AGREEMENT FOR THE EQUIVALENT DWELLING UNIT ALLOCATION
FOR WING LEE FARMS, INC.
This AGREEMENT FOR THE EQUIVALENT DWELLING UNIT (EDU)
ALLOCATION FOR WING LEE FARMS, INC. (the "Agreement") is entered into this _ day of 2024 ("Effective Date") by and between the CITY OF CHINO ("City"), and INLAND EMPIRE UTILITIES AGENCY, a municipal water district ("IEUA"), and WING LEE FARMS, INC., a corporation duly formed and operating under the laws of the State of California, ("WLF").
RECITALS
A. WHEREAS, IEUA is a municipal water district organized and existing pursuant to Sections 71000 et seq. of the California Water Code and is authorized to provide wastewater treatment and operates the Regional Sewage System in the IEUA service area; and B. WHEREAS, IEUA, the City, and WLF shall be hereinafter referred to as a "Party" respectively, and as the "Parties" collectively.
C. WHEREAS, IEUA owns and operates regional water recycling plants and water reclamation facilities that are regulated by a National Pollutant Discharge Elimination System (NDES) permit issued by the Regional Water Quality Control Board, which is subject to numerical discharge limitations and requirements; and
D. WHEREAS, IEUA's NDES permit specifically requires the implementation of pretreatment regulations in all jurisdictions tributary to these regional plants; and E. WHEREAS, the IEUA Regional Sewage System is regulated by the Regional Sewage Service Contract (dated November 1, 2023) and IEUA Ordinance No. 114 or successors thereto; and
F. WHEREAS, the Regional Sewage Service Contract (dated November 1, 2023) and IEUA Ordinance No. 114 requires a Sewer User Charge (hereinafter referred to as the "Charge"), per Regional Sewer Capacity unit, which is charged by IEUA for new and existing connections to the City's public local sewer collection system ("Community Sewer System") that place a capacity demand on the IEUA Regional Sewage System. As a sewer collection agency of IEUA, the City collects the Charge on behalf of IEUA; and
G. WHEREAS, the Regional Sewer Capacity unit, defined as an Equivalent Dwelling Unit (EDU), is calculated based on the regional document known as Exhibit "J", a copy of which is attached to this Agreement, which was adopted by the IEUA Board of Directors under Resolution No. 2022-12-4; and
H. WHEREAS, the City is a general law city located within the County of San Bernardino, State of California and operates the Community Sewer System; and I. WHEREAS, the City's municipal code sets forth the conditions that must be met to connect to the Community Sewer System and to initiate sewer service; and J. WHEREAS, the City's municipal code requires new and existing connections to pay certain fees as a condition to connection and use of the Community Sewer System including a Sewer Development System Fee (SDSF); and
WHEREAS, WLF is connected to both the Community Sewer System and the IEUA Regional Sewage System for sewer service to WLF's property located at 13625 Yorba Avenue, Chino, CA 91710, ("Property"); and
L. WHEREAS, WLF has been in operation at the current location since January 6, 2006 and there has been record of wastewater discharge from this site from previous slaughter house operating tenants dating back to the 1960s. A dispute has arisen between the Parties with respect to the actual number of EDUs currently available for use by WLF; and M. WHEREAS, WLF was issued an industrial discharge permit that currently limits WLF's wastewater discharge to 37,000 Gallons per Day; and N. WHEREAS, WLF has documented purchase of 4.89 EDUs according to City's and IEUA's records; and
O. WHEREAS, IEUA and the City have identified that WLF currently discharges to the Community Sewer System and Regional Sewage System in excess of the owned Regional Sewer Capacity; and
WHEREAS, pursuant to the terms of this Agreement, IEUA, City and WLF wish to resolve the actual number of EDUs authorized for use by WLF. 2 NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual covenants hereinafter contained, the parties agree as follows:
1. EDU Allocation The IEUA Board of Directors on January 15, 2020 agreed to allocate WLF a total of 401.754 EDUs. The EDU allocation included the 4.89 EDUs that are documented and 396.864 EDUs ("EDU Allocation") based on historical wastewater discharge data. The EDUs are calculated based on the regional document known as Exhibit "J." The EDU Allocation is tied to the property or existing building per Note E of Exhibit "J" shown on Attachment 1. WLF acknowledges and hereby agrees to said EDU Allocation. WLF shall pay the Charge and City's Sanitary Sewer Service Charge per Chino Municipal Code section 13.16.040, as may be amended, based on the EDU Allocation. The EDU Allocation shall be considered an existing connection and WLE shall not be required to pay connection fees, including SDS or any IEUA connection fees for the EDU Allocation.
2. Demonstration Period and Wastewater Monitoring Period (a) Demonstration Period Per the Flow Justification submission by WLF (dated August 5, 2024), the Parties agree that WLF has demonstrated the performance of the currently installed upgraded pretreatment system.
(b) Wastewater Monitoring Period Upon the Effective Date of this agreement, WLF shall be caused to be performed 3 months' worth of wastewater monitoring at the Property ("Wastewater Monitoring Period") to obtain at least once weekly representative wastewater monitoring data for the following parameters: Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) (collectively, "Monitoring Data"). The sampling during the Wastewater Monitoring Period shall be representative of the daily operations of WLF, best management practices for the upgraded pretreatment system as described in Section 2(a), and obtained in accordance with the conditions of WLF's discharge permit from the legal monitoring location. (c) Submittal of Monitoring Data WLF shall submit the results of the Monitoring Data to IEUA and the City within 5 days of receipt of lab reports. (d) Extension of Wastewater Monitoring Period If WLF wishes to extend the Wastewater Monitoring Period, WLF shall submit a formal request to IEUA and the City. Any consideration of an extension of the Wastewater Monitoring Period shall be at the sole discretion of IEUA and the City.
(e) Monthly Sewer Fee Determination During the Wastewater Monitoring Period, any Monitoring Data derived pursuant to monitoring described in 2(b) of this Agreement shall be used to update monthly sewer billing when available as appropriate.
3. Reconciliation of EDUS
(a) Evaluation of EDUs Upon completion of the Wastewater Monitoring Period, or authorized extension thereof, IEUA and the City shall consider the Monitoring Data obtained by WLF. To the extent WLF believes any data is not representative of conditions at the facility, WLF shall identify this data and provide an explanation to IEU and the City for their consideration.
The calculation and evaluation of the EDUs shall be consistent with the provisions of Exhibit J.
Upon completion of the evaluation by IEUA and the City, a meeting to discuss and finalize the results of the evaluation shall be scheduled with WLF.
(b) Requirement for additional EDU purchase WLF shall be required to purchase additional EDUs or scale back production and reduce discharge should the evaluation described in Section 3(a) determine that the EDU Allocation in Section 1 are insufficient. If WLF elects to purchase additional EDUs, the City shall coordinate the purchase of additional EDUs with WLF per the conditions of the Regional Sewage Service Contract (dated November 1, 2023) or IEUA Ordinance No. 114.
(c) Consideration of Additional Reconciliation or Evaluation of EDU Upon completion of the process described in Section 3(a) and (b), all future EDU evaluations for the WLF site shall be handled outside of this Agreement per the conditions of the Regional Sewage Service Contract (dated November 1, 2023) or IEUA Ordinance No. 114.
4. Indemnification Each party agrees to protect, defend, indemnify and hold harmless the other party and its officers, directors, agents, and employees free and harmless from any and all claims, liabilities, losses, costs, expenses, damages or injuries to property or persons, including wrongful death, in any manner arising out of or incident to any acts, conducted by the indemnifying party, its employees, agents, and representatives arising out of or in connection with this Agreement whether or not there is concurrent, passive or active negligence on the part of the other parties.
5. Term The term of this Agreement shall commence upon the date when the last party signs this Agreement, and entered as the Effective Date above, and shall remain in effect in accordance with Exhibit J of the Regional Sewage Service Contract (dated November 1, 2023).
6. Notices All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective parties may provide in writing for this purpose:
CITY OF CHINO WING LEE FARMS, INC.
13220 Central Avenue 13625 Yorba Avenue
Chino, CA 91710 Chino, CA 91710
Attn: City Manager Attn: Vi Tang
INLAND EMPIRE UTILITIES AGENCY
6076 Kimball Avenue
Chino, CA 91710
Attn: General Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, certified mail, return receipt requested, to the party at its applicable address.
7. Entire Agreement; Amendment. This Agreement contains the entire agreement of the parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by all parties in writing.
8. Consent to Breach Not Waiver No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing to the other party. Any waiver or consent by any of the Parties for a breach by the other, whether expressed or implied, shall not constitute a waiver, consent or excuse for any other existing or subsequent breach.
9. Invalidity and Severability If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10. Governing Law This Agreement shall be governed by the laws of the State of California.
5 11. Authority to Enter into Agreement IEUA, the City, and WLF warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective party.
12. Attorneys' Fees. In the event any action is commenced to enforce or interpret any term or condition of this Agreement, in addition to costs and any other relief, the prevailing party shall be entitled to its reasonable attorneys' fees, expert fees and other reasonable costs of defense.
13. Incorporation of Recitals. The Recitals are incorporated herein and made an operative part of this Agreement.
14. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
CITY OF CHINO WING LEE FARMS, INC.
By: By:
Linda Reich Vi Tang
City Manager Wing Led Farms, Inc.
INLAND EMPIRE UTILITIES AGENCY
By: "Stings lotull
Shivaji Deshmukh, P.E.
General Manager
6 (Adopted 4/12/84)
(Amended 12/7/94)
(Amended 3/2/05)
(Amended 6/19/13)
EXHIBIT "J"
EQUIVALENT DWELLING UNIT COMPUTATIONS
GENERAL
Equivalent Dwelling Unit (EDU) is a numerical value designation where one EDU represents the sewage flow from a single family residential household. For the purposes of computing uniform financial obligations for each Contracting Agency using the Regional Sewerage System, the following computations shall be used to determine EDU's for residential, commercial, and industrial units:
Residential. Each structure or part of a structure which is designed for the purpose of providing permanent housing for one family or tenant shall be one EDU. This includes, but is not limited to, a single family detached residence, an apartment, a townhouse, a condominium, a mobile home or trailer space.
2. Commercial. All structures designed for the purpose of providing permanent housing for enterprises engaged in exchange of goods and services. This shall include, but not be limited to, all private business and service establishments, schools, churches, and public facilities. EDU's shall be determined by multiplying the fixture units (as defined by Table 1) shown on the approved building plans, by the appropriate sewage factor from the following Table 2 (also see Note A). Total EDU's for commercial centers for various use categories will be the sum of the EDU's computed for each category of use. For example, hotel complexes that contain restaurants, pools, health clubs, or laundry facilities should be calculated based on the individual uses in the hotel complex with the fee based on the sum of the EDU's computed for each category of use.
Industrial. All structures designed for the purpose of providing permanent housing for an enterprise engaged in the production, manufacturing, or processing of material. EDU's for industrial users shall be determined as follows:
For domestic type wastewater, multiply the fixture units (as defined by Table 1) shown on the approved building plans by a sewage factor of 0.0741, based on a 20 gallons per fixture unit flow per day.
For non-domestic wastewater; compute from information
contained on the industrial waste permit, using the following formula:
Estimated non- domestic flow " 1.37+.31 BOD
EDU= - t.32
270 230
Combine the resultant EDU's derived from a and b above.
NOTES:
A. Sewage Factor is derived from the formula
BOD SS
SF = K1.37 + .31 - + .32
230 220
Where: SF = Sewage Factor
= Gallons per fixture unit divided by the average
domestic household flow of 270 gallons
BOD - Biochemical Oxygen Demand
SS = Suspended solids
B. Reimbursement Fees to be levied on Pre-1979 Structures Connecting to the Regional System
For residential structures with a building permit issued prior to July 1, 1979, no Capital Capacity Reimbursement Account (CCRA) fees will be levied at the time of connection to the regional system. If the original permit was issued after 7/1/79, then the CCRA fees established at the time of permit issuance will apply.
The CURA tees will apply to all commercial and industrial development regardless of when the structure was constructed. When a non-residential use requests to connect to the regional system or modify its use if already connected, the CCRA fee should be based on the current fee in effect at the time the connection or modified use is made (also see Note C).
C. Reimbursement Fees to be Levied on Existing System Users Who Expand or Revise Use
In some situations existing commercial and industrial users will expand uses to meet increasing demands. As a result, additional fixture units will usually be included within the expanded facility. Under these situations the following criteria will apply:
a. CCRA fees will only be levied on the fixture unit (FU) count difference between existing FU's and new FU's.
b. The CCRA fee will be determined based on the fee in effect at the time of building or sewer permit issuance for the expanding development. c. A change in use, placing a commercial development in a different Exhibit "J" category, will not result in the recalculation of CCRA obligation for the existing FU's. Only the new added FU's will be levied CCRA fees based on the Exhibit "J" category which best defines the proposed use.
D. Collection and Reporting of CCRA Fees
CCRA fees shall be reported at no later than at the time of occupancy.
CCRA fees shall be based on the EDU rate (as established by the EDU resolution adopted by the IEUA Board of Directors) in effect at the time of payment. For example, if CCRA fees are reported in the July report, any connection fees changes effective July 1, would be in effect.
E. Attachment of Sewer Use Rights; Tied to Property or Structure Under certain situations an existing discharger may want to relocate or renovate a business. The issue may then arise as to ownership of certain existing discharge rights in the regional system.
All sewer capacity remains with the existing building and should be sold to building owners rather than tenants.
In cases where an existing building is completely demolished, the transfer or reuse of capacity rights can be permitted provided that:
a. Proof of building demolition can be documented;
b. Payment for original system capacity can be documented; c. The demolition occurs simultaneously with the transfer; and d. The transfer occurs within the Contracting Agency who originally sold the capacity.
Capacity rights would be determined based on fixture unit counts and the Exhibit "J" use category of the demolished structure. Because local collectior systems may also be impacted by a relocation, this exception shall be at the sole discretion of the contracting agency who is accepting the relocated capacity.
Any additional EDUs required shall be purchased per Note C of this Exhibit.
TABLE 1 - Fixture Unit (FU) Values!?
Fixture
Appliances, Appurtenances or Fixtures
Units
Bathtub or Combination Bath/Shower 2.0
Clothes Washer, domestic, standpipe 3.0
High Efficiency Clothes Washer 2.0
Dental Unit, cuspidor 1.0
Dishwasher with independent drain 2.0
Drinking Fountain or Water Cooler 0.5
Food Waste Grinder (Commercial) 3.0
Floor Drain, Emergency 0.0
Floor Drain 2.0
Shower, single-head trap 2.0
Multi-head, each additional 1.0
Lavatory, single 1.0
Lavatory, In sets of two or three 2.0
Washfountain (1.5-in Minimum Fixture Branch Size) 2.0
Washfountain (2-in Minimum Fixture Branch Size) 3.0
Receptor, indirect waste
Bar 2.0
Clinical 6.0
Commercial with food waste (1.5-in Minimum Fixture Branch Size) 3.0 Commercial with food waste (2-in Minimum Fixture Branch Size) 4.0 Commercial with food waste (3-in Minimum Fixture Branch Size) 6.0 Kitchen, domestic (with or without food-waste grinder and/or dishwasher) 2.0 Laundry (with or without discharge from a clothes washer) 2.0 Service or Mop Basin 3.0
Service, flushing rim 6.0
Wash, each set of facets 2.0
Urinal 2.0
Waterless Urinal 1.0
Water Closet, 1.6 GPF 4.0
Water Closet, greater than 1.6 GPF 6.0
TABLE 1(a) - Discharge Capacity in Gallons per Minute for Intermittent Flow Only!,3 Gallons per Minute Fixture Units
Up to 7.5
Greater than 7.5 to 15 2
Greater than 15 to 30 4
Greater than 30 to 50 6
TABLE 1(b) - Maximum Fixture Units for a Trap and Trap Arm! 3 Size of Trap and Trap Arm (inches) Fixture Units
1.25 1
3 4
Footnotes:
1. Tables 1. 1(a), 1(b) are based on the 2010 California Plumbing Code
2. Additional information regarding definitions and plan checking are defined by latest Exhibit J - Table 1 Guideline.
3. Indirect waste receptors shall be sized based on the total drainage capacity of the fixtures that drain therein to, in accordance with Table 1(a). Maximum fixture units for a fixture trap and trap arm loadings for sizes up to 4 inches shall be in accordance with Table 1(b).
TABLE 2'
Category Type of Commercial Typical Descriptions of Establishment Gal/ BOD/TSS Sewage Factor Fixture (see Note A)
Establishment typically engaged in short-term lodging and may offer food Motel/ Hotel and beverage, recreation, conference/convention room, laundry, and parking services.
Recreation/Amusement Recreational and amusement services and attractions Establishments where patrons order or select items and typically pay before Restaurant (Fast Food) eating. Serves food on trays with disposable dishware, has an available drive- thru service, and does not use a dishwasher.
Retail Store Establishment typically engaged in providing retail goods for purchase 12 230/220 0.0444
Office Establishment where business or services are supplied.
Market (without Establishments typically retailing a general line of food, such as canned and Butcher Shop frozen foods, fresh fruits and vegetables. Establishment does not process (cut) meat, poultry, or seafood.
Bar/Tavern Establishment typically engaged in preparing and serving alcohol beverages for immediate consumption. May also provide limited food services.
Category Type of Commercial Typical Descriptions of Establishment Gal/ BOD/TSS Sewage Factor Fixture (see Note A)
Market (with Butcher Establishments typically retailing a general line of food, such as canned and Shop) frozen foods, fresh fruits and vegetables. Establishment does process (cut) meat, poultry, or seafood.
Establishment typically manufacturing fresh and frozen bread and bread-type II Bakery roll products, cookies, crackers, doughnuts, pastries, pies, ice cream cones, 24 250/350 0.1081 and etc. May include commercial and storefront bakeries.
Mortuary Establishments typically preparing the dead for burial or internment and conducting funerals. May include crematories.
Establishments providing inpatient nursing and rehabilitative serves. The Convalescent Home care is typically provided for an extended period of time to individuals requiring nursing care. May include nursing homes, Inpatient care hospices, rest homes with nursing care, etc.
Establishments typically known and licensed as general medical and surgical Hospital Impatients with any wide variety of medical onetic and medical treatment to 42 250/300 0.1780
Establishments typically operating fitness and recreation sports facilities Health Spa with Pool featuring exercise and other active physical conditioning. Must have a pool.
May include physical fitness centers with pools, gyms with pools, day spas Establishments typically providing food services where patrons order and are Restaurant (Full served while seated and typically pay after eating. May serve food on non- Service) disposable dishware, operates dishwashing equipment, has waiter/waitresses and includes buffets.
Category Type of Commercial Typical Descriptions of Establishment Gal/ BOD/TSS Sewage Factor Fixture (see Note A)
Establishment typically operating coin-operated or similar self-service Laundry (Laundromat) laundry equipment for customer use on premises. Laundries or Laundromats classified under this category are for non-water efficient washing machines. 43 350/500 0.2499
Establishment typically engaged in laundering services, and specialty Dry Cleaner cleaning services for garments and other textile items on the premises using (Processor) solvents other than water. Drop off and pickup sites that do not perform cleaning services are classified under Category I.
Car Wash (Coin Establishments typically engaged in the cleaning and/or washing of Operated) automotive vehicles. Consists power washing spray wand car washes. 102 150/500 0.4910 (See Footnote 1)
Church Establishments typically engaged in operating religious organizations. May include monasteries, temples, mosques, synagogues, places of worship.
Establishments typically engaged in furnishing academic courses and VI School associated coursework. May include universities (public/private). junior 17 230/220 0.0630 colleges (public/private), vocational schools.
Establishments typically operated by the local city or other government Public Facility entities. May include government offices, community centers, fire/police stations, parks, city facilities, court houses, etc.
Category Type of Commercial Typical Descriptions of Establishment Gal/ BOD/TSS Sewage Factor Fixture (see Note A)
Establishments typically operating fitness and recreation sports facilities Health Spa without featuring exercise and other active physical conditioning. Must not have a Pool pool. May include physical fitness centers with pools, gyms without pools, day spas without pools, etc.
VII 42 230/220 0.1555
Establishment typically operating facilities with coin-operated or similar self- Laundromat service laundry equipment for customer use on premises. Laundries or Laundromats classified under this category are for high efficiency front loading washing machines.
Footnotes:
1. Non-coin operated car washes may be treated as an industrial user.