules and Regs or East Page 4 of 6 Valley Rules and Regs shall be required to obtain a permit or permits under the City’s Rules and Regs, as they may be amended. City shall be responsible, in coordination with East Valley, for identifying such industrial users and for notifying them of the need to obtain permits and of the permit application procedures and requirements set forth herein. F. PERMIT RENEWAL: Each existing industrial user within Service Area “B” currently permitted by City shall originate the permit renewal process with City. The application shall consist of the form then currently utilized by City to permit industrial users. City shall review the permit application, prepare and issue the permit and attach any conditions or requirements that will be imposed under City’s Rules and Regs, as they may be amended. The original permit application and permit shall be retained by City and copies shall be furnished to East Valley for their records, at their request. The completed permit, executed by City, shall constitute the authorization to discharge industrial wastewater. G. CHANGE IN PERMIT TERMS AND CONDITIONS: Parties shall have the authority to revise permit terms and conditions during the life of the permit to incorporate any new or revised federal, state, or local pretreatment standards or requirements; or to address significant alterations or modifications to the industrial user’s operation, processes, or wastewater quantity or quality. SECTION 3 - MONITORING, INSPECTIONS, AND REPORTING A. MONITORING AND INSPECTION: City shall have primary responsibility for scheduled and unscheduled inspection and monitoring of industrial users located in Service Area “B”. East Valley shall have primary responsibility for scheduled and unscheduled inspection and monitoring of industrial users located in Service Area “A”. Each Party shall conduct its inspection and monitoring in accordance with the terms and conditions of current City Rules and Regs or East Valley Rules and Regs. Each Party may conduct inspections and monitoring, independent of the other Party’s inspections and monitoring, as it may deem necessary. B. REPORTING: City and East Valley shall be responsible for any reporting it is required to do by law, including but not limited to, requirements of the Environmental Protection Agency and the California Regional Water Quality Control Board. Each Party agrees to provide such documentation as may be in that Party’s control as a result of this Agreement to the other Party as may be reasonably required to fulfill these reporting obligations. SECTION 4 – ENFORCEMENT A. PRIMARY ENFORCEMENT RESPONSIBILITY: City shall have primary responsibility within Service Area “B” for enforcing the City’s Rules and Regs, as they may be amended from time to time, and all associated industrial waste discharge policies and procedures relative to all permit terms and conditions. East Valley shall have primary responsibility within Service Area “A” for enforcing East Valley’s Rules and Regs, as they may be amended from time to time, and all associated industrial waste discharge policies and procedures relative to all permit terms and conditions. Page 5 of 6 B. ENFORCEMENT PROCESS: Each Party shall enforce the provisions of any industrial user permit issued according to the terms and conditions of the permit and the provisions of each Party’s pretreatment regulations. Enforcement actions, assessment of non- compliance fees, administrative orders, and permit suspension and revocation shall be performed by each Party. Except as hereinafter provided, physical termination of water and/or sewer service of any industrial users located within Service Area “B” shall be performed by East Valley, in its sole discretion, provided East Valley agrees not to unreasonably withhold such action, when requested by City. Except as hereinafter provided, physical termination of water and/or sewer service of any industrial users located within Service Area “A” shall be performed by City, in its sole discretion, provided City agrees not to unreasonably withhold such action, when requested by East Valley. In the event an industrial user’s sewer service is to be terminated for reasons related to enforcement matters, said service shall not be terminated without prior notification to the other Party; nor reinstated without the reasonable concurrence of each Party. In the event of an emergency, each Party may proceed with enforcement measures it reasonably deems necessary to protect its system. Each Party shall notify the other Party of such enforcement action as soon as possible, but no later than the next business day. All enforcement notices and other required communications shall be in writing, shall be delivered in person or sent certified mail, return receipt requested. All notifications shall be deemed received upon personal delivery or seventy-two hours after deposit in the mail of the United Stated Postal Service in San Bernardino County, California, postage prepaid and addressed as set forth in Section 6 of this agreement. SECTION 5 - EXCHANGE OF RECORDS Each Party acknowledges their individual responsibilities as heretofore described and the potential for each to generate records and documents. As requested, Parties shall provide the other with copies of all records and documents generated regarding the implementation of the pretreatment program. These copies shall include, but are not limited to, written correspondence, telephone logs, meeting minutes, invoices and billing statements, monitoring data, inspection reports, and any required reports submitted to regulatory agencies. SECTION 6 – NOTICES Except as otherwise provided herein, all notices and other communications required or permitted hereunder shall be in writing, shall be delivered in person or sent by certified mail, and addressed as follows: TO: East Valley Water District TO: City of San Bernardino Attention: General Manager Municipal Water Department 31111 Greenspot Road Attention: General Manager Highland, CA 92346 P.O. Box 710 San Bernardino, CA 92402 Page 6 of 6 IN WITNESS WHEREOF, City and East Valley have executed this Agreement as of the day and year first above written. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT EAST VALLEY WATER DISTRICT By: By: Miguel Guerrero, General Manager Michael Moore, General Manager/CEO Dated: ____________________ Dated: ____________________ Exhibit 1 Extraterritorial Wastewater Treatment Agreement Exhibit 2 SNRC Startup Transition MOU Mar 2, 2022John Mura (Mar 2, 2022 21:06 EST) Jean Cihigoyenetche Jean Cihigoyenetche (Mar 2, 2022 17:52 PST)Mar 2, 2022 SNRC Transition MOU Exhibits Exhibit A JPA and Amendments Exhibit B Settlement Agreement Exhibit C Flow Swap Agreement Exhibit D LAFCo Resolution 3226 Latent Authority Activation Exhibit E Conveyance Agreement Exhibit F Transition Plan Narrative Sewage Flow Transition Plan from San Bernardino to SNRC This narrative plan is intended to describe the transition of flows from the current East Trunk Sewer System, tributary to the City of San Bernardino collection system, to the newly constructed Del Rosa Interceptor for conveyance to EVWD’s Sterling Natural Resource Center (SNRC). 6th Street Sewer (flow-through) It is anticipated that during phase 1 of the sewer flow transition, SNRC will establish the activated sludge and ultra-violet systems. During these phases, effluent compliance may not be achieved and SNRC effluent flows with reduced suspended solids, BOD, and TIN will be diverted to the 6th Street sewer. EVWD may discharge up to 0.5 MGD of this partially or fully treated flows into the sewer in 6th Street sewer. The 6th Street sewer will be monitored to ensure that the capacity of the 6th Street sewer will not be exceeded. EVWD will strive to limit the period of flow-through to the 6th Street sewer. Scalping Maintenance Hole Previous discussions have identified the following maintenance holes that will be “cut-over” in a phased approach to accommodate the transition of EVWD service area sewer flows from San Bernardino to the SNRC. Preliminary planning included a maintenance hole-by-maintenance hole cutover. However, subsequent analysis determined that a scalping maintenance hole configuration provided the most flexibility and reliable transition of flows. To facilitate this, EVWD is proposing a phased transition of flows that utilizes a scalping maintenance hole at 9thth and Del Rosa Road. The scalping maintenance hole configuration is shown in Figure 1 below. Sewer cutout Existing 9th SewerPassive Overflow to SB Priority flow path: Del Rosa Interceptor to SNRC Figure 1: Scalping Maintenance Hole at 9th Street and Del Rosa Road Maintenance Hole Intended Operation of the Scalping Maintenance Hole: The scalping maintenance hole will be the first transition maintenance hole. It is the intent of the SNRC team to use the scalping maintenance hole as a passive overflow point with first flow option to SNRC and excess flow overflowing to the 9th Street Sewer and to San Bernardino. SNRC staff will make every effort to limit overflows to 9th Street Sewer by controlling SNRC influent pumping and staging the remaining cutover maintenance holes. At no point will the overflow to the 9th Street sewer be more than the observed 1.29 MGD average daily flow. Following the successful transition of all maintenance holes, the passive overflow to the 9th Street maintenance hole will be plugged per San Bernardino’s request. Following the transition of the scalping maintenance hole, the remaining maintenance holes will be cutover following the phasing plan described below and in Table 1. Table 1: Sewage Transition “cut-over’ Maintenance Holes and Phasing Group Maintenance hole Location Observed Daily Flow (MGD) 0.18 Phase Number 5Baseline St. and Conejo Dr. (western flow) Conejo Dr. and Baseline St. (northern flow) 0.077 5 Dwight Way and Baseline St. Glasgow Ave. and Baseline St. Yates St. and Baseline St. Baseline and Del Rosa Rd. (eastern flow) 1.40 0.055 0.022 1.29 3 5 5 2 9th Street and Del Rosa Rd. (Scalping maintenance hole) 6th Street and Del Rosa Rd. Total Flow 1.29 1 41.72 6.03 Phased Transition Prior to starting the transition of flows, EVWD will provide a 4-week notice before commencing Phase 1 and a 2-week notice before initiating subsequent phases. A more detailed plan is described below. Phase 1 (Scalping Maintenance Hole) will cut over the maintenance hole at 9th Street and Del Rosa Drive (approximately 1.29 MGD). During this time SNRC will establish its activated sludge process by seeding and growing biomass. The processed liquids will flow through the entire treatment process and be discharged to the Weaver Basins for groundwater recharge. In the event that the effluent is non-compliant, no more than 0.5 MGD will be directed into the sewer in 6th Street until compliance is achieved. The solids removed from the flows will be processed onsite. Following a biological stabilization period (expected to be 2-3 week) the parties will communicate and schedule the next phase. Phase 2 will cut over the maintenance hole at Baseline Street and Del Rosa Road (approximately 1.29 MGD). Following a biological stabilization period (expected to be 2-3 weeks) the parties will communicate and schedule next phase. Phase 3 will cut over the maintenance hole at Dwight Way and Baseline Street (approximately 1.40 MGD). Following a biological stabilization period (expected to be 2-3 weeks) the parties will communicate and schedule next phase. Phase 4 will cut over the maintenance hole at 6th Street and Del Rosa Drive (approximately 1.72 MGD). Following a biological stabilization period (expected to be 2-3 weeks) the parties will communicate and schedule next phase. Phase 5 will cut over the maintenance holes at: 1) Baseline Street and Conejo Drive (approximately 0.18 MGD), 2) Conejo Drive and Baseline Street (approximately 0.077 MGD), 3) Glasgow Ave. and Baseline Street (approximately 0.055 MGD), 4) Yates Avenue and Baseline Street (approximately 0.022 MGD). The expected total daily flow from this stage is approximately 0.33 MGD. Following a biological stabilization period (expected to be 1-2 weeks) the parties will communicate and schedule inspections to verify that flows cannot be bypassed to San Bernardino. This transition plan is graphically summarized in Exhibit 1 (see next page). Phase 6 temporary physical separation will occur. Phase 7 permanent physical separation will occur. Exhibit G Incremental Costs by Phase Date: 2/4/2022 SNRC Startup Transition Memorandum of Understanding Incremental Costs by Phase Phase 1 1.3 MGD Phase 2 1.3 MGD Phase 3 1.4 MGD Phase 4 1.70 MGD Phase 5 0.3 MGDStep Reduction Cumulative Reduction 1.3 MGD 2.6 MGD 4.00 MGD 5.70 MGD 6.00 MGD Cost/YR at Indicated Saved/YR Phase Cost/YR at Indicated Saved/YR Phase Cost/YR at Indicated Saved/YR Phase Cost/YR at Indicated Saved/YR Phase % Reduction of Total % Reduction % of $Cost/YR at % Reduction % of $% Reduction % of $% Reduction % of $% Reduction % of $ of TotalHP kWH/HP kW HRS/d kWH/d 447.60 $/kWH $/d $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Saved/YR of Total 0.00% Saved/YR Indicated Phase of Total of Total 0.00% of Total 0.00%East Lift Station Lift Screws Grit Pumps 1 EA 1 EA 25 15 5 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 0.746 18.65 11.19 3.73 0.746 14.92 7.46 0.746 55.95 18.65 11.19 559.5 18.65 55.95 55.95 24 24 24 24 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.1236 100% 100% 28% 55.34 33.21 3.09 2.21 0.50 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 20,200.47 12,120.28 1,127.86 808.02 182.37 14.03 0.00% 0.00% 21.67% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 21.67% 21.67% 21.67% $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ‐ ‐ 0.00% 0.00% 12.04% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 4.33% 12.04% 12.04% 0.00% 0.00% 43.33% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 43.33% 43.33% 43.33% $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ‐ ‐ 0.00% 0.00% 66.67% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 66.67% 66.67% 66.67% $ $ ‐ ‐ 0.00% 0.00% 95.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 95.00% 95.00% $ $ ‐ ‐ 100.00% 100.00%$ $ $ $ $ $ $ $ $ $ 20,200.47 268.56 89.52 17.90 4.04 0.31 17.90 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.1236 0.0758 0.1236 1.59 0.00% 6.02% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.17% 6.02% 6.02% 0.00% 18.52% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.67% 18.52% 18.52% 0.00% 26.39% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 9.50% 26.39% 26.39% 100.00% 100.00% 27.78% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 12,120.28 1,127.86 808.02 182.37 14.03 Bar Screens 1 EA 244.37 488.74 $ $ $ $ $ $ $ $ $ $ $ $ $ 751.91 $ $ $ $ $ $ $ $ $ $ $ $ 1,071.47 U2S Primary Rake Arm U2S Primary Sludge Pump U2S Primary Scum Pump U2S Secondary Rake Arm U2S Secondary RAS Pump U2S Secondary WAS Pump U2S Secondary Scum Pump Roots #4 Blower 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 100% 100% 100% 100% 100% 100% 100% 30% 100% 10% 27.92% 27.92% ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 20 10 1 0.27 0.04 24 0.04 2.21 808.02 808.02 75 25 15 750 25 75 75 24 1342.80 166.03 55.34 0.06 498.09 55.34 10.18 46.35 $340.90 60,601.42 20,200.47 21.04 181,804.25 20,200.47 3,715.12 16,917.90 124,427.04 60,601.42 20,200.47 21.04 24 447.60 0.47 24 13428.00 24 447.60 24 1342.80 24 1342.80 0.04 30.00% 100.00% $ 181,804.25 Floating Surface Mixers RIX Containment Wells Centrifuge 6 EA 25 EA 1 EA 100.00% 100.00% 10.00% 100.00% 27.78% 100.00% $ $ $ 20,200.47 3,715.12 16,917.90 804.94 3,665.54 26,959.19 1,609.89 7,331.09 53,918.38 2,476.75 11,278.60 82,951.36 3,529.37 16,072.00 Ferric Chloride 768 Gal/day 95.00% $ 118,205.69 27.78% 100.00% $ 124,427.04 Grit and Screenings Disposal Polymer Biosolids Disposal 1.33 yd3/day 1000 lbs/day 70 wet Tons/day $ $ $ 7.42 1.38 47.07 27.92% 27.92% 27.92% $ $ $ 2.76 385.25 919.83 Total $ $ $ $ 1,005.93 140,616.25 335,736.58 940,507.52 $8,261,876 11.38% 6.02% 6.02% 6.02% 21.67% 21.67% 21.67% $ $ $ $ 217.95 30,466.85 72,742.93 135,101.78 12.04% 12.04% 12.04% 43.33% 43.33% 43.33% $ 145,485.85 $ $ 435.90 60,933.71 18.52% 18.52% 18.52% 66.67% 66.67% 66.67% $ 223,824.39 $ $ 670.62 93,744.17 26.39% 26.39% 26.39% 95.00% 955.64$27.78% 100.00% 1,005.93$ 95.00% $ 133,585.44 95.00% $ 318,949.75 $ 592,369.35 27.78% 100.00% $ 140,616.25 27.78% 100.00% $ 335,736.58 $ 940,507.52$ 270,203.56 $ 415,697.79 FY 19/20 Actual Revenue Flow‐Dependent Costs ("Billing Variable")* Doesn't account for:1.64%3.27%5.03%7.17%11.38% 1. If the gas production goes low enough, we might have to run two (2) 750 HP electric blowers at GREAT cost 2. Scour and hydrogen sulfide production issues and other maintenance issues in the East Trunk Sewer 3. Labor is set based on the size and Class V category of the Plant and maintaining current infrastructure, not volume of flow. Labor would not reduce at all. 4. Remaining portion of Yearly Expenditures would not reduce and would be passed on to City and Loma Linda rate payers. 5. Taking Unit 2 South off line is contingent upon 5‐ft seperation at connection point. Exhibit H Transition Map ·Exhibit H Transition Map J4-133 K3-100 P P J4-135P K3-106 K3-104 PP K4-108 K4-109 K3-102 P P PP P K4-110 P P M/H #23 M/H #19K3-105 K3-103 L4-104 L4-105P P P Legend M4-108 M4-107 M4-106PPPPP P Maintenance Hole M/H #7 New Maintenance Hole EVWD Sewer Mains S. B. Sewer Mains Del Rosa Interceptor SNRC SNRC Exhibit 3 SBMWD Rules and Regulations Nos. 1 and 26, and Resolution 973 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South "E" Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED 1.0 RULES AND REGULATIONS 1.1 General The following Rules and Regulations are effective in the City of San Bernardino, and were established by resolution of the Board of Water Commissioners (BOWC) and resolution by the Mayor and Council of the City of San Bernardino. Specific rules and regulations governing payment of bills, Water Department rates and credits, are in accordance with ordinances of the City of San Bernardino. All Rules and Regulations herein set forth are subject at all times to change or abolition by action of the Board of Water Commissioners as the respective and controlling authority of the City. Copies of the Rules and Regulations in effect will be kept on file and up to date in the offices of the City of San Bernardino Water Department and in the office of the City Clerk of the City of San Bernardino. Consumers or others contemplating any expenditure or activities governed by these rules and regulations should assure themselves that they have the latest and correct information by contacting the Water Department. A. Definitions For the purpose of these Rules and Regulations, all words herein in the present tense shall include the future, all words in the plural number shall include the singular, and all words in the singular number shall include the plural. Whenever in these Rules and Regulations the following words and phrases set forth in this section are used, they shall, for the purpose of these Rules and Regulations, have the following meanings respectively, to wit: (1) "Abandoned Service" shall mean a service connection documented based on actual field Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 2 conditions that the service lateral was cut, capped, and left in place. If the service classified as abandoned in actually removed, the service shall be reclassified as removed in Water Department records. See "Killed Service". (2)"Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended from time to time, 33 U.S.C. Section 1251 et seq. (3) "American Water Works Association (AWWA) Standards" shall mean the latest revision of the standards adopted by AWWA and available for review at the Water Department. (4) "Applicant" means developer, landowner, or individual requesting water and/or wastewater backbone infrastructure extensions or service. (5) "Approved Analytical Methods" shall mean the sample analysis techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods, approved by the SBMWD, or any other applicable sampling and analytical procedures,including procedures suggested by the SBMWD or other parties as approved by the EPA. (6) "Approved Backflow Prevention Assembly" shall mean an assembly that has been investigated and approved by the Water Department. The approval of backflow Department will be on the basis of a favorable report by an approved testing laboratory prevention devices by the Water recommending such an approval, and acceptance through the Water Department's approval process. (7) "Authorized Representative" shall mean: a.A responsible corporate officer, if the Industrial User is a corporation of the level of president, secretary, treasurer, or vice president in charge of a principal business function, or any other person who performs similar policy or decision making Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 3 functions for the corporation; or the manager of one or more manufacturing or production facilities, processes, provided, or the operating manager is authorized to make management decisions which govern the operation of the theregulated facility including having 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 manager in accordance procedures. or delegated with to the corporate b. c. A general partner or proprietor if the Industrial User is a partnership, or sole proprietorship, respectively. A director, highest appointed official, or employee designated to oversee the operation performance of the activities of a federal, state or local government facility. d.A duly Authorized Representative of the individual designated in a, b, or c, provided such authorization is confirmed in writing by the individual described in a, b, or c; and the authorization specifies an individual having responsibility for the overall which the Industrial Discharge originates, such as the position of plant operation of the facility from manager, operator of a well, or well field superintendent, or a position of equivalent responsibility,or having overall responsibility for environmental matters for the company; and e.the written authorization is submitted to the Control Authority. (8) "Automated Meter Reading" equipment for the remote shall mean the ofcollection consumption data from a customer's water meter. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 4 (9) "Backflow Prevention Assembly or Device" shall mean an assembly for the prevention of backflow from the customer's water system to the Water Department's water system and may include, but not be limited to, a backflow prevention device, isolation valves, test cocks, thrust restraints, a vault, connecting piping, an enclosure, and other appurtenances. (10) “Backwater Valve” shall mean a device intended to prevent untreated wastewater in a Sewer Main or Sewer Lateral from flowing backward (“back flowing”) into the House Sewer. (11) "Beneficial Use" means the Applicant may utilize Water Department facilities for fire protection purposes and water through Water Department approved services. Beneficial use is granted when the water facilities have been properly conveyed to the Water Department and all service installations have been approved by the Water Department. (12) "Best Management Practices (BMPs)" shall mean 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). BMPs also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage. The POTW may develop BMPs, which shall be considered local limits and pretreatment standards for the purposes of these Rules and Regulations. (13) "Billing Date" shall be the date shown on the monthly water and sewer bill. (14) "Biochemical Oxygen Demand (BOD)" shall mean the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under standard laboratory methods of five (5) days at twenty degrees Centigrade. (15) "Board" shall refer to the group of up to five Board members for the Water Department as established by the City of San Bernardino Charter Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 5 Article VI: Section 603, Water and Wastewater. The words "Water Board" shall have the same meaning. (16) "Building Official" shall mean the Director of Community Development,an authorized representative, or any City Officer who is subsequently empowered to assume the duties of the Building Official. (17) "Building Permit(s)" shall mean the permit(s) issued by either the City of San Bernardino or San Bernardino County for a structure including but not limited to the foundation, shell, and other related building components. (18) "Bypass" shall mean the intentional diversion of waste streams from any point of a user’s pretreatment facility. (19) "Capacity Charge" shall mean a variable charge or fee by service size required to obtain a service connection onto a Water Department water main to cover the costs per Equivalent Dwelling Unit (EDU) for bond-funded improvements, cost of water storage, cost of water production, and cost of pumping and transmission. The service charge will also address the connection and capacity fees associated with the sewer system. (20) "Categorical Industrial User" shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.C. Sec. 1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Sub-chapter N, and amendments thereto. (21) "Chemical Oxygen Demand (COD)" shall mean the quantity of oxygen, expressed in mg/L required to chemically oxidize material in a waste sample or wastewater sample, under specific conditions of an oxidizing agent, temperature, and time. COD results are not necessarily related to BOD results (22) "City" shall mean City of San Bernardino, acting through the elected officials and authorized representatives. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 6 (23)"City Attorney" shall mean the San Bernardino City Attorney or an authorized representative, deputy, or agent appointed by the City Attorney. (24)"Class I User" shall mean an industrial user (IU) 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 (SIU) as specified in 40 CFR 403.3(vv)(ii). (25) (26) "Class II User" shall mean an IU with an average discharge between ten thousand (10,000) and twenty-four thousand nine hundred ninety-nine gallons (24,999) per day of industrial wastewater to the POTW, or as specified by the Director. "Class III User" shall mean an IU with an average discharge up to 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 the Rules and Regulations. (27) (28) "Class IV User" shall mean an IU that has a temporary need, less than 180 days, to discharge wastewater to the POTW. "Class V User" shall mean an IU that performs operations regulated by Federal Categorical Standards with no industrial wastewater discharged to the POTW from the Categorical process(es) (Dry Categorical). (29) (30) "Class VI User" shall mean a Liquid Wastehauler that hauls domestic liquid wastes from septic tanks, chemical toilets, cesspools, seepage pits, or private disposal systems which are discharged to the septic receiving station located at the WRP. "Collection Agency" shall mean the City, acting through the SBMWD, or a public agency with which the City has an interjurisdictional agreement covering the collection and discharge of sewage within such agency into the City’s Collection System for transmission, treatment, and disposal. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 7 (31)"Collection System" shall mean all pipes, plant facilities, sewers and conveyance systems carrying wastewater to the WRP and RIX, owned and maintained by the City and/or by tributary Satellite Service Areas contracting with the City for transmission, treatment, and disposal, excluding Private Sewer lateral connections and house sewers. (32) (33) "Combination Service" shall mean a single lateral connection through which water is obtained for the dual purpose of private fire service and domestic service or domestic landscape and domestic service. "Combined Wastestream Formula" shall mean the formula, as outlined in the general pretreatment regulations of the Clean Water Act, 40 CFR 403.6(e), for determining wastewater discharge limitations for Categorical Industrial Users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula. (34) (35) "Common Council" shall mean the City of San Bernardino City Council responsible for representing the City and the San Bernardino Municipal Water Department. "Compliance Order" shall mean a time schedule issued to an industrial user by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the industrial user’s wastewater discharge permit or Rule and Regulation No. 26. (36)"Compliance Schedule" shall mean a time schedule enforceable under Rule and Regulation No. 26 containing increments of progress, i.e., milestones, in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 8 indirectly affect the quality of the user’s wastewater effluent. (37) (38) "Composite Sample" shall mean a collection of individual samples obtained at selected time or flow-based increments, which are combined into one sample. "Conditional Will Serve" shall mean a water and sewer commitment that may be made if the applicant completes specific requirements within specified timeframes as specified in a written agreement with the Water Department. (39)"Confined Space," pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, and amendments thereto, shall mean a space that: a.Is large enough and so configured that a person can bodily enter and perform assigned work; b.Has limited or restricted means for entry or exit (for example, tanks vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and c.Is not designed for continuous occupancy by a person. (40) (41) "Consent Order" shall mean a time schedule agreed upon between the SBMWD and an IU which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or Rule and Regulation No. 26. "Constituent" shall mean any physical, chemical, or biological component of water or wastewater which can be quantified using Approved Analytical Methods. (42) (43) "Construction Water" shall mean metered water delivered for construction purposes including, but not limited to, compaction and dust control. "Conventional Pollutants" shall mean BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such additional pollutants which may be specified and controlled Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 9 in the NPDES permit issued to the WRP by the RWQCB. (44) "Conveyance Agreement" shall mean the Agreement between the Developer and the Water Department whereas the Developer completed all construction items, provided all submittals, and the Water Department has accepted the construction of all mains and laterals. (45) "Cooling Water" shall mean all water used solely for the purpose of cooling process, equipment, or product. a manufacturing (46) "Cost Letter"shall mean a letter or correspondence that documents all costs as defined in these Rules and Regulation. (47) "Costs" shall mean labor, material, equipment rental, street cut repair charges, transportation expense, supervision, engineering, and all other necessary overhead expenses. (48) "County" shall mean the County of San Bernardino or the Board of Supervisors of the County of San Bernardino. (49) "Cross-Connection" shall mean any unauthorized or illegal physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems, or a private well, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include but not be limited to any temporary connections,such as swing connections, removable sections, four-way plug valves, spools, dummy section of pipe, swivel or change-over devices or sliding multiport tube. (50) "Customer of Record" shall mean a person who is recipient of water and sewer service from the Water Department through an existing service connection, or a person applying for water through an existing service connections. (51) "Day" shall mean calendar day unless otherwise specified. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 10 (52)"De Minimus User" shall mean any user whose industrial wastewater discharge is less than 100 gallons per day and is not regulated by a federal categorical pretreatment standard or industrial user group permit. (53)"Deferral Agreement" shall mean the agreement between the Water Department and the Developer whereas the Water Department will allow the Developer to defer the acquisition of service charges until sale or transfer of the lots. A deferral agreement will be approved by the SBMWD only after an acceptable payment bond has been issued in the full amount of the project acquisition to the SBMWD. Payment of all fees is required prior to the certificate of occupancy issued by the City Community and Economic Development Department,only after all acquisition has been paid will the SBMWD release the payment bond. (54)"Dental industrial users subject to Dental Amalgam Effluent and BMP Standards or related Industrial User"shall mean all requirements promulgated by the Environmental Protection Agency (EPA), and any subsequent programs or requirements imposed by a State Agency. (55) (56) "Department" shall mean the Water Department of the City of San Bernardino. See also "Water Department" and "SBMWD". "Design and Construction Standards for Water and/or Wastewater System Improvements" shall mean the minimum design and construction criteria for water distribution and sewage collection systems within the jurisdiction of the Water Department. (57) (58) (59) "Developer" shall mean any person, agent, or corporation engaged in or proposing development of property. "Developer Approval" is the approval(s) required from the City of San Bernardino for subdivision of a parcel or issuance of a building permit. "Developer-Installed Agreement"means an agreement between the Water Department and Applicant executed by the General Manager that Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 11 shall establish the terms for the installation and transfer of the title of water and sewage collection system facilities. (60) "Developer Required Size" means the minimum water and sewage collection facility size required to service the Applicant's development only. (61) "Dilution" shall mean the increase in use of water, wastewater or any other means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements. (62) "Director" shall mean either the Director of Water Reclamation or Environmental & Regulatory Compliance or an authorized representative, deputy, or agent appointed by the Director. (63) "Discharger" shall mean any person who directly or indirectly causes or contributes to a discharge to the POTW. (64) "Disconnection of Service" shall mean an active service connection which has been turned-off or terminated for nonpayment of water and sewer bills. (65) "Domestic Liquid Wastes" shall mean all domestic wastes contained in septic tanks, cesspools, seepage pits, holding tanks, private disposal systems, or chemical toilets not connected to the POTW. (66) "Domestic Service" shall mean a service connection through which water is obtained for all purposes permissible under law, including commercial and industrial uses exclusive of fire protection and construction service. (67) "Domestic Wastewater" shall mean wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter. (68) "E&RC" shall mean the Environmental and Regulatory Compliance Division of the SBMWD. (69) "Effluent" shall mean treated wastewater flowing from treatment facilities, a POTW, or a user’s pretreatment equipment to the POTW. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 12 (70) "Electrical Conductivity" shall mean the quantitative measurement of salt/ionic constituents dissolved in wastewater generated from, but not limited to: boilers, cooling towers, and water systems. (71) "Emergency" shall mean a sudden or unexpected occurrence or need that requires immediate action to prevent an adverse impact upon life, health, property or essential public services. The term shall also refer to the facts or circumstances that SBMWD reasonably determines create an imminent threat of harm to public health or safety, the environment or the POTW. (72) "Emergency Service Connection" shall mean a Water Department authorized service connection on an interim basis required to safeguard health and protect private or public property. (73) "Employee" shall mean any individual employed by the Water Department, excluding independent contractors, consultants, and their employees. (74) "Engineer" shall mean the SBMWD’s designated Engineer of Record, or an authorized representative or deputy. (75) "EPA" shall mean the United States Environmental Protection Agency. (76) "Equivalent Dwelling Unit" or "EDU" shall mean a unit of measure that standardizes all land use categories to the level of demand created by one single-family dwelling unit. EDUs are computed in accordance with the probable demand that a user places on the system by assignment of an equivalency factor. (77) "Exchange Type Soft Water Conditioning Equipment" shall mean any soft water conditioning equipment that is removed from the premises at which it is normally operated for regeneration at a commercial regeneration facility. (78) "Existing Source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced before the publication of proposed pretreatment standards Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 13 under Section 307(c) of the Federal Clean Water Act and amendments thereto. (79) "Federal Categorical Pretreatment Standard" shall mean the National Pretreatment Standards, established by the EPA, 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, and amendments thereto. (80) "Fire Hydrant" shall mean a public fire hydrant(s) to be located within a public right--of--way or easement. The fire hydrant shall be of a type and manufacturer approved by the entity having jurisdiction. (81) "Fire Hydrant Meter" shall mean a portable water meter which is connected to a fire hydrant for the purpose of temporary water use. (These meters are sometimes referred to as Construction Meters). (82) "Fire Service" shall mean a service connection through which water is available on private property for fire protection exclusively. Private fire service shall be equipped with a Water Department approved backflow device and meter per Water Department Standards. (83) "Fire Service Acquisition of Service Charge" shall mean a variable charge or fee by service size required to obtain a fire service connection onto a Water Department water main to cover the costs per Equivalent Dwelling Unit (EDU) for bond-funded improvements, cost of water storage, cost of water production, and cost of pumping and transmission. (84) "Fixture Units" shall be defined as specified in the Uniform Plumbing Code, current edition. (85) "Flow, Permitted Average" shall mean the mathematical daily average flow of industrial wastewater discharged from a permitted user to the POTW. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 14 (86) "Flow, Permitted Maximum"shall mean the permitted average flow plus 20% of the average flow. The permitted maximum flow is designed to allow for periodic production increases which result in an increase in the amount of wastewater discharged to the POTW. (87) "Flow Monitoring Equipment" shall mean the equipment and structures required to be installed, maintained, and calibrated at the user’s expense to measure, totalize, and record the amount of water used at the facility or the quantity discharged to the POTW. (88) "Frontage Fee" shall mean actual costs incurred either by the Water Department or Applicant who executed a Developer-Installed Agreement and Conveyance Agreement with the Water Department documenting all approved costs incurred and advanced by Applicant necessary to document refundable costs due to either the Water Department or Applicant who initially advanced the costs and shall be calculated by the total length of water main installed divided into the total approved costs. (89) "General Manager" shall mean the person duly appointed by the Board to perform the duties of the position, or that person's duly appointed representative. (90) "Good Faith" shall mean the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. Examples of these intentions are improved Best Management Practices (BMP)or the installation of pretreatment equipment to reduce or eliminate pollutants. (91) "Grab Sample" shall mean an individual sample collected over a period of time not exceeding fifteen minutes. (92) "Grease Waste" shall mean the floating, solid, and semi-solid waste contained within an approved oil/grease interceptor located at a Restaurant User. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 15 (93) (94) (95) "Grease Wastehauler" shall mean any person engaged in the removal, transport, and disposal of grease waste removed from Restaurant User. a permitted "Grease Wastehauler Manifest" shall mean the manifest required to document the removal of pretreatment waste from a permitted Restaurant User. "Hazardous Material" shall mean any material capable of creating imminent endangerment to health or the environment including, but not limited to, any substance designated under 40 CFR Section 310.11(d) and amendments thereto, or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCUSC Section 2601, et seq. and amendments thereto. In general, substances which are toxic, explosive, corrosive, flammable or irritants, or which generate pressure through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc. (96) (97) "Heating Water" shall mean all water used solely for the heating of a manufacturing process, equipment, or product. "House Sewer" shall mean that portion of the property owner’s plumbing system used to collect wastewater from any plumbing fixture or drain for the proper discharge of such wastewater into the private sewer lateral. (98) (99) "Hydrolysate" shall mean the resultant liquid from the hydrolysis of human remains. "Hydrolysis" shall mean the process by which the body of a deceased person is chemically reduced to its essential organic components and bone fragments either before or after processing of the remains after removal from the hydrolysis chamber. (100) "Illegal Service" shall mean an active service connection, but which installation was not authorized by the Water Department or is in violation of the Water Department's service rules. Illegal services include, but are not Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 16 limited to, expansions of on-site systems to serve adjacent parcels. (101) "Inactive Service"shall mean a service connection which is not in use, but is fully operational in accordance with Water Department standards and documented in Water Department records. (102) "Industrial User" (IU) shall mean all persons, entities, commercial, public or private,industrial, orgovernmental,educational, institutional which discharge or cause to be discharged, industrial wastewater into the POTW. (103) "Industrial User Permit"shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of industrial wastewater from industrial users into the POTW. (104) "Industrial Wastewater" shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental,educational,institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment,and potable water treatment wastewater as determined by the Director. (105) "Infectious Waste" shall mean all wastes that normally cause, or significantly contribute to cause, increased morbidity or mortality of human beings. (106) "Interceptor" shall mean an approved detention chamber designed to remove floatable and settle- able material from industrial wastewater prior to discharge to the POTW. (107) "Interference" shall mean any discharge from a user which, alone or in conjunction with a discharge or discharges from other sources both: inhibits or disrupts the POTW,treatment processes or operations, or sludge processes, use or disposal; and which is a cause of a violation Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 17 of any requirement of the NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with 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), 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, and any amendments to these Acts or regulations. (108) "Ion Exchange Water Softener" shall mean a water conditioning apparatus that is designed to remove hardness or other impurities from incoming potable water supply. a user’s (109) "Jumper" shall mean a length of pipe installed in lieu of a meter (also known as an "idler"). (110) "Killed Service" shall mean a service connection documented based on actual field conditions that the service lateral no longer exists. The service is classified as killed in Water Department records. If field conditions later indicate that a service classified as killed was actually abandoned, the service shall be classified as abandoned in Water Department records. See "Abandoned Service". (111) "Lift Station" shall mean a facility used for pumping wastewater from a lower to a higher elevation via a force main piping system under pressure, particularly where the elevation of the source is not sufficient for gravity flow and/or when the use of gravity conveyance will result in an excessively deep sewer main that is more challenging to construct and maintain. (112) "Liquid Wastehauler" shall mean any person engaged in the removal, transport, and disposal of domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other private disposal system for domestic wastewater. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 18 (113) "Liquid Wastehauler Manifest" shall mean the manifest required to be completed and submitted to the Director before authorization to discharge domestic liquid wastes at the WRP is granted. (114) "Liquid Wastehauler Permit" shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of domestic liquid waste from liquid wastehaulers into the WRP. (115) "Local Discharge Limit" shall mean the maximum concentration of a pollutant determined from either a grab or composite sample which is permitted to be discharged to the POTW, developed by the SBMWD in accordance with 40 CFR 403.5(c) and amendments thereto. (116) "Lower Explosive Limit (LEL)" shall mean the minimum concentration of combustible gas or vapor in the air that will ignite if an ignition source is present. (117) "Main Extension" shall mean any addition to the Water Department's Network Distribution System or Sanitary Sewer Collection System, consisting of a pipeline which is a nominal eight (8) inches in diameter or greater, for the purpose of providing an adequate water supply or for the purpose of providing sanitary sewer service. The Water Department reserves the right to increase the length or diameter of a main extension beyond that required to serve a particular development in order to provide for the orderly development of the Water Department's Network Distribution System or Sanitary Sewer Collection System, improve water quality, and/or improve system reliability. (118) "Mass Emission Rate" shall mean the pounds per day discharged to the City’s Collection System of a particular pollutant or combination of pollutants, as contained in an Industrial User Permit. (119) "Master Meter" shall mean the Water Department approved primary measuring device installed for, but owned by the Water Department, which is used for the purpose of accurately recording all Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 19 consumption entering an area containing a number of customers, or sub-metered services. (120) "May" shall mean permissive. (121) "Medical Waste" shall mean infectious agents, human blood, blood products, pathological wastes, sharps, recognizable body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory waste dialysis waste, hypodermic needles, syringes, medical instruments/utensils, or any other paper or plastic items of disposable nature used for medically related purposes. The term "Medical Waste" shall exclude de minimus amounts of wastes, human blood and paper items of a disposable nature associated with Domestic Wastewater discharges. (122) "Meter" shall mean the Water Department approved measuring device, installed for, but owned by the Water Department, which is used for the purpose of accurately recording the consumption of water used by customers. (123) "mg/L" shall mean milligrams per liter. (124) "Milestone" shall mean increments of progress in the form of dates, not to exceed nine months, and are used in compliance schedules. Milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user’s wastewater effluent. (125) "Monthly Average" shall mean the average of daily measurements over a calendar month as calculated by adding all the daily measurements taken during the calendar month and dividing that sum by the sum of the number of daily measurements taken in the calendar month. (126) "Multiple Family Dwelling Units" shall mean a structure that contains two or more dwelling units per structure (i.e., hotels, motels, Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 20 condominiums,apartments,townhouses,and live--work units that share a common wall). In addition, mobile home parks shall be considered multiple family dwelling units. (127) "National Pollutant Discharge Elimination System (NPDES) Permit" shall mean the permit(s) issued by the Regional Water Quality Control Board pursuant to Section 402 of the Act (33 U.S.C. 1342) establishing waste discharge requirements for the SBMWD WRP and RIX. (128) "National Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5. (129) "New Source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants,the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Federal Clean Water Act and amendments thereto, which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that: a.The building,structure,facility or installation is constructed at a site at which no other source is located; or b.The installation totally replaces the process or production equipment that causes the building,structure,facility or discharge of pollutants at an existing source; or c.The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 21 engaged in the same general type of activity as the existing source may be considered. (130) "Noncompliance Monitoring Program (NMP)" shall mean an Administrative Order issued to an industrial user which requires the user to submit production and flow data and complete monitoring, at a frequency determined by the Director, for all pollutants determined to be in violation of discharge limits. (131) "Non-Contact Cooling or Heating Water" shall mean any water which is used for temperature control and has no direct contact with any raw material, or intermediate or final product. (132) "Non-Domestic Wastewater" shall mean all wastewater except Domestic Wastewater, Domestic Liquid Waste, and Unpolluted Water including but not limited to wastewater resulting from industrial, manufacturing, commercial, processing, producing, governmental, educational, institutional, and agricultural operations, brine wastewater from the regeneration of water conditioning equipment, and all non-exempt truck hauled liquid wastewater. (133) "Nonpotable Water" (also called recycled or reclaimed water) shall mean water that does not meet the State of California standards for potable water and that is made available for irrigation purposes for large scale turf and landscaped areas including, but not limited to, golf courses, schools, and parks. Nonpotable water may include reclaimed or recycled wastewater, water which has been recovered from a ground water recharge/recovery facility for nonpotable use, and/or potable water which has been blended with reclaimed or recovered groundwater for capacity or water quality reasons. (134) "Nonstandard Service Connection" shall mean a service connection from a main to a parcel, which is not contiguous to the main to which the connection is made. A service will not be considered or classified as nonstandard if the parcel to be served is not adjacent to a public right-of-way and a permanent right of access with Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 22 overlapping utility easement is provided for the on-site (private) lateral. (135) "Off-site Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater or distributing potable water. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater,sludge,industrial wastewater, except sewer laterals. These public mains extend from the existing system to a development and generally remain outside the development boundaries. (136) "Oil and Grease" shall mean any of the following in part or in combination: a. b. c. Petroleum derived products, e.g., oils, fuels, lubricants, solvents, cutting oils; Vegetable derived products, e.g., oils, shortenings, water soluble cutting oils; Animal derived products,e.g.,fats, greases, oils, lard. (137) "On-site Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater or distributing potable water. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater,sludge,industrial wastewater, except sewer laterals. These public mains, which are installed specifically to provide service to developments, are generally located within the development's boundaries. (138) "Oversized Main Extension" shall mean a main larger in diameter than the minimum diameter necessary to provide a supply of water to (or conveyance development, which will be capable of meeting future demands on the Water Department's distribution system. The Water Department may of sewage from)a proposed Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 23 increase the length of an oversized main extension beyond that required to serve a particular development, in order to provide for the orderly development of the Water Department's distribution system (or sewage collection), improve water quality and/or improve system reliability. (139) "Oversized Water Facility" shall mean a facility larger than the minimum facility size necessary to provide the necessary supply of water (or the handling of sewage) to a proposed development, which will be capable of meeting future demands on the Water Department distribution system. The Water Department may increase the size of the water facility beyond that required to serve a particular development, in order to provide for the orderly development of the Water Department's distribution (or sewage collection) system, improve water quality and/or improve system reliability. (140) "Parcel Map" shall be as defined in State of California, Government Code, Sections 66444- 66450. (141) "Pass Through" shall mean any discharge which exits the WRP or RIX into receiving waters or waters of the State in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. (142) "Permit-Required Confined Space" pursuant to California Code of Regulations,Title 8, Section 5157, subsection b, and amendments thereto, shall mean a confined space that has one or more of the following characteristics: a. b. c. Contains or has a potential to contain a hazardous atmosphere; Contains a material that has the potential for engulfing an entrant; Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 24 which slopes downward and tapers to smaller cross-section; or a d.Contains any other recognized serious safety or health hazard. (143) "Permittee" shall mean any user which is issued an Industrial User, Liquid Wastehauler, or Grease Wastehauler permit. (144) "Person" shall mean any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. (145) "pH" shall mean the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, as analyzed in accordance with Approved Analytical Methods. pH represents both acidity and alkalinity on a scale ranging from 0-14 where 7 represents neutrality, values less than 7 represent acidity and values greater than 7 represent alkalinity. (146) "Point of Delivery" shall mean the location on User's property, immediately downstream of the Water Department's meter and control valve vault, and test port at the boundary of the permanent easement granted by the nonpotable water User. (147) "Pollutant" shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water.Also means any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, dirt, dust, wood product, cleaning chemicals of any kind and industrial, municipal, and agricultural waste and wastewaters. Pollutants may also include, but are not limited to, paints, oil and other automotive fluids, soil, sand, sediment, dirt, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 25 other biological materials,radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind and industrial, municipal, and agricultural waste. (148) "Pollution" shall mean the person made or person induced adverse alteration of the chemical, physical, biological, or radiological integrity of water. (149) "Potable Water" shall mean water that is treated pursuant to the Safe Drinking Water Act and meets the standards of the State of California Department of Health Services. (150) "POTW" shall mean the Publicly Owned Treatment Works and shall include the City’s Collection System, the collection system of Satellite Service Areas, the SBMWD Water Reclamation Plant, and the RIX. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of domestic municipal wastewater, sludge, or industrial wastewater, except private sewer lateral connections or house sewers. (151) "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, or in lieu of, introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution. (152) "Pretreatment Requirement"shall mean any substantive or procedural requirement related to pretreatment imposed on an Industrial User. (153) "Pretreatment Standard" shall mean any regulation containing prohibitions promulgated by EPA or the City, applicable to industrial users, including pollutant discharge limits or Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 26 promulgated Categorical Standards; National Prohibitive Discharge Standards developed pursuant to Section 307(b) of the Clean Water Act and 40 CFR 403.5, general discharge prohibitions contained in Rule and Regulation No. 26 Section 3.0; and any specific local discharge limits established by the City. (154) "Pretreatment Waste" shall mean all waste, liquid, solid, or semi-solid removed from a wastestream or discharge by physical, chemical, or biological means. (155) "Private Main" shall mean a water (or sewer) pipeline and appurtenances not owned by the Water Department. (156) "Private Sewer Lateral" shall mean the privately owned and maintained wastewater collection pipe or conduit extending from the premises where the wastewater is generated (house sewer) up to, but not including, the connection to the City’s or satellite service area’s collection system. Same meaning as "Service Lateral Line" and "Sewer Lateral". (157) "Prohibited Discharges" shall mean all discharges specified in Section 3.0 of Rule and Regulation No. 26, which are prohibited from being discharged to the POTW. (158) "Property" means a lot or parcel of land, a building or an establishment. (159) "Property Owner" shall mean any individual who is on record of title as being the owner of any parcel of land that may or may not be served by the Water Department either in the past, present, or future. (160) "Public Main", "Main", "Water Facility", or "System" shall mean a water or sewer pipeline and appurtenances which is owned by the Water Department. (161) "Public Sewer" – See "Collection System." (162) "Qualified Professional" shall mean any person who by virtue of experience, education, or training, is qualified to evaluate and assess Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 27 pollutant discharges and violations of Rule and Regulation No. 26. (163) "RCRA" shall mean the Resource Conservation and Recovery Act as contained in 40 CFR Part 260-266 and 270 and amendments thereto. (164) "Restaurant User"shall mean all retail establishments selling prepared foods and drinks for consumption on or off the premises; and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Users which provide food and drink on the premises as a subordinate service incidental to their primary operations and institutional facilities (e.g., schools, churches, jails, prisons, and juvenile halls, etc.), may also be considered restaurant users. (165) "RIX" shall mean the Rapid Infiltration and Extraction Facility, located in the City of Colton, operated exclusively by the City of San Bernardino Municipal Water Department, and owned jointly with the City of Colton through the RIX Joint Powers Authority (JPA). The RIX receives effluent from the WRP and the City of Colton’s Water Reclamation Facility that is treated to Secondary treatment limits and discharges to the Santa Ana River in compliance with NPDES Permits. (166) "Sample Location" shall mean a location approved by the Director where a representative sample of non-domestic wastewater is collected from an industrial user. (167) "Satellite collection system that is owned or operated by another entity which transmits untreated wastewater to the City’s Collection System for Service Area"–A wastewater transmission, accordance agreement. treatment, with an and disposal in interjurisdictional (168) "SBMWD" shall mean the City of San Bernardino Municipal Water Department. See also "Department" and "Water Department". (169) "Self-monitoring" shall mean wastewater samples collected by a user or the user’s contracted Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 28 laboratory, consultant, engineer, or similar entity. (170) "Service Area" shall mean the physical geographic area where water service is provided and where wastewater is generated and discharged to the POTW. (171) "Service Connection" shall mean the service lateral extending from the Department's water main, whether located in a public thoroughfare or dedicated easement, to the individual meter. This include the tapping of the water main, corporation stop together with the valves, lateral piping, fittings, meter box and meter. (172) "Service Deposit" shall mean an amount deposited with the Water Department to assure payment of water and sewer bills. (173) "Service Lateral Line" shall have the same meaning as "Private Sewer Lateral" and "Sewer Lateral.” (174) "Service Relocation" shall mean a change in location that will require tapping the existing main or a new water main at a new location, installing a new service lateral. This service will require the payment of appropriate application fees, inspection fees, installation fees and/or other charges. (175) "Sewage" means human excrement and gray water (household showers, dishwashing operations, etc.). (176) "Sewer Collection Capacity Charge" shall mean a charge paid by new development to finance capital improvements of SBMWD’s Sanitary Sewer Collection System needed to serve and accommodate new customer growth and is applied on a per EDU basis. (177) "Sewer Lateral" shall Have the same meaning as "Service Lateral Line" and "Private Sewer Lateral." (178) "Sewer Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater. This definition includes all devices, equipment, Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 29 pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater,sludge,industrial wastewater, except sewer laterals. Same as "Sewer Main Line.” (179) "Sewer Main Line" shall have the same meaning as "Sewer Main." (180) "Sewer Treatment Capacity Charge" shall mean a fee charged for new wastewater connections, or to existing connections with a change in use that may result in increased wastewater flows. The fee is established to fund wastewater treatment plant improvements that ensure treatment capacity is available and is applied on a per EDU basis. (181) "Shall" means mandatory. (182) "Significant Industrial User (SIU)" shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and amendments thereto, or any user that meets any of the following conditions: a.Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the WRP (excluding sanitary, noncontact cooling and boiler blowdown wastewater); b. c. A process wastestream discharge which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WRP; or Is designated by the Director on the basis that the user has a reasonable potential for adversely affecting the WRP or for violating any pretreatment standard or requirement. (183) "Significant Noncompliance (SNC)" shall mean any compliance violation that meets one or more of the following criteria: a.Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six (66%) percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 30 (by any magnitude) the daily maximum limit or the average limit for the same pollutant; b. Technical review criteria (TRC) violations, which are defined as those in which thirty-three(33%) percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit 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 longer-term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WRP personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD 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 an Administrative 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, ninety-day (90) compliance reports, periodic self--monitoring reports, and reports on compliance with compliance schedules; g. Failure to pay, within thirty (30) days, all applicable industrial user application, permit, and enforcement penalty fees; h. Failure to accurately report non--compliance; or Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 31 i.Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. (184) "Single Pass Non-Contact Cooling Water" shall mean water that is used solely for the purpose of cooling, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. (185) "Single Pass Non-Contact Heating Water" shall mean water that is used solely for the purpose of heating, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. (186) "Slug Discharge" shall mean any non-routine, episodic discharge of wastewater, material or waste with such a high volume or pollutant concentration which will violate any Pretreatment Standard or requirement, or cause damage to, interference with, or pass through in the collection system, WRP, or WRP sludge processes, use, or disposal. (187) "Slug Discharge Control Plan" shall mean a plan submitted by an Industrial User as required in 40 CFR 403.8(f)(2)(v) and SBMC Section 13.32.475(B), which specifies the potential pollutants used and/or stored at the User’s facility;potential pathways the pollutants may enter the POTW, and facilities and procedures for preventing or controlling the occurrence of a Slug Load Discharge to the POTW. (188) "Spent Solutions" shall mean any concentrated non-domestic wastewater,such as plating solutions or static rinses, brine wastewater from the regeneration of water conditioning equipment, which contains concentrations of pollutants, the discharge of which may cause Interference, Pass Through, or a violation of any Pretreatment Standard or requirement. (189) "Spill Containment" shall mean a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 32 materials,waste materials,chemicals,or finished products to the Storm Drain or POTW. (190) "Standard Methods" shall mean the "Standard Methods for the Examination of Water and Wastewater" 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. (191) "Storm Drain" shall mean a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pump and lift stations, parking lots, paved areas, streets, and natural water courses used to collect and direct storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basins. (192) "Storm water" shall mean water flowing or discharged as a result of rain, snow, or other precipitation. (193) "Submeter" shall mean a device that measures water consumption of an individual rental unit within a multiple family dwelling unit, multiunit residential structure, or mixed-use residential and commercial structure, and that is owned and operated by the owner of the structure or the owner’s agent. The Water Department will not own, install, maintain, read, test, or be associated in any way with the billing for submeters. (194) "Substantial Completion" shall be deemed by the Water Department Engineer in writing. (195) "Tampering" shall mean acts by persons which cause damage to, or alteration of, or the unauthorized access to Water Department property including,but not limited to,service connections, shut off valves, hydrants, mains, meters, registers, maintenance hole structures, Lift Stations and service locks. Such persons shall be responsible for payment of costs incurred and any and all prescribed by these Rules and Regulations. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 33 (196) "Temporary Industrial User" shall mean any user who is granted temporary permission by the Director to discharge wastewater to the WRP for no more than 180 days and is controlled by a Class IV Industrial User Permit. (197) "Temporary Water Service Connection" shall mean an authorized service connection installed at a location not adjacent to the parcel served, i.e., a nonstandard location, and which is subject to removal or relocation at such time as a main is constructed contiguous to the parcel or temporary water service connections for developer-installed projects and shall mean a metered backflow service to supply water through private unconveyed water facilities that have been constructed to a point of substantial completion as defined in these Rules and Regulations. (198) "Total Dissolved Solids (TDS)" shall mean the total amount of nonvolatile residue by laboratory filtration and dried at 180 degrees C. (199) "Total Suspended Solids (TSS)" shall mean the total amount of residue retained by laboratory filtration and dried at 103-105 degrees C. (200) "Total Toxic Organics (TTO)" shall mean the sum of all quantifiable values of the regulated toxic organic compounds which are found in the user’s industrial wastewater discharge. (201) "Toxic Organic Management Plan (TOMP)" shall mean a plan submitted by an Industrial User pursuant to Rule and Regulation No. 26 Subsection 4.16 which specifies the solvents and other toxic organics used and stored, the methods of delivery, storage and disposal; and the procedures for preventing or controlling the discharge of the solvents and toxic organics to the POTW or ground. (202) "Tract" shall meet all provisions of the State of California subdivision Map Act of the State of California, Government Code Sections 66410- 66424.6 and shall be as defined in Division 2, Subdivisions Chapter 2, Maps. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 34 (203) "Unpolluted Water" shall mean cooling and heating water, single pass cooling and heating water, air conditioning condensate, ice melt, condensate, groundwater,landscape irrigation,crop irrigation, rain water, and water not containing any substances limited or prohibited by effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards. (204) "Unusual Installation Conditions" shall mean circumstances that include, but are not limited to, the length of the lateral, the type of pavement, anticipated soil or other underground conditions, and the width or travel conditions of the roadway or right-of-way and also those imposed as a result of governmental or property owner actions. (205) "Upset" shall mean an exceptional incident which causes temporary and unintentional non- compliance with the discharge limitations or prohibitions applicable to a user, the WRP, or the RIX and which is beyond the reasonable control of a user, the WRP, or the RIX. (206) "User" shall mean any person, public or private, residential, governmental, industrial, educational, commercial, institutionalor which discharges or causes to be discharged, wastewater into the POTW or contracted service area. (207) "Waste" shall mean any discarded solid, semi- solid, liquid, or gaseous material. (208) "Waste Discharge Requirements (WDRs)" shall mean those requirements issued to 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 that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California as ordered by the State Water Resources Control Board in Order 2006-0003-DWQ, or amendments thereto. Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 35 (209) "Wastehauler" shall mean any person engaged in vehicular transport of domestic liquid wastes to be discharged at the POTW. (210) "Waste Manifest" shall mean the waste hauling receipt which is required to be retained on site by an industrial user for a hazardous, non--hazardous, or pretreatment waste as required by the Director. (211) "Wastewater" shall mean the liquid and water carried domestic waste or non-domestic waste from residential, governmental, commercial, educational, industrial, institutionalor facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. (212) "Water Backbone Infrastructure" consists of the following water facilities: Pump stations, booster stations,reservoirs,transmission pipelines (mains), distribution mains, or other facilities approved by the General Manager. (213) "Water Board" shall refer to the group of up to five Board members for the Water Department as established by the City of San Bernardino Charter Article VI: Section 603, Water and Wastewater. The word "Board" shall have the same meaning. (214) "Water Commitment"shall mean a written commitment from the Water Department to either provide or refuse water and/or sewer service to a specific development on a specific parcel of land. (215) "Water Department" shall mean the City of San Bernardino Municipal Water Department. See also "Department" and "SBMWD." (216) "Water Facility Oversizing Agreement" means an agreement between the Water Department and Applicant approved by the BOWC that shall establish the terms for the cost sharing due to Water Department required oversizing of water facilities.The Water Facility Oversizing Agreement can be either a standalone document or included as part of Agreement. a Developer-Installed Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 36 (217) "Water Supply" shall mean the water supply serving the area tributary to the collection system of the City or Service Area or WRP. (218) "Waters of the State" means any surface water or groundwater, including saline waters, within the boundaries of the State of California. (219) "Will Serve Letter" shall mean a written document for commitment or refusal of commitment for water and/or sewer service that may be made at the Applicant's request. (220) "Work Order" shall mean a request for work to be conducted by the Water Department. (221) "WRP" shall mean the City of San Bernardino Municipal Water Department Water Reclamation Plant. Approved by Water Board: July 27, 2021 Effective: October 15, 2021 Supersedes: N/A CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Table of Contents 1.0 ADMINISTRATIVE PROVISIONS................................. 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Findings............................................... 1 Purpose and Policy..................................... 3 Administration of Policy............................... 4 Delegation of Authority................................ 6 Authorization to Discharge............................. 6 Confidential Information............................... 6 Signatory Requirements................................. 7 Delivery of Notice..................................... 7 Invalidity............................................. 7 1.10 Interpretation......................................... 8 1.11 Publication Notice..................................... 8 2.0 GENERAL REQUIREMENTS...................................... 8 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Use of City Equipment or Facilities.................... 8 Plan Check Requirements................................ 8 Inspection Requirements................................ 9 Inspection Warrants................................... 10 Monitoring Requirements............................... 10 Noncompliance Monitoring Requirements................. 13 Reporting Requirements................................ 14 Flow Measurement Requirements......................... 15 Liquid Waste Discharge Requirements................... 15 2.10 Record Keeping........................................ 17 2.11 Written Responses..................................... 17 2.12 Compliance Extension.................................. 17 2.13 Falsifying Information................................ 17 Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page ii 3.0 DISCHARGE PROHIBITIONS................................... 18 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Point of Discharge.................................... 18 Prohibited Waste Discharges........................... 18 Liquid Waste Discharge Prohibitions................... 22 Interceptor Prohibitions.............................. 23 Prohibited Discharge of Pretreatment Waste ............ 23 Medical Waste Disposal................................ 23 Dilution Prohibited as a Substitute for Treatment ..... 24 Water Softening Prohibitions.......................... 24 Limitation on Wastewater Strength..................... 27 3.10 Local Discharge Limitations........................... 28 3.11 Federal Categorical Pretreatment Standards ............ 29 4.0 PRETREATMENT REQUIREMENTS................................ 29 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Separation of Wastewater.............................. 29 Pretreatment of Industrial Wastewater ................. 30 Pretreatment of Equipment Bypass...................... 31 Standard Interceptor Designs.......................... 31 Pretreatment Requirements for Existing Users .......... 32 Interceptor Requirements.............................. 32 Sand/Oil Interceptors................................. 34 Restaurant Requirements............................... 35 Conditional Waivers................................... 36 4.10 Interceptor Maintenance............................... 37 4.11 Silver Recovery Pretreatment Systems .................. 38 4.12 Industrial User Modifications......................... 39 4.13 Unauthorized Equipment Modifications.................. 39 4.14 Unauthorized Discharge Notification................... 39 4.15 Spill Containment Systems............................. 40 4.16 Facility Waste Management Plan........................ 41 5.0 WASTEWATER DISCHARGE PERMITS ............................. 43 5.1 5.2 5.3 5.4 General Permit Requirements........................... 43 Industrial User Permit Application Requirements ....... 43 Industrial User Permit Requirements................... 46 Liquid Wastehauler Permits............................ 48 Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page iii 5.5 5.6 5.7 5.8 5.9 Permit Duration....................................... 50 Duty to Comply........................................ 50 Permit Renewal........................................ 50 Permit Modifications.................................. 50 Permit Transfer....................................... 51 5.10 Permit Suspension or Revocation....................... 51 6.0 ENFORCEMENT NOTICES...................................... 52 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 Enforcement Response Plan (ERP)....................... 52 Administrative Violations............................. 52 Discharge Violations.................................. 53 Liquid Wastehauler Violations......................... 54 Unclassified Violations............................... 56 Public Nuisance....................................... 56 Administrative Orders................................. 56 Sewer Suspension Order (SUSP)......................... 63 Sewer Termination Order (TERM)........................ 63 6.10 Civil Penalties (CIV)................................. 64 6.11 Criminal Penalties (CRIM)............................. 68 6.12 Remedies Nonexclusive................................. 69 6.13 Damage to POTW Operation.............................. 69 6.14 Legal Action.......................................... 69 6.15 Written Appeals....................................... 70 6.16 Judicial Review....................................... 72 6.17 Judicial Collection................................... 73 7.0 CHARGES AND FEES......................................... 74 7.1 7.2 7.3 7.4 7.5 7.6 7.7 Establishment of Charges and Fees ..................... 74 Recovery of Costs..................................... 74 Connection Applications and Fees ...................... 74 Inspection Requirements............................... 74 Sewer Service Charges................................. 75 Permit Charges and Fees............................... 75 Monitoring and Inspection Charges and Fees ............ 76 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS 1.0 ADMINISTRATIVE PROVISIONS 1.1 Findings A.The wastewater facilities of the City discharge treated effluent to receiving waters, some or all of which may be deemed waters of the State. This effluent can affect the quality of the receiving waters or groundwaters. B. C. Existing federal and state laws and regulations establish limits on the nature of all effluent discharged to waterways, to the surface, or underground. The Regional Water Quality Control Board (“RWQCB”), Santa Ana Region, has established limits on the concentration of selected biological and chemical constituents of the effluent discharged by the City. These limits are set forth in orders duly adopted by the RWQCB. Likewise, the State Water Resources Control Board (“SWRCB”) has established the General Waste Discharge Requirements (WDRs)to govern the operation, maintenance, and overall management of the wastewater Collection System. D.In order to comply with the requirements contained in those orders, the City must regulate the content of wastes discharged into its Publicly Owned Treatment Works (POTW). Rule and Regulation No. 26, and the other Rules and Regulations of the SBMWD, as enforced by the San Bernardino Municipal Code and City Charter, establishes requirements for discharges into the POTW in order to enable the City to comply with the administrative provisions of the Clean Water Act Regulations, the requirements of the RWQCB and SWRCB with regard to effluent limits, Federal Pretreatment Standards, and with other criteria required or authorized by federal or state legislation. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 2 E.The San Bernardino Municipal Water Department (SBMWD) has undertaken and completed specific financial studies relating to the capital needs, as well as the operation and maintenance needs of the facilities and Collection System. F.The financial requirements of the SBMWD, as shown in the current reports prepared by Staff and Consultants, are based on current, reliable information and data relating to population projections, wastewater flow and capital infrastructure needs and are expected to be realized in each year of the report. G.The revenues derived under the provisions of this Rule and Regulation will be used for the acquisition, construction, reconstruction, maintenance and operation of the wastewater collection, wastewater treatment and disposal facilities of the SBMWD; to repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said wastewater facilities, together with costs of administration and provisions for necessary reserves. H. I. The need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. The charges established and levied by this Rule and Regulation are to allow the SBMWD to recover the costs necessary to provide wastewater collection and treatment service to individual parcels of real property which have been improved for multiple types of uses. The basis for the respective charge is the request of the owner of a parcel, for the benefit of the owner or the occupants of the property, to receive a service based upon actual use, consumption and disposal of water to the POTW in lieu of disposal by other means. J.The Collection System for the City collects and conveys wastewater from both industrial and non-industrial users to the Department’s wastewater treatment facilities, where it can be properly treated. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 3 1.2 Purpose and Policy A.Rule and Regulation No. 26 provides for the regulation of wastewater discharges in accordance with the federal government’s objectives of general pretreatment regulations as stated in Section 403.2 of Title 40 of the Code of Federal Regulations (CFR) and amendments thereto which are for the following purposes: (1) To prevent the introduction of pollutants into the POTW which will interfere with the operation of the Collection System, Water Reclamation Plant (WRP), or Rapid Infiltration and Extraction Facility (RIX), including interference with its use or disposal of municipal biosolids; (2) To prevent the introduction of pollutants into the POTW which will pass through the treatment works, inadequately treated, to the receiving waters or otherwise be compatible with such works; (3) To improve opportunities to recycle and reclaim wastewater and biosolids; (4) To enable the SBMWD to comply with its National Pollutant Discharge Elimination System (NPDES) Permit conditions, emergency discharge downstream treatment entity conditions, indirect potable groundwater discharge Permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the POTW are subjected; (5) To provide for the equitable distribution of the costs associated with the operation of the POTW; and (6) To protect and preserve the health and safety of the citizens and personnel of the SBMWD and satellite service areas. B.Rule and Regulation No. 26, and all of the SBMWD’s applicable Rules and Regulations, shall apply to all users of the POTW. This Rule and Regulation No. 26 authorizes: (1) The issuance of industrial user permits; (2) Monitoring, activities; compliance,and enforcement (3) Administrative review procedures; (4) Plan check review services; (5) User reporting requirements; (6) The establishment of fees; and Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 4 (7) The equitable distribution of costs resulting from the program established herein. C.Rules and Regulations Nos. 25 and 26, as enforced by City Charter Section 603 and San Bernardino Municipal Code 2.28.010, provide the SBMWD with the legal authority required by the State Water Resources Control Board’s Statewide General Waste Discharge Requirements for Wastewater Collection Agencies. The City, through the SBMWD, possesses the legal authority to: (1) Prevent illicit discharges into its sanitary sewer system (examples may include Inflow/Infiltration, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); (2) Require that all sewers, including private lateral lines and connections, be properly designed and constructed; (3) Limit the discharge of fats, oils, grease and other debris that may cause blockages; (4) Enforce any violation of its sewer ordinances 1.3 Administration of Policy A. ADOPTION OF INTERPRETIVE RULES The Rules and Regulations adopted herein pertain to, but are not limited to, discharge limitations, pretreatment requirements, standards for wastewater lines (private sewer laterals, sewer mains, and lift stations) and services and implementation of standards promulgated pursuant to the Federal Water Pollution Control Act as amended by the Clean Water Act and further amendments thereto or the State Water Resources Control Board General Waste Discharge Requirements. B.GENERAL POWERS OF THE DIRECTOR Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of thethe Rules and Regulations. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons acting in the beneficial interest or employ of the SBMWD, but shall remain the responsibility of the Director. In addition to the authority to prevent or eliminate discharges through enforcement of discharge limitations and prohibitions, the Director shall have the authority to respond to the following: Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 5 (1) Endangerment to the health or welfare of the community. The Director, after informal notice to the affected user, may immediately and effectively halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto (satellite service area), by any means available,including physical disconnection from the collection system, whenever the discharge reasonably appears to present an imminent endangerment to the health or welfare of the community; (2) Endangerment to the environment or the POTW. The Director, after written order to the user, may halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto, by any means available, including physical disconnection from the collection system, whenever such discharge presents or may present an imminent and substantial endangerment to the environment or threatens to damage or interfere with the operation of the POTW; and (3) The discharges referred to in subdivisions 1 and 2 above may be halted or prevented without regard to the compliance of the user with other provisions of Rule and Regulation No. 26. C.SPECIFIC POWERS OF THE DIRECTOR If wastewater containing any pollutant in excess of discharge limitations as specified in Rule and Regulation No. 26, is discharged or proposed to be discharged into the collection system of the City or any collection system tributary thereto (satellite service area), the Director may take any action necessary to: (1) Prohibit the discharge of such wastewater; (2) Require the person discharging to demonstrate that in-plant modifications will reduce or eliminate the pollutant or substance so that the discharge will not violate Rule and Regulation No. 26; (3) Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the pollutants or substance so that the discharge will not violate Rule and Regulation No. 26; (4) Require the person making, causing or allowing the discharge to pay any required industrial user permit fees, inspection fees and any additional Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 6 cost or expense incurred by the SBMWD for handling, treating or disposing of excess pollutant loads imposed on its POTW, including any fines, penalties or legal expenses including attorneys’ fees payable by the City associated with alleged or actual violations of the SBMWD NPDES Permit(s) attributed to the person’s discharge; (5) Obtain timely and factual reports from the person responsible for such discharge; and (6) Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of RuleRule and Regulation No. 26. 1.4 Delegation of Authority All power and authority granted to the Director may be delegated by the Director to any person so authorized. 1.5 Authorization to Discharge It shall be unlawful for any user to commence, significantly increase, or substantially change the quantity or quality of wastewater discharged to the WRP without the express written consent of the Director. 1.6 Confidential Information All user information and data on file with the SBMWD shall be made available to the public and governmental agencies without restriction unless the user specifically claims the information to be confidential and is able to demonstrate to the satisfaction of the SBMWD that the release of such information would divulge proprietary information or trade secrets. Any such claim must be asserted when the information is submitted to the SBMWD by placing the words “Confidential Business Information”on each page containing such information. If no claim is made at the time of submission, the SBMWD may make the information available to the public without further notification to the user. All sample data obtained by either the user or the SBMWD shall not be considered confidential information. All production related information used to calculate mass based discharge limitations or required for the development of an industrial user permit shall not be considered confidential information. Confidential information may be made available, upon request, to governmental agencies for enforcement or judicial purposes related to Rule and Regulation No. 26, the NPDES Permit or Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 7 the pretreatment program, and as required by federal or state law. 1.7 Signatory Requirements All monitoring reports, permit applications, and other information as required by the Director shall contain the following certification statement signed by an authorized representative of the industrial user or a designee so authorized: “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.” 1.8 Delivery of Notice Any notice, order or requirement issued by the Director to a user determined to be in violation of the conditions or requirements specified in Rule and Regulation No. 26, the Industrial User Permit, or Discharge Limitations shall be deemed served if delivered to the user as follows: A. Correctly addressed, postage pre-paid and deposited in the United States mail, to the address on file for the user; B. Hand delivered to the user or authorized representative or designated contact of the user, at the address on file for the user; and C. Shall be deemed received on the date personally delivered or on the third (3rd) day after deposit in the United States mail as provided in this Section. 1.9 Invalidity If any provision of Rule and Regulation No. 26 or the application of any condition or requirement upon any user is determined to be invalid, the remainder of Chapter Rule and Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 8 Regulation No.26 or the application of remaining requirements or condition shall not be affected. 1.10 Interpretation All the provisions of Rule and Regulation No. 26 are to be reasonably interpreted. The intent is to recognize there are varying degrees of hazard to the POTW, the WRP sludge, personnel, surface and subsurface waters, environment and the public, and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. 1.11 Publication Notice The names of all significant industrial users which are found to be in significant noncompliance with Rule and Regulation No. 26 shall be published at least annually in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, in accordance with 40 CFR 403.8(f)(2)(vii). 2.0 GENERAL REQUIREMENTS 2.1 Use of City Equipment or Facilities A. B. No person or user shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment, or appurtenance which is part of the City’s POTW without prior written approval by the Director. Any person or user who discharges or causes the discharge of any wastewater or pollutant which causes detrimental effects on the POTW, sludge, or any other damages, including the imposition of fines by federal, state, or other regulatory agencies against the City, shall be liable to the City for all damages and costs incurred by the City, including administrative expenses, and fines imposed on the City by any federal, state, or other regulatory agencies. An administrative fee, established by resolution of the Board, shall be included with these charges to cover administrative costs associated with these charges. 2.2 Plan Check Requirements A. All industrial users who request authorization to connect to the POTW and all existing industrial users Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 9 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 required by the Director. The Director shall review the required information and notify the user of any pretreatment requirements. Compliance with the requirements specified by the Director is required before the SBMWD will release the project to the Building Department. The project must be released by the Director before the Building Department will issue a building permit authorizing construction for the project. A Stop Work Order may be issued for any construction projects which have not been issued the required building permit. All industrial users shall comply with all rules and regulations of this Chapter before a Certificate of Occupancy is issued. B.All industrial users are required to notify the SBMWD during the construction phase of the project in order to conduct onsite inspections of the project. The SBMWD is required to sign off the Building Department job card for underground plumbing and final plumbing of any required pretreatment equipment. All plumbing and pretreatment equipment are required to be exposed during the underground and final plumbing inspections. The industrial user may be required to expose any plumbing or pretreatment equipment which are not visible during the underground and final plumbing inspections. Failure to notify the SBMWD and obtain the necessary onsite inspections and job card signatures may delay the issuance of a Certificate of Occupancy by the Building Department. 2.3 Inspection Requirements A.The Director shall inspect the facilities of any user to ascertain whether all requirements of Rule and Regulation No. 26 are being met. Persons on the premises shall allow the Director ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. B.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 Director during the inspection. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 10 C. D. The user shall provide immediate access when an emergency exists. 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. E. F. No user shall interfere with, delay, resist or refuse entrance to the Director when attempting to inspect any facility which discharges wastewater to the POTW. 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 Director will be permitted to enter, without delay. G.The user shall make available for copying by the Director, all records required to be kept under the provisions of Rule and Regulation No. 26. 2.4 Inspection Warrants If the Director has been refused access to a building, structure, or property, or any part, and is able to demonstrate cause that there may be a violation of Rule and Regulation No. 26, or that there is a need to inspect or monitor the user’s facilities to verify compliance with Rule and Regulation No. 26 or any permit or order issued hereunder, or to protect the public health, environment, and the safety and welfare of the community, then the Director may seek issuance of an inspection warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure and amendments thereto. However, in the event of an emergency affecting the public health or safety, an inspection or monitoring may be performed without consent or the issuance of a warrant. 2.5 Monitoring Requirements A.As required by the Director, any user discharging industrial wastewater to the POTW may be required to install monitoring equipment to measure the quality and Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 11 quantity of wastewater discharged. The monitoring equipment may include but is not limited to: wastewater sampling equipment, flow meters and recorders, pH meters and recorders, electrical conductivity meters and recorders, and process water meters. B.The monitoring equipment shall be provided by the user in compliance with Rule and Regulation No. 26 and all applicable building, plumbing, and construction codes. The Director may require the monitoring equipment have a security closure that can be locked by the SBMWD during any monitoring activities. The installation of any required monitoring equipment shall be completed within a reasonable time frame as required in written notification from the Director. C. D. The Director shall have the right to temporarily install upon the user’s property such devices as are necessary to conduct wastewater monitoring or metering operations. No user shall interfere with, delay, resist, or refuse entrance to authorized City personnel attempting to install wastewater monitoring equipment on the user’s property. Any permanent or temporary obstruction which prevents access to the monitoring equipment shall be immediately removed by the user or property owner at the written or verbal request of the Director and shall not be replaced. E. F. Any required monitoring equipment shall be maintained by the user for continuous monitoring and metering. The monitoring equipment shall be calibrated by the user as often as necessary to ensure accurate measurements according to manufacturer’s specifications.All maintenance and calibration work shall be performed at the user’s expense. The user shall report any monitoring equipment failure to the Director within twenty-four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit, or hand delivered notification, to the SBMWD. The user shall submit a written report to the Director documenting the cause of the failure and the corrective actions to be completed within five (5) business days after the user discovers the equipment failure. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 12 G. H. All monitoring shall be completed at the time, place, and frequency as specified by the Director. Samples for pH, cyanide, total phenols, oil/grease, sulfide, and volatile organics shall be analyzed from grab samples. The Director may elect to collect either a twenty-four (24) hour composite sample comprised of discrete time or flow proportioned samples or a grab sample, as appropriate, for all other pollutants. I. J. Any wastewater samples collected from a sampling location approved by the Director shall be considered representative of the wastewater discharged from the user to the POTW. All users who request permission to conduct their own wastewater sampling shall submit a written wastewater monitoring plan describing the sample collection methods, equipment used, equipment cleaning practices, employee training, sample preservation methods, and chain of custody procedures. The monitoring plan shall be approved by the Director prior to the implementation of the plan. Any sample(s) collected by a user without an approved plan shall be considered invalid. K. L. All users that are required to self-monitor shall have all samples collected according to 40 CFR 403.12(b)(5)(i-vii) specifications and analyzed by a laboratory certified by the State of California, Environmental Laboratory Accreditation Program to complete the specific pollutant analyses. All users that are required to self-monitor shall submit all reporting forms, required by the Director, that include the following information and documents: (1) The date, exact place, time, and methods of sampling or measurements, and sample preservation techniques or procedures; (2) Who performed the sampling or measurements; (3) The date(s) analyses were performed; (4) Beginning and ending flow meter readings which correspond to the time period of the twenty-four (24) hour composite sample; (5) Who performed the analyses; (6) The analytical techniques or methods used; (7) The results of such analyses; and (8) The reporting limits for each pollutant Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 13 M.All users that are required to self-monitor shall submit a copy of the sample analysis and all required reporting forms within the time frame established by the Director. All sample analysis reports which include discharge violations shall be reported to the Director within twenty-four (24) hours of becoming aware of the violation. The results of the required resample and correspondence which includes a possible explanation for the violation(s) shall be submitted to the Director within thirty (30) days after the user is aware of the initial violation.Failure to report pollutant violations as stated shall constitute a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. 2.6 Noncompliance Monitoring Requirements A.Noncompliance with any concentration or mass based discharge limit specified in this Rule and Regulation or the User’s Permit may be determined by an analysis of a grab or composite sample collected from a designated sample location and shall constitute a violation of Rule and Regulation No. 26. B.As required by the Director, a wastewater resample shall be collected and analyzed for all pollutants in noncompliance with discharge limits. The resample is separate and independent of any wastewater monitoring performed by the SBMWD. All resamples shall be collected according to 40 CFR 403.12(b)(5)(i-vii) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses. The analysis of all wastewater resamples collected by a user shall be submitted with all required reporting forms to the Director no later than thirty (30) days after the SBMWD has informed the user of the initial violation or the user becomes aware of the violation. Failure to submit the laboratory results within the thirty (30) day requirement shall constitute a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. C.As required by the Director, a Noncompliance Monitoring Program (NMP) shall be completed by a user for any wastewater resamples which are determined to be in noncompliance with discharge limits. The NMP requires Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 14 the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits.Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. 2.7 Reporting Requirements A.All industrial users shall submit self-monitoring reports, as required by the Director, which identify the characteristics of the industrial wastewater discharged to the POTW. The self-monitoring reports shall be used to determine compliance with the conditions and discharge requirements specified in Rule and Regulation No. 26, the industrial user permit, and federal and state regulations. Reports which may be required include: (1) Baseline Monitoring Reports (2) Compliance Schedule Progress Reports (3) Ninety (90) day Compliance Reports (4) Periodic Reports on continued Compliance (5) Other reports as required by the Director B. C. The monitoring frequency and pollutants required to be analyzed shall be specified by the Director in the Industrial User permit issued to the user. All monitoring performed by the industrial user in addition to any required monitoring, including any splits of samples collected by the SBMWD, shall be submitted to the Director upon receipt of the sample analysis. D. E. All costs associated with the collection and analysis of the required monitoring and the submittal of all required reports shall be the responsibility of the industrial user. Failure to complete any required monitoring or failure to submit any required reports shall be a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 15 2.8 Flow Measurement Requirements A.Any industrial user who discharges a daily average of twenty-five thousand (25,000) gallons per day or more of industrial wastewater, is designated as an Industrial Rate facility for sewer billing purposes, or any other industrial user as required by the Director, shall install a continuous monitoring flow or water meter approved by the Director, which is capable of measuring the volume of industrial wastewater discharged from the industrial user to the POTW. The readings collected from the flow or water meter shall be used to calculate the permitted daily average and daily maximum flows. Daily readings which exceed the daily maximum shall be reviewed by the Director. Continuous daily discharge readings which deviate more than 20% from the daily average permitted flow shall require the industrial user to purchase additional sewer capacity to meet the expected daily discharge. Upon purchase of additional sewer capacity, the permitted flow will be revised accordingly. B.The user shall record daily flow or water meter readings, as specified by the Director, on an approved log sheet. As required by the Director, monthly flow or water meter records shall be submitted to the SBMWD by the fifth (5th) calendar day of each month for the preceding month. The flow or water meter shall conform to standards issued by the Director and shall be equipped with a non- resetting flow totalizer. All flow and water meters shall be calibrated at least annually to ensure the accuracy of the actual flow. All industrial users shall post the type, size, totalizer units, and flow multipliers for any flow or water meters used to measure the volume of wastewater discharged from the user. 2.9 Liquid Waste Discharge Requirements A.Only domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other similar receptacles approved by the Director, that contain no industrial waste, shall be disposed at the designated WRP disposal site. B.The WRP disposal site is the only designated disposal site for liquid wastehaulers who have been issued a liquid wastehauler permit by the SBMWD. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 16 C.A liquid waste manifest form shall be completed and signed by a permitted liquid wastehauler for each load to be dumped at the WRP disposal site. The manifest shall include documentation identifying the origin of the hauled wastes. The origin of the hauled wastes requires the physical address where the wastes were originally generated and does not include the address of any temporary storage location. The liquid waste manifest shall be reviewed and signed by an authorized SBMWD employee before any load is approved to be discharged at the designated WRP disposal site. D.Domestic liquid wastes disposed at the designated WRP disposal site shall be subject to inspection, sampling and analysis to determine compliance with all applicable provisions of Rule and Regulation No. 26. Authorized personnel of the SBMWD shall perform or supervise such inspection, sampling and analysis at any time during the delivery of the domestic liquid waste, including prior to the discharge of the domestic liquid waste by the liquid wastehauler. If the WRP finds the wastes do not comply with the requirements of Rule and Regulation No. 26 or liquid wastehauler permit, the liquid wastehauler shall pay the WRP for all costs associated with such inspection, sampling, and analysis, and any other fees, charges or penalties assessed by the Director. E. F. G. If the WRP determines the wastes hauled by the liquid wastehauler to be or contain hazardous substances, the liquid wastehauler shall remain at the WRP until the liquid wastehauler transfers the hazardous substances to a wastehauler properly licensed to transport and dispose of such hazardous substances. Any liquid wastehauler providing false information to the SBMWD in any permit application, hauler’s report or manifest, or correspondence shall be in violation of Rule and Regulation No. 26 and may be subject to enforcement action including permit suspension or revocation. Any liquid wastehauler that hauls both industrial wastes and domestic wastes shall remove all industrial waste contamination from the interior of the vacuum tank prior to loading any domestic liquid wastes into such tank. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 17 H.If the wastes hauled by a liquid wastehauler are found unacceptable for discharge into the WRP, the liquid wastehauler shall dispose of the wastes at a legal disposal site. The liquid wastehauler shall provide the SBMWD with a copy of the manifest documenting the legal disposal of the rejected wastes within fourteen (14) calendar days from the date the wastes were rejected by the SBMWD. 2.10 Record Keeping All industrial users shall keep records of all waste hauling, pretreatment equipment maintenance reports, monitoring equipment recording charts and calibration reports, effluent flow or water meter records, sample analysis data, and any other information required by the Director, on the site of the wastewater generation. All records are subject to inspection by Director and shall be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three (3) years. The record retention period may be extended beyond three (3) years in the event enforcement proceedings have been initiated against the user or an extensive history of the industrial user is required. 2.11 Written Responses All users required by the Director to provide a written response to any correspondence, order, or notice shall do so by the date specified. 2.12 Compliance Extension Any time limit or due date required in any report, written notice or any provision of this Rule and Regulation may be extended only upon a showing of good cause by the user and a written extension by the Director. 2.13 Falsifying Information Any user who knowingly or certification makes any false in any statement, record,representation, correspondence, or other document submitted or required to be maintained by the Director shall be in violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 18 3.0 DISCHARGE PROHIBITIONS 3.1 Point of Discharge No person or user shall discharge any wastewater directly into a maintenance hole or other opening in the collection system other than through an approved private sewer lateral connection, unless written permission for the discharge has been granted by the Director. This prohibition shall not apply to authorized SBMWD, City, or contract city personnel involved with the maintenance, cleaning, repair, or inspection of the collection system. 3.2 Prohibited Waste Discharges Except as hereinafter provided, no person or user shall discharge or cause to be discharged into the POTW, or any opening, sump, tank, clarifier, piping or waste treatment system, which drains or flows into the POTW, any of the following: A.Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust, gravel, plaster, concrete, glass, metal filings, or metal or plastic objects, garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, feathers, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing fuel or lubrication oil and similar substances, or solid, semi-solid or viscous material in quantities or volume which will obstruct the flow of sewage in the collection system or any object which will cause clogging of a sewer or sewage lift pump, or interfere with the normal operation of the POTW. B. C. Any compound which will produce noxious odors in the sewer or wastewater treatment facilities. Any recognizable portions of human or animal anatomy or Hydrolysate, wastes or wastewater resulting from Hydrolysis either directly or indirectly into the POTW. D.Any solids, liquids, gases, devices, or explosives which by their very nature or quantity are or may be, sufficient either alone or by interaction with other substances or sewage to cause fire or explosion hazards, Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 19 exceed ten (10) percent of the LEL at the point of discharge or in the collection system, or in any other way create imminent danger to SBMWD or City personnel, the POTW, the environment or public health. E. F. Any wastewater or material with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius using the test methods specified in 40 CFR 261.21 and amendments thereto. 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 seepage pit, except as may be permitted by the Director. G. H. Any discharge from any wastewater holding tank of a recreational vehicle, trailer, bus and other vehicle, except as may be permitted by the Director. Any storm water, groundwater, well water, street drainage, subsurface drainage, roof drainage, yard drainage or runoff from any field, driveway or street. The Director may temporarily approve the discharge of such waters, in addition to unpolluted water from the SBMWD geothermal facility, to the POTW, when no reasonable alternative method of discharge is available, subject to the payment of all applicable User charges and fees by the discharger. Water from swimming pools, wading pools, spas, whirlpools, and therapeutic pools may be discharged to the POTW between the hours of 8:00 pm and 6:00 am, unless specifically prohibited by the Director. I. J. Any substance or heat in amounts that will inhibit biological activity in the POTW resulting in interference or which will cause the temperature of the sewage in any public sewer to be higher than one hundred forty (140) degrees Fahrenheit. In no case shall any substance or heat be discharged to the sewer that will raise the WRP influent higher than one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). Any radioactive waste in excess of federal, state or county regulations. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 20 K.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 WRP, 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 any SBMWD NPDES permit. L. M. Any quantities of herbicides, algaecides, or pesticides in excess of the local or national categorical discharge standards. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in excess of local discharge limits or national pretreatment standards. N. O. Any material or quantity of material(s) which will cause abnormal sulfide generation. Any wastewater having a corrosive property capable of causing damage to the POTW, equipment, or structures, or harm to SBMWD or City personnel. However, in no case shall wastewater be discharged to the POTW with a pH below 5.0, or greater than 11.0, or which will change the influent pH of the WRP to below 6.5 or above 8.0. P. Q. Any substance that will cause discoloration of the WRP effluent. Any unpolluted water, including cooling water, heating water, storm water, subsurface water, single pass cooling water, and single pass heating water. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees. R.Any substance which may cause the WRP effluent or any other product such as residues, sludge, or scums to be unsuitable for reclamation or reuse or which will Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 21 interfere with any of the reclamation processes. This includes any material which will cause the sludge at the WRP to violate applicable sludge use or disposal regulations developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 USCA, Section 6901 et seq.; Clean Air Act, 42 USCA, Section 7401 et seq.; Toxic Substance Control Act, 15 USCA, Section 2601 et seq., or any other applicable state regulations, and amendments to these Acts or regulations. S.Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the WRP. T. U. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. Any hazardous substance which violates the objectives of the General Pretreatment Regulations (40 CFR 403), or any statute, rule, regulation or chapter of any public agency having jurisdiction over said discharge, and amendments thereto. V. W. Any discharge from any groundwater remediation projects, except as may be permitted by the Director. Any slug loads from raw materials, finished products, 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 processes above permitted limits, and any other tank or vessel containing a material which would exceed permitted discharge limits. X.Any radiator fluid or coolant, cutting oil, water soluble cutting oil, or water-based solvent. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 22 Y. Z. Any photo processing waste from developing or fixing solutions or rinse waters that are not in compliance with the discharge limits specified in this Rule and Regulation. Any Toxic Organics in amounts which are determined to be toxic to the maintenance or operation of the POTW. The SBMWD may require the submittal of a Toxic Organic Management Plan (TOMP) from any user determined to discharge Toxic Organics above detection limits. 3.3 Liquid Waste Discharge Prohibitions A.Liquid wastehaulers shall not discharge or cause to be discharged any hazardous material or hazardous waste, as defined by RCRA, to the designated WRP disposal site. B.Liquid wastehaulers shall not discharge any industrial wastewater into the designated WRP disposal site, POTW or the collection system of a service area which receives sewer service from the City. C. D. Liquid wastehaulers shall not mix industrial wastewater and domestic liquid wastes in an attempt to discharge the mixture to the designated WRP disposal site. Liquid wastehaulers shall not mix or dilute any rejected load with another load in order to achieve compliance with Rule and Regulation No. 2626 or liquid wastehauler permit. E. F. Liquid wastehaulers shall not dispose of any rejected load into any septic tank, cesspool, seepage pit or similar devices, any grease interceptor or trap, any storm drain, or any collection system opening except as authorized by the Director. Liquid wastehaulers shall not discharge or cause to be discharged any domestic liquid wastes that originate outside the Service Area provided wastewater and/or potable water service by the SBMWD. The Director may permit the discharge of domestic liquid waste from outside the service area, provided it is included as a part of domestic liquid waste that originated from within the SBMWD Service Area. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 23 3.4 Interceptor Prohibitions The use of any biological or chemical products or other materials designed to metabolize, emulsify, suspend, or dissolve oil and grease within any sand/oil or oil/grease interceptor is prohibited, pending a formal review by the Director, to confirm use of the product will not contribute to obstruction or operational difficulties in the POTW. 3.5 Prohibited Discharge of Pretreatment Waste No person shall discharge any waste removed from any pretreatment equipment, systems, or devices into any sewer or storm drain opening or any drains or other openings leading to any sewer or storm drain or to the ground without authorization and permits from the regulatory agency having jurisdiction over the discharge of such waste. All waste removed from pretreatment equipment shall be disposed of in accordance with all applicable federal, state, county, and local laws and regulations. 3.6 Medical Waste Disposal A.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 Director. The request shall be submitted to the Director 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. B. C. If the Director believes that the waste would not be adequately disinfected, the Director shall issue a written denial to the user and state the reasons for the denial. This denial shall be issued within thirty (30) days from receipt of the written request. If the Director 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. A letter of approval shall be sent to the user within thirty (30) days of receipt of the written request. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 24 D.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 as outlined in the approval letter; (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. E.As authorized by the Director, wastewater generated from medically required lifesaving operations, including but not limited to dialysis facilities, may be approved for disposal to the POTW. 3.7 Dilution Prohibited as a Substitute for Treatment No industrial user shall increase the use of water, or in any other manner, attempt to dilute a wastewater discharge as a partial or complete substitute for adequate treatment to achieve compliance with Rule and Regulation No. 26 and the user’s permit, or to establish an artificially high flow rate for permitted mass emission rates or permitted flow amounts. 3.8 Water Softening Prohibitions A.No industrial user shall install, replace, enlarge, or use any apparatus 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 apparatus is in compliance with the following conditions: (1) The brine solutions generated during the backwash cycles of the water softener shall be segregated from the fresh water rinses for disposal to a legal brine disposal site; (2) 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 Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 25 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 concentrations established in the local discharge limitations specified in this Rule and Regulation; and (3) The industrial user shall maintain the electrical conductivity controlled discharge valve in proper operating condition at all times. The industrial user shall notify the Director 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 Director, within five (5) business days after discovery of the electrical conductivity valve failure. B.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: (1) The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where such appliance is used; or (2) 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: a.The appliance activates regeneration by demand control; b.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 (3,350) 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 Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 26 efficiency rating of no less than four thousand (4,000) grains of hardness removed per pound of salt used in generation; c. 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: i. Faucet flow restrictors. ii. Shower head restrictors. iii. Toilet reservoir dams. iv. 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. (3) The certification required under subsection B of this Section 3.8 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: a. Name and address of homeowner; b. 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. c. Manufacturer of the water-saving devices installed, model number, and number installed; and Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 27 d.Name, address, and the specialty contractor’s license number of the C-55 and C-36 licensee making the certification. (4) Any person installing or operating a water conditioning apparatus of any kind shall make such apparatus accessible to the Director for inspection at reasonable times. (5) Notwithstanding subdivision 2 of subsection B of this Section 3.8, the SBMWD may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the POTW if the Director makes all of the following findings: a. b. The WRP is not in compliance with the discharge or water reclamation requirements specified in the NPDES permit issued by the Regional Water Quality Control Board; Limiting the availability, or prohibiting the installation, of the appliances is the only available means of achieving compliance with waste discharge requirements issued by the Regional Board; and c.All nonresidential sources are limited to the volumes and concentrations of saline discharges to the POTW to the extent technologically and economically feasible. 3.9 Limitation on Wastewater Strength No user shall discharge industrial wastewater to the POTW unless the wastewater conforms to the limitations and requirements of Rule and Regulation No. 26. Discharge limitations shall be revised as needed to ensure compliance of the WRP effluent and bio-solids reuse in compliance with the SBMWD NPDES Permit. For Categorical Users, the SBMWD may exercise one or more of the following options: A.Where a categorical pretreatment standard is expressed in terms of either mass or concentration of a pollutant, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c)(1-5) and amendments thereto; B.When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula; and Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 28 C.A variance from a categorical pretreatment standard may be issued if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and amendments thereto, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard. 3.10 Local Discharge Limitations As required by the Director, all users shall comply with the Local Discharge Limits as set forth in the Industrial User Local Discharge Limitation Table and Wastehauler Discharge Limitation Table. The pollutant discharge limits included in the Wastehauler Discharge Table are applicable to all septic and chemical toilet waste disposed at the WRP septic receiving station. All Categorical Industrial Users shall be required to meet the more stringent of Local Discharge Limits and the specific Categorical Pretreatment Standards. INDUSTRIAL USER LOCAL DISCHARGE LIMITATION TABLE [Daily Maximum Discharge Limit] CONSTITUENT MILLIGRAMS/LITER Arsenic Boron Cadmium Chloride Chromium (Total) Copper Cyanide Fluoride Lead Mercury Nickel Phenol Silver Sodium Sulfate Zinc 0.9 1.0 0.2 990 2.3 7.4 1.5 3.8 2.2 0.1 2.3 2.13 2.5 495 382 8.4 Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 29 WASTEHAULER DISCHARGE LIMITATION WASTE [Daily Maximum Discharge Limit] CONSTITUENT MILLIGRAMS/LITER Arsenic Cadmium Chromium (total) Copper Lead Nickel 0.9 0.3 2.3 15.0 4.0 2.3 31.0Zinc 3.11 Federal Categorical Pretreatment Standards The Federal Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and amendments thereto are hereby incorporated into Rule and Regulation No. 26 by reference. Where duplication of the same pollutant limitation exists, the limitation that is more stringent shall prevail. Compliance with Federal Categorical Pretreatment Standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be achieved within three (3) years following promulgation of the standards unless a shorter compliance time is specified in the standards or by the Director. New sources shall have all required pretreatment equipment, which is necessary to meet applicable pretreatment standards, installed and operating before beginning any discharge. New sources must meet all applicable pretreatment standards within the shortest feasible time, not to exceed ninety (90) days. 4.0 PRETREATMENT REQUIREMENTS 4.1 Separation of Wastewater Any user who discharges industrial wastewater to the POTW shall keep domestic wastewater separate from all industrial wastewater until the industrial wastewater has passed through all required pretreatment and monitoring equipment or devices. For existing Categorical Industrial Users that cannot separate the domestic wastes from the industrial wastes prior to the permitted sample location, the combined waste stream formula shall be applied to determine applicable discharge limitations. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 30 4.2 Pretreatment of Industrial Wastewater All industrial users shall: A.Provide wastewater pretreatment, as required, to comply with Rule and Regulation No. 26; B.Achieve compliance with all applicable Federal Categorical Pretreatment Standards, as contained in 40 CFR Chapter I, Subchapter N and amendments thereto, and local limits, whichever are more stringent, within the time limitations as specified by the Director or Federal Pretreatment Regulations; C. D. Provide, operate, and maintain all necessary equipment, systems, and devices, as required by the Director, at the user’s expense; Provide detailed plans to the Director for review and approval indicating the pretreatment equipment, systems, devices and operating procedures before the beginning of any construction or installation of any equipment. The review of such plans and operating procedures shall not relieve the user from the responsibility of pretreating wastewater to produce an effluent acceptable to the Director under the provisions of Rule and Regulation No. 26; E. F. No user shall install pretreatment equipment, systems or devices in a confined space or a permit required confined space; Whenever deemed necessary, the Director may require users to restrict their wastewater discharge, relocate and/or consolidate points of discharge, separate domestic waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the users' compliance with the requirements of Rule and Regulation No. 26; and G.Notify the Director of any pretreatment equipment failure within twenty-four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit or hand delivered notification, to the SBMWD. A written report documenting the cause of the failure and the corrective actions completed shall be Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 31 submitted to the Director, within five (5) business days after discovery of the pretreatment equipment failure. 4.3 Pretreatment of Equipment Bypass A.No user shall bypass any pretreatment equipment or device unless the bypass: (i) is necessary to prevent loss of life, personal injury or severe property damage, is not necessitated by some fault of the user, and is the only feasible alternative; or (ii) is necessary to perform essential maintenance ensuring adequate operation of the pretreatment equipment or device and does not cause a violation of applicable discharge limits. B.All users shall comply with the following bypass notification requirements: (1) Anticipated bypass: The user shall submit a written notice to the Director at least ten (10) business days before the date of the scheduled bypass; or (2) Unanticipated bypass: The user shall notify the Director within twenty-four (24) hours upon learning that any pretreatment equipment or device has been bypassed. The user shall submit a written report to the Director within five (5) business days after the bypass. (3) All bypass reports shall include: a.A description of the bypass, including the volume and duration; b. c. If the bypass was corrected; and Actions completed or proposed to prevent a recurrence of the bypass. 4.4 Standard Interceptor Designs The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in Rule and Regulation No. 26 shall not subject the City to any liability for the adequacy of the interceptor under actual conditions of use. The user and property owner shall not be relieved of the responsibility of preventing the discharge of industrial wastewater to the POTW which exceeds permitted discharge limits or causes undue maintenance of the POTW. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 32 4.5 Pretreatment Requirements for Existing Users All existing industrial users which do not have adequate pretreatment shall be required to install pretreatment equipment, as specified by the Director, to meet the required local discharge limits specified herein, under the following conditions: A.The user has been determined to cause or contribute to an increase in the frequency of sewer line maintenance cleaning or repairs. B. C. D. The user has been determined to cause or contribute to sewer line blockages or Sanitary Sewer Overflows. The user has sold or transferred operation of the facility to a new user or operator. The user has completed any changes to the following: (1) A significant interior plumbing modification; (2) A significant increase in seating capacity; (3) A significant increase in operating hours; (4) A significant change in the type of food prepared at the facility; (5) A significant change in the maximum meals served per peak hour; (6) A significant change in the type of equipment used; (7) Any other changes which result in a significant change to the quantity or quality of the wastewater discharged. 4.6 Interceptor Requirements All interceptors required to be installed must be approved by the Director prior to installation. All users required to install an interceptor shall comply with the following conditions: A. B. The interceptor shall be watertight, structurally sound, durable and have a minimum of two (2) chambers with a separate ring and cover for each chamber, unless otherwise approved by the Director, to ensure adequate cleaning capabilities. All rings shall be affixed to the interceptor to ensure a gas and watertight seal. All interceptor chambers shall be immediately accessible at all times for the purpose of inspection, sampling, Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 33 cleaning, and maintenance. At no time shall any material, debris, obstacles or other obstructions be placed in such a manner that will prevent immediate access to the interceptor. C. D. Any interceptor legally and properly installed before the effective date of Rule and Regulation No. 26 shall be acceptable as an alternative to the current interceptor requirements provided the interceptor is effective in removing floatable and settleable material and is accessible for inspection, sampling, cleaning, and maintenance. All drains, openings and service lateral lines connected to an approved interceptor shall be kept free from any obstructions or restrictions to wastewater discharge. All drains and openings connected to an approved interceptor shall be equipped with screens or devices which will prevent all material and particles with a cubic dimension greater than three-eighths (3/8) of an inch from being discharged to the POTW. E.All interceptors shall be equipped with an influent tee extending no more than twelve (12) inches below the operating fluid level of the interceptor.The interceptor shall also have tees extending to within twelve (12) inches of the bottom at the exit side of each interceptor chamber, including the final chamber. The Director shall review and either approve or deny any alternate manufacturers engineered interceptor designs contrary to standard requirements. F. G. H. I. All interceptors shall be equipped with a sample box as required by the Director. No user shall install or use any elbows or tees in any interceptor sample box. No user shall install any interceptor or sample box in a confined space or a permit required confined space. If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining floatable and settleable material in the wastewater, is structurally inadequate, or is undersized for the facility, the Director shall reject such interceptor and declare that the interceptor does Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 34 not meet the requirements of this Section. The user shall be required to install, at the user’s expense, an interceptor that is acceptable to the Director. J.No user shall abandon, seal, fill, or in any other way bypass an existing interceptor or grease trap unless prior approval has been requested and granted by the Director. The approval of the Director shall require the user to propose and receive approval from the Director for the proper disposal of any wastes or industrial wastewater generated by the user 4.7 Sand/Oil Interceptors A.No user that owns, operates, or maintains a facility for the servicing, repair, cleaning, washing, or any other type of maintenance activities performed on roadway machinery, industrial transportation equipment, motor vehicles, public or private transportation vehicles, or any other facility as required by the Director, shall discharge wastewater to the POTW without first complying with all sand/oil interceptor requirements specified by the Director. Such users shall complete and submit a Class III Industrial User Permit Application to the Director for review of sand/oil interceptor requirements. B. C. D. The Director shall notify the user of the Directors determination whether installation of sand/oila interceptor is required prior to such users discharge to the POTW. It is unlawful for any user to discharge wastewater to the POTW without use of a sand/ oil interceptor, in accordance with Rule and Regulation No. 26, as required by the Director. The Director shall calculate the size of the sand/oil interceptor to be used by the maintenance facility. The interceptor shall have a minimum operational fluid capacity of one hundred (100) gallons and shall be designed to retain material which will float or settle. Domestic wastewater shall not be allowed to pass through the interceptor. Any user required to install a sand/oil interceptor shall direct all wastewater from all drains, sinks, and wash racks, through an approved minimum size one hundred (100) gallon sand/oil interceptor which complies with Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 35 Rule and Regulation No. 26 Section 4 4.6. Such user shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the wastewater until the wastewater has passed through all necessary sand/oil interceptors, pretreatment equipment, and/or monitoring stations. E.Any user required to install a sand/oil interceptor shall maintain such interceptor in accordance with Rule and Regulation No. 26 Section 4 4.10. 4.8 Restaurant Requirements A.No restaurant user shall discharge wastewater to the POTW without first complying with all oil/grease interceptor requirements specified by the Director. Such restaurant users shall complete and submit a Class III Restaurant User Permit Application to the Director for review of oil/grease interceptor requirements. B.The Director shall notify the restaurant user of any oil/grease interceptor requirements prior to such restaurant user’s discharge to the POTW. It is unlawful for any restaurant user to discharge non-domestic wastewater to the POTW without use of a grease interceptor, in accordance with Rule and Regulation No. 26, as required by the Director. C.The Director shall calculate the size of the grease interceptor required to be used by the restaurant user, in accordance with the sizing criteria specified in the latest version of the Uniform Plumbing Code. In order to provide adequate retention time for the separation of oil/grease, the Director shall require the installation of a minimum size seven hundred fifty (750) gallon oil/grease interceptor and sample box for all restaurant users who are required to install an interceptor. The Director may allow the use of a shared interceptor among adjacent restaurant users provided that the facilities comply with the required sizing requirements and an authorized representative is defined to assume responsibility for maintenance of the interceptor. (1) The Director may consider the condition of the collection system serving the user, and possible adverse effects caused by the discharge in determining any interceptor requirements. The Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 36 Director reserves the right to require a larger interceptor when necessary and to set a maximum interceptor size when appropriate, to prevent the accumulation interceptors. of sewer gas in underutilized D.Any restaurant user required to install an oil/grease interceptor shall direct all wastewater from all kitchen floor drains, floor sinks, hand sinks, two (2)- compartment sinks, 3-compartment sinks, mop sinks, wash racks, dishwashers, and food waste grinders through an approved minimum size seven hundred fifty (750) gallon oil/grease interceptor which complies with Rule and Regulation No. 26 Section 4 4.6. Such restaurant users shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the kitchen wastewater until the restaurant wastewater has passed through all necessary oil/grease interceptors, pretreatment equipment, and/or monitoring stations. The Director reserves the right to allow the discharge of condensate to the oil/grease interceptor if it is determined the discharge will not adversely impact effective operation of the interceptor. E. F. Any restaurant user required to install interceptor shall maintain such interceptor accordance with Rule and Regulation No. 26 Section 4 4.10. a grease in All restaurant users are required to segregate all waste oil from deep fryers, cookers, etc. from all other waste streams. The segregated waste oil is not permitted to be discharged to the POTW. The waste oil is required to be stored onsite and hauled to an approved disposal site. 4.9 Conditional Waivers The Director may authorize the issuance of a conditional waiver of the oil/grease interceptor requirement or require the installation of an under sink grease trap, as approved by the San Bernardino County Department of Environmental Health, for any restaurant user determined by the Director not to have a reasonable potential to cause an adverse effect on or impact the normal operation of the SBMWD Collection System or Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 37 the POTW. The Director may revoke such conditional waiver for the following reasons: A. B. Changes in menu; Falsification of information submitted in the Class 3 Industrial User Permit Application; C. D. E. F. G. Changes in operating hours; Changes in maximum seating capacity; Changes in maximum meals served per peak hour; Changes in equipment used; Changes in the quantity or quality of the wastewater discharged; or H.Increased sewer line maintenance or sanitary sewer overflows (SSOs) which is attributed to the restaurant user’s wastewater discharge. 4.10 Interceptor Maintenance A. Any user who owns or operates an interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is considered to be in violation of Rule and Regulation No. 26 under the following conditions: (1) Odors generated from the interceptor cause a public nuisance. (2) The interceptor is not in good working condition and appears to be surcharging. (3) The operational fluid capacity of the interceptor has been reduced by more than twenty-five (25) percent by the accumulation of floating material, sediment, solids, oil or grease. (4) The industrial wastewater discharged from the user is determined to contain more than two hundred fifty (250) milligrams per liter (mg/L) of oil and grease. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 38 B. C. When an interceptor is cleaned, the interceptor must be pumped out completely and the removed sediment, liquid and floating material shall be lawfully disposed at a facility legally approved to accept such waste. The user shall maintain a manifest for the removed interceptor waste. The manifest shall include at a minimum: the name and address of the facility where the waste is removed, the disposal site for the interceptor 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 a SBMWD issued grease hauler manifest form. D. E. The removed pretreatment waste shall not be reintroduced into the interceptor or discharged into another interceptor at another location which has not been approved by the Director to accept such waste. If the interceptor is not maintained adequately and increased pumping is determined to be insufficient to maintain the effective operation of the interceptor, the user shall be required to install an interceptor of sufficient size, that is effective in pretreating the wastewater to acceptable standards. F.The owner and lessee, sub-lessee, proprietor, operator and superintendent of any facility, required to install an interceptor, are individually and severally liable for any failure to properly maintain such interceptor. 4.11 Silver Recovery Pretreatment Systems A.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 Director. B. C. 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 wastehauler Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 39 to an approved disposal site and shall not be discharged to the silver recovery equipment. D.As required by the Director, 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. 4.12 Industrial User Modifications All permitted users shall report proposed changes to the Director, for review and approval, thirty (30) days prior to initiation of the changes. The reporting shall be done in writing from the authorized representative of the permitted industrial user. For the purposes of this section “changes” shall include any of the following: A.A sustained twenty (20) percent increase or decrease in the industrial wastewater flow discharged or in production capacity; B. C. Additions, deletions or changes to processes or equipment; or Experimentation with new processes and/or equipment that will affect the quantity or quality of the wastewater discharged. 4.13 Unauthorized Equipment Modifications No user shall knowingly falsify, tamper with, or render inaccurate any monitoring device or any pretreatment equipment or device. Such falsification, tampering, or inaccuracy shall be considered a violation of Rule and Regulation No. 26 and shall subject the user to enforcement actions. 4.14 Unauthorized Discharge Notification A.All users shall notify the Director within twenty-four (24) hours of any substantial change, in the quantity or quality of the wastewater discharged, that could cause a problem at the POTW, including any slug loadings of any material. Wastewater discharges that may cause a problem at the POTW include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste, salts, colored wastes, and batch discharges. All users shall provide the Director, within five (5) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 40 business days from the incident, a written report detailing the cause of the discharge and the corrective actions completed to prevent a recurrence. B.All users shall notify the Director, 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 a hazardous waste under 40 CFR 261. The notification shall include, but is not limited to: the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). C.All users shall notify the Fire Department in the event the discharge has the potential to cause a fire or explosion hazard. 4.15 Spill Containment Systems All users, as required by the Director, shall install spill containment systems which conform to established requirements. 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: A. B. C. Spill containment systems for tanks, carboys, and vats shall consist of a system of dikes, walls, barriers, berms, or other devices approved by the Director which are designed to contain a minimum of 110% of the liquid contents of the largest container stored in the containment device. Spill containment systems for drums and barrels may consist of individual spill containment skids, pallets, or other devices approved by the Director which are designed to contain a minimum of one hundred ten percent (110%) of the entire contents of all containers stored in the containment device. Spill containment systems shall be constructed of materials that are impermeable and non-reactive to the liquids being contained. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 41 D.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. E. F. G. Spill containment systems shall not allow incompatible substances to mix and cause a hazardous situation in the event of a failure of one or more containers. 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. Liquid contained within the spill containment system shall be removed as soon as possible or as instructed by the Director to restore the capacity of the spill containment system to the original volume. 4.16 Facility Waste Management Plan Permitted Significant Industrial Users may be required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP may include any of the following documents: A.TOXIC ORGANIC MANAGEMENT PLAN (TOMP) is required of all categorical industrial users which are permitted to submit a TOMP in lieu of required pollutant monitoring. B.SLUG DISCHARGE PREVENTION CONTROL PLAN (SDPCP) is required of all industrial users which have batch discharge provisions, stored chemicals or materials, or the potential for a slug discharge which, if discharged to the POTW, would violate any of the prohibited discharge requirements of Rule and Regulation No. 26. C. D. PRETREATMENT SYSTEMS OPERATIONS MANUAL is required of all industrial users that operate and maintain pretreatment equipment. HAZARDOUS MATERIALS/WASTE MANAGEMENT PLAN is required of all industrial users that use or possess a hazardous substance or generate a hazardous substance. The County’s Fire Department-required Business Emergency Plan may be substituted for this management plan. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 42 E. WASTE MINIMIZATION/POLLUTION PREVENTION PLAN (WM/PPP) is required of any industrial user: (1) For whom the Director has determined such WM/PPP is necessary to achieve a water quality objective; (2) Determined by the California State Water Resources Control Board (State or Regional Board) to be a chronic violator, and the State Board, Regional Board or City determines that pollution prevention (as defined in Water Code Section 13263.3(b)) could assist; (3) That significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Water Code Section 13391.5. F. The WM/PPP may be required to include: (1) A wastewater analysis of pollutant(s), as directed by the State Board, Regional Board, or SBMWD, that the user discharges to the POTW, a description of the source(s) of the pollutant(s), and a comprehensive review of the processes used by the users that result in the generation and discharge of the pollutant(s). (2) An analysis of the WM/PPP to reduce the generation of the pollutant(s), including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods. (3) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques. (4) A statement of the user’s pollution prevention goals and strategies, including priorities for short-term and long-term action. (5) A description of the user's existing pollution prevention methods. (6) A statement that the user's existing and planned pollution prevention strategies do not constitute cross media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the SBMWD. (7) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (Section 25244.12) of Chapter 6.5 of Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 43 Division 20 of the Health and Safety Code), if applicable. (8) An analysis of the pollution prevention measures, relative costs, and benefits of the proposed pollution prevention activities selected by the user. 5.0 WASTEWATER DISCHARGE PERMITS 5.1 General Permit Requirements A.It is unlawful for any Class I, II, III, IV, V, or VI User to connect or discharge to the POTW without a valid industrial user or liquid wastehauler permit. B.Plans and building permits shall not be approved by the Director for any sewer connection to the POTW unless the user has first obtained the appropriate industrial user permit or the user has received written permission from the Director to connect to the POTW after agreeing in writing not to discharge industrial wastewater until an industrial user permit has been obtained. C.The Director shall have the authority to deny or establish discharge limitations for all users who propose new or increased contributions of pollutants, or changes in the nature of pollutants to the POTW where the contributions do not meet applicable pretreatment standards, requirements or would cause the SBMWD to violate its NPDES permits. 5.2 Industrial User Permit Application Requirements A.All users required to obtain an industrial user permit shall complete and file with the Director a permit application form provided by the Director and shall pay all applicable fees invoiced by the SBMWD. The permit application may require the applicant to supply any or all of the following information: (1) Name, address, and location of the facility (if different from the mailing address); (2) Name of the operator and owners; (3) Name, title and phone number of authorized representative(s) and contact(s); (4) NAICS number of the operation(s) carried out by the industrial user, according to the Federal North Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 44 American Industry Classification System, Office of Management and Budget, 1997, as amended; (5) EPA hazardous waste generator’s number, applicable; if (6) A description of operations including the nature, average rate of production, and a schematic process diagram which indicates points of discharge to the POTW; (7) Flow measurement information showing the measured average daily and maximum daily flow in gallons per day discharged to the POTW from process waste streams and all other waste streams, as necessary, to determine the permitted flow of the user and to allow use of the combined waste stream formula; (8) Time and duration that wastewater is discharged; (9) Wastewater samples collected according to 40 CFR 403.12(b)(5)(i-vii)specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses; (10) Measurement of pollutants identifying the National Categorical Pretreatment Standard applicable to each regulated process, with the results of sample analyses identifying the nature and concentration (or mass where required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto; (11) A list of all environmental control permits held; (12) Site plans, floor plans, process and pretreatment flow charts, mechanical and plumbing plans with details to show all sewers, sewer connections, monitoring equipment,pretreatment equipment, systems and devices, production areas and all areas of wastewater generation and a pretreatment systems operations and maintenance manual as required; (13) Certification statement, as set forth in 40 CFR Part 403.6(a)(2)(ii) and amendments thereto, executed by an authorized representative of the industrial user and prepared by professional, indicating whether a qualified or not pretreatment standards (categorical and local) are being met on a consistent basis. If not, the industrial user shall state if additional Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 45 pretreatment equipment is necessary to achieve compliance with pretreatment standards and requirements; and (14) Any other information as may be necessary for the Director to evaluate the permit application. The accuracy of all data submitted,including monitoring data, shall be certified by an authorized representative of the industrial user as set forth in 40 CFR Part 403.6(a)(2)(ii). B.After receiving the completed application and all required support information, the Director shall evaluate the application and information furnished by the applicant and either issue an industrial user permit subject to the terms and conditions provided in Rule and Regulation No. 26, suspend the issuance of the permit or disapprove the application pursuant to Rule and Regulation No. 26 Section 5.2 Industrial User Permit Application Requirements Subsection DD. The Director shall issue the permit, if the Director believes that sufficient and accurate information has been provided by the applicant in the permit application and the Director finds that all of the following conditions are met: (1) The proposed discharge of the applicant is in compliance with the prohibitions and limitations of Rule and Regulation No. 26; (2) The proposed operation and discharge of the applicant would not interfere with the normal and efficient operation of the POTW; (3) The proposed operation and discharge of the applicant shall not result in a violation by the SBMWD of the terms and conditions of its NPDES permit or cause a pass through of any toxic materials to the POTW; and (4) The applicant has paid all applicable industrial user permit fees. C.The Director may suspend the permit application process if the user's business will not be operational at the conclusion of the application review process. The Director will supply the user with an interim approval letter in order to receive a permit to commence construction from the Building Department. The user is required to notify the Director at least fourteen (14) days prior to the commencement of business operations. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 46 The industrial user permit will be issued upon proper notification by the user. D. If the Director determines there has been misrepresentation or failure to disclose all relevant facts in the Industrial User Permit Application or that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process. 5.3 Industrial User Permit Requirements A. Industrial user permits shall be subject to all provisions of Rule and Regulation No. 26 and all other applicable regulations, charges and fees established by resolution(s) approved by the Board. B. Permits may contain or require any or all of the following: (1) Limitations on the maximum daily and average monthly wastewater pollutants and mass emission rates for pollutants; (2) Limitations on the average and maximum daily wastewater flow rates; (3) Requirements for the submittal of daily, monthly, annual and long term production rates; (4) Requirements for reporting changes and/or modifications to equipment and/ or processes that affect the quantity or quality of the wastewater discharged; (5) Requirements for installation and maintenance of monitoring and sampling equipment and devices; (6) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate spill containment devices; (7) Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; pollutant violation notification and resampling requirements; number, types and standards for tests; reporting schedules; TTO monitoring; and self-monitoring standard operating procedures (SOPs); (8) Requirements for reporting flow exceedances and pollutant violations; (9) Requirements for submission of technical or discharge reports, Baseline Monitoring Reports Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 47 (BMR), compliance reports, and reports on continued compliance; (10) Reports on compliance with Federal Categorical Pretreatment Standards deadlines. All categorical industrial users shall submit reports to the Director containing the information described in this Section as required by the permit. For existing categorical industrial users, the report shall be submitted within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards. For new categorical industrial users, the report shall be due thirty (30) days following the commencement of wastewater discharge into the POTW. These reports shall contain long term production rates and actual production during the wastewater sampling periods; (11) All significant industrial users shall collect representative wastewater samples collected from the approved sample location during the first (1st) month of the first (1st) and third (3rd) quarters. The sample analysis compliance reports shall be submitted to the SBMWD by the end of the second (2nd) month of the first (1st) and third (3rd) quarters. These reports shall include effluent sample analyses results with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all processes and total flow for the reporting period. Average and maximum daily production rates; and total production rate for the reporting period may be required to verify effluent sample analyses to ensure wastewater flows are consistent with production rates; (12) All required reports: BMRs, compliance reports, periodic reports on continued compliance, and sample data submittals, must be signed by an authorized representative of the user; (13) All required reports must have an accompanying certification statement, by an authorized representative, stating whether the pretreatment standards are or are not being met as set forth in 40 CFR Section 403.12(b)(6) and amendments thereto; (14) Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 48 recycling, and waste minimization as specified by the Director; (15) Requirements for notification of slug or accidental discharges and significant changes in volume or characteristics of the pollutants discharged; (16) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements of Rule and Regulation No. 26 and amendments thereto; and (17) Other conditions or requirements as deemed appropriate by the Director to ensure compliance with Rule and Regulation No. 26 and amendments thereto. 5.4 Liquid Wastehauler Permits A. It is unlawful for any liquid wastehauler to discharge to the designated WRP disposal site without a current liquid wastehauler permit, and a current San Bernardino County Department of Environmental Health liquid wastehauler permit and decal, or to otherwise fail to comply with the provisions of Rule and Regulation No. 26. B. No person shall be issued a liquid wastehauler permit by the SBMWD without first completing and submitting an application for a SBMWD liquid wastehauler permit which contains the following information: (1) Name, address, and phone number of the liquid wastehauler; (2) Number of vehicles (vehicles include trucks, tankers and trailers), gallon capacity, license plate number, registered owner’s name, and make and model, of each vehicle operated by the liquid wastehauler for the purpose of hauling domestic liquid wastes; (3) Name of the liquid wastehauler’s authorized representative; (4) Name and policy number of the liquid wastehauler’s insurance carrier and bonding company, if applicable; (5) The number of the current permit issued to the liquid wastehauler by the San Bernardino County Department of Environmental Health for transportation and disposal of liquid wastes; and (6) Such other information as may be required by the Director. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 49 C.Liquid wastehauler permit conditions may include, but are not limited to, the following: (1) Liquid wastehauler’s obligation to comply with all permit terms and conditions; (2) Liquid wastehauler’s obligation to comply with the terms of Rule and Regulation No. 26; (3) Liquid wastehauler’s obligation to comply with the applicable rules and regulations of the San Bernardino County Health Department regarding cleanliness and sanitary conditions; (4) Restrictions on operating hours for the designated WRP disposal site; (5) The revocation, suspension, or placement on probation of the permit and imposition of other enforcement actions against the liquid wastehauler for violation of the permit terms or conditions, or Rule and Regulation No. 26; (6) Liquid wastehauler record keeping and reporting requirements; (7) Liquid wastehauler obligation to notify the Director immediately of any unusual circumstances observed during liquid waste pumping operations; and (8) Other conditions, limitations or prohibitions as specified by the Director. D.The Director may deny the issuance of a liquid wastehauler permit for any of the following reasons: (1) The applicant misrepresented or knowingly falsified information on the application or any document required by the application; (2) The applicant’s previous liquid wastehauler permit was suspended or otherwise revoked and the condition upon which such action was taken still exists; or (3) The applicant is not current on all disposal and permit related reports and charges. E. F. In the event a liquid wastehauler permit application is denied, the Director shall notify the applicant in writing of such denial and the appeal procedures. Such notification shall state the grounds for such denial and necessary actions that must be taken by the applicant prior to the issuance of a permit. SBMWD issued liquid wastehauler permits shall be valid for a maximum of three (3) years, and the Director may Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 50 impose additional, or modify or delete permit terms and conditions at any time during the duration of the permit. G.Liquid wastehauler permits are issued for a specific company and/or vehicle and any attempted permit transfer will void the permit. 5.5 Permit Duration Industrial User and liquid wastehauler permits shall be issued for a specified time period, not to exceed three (3) years. 5.6 Duty to Comply All users that have been issued an industrial user or liquid wastehauler permit have a duty to comply with all conditions and limitations in these control documents. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with Rule and Regulation No. 26. 5.7 Permit Renewal All users that have been issued an industrial user or liquid wastehauler permit have a duty to comply with all conditions and limitations in these control documents. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with Rule and Regulation No. 26. 5.8 Permit Modifications A.The terms and conditions of the industrial user or liquid wastehauler permit shall be subject to modification during the term of the permit for reasons specified by the Director, including the following: (1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements; (2) To address significant alterations or modifications to the user’s operation, processes, or wastewater volume or character since the time of the permit issuance; (3)A change in the POTW that requires either a temporary or permanent reduction or elimination of the permitted discharge; Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 51 (4) The permitted wastewater discharge poses a threat to the POTW, SBMWD or City personnel, residents, or receiving waters; (5) Violation of any term or condition of the user’s permit; (6) Misrepresentations or failure to fully disclose all relevant facts in the user’s permit application or in any required reporting; or (7) To correct typographical or other errors in the user’s permit; or B. When possible, the SBMWD shall notify the user of any proposed permit changes at least thirty (30) days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance. 5.9 Permit Transfer Each industrial user and liquid wastehauler permit is issued to a specific user for a specific operation for a specified time. Any assignment, transfer or sale of an industrial user or liquid wastehauler permit to a new owner, new user, different premises, or different use is prohibited and is a violation of Rule and Regulation No. 26. 5.10 Permit Suspension or Revocation The Director may suspend or revoke any industrial user or liquid wastehauler permit if the user is in violation of any provision of Rule and Regulation No. 26 or user permit. These violations include but are not limited to: misrepresentation or falsification of any required information; denial of the SBMWD 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 Rule and Regulation No. 26. The Director may suspend or revoke the industrial user or liquid wastehauler permit upon a minimum notice of fifteen (15) calendar days when the Director finds the user violated any provision of Rule and Regulation No. 26 or user permit. The permit suspension or revocation will result in them immediate suspension of all discharge rights and privileges as specified in Rule and Regulation No. 26 Section 6.8. All costs associated with the permit suspension or revocation, and any reissuance of the permit, shall be paid by the user. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 52 6.0 ENFORCEMENT NOTICES 6.1 Enforcement Response Plan (ERP) The City shall adopt an Enforcement Response Plan (ERP), as required by 40 CFR 403.8(f)(5)(i-vii), and delegate authority to the Water Board to enforce the ERP. The ERP is incorporated as Exhibit A to Rule and Regulation 26 and is used to guide the SBMWD in imposing progressive enforcement actions against users in noncompliance with Rule and Regulation No. 26. 6.2 Administrative Violations There is hereby established a class of violations to be known as Administrative Violations that are further subdivided into minor and major administrative violations as follows: A.Minor Administrative Violations include, but are not limited to, the following: (1) Submission of incomplete reports or questionnaires; (2) Failure to submit required reports or correspondence by the scheduled due date; (3) Failure to submit a compliance report by the due date specified without prior notification to the SBMWD; (4) Failure to conduct required monitoring; (5) Failure to notify the Director of a violation of a permit condition within twenty-four (24) hours after discovery of the violation; or (6) Failure to pay any required fees, penalties and charges within thirty (30) calendar days from the due date. B.Major Administrative Violations include, but are not limited to, the following: (1) Failure to notify the Director of a slug discharge immediately after discovery of said discharge; (2) Failure to submit required reports or correspondence within thirty (30) days after the original due date; (3) Failure to submit a compliance report within thirty (30) days after the original due date; (4) Falsification of documents or attempting to mislead SBMWD officials; (5) Failure to cooperate their authority with SBMWD under officials Rule andexercising Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 53 Regulation No. 26, including monitoring and inspection activities; (6) A pattern of minor administrative violations; (7) Failure to provide the SBMWD with access to the user’s premises for the purpose of inspection, monitoring, or sampling; (8) Failure to produce records as required; (9) Failure to accurately report noncompliance; (10) Failure to submit required reports (self- monitoring, one hundred eighty (180) day baseline monitoring report, ninety (90)-day compliance report, Compliance Schedule progress reports) or submitting such reports more than thirty (30) calendar days late; (11) Failure to pay charges pursuant to Rule and Regulation No. 26 Section 7.1 Establishment of Charges and Fees, permit application fees, permit renewal fees, and Civil Penalties within sixty (60) calendar days after the due date; or (12) Failure to pay all other required fees, penalties, and charges within sixty (60) calendar days after the due date. C.Upon notice of appropriate mitigating circumstances and consistent with applicable federal and state laws, the Director has sole discretion to treat administrative violation as minor administrative violation, or pattern of minor administrative violations with aggravating circumstances as an individual major administrative violation. a major a a 6.3 Discharge Violations A.There is hereby established a class of violations to be known as Discharge Violations that are further subdivided into minor and major discharge violations as follows: (1) Minor discharge violations are those that the Director has determined, either alone or in combination with other discharge violations; pose no significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees. (2) Major discharge violations include, but are not limited to, the following: a.Violation(s) which result in Significant Noncompliance; Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 54 b.Discharge violations which, either alone or in combination with other discharge violations; pose a significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees,or cause or contribute to additional treatment costs incurred by the SBMWD or a violation of the NPDES permit(s), or cause or contribute to pass through, interference, or other known damages; Discharging regulated pollutants to the POTW without a current discharge permit; c. d. e. A pattern of minor discharge violations; Failure to correct a minor discharge violation within a specific time period as specified by the Director; f.Tampering with or purposely rendering inaccurate any monitoring device, method or record required to be maintained by the SBMWD or the User; Intentional discharge of a prohibited waste by a liquid wastehauler into the POTW; or g. h.Wastewater discharge without a valid industrial user or liquid wastehauler permit after notification. B.Upon notice of appropriate mitigating circumstances, the Director has sole discretion to treat a major discharge violation as a minor discharge violation. The Director also has sole discretion to treat a pattern of minor discharge violations with aggravating circumstances as an individual major discharge violation. 6.4 Liquid Wastehauler Violations A.Upon the Director’s determination of a violation of Rule and Regulation No. 26, the liquid wastehauler may be issued a Notice of Rejection subject to the enforcement actions set forth in Rule and Regulation No. 26, the Enforcement Response Plan, and the liquid wastehauler permit as necessary to protect the WRP and RIX, the public, the environment or SBMWD and City employees. B.All liquid wastehauler permits issued to any person may be revoked, suspended or placed on probation up to Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 55 one (1) year upon a finding by the Director that any of the following facts exist: (1) Such person or representative thereof failed to display any permit or discharge authorization document upon request by an authorized representative of the SBMWD; (2) Such person or representative thereof has changed, altered or otherwise modified the face of a permit or discharge authorization document without the permission of the Director; (3) Such person or representative thereof has violated any condition of the permit; (4) Such person or representative thereof has falsified any application, liquid waste manifest, record, report,monitoring results,or any other information required to be maintained by the Director, has failed to make them immediately available to the Director upon request, or has withheld required information; (5) Such person or representative thereof failed to immediately cease the discharge from his or her truck into the designated WRP disposal site upon order of any authorized SBMWD employee; (6) Such person or representative thereof discharged or attempted to discharge hazardous waste into the designated disposal site; (7) Such person or representative thereof discharged or attempted to discharge industrial waste into the designated disposal site; (8) Such person or representative thereof has discharged or attempted to discharge waste to the designated WRP disposal site, that has been previously rejected by another regulatory agency, municipality, or entity having authority to grant permission for the disposal of the waste, without prior notification to the Director of the rejected status of the waste; (9) Such person or representative thereof has physically harmed any SBMWD employee; or (10) Such person or representative thereof has made threatening remarks or threatening acts toward any SBMWD employee. C.Any liquid wastehauler permit which has been revoked, suspended or placed on probation pursuant to this Section may be reinstated upon a finding by the Director Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 56 that the condition which caused the revocation, suspension or probation no longer exists. D.Any authorized SBMWD employee shall have the authority to order the immediate cessation of the discharge from any liquid wastehauler vehicle into the designated WRP disposal site. Such order shall be based on the employee’s best professional judgment that said discharge may be in violation of any applicable condition of Rule and Regulation No. 26 or may otherwise harm or threaten to harm the operation of the WRP or RIX, the environment, SBMWD and City employees, and the general public. 6.5 Unclassified Violations For any violation by any user that is not classified herein, or for the violation of any rule or regulation promulgated hereunder, the Director shall have the discretion to treat such violation as a minor or major violation and to exercise enforcement authority accordingly. In exercising this enforcement authority, the Director shall consider the magnitude of the violation, its duration, and its effect on receiving waters, the POTW, the WRP sludge, the health and safety of SBMWD and City employees, contractors, users, and the general public. The Director shall also evaluate the user’s compliance history, good faith, and any other factors the Director deems relevant. 6.6 Public Nuisance Any user found to be in violation of Rule and Regulation No. 26, user permit, or any administrative order issued pursuant to Rule and Regulation No. 26 shall be declared a public nuisance and shall be guilty of a misdemeanor. 6.7 Administrative Orders The Director may require compliance with Rule and Regulation No. 26 and any permit or order issued under Rule and Regulation No. 26, by issuing Administrative Orders that are enforceable in a court of law, or by directly seeking court action. The Director may use Administrative Orders, either individually, sequentially, concurrently, or in any Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 57 order for one or more violations as appropriate for the circumstances. Administrative Orders include: A. NOTICE OF NONCOMPLIANCE (NNC): A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, any minor violations discovered during an inspection, or the user’s permit or Rule and Regulation No. 26. The time frame required for the NNC to be corrected is normally seven (7) to fourteen ((14) days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user with a submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of “good faith” by the user. “Good Faith” shall be defined as the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. VERBAL NOTICE (VN): A Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, telefax, or personal visit and shall be completed within five (5) days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. C. WARNING NOTICE (WN): A Warning Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within five (5) days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user with a written receipt of delivery. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 58 D.NONCOMPLIANCE MONITORING PROGRAM (NMP): A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The time frame required for the NMP response is normally seven (7) to fourteen (14) days, in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect representative wastewater sample from the designated sample location at frequency determined by the a a Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. The NMP shall be hand delivered or delivered certified mail with a written receipt of delivery. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E.NOTICE OF VIOLATION (NOV): A Notice of Violation shall be issued to a user for any repeat pollutant violations, any Noncompliance, or any major violations discovered during an inspection, the user’s permit or Rule and violations which result in Significant Regulation No. 26. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally seven (7) to fourteen (14) days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered or delivered certified mail with a written receipt of Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 59 delivery. The NOV shall include a one hundred dollar ($100.00) penalty fee. F. STOP WORK ORDER (SWO): A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of Rule and Regulation No. 26 related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection. A copy of the SWO is either submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery. The SWO shall include a one hundred dollar ($100.00) penalty fee. G. VIOLATION MEETING ORDER (VMO): A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall be hand delivered or delivered certified mail with a written receipt of delivery. The VMO shall include a one hundred dollar ($100.00) penalty fee. H. CEASE AND DESIST ORDER (CDO): A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or RuleRule and Regulation No. 26, industrial user permit, or any order issued under RuleRule and Regulation No. 26, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the public. A CDO may also be issued to a user who is discharging industrial wastewater to the Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 60 POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user’s permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The cease and desist order shall include the provision violated and the facts constituting the violation. The CDO shall be hand delivered or delivered certified mail with a written receipt of delivery. The CDO shall include a two hundred fifty dollar ($250.00) penalty fee. I.CONSENT ORDER (CONS): A Consent Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Rule and Regulation No. 26, industrial user permit, or any order issued under Rule and Regulation No. 26. The CONS is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written agreement developed jointly between the City and the user with individual milestones, specific actions submitted by the user, or other remedies used to gain. compliance with the violation(s). The CONS shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine (9) months in length. The CONS shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every thirty (30) days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The CONS shall include a five hundred dollar ($500.00) penalty fee. J.COMPLIANCE ORDER (COMP): A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Rule and Regulation No. 26, industrial user permit, or any order issued under Rule and Regulation No. 26. The COMP is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 61 exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other remedies to gain compliance with the violation(s). The COMP shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine (9) months in length. The COMP shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every thirty (30) days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a five hundred dollar ($500.00) penalty fee. K.SHOW CAUSE ORDER (SHOW): A Show Cause Order shall be issued to a user who is in violation of Rule and Regulation No. 26, user permit, or any order issued under Rule and Regulation No. 26, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen (15) calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any witnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 62 subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a one thousand dollar ($1,000.00) penalty fee. L. PROBATION ORDER (PO): A Probation Order may be issued to any user for any repeat violations of Rule and Regulation No. 26.26. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PO shall include a one hundred dollar ($100.00) penalty fee M. PERMIT REVOCATION ORDER (PRO): A Permit Revocation Order may be issued to any user who has not complied with the requirements contained in any enforcement action. The permit revocation requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. The permit revocation requires the user to demonstrate continued compliance prior to the re-issuance of permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PRO shall include a one hundred dollar ($100.00) penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 63 6.8 Sewer Suspension Order (SUSP) A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Permit Revocation Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Rule and Regulation No. 26 or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the discharge of all wastewater to the POTW, as specified by the Director. The SUSP will result in the immediate revocation of the user's permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in Rule and Regulation No. 26 Section 6.9 Sewer Order Termination (TERM). As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects of the SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Rule and Regulation requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a five hundred dollar ($500.00) penalty fee and the user shall be responsible for all costs associated with the SUSP and re-issuance of the permit. 6.9 Sewer Termination Order (TERM) A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Sewer Suspension Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 64 imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Rule and Regulation No. 26 or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user’s permit and the immediate severance of the user’s sewer connection and/or the termination of water service. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the TERM. The General Manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and Rule and Regulation requirements. The TERM shall include a one thousand dollar ($1,000.00) penalty fee and the user shall be responsible for all costs associated with the TERM, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit. 6.10 Civil Penalties (CIV) A Civil Penalty may be issued to any user in violation of the user’s permit, any provision of Rule and Regulation No. 26, administrative order, or has failed to comply with the requirements or conditions specified in previous enforcement action. The CIV shall be issued by the City Attorney and shall include all penalties authorized in this Section. The user shall be responsible for all costs associated with the violation(s); including: reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses. A.AUTHORITY: All users of the POTW are subject to enforcement actions administratively or judicially by the City, United States Environmental Protection Agency, State of California Regional Water Quality Board, or the Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 65 County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 USCA Section 1251 et seq.); (2) California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conversation and Recovery Act of 1976 (42 USCA Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740. B.RECOVERY OF FINES OR PENALTIES: In the event the City is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of Rule and Regulation No. 26, the user’s permit, any prohibition, effluent limit, or an administrative order issued pursuant to Rule and Regulation No. 26; the City shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user. C.REGULATION: Pursuant to the Authority of California Government Code Sections 54739-54740, any person who violates any provision of Rule and Regulation No. 26; the user’s permit, any prohibition, effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of Rule and Regulation No. 26, the user’s permit, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to federal and/or state legislative authorization. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 66 D.ADMINISTRATIVE CIVIL PENALTIES: (1) Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: a. b. any provision of Rule and Regulation No. 26; any permit condition, prohibition, or effluent limit; or c.any suspension or revocation order. (2) The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service.The administrative complaint will allege the act or failure to act that constitutes the violation of the City’s requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager.The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. (3) At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the counsel for the City. (4) After the conclusion of the hearing, the General Manager shall prepare includes a statement of the facts found to be true, determination of the issues presented, and a written report which a conclusions. If the General Manager’s designee conducts the hearing, the designee shall prepare and submit the written report to the General Manager. (5) Upon preparation of the written report, the General Manager shall make his determination, and should he find that the grounds exist for assessment of a civil penalty against the user, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. (6) If after the hearing or appeal, if any, it is found that the user has violated reporting or discharge Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 67 requirements, the General Manager or Board may assess a civil penalty against that user. In determining the amount of the civil penalty, the General Manager or Board may consider 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 occurred, and any corrective action attempted by the user. (7) Civil penalties may be assessed as follows: a. b. c. d. In an amount of at least one thousand dollars ($1,000.00) day for each violation bya Industrial Users of Pretreatment Standards and Requirements. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the SBMWD; In an amount which shall not exceed five thousand dollars ($5,000.00) for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the SBMWD; In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the SBMWD. e. (8) In determining the amount of such penalties, damages and costs, all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through a user’s violation, corrective actions by a user, the compliance history of the user, good faith efforts to restore compliance, threat to human health, to the environment and to the POTW. (9) An order assessing administrative civil penalties issued by the SBMWD shall be final in all respects Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 68 on the thirty-first (31st) day after it is delivered to the user unless a notice of appeal is filed with the Board pursuant to Rule and Regulation No. 26 Subsection 6.15 Written Appeals no later than the thirtieth (30th) day following delivery of the notice. An order assessing administrative penalties issued by the Board shall be final. (10) Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint. (11) Payment of the administrative civil penalties shall be made within thirty (30) days of the date the administrative order becomes final. A lien shall be placed against the user's real property for any outstanding penalties which remain delinquent sixty (60) days. The lien shall not be in effect until recorded with the county recorder. The SBMWD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the administrative order becomes final. (12) No administrative under civil Rule penalties and Regulation shall be No.recoverable 26 Subsection 6.10 Part D Administrative Civil Penalties for any violation which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 6.11 Criminal Penalties (CRIM) A Criminal Penalty may be issued to any user in violation of the user’s permit, Rule and Regulation No. 26, or an enforcement action issued by the Director or has failed to comply with the requirements or conditions specified in previous enforcement action. A Criminal Penalty may also be issued to any user that willfully or 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 Rule and Regulation No. 26 or the user’s permit, or which falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under Rule and Regulation No. 26. The CRIM shall be issued by the City Attorney or County District Attorney and shall include all penalties authorized in this Section. The penalties shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, and any relevant State laws. The user Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 69 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) per day for each violation by Industrial Users of Pretreatment Standards and Requirements or imprisonment for not more than six (6) months, or both, per violation per day. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251 et seq. and amendments thereto, and shall apply to the exclusion of any other more lenient provision of Rule and Regulation No. 26. A user shall be guilty of a separate violation for each day a violation of any provision of Rule and Regulation No. 26 or user’s permit is committed or continued by such user. 6.12 Remedies Nonexclusive The enforcement actions for Rule and Regulation No. 26 are not exclusive. The General Manager may take any, all, or any combination of the enforcement responses against a user who is determined to be in noncompliance with conditions and requirements specified in Rule and Regulation No. 26, user’s permit, or discharge limits. 6.13 Damage to POTW Operation A.Any user who discharges any wastewater which causes or contributes to any obstruction, interference, damage, or any other impairment to the operation of the POTW shall be liable for all costs required to resume normal operations of the POTW. B.Any user who discharges any wastewater which causes or contributes to the SBMWD violating any limitation, condition or requirement of its NPDES permit or any other discharge requirement established by any regulatory agency which incurs additional expenses, losses or damage to the POTW, shall be liable for any fines, penalties, fees or assessments imposed on the SBMWD by other regulatory agencies or the courts. 6.14 Legal Action If any user violates or has the reasonable potential to violate any provision of its Wastewater Discharge Permit, this Rule and Regulation, Federal or State Pretreatment Standards or Requirements, or any administrative order issued pursuant to this Rule and Regulation, the City Attorney may petition a court of competent jurisdiction for appropriate Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 70 legal, equitable or injunctive relief including, but not limited to, issuance of a temporary restraining order, preliminary injunction, permanent injunction, and/or any other relief that may be appropriate to restrain the continued violation or prevent threatened violations by the User. In addition to the penalties provided herein, the Director may recover reasonable attorney fees, court costs, court reporter’s fees, and other expenses of litigation by appropriate suit of law against the Person found to have violated any of the provisions of this Rule and Regulation or the orders, rules, regulations, and Permits issued thereunder. 6.15 Written Appeals A. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Rule and Regulation No. 26 or user’s permit, may file with the Director a written appeal requesting reconsideration of such decision, order or enforcement action within ten (10) calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. The Director shall render a ruling on the request for reconsideration to the user in writing within thirty (30) calendar days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. B. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Rule and Regulation No. 26 or user’s permit, may file with the General Manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten (10) calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. C. The General Manager shall render a ruling on the request for reconsideration to the user in writing within thirty (30) calendar days from receipt of the appeal. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 71 Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. D.If the ruling on the request for reconsideration made by the General Manager is unsatisfactory, the user may, within ten (10) calendar days after receipt of notice of the General Manager’s ruling, file a written appeal with the Board, lodging such appeal with the SBMWD along with an appeals fee of one hundred dollars ($100.00). All requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation, or denial shall be reviewed by the Board. All other hearing requests shall be at the sole discretion of the Board. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the decision, order, or enforcement action. The hearing shall be conducted within sixty (60) calendar days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The Board shall make a ruling on the appeal within sixty (60) calendar days from the date of filing and shall contain the findings of facts regarding the order. E.The SBMWD shall have the burden of proof during these hearings and shall be responsible to submit a preponderance of evidence for all claims. The appellant may submit written evidence during the hearing to support the claims of the appellant. Formal rules of evidence shall not apply in the hearings under this Chapter. Evidence will be admissible if it is relevant and of the sort on which responsible persons are accustomed to rely in conduct of serious affairs. The SBMWD reserves the right to adopt additional procedural guidelines governing the conduct of the hearings. F.The ruling of the Board shall be deemed a final decision, order or action by the SBMWD which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the SBMWD under Rule and Regulation No. 26 without first having exhausted his or her administrative remedies set forth in this Section. Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 72 6.16 Judicial Review A. PURPOSE AND EFFECT: Pursuant to Section 1094.6 of the California Code of Civil Procedure, the City hereby enacts this Section to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. DEFINITIONS: As used in this Section, the following terms and words shall have the following meanings: (1) Decision shall mean and include adjudicatory administrative decisions that are made after hearing, and after an award of civil penalties pursuant to Rule and Regulation No. 26 Subsection 6.10 Part 4 Administrative Civil Penalties, after revoking, suspending, or denying an application for a Permit or a license, or after other administrative hearings taken to enforce this Chapter. (2) Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the Director, and the final decision, all admitted exhibits, all rejected exhibits in the possession of the City or its officers or agents, all written evidence, and any other papers in the case. C. TIME LIMIT: Except as set forth in Rule and Regulation No. 26 Subsection 6.16 Part G, judicial review of any decision of the City or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is a provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought by the aggrieved party pursuant to such provision, the decision is final for the purposes of this Section on the date that reconsideration is acted upon by the Board, or Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 73 officer or agent, and written notice thereof is provided. D. PREPARATION OF THE RECORD: The complete record of the proceedings shall be prepared by the City officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefore. The City may recover from the petitioner its actual costs for transcribing and otherwise preparing the record. E. EXTENSION: If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner’s attorney of record, if appropriate. F. NOTICE: In making a final decision, the City shall provide notice to the Person(s) subject to the administrative decision that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. ADMINISTRATIVE CIVIL PENALTIES: Notwithstanding the foregoing in Rule and Regulation No. 26 Subsection 6.16 Judicial Review, and pursuant to Government Code Section 54740.6, judicial review of an order imposing administrative civil penalties pursuant to Rule and Regulation No. 26 Subsection 6.10 Part 4 Administrative Civil Penalties may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Board becomes final. 6.17 Judicial Collection After an enforcement order requiring a monetary assessment has become final, or after a court has entered a final judgment in favor of the City, the General Manager, through the City Attorney, may initiate a civil action, in the appropriate court to recover such amount. Any user who fails to pay the amount of the assessment, by the due date established, shall be required to pay to the City, in addition Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 74 to the original assessment, all costs associated with recovery of the assessment. These costs may include; City Attorney fees and costs, court filing fees, and process service fees for collection of the assessment. 7.0 CHARGES AND FEES 7.1 Establishment of Charges and Fees The SBMWD is authorized to establish user charges and fees for the equitable distribution of all costs of financing, maintaining, and operating the POTW and developing the necessary reserve funds to ensure the future operation of the POTW. These charges and fees are in accordance with good engineering and fiscal practices and comply with all applicable governmental regulations regarding the operation of the POTW. These fees and charges relate exclusively to matters covered by this Rule and Regulation, the connection and capacity charges in Rule and Regulation No. 25, and related Resolutions adopted by the Board, and are separate from all other fees and charges imposed by the SBMWD. The amount of these charges and fees and method of implementation shall be established by resolution of the Board. 7.2 Recovery of Costs In the event a user fails to comply with any of the terms and conditions of this Rule and Regulation, an administrative order, compliance schedule or a permit issued hereunder, the City shall be entitled to reasonable attorney fees and costs which may be incurred in order to enforce any of the terms and conditions, with or without filing proceedings in court. 7.3 Connection Applications and Fees Rule and Regulation No. 26 addresses special permits for industrial users. Industrial users are also responsible for the application, connection and capacity fees associated with all connections to the Collection System. These fees are addressed in Rule and Regulation 2121. 7.4 Inspection Requirements The Director may inspect as often as deemed necessary every sewer lift station, private sewage disposal system, private sewer lateral, dilution basin, neutralization basin, backwater trap or valve, or other similar appurtenances, for Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 75 the purpose of ascertaining whether such facilities are maintained and operated in accordance with the SBMWD Rules and Regulations including but not limited to the wastewater discharge permits set forth in Rule and Regulation No. 26. All persons shall permit the Director to have access to all such facilities at all reasonable times. No object, whether a temporary or permanent structure, nor any object which is difficult to remove, shall be placed in such a position so as to interfere with the ready and easy access to any such facility. Any such obstruction, on the request of the Director, shall be immediately removed at no expense to the SBMWD or the City and shall not be replaced. 7.5 Sewer Service Charges A. Monthly sewer service charges for single family and multi- family residences are addressed in Rule and Regulation 21 Sections 2.1 and 2.2 respectively. B. All users that discharge wastewater to the POTW that contains an average of more than 300 mg/L of BOD or TSS or any users that discharge large volumes of wastewater, as determined by the Director, shall be designated “industrial rate users” and shall pay monthly sewer service fees based on the industrial rate established by resolution of the Board. Unless otherwise approved by the Director, all Industrial Rate monitoring shall consist of individual twenty-four (24) hour composite samples collected over three consecutive production days during the first month of the quarterly monitoring cycle, or as otherwise approved by the Director. The sample analysis are averaged together to determine the BOD and TSS for each billing cycle. Monthly flow discharge rates are used to calculate the amount of BOD and TSS discharged to the POTW each month. All self monitoring completed for Industrial Rate billing must be approved by the Director and will be averaged with the data collected from SBMWD monitoring for the months remaining in the quarterly monitoring cycle. The industrial sewer rates shall be based upon total volume of wastewater discharged and the SBMWD costs for providing services and treatment for the pounds of BOD, and TSS discharged. 7.6 Permit Charges and Fees All users shall be required to pay a permit fee based on the designated class of permit issued to the user. The permit fee shall include charges for the issuance of the user’s permit Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 76 as established by resolution of the Board for the specific class of user. 7.7 Monitoring and Inspection Charges and Fees All users shall be charged additional monitoring and/or inspection fees, as established by resolution of the Board, for all routine and supplemental activities completed by the SBMWD which are necessary to verify compliance with Rule and Regulation No. 26, user’s permit, applicable discharge limits, or any other related proceedings completed by the SBMWD. Approved by Water Board: July 27, 2021 Effective: October 15, 2021 Supersedes: N/A CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ENVIRONMENTAL CONTROL SECTION ENFORCEMENT RESPONSE PLAN Date: EXHIBIT A TABLE OF CONTENTS I.INTRODUCTION 3 4II.DEFINITIONS III ENFORCEMENT PROCEDURES 9 1. 2. 3. ENFORCEMENT RESPONSES DETERMINING FACTORS 9 19 20ENFORCEMENT VIOLATION GUIDE 1 I. INTRODUCTION On July 24, 1990 (55 Fed. Reg. 30082), the Environmental Protection Agency (EPA) promulgated regulations in 40 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. The ERP is required to include the necessary procedures to promptly and objectively identify, document, track, and respond to all violations of Federal, State and Local pretreatment regulations. The regulations specified in 40 CFR 403.8(f)(5) specifically require the POTW to develop and implement an enforcement response plan. This plan is required to contain procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum, include methods to: 1. 2. Describe how the POTW will investigate instances of noncompliance; Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place; 3. 4. Identify (by title) the official(s) responsible for each type of response; Adequately reflect the POTWs primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8(f)(1) and (f)(2). The City of San Bernardino Municipal Water Department (SBMWD) pretreatment program is administered by the Environmental Control Section (EC Section). The EC Section is responsible for the development and implementation of the required ERP. The EC Section is granted legal authority under 40 CFR 403, SBMWD National Pollutant Discharge Elimination System (NPDES) permit (No. CA0105392), SBMWD Rules and Regulations and accompanying resolutions to enforce the requirements specified in the ERP. All enforcement actions are progressive in nature and will escalate commensurate with the violation and response from the industrial user (IU). The ERP is to be used as a reference to assist the EC Section with the appropriate level of enforcement response for similar violations. The ERP 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 implementation of the enforcement measures issued to noncompliant users. The EC Section reserves the right to initiate enforcement action at any level deemed necessary to protect the operation of the POTW, the safety of the SBMWD employees and to expedite compliance from the user. Assistance in the preparation of major violation enforcement responses is provided by the San Bernardino City Attorney and/or the San Bernardino County District Attorney’s Office. II. DEFINITIONS 2 Unless otherwise defined herein, definitions of terms related to the Pretreatment Program, Industrial User Permits and this Enforcement Response Plan shall be those set forth in the SBMWD Rules and Regulations regulating the discharge of wastes into the sewer system of the City of San Bernardino. 1.Administrative Order (AO) means an enforcement action authorized by SBMWD Rules and Regulations, which directs industrial users to undertake corrective actions or cease specified activities to correct violations. 2.Categorical Industrial User shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.C. Sec. 1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto. 33. 44. City shall mean the City of San Bernardino, acting through the elected officials and authorized representatives. 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, including the Environmental Protection Agency. 55.Collection System shall mean all pipes, sewers and conveyance systems carrying wastewater to the Water Reclamation Plant (WRP), owned and maintained by the City and/or by tributary Service Areas contracting with the City for sewer service, excluding sewer service lateral line connections. 66. 77. Compliance Order shall mean a time schedule issued to an IU by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or SBMWD Rules and Regulations. Consent Order shall mean a time schedule agreed upon between the SBMWD and an IU which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or SBMWD Rules and Regulations. 88. 99. Control Authority shall mean the City of San Bernardino Environmental Control Section. Dilution shall mean the increase in use of water, wastewater or any means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements. 100. Director shall mean the Director of the WRP or an authorized representative, deputy, or agent appointed by the WRP Director. 111. Discharge Requirements shall mean the specific numerical limits, prohibitions, and reporting requirements contained in an IU’s permit and SBMWD Rules and Regulations. 3 122. Enforcement Violation Guide shall mean the current methods as outlined in the SBMWD Enforcement Response Plan and utilized by the Environmental Control Section to gain compliance from user’s for violations of wastewater discharge, permit conditions, or SBMWD Rules and Regulations. 133. Environmental Control Assistant (ECA) shall mean the entry level position with the Environmental Control Section who is primarily responsible for Class 2 and 3 level inspections and monitoring. 144. Environmental Control Officer (ECO) shall mean the supervisory position with the Environmental Control Section who is responsible for the development and implementation of the policies and procedures of the Environmental Control Section. 155. Environmental Control Technician (ECT) shall mean the journey level position with the Environmental Control Section who is primarily responsible for Class 1 Significant Industrial User (SIU) level inspections, permitting, plan check, and associated activities. 166. 40 CFR shall mean Title 40 of the Code of Federal Regulations relating to the protection of the environment. 177. Industrial User shall mean all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater and waterborne waste into the POTW. 188. Industrial Wastewater shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the Director. 1919. Major Violation shall mean those violations which involve the issuance of a Notice of Violation, an Administrative Order, Civil/Criminal Penalties, Permit Suspension or Revocation, Termination of Water/Sewer Service, or any violation which results in Significant Noncompliance. 200. May shall mean permissive. 211. Minor Violation shall mean those violations which involve the issuance of a Notice of Noncompliance or a Warning Notice. 222. Pass-Through shall mean any discharge which exits the WRP into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. 233. Person shall mean any individual, firm, company, association, society, general or limited 4 partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. 244. Pollutant shall mean any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. 255. 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 POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution. 266. Pretreatment Equipment shall mean any structures, equipment, devices or processes for the reduction, elimination, or alteration of pollutants and/or flow control of wastewater prior to discharge to a collection system. 277. POTW shall mean the Publicly Owned Treatment Works and shall include the City’s collection system, the collection system of contract cities, and the SBMWD Water Reclamation Plant. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal sewage, sludge, or industrial wastewater, except sewer service lateral line connections. 288. Prohibited Waste Discharges shall mean all discharges specified in SBMWD Rules and Regulations which are prohibited from being discharged to the POTW. 2929. SBMWD WRP shall mean the San Bernardino Municipal Water Department Water Reclamation Plant and includes that portion of the City's POTW which is designated to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. 300. Shall means mandatory. 311. Significant Industrial User (SIU) shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and amendments thereto, or any user that meets any of the following conditions: A.Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); B. C. A process wastestream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or Is designated by the Director on the basis that the user has a reasonable potential 5 for adversely affecting the POTW or for violating any pretreatment standard or requirement. 322. Significant Non-Compliance (SNC) shall mean any compliance violation that meets one or more of the following criteria: A.Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant; B.Technical Review Criteria (TRC) violations, which are defined as those in which thirty-three percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit 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 longer term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. E. F. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD exercise of its emergency authority to halt or prevent such a discharge; Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in an Administrative Order, for starting construction, completing construction, or attaining final compliance; Failure to provide, within forty-five (45) days of the date, any required reports such as baseline monitoring reports, ninety day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G.Failure to pay, within thirty days, all applicable industrial user application, permit, and enforcement penalty fees. H. I. Failure to accurately report non-compliance; or Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. 333. Spill Containment shall mean a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw materials, waste materials, chemicals, or finished products to the Storm Drain or POTW. 344. Unauthorized or Unpermitted Discharge shall mean any discharge of wastewater from 6 a user who has not received the required permit authorizing the discharge of wastewater to the POTW. 355. User shall mean any person, public or private, residential, industrial, commercial, governmental, educational, or institutional which discharges or causes to be discharged, wastewater into the POTW or contracted service area. 366. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material. 377. Wastewater shall mean the liquid and water carried domestic waste or non domestic waste from residential, commercial, industrial, governmental, educational, or institutional facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. 3838. Waste Minimization shall mean a written summary of practices and site-specific technical and economic information used for selecting appropriate techniques to reduce the production of wastes. 7 III. ENFORCEMENT PROCEDURES 1.ENFORCEMENT RESPONSES The SBMWD utilizes a number of different enforcement responses, codified in San Bernardino Municipal Water Department Rules and Regulations in response to Industrial Users which are in violation of Federal, State, and local pretreatment regulations. The enforcement responses are progressive in nature and are designed to escalate based on the frequency or magnitude of the specific violation. The following summary identifies the individual enforcement responses which are used by the SBMWD. A.Notice of Noncompliance (NNC) A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, any minor violations discovered during an inspection, and/or violations of the user’s permit or SBMWD Rules and Regulations. The timeframe required for the NNC to be corrected is normally 7-14 days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user. The NNC shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of “Good Faith” by the user. “Good Faith” shall be defined as the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. C. Verbal Notice (VN) Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, telefax, or personal visit and shall be completed within five days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. Warning Notice (WN) A Warning Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within 5 days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user following proper notification of the NNC. 8 D.Noncompliance Monitoring Program (NMP) A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The timeframe required for the NMP response is normally 7 to 14 days in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E.Notice of Violation (NOV) A Notice of Violation shall be issued to a user for any repeat pollutant violations, any violations which result in Significant Noncompliance, or any major violations discovered during an inspection, the users permit or SBMWD Rules and Regulations. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally 7-14 days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered to the user with a written receipt of delivery. The NOV shall include a $100 penalty fee. F.Stop Work Order (SWO) A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of SBMWD Rules and Regulations related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection or hand delivered to the user. The SWO shall include a $100 penalty fee. G.Violation Meeting Order (VMO) A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has 9 resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall include a $100 penalty fee. H.Cease and Desist Order (CDO) A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the general public. A CDO may also be issued to a user who is discharging industrial wastewater to the POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user’s permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The CDO shall include a $250 penalty fee. I.Consent Order (CONS) A Consent Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations. The CONS is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written agreement developed jointly between the City and the user with individual milestones, specific actions submitted by the user, or other remedies used to gain compliance with the violation(s). The CONS shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The CONS shall include a $500 penalty fee. J.Compliance Order (COMP) A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations. The COMP is routinely developed as a result of information collected during the VM between the SBMWD and a user who has exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other 10 remedies to gain compliance with the violation(s). The COMP shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a $500 penalty fee. K.Show Cause Order (SHOW) A Show Cause Order shall be issued to a user who is in violation of SBMWD Rules and Regulations, user permit, or any order issued under SBMWD Rules and Regulations, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any witnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a $1,000 penalty fee. L.Probation Order (PO) A Probation Order may be issued to any user for any repeat pollutant or Ordinance violations. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall include a $100 penalty fee. M.Permit Revocation Order (PRO) A Permit Revocation Order may be issued to any user who has not complied with 11 the requirements contained in any enforcement action. The PRO requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. Additionally, the PRO requires the user to demonstrate continued compliance prior to the re-issuance of the permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO shall include a $100 penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. N.Sewer Suspension Order (SUSP) A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a PRO, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of this Chapter or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the discharge of all wastewater to the POTW, as specified by the Director. The SUSP will result in the immediate revocation of the user’s permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in SBMWD Rules and Regulations. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects of the SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a $500 penalty fee and the user shall be responsible for all costs associated with re-issuance of the permit. O.Sewer Termination Order (TERM) A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a SUSP, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of this Chapter or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user’s permit and the immediate severance of the user’s sewer connection and/or the termination of water service. As soon as 12 reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the TERM. The General Manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The TERM shall include a $1000 penalty fee and the user shall be responsible for all costs associated with the TERM, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit. P.Civil Penalty (CIV) A Civil Penalty may be issued to any user in violation of the user’s permit, any provision of SBMWD Rules and Regulations, administrative order, or has failed to comply with the requirements or conditions specified in previous enforcement action. The CIV shall be issued by the City Attorney and shall include all penalties authorized by SBMWD Rules and Regulations. The user shall be responsible for all costs associated with the violation(s); including: reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses. 1.AUTHORITY: All users of the POTW are subject to enforcement actions administratively or judicially by the City, United States Environmental Protection Agency, State of California Regional Water Quality Board, or the County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conversation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739 -54740. 2.RECOVERY OF FINES OR PENALTIES: In the event the City is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of this Chapter, the user’s permit, any prohibition, effluent limit, or an administrative order issued pursuant to this Chapter; the City shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user. 13 3.ORDINANCE: Pursuant to the Authority of California Government Code Sections 54739-54740, any person who violates any provision of this Chapter; the user’s permit, any prohibition, effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this Chapter, the user’s permit, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to Federal and/or State legislative authorization. 4.ADMINISTRATIVE CIVIL PENALTIES a.Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: 1. 2. 3. any provision of this Chapter; any permit condition, prohibition, or effluent limit; or any suspension or revocation order. b.The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City’s requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or a designated representative. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. c.At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the Board. d. e. After the conclusion of the hearing, the General Manager shall complete a written report which includes a brief statement of facts, a review of the issues involved, conclusions, and a recommendation. Upon receipt of the written report, the Board shall make a determination regarding the issuance of a civil penalty against the user. The General Manager shall issue an administrative order regarding the civil penalty to the user within thirty (30) calendar 14 days after the hearing date. f.Civil penalties may be assessed as follows: 1.In an amount of at least $1000 a day for each violation by Industrial Users of Pretreatment Standards and Requirements; 2.In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; 33.In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the SBMWD; 44. 55. In an amount which shall not exceed five thousand dollars ($5,000.00) for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the SBMWD; In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the SBMWD. g. h. In determining the amount of such penalties, damages and costs, all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through a user’s violation, corrective actions by a user, the compliance history of the user, good faith efforts to restore compliance, threat to human health, to the environment and to the POTW. An order assessing administrative civil penalties issued by the SBMWD shall be final in all respects on the thirty-first (31st) day after it is delivered to the user unless a notice of appeal is filed with the Board pursuant to SBMWD Rules and Regulations no later than the thirtieth (30th) day following delivery of the notice. An order assessing administrative penalties issued by the Board shall be final. i.Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint. j.Payment of the administrative civil penalties shall be made within thirty (30) days of the date the administrative order becomes final. 15 A lien shall be placed against the user’s real property for any outstanding penalties which remain delinquent sixty (60) days. The lien shall not be in effect until recorded with the county recorder. The SBMWD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the administrative order becomes final. k.No administrative civil penalties shall be recoverable under SBMWD Rules and Regulations for any violation which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. Q.Criminal Penalty (CRIM) A Criminal Penalty may be issued to any user in violation of the user’s permit, SBMWD Rules and Regulations, or an enforcement action issued by the Director or has failed to comply with the requirements or conditions specified in previous enforcement action. A Criminal Penalty may also be issued to any user that willfully or 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 Chapter or the user’s permit, or which falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter. The CRIM shall be issued by the City Attorney or County District Attorney and shall include all penalties authorized by SBMWD Rules and Regulations. The penalties shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, and any relevant State laws. The user shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least $1,000 per day for each violation of the Industrial Users of Pretreatment Standards and Requirementsor imprisonment for not more than six months, or both, per violation per day. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, et seq. and amendments thereto, and shall apply to the exclusion of any other more lenient provision of this Chapter. A user shall be guilty of a separate violation for each day a violation of any provision of this Chapter or user’s permit is committed or continued by such user. R. S. SNC Publication Notice (SNC) All users determined to be in Significant Noncompliance shall be published at least annually in aa newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW. The SNC report shall include a name of the user and the provisions which were found to be in noncompliance. Written Appeal Procedures 1.Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of this Chapter or user’s permit, may file with the Director a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail 16 the facts supporting the user’s request for reconsideration. The Director shall render a ruling on the request for reconsideration to the user in writing within ten (10) business days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of this Chapter or user’s permit, may file with the General Manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. The General Manager shall render a ruling on the request for reconsideration to the user in writing within ten (10) business days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. 2. 3.If the ruling on the request for reconsideration made by the General Manager is unsatisfactory, the user may, within ten calendar days after receipt of notice of the General Manager’s ruling, file a written appeal with the Board, lodging such appeal with the SBMWD along with an appeals fee of one hundred dollars. All requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation, or denial shall be reviewed by the Board. All other hearing requests shall be at the sole discretion of the Board. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the decision, order, or enforcement action. The hearing shall be conducted within sixty calendar days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The Board shall make a ruling on the appeal within sixty calendar days from the date of filing and shall contain the findings of facts regarding the order. 4.The SBMWD shall have the burden of proof during these hearings and shall be responsible to submit a preponderance of evidence for all claims. The appellant may submit written evidence during the hearing to support the claims of the appellant. Formal rules of evidence shall not apply in the hearings under this Chapter. Evidence will be admissible it is relevant and of the sort on which responsible persons are accustomed to rely in conduct of serious affairs. The SBMWD reserves the right to adopt additional procedural guidelines governing the conduct of the hearings. 5.The ruling of the Board shall be deemed a final decision, order or action by the SBMWD which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San 17 Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the SBMWD under this Chapter without first having exhausted his or her administrative remedies set forth in this Section. 2.DETERMINING FACTORS A.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, or welfare, the environment, the POTW, or to any SBMWD, City or contract personnel. Minor violations are issued correction notices and written warnings; repeat discharge violations are issued an NMP or Notice of Violation; repeat non- discharge Ordinance violations are issued a Notice of Violation or a Violation Meeting Order; and chronic violations are issued escalated enforcement actions including Consent Orders or Compliance Orders. B.Duration of the violation. The length of time a violation has existed without being corrected will also impact the level of enforcement response. Violations that are not corrected within the specified timeframe required to comply shall result in the commencement of escalated enforcement. Violations that are easily and quickly corrected and are not major violations shall require minimum enforcement (e.g. Notice of Noncompliance or Warning Notice). The longer a discharge violation remains uncorrected shall result in escalated enforcement actions up to and including termination of sewer and/or water service and civil/criminal prosecution. C. D. E. Effect of the violation on compliance with discharge permit. The violation(s) may place the user in Significant Non-Compliance (SNC) as defined in 40 CFR 403.8. If SNC is detected, a Notice of Violation is issued and the user is published in the area's largest circulating newspaper on an annual basis. If the violation is serious enough, the user’s permit may be suspended or revoked, sewer and/or water service may be terminated, and penalties and fines may be levied pursuant to SBMWD Rules and Regulations. Effect of the violation on the operation of the POTW. The wastewater discharge may affect the wastewater treatment ability of the POTW, the beneficial reuse of POTW sludge, the integrity of the collection system, or threaten the safety of SBMWD, City, contract personnel and the public. In these cases, the user will be responsible for all damages incurred, including all penalties and fines that may be imposed on the City by regulatory agencies pursuant to SBMWD Rules and Regulations. Compliance history of the user. The level of enforcement is also impacted by the compliance history of the user. Repeat violations within a twelve month term will result in escalated enforcement action including the issuance of a Probation Order. In addition, escalated enforcement action will apply if the industrial user has a history of violations with ineffective corrections, repeated violations caused by negligence, and disregard for achieving compliance. Responsive compliance efforts may warrant a less strict enforcement action. 18 F.Good Faith by the User. Additional considerations factored in the enforcement response issued to a user may include the “Good Faith” efforts of the user. A "Good Faith" effort is defined as the user's honest intention to remedy the noncompliance with actions that support the intention, e.g. prompt expenditures for pretreatment equipment or contracting of consultants to correct the noncompliance. 19 3.ENFORCEMENT VIOLATION GUIDE DISCHARGE VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL First Discharge Violation In A 12 Month Period NNC – Resample For Pollutant(s)None ECT, ECO Second Discharge Violation In A 12 Month Period NOV - Noncompliance Monitoring Program Required $100 ECO NMP Violation(s) – Does Not Result In SNC NOV, PO – Complete Additional Monitoring $100, $100 ECO NOV, VMO, CONS, COMP, SHOW - Complete Additional Monitoring $100, $100, $500, $500, ECO $1000 NMP Violation(s) – SNC NOV, VMO, CONS, COMP – Complete Additional Monitoring Any Discharge Violation(s) Which Result In Quarterly SNC Status $100, $100, $500, $500 ECO, Director Any Discharge Violation(s) Which SHOW, Civil Or Criminal $1000, As Determined GM, Attorney ECO, Director,Results In Pass Through, Sludge Contamination, Or Interference Penalties – Submit Required Information Dilution Of Wastestream – First Offense ECA, ECT,NNC – Resample(s) Required NOV – Resample(s) Required None $100 $100 $100 ECO ECODilution Of Wastestream – Repeat Offense(s) Discharge pH Meter Indicates Noncompliance NOV – Comply With pH Discharge Requirements ECO Septic Waste Discharged at Illegal Site Or Noncompliant Septic Waste Discharged at WRP – First NOV – Submit Required Information ECO Septic Waste Discharged at Illegal Site Or Noncompliant Septic Waste Discharged at WRP - Repeat Offense(s) PRO, SHOW, Civil Or Criminal Penalties – Submit Required Information $100, $1000, As Determined ECO, Director ECODischarge of Any Prohibited Waste – First Offense NOV – Submit Required Information $100 VMO, PRO, SHOW, Civil Or Criminal Penalties – Submit Required Information $100, $100, $1000, As Determined Discharge of Any Prohibited Waste – Repeat Offense(s)ECO, Director 20 MONITORING VIOLATIONS RESPONSEVIOLATION PENALTY PERSONNEL Failure To Sample Or Resample Within Required Timeframe – First Offense, Does Not Result In NNC – Sample, Resample As Required ECA, ECT, ECONone Failure To Sample Or Resample Within The Required Timeframe – First or Repeat Offense(s), SNC NOV, VMO – Sample, Resample As Required $100, $100 ECO Improper Sample Location – First Offense ECA, ECT, ECONNC – Resample Required NOV – Resample Required NNC – Resample Required NOV – Resample Required NNC – Resample Required NOV – Resample Required None $100 None $100 None $100 None Improper Sample Location – Repeat Offense(s)ECO Improper Sample Collection Or Analytical Methods – First Offense ECA, ECT, ECO Improper Sample Collection Or Analytical Methods – Repeat Offense(s) ECO Failure To Monitor All Required Pollutants – First Offense ECA, ECT, ECO Failure To Monitor All Required Pollutants – Repeat Offense(s)ECO Failure To Install Flow, Monitoring, Or Pretreatment Equipment - Less Than 5 Days WN – Extension Request Required ECT, ECO ECO Failure To Install Flow, Monitoring, Or Pretreatment Equipment - Less Than 30 Days NOV – Extension Request Required $100 Failure To Install Flow, Monitoring, Or Pretreatment Equipment – More Than 30 Days NOV, VMO, CONS, COMP, SHOW – Complete Equipment $100, $500, ECO, Director Installation $100/day, $500, $1000 Failure To Maintain Or Operate Flow, Monitoring, Or Pretreatment Equipment – First Offense NNC – Complete Equipment Maintenance ECA, ECT, ECONone Failure To Maintain Or Operate Flow, Monitoring, Or Pretreatment Equipment – Repeat Offense(s) NOV – Complete Equipment Maintenance $100 ECO 21 REPORTING VIOLATIONS RESPONSEVIOLATION PENALTY PERSONNEL Falsification, Failure To Maintain, Or Incomplete Records, Reports - First Offense NNC – Records To Be Maintained ECA, ECT, ECONone Falsification, Failure To Maintain, Or Incomplete Records, Reports - Repeat Offenses(s) NOV – Records To Be Maintained $100 None ECO, Director ECT, ECO ECO Failure To Submit Records, Reports, Or Correspondence – Less Than 5 Days Late WN – Submit Required Information Failure To Submit Records, Reports, Or Correspondence – Between 5 And 30 Days Late NOV – Submit Required Information $100 Failure To Submit Records, Reports, Or Correspondence – More Than 30 Days Late, SNC NOV, VMO, CONS, COMP, SHOW – Submit Required Information $100/day, $100, $500, ECO $500, $1000 Failure To Report SMR Discharge Violation – First Offense ECA, ECT, ECONNC – SMR Report Required NOV – SMR Report Required None $100 None $100 Failure To Report SMR Discharge Violation – Repeat Offense(s)ECO Failure To Report Slug Load Spill – No Discharge To POTW – First Offense NNC – Slug Load Report Required ECA, ECT, ECO Failure To Report Slug Load Spill – No Discharge To POTW – Repeat Offense(s) NOV – Slug Load Report Required ECO Failure To Report Slug Load Spill NOV, CDO – Depending On – Discharge To SBMWD POTW – Severity – Submit Required $100, $250 ECO, Director $250, $500, First Offense Information Failure To Report Slug Load Spill CDO, CONS, COMP, SHOW, – Discharge To POTW – Repeat Offense(s) – Submit Required Information ECO, Director$500, $1000 Failure To Submit Additional Monitoring – First Offense NNC – Monitoring Results Required ECA, ECT, ECONone Failure To Submit Additional Monitoring – Repeat Offense(s) NOV – Monitoring Results Required $100 ECO 22 PERMIT VIOLATIONS RESPONSEVIOLATION PENALTY PERSONNEL Failure To Submit Permit Application Or Renewal By Due Date WN – Submit Required Permit Application None ECT, ECO Failure To Submit Permit Application Renewal Before Current Permit Expiration Date NOV – Submit Required Permit Application $100 $100 ECO ECO Failure to Submit Information In Permit Application Which Results In A Permit Reclassification NOV – Permit Modification Required Failure To Comply With Any Permit Condition Or Requirement – First Offense NNC, NOV – Depending On Severity ECA, ECT, ECONone, $100 Failure To Comply With Any Permit Condition Or Requirement – Repeat Offense(s) NOV, CONS, COMP, SHOW – Depending On Severity $100, $500, ECO, Director, $500, $1000 GM Unauthorized Or Unpermitted Discharge – First Offense - No Harm To The POTW NNC – Submit Required Information None $100 ECO Unauthorized Or Unpermitted Discharge – Repeat Offense(s) - No Harm To The POTW NOV – Submit Required Information ECO Unauthorized Or Unpermitted Discharge – First Offense - Harm To The POTW NOV, CONS, COMP, SHOW - Depending On Severity – Submit Required Information $100, $500, $500, $1000 ECO, Director ECO, Director Unauthorized Or Unpermitted Discharge – Repeat Offense(s) - Harm To The POTW CDO, COMP, SHOW, Civil Or Criminal Penalties – Submit Required Information $250, $500, $1000, As Determined Failure To Submit Required Permit Information Or Any Process Modifications – First NNC – Submit Required Information ECA, ECT, ECONone $100 $100 Failure To Submit Required Permit Information Or Any Process Modifications – Repeat NOV – Submit Required Information ECO Failure To Implement FWMP Requirements – First Offense NOV – Submit Required Information ECO VMO, CONS, COMP, SHOW- Submit Required Information Failure To Implement FWMP Requirements – Repeat Offense(s) $100, $500, $500, $1000 ECO, Director 23 MISCELLANEOUS ORDINANCE VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL Denial of Entry To Perform Monitoring Or Inspection – First Offense NOV – Permit EC Entry $100 ECO Denial Of Entry To Perform Monitoring Or Inspection – Repeat Offense(s) VMO, COMP, SHOW – Obtain Inspection Warrant $100, $500, ECO, Director, $1000 GM, Attorney Spill Containment Not Present Or Inadequate NNC – Install Or Correct Spill Containment ECA, ECT, ECONone Spill Containment Not Properly Maintained – First Offense NNC – Maintain Spill Containment Area ECA, ECT, ECONone NOV, VMO, COMP, SHOW – Maintain Spill Containment Area Spill Containment Not Properly Maintained – Repeat Offense(s) $100, $100, $500, $1000 ECO, Director Material Not Properly Spill Contained – First Offense ECA, ECT, ECONNC – Spill Contain Material None NOV, VMO, CONS, COMP, SHOW – Spill Contain Material $100, $100, $500, $500, ECO, Director $1000 Material Not Properly Spill Contained – Repeat Offense(s) Plan Check Project Initiated Without Environmental Control Authorization – First Offense NNC, WN – Comply With EC Requirements None ECA, ECO Plan Check Project Initiated Without Environmental Control Authorization – Repeat Offense(s) NOV, SWO, CDO - Comply With EC Requirements $100, $100, $250 ECO, Director Illegal Water Softening Equipment NNC – Comply With Soft ECA, ECT, ECONoneInstalled – First Offense Water Regulations NOV, VMO, CONS, COMP, SHOW – Comply With Soft Water Regulations $100, $100, $500, $500, ECO, Director $1000 Illegal Water Softening Equipment Installed – Repeat Offense(s) Industrial/Domestic Wastestreams Not Separated Before Pretreatment Or Monitoring – First Offense NNC – Wastewater Required To Be Separated ECA, ECT, ECONone Industrial/Domestic Wastestreams NOV, VMO, CDO, CONS, Not Separated Before Pretreatment COMP, SHOW – Wastewater Or Monitoring – Repeat Offense(s) Required To Be Separated $100, $100, $250, $500, ECO, Director $500, $1000 24 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 5 NEW SERVICE INSTALLATION AND WATER CAPACITY CHARGES 1.0 REQUEST FOR SERVICE: There are two (2) categories of requests for service: 1. Request for service through an existing service connection; or 2. Application for a new service connection. Requests for services will fall into the following subcategories: 1. Domestic Service 2. Landscape Service 3. Fire Service 4. Combination Domestic/Landscape Service 5. Combination Domestic/Fire Service 6. Fire Hydrant (Public) The Water Department will require any Applicant requesting service to complete an Application for domestic water service located in Exhibit A and sign appropriate forms provided by the Water Department, and to pay all required fees, and charges. The Applicant may request a water commitment for service in the form of a Will Serve Letter. If a Will Serve Letter is desired, the Application located in Exhibit A shall be completed by the Applicant. A separate landscape irrigation meter shall be required for all new service connections that serve a parcel containing more than 5,000 square feet of irrigated landscape area for all commercial and industrial developments. Notwithstanding any provision in the Rules and Regulations, payment of fee or construction of water facilities at a developer or Water Department's expense, the Water Department may deny any request for a water commitment or request for a service connection if the Water Department has an inadequate amount of water supply, or there are physical limitations in the system capacity to serve the proposed Applicant and simultaneously maintain an adequate On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the BOWC determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 2 level of service to existing customers, or compromises public health and welfare. 1.1 Inaccurate/Insufficient Information In the event information provided by the Applicant is found to be inaccurate or insufficient after work has commenced or service has been turned on, the Applicant will pay any and all costs and/or fees, and charges, necessary to effect corrective action and Rule and Regulation compliance. The above will also apply in instances of onsite changes necessitating corrective action or modification to the service connection. 1.2 Application/Request For Information (RFI) Fee All Applicants will be required to pay the appropriate Application/Request For Information (RFI) fee prior to the Water Department processing any such RFI or Application. The Application/RFI form is attached to the end of this Rule and Regulation as Exhibit A or can be retrieved on- line at: http://www.sbmwd.org/ 2.0 WATER DEPARTMENT-INSTALLED SERVICES: At time of application and payment of application fee, the Applicant shall request the size and type of service(s) desired and location(s) by address and Assessor's Parcel Number (APN). Customer Service will send receipt of application payment to Engineering where an Applicant service installation cost in the form of a work order invoice will be generated documenting total service installation costs by Water Department personnel to be paid by the Applicant. Applicant shall pay the application fee required in Section 1.2 of this Rule and Regulation at the Water Department Customer Service prior to Water Department Engineering preparing the service work order invoice. The Applicant shall pay the fee documented on the service work order invoice at Water Department Customer Service for such service connection prior to service installation. 3.0 DEVELOPER-INSTALLED SERVICES: The Applicant may, upon Water Department approval, have the service(s) installed by a licensed contractor acceptable to the Water Department if the Applicant will be entering into a Developer-Installed Agreement with the Water Department for water main extensions per Rule and Regulation No. 20. The Applicant for developer-installed services shall obtain On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 3 and adhere to the guidelines of the Developer-Installed Agreement (includes contractor insurance requirements, bonding, city street cut permit, Water Department’s Standards For Design and Construction For Water System Improvements (Design Standards), Water Department's Standard Specifications and Drawings for Construction of Domestic Water Systems (Standards), and inspection by Water Department personnel or assigned designee and pay all associated administration and engineering fees, capacity charges (except when a Payment Bond is posted in the amount of 25 percent of the capacity charge in advance per Rule and Regulation No. 20), and meter cost as established within this Rule and Regulation. All developer-installed domestic, landscape, or any combination of meter services installed within dedicated City/Water Department right-of-way shall be conveyed fee- title to the Water Department prior to or at the time of service activation and shall conform to Water Department's Standards. A.WATER CAPACITY CHARGE 1. The water Capacity Charge will apply to all new domestic and landscape meter service applications and/or service diameter increases and is based upon the instantaneous water demand that each service size imposes on the municipal water system. 2. Multiple family dwelling units, as defined in Rule and Regulation No. 1, shall be charged based on a 0.50 equivalent meter unit ratio (EMU), equivalent to 50 percent of the capacity charge for a single 5/8" x 3/4" service per dwelling unit or by meter size if property is to be master-metered, whichever is the greater amount. 3. All capacity charges shall be paid prior to any water service connection or at the time of application for any new construction and shall be in addition to all other charges imposed by the Water Department, except when entering into a developer-installed agreement per Rule and Regulation No. 20 and a Payment Bond is posted to cover 25 percent of the total water capacity charge in advance of the execution of the developer- installed agreement. On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 4 WATER CAPACITY CHARGE DOMESTIC AND LANDSCAPE SERVICES(1) SIZE OF SERVICE 5/8" 3/4" 1" MAX FLOW (GPM) 20.00 30.00 50.00 WATER CAPACITY CHARGE 7/01/20(2)EMU 1.00 1.50 2.50 $5,630.00 $8,445.00 $14,075.00 1-1/2" 2" 5.00 8.00 100.00 160.00 $28,150.00 $45,040.00 3" 4" 6" 8" 10" 12" 25.00 50.00 80.00 140.00 275.00 275.00 500.00 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined 1,000.00 1,600.00 2,800.00 5,500.00 5,500.00 (1) Capacities for meters 3-inches and above are for the Department standard high-velocity meters. There are several applicable factors that are considered for site specific large meter installations, and since these specific operating criteria may affect the maximum meter capacity, the Water Capacity Charges for the 3-inch and larger installations are to be determined on a case-by-case basis. (2) On July 1 of each calendar year, the Water Capacity Charge shall automatically increase in proportion to the published twelve-month increase measured in September each year in the Construction Cost Index. This index is published in “Engineering News Record,” a publication of McGraw-Hill, Inc.The Board of Water Commissioners may, at its option, determine by resolution adopted prior to November 1, that such an increase shall not be effective for the next succeeding fiscal year (always starting on July 1).In the event the Construction Cost Index has not changed or has decreased, the charge shall not be changed. B.WATER CAPACITY CHARGE CREDIT 1. When an existing water service is increased in size, the amount of water capacity charge due is calculated from the difference between the requested larger capacity charge minus the existing service size capacity charge. Any existing capacity charge credit available for the parcel requesting upsizing may be utilized to offset the capacity charge amount due. If credit is larger than the amount due for the upgrade, the amount left over will remain indefinitely. If the credit does not cover the amount due, then the On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 5 difference is calculated and due prior to installation. For existing services that were installed prior to November 1, 2019, capacity charge credit will not exceed the EMU (previously referred to as EDU) of when the service was originally installed. 2. When an existing water service is decreased in size, the capacity charge credit is calculated by the difference in the current capacity charge of the larger service to the smaller service. This credit shall remain with the parcel indefinitely. However, the Department will not be solely responsible for tracking any remaining capacity charge credit. If the Department is unable to verify an existing credit, the owner shall be responsible for providing evidence of any remaining capacity charge credit balance. 3. The capacity charge credit may only be used to offset capacity charges for water service upgrades. No refunds of capacity charges will be made, no exceptions. 4. Capacity charge credits may only be applied toward the parcel utilizing the service and is non-transferable to other parcels held by the same or different owners. 5. Capacity charge credits from two or more separate parcels may be applied toward one parcel capacity charges if the individual parcels were legally merged into the one parcel. 6. All domestic, and landscape, service capacity credits are to be considered interchangeable within the same parcel when requesting a new service and utilizing any capacity credit. DEVELOPER-INSTALLED SERVICE(S) FEES & CHARGES Developer-installed service applications will only be considered with tract or parcel map developments with Developer-installed Agreements per Rule and Regulation No. 20. All other service requests will be installed by the Water Department. On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 6 C.DEVELOPER-INSTALLED SERVICES GENERAL RULES 1. Domestic, Landscape, or Fire Service Meter - Developer shall purchase meter from Water Department, no exceptions. 2. Capacity charge based upon size of meter being installed, except when multiple family dwelling units require service as listed in paragraph A of this Rule and Regulation. 3. Capacity charge for combination domestic/fire shall be based upon size of domestic meter as listed in paragraph A of this Rule and Regulation. 4. Minimum fire service meter size is 1". 5. Capacity charge for combination domestic/landscape service shall be based upon size of largest meter being installed. DEPARTMENT-INSTALLED SERVICE(S) FEES & CHARGES DEPARTMENT-INSTALLED SERVICESD. 1. Water Service shall be executed by completing the attached Application/RFI Form in Exhibit A and payment of the application fee and total installation cost per the attached tables at Water Department Customer Service. If a service requested is not listed on the attached tables or has a total cost stated as "To Be Determined (TBD)", a work order will be issued to Water Department Engineering to calculate the total service installation fees and charges and provide a service work order invoice to the Applicant per Note 2 below. 2. Water Department Engineering shall prepare a service installation cost invoice documenting service installation costs and unusual installation conditions, all applicable standard drawings and provide to the applicant. Applicant shall pay all applicable fees outlined in the invoice at Customer Service. Customer Service shall issue a work order for service installation upon payment of fees in full. 3. Department-Installed Services - Cost includes all labor, equipment, materials, administration, and engineering fees and capacity charges. 4. Capacity charge based upon size of meter and cannot be deferred. On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 7 DEPARTMENT-INSTALLED DOMESTIC METER SERVICE Size of Service Installation Cost Water Capacity Charge Total Cost TBD5/8" X 3/4" 3/4" X 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $5,630.00 $8,445.00 $14,075.00 $28,150.00 $45,040.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD10" 12" TBD TBDTBD DEPARTMENT-INSTALLED LANDSCAPE METER SERVICE Size of Service 5/8" X 3/4" Installation Cost Water Capacity Charge Total Cost TBDTBD$5,630.00 3/4" X 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" 10" 12" TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $8,445.00 $14,075.00 $28,150.00 $45,040.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBDTBD On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 8 DEPARTMENT-INSTALLED COMBINATION DOMESTIC - LANDSCAPE METER SERVICE Water Capacity Charge Installation CostSize of Service 5/8" x 3/4" Total Cost Domestic x 5/8" x 3/4" Landscape TBD TBD $5,630.00 $8,445.00 TBD TBD 3/4" x 3/4" Domestic x 3/4" x 3/4" Landscape 1" Domestic x 1" Landscape TBD TBD TBD $14,075.00 $28,150.00 $45,040.00 TBD TBD TBD 1-1/2" Domestic x 1-1/2" Landscape 2" Domestic x 2" Landscape 3" Domestic x 3" Landscape TBD TBD TBD TBD TBD TBDOthers DEPARTMENT-INSTALLED COMBINATION DOMESTIC - FIRE SERVICE Installation Cost Water Capacity ChargeSize of Service Total Cost 5/8" x 3/4" Domestic x 1" Fire TBD $5,630.00 TBD 3/4" x 3/4" Domestic x 1" Fire TBD TBD TBD $8,445.00 TBD TBD TBD 1" Domestic x 1" Fire $14,075.00 Use Domestic Capacity Charge Others On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 9 DEPARTMENT-INSTALLED FIRE SERVICE Installation Cost Water Capacity ChargeSize of Service 1" Fire Service 1-1/2" Fire Service 2" Fire Service 3" Fire Service 4" Fire Service 6" Fire Service 8" Fire Service 10" Fire Service Total Cost TBD Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Not Applicable Not Applicable TBD TBD12" Fire Service DEPARTMENT-INSTALLED FIRE HYDRANT Installation Cost Water Capacity ChargeSize of Service Total Cost 6" Fire Hydrant (Recommended For Industrial Use) TBD Not Applicable TBD 6" Fire Hydrant (Recommended For Residential Use) TBD Not Applicable TBD DEPARTMENT-INSTALLED INDUSTRIAL FIRE HYDRANT REPAIRS Water Capacity Charge Installation Cost Total CostSize of Hydrant All Types of Fire Hydrant Repairs Not ApplicableTBD TBD DEPARTMENT-INSTALLED RESIDENTIAL FIRE HYDRANT REPAIRS Water Capacity Charge Installation Cost Total CostSize of Hydrant All Types of Fire Hydrant Repairs Not ApplicableTBD TBD On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Rule and Regulation No. 5 – Effective April 1, 2020 New Service Installation and Water Capacity Charges Page 10 DEPARTMENT-PERFORMED SERVICE ABANDONMENT (SERVICE KILL)** Size of Service All Service Sizes Total Cost TBD **Note: Department-performed service kills are for upgrades or relocations only. Costs for all other kills to be determined. DEPARTMENT PERFORMED MAIN TIE-IN FOR DEVELOPER-INSTALLED MAIN EXTENSION PER W3.5 AND W4.6 Size of Tap/Tie-in All size Tie-ins Total Cost TBD Approved by Water Board: March 10, 2020 Effective: April 1, 2020 Supersedes: November 1, 2019 On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. SBMWD USE ONLYEXHIBIT A RULE AND REGULATION NO. 5 Assigned to:__________________ By:___________________________ WATER SERVICE APPLICATION REQUEST FOR INFORMATION Water Utility Engineering Please complete by: ______________________________ Eng WF# ______________________ EPM Tracking#_________________ San Bernardino Municipal Water Department --------------------*Please allow 3 to 4 weeks for Response to Application/Request for Information.SERVICE/REQUEST FEASIBLE □Yes □ No□ Date of the Request:_____________________ □ Project Title: ______________________________________________________________________________________ □ Address of Property to be Served: ____________________________________________________________________ PROJECT INFORMATION: Name of Lots/Units: _____________Gross Acres: _____________Number of Services: _____________ □ Individual Meters □ Master Metered Irrigated Landscape Area:_________Sq. Ft. Is this property served by a well or other source of water? □ Yes □ No (If yes, is well to be abandoned?) □ Yes □ No Commercial □Industrial □Residential □ APPLICANT INFORMATION: □ Name of Applicant:________________________________________________________________________________ □ Contact Name: ___________________________________________ Contact Phone: (_____) _____ - ___________ □ Mailing Address: _________________________________________________________________________________ □ Phone: _________________________________________Fax: ____________________________________________ □ E-mail: _________________________________________________________________________________________ □ Assessors Parcel Number of Parcel to be Served:_____________________________ □ Does Parcel Currently have a Water Service? □ Yes □ No □ Don't know If Yes, SBMWD Account No. ____________________________ PROPERTY OWNER INFORMATION: □ Name of Property Owner: __________________________________________________________________________ □ Address of Property Owner: _________________________________________________________________________ ____________________________________________________________________________________________ □ Phone Number of Property Owner: (_____) ______ - ___________ CONTRACTOR INFORMATION: □ Name of Contractor: _______________________________________________________________________________ □ Address of Contractor: _____________________________________________________________________________ _____________________________________________________________________________________________ □ Phone Number of Contractor: (_____) ______ - ___________ On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. EXHIBIT A RULE AND REGULATION NO. 5 (CONTINUED) TYPE OF REQUEST*: CATEGORY (check all that apply): □ Request For Service Through An Existing Service Connection □ Application for a New Service Connection Service Categories: If either of the two boxes is checked above, please indicate service category: For domestic/landscape services 1-1/2" and greater, please attach service demand calculations signed and stamped by a registered engineer/ architect. □ Domestic Service: Requested Service Size ______ inch □ Landscape Service: Requested Service Size ______ inch Quantity Desired: ______ Service Demand: ______ GPM □ Combination Domestic/Fire Service: Requested Service Size ______ inch Quantity Desired: ______ □ Combination Domestic/Landscape Service: Requested Service Size ______ inch Quantity Desired: ______ Requested Service Size ______ inch Quantity Desired: ______ Quantity Desired: ______ Service Demand: ______ GPM □ Fire Service: □ Fire Hydrant (Public):Quantity Desired: ______ □ Service Abandonment □ Service Relocation □ Fire Flow Request □ Will-Serve Letter Size ______ Size ______ Quantity Desired ________ Quantity Desired ________ □ Other (Explain) ____________________________________________________________________________________ ____________________________________________________________________________________________ *A nonrefundable fee will be required to process all requests as listed in the schedule of fees below. Applicants shall fill out this form and submit payment to: SBMWD Customer Service for payment at 1350 “E” Street, San Bernardino, CA 92408. Upon receipt of payment, Customer Service shall issue a work order to SBMWD Engineering to initiate processing of the application SBMWD will not process any request(s) without receipt of payment and confirmation of same by SBMWD Customer Service. □ What is the intended use of the information being requested? ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ □ Please indicate a desired media: □ Hard Copy □ Computer file (CD Rom)□ Email Copy ______________________________________________________________________________________________ SCHEDULE OF APPLICATION/RFI FEES SERVICE SIZE (IN) APPLICATION FEE OTHER CATEGORIES APPLICATION FEE 5/8" thru 3" 4" thru 12" $180.00 $445.00 Will Serve Letter Fire Flow Test (Modeled) $180.00 $175.00 Public Fire Hydrant $445.00 Fire Flow Test (Field) $330.00 Service Relocation Service Abandonment $180.00 $180.00 Note: Payment for service is not a guarantee of service until service feasibility is verified by SBMWD. If a request is deemed infeasible, all fees shall be refunded to the Applicant except for nonrefundable application fee. On July 1 of each year the Water Capacity Charge will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the Water Board determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATIONS NO. 6 PAYMENT OF BILLS Bills are due and payable at the office of the City of San Bernardino Municipal Water Department (Department) on the date they are mailed their property owners, tenants, or designated agents. If payment is not received within nineteen (19) days after mailing, the bill will be considered delinquent and a two-dollar ($2.00) delinquency notification fee will be applied to the customer’s account upon generation of the "Reminder" notice. If payment is not received 64 days after the original mailing, a two-dollar ($2.00) delinquency notification fee will be applied to the customer’s account upon generation of the "Shut Off" notice. Should an onsite notification of disconnection of service be posted to the service address where service is provided, a twenty-dollar ($20.00) site notification fee will be applied to the customer’s account. Water service may be discontinued if payment is still not received seventy-nine (79) days after the original mailing, without any additional notice. If an account is eligible for delinquency-shut off and the work order is sent to the field a service charge in the amount of fifty ($50.00) dollars will be applied to the customer’s account. Service will not be reinstated until all past due charges have been paid, including the service charge plus a deposit as required in Rule & Regulation No. 8. Payment after shut-off may only be made in cash or by credit card. No checks, including e-checks, will be accepted. Failure to receive a bill does not relieve a consumer of liability for payment. Unpaid bills shall be considered a debt to the City. Any person, firm or corporation failing or refusing to pay said indebtedness shall be liable to an action on the part of the City, for the collection of all unpaid charges. A consumer's water service may be discontinued with proper notification for nonpayment of a bill for service rendered at a previous location served by the Department, provided said bill is not paid within seventy- nine (79) days of the original mailing. Checks or Credit Card Payments issued as payment of bills will be subject to a thirty($30.00) dollar charge if returned or charged back to the Department. The most common reasons for returned checks are insufficient funds, stopped payments, closed accounts and unable to locate accounts. Approved by BOWC: Effective: March 10, 2020 April 1, 2020 Supersedes: December 10, 2019 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT A. SERVICE APPLICATION 1.Pursuant to Chapter 2.28 of the San Bernardino Municipal Code, the City of San Bernardino has approved the Rules and Regulations of the Board of Water Commissioners. 2.Each prospective customer or their authorized agent shall apply for service, establish credit as defined in Section B. Establishment and Re-establishment of Credit, and pay a deposit, if required, as stated in Section C. Deposits. 3. 4. The Department's requirements for water service, by rate classification, must be met before an application will be approved. If the water main service connection or meter required for service has not been installed and/or paid for in full, the applicant will be informed of the terms and conditions which must be met before an application for service will be approved. Each applicant for service will be required to complete an application which will contain the following information as applicable: ➢Full legal name of applicant, spouse, partnership or corporation ➢ ➢ ➢ ➢ ➢ ➢ Date application for service is made Date customer took possession of service location Service address Billing address Telephone number Relationship to service address, i.e., owner, tenant, subtenant, property manager, etc. Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 2 ➢ ➢ Proof of prior residence that is acceptable to the Department Information to establish credit of applicant (See Section B. Establishment and Re-establishment of Credit) ➢Such other information or documentation as the Department may reasonably require. For example, title documentation, quitclaim deed, letter of authorization, Doing Business As (D.B.A.), rental agreement, etc. 5.In the event that the customer is either a corporation or partnership, the Department considers thea customer to be the corporation or partnership as it exists at the time of application. The Department must be notified of any dissolution, merger, consolidation, reorganization, change of principals or sale of said business entity. Any of these actions shall be deemed a termination of service and the new organization must make an application for service and establish credit. 6. 7. 8. The application is a request for service. It does not, in itself, require the Department to provide service to the applicant. The Department reserves the right to deny service if the application is not wholly accurate or complete.The customer of record will be responsible for all charges incurred by such service, regardless of circumstance. The application for service signifies the customer's willingness and intention to comply with all City of San Bernardino Municipal Water Department rules and regulations, which may be subject to change. A copy of our rules and regulations shall be available for public viewing at the customer service receptionist desk and on the Department’s website After the Department accepts the application for service, the customer assumes exclusive and total responsibility and liability for all charges incurred from either the requested service date or the actual Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 3 date of possession, whichever is earlier. If two (2) or more persons submit a joint application for service, they shall be jointly and severally liable thereunder and shall be billed by means of a single monthly bill mailed to the person they designated on the application to receive the bill. 9.All requests for water service must be made at least one (1) business day prior to start of service. 10. The customer(s) of record is responsible for the account until such time they notify the Department to discontinue service. A minimum of one (1) business day advance notice is required. Customers terminating service by telephone or in person shall be issued a unique confirmation number at the time of the request, which will assist the customer as well as the Department if there are any future questions as to final date of responsibility. Customer(s) who dispute the final date of responsibility and fail to provide the Department with the termination confirmation number will not be released from their obligation. Customer(s) will be so informed and will be requested to retain this number with their records. 11. If a former customer has an outstanding delinquent balance owed to the Department and thereafter makes application for new service, service shall not be granted until the past due balance is paid. A deposit may also be required prior to establishment of service at the new address. (See Section B. Establishment and Reestablishment of Credit) 12. Any person who seeks to submit an application for service at a location in which they have already resided but were not the customer of record shall not be granted service until all outstanding balances for service are paid in full.A deposit may also be required prior to establishment of service. (See Section B. Establishment and Re-establishment of Credit) Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 4 13. Any person(s), partnership, corporation or entity using water without making proper application for such service shall be responsible for all charges associated with the service. The amount of such charges shall be determined by the Department, based on meter reading or estimated consumption for the time the service was used. Liability for all charges is in addition to any other civil or criminal penalty authorized by law. When the Department finds that the service is being used without proper application, the Department may discontinue service without notice. Further, the Department shall not provide service until such time as all outstanding charges are satisfied and a proper application for service has been submitted and accepted. 14. In the event that a master-metered residential service, which is in the owner’s name, is discontinued due to nonpayment, the tenants shall be notified of their right to become customers, upon making an acceptable application for service. The new customer of record will not be required or obligated in any way to accept responsibility for or to pay any portion of the existing balance due. The Department, however, is not required to make service available to the residents unless each resident agrees to the terms and conditions of service as described in the City of San Bernardino Municipal Water Department Rules and Regulations. Specific terms of agreement are: a. All current adult tenants must be listed at the time of application, by: 15. Full name ➢ ➢ Apartment or unit number Acceptable identification,such as driver's license, state identification cards and social security number. b. The person or persons who apply for service shall be responsible and liable for all charges for the Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 5 life of the account. In the event this account is discontinued due to delinquency non-pay, service shall not be restored until such time as all outstanding charges and fees are paid in full, which may include an additional request for deposit. No other application will be accepted from any other tenant, until such time all outstanding charges and fees are paid in full. c. Deposit requirements must be paid prior to service. (See Section C. Deposit) B.ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT 1.Establishment of Credit a. Residential Single Family Water Service: Each applicant for service will be required to establish and maintain a satisfactory guaranty, by way of deposit, for payment of all current and future charges in connection with such service. However, the deposit may be waived where it appears to the Department that the applicant's credit, based on the Department’s criteria, is sufficient to assure payment of all charges as they become due. The Department’s criteria is, in order of priority: 1. Twelve (12) consecutive months of good payment history as defined herein with the Department, and 2. Creditworthiness as established by a national credit-reporting agency. The deposit requirement will be waived if the applicant has a minimum of twelve (12) consecutive months of good payment record with the Department and the account is not closed for more than two (2) years from the date of the current application. Good payment history is defined as an account which over the most recent twelve (12) months has: ➢No delinquency shut-offs Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 6 ➢ ➢ ➢ ➢ ➢ ➢ ➢ No final disconnection (48 hour) notices No returned checks for non-sufficient funds No tampering No cross-connections No unauthorized use of service No bankruptcy, any chapter No fraud or attempted fraud If the customer does not have either a past account with us or a past account that meets our criteria for good payment history, then the customer has the option to authorize the Department to validate their creditworthiness as determined by a credit profile from a national credit reporting agency. ➢ ➢ This credit report shall be at the Department’s expense. If the deposit waiver is denied based, in part or whole, on the credit report, the applicant shall be issued a letter from the Department informing them of their rights as required by the National Fair Credit Reporting Act. Information required for applicants to establish and maintain creditworthiness include, but is not limited to the following: ➢ ➢ ➢ ➢ Date of birth Spouse or second applicant's date of birth Employer's name, address, telephone number Spouse or second applicant's employer's name, address, telephone number ➢ ➢ ➢ Driver's license number and social security number Spouse or second applicant's driver's license and social security number Tax identification number Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 7 ➢Such other information and/or documentation as the Department may reasonably require. For example, State of California identification, valid passport, etc. The furnishing of the social security or driver’s license number is voluntary. If the social security number is not volunteered, then the customer must provide a deposit equal to three (3) months average billing. If the driver’s license is not available, then the customer will be identification, such as a State of California identification card or other documentation acceptable to the Department. required to provide other acceptable Unless the guaranty (deposit) is required, each applicant’s credit shall be deemed established and thereafter maintained in good standing. However,a guaranty may be required if the account experiences any of the following over the current twelve (12) month period: ➢ ➢ ➢ ➢ ➢ One (1) delinquency shut-off Two (2) final disconnection (48 hour) notices Two (2) returned checks Any incident of tampering Any incident of cross-connection or other unauthorized use of service ➢ ➢ ➢ Bankruptcy, any chapter Fraud or attempted fraud If information is obtained which indicates that the customer's credit has become impaired, such as a pending sale of property, bankruptcy, foreclosure, etc. b. Non-Residential Water Service: Each applicant will be required to establish and maintain a satisfactory guaranty, by deposit, for payment of all current and future charges in connection with such service (See Section C. Deposit). However, Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 8 if the applicant is or has been a recent customer of the Department, (within three (3) years or less), and has established a good payment history for the most recent twenty-four (24) month period, their credit may be deemed sufficient to assure payment of any charges as they become due. The account criteria are as follows: ➢ ➢ Any delinquency shut-offs One (1) or less final disconnection (48 hour) notices ➢One (1) returned check for non-sufficient funds within twenty-four (24) billing cycles. Any tampering➢ ➢ ➢ ➢ ➢ Any cross-connections Any unauthorized use of service Any bankruptcy, any chapter Any fraud or attempted fraud Unless the guaranty is required, each applicant's credit shall be deemed established and thereafter maintained in good standing. A future guaranty would be required if the account should experience any of the following: ➢ ➢ One (1) delinquency shut-off Two (2) final disconnection (48 hour) notices within the current twelve (12) billing cycles Two (2) returned checks for non-sufficient funds ➢ ➢ ➢ ➢ ➢ ➢ ➢ Any tampering Any cross-connection Any unauthorized use of service Bankruptcy, any chapter Fraud or attempted fraud If information is obtained which indicates that the customer's credit has become impaired. c. Temporary Construction Water Meter Service: Each applicant will be required to establish and Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 9 maintain a satisfactory Guaranty, by deposit for payment of all charges in connection with such service as well as the replacement cost of the meter. (See Section C. Deposit). The customer is responsible for the meter, its proper working order and all consumption, (metered as well as estimated), and is fully liable for any damages or loss arising out of the use of said meter. 2.Re-establishment of Credit Any customer may be required to re-establish credit in any of the following cases: ➢ ➢ ➢ On the day the Department schedules field staff to shut-off water service for delinquency non-pay If the account is scheduled for delinquency shut off If the water service has been discontinued for violation of Water Department Rules & Regulations ➢ If the applicant’s credit has not been maintained as required by this Rule ➢If, for any reason, the guaranty furnished by the customer becomes inadequate pursuant to the provisions of this Rule ➢ ➢ ➢ If the account has two (2) or more final disconnect notices If the Department has ever placed a lien on any of the customer’s properties If the customer has an outstanding balance from any previous account with the Department C.DEPOSITS 1. Residential Single-Family Accounts: If a guaranty is required by the Department to initiate service, as defined in Section B. Establishment and Re-establishment of Credit, the Department may require a deposit equal to three times the estimated average monthly bill inclusive of all services billed. Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 10 Deposit Refund (Residential): Any residential single- family customer who has established a good payment history for the most recent twenty-four (24) month period, their credit shall be deemed sufficient to assure payment of any charges as they become due. Their existing deposit shall be returned to them or applied to their account. The good payment criteria are as follows: ➢ ➢ ➢ No delinquency shut-offs No final disconnection (48 hour) notices No returned checks for non-sufficient funds within twenty-four (24) billing cycles No tampering No cross-connections No unauthorized use of service No bankruptcy, any chapter ➢ ➢ ➢ ➢ ➢No fraud or attempted fraud 2. Non-Residential Accounts: If a guaranty is required by the Department to initiate service, as defined in Section B. Establishment and Re-establishment of Credit, we will require a deposit equal to four (4) times the average monthly bill, inclusive of all services billed. If, for any reasons, the guaranty furnished by the customer becomes inadequate, the Department reserves the right to collect such additional deposit as we deem necessary to guaranty all future bills. Deposit Refund (Non-Residential): Any non-residential customer who has established a good payment history for the most recent twenty-four (24) month period, their credit shall be deemed sufficient to assure payment of any charges as they become due. Their existing deposit shall be returned to them or applied to their account. The good payment criteria are as follows: ➢ ➢ ➢ No delinquency shut-offs No final connections (48 hour) notices No returned checks for non-sufficient funds within twenty-four (24) billing cycles No tampering➢ Rule and Regulation No. 8 APPLICATION FOR SERVICE, CREDIT, AND DEPOSIT Page 11 ➢ ➢ ➢ ➢ No cross-connections No unauthorized use of service No bankruptcy, any chapter No fraud or attempted fraud 3. Temporary Construction Meter Water Service:All applicants must pay a $40.00 account establishment fee and security deposit based upon replacement cost of said meter, by meter size. The deposit amount required will be quoted at the time of application. In addition, all construction meters may require an additional deposit equal to four (4) estimated usage. Deposit Refund (Temporary Construction Meter Water Service): When the account is terminated and the meter returned to the Department, the deposit shall be refunded, after paying any outstanding balances owed. If the meter is lost, stolen or damaged, the customer is fully liable for all costs required to either repair and/or replace said meter. The costs for the repair and/or replacement for said meter will be deducted from the deposit. 4. No interest shall be paid on deposits collected by the Department. Approved by Water Board: Effective: March 10, 2020 April 1, 2020 July 25, 2006Supersedes: CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 S “E” St. San Bernardino, California 92408 RULE AND REGULATION NO. 10 ACQUISITION, DISCONTINUANCE AND RESTORATION OF SERVICE The City of San Bernardino Municipal Water Department (Department) can be contacted by phone at (909) 384-5095 to discuss options for averting discontinuation of water service for nonpayment under the terms of this Rule and Regulation. This Rule and Regulation will be made available on the Department’s website in the following languages: English, Spanish, Korean, Vietnamese, Tagalog and Chinese(Mandarin). A. Acquisition of Service: 1. As defined in Rule and Regulation No. 5, a customer request for service through an existing service connection will be charged a forty dollar ($40.00) account establishment fee. 2. All applications received on a business day will be connected the next business day. 3. A fee of one-hundred fifty dollars ($150.00) will be charged for a same business day after- hours service connection. That fee will be refunded if, at the discretion of field staff, the after-hours service connection cannot be completed without safety risks to employees. 4. Any request for service is subject to the terms of Rule and Regulation No. 8, Application for Service, Credit, and Deposit. B. Discontinuance of Service at Customer Request 1. Service may be discontinued at the customer’s request at no charge. 2. Upon receipt of customer’s request, the Department will take a final meter reading and discontinue service within one business day. 3. The Department will temporarily discontinue water service without charge to internal plumbing of a residence when emergency repairs are necessary. Upon notification that repairs are complete, the Department shall restore water service without charge. C. Discontinuance of Service – Other: Service may be discontinued by the Department for various reasons, including but not limited to: a. diversion or theft of service; Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 2 of 4 b. non-compliance with rules and regulations; c. nonpayment of past due bills; d. reasonable access denied to Department; e. unauthorized use of service; f. unsafe or illegal apparatus; g. use of service to the detriment of others; h. vacating premises without notification to the Department; or i. violation of law or code 2. The Department will not discontinue service: a. On any Saturday, Sunday, legal holiday or the last business day of the week. b. During a pending dispute between the customer and Department, provided that the Department determines that resolution of the dispute is reasonably foreseeable. c. After incorrect billing by the Department, provided that theDepartment agrees that the billing is incorrect. d. When discontinuation of service will likely cause detriment to the health of the customer and if said customer provides: i. a certification from a licensed physician that discontinuationof water service will cause a detriment to health; and ii. an installment arrangement to bring the account current. 3. Written Disconnection Notice a. The Department will mail a disconnection notice fifteen (15) days prior to disconnection of a service for non-payment of bills. Every good faith effort will be made to contact the customer via telephone should the written notice be returned by the post office. b. If the Department is unable to reach a customer via telephone, then written notice will be posted on the property. c. All discontinuation notices shall contain the following: i. Customer’s name ii. Service address iii. Amount Past Due iv. Date by which payment or, payment arrangements are required to avoid disconnection of service v. Description of the process for payment arrangements vi. Description of the process to dispute or appeal a bill vii. Direct phone number and weblink to the Department’s Discontinuance and Restoration of Service Policy (this policy) D. Alternative Payment Arrangements for Delinquent Bills Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 3 of 4 1. Any customer who is unable to pay for water service within the normal payment period allowed may request an alternative payment arrangement to avoid disruption of service if all of the following conditions are met: a . A primary care provider certifies that the discontinuation of water service will pose a serious or potentially fatal threat to a resident, The primary care certification must have been signed and dated within the last six months. b. The customer demonstrates inability to pay. A customer can demonstrate an inability to pay based on the receipt of certain public assistance by someone in the household, or a declaration from the customer that the household is below 200 percent of the federal poverty level. c. The customer is willing to enter into an alternative payment arrangement 2. Payment arrangements that extend into the next billing period are considered an amortization (payment) plan, which must be in writing and signed by the customer of record. a. A payment plan will amortize the unpaid balance over a period defined by the Department, not to exceed 12 months from the original date of the bill. The amortized payments will be combined with, and subject to the due date of, the customer’s regular bill. b. The customer must comply with the terms of the payment plan and remain current as charges accrue in each subsequent billing period. c. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan. 3. Failure to comply with the terms of a payment plan will result in the issuance of a written disconnection notice. The disconnection notice will be in the form of a door hanger delivered to the premises no less than five(5) business days in advance of discontinuance of service. E. Restoration of Service: 1. A customer whose service is discontinued for any reason under paragraph C.1 above may be required to pay a deposit, as set forth in Rule and Regulation No. 8, and pay delinquency charges, as set forth in Rule and Regulation No. 6, for each incident during which the service was discontinued. In addition, the customer is responsible for payment of all bills, fees and charges. In the case of services that have been illegally restored or damaged due to tampering, the customer will pay for all damage to Department property. The customer is responsible for all damage whether or not the service is restored. a. Legal tenants at property where service has been disconnected for nonpayment in the name of the property owner or his/her authorized agent may establish accounts and assume responsibility for future bills. Tenants can become a customer by establishing an account either individually or with Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 4 of 4 other occupants on the same property providing a deposit is paid, and proof of legal tenancy is provided to the Department. Current unpaid bills remain the responsibility of the current accountholder. 2. A fee of one-hundred fifty dollars ($150.00) will be charged for a same business day after- hours service restoration. That fee will be refunded if, at the discretion of field staff, the after-hours service restoration cannot be completed without safety risks to employees In addition to all fees above: a. In the event water service is found to be unauthorized and the locking device used to discontinue service is found damaged, missing or tampered with, a $200.00 fee will be assessed. The cost for repair or replacement of the damaged equipment will be added to the $200.00 fee, and all must be paid prior to the restoration of water service. b. In the event there is illegal or unauthorized use of water due to the installation of a straight pipe or any other method of connecting to the water system illegally or without Department authorization, a penalty will be assessed based on meter size. That penalty is two hundred and fifty dollars ($250.00) for a meter size two inches or smaller, and five hundred dollars ($500.00) for a meter size greater than two inches. This penalty, plus outstanding bills, including estimated unauthorized water consumption and damaged equipment costs, must be paid prior to the restoration of water service. F. Disputed Bill Procedure 1. If you believe your bill is incorrect, please contact Customer Service within 10 days of receiving your bill. a. You may visit our office during regular business hours or call the Customer Service line at (909) 384-5095 for an explanation of your bill. b. If you disagree with the explanation you may ask to speak to a supervisor. c. If the matter remains unsettled, you may apply for a management review by sending a written requested to: Administrative Services Manager, P.O. Box 710, San Bernardino, CA 92402. d. Your service will not be subject to disconnection while your dispute is under review. e. Within fourteen business days of receipt of your dispute, a final resolution and explanation will be provided to you. Approved by Water Board: Effective: March 10, 2020 April 1, 2020 Supersedes: December 10, 2019 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 16 FIRE HYDRANT METER 1.0 POLICY The City of San Bernardino Municipal Water Department (Water Department) shall collect a deposit from every customer requiring a fire hydrant meter and appurtenances prior to providing the meter and appurtenances (see Section 7.0 regarding the Fees and Deposit Schedule). The deposit is refundable upon the termination of use and return of equipment and appurtenances in good working condition. Fire hydrant meters shall have a 2-1/2" swivel connection between the meter and fire hydrant. A 4" meter shall not be connected to the 4" port on the hydrant unless written approval is provided by Water Department Engineering. All Fire Hydrant Meters issued shall have a Reduced Pressure Principal Assembly (RP) as part of the installation. Spanner wrenches are the only tool allowed to turn on water at the fire hydrant. The downstream connection to the Reduced Pressure Principal Assembly, where applicable, shall be made with flexible coupling. The use of private fire hydrant meters on City hydrants is prohibited. All fire hydrant meters and appurtenances will be installed, relocated and removed by the Water Department. All fire hydrant meters and appurtenances shall be maintained by the Water Department. 2.0 CONDITIONS AND PROCESSES FOR ISSUANCE OF A FIRE HYDRANT METER Fire hydrant meters shall only be used for construction and maintenance related activities. Rule and Regulation No. 16 FIRE HYDRANT METER Page 2 No customer shall resell any portion of the water delivered to them through a fire hydrant issued by the Water Department. The Water Department allows for the issuance of a temporary fire hydrant meter for a period not-to-exceed 12 months (365 days). An extension can only be granted in writing by the Director of Water Utility for up to 90 additional days. A written request for an extension must be submitted by the customer at least 30 days prior to the 12 month deadline. No extension will be granted to any customer with a delinquent account with the Water Department. Any customer requesting the issuance of a fire hydrant meter shall file an application with Water Department Customer Service. The customer must complete a “Fire Hydrant Meter Application” (Exhibit A) which includes the name of the company, the Party responsible for payment, Social Security number and/or California I.D., Requested location of the meter (a detailed map signifying an exact location), local contact person. Local phone number, a contractor’s license (or business license), description of specific water use, duration the meter will be in use at the site and the full name and address of the person responsible for payment. At the time of application the customer will pay their fees according to the rate established by the Water Department. No fire hydrant meter shall be furnished or relocated for any customer who has any delinquent account with the Water Department. After the fees have been paid and an account has been created, the meter shall be installed within 48 hours (by the second business day). Rule and Regulation No. 16 FIRE HYDRANT METER Page 3 3.0 RELOCATION OF EXISTING FIRE HYDRANT METERS The customer will contact the Water Department to request the relocation of a Meter a minimum of 48 hours in advance of the requested relocation date. A fee will be charged to their existing account and their account shall be current before a work order is generated for the relocation. meter’s The customer will supply where the meter is to be relocated and The customer must update the original Application for a Fire Hydrant Meter form with any changes as it applies to the new location (Exhibit A). Fire hydrant meters shall be read on a monthly basis. Customers will receive a monthly bill. If the account becomes delinquent, the meter will be removed. While fire hydrant meters and backflow devices are in service, commodity, base fee and damage charges, if applicable, will be billed to the customer on a monthly basis. 4.0 DISCONNECTION OF FIRE HYDRANT METERS After ten (10) months a "Notice of Discontinuation of Service" will be issued to the site and the address of record to notify the customer of the date of discontinuance of service. An extension can only be granted in writing from the Director of Water Utility for up to 90 additional days (as stated in Section 4.3) and a copy of the extension has not be approved, the meter will be removed after 12 months of use. Upon completion of the project, the customer will notify the Water Department to request the removal of the fire hydrant meter and appurtenances. A work order will be generated for the removal of the meter. The Water Department staff will remove the meter and backflow prevention assembly and return it to the meter shop. Once returned to the meter shop, the meter and backflow device will be tested for accuracy and functionality. The Water Department staff will contact the Customer Service Section and notify them of the final read and any changes resulting from damages to the meter and backflow Rule and Regulation No. 16 FIRE HYDRANT METER Page 4 device or its appurtenances. The charges will be added to the customer’s final bill.A final bill will be sent to the address of record. Any customer who has an outstanding balance will not receive additional meters. Outstanding balances due may be taken out of deposits and any balances refunded to the customer. Any balances still due will be turned over to the Water Department for collection. Outstanding balances may also be transferred to any other existing accounts. 5.0 EXCEPTIONS Any request for exceptions to this policy shall be presented, in writing, to the Director of Water Utility, or his/her designee for consideration. 6.0 MOBILE METER Mobile meters will not be allowed. If there are multiple- area uses for one customer, such as street sweeping, hydro- seeding, water trucks, jet rodders, hydro-blasting and concrete cutters, then arrangements will be made to place fire hydrant meters in various geographic areas for use by the customer. These meters will be used solely by one customer. Locking down the customer side of the meter will be the responsibility of the customer. 7.0 FEE AND DEPOSIT SCHEDULES The fees and deposits, as listed on Exhibit A of this Rule and Regulation are based on actual reimbursement of costs of equipment, materials and services performed. These deposits and fees will be amended, as needed, based on actual costs. Deposits will be refunded after 12 months or at the end of use of the fire hydrant meter (upon return of equipment in good working condition and all outstanding balances on account are paid). Deposits can also be used to cover outstanding balances. All fire hydrant meters shall be assessed a Zone 4 monthly elevation charge as set forth in Rule and Regulation No. 21. All fees for equipment, installation, testing, relocation and other costs related to this program are subject to change without prior notification. Rule and Regulation No. 16 FIRE HYDRANT METER Page 5 8.0 UNAUTHORIZED USE OF WATER FROM FIRE HYDRANT Use of water from any fire hydrant without a properly issued and installed fire hydrant meter and backflow device is theft of City property. Customers who use water for unauthorized purposes or without a Water Department issued meter will be prosecuted to the fullest extent of the law. Unauthorized water use shall be billed to the responsible party. Water use charges shall be based on meter readings, or estimates when no meter readings are available. In case of unauthorized water use, the customer shall be charged all charges which would have applied if proper authorization for the water use had been obtained, including, but not limited to, monthly service charges, installation charges and removal charges. If there is any damage to City property (i.e., fire hydrant, fire hydrant meter, backflow device, various appurtenances), then the cost of repairs or replacements will be charged to the customer of record (Applicant). If any Fire Hydrant Meter is used with reclaimed water, then that meter will not be allowed to be used again with any potable water supply and the customer will incur the cost of replacing the meter and backflow device. Approved by BOWC: Effective: Supersedes: March 10, 2020 April 1, 2020 July 25, 2006 SBMWD USE ONLYEXHIBIT A RULE AND REGULATION NO. 16 APPLICATION FOR WF No. Date Received: FIRE HYDRANT METER Accts Payable Rep: Cust Service Rep: Letter of Authorization Attached: Yes  (4" Meter Only) FIRE HYDRANT METER REMOVAL REQUEST Application Date Requested Install Date Check Here to Request Removal of Above Meter Requested Removal Date: Provide current Meter location if different from above: Signature:Title:Date: Phone Number:Pager Number: FIRE HYDRANT METER INFORMATION (INSTALLATION) Fire Hydrant Location: (Attach detailed map, Thomas Bros. map or construction drawing) Specific Use of Water: Any return to Sewer or Storm Drain, if so, explain: Estimated Duration of Meter Use: COMPANY INFORMATION Company Name: Mailing Address: City:State:Zip Code:Phone Number: *Business License #:*Contractor’s License #: *A copy of the Contractor’s License and/or Business License is required at the time of meter issuance. Name and Title of Agent: Responsible Party Name: Social Security or Cal ID#: Phone Number: Title: Phone Number: Signature:Date: Guarantees payment of all charges resulting from the use of this meter. organization understand the proper use of this meter. Insures that employees of this FEES AND CONDITIONS (STANDARD 2-1/2" METER ONLY) 1.A deposit must be paid to guarantee payment of construction water and return of said meter. An account establishment fee of $40.00 will be charged upon initiation of the account. A nonrefundable $850.00 fee will be charged for setting the meter on the hydrant. 2. If the meter is lost, stolen, or damaged, a charge of up to three times the cost of the meter may be charged, plus a prorated charge for the estimated water usage, in accordance with Section 1882.2 of the Civil Code of the State of California. 3.A minimum one business day notice is required prior to start of service or hydrant meter set, based upon department manpower availability. 4. On-site hydrant meters can only be moved or relocated by department staff. A request to relocate a meter will result in an additional $475.00 fee, per incident. A minimum one business day notice is required prior to the relocation of the hydrant meter, based upon department manpower availability. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 18 METER INVESTIGATION When the accuracy of a water meter is questioned, the Customer may request the meter be re-read, or the customer may request the meter to be tested. One meter re-read, and one meter test in any twelve month period shall be provided at no cost to the customer, with subsequent test requests in any twelve month period charged at twenty-five dollars ($25.00)each for meter re-reads, and one hundred dollars ($100.00)for each meter test. If a meter re-read verification results in the discovery of an error, the twenty-five dollar ($25.00) charge will be waived. For each meter test, the customer shall be notified of the time and place of such test and must be present before any such test will be made by the Water Department. The meter will be tested on variable rates of delivery, and if the average registration is more than 2 percent in excess of the actual quantity of water passing through the meter, another meter will be substituted therefore, and the Department shall refund to the consumer the overcharge based upon the monthly reading and billing for a period of not more than twelve months preceding the test, unless it can be shown that the error was due to some cause for which the date can be fixed. In the latter case, the overcharge shall be computed back to but not beyond such time. If charged, the one hundred dollar ($100.00) meter test charge shall be waived in the event the average registration of water passing through the meter is 2 percent in excess of the actual quantity of water passing through the meter. Approved by Board: Effective: March 10, 2020 April 1, 2020 July 25, 2006Supersedes: CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY 1.0 GENERAL CONDITIONS FOR INSTALLATION OF WATER FACILITIES Any work on Water Department facilities, including, but not limited to the installation of new service connections, water main, backflow prevention devices and associated appurtenances (water facilities), relocation or removal of existing facilities, not contracted for directly by the Water Department, shall comply with the requirements of this section. All work shall be submitted for review, required fees, and charges paid and approved in writing by the Water Department prior to the time the work is started. A main extension shall be required whenever useable main is not directly adjacent to the proposed parcel or development requiring water service, or when the adjacent main cannot meet the needs of the proposed development per Rule and Regulation No. 13. An Applicant who desires to have Water Improvement Plans reviewed and approved by the Water Department and subsequently enter into a Developer-Installed Agreement shall complete the Application For Developer-Installed Agreement/Water Plan Review attached as Exhibit A and pay all applicable application and plan check fees. A separate landscape irrigation meter shall be required for all new service connections that serve a parcel containing more than 5,000 square feet of irrigated landscape area for all commercial and industrial developments. 2.0 COMPLIANCE WITH SPECIFICATIONS Main extensions, service connections, and appurtenances shall be constructed by a contractor properly licensed by the State of California to conform with all Water Department specifications, standards, and procedures which are in effect Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 2 at the time the water plans are received for Water Department approval. In addition to all such specifications, standards, and procedures, the following requirements shall be met: 1.All new water facilities shall be disinfected and tested to the satisfaction of the Water Department before connecting the new mains to existing mains. 2.Connections to existing mains shall be made by the Water Department, or a contractor contracted by the Water Department, under the supervision of an SBMWD authorized inspector. 3.Existing mains shall not be taken out of service for the purpose of making new connections when other options such as hot taps are feasible. Mains may only be taken out of service with the specific approval of the Water Department. 3.0 EXTENSIONS OF WATER BACKBONE INFRASTRUCTURE Extensions of water backbone infrastructure to developments or lands shall be made by either the Applicant or the Water Department as determined solely by the Water Department, as follows: 1.A Developer-Installed Agreement will be executed by the General Manager prior to or after tract or parcel map recordation. If a Developer-Installed Agreement is executed prior to map recordation permanent connection to Water Department facilities will not be allowed until the tentative tract or parcel map is recorded by the County of San Bernardino. If a Developer-Installed Agreement is executed following map recordation with the County of San Bernardino, conveyance of title of the water facilities and connection to the Water Department distribution system will be allowed if all Developer-Installed Agreement items are satisfied and the requirements of Section 3.0 of this rule and regulation are satisfied. Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 3 2.If the water backbone infrastructure is to be made by the Applicant, it shall submit to the Water Department for approval Water Improvement Plans and Specifications prepared by a qualified professional engineer licensed in the State of California for plan check and approval per the procedures outlined in this rule and regulation and standards outlined in the latest Water Department's Design and Construction Standards. a.If the Water Department requires water facilities to be oversized, the Water Department reserves the right to require the Applicant to submit at least three itemized bids for the work from contractors duly licensed (Class A or C-34) by the State of California, qualified, bondable, and experienced in the type of work involved and acceptable to the Water Department.In the event the Water Department is not satisfied with the bids submitted, it reserves the right to require the plans be revised and/or modified and then rebid one additional time. When a final bid is accepted by the Water Department, the Developer-Installed Agreement shall be executed by the General Manager subject to the Applicant satisfactorily completing all Developer-Installed Agreement action items. 3.If the Water Department elects to make an extension of the backbone infrastructure, either by request of the Applicant or sole discretion of the Water Department, the Water Department will proceed with preparation of engineering plans and construction as expeditiously as its work schedule permits.Prior to issuing the specification for public bidding, the design fees and construction cost estimates for the Developer required facility size plus 15 percent will be determined by the Water Department and be required to be deposited by the Applicant with the Water Department prior to advertising the specification for public bidding. The final cost of the work shall be the basis for the determination and calculation of refunds due to the Water Department or Applicant under Section 7. 4.Connections to existing Water Department water mains shall conform to Standard Drawing No. W3.5. Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 4 4.0 ADMINISTRATIVE FEES FOR WATER BACKBONE INFRASTRUCTURE REQUESTS The Applicant who desires a Developer-Installed Agreement with the Water Department pursuant to Section 2.0 shall pay the following fees and expenses that are due and payable prior to execution of the agreement: 1.Applicable application fee noted on the Application for Developer-Installed Agreement/Water Plan Review Technical Information form attached as Exhibit A. 2.An engineering evaluation fee of one thousand dollars ($1,000.00) for costs incurred by Water Department for research necessary for water backbone infrastructure extensions. 3. 4. 5. A plan check fee of $1.00 per linear foot of water main extension, if Water Department personnel perform the plan check.If the plan check is performed by a Water Department contracted professional consultant at the discretion of the Water Department, Applicant shall be responsible to pay for all costs and expenses incurred by the Water Department including the consultant's plan checking fee. Applicant shall be required to pay the plan check fee associated with the contracted consultant prior to beginning plan check. Construction infrastructure inspection by the fee Water for water backbone and/orDepartment professional construction inspection consultant retained by the Water Department on an as-needed basis will be required prior to inspection of a project. Applicant shall be responsible to pay all costs and expenses incurred by the Water Department including any inspection consultant's fees. Applicant shall be required to pay the estimated inspection costs associated with the contracted consultant prior to beginning inspections. All fees associated with Department connection of developer-installed main extensions and removal of temporary water service connection with install of fire hydrant pursuant to SBMWD Standard Drawing W3.5 and W4.6 shall be paid by the Developer. Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 5 6.The deferment of acquisition fees only apply to developer-installed agreements for residential housing tracts (not industrial, commercial, or public entity main extensions). Industrial, commercial, or public entity shall pay all acquisition fees prior to receiving an executed Developer-Installed Agreement.The Water Department will not allow beneficial use of any water service until all fees including acquisition of service charge fees are paid in full.An exception is the Applicant for a residential housing tract indicates at the time of application the desire to defer acquisition fees. A Payment Bond shall be posted with the SBMWD as the beneficiary in the amount of 25 percent of the project's acquisition of service charge fees and be included in the developer-installed agreement. This bond is to remain in place until all acquisition of service charge fees are paid in full. 7.All fees listed above including any additional fees documented in the Cost Letter or Cost Invoice shall be paid in full prior to executing a Developer-Installed Agreement. 5.0 COST OF WATER BACKBONE INFRASTRUCTURE TO BE INITIALLY ADVANCED BY APPLICANT The cost of all water backbone infrastructure shall be advanced by the Applicant requesting the infrastructure if the Applicant constructs the water backbone infrastructure or Applicant agrees to allow the Water Department to install the water infrastructure as outlined in Section 3.0, paragraph 2 of this rule and regulation. The Water Department will enter into a Water Facility Oversizing Agreement that will provide for repayment to the cost of any oversized portion of the water backbone infrastructure lying between the original point of supply and the Applicant’s property. Payment for oversized facilities will be as determined according to the provisions of Section 7. Any oversizing costs that are the responsibility of the Water Department must be based upon an oversizing prorated percentage or estimated oversizing cost for each oversized water facility prior to construction and outlined in the Water Facility Oversizing Agreement approved by the Water Department Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 6 and the Water Board. The Water Facility Oversizing Agreement shall define the boundaries of the proposed special oversizing area; the type, extent and general route of the water backbone infrastructure to be constructed; and the methods for calculation of the actual oversizing costs to be collected and refunded to Applicants who advance the construction costs. 6.0 AMOUNT OF APPLICANT ADVANCE For extensions made by the Applicant, it shall be the amount of the actual cost of the work. For extensions made by the Water Department on behalf of the Applicant, it shall be the amount of the deposit made by the Applicant as defined in Section 3.0, paragraph 2. The final cost of the work shall be the basis for the determination and calculation of the frontage fee due by other Applicants making connection to said extension per Section 7.0 of this rule and regulation. 7.0 REFUND PROCEDURE Payment of a refund under a Developer-Installed Agreement for oversized water backbone infrastructure shall be submitted in writing, accompanied by all other documentation as required by the Water Department, to the General Manager within ninety (90) days of the execution of the Conveyance Agreement transferring title of the infrastructure to the Water Department. Refunds as allocated thereto to an Applicant will only be made for oversized water backbone infrastructure systems and facilities that service areas not only of the Applicant, but areas of others as well, and as previously approved by the Board. 1.Final costs that are eligible for frontage fee are as follows: a.Actual labor, material, equipment, and tools construction costs (including administration and safety and traffic control measures). Documentation must be submitted to the Water Department specifically itemizing the above costs if Applicant installs the water facilities under a Developer-Installed Agreement. Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 7 2.Frontage Charge for Water Service From Water Department Financed Water Main Extensions: All Applicants for water service from a water main installed and financed by the Water Department on or after June 1, 1977, where no mains were previously in service, shall pay all applicable charges and fees for water service and one-half (1/2) of the per lineal foot charge in effect at the time of construction for water service as described in Section 3.0, paragraph 2 for all parcel footage adjacent to and requesting water service. Should the applicant request water service for a parcel adjacent to both sides of the Water Department financed water main, the applicant shall pay the full per lineal foot charge as described in Section 3.0. 3.Frontage Charge For Water Service From Applicant Financed Water Main Extensions: Refunds will be made from fees collected from other Applicants or the Water Department whose properties are served by the water backbone infrastructure system or facility and shall be paid to the Applicant semi- annually. A provision that over a period of ten (10) years from the date conveyance of the water infrastructure to the Water Department, the Water Department will refund semi- annually to the Applicant, or his assignee, the water main frontage charges that are collected from other Applicants requiring service from the Applicant's water main extension paid for by the Applicant. Any balance remaining on deposit at the expiration of said ten-year period shall become the property of the Water Department. a.This provision for collection and refund will apply when a new Applicant requests permission to connect to the facilities providing service from the water backbone infrastructure covered in the Developer- Installed Agreement for facilities installed and financed by a previous Applicant, where no facilities were previously in service. Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, AND/OR NEW SOURCES OF SUPPLY Page 8 4.Refund Deductions For Defects: In the event any expense is incurred by the Water Department due to defective materials or workmanship on any backbone infrastructure work installed by the Applicant, within a period of one (1) year after conveyance to the Water Department, the amount of expense shall be deducted from any refunds that may become due to Applicant thereafter. 8.0 CONSTRUCTION TO CONFORM TO WATER STANDARD SPECIFICATIONS All systems and facilities to be constructed shall conform to the Water Standard Specifications and Drawings for Construction of Domestic Water Systems, approved by the Director of Water Utility and Principal Engineer, latest edition. Approved by Board: Effective: Supersedes: March 10, 2020 April 1, 2020 September 16, 2008 EXHIBIT A RULE AND REGULATION NO. 20 SBMWD USE ONLY EPN #:________________________ Project #: WF-___ ___--___ ___ ___ Entered By:_____________________ Date: __________________________ Assigned to: ____________________ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/WATER PLAN REVIEW TECHNICAL INFORMATION Please allow 3 to 4 weeks for Response to Application for Developer-Installed This is the application for water plan review by the San Bernardino Municipal Water Department and must accompany the plan submittal along with the required application fee. Provide accurate and complete information as requested. DO NOT LEAVE ANY ITEM BLANK. Inaccurate or incomplete applications will not be accepted and will cause delay in the review process. Date: _____________________ PROJECT TITLE & LOCATION: _____________________________________________________________________ PROJECT INFORMATION: Utility to be Improved: Water □Sewer □ Number of Lots/Units: ___________ Number of Services: _______________ Gross Acres: ___________Irrigated Landscape Area: ___________ Sq. Ft. Master Metered□Individual Meters □ Is this property served by a well or other source of water? (If yes, is well to be abandoned?) □Yes Yes □No No□□ Commercial □Industrial □Residential □Other □ BUILDING PERMIT APPLICATION INFORMATION: (If Applicable) City Plan Review #: _______________ Number of Buildings: _______________ Tallest Building Height: _______________ Total Square Feet: ____________________________ (Largest building or area separated by 4-hour firewall) Construction Type Per Uniform Building Code, Table 6-A: _______________________________________________ Water Supply Assessment Required:□ □ Yes No (Water Code 10910) FIRE FLOW DATA: TOTAL FIRE FLOW REQUIREMENTS: _______________ GPM DURATION: ________________ (HOURS) Total fire flow requirements are based on the building size or largest area between 4-hour fire walls and the type of construction in accordance with the UBC Table 6A & UFC Table III-A-A. (Consult with Fire Department having jurisdiction) ONSITE FIRE FLOW REQUIREMENTS: (To be provided by the DCDA's or FIRE SERVICE METERS) A. Onsite fire hydrant requirements = _________________________ GPM B. Building fire sprinkler requirement s = ________________________ GPM C. Onsite fire pump for sprinklers required:□Yes □ NoIf Yes: Rated capacity of the fire pump = _______________GPM x 150% = _______________GPM NOTE: If onsite fire pumps are required, test flow requirements are normally 150% of pump rated capacity. (Consult with Fire Department having jurisdiction) D. Onsite fire flow = __________GPM (The higher of item A, B, or C) FOR SBMWD USE ONLY HYDRAULIC ANALYSIS: Is a hydraulic analysis required in accordance with the Design and Construction Standards Section 2:□No Yes (If yes, date submitted____________________ ) □ SBMWD USE ONLYEXHIBIT A RULE AND REGULATION NO. 20 Project #: WF-___ ___--___ ___ ___ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/WATER PLAN REVIEW TECHNICAL INFORMATION (continued) ENGINEERING FIRM INFORMATION: Engineering Firm: _______________________________________________________________________________ Print Name Address State Zip Contact Person: ________________________________________________________________________________ Print Name Phone ________________________________________________________________________________ SIGNATURE OF REGISTERED PROFESSIONAL ENGINEER (CALIFORNIA PE#___________________) ___________________________________________________________________________________________ PRINT NAME OF PROFESSIONAL ENGINEER SBMWD USE ONLYEXHIBIT A - RULE AND REGULATION NO. 20 Project #: WF-___ ___--___ ___ ___ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT DEVELOPER/PROPERTY OWNER APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/ WATER PLAN REVIEW This completed form is required for water plan review by the San Bernardino Municipal Water Department and must accompany the plan submittal along with the Technical Application and required application fee. Do not leave any item blank. A space for additional information or explanations is provided on the reverse side of this form. SECTION 1 - PROJECT INFORMATION Enter title as shown on the water plan. List all parcel numbers involved in the development. Indicate the type of project being developed using the codes on the reverse side. Project Title & Location: ___________________________________________________________________________________________ Assessor's Parcel Numbers: _______________________________________________________________________________________ Type of Development Land Use Codes: ____________________________ Use code from reverse side (From latest City of San Bernardino General Plan) SECTION 1 - PROJECT INFORMATION CHECK IF SUBMITTING REVISED INFORMATION □ Provide information on individual or entity responsible for development of project. Do not list contractor or Cons project will be returned to the Developer. If Developer will change prior to project approval, please check here reverse side of this form. □truction Company hired to perform work. Anyrefunds due on and provide that information in the explanations area on Developer Name: __________________________________________________________Tax ID# _________________________________ Developer Address: ________________________________________________________________________________________________ Number/Street City State Zip Code Telephone: ________________________________ Contact Name: _________________________________________________________ Type of Organization:□INDIVIDUAL Name and title of persons authorized to bind the organization and will sign construction agreement: □ □ □ □ CORPORATION PARTNERSHIP LIMITED LIABILITY COMPANY (LLC) GOVERNMENT ______________________________________________ (NAME) __________________________________________________ (TITLE) ______________________________________________ (NAME) __________________________________________________ (TITLE) SECTION 3 - PROPERTY OWNER INFORMATION CHECK IF SUBMITTING REVISED INFORMATION □Property owner as recorded with the San Bernardino County Assessor's Office. If property ownership is in the process of transfer, or will be transferring in the near future, provide explanation on reverse side of form. If property recently transferred, provide copy of the deed. Property Owner Name: __________________________________________________________Tax ID# _____________________________ Property Owner Address: _________________________________________________________________________________________________________ Number/Street City State Zip Code Telephone: ___________________________________ Contact Name: ______________________________________________________ Type of Organization:□ INDIVIDUAL □ □ □ □ CORPORATION PARTNERSHIP LIMITED LIABILITY COMPANY (LLC) GOVERNMENT Name and title of persons authorized to bind the organization and will sign construction agreement: ______________________________________________ (NAME) __________________________________________________ (TITLE) ______________________________________________ (NAME) __________________________________________________ (TITLE) Acknowledgement: The information listed on this form will be used to prepare the Developer-Installed Agreement, service applications, and any other required documents. Projects may be delayed or rejected if the information is not corrected. DEVELOPER: _____________________________________________________ Signature __________________________________________ Date _____________________________________________________ Print Name __________________________________________ Title Explanations: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ LAND USE CODES RESIDENTIAL INDUSTRIAL RE = Residential Estate RL = Residential Low OIP = Office Industrial Park IL = Industrial Light RL-3.5 = Residential Low RS = Residential Suburban RU = Residential Urban RM = Residential Medium RMH-20 = Residential Medium High/20 RMH = Residential Medium High RH = Residential High IH = Industrial Heavy IE = Industrial Extractive UBP-1 = University Business Park-1 CCS-2 = Central City South-2 PUBLIC/QUASI-PUBLIC PFC = Publicly Owned Flood Control PF = Public FacilitiesCOMMERCIAL RR = Railroad CO = Commercial Office CG-1 = Commercial General OPEN SPACE CG-2 = Commercial General-2 CG-3 = Commercial General-3 PP = Public Parks CCS-1 = Central City South-1 OS = Open Space UBP-2 = University Business Park-2 UBP-3 = University Business Park-3 CR-1 = Commercial Regional-1, Regional Malls CR-2 = Commercial Regional-2, Downtown CR-3 = Commercial Regional-3, Tri-City Commercial CR-4 = Commercial Regional-4, Auto Plaza CH = Commercial Heavy PCR = Public/Commercial Recreation NONREFUNDABLE DEVELOPER-INSTALLED APPLICATION FEE: $750.00 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATIONS NO. 22 PROHIBITION OF CROSS-CONNECTIONS AND OTHER CROSS-CONNECTION CONTROL CONDITIONS CAUSING OR LIKELY TO CAUSE, AND PROTECTION OF THE PUBLIC WATER SUPPLY AGAINST CONTAMINATION AND POLLUTION 1.0 GENERAL CONDITIONS FOR BACKFLOW PREVENTION No physical connection shall hereafter exist or be installed, located, maintained or operated, between the water supply of the Department (including its appurtenant mains, pipes, fixtures, equipment or appliances) and any other water supply system or any sewer or drainage system, or any steam, gas or chemical line, pipe or conduit, or any device, boiler, tank or container whereby any contamination or pollution or any dangerous, impure, unsanitary or unpotable substance (solid, liquid or gaseous or any combination thereof), may now or hereafter be introduced into any portion of said water supply system of the Department by backflow, back siphonage, or any other method, manner, means or cause whatsoever. Except that wherever a mechanical or other method or device, as approved by the Department, may be used for protecting the water supply system of the Department from any such source of contamination or pollution, any consumer may, upon obtaining the written consent for the method or device from the Department, and subject to final inspection and approval from the Department, install, maintain, operate and use the same. Pursuant to Chapter 13.12 of the San Bernardino Municipal Code, upon notification by the Water Department or health officer that a finding has been made that a cross- connection does or may contaminate water for drinking or domestic purposes on any existing or proposed facility, the Department may refuse to supply water or discontinue supplying water to that facility upon reasonable notice under the circumstances involved. Rule and Regulations No. 22 PROHIBITION OF CROSS-CONNECTIONS AND OTHER CROSS-CONNECTION CONTROL CONDITIONS CAUSING OR LIKELY TO CAUSE, AND PROTECTION OF THE PUBLIC WATER SUPPLY AGAINST CONTAMINATION AND POLLUTION Page 2 All costs relating to the installation, annual inspections conducted by a tester certified by the San Bernardino County Department of Health Services and approved by the City of San Bernardino Water Department, maintenance, and repair costs of preventative devices necessary to assure compliance with Chapter 13.12 of the San Bernardino Municipal Code, the Uniform Plumbing Code, California Administrative Code (Sections 7583 to 7605, inclusive), and other applicable laws shall be at the expense of the customer/owner.A fee of $220.00 per device will be charged for a new backflow device inspection. An annual backflow prevention administrative fee of $26.00 per device shall be billed annually to each account requiring a backflow preventer.Accounts with delinquent bills will be charged $65.00. In the event that delinquent accounts are not reconciled, a turn-off fee of $115.00 will be charged. 2.0 BACKFLOW PREVENTION RULES All meters for developer-installed services shall be purchased from the Water Department.Nonresidential or 3" and larger fire services shall require Water Department approved double check detector checks which shall be tested annually by a certified backflow prevention tester as established in Water Department Rule and Regulation No. 22. Double check detector check devices will be installed on private property by a licensed contractor acceptable to the Water Department. All fire service tattletale or use detection meters for fire service installed on private property shall be dedicated to the Water Department prior to or at the time of service activation, and shall remain accessible to the Water Department for monthly meter reading, repair, testing, and/or meter replacement, and shall conform to Water Department's standards. Rule and Regulations No. 22 PROHIBITION OF CROSS-CONNECTIONS AND OTHER CROSS-CONNECTION CONTROL CONDITIONS CAUSING OR LIKELY TO CAUSE, AND PROTECTION OF THE PUBLIC WATER SUPPLY AGAINST CONTAMINATION AND POLLUTION Page 3 The Water Department may require access to properties of Applicants currently receiving water service to conduct a cross-connection control survey.The purpose of this survey is to establish the extent of protection required for the Water Department's water system based on an evaluation of how an Applicant uses water on a site. Examples of on-site uses requiring protection include, but are not limited to, laundries, businesses that mix and process chemicals and water, potable and/or nonpotable landscape systems, and fire services.Water from an Applicant's service may, under certain conditions, be drawn into the public water supply through the meter (through a backflow condition such as backsiphonage or backpressure). If there are existing or potential cross-connections with non-potable fluids on an Applicant's property, the water drawn into the public water supply may be contaminated and therefore compromise the Water Department's supply.The installation of Water Department approved backflowa prevention assembly adjacent to the meter may be required based on the results of the survey and the identification of existing or potential cross-connections within the property. The Water Department may determine that there is the potential for contamination of the Water Department's distribution system from an existing service(s) due to processes on an Applicant's property. This requirement may be made in the absence of survey. At that time, the Water Department will require the owner to install a backflow prevention assembly at the owner's expense. If an Applicant requests larger assembly, the cost of that equipment and installation will a cross-connection control a be borne by the Applicant.The Applicant must provide an easement to the Water Department for this work unless one of approved dimensions already exists. If the Applicant objects to the requirement for backflow prevention assembly installation, Applicant shall, at Applicant's own expense, obtain a cross-connection control survey from a Certified Cross-Connection Control Specialist.If the survey finds no need for backflow prevention, the requirement by the Water Department shall be deferred at that time. The Water Department may require the Applicant to obtain, at Applicant's own expense, a similar Water Department approved cross-connection control Rule and Regulations No. 22 PROHIBITION OF CROSS-CONNECTIONS AND OTHER CROSS-CONNECTION CONTROL CONDITIONS CAUSING OR LIKELY TO CAUSE, AND PROTECTION OF THE PUBLIC WATER SUPPLY AGAINST CONTAMINATION AND POLLUTION Page 4 survey not more frequently than annually to validate that the deferral is still appropriate. An approved copy of the results of the survey shall be provided to the Water Department, which will determine the need for an assembly. Failure to provide such a survey shall be cause for the Water Department to require the immediate installation of a backflow prevention assembly. The Applicant shall pay all expenses required for this installation. Approved by Board: Effective: Supersedes: March 10, 2020 April 1, 2020 June 8, 2017 Exhibit 4 EVWD Ordinance 404