INTERJURISDICTIONAL PRETREATMENT AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE
CITY OF CHULA VISTA
THIS AGREEMENT is entered into this~ day of_ bt~~~,1993, between the City of San Diego and the City of Chula Vista City") .
DEFINITIONS
Unless otherwise defined herein, terms relating to water and wastewater shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published bythe American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
The meaning of other various terms as used in this Agreementshall be as follows:
1. " Discharger" shall mean any person that discharges or causes a discharge of wastewater directly or indirectly toa publicsewer.
2. " Industrial User" is a discharger of industrial wastewater into a public sewer under a valid industrial wastewater permit.
3. " Industrial Wastewater" shall mean all wastewater, excludingdomestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional,
commercial, service, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewater.
4. " Inspector" shall mean a person authorized by the Water Utilities Director of the City of San Diego to inspectwastewater generation, conveyance, processing and disposalfacilities and do any required sampling.
5. " Pretreatment Facilities" shall mean treatment works used in the treatment of industrial wastewater prior to discharge of wastewater into a public sewer.
6. Sewage" is the used water supply of a
includes the domestic and industrial wastes,
surface runoff as may be mixed with it.
community which
groundwater and
7. " Sewerage" is a comprehensive term, including all construction and appurtenant equipment utilized in the collection,
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23 c:.a9.:.- 252
transportation, pumping, treatment and final disposal of sewage.
8. " Waste" shall mean wastewater and any and all other waste substances, liquid, solid, gaseous, , or radioactive. associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such wastes placed within
containers of whatever nature, prior to and for the purpose of disposal.
9. " Wastewater" shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
10. " Wastewater System or Facilities" shall mean any and all facilities used fqr collecting, conveying, pumping, treating and disposing of wastewater.
RECITALS
WHEREAS, the City of San Diego operates the Metropolitan Sewerage System; and
WHEREAS, the City currently utilizes this wastewater
treatment system pursuant to the Sewage Disposal Agreement between the City of San Diego and City dated February 8, 1961; and WHEREAS. the City of San Diego must develop and implementan industrial pretreatment program pursuant to conditions contained in its discharge permit ( Permit No. CA 0107409) issued by the Environmental Protection Agency ( EPA) and the California Water Quality Control Board; and
WHEREAS, City desires to continue to utilize the
wastewater treatment system and recognizes its industrial waste control obligations under 40 CFR 403.
In consideration of the following terms and conditions, the City of San Diego and City agree:
1. The City shall adopt and diligently' enforce an
ordinance which conforms to the minimum legal requirements contained in the Federal Pretreatment Regulations ( 40 CFR Part 403) and. which incorporates any other legal authorities' specifically mandated by this Agreement or otherwise necessary to implement procedures outlined in this Agreement or in the Federal Pretreatment Regulations.
2. The City shall explicitly incorporate the following
provisions into its ordinances:
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a. A provision
responsible for
into the sewer
the City of San
requiring any industrial user
a significant accidental discharge
system to notify immediately both
Diego and City;
b. A prohibition on the use ot" dilution as a control
technique for compliance with discharge limits
except as allowed by Federal Pretreatment
Standards:
c. Authority to impose mass discharge limits in lieu
or, or in conjunction with, concentration discharge
limits;
d. A prohibition against and penalty for the knowing
transmittal of false information by an industrial
user to either the City of San Diego or the City; .
e. Authority
monitoring
industrial
to require the installation
and pretreatment facilities
user when determined necessary.
of
by
all
the
3. The City of San Diego and City shall periodically ( at a minimum of every three years) review their respective ordinances and jointly draft and adopt equivalent amendments to their respective ordinances when necessary to ensure the effective administration and operation of the pretreatment program. Whenever City is notified by San Diego of a problem with the pretreatment program which can be mitigated by a change in the ordinance, it shall take prompt action to prepare and adopt an appropriate modification to the ordinance.
4. City shall adopt, as part of its ordinance, and
enforce specific discharge limits at least as stringent as the specific discharge limits established in the City of San Diego ordinance.
5. City' s ordinance shall require that categorical
pretreatment standards promulgated by the U. S. Environmental Protection Agency ( EPA) [ promulgated by authority of the Clean Water Act, Sections 307 ( b) and ( c) l be automatically incorporated by reference into the City ordinance. These standards shall supersede any specific discharge limits in the ordinance which are less stringent than the categorical standards as they apply to the particular industrial subcategory. City shall notify all affected industrial users of pertinent categorical standards and monitoring and reporting requirements contained in 40 CFR 403. 12 or included as part of the categorical standard.
6. City shall adopt in its ordinance a definition for
industrial wastewater" which is identical to the definition Interjurisdictional Pretreatment Agreement
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adopted by the City of San Diego. The City of San Diego may make a final determination as to whether a particular industrial user requires an Industrial Wastewater Discharge Permit based on information the City of San Diego may request from City in the form of an Industrial Waste Discharge Permit application. City shall control, through Industrial Waste Discharge Permits, industrial waste discharges into its sewers.
7. If there exists any industrial user not subject to an interjurisdictional pretreatment agreement discharging to City sewer system but located outside the jurisdictional limits of City, City shall enter into a contract with the industrial user which contains terms and conditions substantially equivalent to City' s industrial waste discharge permits.
8. City shall file with the City of San Diego a
certified copy of its, ordinance and any amendments thereto, other interjurisdictional pretreatment agreements, each industrial waste discharge permit issued and any contract entered into for the purposes of industrial waste control. City shall provide the City of San Diego access to and copies of, if requested, all industrial monitoring reports including 40 CFR 403. 12 compliance reports, self- monitoring reports, baseline reports, records of violations and actions taken and any other monitoring or reporting requirements imposed by Federal, State or local regulations. These records and other relevant information shall be maintained for at least three years.
9. Any inspector of the City of San Diego may enter and inspect at any reasonable time any part of the sewer system of City. The right of entry and inspection shall extend to public streets, easements and property within which the system is located.
Additionally, inspectors of the City of San Diego shall, be permitted, as appropriate, to enter onto private property to inspect industrial waste dischargers. City shall make all necessary legal and administrative arrangements for these inspections. The right of inspection shall include on- site inspection of pretreatment and sewer facilities, observation, measurement, sampling, testing and access to ( with the right to copy) all pertinent compliance records located on the premises of the industrial user. City reserves the right to be notified and to accompany City of San Diego representatives during any inspections herein described.
10. City and the City of San Diego may enter into a
service agreement providing the City of San Diego with the legal authority and responsibility for performance of technical and administrative activities necessary for implementation of a pretreatment program with City. These activities amy include, among others: 1) updating the industrial waste survey; 2) providing technical services, such as sampling, process chemical analysis and Interjurisdictional Pretreatment Agreement
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engineering advice; 3) permitting; 4) compliance monitoring; 5) enforcement support. Where services are provided by the City of San Diego, the City of San Diego, the City of San Diego shall assess City the costs incurred by the City of San Diego in conjunction with the administration of the pretreatment program on behalf of City. The City of San Diego shall provide City with a timely detailed accounting of the pretreatment costs assessed City.
11. To the extent City chooses to administer its own
pretreatment program, the City of San Diego may periodically review City' s pretreatment program activities and funding to ensure that City is adequately administering its pretreatment program in conformance with the Federal Pretreatment Regulations ( 40 CFR 403) and all the City of San Diego requirements. The City of San Diego shall review City' s ordinance and amendments thereto, and any interjurisdictional agreements for conformance with 40 CFR Part 403, and to ensure inclusion of all other legal provisions mandated by this Agreement. The City of San Diego shall periodically review the enforcement efforts of City to ascertain whether pretreatment requirements are being diligently enforced.
12. If the City of San Diego determines that the City
has filed or has refused to fulfill any of the pretreatment obligations as contained in paragraphs 1 through 9 of this Agreement, the City of San Diego shall request the City to propose a detailed plan and time schedule for the timely correction of the specified pretreatment deficiencies. If the proposed plan is not acceptable to the City of San Diego or, if a plan is not forthcoming within 30 days of the notice of specified pretreatment deficiencies, the City of San Diego may develop and issue a plan detailing the nature of the pretreatment deficiencies, the steps required to be taken by the City and a time schedule for attaining compliance with pretreatment requirements. Such. plans shall be subject to arbitration according to paragraph 17 of this Agreement and shall be specifically enforceable in a court of competent jurisdiction.
13. Where a discharge to the wastewater treatment system reasonably appears to present an imminent danger to the health and welfare of persons, or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the wastewater treatment system, the City of San Diego may immediately initiate steps to identify the source of the discharge, and to halt or prevent said discharge. The City of San Diego may seek injunctive relief against City or outside jurisdictions discharging to City sewer system and/ or any industrial user contributing to the emergency condition, and/ or may pursue other self- help remedies.
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14. Any disputes arising out of this Agreement shall be submitted to binding arbitration performed in accordance with the rules of the American Arbitration Association.
15. The terms of this Agreement may be amended only by
written agreement of the parties. In any event, this Agreement shall be reviewed and' revised, as necessary, at least every three years.
16. This Agreement modifies only those provisions of the existing Sewage Disposal Agreement of 1960 between the two parties which conflict with the terms of this Agreement.
17. If any section, subsection, sentence, clause, phrase or word of this Agreement, or the application thereof, to either party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the party, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this Agreement and each section, subsection, sentence,' clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to either party or any other person or circumstance be held invalid.
18. This agreement shall remain in effect only for so
long as sewage generated in or through Chula Vista is tributary to the City of San Diego' s sewer system and then only for such portion of Chula Vista that is so tributary.
IN WITNESS WHEREOF, this Agreement is executed by San Diego, acting by and through its City Manager, pursuant to Resolution No. authorizing such execution, and by City, acting by and through its Mayor, as authorized by the City Council to be in full force and effect as of the date first hereinafter written, and to remain in full force and effect so long as the aforementioned Sewage Disposal Agreement of 1960 remains in effect between San Diego and Chula Vista for transmission, treatment and disposal of Chula Vista' s sewage by San Diego through the Metro System, or until such time as this Agreement is cancelled by mutual written consent.
Dated this day of 1993.
THE CITY OF SAN DIEGO THE CITY OF CHULA VISTA
Assistant City Manager
Interjurisdictional Pretreatment
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Mayor
Ag:;; Lf!:~JI
21thg
Nov.
12, 1993