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Agenda Packet - EVWD Board of Directors - 10/12/2004
1:4D East Valley Water District 3654 HIGHLAND AVE., SUITE #18, HIGHLAND, CA REGULAR BOARD MEETING October 12, 2004 2:00 P.M. AGENDA ----------------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE ----------------------------------------------------------------------------- 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for September 28, 2004. 4. Resolution 2004.27 — Accept Dedication of water Distribution System within Parcel Map 15886 in the City of Highland. 5. Resolution 2004.28 - Accept a Resolution of Application by the Board of Directors of the East Valley Water District Requesting the Local Agency Formation Commission to take Proceedings for the Annexation of Territory to said District. 6. Approval of Liens for Delinquent Water and Sewer Accounts. 7. Accounts Payable Disbursements: Accounts Payable Checks #198946 through 4199112 were distributed September 29, 2004 through October 7, 2004 in the amount of $937,528.24. Payroll Checks for period ended October 1, 2004 and included checks and direct deposits in the amount of $89,360.87. Total Disbursements for the period were $1,026,889.11. OLD BUSINESS 8. Radon Rule/Perchlorate Rule Update (General Manager). 9. Headquarters Project Review and Update (General Manager). 10. Discussion and Possible action regarding Underground Storage Tank Regulatory Issues. NEW BUSINESS 11. Directors' fees and expenses for September 2004. 12. Financial Statements for period ended August 2004. 13. Discussion and possible action regarding audit report for fiscal year ending June 30, 2004 and 2003. 14. Discussion and Possible action regarding San Manuel Band of Mission Indians' potential future acquisition of present EVWD water/sewer systems located on the reservation. These systems would be wholly owned, operated and maintained by the tribe to the designated Points of Connection with the EV WD systems at or near the boundary of the reservation. 15. Discussion and Possible action regarding canceling or rescheduling the October 26,2004 Board Meeting. REPORTS 16. Presentation from Gary Miller (GMID) regarding design review on Pennanent Headquarters Facility and LEED's update. 17. October 6, 2004 — Release of Lien for Delinquent Water and Sewer Accounts. 18. Water Quality Conference Budget Update (CFO) 19. General Manager's Report 20. Oral Comments from Board of Directors 21. Appreciation letter to the District from Kimberly Cox, Director, Division 1 and LAFCO Special District Board member expressing gratitude for support in the recent Special District election process. MEETINGS 22. Association of the San Bernardino County Special District Membership Meeting, Sierra Lakes Golf Club, 16600 Clubhouse, Fontana, CA, October 18, 2004. 23. 25th Anniversary of the Highland Senior Center, 3102 E. Highland Ave, Highland, CA, October 21, 2004. ADJOURN ----------------------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability -related 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's Administrative Assistant at (909) 885-4900 at least 24 hours prior to said meeting. 2 Subject to Approval: EAST VALLEY WATER DISTRICT SEPTEMBER 28, 2004 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:01 p.m. by President Wilson. Director Sturgeon led the flag salute. PRESENT: Directors Goodin, Sturgeon, Wilson ABSENT: Directors Negrete, Lightfoot STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Gary Sturdivan (EVWD), Charles Roberts (Highland Community News), Rich Caldwell (Arroyo Insurance Services) APPROVAL OF AGENDA The General Manager informed the Board that Gary Miller from (GMID) item # 13 would not be able to attend the Board Meeting and present the design review on the Permanent Headquarters Facility and LEED's update, and will reschedule the presentation. M/S/C (Sturgeon -Goodin) that the September 28, 2004 Agenda be approved as amended and item # 13, the presentation from Gary Miller (GMID) regarding design review on the Permanent Headquarters Facility and LEED's update be removed. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:03 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SEPTEMBER 14, 2004 BOARD MEETING MINUTES M/S/C (Sturgeon -Goodin) that the September 14, 2004 Board Meeting Minutes be approved as submitted. Minutes: 09/28/04 APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS The General Manager stated that the charges identified by Account Number 0210135-06 and 1270333-00 had been paid and should be removed from the lien list. M/S/C (Sturgeon -Goodin) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. DISBURSEMENTS M/S/C (Lightfoot -Sturgeon) that General Fund Disbursements #198760 through 198945 distributed during the period of September 10, 2004 through September 24, 2004 in the amount of $543,243.20 and Payroll Fund Disbursements for the period ended September 17, 2004 in the amount of $96,682.12 totaling $635,925.32 be approved. RADON RULE/PERCHLORATE RULE UPDATE The General Manager reported that there was nothing new to report on the Radon issue; that in regards to the Perchlorate Rule there is an earmark from the Depart of Defense for $1.5 million to be set aside on the District's behalf for remediation of ground water; that in the future the District would like to build this project into a larger program and possibly partner with the Department of Defense and AwwaRF. President Wilson commended the General Manager on the upcoming Demonstration Project. Information only. HEADQUARTERS PROJECT REVIEW AND UPDATE The General Manager had no update at this time. FINANCIAL STATEMENTS FOR PERIOD ENDED JULY 2004, were presented to the Board for approval. President Wilson informed the Board that Brian Tompkins (CFO) would have the budget items for the Financial Statements at the next regularly scheduled Board Meeting on October 12, 2004. Director Sturgeon asked if the Financial Statements were previously in the Consent Calendar. M/S/C (Sturgeon -Goodin) that the Financial Statements for period ended July 2004, be accepted as submitted. Minutes: 09/28/04 DISCUSSION AND POSSIBLE ACTION REGARDING UNDERGROUND STORAGE TANK REGULATORY ISSUES Gary Sturdivan updated the Board regarding the current and future requirements to continue operating the District's Underground Storage Tank facilities; that there are a number of ongoing issues and regulations that the District will need to comply with in order to maintain the three (3) current types of tanks located at the District Yard; that the District currently has one tank for gasoline, one tank for diesel fuel; and one tank for waste oil; the current tanks are being retrofitted approximately every two years; that the District has other alternatives available in addition to the current facilities; that the District could purchase fuel from an outside vendor rather than maintain the District's current tanks; that the District could maintain an above ground facility rather than an underground tank storage system; that there could be cost savings for the District to purchase fuel from an outside vendor. Director Sturgeon expressed concern that if a disaster occurred the District could face fueling issues for generators, trucks, and equipement if the District did not maintain a gas and diesel tank facility. Director Goodin would like more information regarding any financial savings or costs that would impact the District; that he would like comparison totals if the District contracted with an outside vendor or if the District kept the current facility operational; that he is concerned how the District would handle waste oil; that he needs to be more informed regarding compliance regulations cost and/or financial savings before he could make a decision on this issue. The Board agreed to defer this item until the next regularly scheduled Board Meeting on October 12, 2004. DISCUSSION AND POSSIBLE ACTION REGARDING FINANCIAL CONTRIBUTION FOR SPECIAL DISTRICT PUBLIC EDUCATION PROGRAM FROM CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) AND THE ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) The General Manager informed the Board that CSDA and ACWA are requesting a token support of $1000.00. Director Goodin expressed concern with the basis for the program; that there is not enough information regarding the program to offer support at this time. No action was taken. 3 Minutes: 09/28/04 DISCUSSION AND POSSIBLE ACTION REGARDING THE ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS MEETINGS FOR THE YEAR 2005 No action was taken. DISCUSSION AND POSSIBLE ACTION REGARDING THE RENEWAL OF THE DISTRICT'S COMMERCIAL AND LIABILITY INSURANCE PACKAGE FROM ARROYO/CALDWELL & MORELAND INSURANCE SERVICES The General Manager introduced Rich Caldwell with Arroyo/Caldwell Insurance Services. Mr. Caldwell updated the Board on the Insurance Proposal Package from Arroyo/Caldwell Insurance Services; that Caldwell Insurance joined with Arroyo Insurance Services approximately 1 % years ago. Director Sturgeon questioned the deductible for truck #58. Director Goodin expressed concern that he only has one proposal to review; that the proposal is before the Board on September 28, and the contract needs to be renewed by October 1, 2004; that he does not like to be put in this position with a last minute proposal; that he would like to have more than one proposal to review; that he does not have a way of verifying if the policy is adequate for the District. President Wilson is satisfied that the coverage in the policy is adequate for the District. Director Goodin will rely on the Board Presidents knowledge in regards to adequate coverage, pricing and services presented by Arroyo/Caldwell Insurance Services. The General Manager summarized the business relationship that Caldwell Insurance has had with the District; that he is satisfied in the level of service and fees that Arroyo/Caldwell Insurance provides. M/S/C (Wilson -Goodin) that the renewal package of the District's Commercial and Liability Insurance Coverage from Arryo/Caldwell & Moreland Insurance Services be approved. WATER QUALITY CONFERENCE BUDGET UPDATE (CFO) The General Manager reported that the Water Quality Conference has three informational tracts on a variety of subjects; that over 5,000 fliers were mailed to potential attendees; that the District has received nearly $100,000 in committed funds for sponsorships; that he commends Jo McAndrews for all the work she had done on the Conference. Information only. 4 Minutes: 09/28/04 GENERAL MANAGER'S REPORT The General Manager had nothing to report at this time. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Sturgeon inquired if the one acre parcel located at 7920 Webster had closed escrow; that he attended a trucking expo and was approached by a Ford Motor Vehicle representative regarding the District's purchasing policies for vehicles; that a representative from Nextel would like to give a presentation on new features and products that Nextel currently offers. Director Goodin suggested that Ford Motor Company give a presentation to the Board regarding fleet purchases. Information Only. WATER RESOURCES INSTITUTE (WRI) QUARTERLY ISSUES BREAKFAST, "SOUTHERN NEVADA'S WATER SITUATION", CAL STATE SAN BERNARDINO, 5500 UNIVERSITY PARKWAY, OCTOBER 6, 2004. Information only. CLOSED SESSION The Board entered into Closed Session at 3:26 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item listed on the Agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 3:43 p.m. The item listed on the Agenda was discussed in closed session with no reportable action being taken. An announcement is herby made that the one acre parcel and commercial building located at 7920 Webster St closed escrow on August 31, 2004 and was sold at a sales price of $610,000 to Frank and Lynne M. Zizzo. ADJOURN The meeting was adjourned at 3:43 p.m. until the next regularly scheduled Board Meeting on October 12, 2004. George E. Wilson, President 5 Minutes: 09/28/04 EXHIBIT "A" RESOLUTION 2004.27 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM HAAGEN COMPANY LLC PARCEL MAP 15886 BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the water line system and appurtenant structures constructed within Parcel Map 15886 for public use in the City of City of Highland, have been dedicated to East Valley Water District by Christopher Fahey, President for Haagen Company LLC. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water Distribution System dated September 24, 2004 and executed by Christopher Fahey on September 24, 2004 be accepted and all rights, title and interest in and to said water system be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Water Distribution system attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on October 12, 2004. AYES: Directors NOES: ABSENT: Attest: W2278 Parcel Map 15886 262.119 JW 9/28/04 EAST VALLEY WATER DISTRICT George E. Wilson, President Robert E. Martin Board Secretary East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District - Post Office Box 3427 San Bernardino, California 92413 FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103 Board of Directors East Valley Water District San Bernardino, California 92413 IRREVOCABLE OFFER OF DEDICATION OF WATER SYSTEM DATE: !Se-,pt.r..," 2,)q, C�"1 Weherebdeclare that the water system and appurtenant structures to be constructed in It ft 42/V L'VN 1 / S, !v in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said water system shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned. SEE EXHIBIT "A". The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said water system and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such claims of liens asserted upon said water system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. (Corporate Seal) HaIaAen Company) LLC BYsH Christo her Fahe , Presid t STATE OF CALIFORNIA COUNTY 017\ -QS 173 is ) On�)�A , 20SE'%., before me, the undersigned, a Notary Public in and for the said County and State, personally appeared C r Seo Dh� f �l+ina v personally known to me (or�tne a to be the person(4 whose name('A is/fie subscribed to the same in his/tt�r/tft* authorized capaary (ice), and that by his/hgr/thoir signature W on the instrument the person *, or the entity upon behalf of which the person to acted, executed the instrument. WITNESS my hand and officio eal. Signature I) (Rev: 2/6/02) Drawer No, 3 KIMBERLY K. WILLIAMS Commission a 1348397 Notary Public. California Los Angeles County My Comm. ExpiresApr 9, 2008 RESOLUTION NO. 2004.28 A RESOLUTION OF APPLICATION BY THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO SAID DISTRICT AS MORE SPECIFICALLY DESCRIBED BELOW BE IT RESOLVED, by the Board of Directors of the East Valley Water District that: WHEREAS, the Board of Directors of the East Valley Water District de- sires to initiate proceedings pursuant to the Cortese-Knox—Hertzberg Local Gov- ernment Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for an annexation to the East Valley Water District; and, WHEREAS, the territory proposed for annexation is legally uninhabited and a description of the boundaries is set forth in Exhibit "A" attached hereto, and by this reference incorporated herein; and, WHEREAS, the proposed annexation is consistent with the sphere of in- fluence assigned by the Local Agency Formation Commission for the East Valley Water District; and, WHEREAS, it is desired that the proposed annexation be subject to the following terms and conditions: 1. It is desired that the proposed annexation be subject to the normal terms and conditions imposed by the Local Agency Formation Commission upon an RESOLUTION NO. 2004.28 annexation; 2. All standards conditions required by the Local Agency Formation Com- mission. WHEREAS, the reason for the proposed annexation is to modify the plan- ning boundaries of the East Valley Water district in a manner consistent with the determinations of the Inland Valley Development Agency concerning the appro- priate manner in which water and sewer service should most beneficially be pro- vided to the properties located on the former Norton Air Force Base and to main- tain contiguity with the City of Highland's boundaries in the East Valley area. NOW, THEREFORE, BE IT RESOLVED, that this resolution of Applica- tion is hereby approved and adopted by the Board of Directors of the East Valley Water District, and the Local Agency Formation Commission for San Bernardino County is hereby requested to take proceedings for the annexation as described in Exhibit "A", in the manner provided by the Cortese -Knox -Hertzberg Local Gov- ernment Reorganization Act of 2000. BE IT FURTHER RESOLVED, that the Secretary of the East Valley Water District is hereby authorized and directed to transmit to the Executive Officer of the Local Agency Formation Commission a certified copy of this Resolution. PASSED AND ADOPTED by the Board of Directors of the East Valley Water District at a regular meeting held on the _ day of _, 2004, by the following vote: 2 EXHIBIT "A" Sheet 1 of 1 LEGAL DESCRIPTION "B -1C EAST" In the City of San Bernardino, County of San Bernardino, State of California, being a portion of "IRP SITE 2" as shown on Record of Survey, filed in Book 113, at pages 15 through 22 of Records of Survey, in said County, described as follows: Commencing at the northeast corner of Fractional Section 8 Township 1 South, Range 3 West, San Bernardino Meridian; thence South 000 52' 21" East along the east line of said Fractional Section 8 a distance of 50.10 feet to a point on the easterly projection of the southerly fine of East 3rd Street (100 feet wide); thence North 87017'22" West along said projection, 40.26 feet to the point of intersection of the west line of Alabama Avenue (80 feet wide) with said southerly line of East 3rd Street; thence continuing North 87017'22" West along said southerly line, 1074.87 feet to the TRUE POINT OF BEGINNING; thence South 00034'38' West, 539.29 feet; thence North 72042'16" East, 600.82 feet; thence North 84056'48" East, 510.52 feet to a point on said west line of Alabama Avenue; thence North 000 39' 59" West along said west line, 264.86 feet to said point of intersection with the southerly line of East 3rd Street; thence North 870 17' 22" West along said southerly line, 1074.87 feet to the TRUE POINT OF BEGINNING. Subject to a Grant of Easement to the County of San Bernardino, per Book 4175, Page 390, Official Records of said County. . The land herein described contains approximately 9.20 acres. All bearings and distances in this description are grid, based on the California Coordinate System (NAD 83), Zone 5. To obtain ground distances, divide the grid distance shown herein by 0.99993157. This AE J.N. 92.89-18 and plat O,Vae.eglffxsi-•�1ltEGaL4.81C FJS�.mc my I�jd a�27o3 Ute I W zi ' GRANT OF EASEMENT TO THE COUNTY OF SAN BERNARDINO -I1 PER DOC. REC. MARCH 8, 1957 -lo8K. 4175, PG. 390, O.R. z� Z0 T. P.O.B. 1EAST 3rd STREET N87'17'22"W _ 2669.02' _ rn "E-3 EAST � m' ,•9 1 M ZC Lj M 0 o - - - L I I "B -1C WEST" "8-1 C EAST" CONTAINS: 9.20± ACRES LANDFILL PARCEL EXHIBIT "A" SHEET 2 OF 2 N8717'22"W 40.26' N8717'22"W 1074.8 ,i : . NO COm " "B -1C EAST" M N N 0� SLY LINE "IRP SITE 2" PER R.S. 113/15-22 R.S. 113/15-22 NOTES: BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM (NAD 83) ZONE 5. TO OBTAIN GROUND DISTANCES, DIVIDE THE DISTANCE SHOWN BY 0.99993157. REVISION PREPARED BY: Associated Engineers, Inc. Wlt EAST SH^M9r5TRM OHTAR10, CAUM MA 91764 TF1.: (909j960-1962 • FAY.(909)947-0691 "OSMA-2" FRAC. SEC. 8 T.13., R.3W., S.B. E M M. r "E 156 II Z 10-- z 44 Q O Jw a� w SCALE: 1'=400' PR?ARM FOR; SAN SERNARMNO LNTERNATIONAL AIRPORT AUTHORITY. "B-1 C EAST" FEBRUARY 27, 2003 CERTIFICATE OF LIEN OCTOBER 12, 2004 TOTAL ' $1,554.16 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0040097-05* $42.23 2. 0040114-09* $183.30 3. 0150118-03 $23.49 4. 0340122-01 $44.96 5. 0440256-02 $21.27 6. 0520010-02* $18.42 7. 0520173-02* $107.80 8. 0520184-06* $29.38 9. 0530046-01* $31.14 10. 0710031-03* $206.27 11. 0910786-01* $74.50 12. 1020047-01+ $135.42 13. 1020116-02* $48.61 14. 1050070-04* $35.32 15. 1210701-00* $58.08 16. 1211574-05* $157.14 17. 1231111-04* $104.70 18. 1231134-01 $37.50 19. 1400262-05 $31.50 20. 1530327-01 $50.13 21. 1560935-09* $113.00 TOTAL ' $1,554.16 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 4D East Valley :Water District Board Memorandum From: Brian W. Tompkins / Chief Fina ial fficer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period September 29, 2004 through October 7, 2004. Background: Date: OCT 12, 2004 Accounts payable checks are shown on the attached listing and include numbers 198946 to 199112 for A total of $937,528.24. The source of funds for this amount is as follows: Construction Fund —Loan Unrestricted Funds $937,528.24 Payroll disbursed was for the period ended October 1, 2004 included checks and direct deposits, Totaling $89,360.87. 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It w J > J J J J U U o O 2 a a a (7 (7 t7 3 ? w w ¢ y 0 y Z Z z z> w w LLO O } ¢ a a ¢ ¢ w w 33 IE O O § ¢ ¢ w 03 mZ m w ¢ ¢ zd ual m y 0 z z `o `oaaJ�u "�' "�'j 0O- o� ate_- o�'iu ao-'ii oo-w CO ca.7 m as as wail >,> r-- r+- H » » » 33 33 3 : 33 33 33 33 33 33 33 a v a g y g a e v a a a v g a v v e v s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C C C C C C Z r O O O O O O O O O O O O O O O O O O O s U T Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y VI- U U U U U U U U U U U U U U U U U U U U O O N N M M d N W h W W W rn O O O y O O O O O O O O O O O O O O O u rn rn w m m m rn rn m of m m rn rn m m rn w m m L c` rn rn m m m rn m rn m rn m rn rn rn m m rn rn rn m � o a ry M f0 G N N piWp O t7 S S S S O O O O O O g S S o Eo rn rn rn rn d � m rn rn m � 3t rn rn aO g�o K a`nb d O W W O R N N rn O V Ori 3 a t0 � o O _ _ a9 W O a N tpOp tlp�p {VO � CS Z Z O aWJ t0 O N t00 f0 > �`1 cv N A T 7 7 N m c a O O O O O O O O O O O O O O O O O O O of > > > > > > > > > > > ¢ > > > > > > > > `il d N 10 1� rn W N N N v O ^ V tw N LL' Z M M M M M M M M M M M M M M M M M M M M 9 O O O O O O O O O O O O O O O O O O O O G pV m� a q o o Q o M o o o o o b o o o 9 0 0 f < < U U U LU w Q. It w J > J J J J U U o O 2 a a a (7 (7 t7 3 ? w w ¢ y 0 y Z Z z z> w w LLO O } ¢ a a ¢ ¢ w w 33 IE O O § ¢ ¢ w 03 mZ m w ¢ ¢ zd ual m y 0 z z `o `oaaJ�u "�' "�'j 0O- o� ate_- o�'iu ao-'ii oo-w CO ca.7 m as as wail >,> r-- r+- H » » » 33 33 3 : 33 33 33 33 33 33 33 a v a g y g a e v a a a v g a v v e v s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C C C C C C Z r O O O O O O O O O O O O O O O O O O O s U T Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y VI- U U U U U U U U U U U U U U U U U U U U O O N N M M d N W h W W W rn O O O y O O O O O O O O O O O O O O O u rn rn w m m m rn rn m of m m rn rn m m rn w m m L c` rn rn m m m rn m rn m rn m rn rn rn m m rn rn rn m gyo b da�pp OI A N N S S S S O O O O O O Eo rn rn rn rn d � m rn rn m � 3t rn rn aO g�o K a`nb d O W W O R N N rn O V Ori 3 a t0 � o O _ _ a9 W O a N tpOp tlp�p {VO � CS Z Z O aWJ t0 O N t00 f0 > �`1 cv N A T 7 7 N m c a O O O O O O O O O O O O O O O O O O O of > > > > > > > > > > > ¢ > > > > > > > > `il d N 10 1� rn W N N N v O ^ V tw N LL' Z M M M M M M M M M M M M M M M M M M M M 9 O O O O O O O O O O O O O O O O O O O O G pV m� a q o o Q o M o o o o o b o o o 9 0 0 f < < U U U LU w Q. It w J > J J J J U U o O 2 a a a (7 (7 t7 3 ? w w ¢ y 0 y Z Z z z> w w LLO O } ¢ a a ¢ ¢ w w 33 IE O O § ¢ ¢ w 03 mZ m w ¢ ¢ zd ual m y 0 z z `o `oaaJ�u "�' "�'j 0O- o� ate_- o�'iu ao-'ii oo-w CO ca.7 m as as wail >,> r-- r+- H » » » 33 33 3 : 33 33 33 33 33 33 33 a v a g y g a e v a a a v g a v v e v s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C C C C C C Z r O O O O O O O O O O O O O O O O O O O s U T Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y VI- U U U U U U U U U U U U U U U U U U U U O O N N M M d N W h W W W rn O O O y O O O O O O O O O O O O O O O u rn rn w m m m rn rn m of m m rn rn m m rn w m m L c` rn rn m m m rn m rn m rn m rn rn rn m m rn rn rn m la,Q,O \|7222 Mg ® ® \ /- - ° ,\/ § |! , , E § ) k k k )| d § ) t k 2 § 2 7) D @ �) ( �� a a 2 $® % )J R ; e ; 9 e — a (f® / > X20 a � `0 � CL M\ 2 2 2 2 2 LU \ \ \ Ew @! ! 7 7 7 § 2 >; A k A 38: d (90 - ° u ( ( ( K \ | £!{ \ \ )/j U, la,Q,O \|7222 George E. "Skip" Wilson East Valley E. S�°"`een Water District "Cl P D. resDonald D. Goodin P.O. BOX 3427 Director San Bernardino, California 92413 Glenn R. Ughtfoot Director (909) 889-9501 Edward S. Negrete Director Robert E. Martin General Manager Brian W. Tompkins Chief Financial Officer Memorandum Paul R. Dollar District Engineer Dated: October 6, 2004 To: Bob Martin From: Paul Dolter, Gary Sturdivanr Subject: Underground Storage Tank Regulatory Issues Introduction The District is constantly faced with changing regulatory issues. One of the many issues affected is the operation of the District's underground storage tanks. Our yard currently houses three underground storage tanks: One 3,000 -gallon tank for gasoline, one 500 - gallon tank for diesel fuel and one 500 -gallon tank for waste motor oil. South Coast Air Quality Management District (AQMD), State Water Resources Control Board (Water Control Board), San Bernardino City Fire, and San Bernardino County Fire regulate these underground tanks. The District is currently faced with two new regulations affecting our underground tanks. One new requirement is to modify the vapor recovery system on the gasoline tank. To meet AQMD requirements, the District updated the vapor recovery system two years ago. However, a ruling from AQMD requiring more updating has been issued with a completion date of April 1, 2005. On top of this requirement is a Water Control Board requirement that all owners of any underground storage tank (UST) must have a "Designated UST Operator" on staff by January 1, 2005. This Operator must be licensed by the State of California to make monthly inspections of all underground storage tanks, venting systems, piping, electronic control systems, and new record keeping requirements. The issue is further confused by the District's plans to build a new Headquarters. This in turn means the present District Yard will no longer be required. When the District vacates the current Headquarters we will have to remove the underground storage tanks. The property cannot be sold with the underground storage tanks in place. Implementation Issues and Costs Vapor Recovery System The first issue is the vapor recovery system update. This update requires the District to install the Enhanced Vapor Recovery system (EVR) on our gasoline storage tank. Under this requirement, the District's contractor would obtain permits from AQMD, San Administration (909) 885-4900, Fax (909) 889-5732 • Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888.6741 Bernardino County Fire Department, and the City of San Bernardino. The contractor would then excavate around our gasoline storage tank and install two new tank collars, sumps, and lids. Finally, he would install a new EVR system and new liquid/vapor monitoring sensors. AQMD and Air Resources Board guidance on the issue can be found in attachments 1 and 2. The cost to perform this upgrade is $42,900.00 (see attachment 3) Designated Underground Storage Tank Operator The next issue is the Water Control Board's requirement to have a "Designated UST Operator" by January 1, 2005 (Health and Safety Code 25281.1 (a)(4)(A)(1). This requires a District employee to become certified by the State of California, to conduct monthly inspections of all UST's. The UST Operator must train all employees annually on the proper procedures of refueling vehicles and equipment. This ruling affects both underground and aboveground storage tanks. Therefore, if we install aboveground tanks at our new facility, we will have to comply with this ruling (see attachment 4). It would cost $795.00 to take the training class and another $150.00 to take the State test. We could contract this function out to the County of San Bernardino. However, the County could not give me a cost for this service at this time. Analysis These issues have raised policy questions regarding how the District will function on a daily basis and in emergency operations. These policy questions are as follows: 1) should the District continue to operate a fueling station at our current location: 2) should the District construct a refueling station at our new location? Following is an analysis of existing operational costs and required capital costs. The District purchases fuel from Poma Distributing Company out of Rialto. Since we "piggyback" on the County of San Bernardino's bid, the District pay's a lower price for fuel. We received 1,378 gallons of regular unleaded gasoline on September 13, 2004 at a cost per gallon, including state taxes, (excluding Federal Excise Tax) of $1.73 (see attachment 5) The local "name brand" gasoline stations are selling gasoline for an average of $ 2.22 a gallon. The prices of fuel were taken on October 4, 2004. All gasoline stations are located within the District boundaries. Annual Fuel Cost The Poma fuel invoices for fiscal year 2003-2004 were reviewed and an average price per gallon of gasoline was established at $1.68 per gallon. The District equipment and vehicles consumed 42,180 gallons of gasoline last fiscal year, for a total actual cost of $70,860.40. Gasoline ranged in price from a low of $1.43 in December of 2003, to a high of $2.16 in August of 2003, for a variance of .73 per gallon. The average Poma price for Diesel fuel is $1.52 per gallon. The District consumed 8,105 gallons during the fiscal year for a total cost, of $12,319.60 and Diesel fuel was also, unstable in its price for the past fiscal year. Diesel ranged in price from a low of $1.25 in December 2003 to a high of $2.12 per gallon in May 2004, for a variance of .87 per gallon. Average cost of Fuel on October 4, 2004 Being a "Special District" the District is exempt from paying Federal Excise Tax. This fact changes the equation of the average cost of fuel for both Poma and purchasing fuel from a gasoline station. The Federal Excise Tax on a gallon of gasoline is $0.15. The tax on Diesel fuel is $0.24 per gallon. Poma does not charge the District for the Excise tax, therefore it is not included in the price. If we purchase fuel at a gasoline station, the District would pay the tax at the time of purchase, but the tax would be 100 % refundable by filing a quarterly tax return statement. This is a simple form that would be completed on a quarterly basis, much like the off-road form filed quarterly by the District. Gasoline Costs Poma Price Average Price Difference $1.95 per gal. $2.22 per gal. $0.12 per gal. 10/4/2004 -0.15 = $2.07 The District purchased 42,180 gallons of gasoline from Poma in the last fiscal year. The District spent $70,862.40 on gasoline during this period. Taking today's Poma price of $1.95 per gallon and multiplying it by last year's gallons, we come up with a today's total of $82,251.00. When you take today's average price of fuel at an independent service station, and deduct the Federal Excise Tax from the price per gallon, multiply it with last fiscal year's gallons used; the District would have spent $87,312.60. The District would have spent an additional $5,061.60. a year if, we had purchased fuel from a gasoline station. Diesel Fuel Costs Poma Price Average Price Difference $2.00 per gal. $2.48 per gal. $0.24 per gal. 10/4/2004 -0.24 = 2.24 The District purchased 8,105 gallons of Diesel fuel from Poma in the last fiscal year and spent $12,319.60. Taking today's Poma price of $2.00 per gallon and multiplying it by last year's gallons, we come up with a today's total of $16,210.00. When you take today's average price of fuel at an independent gasoline station, deduct the Federal Excise Tax from the price per gallon, then multiply it by last fiscal year's gallons used, the District would have spent $18,155.20. The District would have spent $1,945.20 more last year if we had purchased Diesel fuel from a gasoline station. Current Situation Historically, AQMD has come out with new rulings on vapor recovery systems every two years. The District made a major upgrade to our tanks in 2002. The new requirements for April 1, 2005 will cost approximately $43,000.00. Another vapor recovery system upgrade is due on April 1, 2007. AQMD has not issued a final approval on the equipment needed for the April 1, 2007, therefore; a cost estimate cannot be supplied. Tank Abandonment Requirements In any case, the District will have to abandon and remove the three underground tanks upon the District vacating our present location. The cost to abandon the tanks is estimated by Tri-State Environmental at approximately $59,000.00 (see attachment 6). The District could sell the current location and retain the UST's only if the District were to comply with all regulations and assuming the District could secure a buyer for the property within the 12 month time frame (see attachment 7). Other Districts I contacted Yucaipa Water District, and West Valley Water District to inquire how they were complying the new issues. Both of these agencies had to replace their underground storage tanks with above ground tanks approximately ten years ago, due to major tank leaks. Both of the Districts contacted did not know about the UST or AST operator regulation that is going into affect January 1, 2005. However, Kip Sturgeon called on October 5, 2004, and informed me that he had been to an AQUA meeting where he asked agencies how they were complying with the new issues. Kip said, that all of the agencies that he talked with had removed their underground tanks years before, due to the cost and liabilities of maintaining these systems. Of the District's contacted by Kip, all stated that they were now purchasing fuel at fleet centers', or gasoline stations. Off-site fueling recommendations Research into alternative fuel suppliers has been completed, taking into consideration the flexibility, cost and District control of the system to be utilized. The new system must be available 24 hours a day 365 days a year. Each of the following companies were contacted, and the information was reviewed: Portia, Global Fleet Services, Chevron Fleet Cards, Arco Fleet, Pacific Pride Fleet Services, Voyager Fleet Services, and Wright Express. After reviewing the information and discussing our options with each of the companies, it became clear that Global Fleet Services would give the District the lowest cost, most control of the system. Global would issue each District employee a Master Card. This credit card would be controlled through the Internet. Credit cards can be coded to only work at the pump, prompting the user to enter the vehicle number, and mileage. This information would be printed on the District's statement. EVWD Management can also control the credit cards as to the user's card function's, (i.e.: as to where the card would work, gasoline stations only, pay at the pump only, set to a maximum gallons per day, or the card can be programmed to work anywhere Master Card is accepted). This credit card can be used at any gasoline station that accepts Master Card. Lost or stolen cards can be cancelled and replaced on-line at any time (See attachment 7). Emergency Fuel Poma Fleet Services has a gasoline station on Waterman and 9s' Street in San Bernardino. This gasoline station uses a coded card system and is open 24 hours a day 365 days a year. I talked with a Poma representative, and asked about the charges related to their system. Poma would issue as many cards as we choose. There are no monthly service charges to obtain this card. This system would serve as an emergency back up. Poma was not chosen as the main supplier since they only have one gasoline station in the area. (See attachment 8) Waste oil issues The District generated 800 gallons of waste oil last fiscal year, at a cost of $370.00 for removal from our underground storage tank. If, our underground tank were removed, we would obtain three 55 -gallon drums and a manufactured containment unit for the drums to sit in. The containment unit, and a pump to move the waste oil from the portable containment unit to the 55 -gallon drums would cost approximately $800.00. The District has a supply of 55 -gallon drums; therefore, there would be no associated cost. Waste oil was picked up twice last fiscal year. If we had it in three 55 -gallon drums, these drums would have to be empted 5 times a year. Mike Maloney opened a new account with "Safety Clean" for waste oil removal. This new service would pick up the 55 -gallon drums within a day of receiving a phone call. Safety Clean has a flat rate charge of $50.00 for each pick up with no maximum. Therefore, the service would cost approximately $250.00 a year, which is $120.00 less per year. Recommendations It is our recommendation that the District abandon all three existing underground storage tanks before January 2005, and set up a contract to purchase fuel using the Global Fleet Master Card system. It is also, our recommendation that an emergency account is set up with Poma Fleet service. This will ensure that the District has other options to obtain fuel in an emergency situation. Furthermore, we also recommend that the District obtain a containment unit for three drums to store waste oil. In our opinion, the price of owning and operating our own tanks has out -weighed their value. We also recommend that the District abandon the plan to have aboveground fuel tanks at our new headquarters, since the ongoing regulatory updates will affect their viability. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 (909) 396-2000 Website: httpIL wwWagnd;gov- ADVISORY TO OWNERS/OPERATORS OF GASOLINE DISPENSING FACILITIES (GDFs) There are several new requirements that will affect most Gasoline Dispensing Facilities (GDFs) by April 1, 2005. All GDFs with underground storage tanks (USTs) will have to make significant equipment upgrades, and/or changes by this date. Planning ahead could save you time and money in construction costs and non-compliance penalties. For additional information, please visit the California Air Resources Board website at www.arb.ca. og v/vQoor/vapor. By April 1, 2005, all GDFs with USTs must meet the following equipment requirements: 1. All Phase I vapor recovery equipment must be changed to an Enhanced Vapor Recovery (EVR) system. This requirement pertains to the underground storage tanks and associated tank filling equipment; including tank vent lines. 2. All Phase H vapor recovery systems must be On Board Refueling Vapor Recovery (ORVR) compatible. 3. All nozzles must meet the new Liquid Retention Requirement. Nozzles complying with the liquid retention standard are listed in Exhibit 1 of the latest version of Executive Order G-70-199 located at www.arb.ca. og v/vapor/eo- haselI. 4. Unihose dispensers will be required when a GDF replaces more than 50% of the facility's dispensers, or the facility under goes any major modifications. NOTE: AQMD requires submission of a permit application for all major modifications to GDF equipment or the vapor recovery system. You can contact our main office for application forms, or you can access our website to download applications at http://www.agmd.gov/permits/. 14 CD�a�•I r arh i' I. 1: to �} fi:°• i �y'' E �I f�•O co i CV • •� 1x111'..��. yak a-$ � w i.. "�,, I'i ry•S o o W N ' or n m N ; _ m �.r. ., „::�.L... �... �. .•ra �'w 111 Q ^ E Q f •�XXy'. •� Q O N N m � CU Y •a� . N Tj a Qa N " C O v O r'` N fl, : Cl) �8 4�o,V4vrs� "A y y u �:', •n! r i• u�,•.,a Li.lj^!}111 Vdoe y5' „� •y w1 fffr a L 4;,' ly to u, '. 'i. 'i�yerJ•• • 01no L,fy�t r• f• of a E c i $ R � o o N n m N ; _ m Q ^ E taaj •� Q O N N m � CU Y LL Tj a Qa N " C O v O N Cl) �8 Nd m 4- `u O! a� L v O 0 YO N m .fl a° a L 4 O L ) m3 m9 O O E 0G1 Cai = f0 m C 6 C i13) o Q Cr QJ n m a)N C-+ 4-1 Q 'Dcc E illy- - L {p m n to o r v W v N _ O -0 N 7 O -O 4-N m �O @ p 0 D w W Z fT 1 , ; I � I ' I 3 1 •i N I � m i California Environmental Protection Agency Air Resources Board Gasoline Dispensing Facility Vapor Recovery Advisory Enhanced vapor Recovery Implementation Update Number 321 October 29, 2003 The Enhanced Vapor Recovery (EVR) regulations became state law on April 1, 2001 with recent amendments becoming effective by December 2003. This advisory pertains to current and future EVR requirements for Phase I and Phase II vapor recovery systems at gasoline dispensing facilities (GDFs) with underground storage tanks. EVR DEADLINES DEPEND ON GDF CLASSIFICATION AS "NEW" OR "EXISTING" The EVR program is being phased -in according to the attached EVR timeline. EVR requirements apply to both new and existing vapor recovery system installations. New installations must comply with all EVR requirements in effect at time of installation. State law provides four years after the effective date of the EVR requirement for existing systems to comply. However, changes to the GDF that qualify as a "major modification" will change the status of an "existing installation" to a "new installation" and thus may require immediate upgrades to meet EVR requirements in effect at the time of the modification. This includes voluntary GDF upgrades or changes prompted by requirements of other agencies, such as the local water quality agency, except where specifically exempted from the "major modification" definition. I. Modifications that Trigger EVR Phase I Requirements: Modification that causes the tank top to be unburied, including replacement or removal of an underground storage tank. 11. Modifications that Trigger EVR Phase II Requirements (including unihose dispensers): • Addition, replacement or removal of 50 percent or more of the buried vapor piping. • The replacement of dispensers. • Modifications to dispensers may require use of unihose configurations as described in CP -201 section 4.11.* Exceptions: • The replacement of a dispenser is not a major modification when the replacement is due to accident or vandalism. • Phase II system upgrades to make the systems ORVR compatible do not constitute a maior modification. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand ana cu: your energy cost, see our web site at hhp7/vww,,2rb.caoov. Advisory Number 321 Page 2 *underlined language added in amendments expected to be effective December 2003 The EVR program requirements are discussed in the next several sections. PHASE I VAPOR RECOVERY SYSTEMS Phase I system components reduce emissions associated with gasoline deliveries to the underground tank. All new GDFs, or those undergoing Phase I major modifications, constructed after July 1, 2001, must comply with EVR Phase I requirements. Existing facilities must upgrade to meet the EVR Phase I requirements by April 1, 2005. Information on certified EVR Phase I Vapor Recovery Systems can be found at http://www.arb.ca.cov/vapor/eo-evrphasel.htm. This webpage is updated as new EVR Phase I systems are certified. EVR certified Phase I parts or components must be used as replacement parts when they are compatible with systems certified prior to EVR. EVR does not require use of parts or components when ARB has determined that they are not commercially available or if they are not compatible with pre-EVR Phase I systems. Installation of replacement components or parts does not require that the entire facility. upgrade to a Phase I EVR certified system unless the equipment replacement is part of a Phase I major modification. LIQUID RETENTION NOZZLE REQUIREMENT Effective July 1, 2001, vapor recovery nozzles at new gasoline dispensing facility installations must comply with the liquid retention requirement of 350 milliliters per 1,000 gallons of gasoline dispensed. Liquid retention is defined as gasoline in the atmospheric side of the vapor check valve and/or in the nozzle liquid path. Nozzles complying with the liquid retention standard are listed in Exhibit 1 of the latest version of Executive Order G-70-199 located at http://www.arb.ca.00v/vapor/eo-Phasell.htm. Exhibit 2 of the latest version of Executive Order G-70-199 series lists replacement nozzles for existing certified Phase II vapor recovery systems. For systems without any nozzles meeting the liquid retention standard, non-compliant nozzles may continue to be sold as replacement parts only. Nozzles that are already installed on a system may be repaired with certified parts offered by manufacturers until the nozzle is replaced. UNIHOSE DISPENSERS Facilities with non-unihose dispensers installed before April 1, 2003, are not required to change to unihose dispensers unless: 1. A facility replaces more than 50 percent of the dispensers or makes a modification, other than the installation of required sensors, that modifies over 50 percent of the vapor piping in the dispensers. For example, modifications to Advisory Number 321 Page 3 assist dispensers to transform to balance dispensers could trigger the unihose requirement. 2. Facility modifications occur that meet the definition of "major modification" for a Phase II system. Exception: dispensers which must be replaced due to damage resulting from an accident or vandalism may be replaced with the previously installed type of dispenser. ORVR COMPATIBILITY Phase II vapor recovery systems installed after April 1, 2003 must be compatible with Onboard Refueling Vapor Recovery (ORVR) systems. ORVR systems were introduced in 1998 model vehicles and now are required on most new cars and light-duty trucks. Phase II systems currently certified as ORVR compatible are provided below. Existing facilities must have ORVR compatible Phase II systems by April 2005. CARB staff are working with equipment manufacturers to certify components to make existing systems ORVR compatible until EVR Phase II systems are available (see next section). EVR PHASE 11 (INCLUDING EVR NOZZLES AND IN -STATION DIAGNOSTICS) Phase II vapor recovery systems control emissions associated with vehicle fueling. EVR Phase 11 systems are certified to several new standards, including ORVR compatibility, more stringent spillage and "dripless nozzle" requirements, in -station diagnostics (ISD), and storage tank pressure limits. Several manufacturers have submitted applications for EVR Phase 11 certification, but no system has yet been certified. By regulation the implementation date for the new EVR Phase II system standards, other than ORVR compatibility, has been delayed to April 1, 2004. The regulations also permit the ARB Executive Officer to administratively re-evaluate the April 1, 2004 implementation date if more time is needed to certify systems. At present, existing facilities have up to April 2008 to upgrade to EVR Phase II systems. ISD PHASE-IN AND EXEMPTION FOR LOW THROUGHPUT FACILITIES CARB Executive Method of Achieving ORVR Phase Il System Order & Compatibility Approval Letters Healy G-70-186 Nozzle senses ORVR vehicles and G-70-191 turns off assist vapor pump Balance G-70-52 No vapor pump, so no forced air Letter 03-04 ingestion into underground tank Hirt G -70 -177 -AA Vapor processor maintains negative Letter 03-06 pressure. Limited to 8 fueling points Existing facilities must have ORVR compatible Phase II systems by April 2005. CARB staff are working with equipment manufacturers to certify components to make existing systems ORVR compatible until EVR Phase II systems are available (see next section). EVR PHASE 11 (INCLUDING EVR NOZZLES AND IN -STATION DIAGNOSTICS) Phase II vapor recovery systems control emissions associated with vehicle fueling. EVR Phase 11 systems are certified to several new standards, including ORVR compatibility, more stringent spillage and "dripless nozzle" requirements, in -station diagnostics (ISD), and storage tank pressure limits. Several manufacturers have submitted applications for EVR Phase 11 certification, but no system has yet been certified. By regulation the implementation date for the new EVR Phase II system standards, other than ORVR compatibility, has been delayed to April 1, 2004. The regulations also permit the ARB Executive Officer to administratively re-evaluate the April 1, 2004 implementation date if more time is needed to certify systems. At present, existing facilities have up to April 2008 to upgrade to EVR Phase II systems. ISD PHASE-IN AND EXEMPTION FOR LOW THROUGHPUT FACILITIES Advisory Number 321 Page 4 ISD monitors will be certified in conjunction with EVR Phase II systems and will alert the station operator when a vapor recovery system failure occurs and will shut down dispensing if the problem is not addressed. Deadlines for ISD installation depend on facility gasoline throughput as shown in the following table. Gasoline Annual Throughput (gallyr) ISD Required for New/Modified* Facilities ISD Required for Existing Facilities > 1.8 million Aril 2004 Aril 2008 > 600,000 and < 1.8 million Aril 2005 Aril 2009 < 600,000 NOT REQUIRED NOT REQUIRED *modification meeting definition of Phase II major modification in D-200 AIR POLLUTION CONTROL DISTRICTSIAIR QUALITY MANAGEMENT DISTRICTS Although the State Air Resources Board sets vapor recovery system standards and is responsible for certifying systems to meet those standards, districts have primary authority for regulating GDFs under vapor recovery rules. Districts also issue GDF permits and conduct compliance inspections and testing. GDF operators should contact the local air district for speck information on local vapor recovery requirements — especially before modifying the facility. PARTIAL EVR EXEMPTION FOR OZONE ATTAINMENT DISTRICTS Existing GDFs in districts that are in attainment with the state ozone standard are exempt from most EVR requirements and may continue to use pre-EVR Phase II systems. These facilities are still subject to the April 2005 deadline for ORVR compatibility. Also, new GDFs and existing GDFs undergoing a Phase II major modification in attainment areas must comply with EVR requirements. FOR MORE INFORMATION Answers to frequently asked questions on the vapor recovery requirements are available at http://www.arb.ca.gov/vapor/faq.htm. You can also submit a question at this website. Answers to the most common questions will be posted. Information on the Vapor Recovery program is available at the Air Resources Board vapor recovery web site at http://www.arb.ca.00v/vaoor/vapor.htm or by contacting the ARB Engineering and Certification Branch at (916) 327-0900. Information on the State Water Resources Control Board's California Underground Storage Tank program can be found at h#p://www.swrcb.ca.gov/cwphomelust/. a I 0 0 7FDr. •> Ai Iko O O C*J 0 wYi I 0 0 •> Ai C14, 0 0 I Ai CP Jul 06 04 01:42p Tki oSTATE S —ENVIRONMENTAL East Valley Water District PO Box 3427 San Bernardino, CA 92413 Attw Gary Sturdivan July 6, 2004 Dear Gary, Y`� Following is a proposal for UST upgrading. (Sump fill end oftanks and install EVR on the unleaded tank). SCOPE OF WORK • Obtain plans and permits • Break out and excavate to the tank • Install (2) tank collars, (2) sumps and (2) lids • Install EVR package at unleaded fill • Install new sensors to existing monitor 4i Supply all labor and inspections d�)z Total: $42,900.00 EXCLUSIONS: p.a 1. This quote is for the scope of work described above only. Any other labor fees, penalties, materials, equipment, services, or documentation will be quoted on a line item basis. 2. Excavation, loading, hauling or disposal of any contaminated soil, liquid, or materials. 3. Damage to any unknown underground utilities. 4. Owner to provide water, power, and sanitation facility access at the job site for the duration of the project We appreciate the opportunity to work with you and should you have any questions or would like to schedule any of our services, please call me at 909473-7114. Sincerely, Dawn Harkey Accounts Manager (800) 460-8349 0 (760) 956-0024 0 Fax (760) 956-1015 Vdify, or terminate the permit to operate the underground storage tank upon receiving ersbip transfer request. (e) Thocal agency shall not renew an underground storage tank permit unless the and ound storage tank has been inspected by the local agency or a special inspector within previous 12 months and the inspection verified that the underground storage tank complied iZ the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. a inspection shall be conducted as specified in section 25288 the appregr-iete subseetiee of apter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicates nonco liance, the local agency shall verify by a follow-up inspection that all required correctiohoave been implemented before renewing the permit. (f) Within 30 calendar days receiving an inspection report from either the local agency or the special inspector, the pdtpit holder shall implement the corrections specified in the inspection report and comply wt ea4 the permit conditions. The corrective action shall include all of the recommendatio ade by the local agency or special inspector. The local agency may waive the implem\thecommendation of any of the special inspector's recommendations based on a demoy the permit holder to the local agency's satisfaction that failure to implemenwill not cause an unauthorized release. (g) The local agency shall take appropriate enfc of the Health and Safety Code or prohibit the of or operator fails to comply with the monitoring reporting requirements of Article 5. (h) The local agency shall provide the permittee with a requirements of Chapter 6.7 and 6.75 of the Health and regulations. action pursuant to section 25299 of the tank systems if the owner nents in Article 3 or 4 or the list of all applicable Code and these (i) A copy of the permit and all conditions and attachments, including monitoring plans, shall be retained at the facility. 0) All primary containment shall be product -tight. (lc) Owners and operators shall use care to prevent releases due to spilling or oN Before product is delivered, owners, operator, or their agents shall ensure that the available in the tank is greater than the volume of product to be transferred to the and shall ensure that the transfer operation is monitored constantly to prevent ove and spilling. Authority: Health and Safety Code 25299.3, 25299.7 Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293, and 25294, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45, and 281.32(e) $ 2715. Certification, Licensine, and Trainine Requirements for Undereround Storage Tank Owners, Operators, Installers. Service Technicians, and Inspectors. 23 Final Version (a) By January 1, 2005, owners of underground storage tank systems sball submit a signed statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned. The owner shall inform the local agency of any change of designated UST overator(s) no later than 30 days after the change. (b) Effective January 1, 2005, designated UST operators shal possess a current certificate issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months. (c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated. The results of each _inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following: (1) Reviewing the alarm history report or log for the previous mouth, and checking that each alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarm(s), shall be attached to the monthly visual inspection record. (2) Inspecting for the presence of hazardous substance, water, or debris in spill containers. (3) Inspecting for the presence of hazardous substance, water, or debris in under -dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest Possible opportunity. (4) Inspecting for the presence of hazardous substance, water, or debris in containment sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity. (5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with subdivision 2715(D. (d) The designated UST operator(s) shall provide the owner or operator with a copy of each monthly inspection report, and alert the owner or operator of anv 24 Final Version condition discovered during the monthly visual inspection that may require follow-up actions. (e) The owner or operator shall maintain a copy of the monthly inspection record and all attachments for the previous twelve months. The records shall be maintained on-site or, if approved by the local agency, off-site at a readily available location. (f) By July 1, 2005, and every twelve months thereafter, the designated UST operators) shall train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire. (A) The operation of the underground storage tank system in a manner consistent with the facility's best management practices. specified in the facility's monitoring plan. in the facility's response plan. equipment alarms. meet the following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the 25 P.O. BOX 5728 SAN BERNARDINO, CA 92412.5728 (909) 877-2441 FED. ID. #95-3089436 FAX (909) 877-6391 67270 SOLDTO: EAST VALLEY WATER DI P.O. BOX 3427 SAN BERNARDINO, CA TIME IN: OUT: STRICT SHIPTO: EAST VALLEY WATER DISTRICT 1155 DEL ROSA AVE 92413-3427 SAN BERNARDINO, CA 922410 ***HAZ-MAT EMERGENCY RESPONSE NUMBER (800) 633-82253 16673 1KENT FISH I NET 30 DAYS 110-13-04 �r�e.nuu e 10 102 09-10-04 09-13-04 (909) 877 -LUBE NO. OF PKG'S BULK OR PKG.SRE PRODUCT DELIVERED ORDERED DELIVERED TAXES PRICE AMOUNT FFD SiAIE SAIES DIESEL FUEL, 3, NA-1993,PG III - THE PRICE OF THIS DIESEL DOES NOT INCLUDE FEDERAL MOTOR FUEL TAX UNLESS SHOWN AS A SEP - ITEM AND CONTAINS NO VISIBLE EVIDENCE OF DYES BULK CAkS LS DIESEL FUEL #2 2280 280X T T 1.5522250 434.71 MOTOR VEHICLE FUEL TAX - D/F 0.18000 50.41 STATE OIL SPILL FEE - GRLS 0. , < 7 GASOLINE 3 UN -12203 PG II BULK RESULAR bNLkAD 5.7 EfiHANOL 1378 1378X T T 1.55400 2,141.4', OILISPILLUFEETAX 00:108000 24�8-�6, STATE GALGAS S0 1 EACH RESULATORY COMPLIANCE FEE - 1 i T 3.59000 3.5'. /! -.)... 4 ... 1APPROVED Fop PAYMENT /fI� E �LSIb�Q�15� r -Di SEP 15 2004 East ValleY Water '' // District LCo � y y . EPA REFORMULATED GAS (OPRG, OPRGAS) •SIMPLE MODEL CERTIFIED MAXIMUM 1.30 VOL% BENZENE. EPA MINIMUM 1.50 WT% OXYGEN CONTENT. EPA MAXIMUM 3.50 WT% OXYGEN CONTENT. NOT VOC CONTROLLED. THIS GASOLINE IS OXYGENATED TO MEET CALIFORNIA REQUIREMENTS. BUT IT DOES NOT MEET REQUIREMENTS FOR USE IN CARBON MONOXIDE NOT -ATTAINMENT AREAS OUTSIDE CALIFORNIA. THIS GASOLINE CONTAINS DETERGENT ADDITIVES AS REQUIRED BY 40 CFR PART 80. PAST DUE AFTER 10-13-04 . it amount unpaid attain ame pamuned. customer agrees to my interest a18 % Thai. ingWs. hG.l A.h. psaFn. Ivan 5w m.s mt xMwe SUBTOTAL F, 880. 11 PER ANNUM and attd e a hes R actounl is ralaned to an aaomay for cdIBCGon. Tine undersigned hareby slates that NO 4 aNM1onZad to bind One IadsN e.cw w an Gssal aul m Principal to me firms hands. 51i1° "°° hal 1°'t °^h°i °h0M'^ °5 ° SALES TAX 7.75 j 1 .34 a.p.nn item. DRUMS DELIVERED DRUMS RETURNED DRUMS NET CHECK CHECK CREDIT CARD 3, mL)[j (�,, NUMBER AMOUNT AMOUNT ERRORS IN PRICE, EXTENSION AND ADDITION SUBJECT TO CORRECTION. XCEIVED IN GOOD ORDER PLEASE PAY FROM THIS INVOIC �r�e.nuu e Jul 06 04 01:42p P.3 '( TRi-STATE -ENVIRONMENTAL Ca. A738065 Fast Valley Water District PO Box 3427 San Bernardino, CA 92413 Attn: Gary Sturdivan July 6, 2004 Dear Gary, Following is a proposal for UST removal SCOPE OF WORK • Obtain plans and permits • Break out, excavate, haul and dispose of existing tanks • Obtain soil samples and closure report • Backfil l and recover • Supply all labor and inspections Total: $59,185.00 EXCLUSIONS: 1. This quote is for the scope of work described above only. Any other labor fees, penalties, materials, equipment, services, or documentation will be quoted on a line item basis. 2. Excavation, loading, hauling or disposal of any contaminated soil, liquid, or materials. 3. Damage to any unknown underground utilities. 4. Owner to provide water, power, and sanitation facility access at the job site for the duration of the project We appreciate the opportunity to work with you and should you have any questions or would like to schedule any of our services, please call me at 909-473-7114. S' cerely,�/^!�j/)/-/%��jf 1 Dawn Harkey Accounts Manager (800) 440-8349 0 (760) 956-0024 C3 Fax (760) 956-1015 Cal. Code Regs. Title 23, Division 3, Chapter 16, Underground Tank Regulations § 2671. Temporary Closure Requirements. (a) An owner or operator shall comply with all of the following requirements to complete and maintain temporary closure of an underground storage tank: (1) All residual liquid, solids, or sludges shall be removed and handled in accordance with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code. (2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted, as often as necessary, to levels that will preclude an explosion or to lower levels as required by the local agency. (3) The underground storage tank may be filled with a noncorrosive liquid that is not a hazardous substance. This liquid shall be tested and the test results submitted to the local agency prior to removal from the underground storage tank at the and of the temporary closure period. (4) Except for required venting, all fill and access locations and piping shall be sealed using locking caps or concrete plugs. (5) Power service shall be disconnected from all pumps associated with the use of the underground storage tank unless the power services some other equipment which is not being closed, such as the impressed -current cathodic protection system. (b) The monitoring required pursuant to the permit may be modified by the local agency during the temporary closure period In making a decision to modify monitoring requirements, the local agency shall consider the need to maintain monitoring in order to detect unauthorized releases that may have occurred during the time the underground storage tank was used but that have not yet been detected. In all cases, corrosion protection shall continue to be operated. (e) The underground storage tank shall be inspected by the owner or operator at least once every three months to verify that the temporary closure measures are still in place. The inspection shall include but is not limited to the following: (1) Visual inspection of all locked caps and concrete plugs. (2) If locking caps are used, at least one shall be removed to determine if any liquids or other substances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to subsection (a)(3) of this section. (d) At the end of a temporary closure period over 12 months, including any extension granted by the local agency, the owner may reuse the underground storage tank only if the tank meets the requirements of Article 3 for new underground storage tanks or is upgraded to meet the requirements of Article 6. (e) All new and existing underground storage tank systems which have been temporarily closed must continue to comply with repair and recordic"ping requirements, release reporting and investigation requirements, and release response and corrective action requirements specified in this chapter and Chapter 6.7 of the Health and Safety Code, Authority: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70 and 281.36(a)(1). § 2672. Permanent Closure Requirements. (a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subsection (b) for underground storage tank removal or subsection (c) for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner, however, all closure actions shall be conducted in accordance with this section. Subsections (d) and (e) apply to all underground storage tanks subject to permanent closure. () Owners or operators of underground storage tanks subject to permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as hazardous wastes or recyclable materials in accordance with Chapter 6.5 of the Health and Safety Code. 51 rr7 y Cal. Code Regs. Title 23, Division 3, Chapter 16, Underground Tank Regulations (2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be iaerted to levels that shall preclude explosion or to lower levels as required by the local agency. (3) When an underground storage tank or any part thereof is disposed of� the owner or operator shall document to the local agency that proper disposal has been completed. This documentation shall be submitted within the time frame specified by the local agency. (4) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall advise the local agency, within the time frame specified by that agency, of: (A) The name of the new owner and new operator of the underground storage tank; (B) The location of intended use; and (C) The nature of intended use. (e) Owners or operators of underground storage tanks subject to permanent clasure where the tanks are approved to be closed in place shall comply with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as a hazardous waste or recyclable materials in accordance with Chapters 6.5 and 6.7 of the Health and Safety Code. (2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the local agency. (3) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures or other pipes that are being used and that aro contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped (4) The underground storage tank, except for piping that is closed in accordance with subdivision (3), shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonbazardous substance which is compatible with the previous use and construction of the underground storage tank (d) The owner or operator of an underground storage tank being closed pursuant to this section shall demonstrate to the satisfaction of the local agency that no unauthorized release has occurred. This demonstration shall be based on soil sample analysis and/or water analysis if water is present in the excavation. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows: (1) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank, a minimum of two feel into native material at each end of the tank in accordance with section 2649. A separate sample shall be taken for each 20 linear -feet of trench for piping. (2) If the underground storage tank or any portion thereof is not removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency. (3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement for analysis of all constituents, breakdown or transformation products when key constituents that pose a significant threat to water quality or the environment can be identified for analysis- (.e) nalysis. (e) The detection of any reportable unauthorized release shall require compliance with the applicable requirements of Articles 5 and 11. Authority: Sections 25299.3, 25299.7 and 25299.77, Health and Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code; 40 CFR 280.60 through 280.67, 280.71 and 281.36. 52 Cal. Code Regs. Title 23, Division 3, Chapter 16, Underground Tank Regulations Article 8. Site -Specific Variance Procedures § 2650. General Applicability of Article. (a) This article sets forth procedures for site-specific variances from the requirements for the construction and monitoring of new and existing underground storage tanks as described in Chapter 6.7 of Division 20 of the Health and Safety Code and Articles 3 and 4 of this chapter. A site-specific variance, if approved, would apply only to the specific site(s) approved for a variance. These procedures are in addition to those established by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Coda (b) Section 2681 specifies the procedures that shall be followed by the applicant, local agency, and the Regional Water Quality Board for site- specific variance requests. Authority: Sections 25299.3, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code. § 2681. Site -Speck Variances. (a) A site-specific variance allows an alternative method of construction or monitoring which would be applicable at one or more sites within a local agency's jurisdiction. Application for a site-specific variance shall be made to the appropriate Regional Water Quality Board. (b) Prior to applying to the Regional Water Quality Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified if the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board (c) An application for a site-specific variance shall include, but is not limited to: (1) A description of the provision from which the variance is requested. (2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified (3) Any special circumstances on which the applicant relies to justify the findings necessary for the variance, as prescribed by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code. (4) Clear and convincing evidence that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the state from an unauthorized release. (5) Any environmental information or documentation requested by the Regional Water Quality Board pursuant to the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code). (6) A list including names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request. (7) A fee not to exceed $2,750 for variance requests at one site. A fee not to exceed $5,500 for variance requests at more than one site within one local agency's jurisdiction. (d) The Regional Water Quality Board shall review all applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete. (e) The Regional Water Quality Board shall bold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety Code. (f) Any site-specific variance shall prescribe appropriate additional conditions and shall describe the specific alternative system for which the variance is being granted. The Regional Water Quality Board shall notify the applicant, the local agency, and the 53 Cal. Code Regs. Tille 23, Division 3, Chapter 16, Underground Tank Regulations State Water Baud of its decision. (g) If the variance is approved, the local agency shall issue a permit to the applicant which includes the conditions prescribed by the Regional Water Quality Board. A local agency shall not modify the permit unless it determines that the modification is consistent with the variance that has been granted (h) The Regional Water Quality Board shall modify or revoke a variance upon a fording that the proposed alternative does not adequately protect the soil and the beneficial uses of the waters of the state from an unauthorized release. The Regional Water Quality Board shall not modify nor revoke the variance until it has followed procedures comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The Regional Water Quality Board shall notify the local agency and the State Water Board of the modification or revocation. The local agency shall modify or revoke the permit for the site. Authority: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code. 54 G1_gWU FLEET LAR. �(IXANL/AL dERVILEd . A Cdl LOMPAryY Global -Fleet - Comdata BusinessLink MasterCard Corporate Card® Agreement CUSTOMER INFORMATION Company Name: Address: City: Billing Address (If different from above): Telephone: State: Fax #: Contact Name: Billing Attention To: Representative: CSI Global -Fleet FID #: Account #• Zip: 1 -800 -90 -FLEET MASTERCARD CORPORATE CARD" AGREEMENT Terms and Conditions (For Business Use Only) This Agreement is made and entered into by and between Comdata Network, hrc. ("Comdata") and the Customer named above, relating to the establishment of an account with Comdata pursuant to the terms and conditions set forth herein- 1. erein1. Nature of Account and Card Use. Comdata will provide Customer with an account through the use of which Customer may access the financial information and other services provided for herein ("Account"). In connection with the Account, Comdata, in accordance with Customer's request, shall provide special MasterCard Corporate Cards" ("Cards"), which are issued by AmSouth Bank, headquartered in Birmingham, Alabama, or another financial institution ("Issuing Bank"). Customer represents that it is either a governmental, non-profit or commercial business enterprise and agrees that the Account is for business purposes only, and any Card(s) issued under the Account will not be used for personal, family or household purposes. Further, the Account and Card(s) may be used only for valid and lawful purposes. If Customer uses, or allows someone else to use, the Card(s) or Account for any other purpose, Customer shall be responsible for such use and may be required to reimburse Comdata, the Issuing Bank, and MasterCard International Incorporated ("MasterCard") for all amounts or expenses either Comdata, the Issuing Bank or MasterCard pays as a result of such use. All Cards issued to Customer shall remain the property of the Issuing Bank and must be retained upon request. Comdata or the Issuing Bank may cancel, revoke, repossess or restrict the use of Cards at any time. 2. Credit Limit. Comdata will advise Customer of its available credit limit for the Account, as the same may be changed from time to time, and may require security for the performance of Customer's payment obligations. Customer shall not allow its unpaid balance, including fees and other charges on the Account, to exceed its credit limit. If Customer exceeds its credit limit, then Comdata may request immediate payment, suspend service, and charge additional service fees, including, without limitation, an over limit fee of $50.00 and an Account reinstatement fee of $15.00. 3. Payment Terms. (a) Customer shall be responsible for credit extended on the Account. The total amount shown on each Account statement is due and payable by the due date shown on the statement. This amount includes current transactions, applicable fees as set forth below , applicable service fees, amounts past due, late payment charges, charges for returned checks and other applicable charges. Customer agrees to pay a late payment charge on past due balances of $50.00 or the maximum amount permitted by applicable law, whichever is less. Comdata reserves the right to charge a returned check fee of $20.00 or the maximum amount permitted under applicable law, whichever is less. (b) In the event that Comdata engages the services of a collection agency or an attorney to preserve, protect, enforce or defend its rights under this Agreement or relating to use of the Cards, Customer agrees to pay all such costs, fees and expenses of such agency or attorney, including, without limitation, court costs and out-of-pocket expenses. 4. Statements and Reporting. Billing statements and reports are available on-line. At Customer's request, Comdata will provide paper copies of billing statements and reports for a fee of $20.00 per billing cycle. Customer understands and agrees that Comdata may filter data received from merchants from time to time as necessary to provide complete reporting information to Customer. 5. Credit Information. Customer authorizes Comdata to make any credit investigations Comdata deems necessary or appropriate and to request reports from credit bureaus in connection with this Agreement or any update, renewal or extension of credit. Comdata may furnish information with respect to Customer's Account to credit bureaus or others who may properly receive such information. 6. Change of Terms: Termination. Comdata may change the terms of this Agreement at any time. Comdata will notify Customer of any changes. Retention or use of the Account and Cards after the effective date of any change will constitute acceptance of the new terms. If Customer does not agree to any such change, Customer may end this Agreement by notifying Comdata before the effective date of the change and paying what is owed under the terms of this Agreement. Either party may terminate this Agreement at any time by written or telephone notice to the other party. 7. Disputed Item. Customer must notify Comdata in writing of any disputed item on Customer's billing statement within sixty (60) days from the date of the billing statement, or it will be deemed undisputed and accepted by Customer. Unless required by law, Comdata is not responsible for any problem Customer may have with any goods or services charged on the Account. If Customer has a dispute with a merchant, Customer must pay Comdata and settle the dispute directly with the merchant. Comdata is not responsible if any merchant refuses to honor the Card. 8. Default and Remedies. In the event of Customer's default under this Agreement, including, without limitation, failure to comply with the credit limit and payment terms provisions hereof, Comdata shall have the right to immediately suspend the Account until such breach is cured. In WRR Version 4/J 612004 the event any such breach or default is not cured within a reasonable period of time, then Comdata may thereafter terminate this Agreement. Customer's obligation to pay for all outstanding amounts on the Account incurred before the effective date of termination shall survive termination. 9. Lost or Stolen Cards. Customer agrees to notify Comdata immediately of any loss, theft or unauthorized use of the Account or of any Card. Except as set forth in this Section 8, Customer understands that it is liable for unauthorized use of the Account and Cards. Customer will not be liable for unauthorized charges that occur after Customer notifies Comdata of the loss, theft or possible unauthorized use of the Account or a Card issued to Customer. 10. Limitation of Liability. Comdata shall not be liable to Customer for any loss or damages sustained by Customer as a result of delay in servicing a transaction request, delay resulting from equipment failure or transmission failure, act of god or any other cause not within the reasonable control of Comdata. IN NO EVENT SHALL COMDATA BE RESPONSIBLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER COMDATA WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMDATA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Liability of Acts of Customers. Employees and Agents. Customer agrees to hold Comdata harmless from any and all liability resulting from the acts of any employees or agents of Customer, which acts shall include but are not limited to negligent acts of such persons. 12. Miscellaneous. This Agreement shall be governed by the laws of the State of Tennessee without regard to the choice of law niles of such state. Any action to enforce or interpret this Agreement shall be brought in the appropriate judicial forum located in Nashville, Davidson County, Tennessee, and Customer does hereby consent to such jurisdiction and waives any objections thereto. No waiver by either party of any breach of any provision of this Agreement to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other provision of this Agreement. This Agreement together with changes that may be in effect from time to time, constitutes the entire agreement of the parties relating to this subject matter. This Agreement is for the benefit of Comdata, its successors and assigns, and may be assigned by Comdata without the consent of the Customer. Customer may not transfer or assign this Agreement without the prior written consent of Comdata. Customer shall return the originally executed copy of this Agreement to Comdata as soon as possible. Notwithstanding the foregoing, Customer acknowledges and agrees that electronic records and signatures and facsimile copies of signatures shall have the full legal effect of a writing. ACCOUNT FEES: Customer shall pay to Comdata a fee as follows: $1.50 per Card per month $N/A per Card per year N/A% per transaction (flat) ❑ Tiered pricing (based on volume), as follows: Volume of transactions Percentage Fee N/A % N/A % N/A % $ N/A per Card transaction at Preferred A Comdata locations S N/A per Card transaction at Preferred B Comdata locations S N/A per Card transaction at all other Comdata locations THIS AGREEMENT IS SUBJECT TO CREDIT APPROVAL BY COMDATA. ACCEPTED AND AGREED this day of CUSTOMER: By: Printed Name: APPROVED BY: 200_ Printed Name: Title: FOR INTERNAL USE ONLY: CREDIT LIMIT: S SECURITY: ❑ Letter of Credit $ ❑ Bond $ ❑ Security Deposit $ ❑ Other BILLING CYCLE: ❑ Weekly with cycle ending (circle one): S M T W Th F S PAYMENT METHOD: ❑ Wire ❑ Customer initiated ACH ❑ Western Union Quick Collect ❑ Check WRR Version 411612004 Application for Credit Global-Fleet Applicant Infor"'i Conn,nany Md. CRY SW. ZIP Being Monies in d0sront horn OMW) CRY a*% ZIP Telephone F. Ernal Control Penn. $ Federal Tax ID # Annanduas Years in Widneens Years in molool Business Type: I Corporation Partnership mnnbe, of V.hU. / Eroployeas; Natshn,th Sole Proprietor LLC Have you ever had or applied for a Comdata acoot.int? Yes or No (olrobs on.) Key.Persori ..... . � .:1 . Ifillurst corp late Asnd/*r19�.,deperid1ngupon type:and sales z A) Lame Corporation or LLC- over$5.000.000 annual sales. Resident Corona. Inciorporided In: (Y.,) Stats of Unsecured credit requires annual financial statements with notes and your most recent Interim statement B) Partnership. Sole Proprietorship. Small Corporation or LLC (annual set" equal to or Ins than $5,000.0001 Prind,Mad owns. sot*4 S..afty, a 0,M. Lican. I State Homo Md. CRY Shishe Zip Horne Phone Prindpal Owns. snow S..vy 0 1-lons, Md. City Sat. zip Harris Phone Banking Please fax a v—oTde-d-ch@cx coov alono with this c apo nciii on. — Bank W. Md.. CRY Made 21P Conlaothsanne Prons Type dMemint Account Naernber BY fignirg bsioW, APPOCIAt hereby radhortse; his banking reference to raisesa as credit history and canfid Information W Conshat, Nativork, Ino. for purposes of china evaluation, and Appikantgi,oks, Consift parrinission to obtain endArpods W chack Applicants oredh standing. Ploass adson a onp, of Appilose. ahrMlfinar.ahearnitnt. Rrayu.Y.tl by C nxhds. Applicants,. to e Wh askiffinned flne.clid infionnaMM. MdRionally, each uWansigned IMW", as an ofloar, pondpaj, painnis-orsoM pv,,,ao, a Applimint, haotgirftb. Me h1sAh@r INIMdual credit history may be a foolor In Me evaluation &Me onscIfthfiese, ofMalcmt.nd does hieniby ooreent toandsudrr.Meu. dhions, monomer mdR Wort by coincide ft. done W tide. as. assidindirossorka.shodino,no.. By signing baby, each n&WUW affirrhatindall Infiffosation slated in this approadon is unia and onnniottothe MW dh1olser "Madre. X X Signshon, & TIU9 (Prbici,xid Cherar or Company Moor =9 si,;n.) X X Name (Printed) & Dark hism. (Protec!) & Chate Please complete this application In Its entirety. Failure to do so will delay the processing of this application. Not to:be filled out ,byclient' This section Is to be completed lrlteynaLJL. ❑ Purchase Card E] Travel & Entertainment [I Fleet 03rd [] Debit Card ❑ TSD Please select all transaction types above that apply and monthly ""mate of spend dollars below. P-Card T & E Card Fleet Card Debit Method of Payment: Credit Line Requested: $ Payment Schedule: # Of Cards Requested Fax Application to: 239-947-5166 CSI Global -Fleet 1 -800 -90 -FLEET Office 239-947-5169 Version WRR 4-16-2004 Global -Fleet - Comdata BusinessLink MasterCard Corporate Card® Agreement CUSTOMER INFORMATION Account #: Company Name: Address: City: Billing Address (If different from above): Telephone: Contact Name: State: Fax #: Billing Attention To: Representative: CSI Global -Fleet FID #: Zip: 14011-90-1T.RRT MASTERCARD CORPORATE CARD's AGREEMENT Terms and Conditions (For Business Use Only) This Agreement is made and entered into by and between Comdata Network, Inc. ("Comdata") and the Customer named above, relating to the establishment of an account with Comdata pursuant to the terms and conditions set forth herein. 1. Nature of Account and Card Use. Comdata will provide Customer with an account through the use of which Customer may access the financial information and other services provided for herein ("Account"). In connection with the Account, Comdata, in accordance with Customer's request, shall provide special MasterCard Corporate Cardsm ("Cards'% which are issued by AmSouth Bank, headquartered in Birmingham, Alabama, or another financial institution ('lssuing Bank'. Customer represents that it is either a governmental, non-profit or commercial business enterprise and agrees that the Account is for business purposes only, and any Card(s) issued under the Account will not be used for personal, family or household purposes. Further, the Account and Card(s) may be used only for valid and lawful purposes. If Customer uses, or allows someone else to use, the Card(s) or Account for any other purpose, Customer shall be responsible for such use and may be required to reimburse Comdata, the Issuing Bank, and MasterCard International Incorporated ("MasterCard') for all amounts or expenses either Comdata, the Issuing Bank or MasterCard pays as a result of such use. All Cards issued to Customer shall remain the property of the Issuing Bank and must be returned upon request. Comdata or the Issuing Bank may cancel, revoke, repossess or restrict the use of Cards at any time. 2. Credit Limit. Comdata will advise Customer of its available credit limit for the Account, as the same maybe changed from time to time, and may require security for the performance of Customer's payment obligations. Customer shall not allow its unpaid balance, including foes and other charges on the Account, to exceed its credit limit. if Customer exceeds its credit limit, then Comdata may request immediate payment, suspend service, and charge additional service fees, including, without limitation, an over limit fee of $50.00 and an Account reinstatement fee of $15.00. 3. Payment Terms. (a) Customer shall be responsible for credit extended on the Account. The total amount shown on each Account statement is due and payable by the due date shown on the statement. This amount includes current transactions, applicable fees as set forth below, applicable service fees, amounts past due, late payment charges, charges for returned checks and other applicable charges. Customer agrees to pay a late payment charge on past due balances of $50.00 or the maximum amount permitted by applicable law, whichever is less. Comdata reserves the right to charge a returned check fee of $20.00 or the maximum amount permitted under applicable law, whichever is less. (b) In the event that Comdata engages the services of a collection agency or an attorney to preserve, protect, enforce or defend its rights under this Agreement or relating to use of the Cards, Customer agrees to pay all such costs, fees and expenses of such agency or attorney, including, without limitation, court costs and out-of-pocket expenses. 4. Statements and Reporting. Billing statements and reports are available on-line. At Customer's request, Comdata will provide paper copies of billing statements and reports for a fee of $20.00 per billing cycle. Customer understands and agrees that Comdata may filter data received from merchants from time to time as necessary to provide complete reporting information to Customer. 5. Credit Information. Customer authorizes Comdata to make any credit investigations Comdata deems necessary or appropriate and to request reports from credit bureaus in connection with this Agreement or any update, renewal or extension of credit Comdata may furnish information with respect to Customer's Account to credit bureaus or others who may properly receive such information. 6. Change of Terms: Termination. Comdata may change the terms of this Agreement at any time. Comdata will notify Customer of any changes. Retention or use of the Account and Cards after the effective date of any change will constitute acceptance of the new terms. If Customer does not agree to any such change, Customer may end this Agreement by notifying Comdata before the effective date of the change and paying what is owed under the terms of this Agreement. Either party may terminate this Agreement at any time by written or telephone notice to the other party. 7. Disputed Item. Customer must notify Comdata in writing of any disputed item on Customer's billing statement within sixty (60) days from the date of the billing statement, or it will be deemed undisputed and accepted by Customer. Unless required by law, Comdata is not responsible for any problem Customer may have with any goods or services charged on the Account. If Customer has a dispute with a merchant, Customer must pay Comdata and settle the dispute directly with the merchant Comdata is not responsible if any merchant refuses to honor the Card. 8. Default and Remedies. In the event of Customer's default under this Agreement, including, without limitation, failure to comply with the credit limit and payment terms provisions hereof, Comdata shall have the right to immediately suspend the Account until such breach is cured. In the event any such breach or default is not cured within a reasonable period of time, then Comdata may thereafter terminate this Agreement. Customer's obligation to pay for all outstanding amounts on the Account incurred before the effective date of termination shall survive termination. WRR Version 411612004 the event any such breach or default is not cured within a reasonable period of time, then Comdata may thereafter terminate this Agreement. Customer's obligation to pay for all outstanding amounts on the Account incurred before the effective date of termination shall survive termination. 9. Lost or Stolen Cards. Customer agrees to notify Comdata immediately of any loss, theft or unauthorized use of the Account or of any Card. Except as set forth in this Section S, Customer understands that it is liable for unauthorized use of the Account and Cards. Customer will not be liable for unauthorized charges that occur after Customer notifies Comdata of the loss, theft or possible unauthorized use of the Account or a Card issued to Customer. 10. Limitation of Liability. Comdata shall not be liable to Customer for any loss or damages sustained by Customer as a result of delay in servicing a transaction request, delay resulting from equipment failure or transmission failure, act of god or any other cause not within the reasonable control of Comdata. IN NO EVENT SHALL COMDATA BE RESPONSIBLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER COMDATA WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, COMDATA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Liability of Acts of Customers. Employees and A¢ents. Customer agrees to hold Comdata harmless from any and all liability resulting from the acts of any employees or agents of Customer, which acts shall include but are not limited to negligent acts of such persons. 12. Miscellaneous. This Agreement shall be governed by the laws of the State of Tennessee without regard to the choice of law Hiles of such state. Any action to enforce or interpret this Agreement shall be brought in the appropriate judicial forum located in Nashville, Davidson County, Tennessee, and Customer does hereby consent to such jurisdiction and waives any objections thereto. No waiver by either party of any breach of any provision of this Agreement to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other provision of this Agreement. This Agreement together with changes that may be in effect from time to time, constitutes the entire agreement of the parties relating to this subject matter. This Agreement is for the benefit of Comdata, its successors and assigns, and may be assigned by Comdata without the consent of the Customer. Customer may not transfer or assign this Agreement without the prior written consent of Comdata. Customer shall return the originally executed copy of this Agreement to Comdata as soon as possible. Notwithstanding the foregoing, Customer acknowledges and agrees that electronic records and signatures and facsimile copies of signatures shall have the full legal effect of a writing. ACCOUNT FEES: Customer shall pay to Comdata a fee as follows: $1.50 per Card per month $N/A per Card per year N/A% per transaction (flat) ❑ Tiered pricing (based on volume), as follows: Volume of transactions Percentage Fee N/A % N/A % N/A % $ N/A per Card transaction at Preferred A Comdata locations $ N/A per Card transaction at Preferred B Comdata locations $ N/A per Card transaction at all other Comdata locations THIS AGREEMENT IS SUBJECT TO CREDIT APPROVAL BY COMDATA. ACCEPTED AND AGREED this day of CUSTOMER: By: Printed Name: 200_ Printed Name: Title: APPROVED BY: FOR INTERNAL USE ONLY: CREDIT LIMIT: $ SECURITY: ❑ Letter of Credit ❑ Bond $ ❑ Security Deposit ❑ Other BILLING CYCLE: ❑ Weekly with cycle ending (circle one): S M T W Th F S PAYMENT METHOD: ❑ Wire ❑ Customer initiated ACH ❑ Western Union Quick Collect ❑ Check HRR Version 411612004 Global -Fleet TRANSPORTATION MANAGEMENT COMPANY CSI ENTERPRISES, INC. P.O. Box 1748 Bonita Springs, FL 34133 Tel: (239) 947-5169 www.global-fleet.com Facsimile Transmittal — Return Fax Form To: David Disque Fax: 239-947-5166 Fr: Date: Re: Fuel Card Application Pages: 1 of Hello and thank you for your interest in our fleet fuel card program. Attached, please find a credit application and a fleet card agreement. When you are ready to move forward, please return this fax cover sheet and the attached applications to 239- 947-5166. Indicate the following: Company Name Credit Line Request — (Calculated at "30" days spend on the card program) Upon sending your application, please allow 3-5 day for credit processing. Upon receiving a credit decision, we may begin designing a rollout plan and collections of fleet/card data to move forward with card issuance. The Global -Fleet $45.00 setup fee invoiced upon credit approval & payment required prior to card issuance. Setup Fee Payment only remitted to: CSI Enterprises, Inc "Global -Fleet" at P.O. Box 1748, Bonita Springs, FL 34133. Authorized Company Officer's Signature Please feel free to give me a call directly should you have any further questions. Best Regards, Dave Disque Vice President of Operations CSI Global -Fleet (239)947-3060 www.global-fleet.com FROM : CHRISTINE GRMBLE JEWEL PURCHASER: PHONE NO. : 909 354 8511 Oct. 05 2004 07:25RM P3 POMA AUTOMATED FUELING, INC. P.O. BOX 5550 RIVERSIDE, CA. 92517 MULTI -USE FEDERAL EXCISE TAX EXEMPTION CERTIFICATE (X) BLANKET EXEWrION CERTIFICATE CALENDAR YEAR 2004 The undersigned purchaser claims exemption from tax imposed under the Internal Revenue code of 1954 as amended: ( ) Exclusive use of a State or Local Government Federal Tax ID# ( ) Exclusive use of a non-profit educational organization, or by a school operated as an activity of a religious body. ; Registry No. The undersigned understands that he and all guilty parties will, for fraudulent use of this certificate for the purpose of securing this exemption, be subject to a fine of not more than $10,000 or imprisonment for not more than 5 years, or both, together with the cost of prosecution. It is agreed by the vendor and vendee that if the articles purchased tax free under this certificate are used otherwise than as herein specified, the vendee shall pay the tax, including interest and penalties on such articles to the vendor or will reimburse the vendor for any tax, including interest and. penalties assessed by the Federal Government. Brand Name: Unleaded Gasoline Brand Name: Md -Grade Unleaded Gasoline Brand Name: 91 Octane Premium Unleaded Gasoline ' Registry number must be inserted. Date Signature & title ci PROM ; CHRISTINE GAMBLE JEWEL PHONE NO. : 909 354 8511 Oct. 05 2004 07:25AM P2 POMA AUTOMATED FUELING, INC. DIESEA, FUEL EXEM7170N CERTIITCATE (FEDERAL EXCISE TAX) CLEAR DIESEL ONLY PURCHASER: The undersigned purchaser hereby oertilles that all fuel purchased by the purchaser for the period beginning January 1, 2004 and ending December 31, 2004 (period Dot to exceed 12 months), will be used for the following tax exempt or tax reduced purpose: (1) Exclusive use by a State or Local Government (2) Use in a bus transporting students or employers of schools In addition, mins and buses not described above that transport persons or property for him may purchase diesel fuel at reduced tax rates. If this taxable f W is sold or used for a purpose other than as gated is this cmAcate, then purchases may be subject to tax Purchaser will be prepared to establish by satisfactory evidence the purpose for which purchaser used the product bought under this artifxation. PURCHASER FURTHER UNDERSTANDS THAT ANY FRAUDULENT USE OF THIS CERTIFICATION TO BUY A TAXALBE FUEL FREE OF TAX OR AT A REDUCED TAX RATE MAY SUBJECT PURCHASER TO PENALTIES OR PERJURY, WHICH INCLUDES FINE OR IMPRISIONMENT. FEDERAL TAX TELEPHONE DATE: SIGNATURE: TITLE: 'FROM : CHRISTINE GAMBLE JEWEL PHONE NO. : 909 354 8511 w MMlla►sA94WAWw►r �AmmwlmwArArjvAirAjr Aw-- Automated Fueling, lnc. — — — —^ Oct. 05 2004 07:29AM P2 CREDIT APPLICATION F PLEASE TYPE OR PRINT P.O. BOX 5550 Riverside, CA 92517-5550 Office: (909) 421-2280 Fax: (909) 421.2422 CREDIT LINE REQUESTED S DATE _ COMPmYNAME FAO. I.D. 0 MINE ADOPESS CITY STATE aP PHONE STASETADDRESB CITY 6TATE ZIP FAX eUSIPIM 15 A ❑6oN PmoriHd ❑PAm.uniB ❑SCaFaPXFn ❑CCaPIRSm ❑CICALA DATE OF FORMATION TYPE OF BUSINESS YEARESrABLISHED CmFO NM❑ ClIF NOT WHERE ENTITYTS PAYAaI& CORTACT PHONG LOCA70HA 2 R5, PRIOR OWNERS/PARTNERS/PRINCIPAL OFFICERS NAM TITLE SER HOM ADDRESS CDU NAME TALE SSI HOWADDRESS COUP NAME TRUE SSP HOMEADORESS COLI BANK HAMS ADDRESS COY STATE 21P ACOOUNT"UABRR CREDIT REFERENCE (LIST ONLYTHOSE YOU BUY FROMCNOPEHA000ONI) COWANY ADDRESS CITY STATE ZIP FUEL SUPPLIER REFERENCE (PASTAND PREBSNT) COMPANY ADORES$ CITY STATE 21P PLEASE FILL IN REVERSE SIDE ALSOI `' ' WE WILL NOT ACCEPT ALTERED APPLICATIONS CREDIT TERMS The undersigned hereby applies to Poma Automated Fueling, Inc. for business credit. Purchases made with this credit shall be exclusively for business purposes. All billings from Poma Automated Fueling, Inc. are fully due and payable upon receipt. Failure to pay the full amount due under any billing within said credit terms shall be grounds for immediate revocation, without notice, of all credit privileges extended by this agreement. The undersigned further agrees that in the event any amount remains unpaid after the stated credit terms, such amount shall be subject to interest equal to 16% per year of the outstanding balance until paid. The. undersigned further agrees to pay reasonable attorney's fees and cost as incurred by Poma Automated Fueling, Inc. In the event services of an attorney are required in any manner for collection of any past due balance. ACCOUNTS LOCKED OUT FOR NONPAYMENT WILL BE CHARGED A $25.00 "RECONNECTION FEE" AUTHORIZATION TO RELEASE INFORMATION We hereby authorize you to release any and all credit, bank account and loan information that may be required for the purpose of obtaining credit with Poma Automated Fueling, Inc. Please print name Signature W Date Please print name Signature PERSONAL GUARANTY Date In consideration of credit granted by Poma Automated Fueling, Inc. the undersigned personally guarantees any and all charges and/or money dug Poma Automated Fueling, Inc. This sum to include any and all attorney's fees and collection costs. In the event payment is demanded by Poma Automated Fueling, Inc., the undersigned agrees to make payment within 10 days. This Is a continuing guaranty and shall remain in full force until revoked by the undersigned in writing to Poma Automated Fueling, Inc. but such revocation shall be effective only as to claims of Poma Automated Fueling, Inc. which arise out of transactions entered into after its receipt of such notice. print name -.._.............----- Please print name Signature Signature Date Date CMIN :OWNll4" Td wut,£:2-0 b002 SO 1.00 TTS9 75£ 606 : 'ON 3NOHd 13M3r 31Hb1d0 311IlS18HJ : WOa-� United States Solid Waste And EPA 510-K-95-004 Environmental Protection Emergency Response July 1995 Agency 5403W aEPA Dollars And Sense Financial Responsibility Requirements For Underground Storage Tanks Nonmarketers ® Compliance Groups * Liability *Marketers * Financial Tests ® Annual Aggregate ® per Occurrence * Nonmarketers ® Compliance Groups ®]Liability * Marketers ® Financial Tests ® Annual Aggregate * per Occurrence � Nor marketers ® Compliance Groups ]Liability * Marketers ® Financial Tests ® a$I.s,,.e ; -js, ..__ s 1 T Annual Aggregate 2; a 15y� �ix ��'. ® per Ocautrence » .' ljs X15 '+: ' Pd®nmarketees I r. t.. " �{ INS 21ir �e lily'. Compliance Q'm s Yi: r;�j:�EAiq r a ec,t:, ei:, x® Liability p • P � I c `txr#Ji'- Ifip t '�i� 6 i Eft t9' Marketer Financial Tests Annual Aggregate i'r:; 1 :*a"#` ' ' 't - per Occurrence ;..>t.,..; Nomnarketers ® ... Compliance Croups ® liability ® Marketers ]Financial Tests ® i Annual Aggregate YS: o�;:::.':b ® per Occurrence »>4 ® Nonmarketers B Compliance Groups "'^"''. ® ]Liability Marketers ® ............. ]Financial Tests Annual Aggregate ® per Occurrence ® Nonmarketers Compliance Groups ® Liability ® Marketers ® Financial Teets ® Annual Aggregate ® per Occurrence ® Nonmarketers ® Compliance Groups * ]Liability * Marketers ® Financial Tests ® Annual Aggregate ® per Occurrence ® Nonmarketers Compliance Groups * Liability * Marketers ® Financial Tests * Annual Aggregate * per Occurrence ® Nonmarketeas ® Compliance Groups � Liability * Marketers ® Financial Tests 4 Printed on Recycled Paper CONTENTS Why are there financial responsibility requirements? .................. 1 Why should your USTs meet these requirements? .................... 2 Who needs to demonstrate financial responsibility? ................... 2 What kinds of USTs need to meet these requirements? ................ 3 How much financial responsibility coverage is required? When do you need it? ......................................................... 4 Table displaying financial responsibility requirements ................. 5 How can you demonstrate financial responsibility? ................... 6 What about state financial assurance funds? ........................ 7 What about insurance coverage? ................................. 7 What happens if your coverage is cancelled? ........................ 8 What records must you keep or report to others? ..................... 8 Two Financial Tests ........................................... 9 Model of "Endorsement ......................................... 10 Model of "Certificate of Insurance" ............................... 11 Model of "Certification of Financial Responsibility" .................. 12 Publications And Videos About USTs ............................. 13 State UST/LUST Contacts ...................................... 15 Why are there financial responsibility requirements? When Congress amended Subtitle I of the Resource Conservation and Recovery Act in 1986, it directed the U.S. Environmental Protection Agency (EPA) to develop financial responsibility regulations for owners This booklet and operators of underground storage tanks (USTs) storing petroleum. briefly describes federal financial EPA estimates that there are about 1.2 million federally regulated responsibility petroleum USTs buried at over 500,000 sites nationwide. These sites requirements for are owned by marketers who sell gasoline to the public (such as service underground stations and convenience stores) and nonmarketers who use USTs storage tanks solely for their own needs (such as fleet service operators and local (USTs) storing governments). petroleum. Many of these USTs have released or will release petroleum into the environment through spills, overfills, or failures in the tank and piping system. EPA estimates that the total number of confirmed releases could reach 400,000 in the next several years. After this peak, EPA expects fewer releases as owners of USTs comply with federal and state requirements for new USTs and upgrade older USTs with spill, overfill, and corrosion protection. Cleaning up these leaks can be costly. Congress wanted owners and operators of USTs to demonstrate that they have the financial resources- -through insurance or other means explained below—to pay for the costs of corrective action and third -parry liability that can result from leaking USTs. The financial responsibility requirements are designed to make sure that someone can pay the costs of cleaning up leaks and compensating third -parties for bodily injury and property AS."N Of F.tl W Ptlorr For UrMeromurb damage caused by leaking USTs. IS *.Tmk Sr If you need an overview of all the federal requirements for USTs, please refer to EPA's free booklet, Musts For USTs. Ordering information for Musts For USTs and several other publications and videos about USTs appears on pages 13-14. Dollars And Sense Why should your USTs meet these requirements? It is particularly important that someone be prepared to pay cleanup costs so that cleanup activities can begin as quickly as possible. Without fast action at contaminated sites, contamination can spread and increase significantly the chance of damaging the environment and human health. 40 CFR Part 280, for violations and fined Who needs to demonstrate financial responsibility? Either the owner or the operator of the UST must demonstrate financial responsibility, if the owner and operator are different individuals or firms. It is the responsibility of the owner and operator to decide which one will demonstrate financial responsibility. Federal and state governments and their agencies that own USTs are not required to demonstrate financial responsibility. Local governments, however, must comply with the financial responsibility requirements. Dollars And Sense 2 Complying with the financial responsibility requirements also protects you, as an owner or operator of USTs. If your UST leaks, you may be The financial faced with high cleanup costs or with lawsuits brought by third parties. responsibility You will be able to pay these costs if you have met the financial requirements responsibility requirements. are found in the Code of Federal Also, if you cannot demonstrate financial responsibility by the Regulations, compliance deadline that applies to your UST facility, you can be cited 40 CFR Part 280, for violations and fined Who needs to demonstrate financial responsibility? Either the owner or the operator of the UST must demonstrate financial responsibility, if the owner and operator are different individuals or firms. It is the responsibility of the owner and operator to decide which one will demonstrate financial responsibility. Federal and state governments and their agencies that own USTs are not required to demonstrate financial responsibility. Local governments, however, must comply with the financial responsibility requirements. Dollars And Sense 2 What kinds of USTs need to meet these requirements? An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The federal UST regulations for financial responsibility apply only to underground tanks and piping storing petroleum. The financial responsibility requirements apply to all USTs holding petroleum, with the following exceptions. These tanks are NOT covered by the financial responsibility requirements: ■ Farm and residential tanks of 1,100 gallons or less capacity holding motor fuel used for noncommercial purposes; ■ Tanks storing heating oil used on the premises where it is stored; ■ Tanks on or above the floor of underground areas, such as basements or tunnels; ■ Septic tanks and systems for collecting storm water and wastewater; ■ Flow-through process tanks; ■ Tanks of 110 gallons or less capacity, and tanks holding a minimal concentration of petroleum; and ■ Emergency spill and overfill tanks. Other storage sites not covered by the federal financial responsibility requirements (such as surface impoundments and field -constructed tanks) are identified in the Code of Federal Regulations, 40 CFR Part 280. Dollars And Sense 3 The table on page 5 displays compliance deadlines and coverage amounts for all categories of UST owners and operators. How much financial responsibility coverage is required? When do you need it? Both the amount of financial responsibility coverage you need and the date by which you need it are determined by the type of business you operate, the amount of throughput of your tank, and the number of tanks you have. On the next page you will find a table that displays five groups of UST owners and operators, compliance deadlines for each group, and required coverage amounts. Basically, your financial responsibility amount falls into two types: per occurrence and annual aggregate. Per occurrence. 'Per occurrence" means the amount of money that must be available to pay the costs from one occurrence of a leaking UST. If your tank is used in petroleum production, refining or marketing (such as service stations and truck stops), you must be able to demonstrate that you have $1 million of per occurrence coverage. The per occurrence amount may be less if your tanks are located at a facility NOT engaged in petroleum production, refining or marketing. In this case, K your facility has a monthly throughput of 10,000 gallons or less, you need $500,000 of per occurrence coverage. ■ Annual aggregate. You must also have coverage for an annual aggregate amount. The annual aggregate amount is the total amount of financial responsibility that you must have to cover all leaks that might occur in one year. The amount of aggregate coverage that you need depends on the number of tanks that you own or operate: $1 million annual aggregate for 100 or fewer tanks; $2 million annual aggregate for more than 100 tanks. Dollars And Sense 4 Financial Responsibility Requirements Dollars And Sense 5 Group Of.UST Owners Compliant Per Occurrence Aggregate `- And, Operators" a Deadline Coverage Coverage GROUP 1: January Petroleum marketers with 1989 1,000 or more tanks OR Nonmarketers with net worth of $20 million or more (for nonmarketers, the "per occurrence" amount is the same as Group 4-B below) $1 million $1 million If you have 100 or GROUP 2: October Petroleum marketers with 1989 fewer tanks 100-999 tanks OR GROUP 3: April Petroleum marketers with 1991 13-99 tanks $2 million GROUP 4-A: December Petroleum marketers with 1993 if you have more 1-12 tanks than 100 tanks GROUP 4-13: December $500,000 Nonmarketers with net worth of less 1993 if throughput is than $20 million 10,000 gallons monthly or less GROUP 4-C: February Local governments (including 1994 OR Indian tribes not part of Group 5) $1 million if throughput is GROUP 5: December Indian tribes owning USTs on 1998 more than 10,000 Indian lands (USTs must be in gallons monthly compliance with UST technical requirements ) Dollars And Sense 5 How can you demonstrate financial responsibility? There are several options for demonstrating financial responsibility (each option is described fully in the Code of Federal Regulations, 40 CFR Part 280): ■ Use state financial assurance funds. Your state may pay for some cleanup and third -party liability costs (see page 7). ■ Set up a trust fund. You may set up a fully -funded trust fund administered by a third party to demonstrate financial responsibility. ■ Use other state methods. You may also use any additional methods of coverage approved by your state. Local governments have four additional compliance methods tailored to their special characteristics: a bond rating test, a financial test, a guarantee, and a dedicated fund (all fully described in 40 CFR Part 280). Dollars And Sense 6 ■ Obtain insurance coverage. Insurance may be available from a You may also use private insurer or a risk retention group (see page 7). a combination of methods to ■ Obtain a guarantee. You may secure a guarantee for the demonstrate coverage amount from another firm with whom you have a financial substantial business relationship. The provider of the guarantee has responsibility. to pass one of the financial tests described on page 9. The methods you choose must ■ Obtain a surety bond. A surety bond is a guarantee by a surety cover all the costs company that it will meet your financial responsibility obligations. for which you are responsible (both ■ Obtain a letter of credit. A letter of credit is a contract involving corrective action you, an issuer (usually a bank), and a third party (such as the and third -party implementing agency) that obligates the issuer to help you liability) and add demonstrate your financial responsibility. up to the amount of coverage you ■ Pass a financial test. If our firm has a tangible net worth of at y g are required to least $10 million, you can prove your financial responsibility by demonstrate, passing one of the two financial tests described on page 9. ■ Set up a trust fund. You may set up a fully -funded trust fund administered by a third party to demonstrate financial responsibility. ■ Use other state methods. You may also use any additional methods of coverage approved by your state. Local governments have four additional compliance methods tailored to their special characteristics: a bond rating test, a financial test, a guarantee, and a dedicated fund (all fully described in 40 CFR Part 280). Dollars And Sense 6 What about state financial assurance funds? Most states have established programs that can help pay for cleanup and third -party liability costs resulting from leaking petroleum USTs. Owners and operators of USTs may use these state financial assurance funds to demonstrate financial responsibility. Many state funds, however, pay only part of the cleanup costs or require that you pay a deductible amount. Some state funds do not pay for third - party liability costs. State assurance funds often have eligibility requirements, such as proof that the UST facility is in compliance with requirements for leak detection and recordkeeping. You should contact your state agency to determine if the state has a fund that you may use to demonstrate financial responsibility. Find out what the state will pay for and what additional amount of financial responsibility, if any, you must obtain. See the list of state UST/LUST contacts starting on page 15. (LUST means "leaking underground storage tanks.") What about insurance coverage? To make sure your insurance policy meets the financial responsibility requirements, have your insurer fill out one of the two following forms. If your UST insurance coverage is an expansion of a policy you already have, your insurer should give you an "Endorsement" document that completes and reproduces the model form shown on page 10. If you get a new policy, your insurer should give you a "Certificate of Insurance" document that completes and reproduces the model form shown on page 11. Keep the completed form in your records, as explained on page B. You should be aware that insurers may require you to meet certain conditions for coverage. For example, your insurer may require you to test your tank for tightness or make improvements in your tank system, such as adding corrosion protection. You may also be able to get insurance coverage through a risk retention group. A risk retention group is an insurance company formed by businesses or individuals with similar risks to provide insurance coverage for those risks. Dollars And Sense 7 If you don't know how to reach your state agency, see the list of state USTILUST contacts starting on page 15. If you belong to a trade association, it may be able to provide you with information about insurers and risk retention groups that cover USTs. What happens if your coverage is cancelled? Your financial responsibility method must specify that the provider may cancel your coverage only after sending you advance written notice. Insurance, risk retention group, and state fund coverage can be cancelled only 60 days after you receive the cancellation notice. Guarantees, surety bonds, and letters of credit can be cancelled only 120 days after you receive the cancellation notice. You must find replacement coverage within 60 days after you receive the notice of cancellation. If you cannot get replacement coverage, you must notify your implementing agency. What records must you keep or report to others? You must keep at your UST site or your place of business the following records of financial responsibility coverage: ■ A current "Certification of Financial Responsibility' (see page 12 for a model of this form that you must complete and reproduce); and ■ Any additional documentation that shows your financial responsibility method is valid and provides details on the method's coverage, such as signed copies of official letters, poiicies, and state fund `I agreements. Keep these records until your UST site is properly closed. Keeping clear records makes good business sense. If asked by UST inspectors or regulatory officials to demonstrate your financial responsibility, you can use these records to demonstrate quickly your compliance with the financial responsibility requirements. Many states require you to file copies of your financial responsibility records with the state agency, so check with your state to see what you need to do. You do not need to report financial responsibility records to the federal EPA unless you have been requested to do so. Dollars And Sense Two°Financial Test 1 ■ Your firm must have a tangible net worth of at least $10 million; and ■ Your firm must have a tangible net worth of a least 10 times the amount of aggregate coverage that you are required to demonstrate plus any other liability coverage for which your firm is using the test to demonstrate financial responsibility to EPA; and ■ Yourfirm mustfile the firm's annual financial statements with the Securitiesand Exchange Commission (SEC), or annually report the firm's tangible net worth to Dun and Bradstreet and receive a rating of 4A or 5A. Utilities may file financial statements with the Energy Information Administration, or the Rural Electrification Administration instead of the SEC; and ■ Your firm must have audited financial statements that do not include an adverse auditor's opinion or disclaimerof opinion. Test 2 ■ Your firm must have a tangible net worth of at least $10 million; and ■ Your fine must have a tangible net worth of at least 6 times the amount of aggregate coverage that you are required to demonstrate; and ■ Have U.S. assets that are at least 90 percent of total assets or at least 6 times the required aggregate amount; and ■ Have net working capital at least 6 times the required aggregate amount, or a bond rating AAA, AA, A, or BBB from Standard and Poor's, or Aaa, Aa, A, or Baa from Moody's; and ■ Your firm must have audited financial statementsthat do not include an adverse auditor's opinion or disclaimerof opinion. Dollars And Sense Model Of "Etn'dorsemenfir ` Name: [name of each covered location] Address: [address of each covered location) Policy Number. Period of Coverage [current policy period]: Name of [Insurer or Risk Retention Group]: Address of [Insurer or Risk Retention Group]: Name of Insured: Address of Insured: 1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering the following underground storage tank(s): [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.] for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by' either "sudden accidental releases" or "nonsudden accidental releases" or "accidental release"; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above. The limits of liability are [nsert the dollar amount of the "per occurrence" and "annual aggregate" limits of the Insurers or Group's liability; If the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date]. 2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby amended to conform with subsection (a) through (e): a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer' or "Group"] of its obligations under the policy to which this endorsement is attached. b. The ["Insurer' or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the ["Insurer' or "Group"]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95- 280.102. 80.95280.102. c. Whenever requested by [a Director of an Implementing Agency], the ["Insurer' or "Group"] agrees to furnish to [the Director] a signed duplicate original of the policy and all endorsements. d. Cancellation or any other termination of the insurance by the ["Insurer' or "Group"], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured. [Insert for claims -made policies: e. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer' or "Group") within six months of the effedive date of the cancellation or non -renewal of the policy except where the new or renewed policy has the some retroactive data or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date,'rf applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy] I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(1) and that the ("Insurer' or "Group"] is ["licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states".] [Signature of authorized representative of Insurer or Risk Retention Group] [Printed name of person signing] [rifle of person signing], Authorized Representative of [name of Insurer of Risk Retention Group] [Address of Representative] Dollars And Sense 10 Name: [name of each covered location] Address: jaddress of each covered location] Policy Number. Period of Coverage [current policy period]: Name of [Insurer or Risk Retention Group]: Address of [Insurer or Risk Retention Group]: Name of Insured: Address of Insured: 1. [Name of Insurer or Risk Retention Group], [the "Insurer" or "Group"), as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s): [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.] for [insert "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above. The limits of liability are [insert the dollar amount of the "per occurrence" and "annual aggregate" limits of the Insurers or Group's liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date]. 2. The ["Insurer' or "Group"] further certifies the following with respect to the insurance described in Paragraph 1: a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer' or "Group'l of its obligations under the policy to which this certificate applies. b. The ["Insurer' or "Group'l is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the ['Insurer' or "Group'l. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95- 280.102. 80.95280.102. c. Whenever requested by [a Director of an Implementing Agency], the ["Insurer" or "Group") agrees to furnish to [the Director] a signed duplicate original of the policy and all endorsements. d. Cancellation or any other termination of the insurance by the ["Insurer' or "Group"], except for non-payment of premium or misrepresentation of insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non -renewal of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured. [Insert for claims -made policies: e. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer' or "Group"] within six months of the effective date of cancellation or non -renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arises out of any covered occurrence that commenced after the policy retroactive date, 9 applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting periods are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.] I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(1) and that the ["Insurer' or "Group") is ("licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states".] [Signature of authorized representative of Insurer or Risk Retention Group] [Printed name of person signing] [rifle of person signing], Authorized Representative of [name of Insurer or Risk Retention Group] [Address of Representative] Dollars And Sense 11 Model bf:"Cert(ficafe Of�lnsuran'de" ... ,*?, r Name: [name of each covered location] Address: jaddress of each covered location] Policy Number. Period of Coverage [current policy period]: Name of [Insurer or Risk Retention Group]: Address of [Insurer or Risk Retention Group]: Name of Insured: Address of Insured: 1. [Name of Insurer or Risk Retention Group], [the "Insurer" or "Group"), as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s): [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.] for [insert "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above. The limits of liability are [insert the dollar amount of the "per occurrence" and "annual aggregate" limits of the Insurers or Group's liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date]. 2. The ["Insurer' or "Group"] further certifies the following with respect to the insurance described in Paragraph 1: a. Bankruptcy or insolvency of the insured shall not relieve the ["Insurer' or "Group'l of its obligations under the policy to which this certificate applies. b. The ["Insurer' or "Group'l is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the ['Insurer' or "Group'l. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 40 CFR 280.95- 280.102. 80.95280.102. c. Whenever requested by [a Director of an Implementing Agency], the ["Insurer" or "Group") agrees to furnish to [the Director] a signed duplicate original of the policy and all endorsements. d. Cancellation or any other termination of the insurance by the ["Insurer' or "Group"], except for non-payment of premium or misrepresentation of insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for non -renewal of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of 10 days after a copy of such written notice is received by the insured. [Insert for claims -made policies: e. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer' or "Group"] within six months of the effective date of cancellation or non -renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arises out of any covered occurrence that commenced after the policy retroactive date, 9 applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting periods are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.] I hereby certify that the wording of this instrument is identical to the wording in 40 CFR 280.97(b)(1) and that the ["Insurer' or "Group") is ("licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states".] [Signature of authorized representative of Insurer or Risk Retention Group] [Printed name of person signing] [rifle of person signing], Authorized Representative of [name of Insurer or Risk Retention Group] [Address of Representative] Dollars And Sense 11 Model Of "Cert►fica u _ fion Of Financial Respons►bilify" [Owner or operator] hereby certifies that it is in compliance with the requirements of Subpart H of 40 CFR Part 280. The financial assurance mechanism(s) used to demonstrate financial responsibility under Subpart H of 40 CFR Part 280 is (are) as follows: [For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage and whether the mechanism covers "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "non -sudden accidental releases" or "accidental releases.") [Signature of owner or operator] [Printed name of owner or operator] [Title] [Date] [Signature of witness or notary] [Printed name of witness or notary] [Date] The owner or operator must update this certification whenever the financial insurance mechanism(s) used to demonstrate financial responsibility change(s). Dollars And Sense 12 Publications And Videos About USTs -' PUBLICATIONS TITLE AVAILABLE FREE FROM Musts For USTs: A Summary Of The Federal Regulations For Underground Storage Tank Systems Booklet clearly summarizes federal UST requirements for installation, release detection, spill, overfill, and corrosion protection, corrective action, closure, reporting and recordkeeping. (About 40 pages.) Normas Y Procedimientos Para T.S.A. Spanish translation of Musts For USTs. (About 40 pages.) Straight Talk On Tanks: Leak Detection Methods For Petroleum Underground Storage Tanks Booklet explains federal regulatory requirements for leak detection and briefly describes allowable leak detection methods. (About 30 pages.) Doing Inventory Control Right: For Underground Storage Tanks Booklet describes how owners and operators of USTs can use inventory control and periodic tightness testing to meet federal leak detection requirements. Contains reporting fors. (About 16 pages.) Manual Tank Gauging: For Small Underground Storage Tanks Booklet provides simple, step-by-step directions for conducting manual tank gauging for tanks 2,000 gallons or smaller. Contains reporting fors. (About 12 pages.) Don't Wait Until 1998: Spill, Overfill, And Corrosion Protection For Underground Storage Tanks Information to help owners and operators of USTs meet the 1998 deadline for compliance with requirements to upgrade, replace, or close USTs installed before December 1988. (About 16 pages.) An Overview Of Underground Storage Tank Remediation Options Fact sheets provide information about technologies that can be used to remediate petroleum contamination in soil and groundwater. (About 26 pages.) Controlling UST Cleanup Costs Fad sheet series on the cleanup process includes: Hiring a Contractor, Negotiating the Contract, Interpreting the Bill, Managing the Process, and Understanding Contractor Code Words. (About 10 pages.) Federal Register Reprints Not simple summaries, these reprints are extensive records of the rulemaking process including technical information, explanatory preambles, and the rules as they appear in the Code of Federal Regulations. Reprints dated 923/88; 10/26/88; 11/9/89; 5/2/90; and 2/18/93. Over 300 pages. Dollars And Sense 13 You can call EPA's toll-free RCRAISuperfund Hotline at 800 424-9346 and order free copies. Just identify the Was you want. Or you can write and ask for Was by addressing your requests to: NCEPI Box 42419 Cincinnati, OH 45242 Or you can fax your order to NCEPI at 513 891-6685. Publications Anal Videos,About USTs` VIDEOS TITLE/COST AVAILABLE FROM Doing It Right Illustrates proper installation of underground tanks and piping for installation crews. Part 1: Tanks (24 minutes); Part 2: Piping (16 minutes). Cost: $25 Doing It Right II: Installing Required UST Equipment Illustrates installation of spill and overfill equipment, observation wells, and piping leak detection (23 minutes). Cost: $60 Doing It Right and Doing It Right II Set Cost $75 Keeping It Clean: Making Safe And Spill -Free Motor Fuel Deliveries Making pollution -free deliveries to USTs. Includes Stage 1 vapor recovery, overfill prevention and spill containment For fuel tanker drivers and UST owner/operators (25 minutes). Cost $60 Petroleum Leaks Underground How liquids and vapors move in the subsurface and why early response to leaked petroleum is so important. Part 1: How Liquids Move (14 minutes); Part 2: How Vapors Move (15 minutes). Cost $75 Straight Talk On Leak Detection Overview of the leak detection methods available for complying with federal regulations. Part 1: Straight Talk From Tank Owners (owners address the problems of UST compliance [5 minutes]); Part 2: Straight Talk On Leak Detection (30 minutes). Cost $40 Tank Closure Without Tears: An Inspector's Safety Guide Focuses on explosive vapors and safe tank removal (30 minutes). Video and Booklet Cost: $35; Booklet: $5 What Do We Have Here?: An Inspector's Guide To Site Assessment At Tank Closure Inspecting sites for contamination where tanks have been removed. Part 1: Site Assessment Overview (30 minutes); Part 2: Field Testing Instruments At A Glance (14 minutes); Part 3: Soil And Water Sampling At A Glance (7 minutes). Video and Booklet Cost: $45; Booklet $5 Searching For The Honest Tank: A Guide To UST Facility Compliance Inspection Covers major steps of UST inspections from protocols and equipment to enforcement and followup; from cathodic protection to leak detection. Directed at inspectors, yet also helpful to owners and operators (30 minutes). Video and Booklet Cost: $40; Booklet $5 Dollars And Sense 14 Environmental Media Center Box 30212 Bethesda, MD 20814 301654-7141 800 522-0362 Visa and MasterCard accepted New England Interstate Environmental Training Center ATTN:VIDEOS 2 Fort Road South Portland, ME 04106 207 767-2539 m z cm D O ca J W W a z f - w w Y O d W M co W 0 0 0 z Z ad O ui vi N N Lau W r N co O O W 0 N WN LL U) W � r Nco Z Z O w N N OW wX U Z W C7 rl- N w 0 0 W o vOi W O N J j d U O W Q W Q K Q Z D ¢ W O Z 0 LL 2 a 2 Q fn W co Z W a- x x w J Q F- 0 (n O O � Z co W w Fa LU W O w o 0 U Z W rl- N o Cl) OLL F CQLOco DU W w Q. 0 W w M rn F- 0 O < LLN00 Z U) <o O W wl a W QN ¢O O O o 0 'm OW n W C5 0 LO Q� W LL W N O 0 Z a N M On - 0 x LL W F = CO o O J W r 0 w ao r J j d U O W Q W Q K Q Z D ¢ W O Z 0 LL 2 a 2 Q fn W co Z W a- x x w J Q F- 0 m Z 0 0 oN0 Co m r N M -i V O Q N c) w 0 Z O LL 0 _ 0 J 2 W C7 W (7 Z J Y d m m m 000 m m m d W w lA Q W LL U) w W O Q I N w w o 0 0w Ww K W 1w1.. LL ❑� 0 U O U O y LL f7 0 Z m wl— oov QW ao v1 D 2 � � U- 0 O m m m 000 m m m d Z O W LL IL F I— U U U Wo ❑ W y c! ai a . o r co Cl) Z r � Z C7 m Es Z w O c)<ro UUU O ❑ Cl) C7 O LLQ 2 J CL 3: CL coN Q ❑ w N Ci Z LL N O Q O �a w F ww 0�w U U W LL IL F I— U U Wo UQI na o ai N ai ❑ U U8 o Z o r U� w Q Q Q w LL LL UUU ❑} O LLQ U CL 3: CL coN OU ❑� LL O w F N O O Q W N ❑ � � LL O Cl) N m U U F I— U U w ai ai ❑ Z p—❑ C J J Q Q Q UUU CL 3: CL coN U U 2 d m CL o _n 0 in toLuW w Z � o o z 0 a �z o w � 0- w U) ¢ � to W ¢ ao 6 N LLJ W � ix U N 0 W (q Lu_ Z LL DJ O LLQ U OU K L- ¢ C9 mZ FW o0 ¢ w LL O U) C/) F F- r w 00 Z U) U) O J J ¢ ¢ U U W W as U)U) d m CL U w U w o d N 0 o ON U Of w } LL J LL O U O C0 � LL Q 0 m D) rn w U K W ww LL LL Z 0 W Q z C! i o o t, Lf) N Mt�00 O O Cl) 0 0 V 0 0 o v rn rn m m v � N -00 N 00 O Mw <WLU Q m U J J ?ocn00W ul LU > W U > > U w an.Z)mm>_ LU fn m fn(0LL 0) m m a Z O U J W 0 K O LLIO Cl) co Z 0-0 x W d C)o ON H � U WOf } O LL U O to of O m U. a to0C)a00r-M0 vcoOOOmr0a I It CCOO C?-cN- -� N is Z N O� 0 J 0 Z �a I Q LO LL M Q W U w Co W W LL LL Z O U 0 O �w"r CD a o�CD r O� rnvi rra00prn LL 0 O Z OFF Z U_ U LU W MMZF mmalu- z 00035000Y Mca LMmmm zaa3��� aJNwwaaa`) LUu�l Q w �i�aii��J EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Don Goodin MONTH OF: September, 2004 Board Meetings: 14, 28 Conferences and Other Meetings Date: 15 Organization Muni Description Scheduled Meeting Date: 24 Organization Inland Empire Trans Description LE Transportation Summit Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Personal Auto: TOTAL # OF MEETINGS 4 @125.00 each_, $ 500.00 Miles x .375 per mile_ Parking Fees Total Lodgings. Meals & Other: (Details on Back) $113.54 Signed Z . „Qj Z /� Date of Board Approval October 12, 2004 Total Director's Expenses $113.54 Total Director's Meetings & Expenses $ 613.54 Less any Advance Payments $ TOTAL DUE DIRECTOR $ - 613.54 Lodpinos: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUBTOTAL $ Meals: (Receipts attached) Attended Transportation Summit Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended_ $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Receipts attached) Date: 24 Function Attended Transportation Summit $ 40.00. Date: 28 Function Attended CSUSB PA 611 Text Books $ 73.54 Date: Function Attended $ SUBTOTAL $ 113.54 TOTAL LODGINGS, MEALS AND OTHER $ 113.54 (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: 1-/01/7'00' MONTH OF: Board Meetings: 911V Conferences and Other Meetings Date:M/ Organization IIPICA.vA C_nF L Description /)/5&pZe r2 144ILAub ,ui 6Hr- Date: 9 �3 Organization VWD Description Lu_ ,v c_y �/ ()!gou. IfGk Date: 9/99* 9' 30 Organization C SAA Description FCL ejNFVAA10 - Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date Date Organizatio Description Organization Description Date: Organization Descriptio Date: Organization Description TOTAL # OF MEETINGS _ 6 5125.00 each_ $_ 750.00 Personal Auto: /5r Miles x .365 per mile` $ S7.67 Parking Fees $ 1k. 00 Total Lodgings, Meals & Other: (Details on Back) $ 325% d Total Director's Expenses $ !q a, 9,`/ Total Director's Meetings & Expenses $ /2-00 .Fi Signed e Less any Advance Payments $ _ Date of Board Approval TOTAL DUE DIRECTOR $ Lod in s: (Receipts attached) Date: VLR-�- 9/ao Function Attended aLU %z�L (�gx)) &k4& $ 305.9k Date:�ly� Function Attended Date: Function Attended $ $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: 'Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUBTOTAL $ 3tIS• 9G Meals: (Receipts attached) b9, /F Date:�ly� Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR:... sturgeon MONTH OF: September 2004 Board Meetings: 14 - 28 Conferences and Other Meetings Date: 1 Organization Cons. District Description Board Meeting Date: Organization Description Date: 2 Organization SBvc Description class Date: 9 Organization SBvc . Description class Date: 15 Organization RCC Description seminar Date: 16 :: Omanizatiorn. Cal -Card Description Purchasing Seminar Date: 16 y,' Organizatioll:Ca1-Card Description Accounting Seminar Description School and Seminars Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Personal Auto: TOTAL # OF MEETINGS 10 @125.00 each_ $__L, 250 Miles x .375 per mile_ $ Parking Fees $ Seminar on 09/15 15 Total Lodgings. Meals & Other: (Details on Back) seminars on 3 Dates $ 75 Signed Liv Date of Board Approval 10/12.2004 Total Director's Expenses $ 90 Total Director's Meetings & Expenses $ 1, 3 4 0 Less any Advance Payments $ TOTAL DUE DIRECTOR $ 1,340 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: 4SepA3 MONTH OF: gFSPi Board Meetings: 4/rx ;62g Conferences and Other Meetings Date: C_ Organization Description U s A uJ P A i4 NA411, /4�r,. Date: R/ia Organization rZ v u» Description h?u B8 Date: 9'/is Organization s 8 v vb Ai 6 Description Date: 9/ Organization v sA w,e A Description bas, A l l g f H4 Date: Organizations 5 Cha-rn�7�j/ Description — V6,94 Date: q�3� Or�anizatio., drvo Description M�2 w 4Wfew-r o'er s Date: Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS - 19_ 0.125.00 each_ $ /o o 0. eo Personal Auto: Miles x .36 per mile_ $ Parking Fees $ Total Lodgings, Meals & Other: (Details on Back) $ Total Director's Expenses $ -8—" Total Director's Meetings & Expenses $ /aad . IfD Signed Less any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR $ °-". cr' OCT -12-2004 01:13 PM NEGRETE.GENERAL.CONTRRCT 909 883 3684 EAST VALLEY WATER DISTRICT P.01 Date: Organization Description_ Date: Orgenization Description__ Date; Organlzation Description_ Date: Organizatlon Description_ Date: Organization Description_ Date: Organization Description_ Date: Organization Description_ Date: Organizatlon Description_ Date: Organization Description_ Date: Organization Description_ Date: Organization Description_ Date: Organization Description_ Date: Organization Description. Date: Organization Description. TOTAL # OF MEETINGS X125.00 each $� Personal Auto: Miles x .375 , per mile_ $ Parking Fees $ Total Lodgings, Meals & Other; (Details on Back) $ Total Director's Expenses $� i /� `Total Director's Meetings & Expenses $ r� o Signed Less any Advance Payments $_,,b Date of Board Approvei TOTAL DUE DIRECTOR $ East Vailey Water District Balance Sheet - Unaudited August 31, 2004 ASSETS UTILITY PLANT - at cost: Utility plant in service - water department $83,893,392 Utility plant in service - sewer department 22,283,633 106,177,025 Less: Accumulated depreciation (32,317,936) 73,859,089 Construction in progress 4,062,612 Land held for resale 2,219,649 80,141,350 RESTRICTED ASSETS: Water department - bond funds - cash in bank 6,475 Certificate of Participation reserved funds - cash in bank 1,133,841 Reserved funds - designations - cash in bank 2,186,450 3,326,766 CURRENTASSETS: Cash and Investments 11,626,841 Less: Restricted Cash and Investments 3,326,766 8,300,075 Accounts receivable (net of allowance) 1,325,053 Other receivables (net of allowance) 33,117 Inventory 835,095 Prepaid expenses 163,239 10,656,580 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses 20,743 Deferred financing charges 360,070 380,813 TOTAL ASSETS $94,505,509 East Valley Water District Balance Sheet - Unaudited August 31, 2004 LIABILITIES AND EQUITY LONG-TERM DEBT: Certificates of Participation due after one year $12,233,220 Less: Deferred amount on refunding of COPs (625,327) 11,607,893 CURRENT LIABILITIES: Accounts Payable 1,638,755 Accrued payroll and benefits 436,989 Customer service deposits 1,282,964 Deferred Rental Income 2,500 Accrued interest payable 6,475 Deposits - refundable 271,600 Certificates of Participation due within one year 1,726,266 5,365,549 TOTAL LIABILITIES 16,973,442 EQUITY: Contributed capital: Invested in utility plant 28,723,700 Other contributed capital 3,695,064 Retained earnings: Reserved for water bond funds 6,475 Reserved for emergencies 2,170,000 Reserved for unemployment insurance 16,450 Unreserved 41,675,442 Net Income for current year 1,244,935 TOTAL EQUITY 77,532,066 TOTAL LIABILITIES AND EQUITY $94,505,509 m m 3 CD (U CD CD cm � N � T N M d U) L V w � W 5 d Q O X r ";W9 cW m ws w mac c 0 N J Ww 3 Om C *� d L G 4) LL w N w ONI�N A � N V Y1°1 O O �.iOj IOWNONafOO C'�ONYV NNO»aNC� GO V 10 Neap (O f0 M �O N r �-' W tO I� W f� CD �t� � N — O O W V r NtpC6 SOI CM�f�IA �f�W Nf� O^pmS OM (O cO N -t 0 V tO V� VVIR 10 o A � {p N N O S WO W O O V ttDO N O Y] S N r O 0 M SQ NSOO O�ONO NO ON VMM �ONW OpW cOON N N O n n 0 INO Or th V1°�DN �YINO 'r td N m w N T O� ' O C4 mm I MI I O N aWD �.1°-�a�°O�� GMOr OOrOV MaOp IV O I�QN NvNog"w 09 4!Eli NNV°) MrgN��i°MNI 06O ONi� ml �W(II tO� SI Orl N K� N�M N M mm A m w m M O� PO N N NVNV��OOOiNr Nm mS Hr O OI N N — OD I� ab O V A ap O^pmS OM (O cO N -t 0 V tO V� VVIR 10 o A � {p N N O O 'O ZD C A M �N��ID N -.p MV IAS m N W NO— Raza 'NOS fVN��n �M N NM« N m M C N � e- .N. S or O r t0 o O o O m M O� PO m m m O o N M° oogN SSuoiS Si voi N n o o 0 n t0 0 o A N W o of0 0V � {p V N M MV i0 m N W NO— Raza 'NOS fVN��n �M N NM« N m M C N � S m w T O� ' O C4 O MI tW+l O N aWD �.1°-�a�°O�� GMOr OOrOV MaOp O O I�QN A m N m N mIA tq LQ Cn VMVNMroa-BOO t� O N O tr�l N a�� m a —z N NMO ^NA N CIE N N � a N Z 0 s p Oy m W y w ° 5 m y i c C Qd °' N V vi W m aOi m d Z� Z v N cLLJ w y z uci act=Om U 0Sw < O. >Z CL n}J. z z 0 owEN08= m W V=d X a LU w 'a U W wv°d Lep 6�j N 2'0E Vc c_ NO W Z F r Z U J 1C0 NN O'. O�dV �C CEm N C a o« �NNT�O6�°aU�4nroicz2co Zit Z °O H b` cr� m �=�a• Oiy w UK K ii ) d N1 _ N C OMy N QQQ? OW LuzU 2< V� Wm W m EvO Now5OwOO°a'Ww �0 m O ya3w U N <d-,_l5oOEU CO f N O co Vf LO O O O) CO r CDIO O O �clo 0 0^ �i �i BMi+inoCovmia�porn ot V~' o r NNm m ip0 m ��N}} yyN Oge 0a0 f�Nm- V fp P cb u vNM Oi N N N '--eNNNO�geL O ;g p ie n v N C v N NOW ., y pO p Spp pp SSOS^OS O r O ma{ C �n ul ul N r m M r ?f r rn m m oM M v m'-m Mmrr m AMM o�nam m w m M mM MNAO V M N M {01 M xi K N M rn Oi N m as ^- O "i a ro co ', :V;. t0e� r mm O O oowMCz9 NN O m N v 11: N OM VV m t�mMONm�m O N v Of m h YN m N LY t Y WN A N"" A v Li N V ,N U=, d Lxc syr d W \G N N O 0000 O p O O O µO< V NNS i �W Ta y =co d y t ppjo 16�C 3CQ A 6>f �0 } W I vm W Nm O O Nm OlNN m N m �" wF— areppo A �M OI lA m v NNM OMV1 o N pOp OD CdN 6 O 16 T 0; A O ++ r Ol 0 ¢ n n C c LL y •o E a v �rn �FF�ic d > ym 3E y r F c vN S a W W U v t (D Q LL 0 a _$ s Ww Z7 n U' as m c v �a1 W~ w `o p Z C c 10 `vv cm �O £° ~ Em oc u� co d "' ma.6�w1 (7« G'LU W m W Qycgn`o xo a��s'Nm roE (ya L) W Svc° WEe aZim O Wir °c-'dSdd°6 o,yu'. Ox u p IL CyzS Coo U) A wdwa�vtcvv `-'0 yW m Z py�..m dEdE ..m o md�E'v,v_'..d'9d y� a Z v—o xa m—` m33a�-w CL2m>o W> ¢ W 01% W O U XO 2 W San %anue[Band of %ission Indians Casino ('roject September 24, 2004 Mr. Robert Martin General Manager East Valley Water District 1155 Del Rosa Ave San Bernardino, California 92410 Dear Mr. Martin; Subject: Following the meeting between EVWD and San Manuel Casino staff (Leif Erickson and Dean Beauchamp) on Friday September 3rd, 2004, in the offices of the EVWD to discuss the ongoing water and sewer requirements for the project and the Tribe, the following is a narrative description of the requirements. As we have discussed before, the tribe has installed water lines for fire and irrigation uses at the lot it owns on Hemlock which serve the temporary parking lots the tribe has designated as Tahiti. The irrigation line will also serve a double wide trailer complex at the lower end of the lot designated as lot #3 which is being used by the tribal Dept of Public Safety. This unit has a bathroom which empties into a septic system. The EVWD is providing water service to these uses at a Point of Connection on the Hemlock lot The tribe installed, and will own and operate the water lines from the point of connection to the use points. EVWD, last week, installed the meters for this use. The tribe, at the request of the EVWD, has commissioned Anvil Corporation to analyze the EVWD system to ensure its adequacy for providing service to approximately 40 future single-family residences to be built on the 3 temporary parking lots known as Tahiti. The study report (copy attached) confines the adequacy of the system as it is today. The tribe will also construct and intends to operate and maintain a sanitary sewer system for these future new homes which will connect to the EVWD system in North Victoria just south of the existing Casino. These systems are intended to be complete by the end of this year 2004. The tribe also will need to remove the water and sewer lines presently in North Victoria running in front of the existing Casino to complete the second phase of its new parking structure Phase One of which is presently under construction along the west side of North Victoria across from the existing Casino. This second phase parking will occupy the street and the site of the existing Casino, and is scheduled to start construction early in 2005. The tribe intends to reroute the existing services in North Victoria around the new parking structure by traversing north of the Phase One parking structure, under the Sand Creek Channel, South along the west side of the Channel to the new road crossing of the channel (San Manuel Boulevard), their recrossing the channel on the new road alignment and traversing southeast to a reconnection (Point of Connection) in North Victoria south of the Parking Structure(s). The water would have a point of connection at the west side of the Channel to the recently installed 16" diameter waterline. This work is scheduled to be complete in early 2005. Additionally, the tribe, when it commissioned Anvil Corp to study Tahiti, also had them study the tribal owned and maintained water system including tankage to determine if the system can be connected to the EVWD system serving North Victoria on the reservation, and serve all of the tribal residences and uses including those presently owned and operated by EVWD. The results of that study are also 3246-S North Victoria Ave 9 .9ftgh&rt4 CA 92346 0 Office: (909) 862-6903 0 FAX (909) 862-1652 -2— September 30, 2004 contained in the Anvil Report attached. Based on the positive results of the study, The San Manuel Band of Mission Indians wants to investigate with EVWD the acquisition of the present EVWD systems on the reservation. These systems will be owned, operated, and maintained by the tribe to the designated Points of Connection with the EVWD systems at or near the boundary of the reservation. A specific request of the tribe presented in the ineeting of Sept 3, 2004 was to allow a connection to the EVWD sewer system at the Point of Connection in North Victoria street so that the sewer line extending north and west from the Point of Connection can be installed under the entrance driveway to the parking structure as the work is presently being undertaken. This will allow the completion at a future date without digging up the street and Drive after parking structure opening. This connection will be made using two manholes about 100 feet apart with one installed on the line presently in North Victoria. Both will be plugged to any flow from the reservation, and both will be under the control of the EVWD. Attached is a Utilities Master Plan upon which has been indicated the potential POC locations for sewer and water. Thanks for your help and response to our project needs. I am available by telephone at 909 / 648-7339 Sincerely /,/? Len 1. tncKson Project Development Manage New Casino Project Cc: Watts, P. Copeland, E. Urban, A. cc 8•:�. `�. �. Q.. �� ..�. �•�' ' jig^� �dSb ,m r I i II d � S N �z CO 1 3H1J.18 I 3AdLO 19 :o U• d. . .. ..��I LU J 'a: dP W F - o >_ • ,9 rn ■ m ono On a 3Ad zq Q z0 fir, o 'ld INvd�11m : 0 9 (r) ,• V I za N3a6v�a •. a 9 ion '3AIV Ill 3 z z„d 'Ad "!!C Yl p !yO of � H U a W 3A o�Z At Z p y L) _K L_ 1 U) J3: V -0 Q OF- • I i� d Z aZ Up as _ G O Z 3w=19 1NY1S 3f CL 0 .a M CN ri r-� Vo 3 Z Z Q � O N o r m Q L3' W w :co 3 AV 3AY yf 809Nv8 LUw W 7 ct 'Q z N r ! Nb�ON! 0 _ y .� o wl b 0.L 01 A •a t o 3T7bT� �a a �a5 t � t a T V1 w W snn� v oY C I ■ a 10 cc 8•:�. `�. �. Q.. �� ..�. �•�' ' jig^� �dSb ,m r I i II d � S N �z CO 1 3H1J.18 I 3AdLO 19 :o U• d. . .. ..��I LU J 'a: dP W F - o >_ • ,9 rn ■ m ono On a 3Ad zq Q z0 fir, o 'ld INvd�11m : 0 9 (r) ,• V I za N3a6v�a •. a 9 ion '3AIV Ill 3 z z„d 'Ad "!!C Yl p !yO of � H U a W 3A o�Z At Z p y L) _K L_ 1 U) J3: V -0 Q OF- • I i� d Z aZ Up as _ G O Z 3w=19 1NY1S 3f CL 0 .a RELEASES OF LIEN OCTOBER 6, 2004 TOTAL +PAID THROUGH TAX ROLLS Page 1 of 1 $ 739.29 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0150187-03 $ 58.31 2. 0191763-01 $ 122.96 3. 0520122-04 $ 44.54 4. 0920182-04 $ 127.47 5. 1110285-07 $ 52.04 6. 1130278-03 $ 123.78 7. 1530423-03 $ 53.33 S. 1550875-06 $156.86 TOTAL +PAID THROUGH TAX ROLLS Page 1 of 1 $ 739.29 EAST VALLEY WATER DISTRICT Water Quality Conference Update Actual Budget to Date Revenues Variance Co -Host - AW WARF 25,000 25,000 Registration Fees (250 paid) 93,750 11,500 (82,250) Booth Rental 3,500 1,750 (1,750) Sponsorships - Cash 92,500 70,300 (22,200) 214,750 108,550 (106,200) Expenditures Conference Coordinator 90,000 45,935 44,065 Printing and Publications 14,000 14,000 Printing and Pub - Conf Coord - Postage and mailing 3,500 3,500 Promotional Items 7,000 6,009 991 Legal 1,000 319 681 Doubletree Morning 10,500 10,500 Lunches 17,500 17,500 Breaks 8,400 8,400 Reception 4,250 4,250 Photographer 1,000 1,000 Audio visual 6,000 6,000 Hotel rooms - Board & Staff 2,000 2,000 Hotel room - Conf Coord 650 650 Planning and Marketing - Meals 1,500 1,713 (213) Lodging 5,000 3,450 1,550 Staff Dinners 4,000 200 3,800 Speaker travel and lodging 20,000 559 19,441 Supplies 450 348 102 Consultant - Conf Database 500 630 (130) Credit Card Processing 1,500 135 1,365 EVWD Payroll 16,000 6,602 9,398 65,900 214,750 148,850 Balance - 42,650 O N CO) O N U_ N o N � N W H Q � co C C ' Q N N W J W J �a O N 00 M M r r N LA N d' T M M M V N no V N LOU) r M No M Ln M Cl) r T O M N T N O O CM CO V N I� r N CO f� 00 to r r r Ln V r M CO d' r 00 OD N In M N Ln O LO ti' O CO T� LC) d' N Cfl N to N O CM t- T O CO LO n T O NO T T T T r T T L Cc }� mCC W W Q�U D CCJ ? W [0�� J [[ cr } } LU W W Q W 2 Q? -5 Q u 0 0 z 0 O N M O O N ci N N 2 ow¢ m�� W } � Q 3�XN N Cl) o N W g J -J >xa cn WN o OD rn M T H 2 O 2 r N 0 00 N N CO tt f� N Cl) N N M N N et I� M M M N � M r N Cfl M CO O n N N O It d' +^ V C M f, N M N to T N Cl) O O T O O M N V Ln CO M N M N N T N O O O r r N N C`M M T ir X W WW om= U) W m Q 22 U -> ZmIrFr z iC3d0>U QW aC-Q��DWUO W )< 0ZO J H O F- C.) 00OD0§p0)000K / � ze==»)»oEe>e ��m \ § w==m = "c=n 6©§ f§F�- § 2■ g 2 \z\ —k2 s�q o �0 U) k« w z2 ER t,N===ame 5k £§� LO CO � m nP F- C.) �[ §LLI ze==»)»oEe>e ��m e$ °° zCC 6©§ f§F�- § 2■ g 2 �� —k2 s�q m 1 1 1 1 1 U) k« w z2 ER t,N===ame EEK » —z§ a§§ a@§ a§� E2� ƒkLL § z ,)z 0 LO»»=o'In a== ze==»)»oEe>e ( \LL<2n)/±/5± F lh, x zaco 090 Q o ul x .W^.Z2 r LL, 0 2 CC a U x z w Q 0 W X G 2 W m �La m g x 1- Z z O a w vii m z oC O � U U x H z 0 2 M00^w TTw V w�}000 M ON f': w qO LQ 000 Lj *'4N V V r NhCvj000 T 1 1 1 N V 0 pew f�wN^000 N �pcoF� V ON X000 rj NOTTOdC�'>CpOp00 T 1 1 1 d'NT NNOLor� Of,N Cq LO 00 I �V'N0NCp00N�OTwN T r T O r r N N N N N T r T N N 0 CO NMOf�Ow(Or O CO r w r N T T NM M It a) CO -;t T T T T T T N N N T T T M, M N O M M N M wmovrnoaTw NNrwO�l�lfl CD r r r r N N N N N T LU mcr Q I-2Wmm � Cc U J W CO O w w <LU<CL �z)wUOw -3LL2< acn0z0 ., ti Co O N CC) N T J H O U_ Q H � �_ U) OU Z w0 } N J Z J0 >U O H W a W LLI W 2 a� OrMNOMMNtA O W MCO V f�00rCp Cl) d' N N N 0 O N t In r N 00 O V'M r Ism 0)M N1�N Ow O r O It N M N M O NN O r OD N N r r r r N N N N N r r N N OD I- Cf) NC-LoLo000OOCO '- O O CO A N N LO N CO O) O LO d' N O Ce) Nd' V COO CO NCf) MIt CM r N T T T r T N N N N r r r r N r M OD O V N M co M O) co Ln M 0) O O CY) I,- CO N Mr d'* Ln CO N O O O O N CO r It cr V O f� N r N r r r r r N N N N N r r r N O O O N M CO co LO N CO r` Lo co t- O 0 N h r CO N O CO CO t O N OD r O cor N 7 LO M d' M O CO OM N r r r r r N N N N r r r N CA co r, O N0Mr OM M COq*00O 00 CA LOONMNCONCOMrWZ r r r r r r r N N N N r r N ao MMMTd'OMM rCOrCp N LO N LO Ln LO r - CD CA M O O CO M r O CA M O M lO r M V CA L7 tY � LIJ Q LU C: LLI co ir CO co Q= Lu _ ¢ UW m 2 J D it w=) O w W Q Z zmCc ZJU` a.�>U I— <LL Q-5�dco0ZO Mojave Water Agency DATE: 22450 Headquarters Drive ♦ Apple Valley, California 92307 Phone (760) 946-7000 ♦ Fax (760) 240-2642 ♦ www.mojavewater.org September 15, 2004 SEP 2 8 2004 East Valley vta... ..�t TO: Special District Board Members and General Managers a% - FROM: Kimberly Cox, Director, Division 1 and LAFCO Special District Board member This letter is written to extend my heartfelt thanks for your support throughout the recent Special District election process. I am committed to representing all special districts in a fair and informed manner, and I look forward to working with you for the next few years as one of the two LAFCO Special District representatives. Please feel free to contact me at any time with your comments or concerns in relation to issues coming before LAFCO. I can. be reached via cell phone at (760) 954-4955, or you may contact me via email at kcox .moiavewater.org. Assodovon or the sin CPeMgrjino County $ped2l `bistriets Dct6e.r Inn, ,Z00* Me.fttberslvip Meati" Parsons is hosting the October membership meeting at Sierra Lakes Golf Club in Fontana. The social hour will begin at 6 p.m. with a call to order at 6:45 p.m. A buffet dinner will be served. Buffet: Sirloin beef tips with noodles; Chicken Parmesan with pasta; green salad; seasonal vegetables; rolls & butter; water; coffee; and tea. Apple or peach cobbler for desert. Cost: $31 Program: John Longville, Assembly Member for District 62 "What's happening in Sacramento ---------------------------------------------------------------------------- ------------------------------------------------------------------------ RSVP to Alma Seniuk by October 8, 2004 Telephone: 626-440-6138 Fax: 626-440-6337 E -Mail: alma.seniuk@parsons.com 100 West Walnut Street Pasadena, CA 91124 District(Associate Attendees: REMINDER; There is a S2 surcharge per person for reservations made after the deadline date and coming to the dinner meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to the deadline date. n Sierra Lakes Golf Club 16600 Clubhouse Drive Fontana, CA 92336 From high desert take 1-15 S toward SAN BERNARDINO. Take the SIERRA AVENUE exit Tum LEFT onto SIERRA AVE Tum RIGHT onto CLUBHOUSE DR End at 16600 CLUBHOUSE DR FONTANA CA From West take 1-10 E toward SAN BERNARDINO. Merge onto 1-15 N toward BARSTOWILAS VEGAS.: Merge onto CA -210 E Take the SIERRA AVE Tum LEFT onto SIERRA AVE. Tum LEFT onto CLUBHOUSE DR End at 16600 CLUBHOUSE DR FONTANA CA From East take 1-10 W to 1-15 N toward BarstowlLas Vegas Merge onto CA -210 E Take the SIERRA AVE Tum LEFT onto SIERRA AVE. Tum LEFT onto CLUBHOUSE DR End at 16600 CLUBHOUSE DR FONTANA CA MApQVEST.- CIE=j r i y yR� F. ,a _ • � G'. 9ummk Ave' Y q` o r .. 2100 ... �, Nhghhintl Ave � <lm_ Z W HiOFllatM AVE . Basetme Rd , : ,. _ c Baseline Avg W Base Une Rd a .. E Base Line Rd".. Foothill Blvd Footlhdl Blvd - W Foothill BNd W Foothtll Blvd Rialto Foattt Blvd 200.1 hdepQuasT.mom. Inc.; d 2004 NAVTEQ !1� ;E, t y ,jft ; 'You are coral all inoi%o(% an 0pen .ouse to lief as celebrate flee 2S 74nnioe-rsar y Yfiy,� Cenler goin us on 7Aurso(arJ. , Ocfo6er 21s1 from 3 - S p.m. for an afternoon f fonolmemories and recollections. 3 ere mill al o & souvenirs, refreshrrzenfs plus arrest c5peaker c5upervisor Dennis Xans6eryer ).lease /? 6.V5.'at (909)862-8104 cSponsorerl6y: cS.JS G — J2ofary Club jJYigA anJlcSar -7 er72 lino — 9nl6od �mpire,7 corporafion C` INTEGRATED MANAGEMENT PROGRAM DEMONSTRATION PROJECT AGREEMENT This Integrated Management Program Demonstration Project Agreement (Agreement) is between the San Bernardino Valley Water Conservation District, San Bernardino Valley Municipal Water District, Western Municipal Water District of Riverside County, the City of San Bernardino Municipal Water Department, the City of Redlands, and East Valley Water District and effective from the date of execution by all parties to the Agreement (Parties). RECITALS WHEREAS, the Parties have various missions, but intend through this Agreement to provide a management structure for the purposes of (1) spreading native water as and when available; (2) spreading supplemental water when native water is not otherwise available to increase water levels in the upper basin (forebay); and, (3) managing recharge to avoid deleterious impacts in the pressure zone; and, WHEREAS, there are pre-existing agreements or judgments that impose conditions on some or all of the Parties, including, the "Seven Oaks Accord," the Western Judgment, the 1977 Big Bear judgment and the "Exchange Plan"; and, WHEREAS, the Parties intend that this Agreement will implement a demonstration program, pending the preparation and full implementation of the Integrated Management Program, as that term is defined in the "Seven Oaks Accord," and, as such, is intended to be of limited duration. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: TERMS OF AGREEMENT 1. This agreement shall have a term of one (1) year from execution by all Parties (Initial Term). The Initial Term may be extended by the consent of all Parties for four (4), one-year periods (Extension Terms). Unless all Parties make an express determination that the Agreement may extend beyond five (5) years, the Agreement shall expire at the end of the Extension Terms. 2. The Parties shall establish replenishment targets (Replenishment Targets) for recharge areas for the Initial Term. The Replenishment Targets established for the Initial Term are attached hereto as Exhibit "A". At any time that it is determined necessary, the Parties will review and revise the Replenishment Targets; provided, however, that at the beginning of each Extension Term, the Parties will meet and confer in good faith to review and revise the Replenishment Targets. Any revision to the Replenishment Targets will be incorporated as though set forth in full in this Agreement. Integrated Management Program Demonstration Project Agreement 3. The Parties will meet and confer in good faith to prepare a mechanism for evaluating the effects of the proposed Replenishment Targets, using such technical tools and analyses as they may collectively develop. At a minimum, the Parties agree that the groundwater model prepared by United States Geological Survey (USGS) for SBVMWD will be utilized to determine potential effects. Additionally, available, current groundwater levels will be analyzed. The Parties may determine that additional data are required for analysis and, by mutual consent, develop technical memoranda setting forth the information that will be considered to re-evaluate the effects of Replenishment Targets. 4. The Replenishment Targets are not intended to be fixed limits. They are intended to serve as thresholds for additional review and analysis. In the event that any party to this Agreement requests a change to the Replenishment Targets, then all Parties to the Agreement shall meet and confer in good faith to evaluate the proposed change to spreading targets, using the evaluation methodology set forth in the technical memoranda that may be prepared as set forth in Paragraph 3. In order to change Replenishment Targets, the Parties must achieve consensus. 5. Notwithstanding any other provision in this Agreement, the Parties will meet quarterly, or more frequently as required, to discuss, review and analyze this demonstration program and its effectiveness. 6. This Agreement may be executed in counterparts. This Agreement may be terminated with the written consent of all Parties. 8. This Agreement does not confer a benefit on any other person, corporation, organization, agency or municipality; no third party beneficiary is created through this Agreement. 9. This Agreement does not obligate funds on behalf of any Party. 10. No Party to this Agreement may use this Agreement, or any actions taken pursuant to this Agreement, as evidence in any pending water rights proceedings. SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT By. _ DATE: 10 4 a W II o U LL U m U T a m m 0 a= N 0 m dO U a O z m U �m y o N C f0 m d a � � m c 0 a N N C a E CD m > T C U)iEE 10 N N to N �� O O Ow w =LLQ I IL E o -E m E xm m m m M O O C LL Q O O V .N N O 1 O } EOE � Q d m v Ln i� r m m 3 o a U c 0 0 o " N i r C LL O 0 O O O O O� O O O W 04 3 � o �Lo� fSo N w N moi, m i Hyl 0 rn I¢i y'.E. rMI Integrated Management Program Demonstration Project Agreement SAN BE ARD V LEY MUNC AL AT DI TRIC DATE: 1(j i WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY By:iL- CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT CITY OF REDLANDS By-.u� Attest: By: EAST VALLEY WATER DISTRICT By: DATE: I,U - G- b DATE: I 6 -- ,/ DATE: DATE: Zo-&-o