CA Review GH
Meeting Date: March 7, 2023
To: Mayor/President and City Council/Board Members
From: Scott Chadwick, City Manager/Executive Manager
Staff Contact: Dave Padilla, Utilities Engineering Manager [email protected], 442-339-2356
Neil Irani, Utilities Associate Engineer
[email protected], 442-339-2305
Subject: County of San Diego Well Permits and Encina Wastewater Authority Special Use Permit Applications, Including for the Kelly Drive Sewer Replacement Project
Districts: All
Recommended Actions
1. As the City Council, adopt a resolution authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits.
2. As the Board of Directors of the Carlsbad Municipal Water District, adopt a resolution authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits.
3. As the City Council, adopt a resolution authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits for the Kelly Drive Sewer Replacement Project.
Executive Summary
The Kelly Drive Sewer Replacement Project requires two permits, a well permit from the County of San Diego and a special use permit from the Encina Wastewater Authority. The permit applications require the city, as the responsible party, to indemnify the County of San Diego and the Encina Wastewater Authority.
The authority to indemnify the County of San Diego or the Encina Wastewater Authority rests with the City Council or the Carlsbad Municipal Water District Board, though may be delegated to the City Manager or the Executive Manager, as provided in the section of the Carlsbad Municipal Code that details the powers and duties of the City Manager, Section 2.12.035, subsection (L).
March 7, 2023
Item #5 Page 1 of 22
9 .
.
.
JOINT CITY COUNCIL AND
CARLSBAD MUNICIPAL WATER DISTRICT
Staff Report
These standard permit applications are not unique to the Kelly Drive Sewer Replacement Project. They can occur on any project that requires trenching. Staff would like to streamline the filing of these applications for future Capital Improvement Program projects and are requesting the City Council and the CMWD Board delegate the authority to the City Manager or Executive Manager to sign these standard permit applications when they are:
• Necessary for the evaluation of site conditions in connection with the planning, design phase investigations or construction of Capital Improvement Program project • Recommended by the City Engineer, Deputy City Engineer or District Engineer • Approved by the City Attorney’s Office
To move the Kelly Drive sewer project forward and to expedite the permit process so other construction projects that have been approved by the City Council and the CMWD Board are not delayed in the future, staff recommend:
• The City Council adopt the proposed resolution attached as Exhibit 1, which authorizes the City Manager to sign standard jurisdictional agency permit applications on behalf of the city when the criteria listed above are met.
• The CMWD Board adopt the proposed resolution attached as Exhibit 2, which authorizes the Executive Manager to sign standard jurisdictional agency permit applications on behalf of CMWD, again, only when the criteria are met.
• The City Council adopt a third resolution attached as Exhibit 3 providing the approval specifically needed for the Kelly Drive Sewer Replacement Project.
Explanation & Analysis
Kelly Drive Sewer Replacement Project
This project will replace 580 feet of 12-inch diameter sewer pipe with new 15-inch diameter pipe and rehabilitate three sewer access holes along Kelly Drive, immediately south of El Camino Real (Exhibit 4). As authorized by the City Council, the project is currently out to bid with an anticipated construction start in the summer of 2023.
The project is anticipated to require water to be pumped out of the trench and discharged into the wastewater collection system. The following two permits are necessary to allow these activities to occur:
• A County of San Diego well permit for installation of groundwater monitoring wells (Exhibit 5)
• A special use permit from the Encina Wastewater Authority to allow water to be pumped out of the construction site (Exhibit 6).
County of San Diego well permit
The San Diego County Department of Environmental Health and Quality enforces state standards related to wells. It requires a permit for wells dug to monitor groundwater, which is required for the Kelly Drive project and many similar projects that require trenches to be dug.
The application for this permit must be completed and signed before the well can be installed, and it requires the party responsible for the well, such as the city or CMWD, to indemnify the county from claims arising from or connected to the issuance of the permit.
Encina Wastewater Authority special use permit
Discharging groundwater or surface runoff to the Encina sewer system operated by the Encina Wastewater Authority is only allowed by a special use permit, which sets pretreatment standards and requirements. One of these requirements is an indemnity agreement that holds March 7, 2023
Item #5 Page 2 of 22
the Encina Wastewater Authority and its member agencies harmless from all costs, claims and/or damages arising out of or related to the discharge of the treated groundwater. The permit application must identify the source and amount of discharge constituents and characteristics, as determined by a state-certified laboratory.
Fiscal Analysis
The estimated County of San Diego well permit application fee is $1,408, and the fees for installation, groundwater sampling and destruction of two wells upon completion of the sampling are $33,640. There are no fees for Encina Wastewater Authority special use permits.
The total estimated costs for the Kelly Drive Sewer Replacement Project for two monitoring wells, including permit application fees, are $35,050, and sufficient funds are available in the Capital Improvement Program project budget as summarized in the table below.
The fees for permit applications and for well installation, groundwater sampling and testing would be included in the budgets for future projects, and paid by the budget for the individual project needing the permits. The amount of the fees would be similar to the ones listed above for the Kelly Drive Sewer Replacement Project.
Options
The City Council has already approved putting the Kelly Drive Sewer Replacement Project out for bids and there is funding for the well permit costs in the project’s budget.
To expedite projects and prevent delays in similar projects in the future, staff are recommending the City Council and the CMWD Board adopt resolutions authorizing the filing of applications for County of San Diego well permits and Encina Wastewater Authority special use permits for future Capital Improvement Program projects. This would enable the city and the water district to obtain these relatively routine and standard permits as a normal part of their operations, without having to obtain the approval of the City Council or the CMWD Board.
Kelly Drive Sewer Replacement Project
Capital Improvement Program Project No. 5548-A
Total appropriation to date $1,200,000
Total expenditures and encumbrances to date -$41,000
Total available funding $1,159,000
Construction contract (estimated) -$621,000
Construction contingency (estimated, 15%) -$94,000
Construction management, inspection, and material testing (estimated) -$124,000 Public outreach (estimated) -$15,000
Staff time and engineering services (estimated) -$42,000 Monitoring well installation, sampling and well destruction (estimated) -$37,000 Total estimated costs -$933,000
Available funding anticipated after bidding $226,000
March 7, 2023
Item #5 Page 3 of 22
Staff have identified no drawbacks from this action. If the City Council and the CMWD Board decline to adopt the proposed resolutions, staff will continue to request the City Council and the CMWD Board’s approval for the filing of these permit applications as needed for future projects.
Next Steps
With approval of the proposed resolutions, staff will authorize the city’s geotechnical consultant, Atlas Technical Consultants LLC, to submit the completed County of San Diego well permit application for the Kelly Drive Sewer Replacement Project. Once the permit is issued, Atlas will proceed with installation of the groundwater monitoring wells, groundwater sampling at the project site and laboratory testing to support the Encina Wastewater Authority special use permit application, which is to be submitted by the city together with the construction contractor’s water removal plan.
Construction of the project will be allowed to proceed upon issuance of the wastewater authority’s permit and is expected to start in the summer of 2023.
Environmental Evaluation
The City Planner has determined that this project classifies as a maintenance project and is exempt from environmental review according to California Environmental Quality Act Guidelines sections 15302 - Replacement or reconstruction of existing facilities. None of the exceptions described in Section 15300.2 apply to this project. A notice of exemption was filed on Dec. 22, 2022, with the San Diego County Clerk (File # 2022-001057) in compliance with Section 21152(b) of the California Public Resources Code.
Exhibits
1. City Council resolution to file permit applications with the County of San Diego
2. Carlsbad Municipal Water District Board resolution
3. City Council resolution for Capital Improvement Program Project No. 5548-A
4. Location map
5. County of San Diego well permit application
6. Encina Wastewater Authority special use permit application March 7, 2023
Item #5 Page 4 of 22
RESOLUTION NO. 2023-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FILING OF PERMIT APPLICATIONS AND
EXECUTION OF INDEMNITY AGREEMENTS FOR COUNTY OF SAN DIEGO AND
ENCINA WASTEWATER AUTHORITY PERMITS
WHEREAS, the County of San Diego Department of Environmental Health and Quality administers and enforces State of California standards and local ordinances pertaining to the construction, alteration, maintenance and destruction of monitoring wells, inclinometers, vapor probes, cathodic protection wells and enhanced leak detection systems; and WHEREAS, the Encina Wastewater Authority, through its Pretreatment Ordinance, amended June 20, 2019, regulates the discharge of groundwater or surface runoff to the Encina sewerage system and issues special use permits to its member agencies, including the City of Carlsbad, and to persons or companies under contract with the member agencies who are users of the Encina sewerage system; and
WHEREAS, staff find it necessary to file permit applications for such activities in connection with Capital Improvement Program projects and such permit applications contain indemnities, either through standard clauses on the application forms or via indemnity agreements; and WHEREAS, the city's indemnification is a condition precedent to the approval of permits by these agencies; and
WHEREAS, the City Council has determined that it is in the public interest to delegate certain powers to the City Manager in accordance with the Carlsbad Municipal Code Section 2.12.035(L).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized to sign County of San Diego Well Permit applications and Encina Wastewater Authority Special Use Permits with indemnities and to execute indemnity agreements for city Capital Improvement Program projects when recommended by the City Engineer or the Deputy City Engineer, Utilities Department, and upon the advice of the City Attorney's Office.
Exhibit 1
March 7, 2023 Item #5 Page 5 of 22
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council of the City of Carlsbad and the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
March 7, 2023 Item #5 Page 6 of 22
RESOLUTION NO. 1698
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE FILING OF PERMIT APPLICATIONS AND EXECUTION OF
INDEMNITY AGREEMENTS FOR COUNTY OF SAN DIEGO AND ENCINA
WASTEWATER AUTHORITY PERMITS
WHEREAS, the County of San Diego Department of Environmental Health and Quality administers and enforces State of California standards and local ordinances pertaining to the construction, alteration, maintenance and destruction of monitoring wells, inclinometers, vapor probes, cathodic protection wells and enhanced leak detection systems; and WHEREAS, the Encina Wastewater Authority, through its Pretreatment Ordinance, amended June 20, 2019, regulates the discharge of groundwater or surface runoff to the Encina sewerage system and issues special use permits to its member agencies, including the City of Carlsbad, and to persons or companies under contract with the member agencies who are users of the Encina sewerage system; and
WHEREAS, staff find it necessary to file permit applications for such activities in connection with Capital Improvement Program projects and such permit applications contain indemnities, either through standard clauses on the application forms or via indemnity agreements; and WHEREAS, the CMWD Board's indemnification is a condition precedent to the approval of permits by these agencies; and
WHEREAS, the CMWD Board has determined that it is in the public interest to delegate certain powers to the Executive Manager in accordance with the Carlsbad Municipal Code Section 2.12.035(L).
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Executive Manager is hereby authorized to sign County of San Diego Well Permit applications and Encina Wastewater Authority Special Use Permits with indemnities and to execute indemnity agreements for water and recycled water Capital Improvement Program projects when recommended by the District Engineer and upon the advice of the Office of the General Counsel.
Exhibit 2
March 7, 2023 Item #5 Page 7 of 22
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad and the City Council of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
�
KEITH BLACKBURN, President
SHERRY FREISINGER, Secretary
(SEAL)
March 7, 2023 Item #5 Page 8 of 22
RESOLUTION NO. 2023-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FILING OF PERMIT APPLICATIONS AND
EXECUTION OF INDEMNITY AGREEMENTS FOR COUNTY OF SAN DIEGO AND
ENCINA WASTEWATER AUTHORITY PERMITS FOR THE KELLY DRIVE SEWER
REPLACEMENT PROJECT
WHEREAS, the County of San Diego Department of Environmental Health and Quality administers and enforces State of California standards and local ordinances pertaining to the construction, alteration, maintenance and destruction of monitoring wells, inclinometers, vapor probes, cathodic protection wells and enhanced leak detection systems; and WHEREAS, the Encina Wastewater Authority, through its Pretreatment Ordinance, amended June 20, 2019, regulates the discharge of groundwater or surface runoff to the Encina sewerage system and issues special use permits to its member agencies, including the City of Carlsbad, and to persons or companies under contract with the member agencies who are users of the Encina sewerage system; and
WHEREAS, staff find it necessary to file permit applications for such activities in connection with the Kelly Drive Sewer Replacement Project, Capital Improvement Program Project No. 5548-A, and such permit applications contain indemnities, either through standard clauses on the application forms or via indemnity agreements; and
WHEREAS, the city's indemnification is a condition precedent to the approval of permits by these agencies; and
WHEREAS, the Deputy City Engineer, Utilities Department, and the City Attorney's office recommend the filing of these permit applications; and
WHEREAS, the City Council has determined that it is in the public interest to delegate certain powers to the City Manager in accordance with the Carlsbad Municipal Code Section 2.12.03S(L).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized to sign the County of San Diego Well Permit application with indemnities and the Encina Wastewater Authority Special Use Permit and indemnity agreement for the Kelly Drive Sewer Replacement Project, Capital Improvement Program Project No. 5548-A.
Exhibit 3
March 7, 2023 Item #5 Page 9 of 22
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council of the City of Carlsbad and the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
lvsHERRY FREISINGER, City Clerk
1 - (SEAL)
March 7, 2023 Item #5#5 Page 10 of 22
LOCATION MAP
Sunny Creek Rd
Rancho Pancho
PROJECT SITE
VICINITY MAP
AVECOSTA
LA
BLVD
CARLSBAD
RD
ALGA
PALOMAR AIRPORT
RD
EL
CAMINO
REAL
RANCHO
SANTA FE
RD
POINSETTIA
LANE
ALICANTE
RD
EL
FUERTE
OLIVENHAIN RD.
MELROSE
DR.
FARADAY
COLLEGE
BLVD
PASEO
DEL
NORTE
AVE
AVENIDA
ENCINAS
CANNON RD
MONROE
ST
CARLSBAD
VILLAGE DR
MARRON
TAMARACK
AVE
RD
LAKE
CALAVERA
LAGOON
AGUA HEDIONDA
LAGOON
BATIQUITOSLAGOON
AVIARA
PKWY
POINSETTIA
LANE
PROJECT
SITE
PROJECT NAME
KELLY DRIVE SEWER REPLACEMENT
PROJECT
5548
EXHIBIT
4 NUMBER
5548-A
Exhibit 4
March 7, 2023
Item #5 Page 11 of 22
S:\LWQ\WELL PROGRAM\M onitoring Wells\Applications (Rev. 5-2022) Page 1 of 3 County of San Diego Department of Environmental Health & Quality
PERMIT APPLICATION
GROUNDWATE
R
AND VADOSE MONITORING WELLS
AND EXPLORATORY OR TEST BORINGS
A. RESPONSIBLE PARTY 1 E-mail
Mailing Address City State Zip
Contact Person Phone Ext.
INDEMNIFICAT
ION OBLIGATION: To the fullest extent permitted by law, County shall not be liable for, and Responsible Party shall defend, indemnify and hold harmless the County and its Directors, officers, agents, employees and volunteers (collectively “County Parties”), against any and all actions, direct or third-party claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs (hereinafter collectively referred to as “Claims”), which arise out of or are in any way connected to the issuance of this Permit or performance of any work pursuan t to the Permit, including without limitation , any action brought to attack, set aside, void or annul the issuance of the Permit under the California Environmental Quality Act, Public Resourc es Code section 21000, et seq., or any other environmental law, and any action based on or alleging the damage, destruction, loss, or take of private property pursuant to Article I, Section 19, of the California Constitution or the Fifth Amendment to the U.S. Constitution, and further including, without limitation, any Claims caused by the sole passive negligence or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Responsible Party shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligence or willful misconduct of County Parties.
RESPONSI BLE
PARTY SIGNATURE: _______________________________ DATED: _____________________ B. SITE ASSESSMENT PROJECT NUMBER – IF APPLICABLE #
C. CONSULTING FIRM
Mailing Address City State Zip
Registered Professional Phone Registration # (PG, CEG, RCE) E-mail
Contact Person Phone Ext Email
D. DRILLING COMPANY C57#
Contact Name E-mail
Mailing Address City State Zip
Phone Ext.
1 Per San Diego County Code Section 67.402, the Responsible Party is any person who has, or who has contracted or otherwise caused to have, a monitoring well constructed, repaired, re-constructed or destroyed. Per this definition, the consultant and driller are not the Responsible Party. They are contracted by the Responsible Party.
OFFICE USE ONLY
PERMIT LMWP# _______________
SAM CASE Y/N # ______________
DATE RECEIVED: ______________
FEE PAID: ____________________
CHECK # _____________________
Exhibit 5
March 7, 2023
Item #5 Page 12 of 22
S:\LWQ\WELL PROGRAM\M onitoring Wells\Applications (Rev. 5-2022) Page 2 of 3 County of San Diego Department of Environmental Health & Quality E. CONSTRUCTION INFORMATION
TYPE OF WELLS/ BORINGS TO
BE CONSTRUCTED
#
☐ Groundwater
☐ Vadose
☐ Boring
☐ Soil Vapor
☐ Other
NUMBE
R OF WELLS TO BE
DESTROYED
☐ Destruction
MATERIALS TO BE USED
CASING SEAL/BORING
BACKFILL
Not Applicable ☐ Neat Cement
Type ☐ Cement & Bentonite
Gauge ☐ Sand-Cement
Diameter ☐ Bentonite
Screen Size ☐ Other
Filter Pack Borehole diameter
Drilling Method
☐ Auger ☐ Air Rotary
☐ Direct Push ☐ Sonic
☐ Other ☐ Percussion
PROPOSED CONSTRUCTION
Estimated Groundwater Depth:
ft.
Estimated Depth of Boring:
ft.
Concrete Seal: 0 to 3
Annular Seal: to
Filter Pack: to
Perforation: to
NOTE: Attach a well
construction diagram
I agree to comply with the requirements of the current Site Assessment and Mitigation Manual, and with all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring construction and destruction.
DRILLER’S SIGNATURE ____________________________________________ DATE __________________________ Within 60 days of completion, I will furnish the Monitoring Well Permit Desk (858) 505-6688 with a complete well/boring log.
I will certify the design and construction or destruction of the well/borings in accordance with the permit application.
PG /R
CE/CEG SIGNATURE __________________________________________ DATE __________________________ F. SITE INFORMATION - A P roperty Owner Consent agreement is required for all applications, except for onsite, open LOP/SAM site assessment cases, Caltrans properties and military properties. Submit a separate sheet for additional parcels.
1. ASSESSOR’S PARCEL NUMBER
Site Name
Site Address C ity Zip
PROPERTY OWNER
Phone Ext . Fax
Mailing Address C ity State Zip
NUMBER OF WELLS T YPE OF WELLS
2. ASSESSOR’S PARCEL NUMBER
Site Address C ity Zip
PROPERTY OWNE R
Phone Ex t. Fax
Mailing Address C ity State Zip
NUMBER OF WELLS T YPE OF WELLS
March 7, 2023
Item #5 Page 13 of 22
S:\LWQ\WELL PROGRAM\M onitoring Wells\Applications (Rev. 5-2022) Page 3 of 3 County of San Diego Department of Environmental Health & Quality G. QUE
STIONNAIRE: Please answer all applicable questions completely and submit any required supportive documentation.
1. W hat
is the purpose of the well/boring investigation?
☐ a. Part of an ongoing site assessment case in which a government regulator is the lead agency.
If yes, indicate which government regulator is the lead agency and the case number. ☐ Department of Environmental Health
☐ Re gional Water Quality Control Board
☐ De partment of Toxic Substances Control
☐ b. Par
t of a Phase I investigation for property ownership transfer. ☐ c. Geotechnical investigation for proposed construction or land stabilization. ☐ d. Other:
2. If wells are to be destroyed, provide a description of method of destruction
3. Are you proposing a variation from current SAM Manual Requirements for the construction or destruction of borings, Vadose and/or Groundwater Monitoring Wells? If yes, specify these variations and include a well construction diagram and all required supporting documentation. Refer to the SAM Manual Appendix B for monitoring well guidelines. Yes ☐ No ☐
March 7, 2023
Item #5 Page 14 of 22
ENCI
NA WASTEWATER AUTHORITY ..
A Public Agency
SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER DISTRICT,
LEUCADIA WASTEWATER DISTRICT AND CITY OF ENCINITAS
6200 Avenida Encinas
Carlsbad, CA 92011-1095
Telephone (760) 438-3941
FAX (760) 438-3861 (Plant)
(760) 431-7493 (Admin)
Thank you fo
r contacting Encina Wastewater Authority to obtain information about the permitting process.
This letter will help to facilitate the permit process on behalf of Encina Wastewater Authority . Once the documentation has been received, reviewed, and approved by EWA, a site inspection will be scheduled.
Please note, prior to EWA’s issuance of the permit, the system mu st be demonstrated in the field and functional as per the specifications provided to EWA in the permit application. The standard turn-around time to issue a permit is approximately 4-6 weeks.
1. P rovide a
completed discharge permit application including all the supporting documentation listed below.
2. Liability Insurance.
a. "Encina Wastewater Authority and Membership Agencies" named as Additionally Insured in the Certificate of Liability Insurance.
b. Min $5,000,000 general liability AND $5,000,000 for all environme ntal impairment damages resulting from discharge; valid for the entire duration of the Permit.
3. Provide a sewer map that identifies all test pits, excavation pit locations, and names of each discharge point (Manhole) on the map.
4. Provide representative analytical sample results.
5. Provide a signed Indemnity Agreement from the participating agency Valid Entire Duration of the Permit.
6. Provide written plan approval from the participating agency for the proposed discharge flow rate, flow volume, discharge points, including any special condition requirements (wet weather discharge, Storm Water BMPs, manhole protection, etc.).
7. Provide a printout of Geotracker results with 1000’ search radius (map).
8. Provide details regarding the pretreatment system including the proposed maximum discharge flow rate and max hours pumped per day, the size of the hoses used, (model number of the pump and the max pumping rate, calculations for the retention time in the sedimentation tank, (baffles or no baffles in the tank), the model number and optimum flow ranges for the flow meter, documentation defining the length of straight pipe required before and after the meter for accurate measurements, flow restrictor information (if needed) and sample point details (Spigot).
9. Provide a Ground Water Discharge Sketch to include the details of excavation pump, high level shut off, sediment tank (baffles or not), discharge pump, high/low level shut off, treatment train, inverted U, straight pipe, flow meter, straight pipe, governor, sample point, etc.
Please contact me directly with questions or concerns.
Thank you,
Robert Grigg
Encina Wastewater Authority
Environmental Compliance
Source Control Manager
[email protected]
Office: 760-438-3941 ext: 3603
Exhibit 6
March 7, 2023
Item #5 Page 15 of 22
Encina Wastewater Authority
SPECIAL USE
DISCHARGE PERMIT APPLICATION
Mail completed Encina Wastewater Authority Permit No. ___________ and signed 6200 Avenida Encinas Reviewer _____________ application to: Carlsbad, CA 92011 Date ________________ Phone: (760) 438-3941
SECTION A – GENERAL INFORMATION
1. Company/Applicant Name: _____________________________________________________________________________
2. Facility/Site Address: __________________________________________________________________________________ Street City Zip
Corporation Partnership Sole Proprietor
3. Corporate/Owner(s) Names:______________________________________________________________________________
4. Head Office Address:___________________________________________________________________________________ Street City Zip
5. Other Address(es): ____________________________________________________________________________________ Street City Zip
(Circle: Mailing, Billing, Landlord, Property Manager, Property Owner, Pretreatment Equipment Operator, etc.) (Attach Additional Sheet(s).)
6. Persons to contact concerning this application:
(Indicate at which address contact may be reached: F – Facility, HO – Head Office, O – Other)
_________________________________ ________________________ ________________ ___________ ______ Administration 1 Title Phone No. Ext. Address
_________________________________ ________________________ ________________ ___________ ______ Inspection/Sampling Title Phone No. Ext. Address
_________________________________ ________________________ ________________ ___________ ______ Other (Attach Additional Sheet(s).) Title Phone No. Ext. Address
__________________________________________ ______________________________ ____________________ _____________ _______ (Person Who Can Be Served Notice at the Site) Title Phone No. Ext. Address
1 Person with signatory authority to whom legal documents should be directed. See Page 4 of application for signatory requirements and statement.
7. Sewer Agency: Buena Sanitation District City of Vista Ci ty of Carlsbad Leucadia Wastewater District
City of Encinitas Vallecitos Water District
8. Discharge Alternatives: Provide a detailed description of the alternatives investigated for disposal including reasons why all other alternatives were not chosen. Attach additional sheet(s).
9. Environmental Risk or Health Hazard: Explain why the discharge is necessary to mitigate an environmental risk or health hazard or to protect the beneficial reuse of wastewater byproducts. Attach additional sheet(s).
10. Waste Origin: The source of the proposed discharge is within the Encina Service Area. ____________________ (Initial)
11. Using the criteria established by regulations of the EPA and the State, the proposed discharge is not considered to be toxic or hazardous. _________________
(Initial)
March 7, 2023
Item #5 Page 16 of 22
SECTION B – DISCHARGE CHARACTERISTICS
WATER QUALITY INFORMATION
1. Describe all present and past business or other activity(s) occurring at the facility/site that may have an effect on the water quality of the proposed discharge. Attach additional sheet(s).
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
2. Describe the known or suspected pollutant source(s) and history of the wastewater contaminants. Attach additional sheet(s).
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
3. Give common and technical names of any materials suspected to be present in the discharge. Briefly describe the physical and chemical properties and concentrations of each substance. Attach additional sheet(s) if necessary including all existin g laboratory reports.
Name Description Concentration
FLOW INFORMATION
1. Describe each proposed discharge by Well #, Pump # or Sample Point #. Attach additional sheet(s) if necessary.
Well,
Pump or
Sample #
Flow1
Metered Estimated
Discharge
Type2
Daily
Max
Flow3
Peak
Hydraulic
Flow4
Hours of
Discharge
Days of
Discharge
Discharge
Period
(Mo/Yr)
Pretreat-
ment
(Y or N)
1- Average Gallons Per Discharge Day 2 - B = Batch; C = Continuous; I = Intermittent 3 - Maximum Gallons Per Discharge Day 4 - Instantaneous Maximum Gallons March 7, 2023
Item #5 Page 17 of 22
FLOW INFORMATION (Cont.)
2. Is the discharge from your system controlled: Manually Automatically
3. Describe any engineering controls and/or planned procedures for preventing flows greater than your permitted amount from entering the sewer system. Attach additional sheet(s).
4. Is there any existing or planned discharge to storm drains? Yes No If yes, list NPDES Permit Numbers(s) and attach a copy of the Monitoring and Reporting Requirements. ________________
5. Describe your plan for mitigating the need to discharge to the sewer in the future. Attach additional sheet(s).
PRIORITY POLLUTANT INFORMATION
Place an “x” by each listed chemical which may be present in your discharge. Some compounds are also known by other names.
Include the estimated concentration in mg/L, if known.
Asbestos (fibrous) Carbon tetrachloride Endrin aldehyde Cyanide (total) Chlordane Ethylbenzene
Antimony (total) 4-chloro-3methylphenol Fluoranthene Arsenic (total) Chlorobenzene Fluorene
Beryllium (total) Chloroethane Heptachlor
Cadmium (total) 2-chloroethyl vinyl ether Heptachlor epoxide Chromium (total) Chloroform Hexachlorobenzene
Copper (total) Chloromethane Hexacholorobutadiene Lead (total) 2-chloronaphthalene Hexachlorocyclopentadiene Mercury (total) 2-chlorophenol Hexachloroethane
Nickel (total) 4-chlorophenyl phenyl ether Indeno (1,2,3-c,d) pyrene Selenium (total0 Chrysene Isophorone
Silver (total0 4,4’-DDD Methylene chloride
Thallium (total) 4,4’-DDE Naphthalene
Zinc(total) 4,4’DDT Nitrobenzene
Acenaphthene Dibenzo (a,b) anthracene 2-nitrophenol Acenaphthylene Dibromochloromethane 4-nitrophenol Acrolein 1,2-dichlorobenzene n-nitrosodimethylamine Acrylonitrile 1,3-dichlorobenzene n-nitrosodi-n-propylamine Aldrin 1,4-dichlorobenzene n-nitrosodiphenylamine Anthracene 3,3’-dichlorobenzidine PCB-1016
Benzene 1,1-dichloroethane PCB-1221
Benzidine 1,2-dichloroethane PCB-1232
Benzo (a) anthracene 1,1-dichloroethylene PCB-1242 Benzo (b) fluoroanthene 1,2-trans-dichloroethylene PCB-1248 Benzo (k) fluoroanthene 2,4-dichlorophenol PCB-1254 Benzo (g,h,i) perylene 1,2-dichloropropane PCB-1260 Benzo (a) pyrene 1,3-dichloropropylene Pentachlorophenol a-BHC (alpha) Dieldrin Phenanthrene
b-BHC (beta) Diethyl phthalate Phenol
d-BHC (delta) 2,4-dimethyl phenol Pyrene
g-BHC (gamma) Dimethyl phthalate 2,3,7,8-tetrachlorodibenzo-p-dioxin Bis (2-chloroethyl) ether di-n-butyl phthalate 1,1,2,2-tetrachloroethane Bis (2-chloroethoxy) methane di-n-octyl phthalate Tetrachloroethylene Bis (2-chloroisopropyl) ether 4,6-dinitro-o-cresol Toluene Bis (chloromethyl) ether 2,4-dinitrophenol Toxaphene Bis (2-ethylhexyl) phthalate 2,4-dinitrotoluene 1,2,4-trichlorobenzene Bromodichloromethane 2,6-dinitrotoluene 1,1,1-trichloroethane Bromoform 1,2-diphenylhydrazine 1,1,2-trichloroethane Bromomethane a-endosulfan (alpha) Trichloroethylene 4-bromophenyl phenyl ether b-endosulfan (beta) 2,4,6-trichlorophenol Butyl benzyl phthalate Endosulfan sulfate Vinyl chloride Endrin
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Item #5 Page 18 of 22
SECTION C – DRAWING AND INFORMATION SUBMITTAL REQUIREMENTS (Diagrams may be submitted separately or combined as long as the required information is included.)
1. Assessor’s Parcel Number(s): Provide the parcel numbers for all properties in the affected drainage area.
2. Facility/Site Diagram(s): Attach a diagram of the facility/site which includes the plume and/or drainage area, directional flow of water, all existing or proposed wells, pumps, sample points, flow meters, sewer drains, sewer laterals, manholes, discharge point(s), and containment structures (berms).
3. Wastewater Treatment Diagram(s): Attach a diagram of the wastewater pretreatment system (if any) and give expected pollutant removal efficiencies. Include engineering calculations supporting the siz ing of the proposed pretreatment equipment.
4. Cleanup and Abatement Order: Attach a copy of any Cleanup and Abatement Order issued by any other regulatory agency having jurisdiction over the discharge, including the pretreatment proposed or required by that order.
5. Remediation Plan: Attach a copy of any proposed or approved Remediation Plan prepared for the property.
6. Sampling Schedule: Attach a proposed sampling schedule including sampling points and constituents.
7. Liens: Attach a copy of any liens against the property.
8. General Liability: Attach proof of general liability and environmental impairment liability insurance of at least $5,000,000 naming EWA and the Member Agencies as additional insureds, and covering all liability for damages resulting from the discharge.
9. Indemnity Agreement: Attach the signed Indemnity Agreement provided to you with this application.
SECTION D – CERTIFICATION
The certification statement below must be signed as required in items 1, 2, 3 or 4 below:
1. By a responsible corporat e officer, if the User submitting the reports is a corporation. For the purpose of this section, a responsible corporate officer means:
a. a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any person who performs similar policy or decision-making functions for the corporation; or b. the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second- quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. By a general partner or proprietor, if the User submitting the reports is a partnership or sole proprietorship, respectively.
3. By the principal executive officer or director having responsibility for the overall operation of the discharging facility, i f the User submitting the reports is a Federal, State, or local governmental entity, or their agents.
4. By a duly authorized representative of the individual designated in item 1,2 or 3 of this section if:
a. the authorization is made in writing by the individual described in item 1,2, or b. the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or havi ng overall responsibility for environmental matters for the company; and
c. the written authorization is submitted to the Encina Wastewater Authority.
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on m y inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fines and imprisonment for knowing violations.”
SIGNATURE _____________________________________________ TITLE ___________________________________________
PRINT NAME ___________________________________________ DATE _____________________________________________ March 7, 2023
Item #5 Page 19 of 22
1 INDEMNITY AGREEMENT
THIS AGREEMENT is made on , by and between the MEMBER AGENCY DISTRICT OR CITY AND THE ENCINA WASTEWATER AUTHORITY (hereinafter "Licensors"), and _________________________________(hereinafter "Licensee"); Licensors and Licensee shall sometimes hereinafter be referred to as the "Parties".
R E C I T A L S
A. Licensors are the owner/operator of the sewer treatment plant located at 6200 Avenida Encinas in Carlsbad, California (the "Property") and the associated collection system;
B. Licensee now desires to discharge to the sanitary sewer syste m as described in the Special Use Discharge Application attached hereto and made a part hereof.
NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants, conditions and agreements hereinafter set forth, and other go od and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
1. Grant of License - Licensors hereby grant to Licensee, and its employees, representatives and contractors a non -exclusive license (h ereinafter the "License") to discharge to the sanitary sewer system as described in Recitals Paragraph B above. This License shall commence on ______________, and shall end on , unless the parties agree in writing to extend the term of the License. Prior to the expiration of the License, Licensee shall, at its sole cost and expense, (a) permanently close the connection to the sanitary sewer system and (b) remove all debris resulting from operations.
2. Compliance with Laws - Licensee shall conduct all operations, which are the subject of this License in compliance with all federal, state, and municipal statutes and ordinances, and with all regulations, orders, and directives of appropriate governmental agencies, as such statutes, ordinances, regulations, orders and directives now exist or provide.
3. Permits - Licensee, at no cost or expense to Licensors, shall be responsible for obtaining any and all governmental permits and approvals, which may be necessary for it to conduct any work or activities under this License Agreement.
4. Liens and Claims - Licensee will not permit any mechanics', vendor’s, or similar liens or claims to stand against the Licensors for labor or material furnished in connection with any work performed by Licensee under this License Agreement. Upon reasonable and timely notice o f any such lien or claim delivered to Licensee, Licensee may bond and contest the validity and the amount of such lien, but Licensee will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien or claim released at its sole expense.
5. Cooperation - Licensee agrees to coordinate its activities with Licensors to minimize any impairment of access by customers or business invitees of Licensors to the Property.
6. Indemnification - Licensee agrees that it wil l indemnify and hold Licensors, their officers, directors, agents and employees, harmless from and against any claims, demands, liens,
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Item #5 Page 20 of 22
2 actions, suits, ju dgments, losses, damages, attorney's fees, costs or expenses, and civil criminal or administrative penalties based upon or arising out of or claimed to have arisen out of alleged acts, errors or omissions of Licensee or its authorized contractors, employee s and agents in conducting the activities under this License Agreement, including the activities authorized under the Wastewater Discharge Permit issued by the Encina Wastewater Authority (EWA). This indemnification is expressly conditioned on the following:
(a) In the event Licensors identify any matter to which this indemnification may apply or receive a notice or claim from any third party of such matter, it shall immediately, and in every case within ninety (90) days of said notice or claim, notify Lic ensee in writing of such matter.
(b) Licensors shall cooperate with Licensee by allowing Licensee, its agents, representatives, contractors and consultants, prompt and ready access to the sanitary sewer system for the purpose of investigating any matter to which this indemnity may apply. Licensors shall provide Licensee with copies of all investigative reports, data or other information in any form which Licensors, its consultants, agents or attorneys may have pertaining to any such matter, on request of Licensee.
(c) Notwithstanding anything in this agreement to the contrary, in no event shall Licensee be liable for any special, indirect or consequential damages, including but not limited to claims for loss of use, rents, anticipated profit or business opportunity, or business interruption or mental or emotional distress or fear of injury or disease.
(d) This indemnification shall survive termination of this Agreement and expiration of the Permit and shall be effective until the expiration of any applicable statutes of limitations.
7. Compliance with Wastewater Discharge Permit - Licensee agrees to comply with the EWA Pretreatment Ordinance and the terms of the Wastewater Discharge Permit issued by the EWA. Licensee shall not add to the sanitary sewer any material not authorized under the Permit.
In the event Licensee adds any material to the sewer that causes a violation of EWA's NPDES Permits, as defined in the EWA Pretreatment Ordinance, Licensee shall indemnify Licensors in accordance with paragraph 6 above.
8. Severability - In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
9. Notices - Any notice provided for herein or otherwise required to be given hereunder shall be deemed received when personally served or three (3) days after mailing by certified or registered United States mail, return receipt requested, postage prepaid, or by facsimile machine, with transmission and receipt confirmed, or by nationally recognized overnight delivery service, addressed as follows:
To Licensors: Encina Wastewater Authority District or City 6200 Avenida Encinas Address
Carlsbad, California 92011
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Item #5 Page 21 of 22
3 To Licensee:
With Copies to:
The person and place to which notices are to be mailed may be changed by either party by providing written notice of same to the other.
10. Assignment Successors and Assigns - This Agreement may be assigned by either party and in and in such event shall b e binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns.
11. Entire Agreement - This License Agreement represents the full, complete and entire agreement between the parties with respect to the subject ma tter hereof, and the rights and remedies of the Parties shall be solely and exclusively those herein contained, and in lieu of any remedies otherwise available at law or in equity.
12. Governing Law - This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of California without reference to any choice of law, rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction.
13. Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this License Agreement by their duly authorized representative on the date first above written.
LICENSORS: LICENSEE:
DISTRICT OR CITY &
ENCINA WASTEWATER AUTHORITY
By: By:
Name: Name:
Title: Title:
Date: Date: _
March 7, 2023
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