Crescent City City Council
March 7, 2022

and Cal OES is duplicative. To address this, the SSO notification requirements added by the February 20, 2008 MRP revision are being removed in this MRP revision.

In the February 28, 2008 Memorandum of Agreement between the State Water Board and the California Water and Environment Association (CWEA), the State Water Board committed to redesigning the CIWQS3 Online SSO Database to allow “event” based SSO reporting versus the original “location” based reporting. Revisions to this MRP and accompanying changes to the CIWQS Online SSO Database will implement this change by allowing for multiple SSO appearance points to be associated with each SSO event caused by a single asset failure.

Based on stakeholder input and Water Board staff experience implementing the SSO Reduction Program, SSO categories have been revised in this MRP. In the prior version of the MRP, SSOs have been categorized as Category 1 or Category 2. This MRP implements changes to SSO categories by adding a Category 3 SSO type. This change will improve data management to further assist Water Board staff with evaluation of high threat and low threat SSOs by placing them in unique categories (i.e., Category 1 and Category 3, respectively). This change will also assist enrollees in identifying SSOs that require Cal OES notification.

10. Based on over six years of implementation of the SSS WDRs, the State Water Board concludes that the February 20, 2008 MRP must be updated to better advance the SSO Reduction Program4 objectives, assess compliance, and enforce the requirements of the SSS WDRs.

8. 9.

IT IS HEREBY ORDERED THAT:

Pursuant to the authority delegated by Water Code section 13267(f), Resolution 2002-0104, and Order 2006-0003-DWQ, the MRP for the SSS WDRs (Order 2006-0003-DWQ) is hereby amended as shown in Attachment A and shall be effective on September 9, 2013.

Date
n>
Thomas Howard— Executive Director
3 California Integrated Water Quality System (CIWQS) publicly available at http://www.waterboards.ca.qov/ciwas/DublicreDorts.shtml 4 Statewide Sanitary Sewer Overflow Reduction Program information is available at:
http://www.waterboards.ca.aov/water issues/proarams/sso/

ATTACHMENT A

STATE WATER RESOURCES CONTROL BOARD
ORDER NO. WQ 2013-0058-EXEC

AMENDING MONITORING AND REPORTING PROGRAM
FOR

STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR

SANITARY SEWER SYSTEMS
This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order 2006-0003-DWQ, “Statewide General Waste Discharge Requirements for Sanitary Sewer Systems” (SSS WDRs). This MRP shall be effective from September 9, 2013 until it is rescinded. The Executive Director may make revisions to this MRP at any time. These revisions may include a reduction or increase in the monitoring and reporting requirements. All site specific records and data developed pursuant to the SSS WDRs and this MRP shall be complete, accurate, and justified by evidence maintained by the enrollee. Failure to comply with this MRP may subject an enrollee to civil liabilities of up to $5,000 a day per violation pursuant to Water Code section 13350; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement. The State Water Resources Control Board (State Water Board) reserves the right to take any further enforcement action authorized by law.

A. SUMMARY OF MRP REQUIREMENTS
Table 1 – Spill Categories and Definitions
CATEGORIES DEFINITIONS [see Section A on page 5 of Order 2006-0003-DWQ, for Sanitary Sewer Overflow (SSO) definition]
CATEGORY 1 Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:

 Reach surface water and/or reach a drainage channel tributary to a surface water; or
 Reach a Municipal Separate Storm Sewer System (MS4) and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the MS4 is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or groundwater infiltration basin (e.g., infiltration pit, percolation pond).

CATEGORY 2 Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a MS4 unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly.

CATEGORY 3 All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.

PRIVATE LATERAL
SEWAGE

DISCHARGE (PLSD)
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sewer assets. PLSDs that the enrollee becomes aware of may be voluntarily reported to the California Integrated Water Quality System (CIWQS) Online SSO Database.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 2 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems Table 2 – Notification, Reporting, Monitoring, and Record Keeping Requirements

ELEMENT REQUIREMENT METHOD

NOTIFICATION
(see section B of
MRP)
 Within two hours of becoming aware of any
Category 1 SSO greater than or equal to
1,000 gallons discharged to surface water or
spilled in a location where it probably will be
discharged to surface water, notify the
California Office of Emergency Services (Cal
OES) and obtain a notification control number.

Call Cal OES at:
(800) 852-7550

REPORTING
(see section C of
MRP)
 Category 1 SSO: Submit draft report within three
business days of becoming aware of the SSO and
certify within 15 calendar days of SSO end date.
 Category 2 SSO: Submit draft report within 3
business days of becoming aware of the SSO and
certify within 15 calendar days of the SSO end
date.
 Category 3 SSO: Submit certified report within
30 calendar days of the end of month in which
SSO the occurred.
 SSO Technical Report: Submit within 45
calendar days after the end date of any Category
1 SSO in which 50,000 gallons or greater are
spilled to surface waters.
 “No Spill” Certification: Certify that no SSOs
occurred within 30 calendar days of the end of the
month or, if reporting quarterly, the quarter in
which no SSOs occurred.
 Collection System Questionnaire: Update and
certify every 12 months.

Enter data into the CIWQS Online
SSO Database
(http://ciwqs.waterboards.ca.gov/),
certified by enrollee’s Legally
Responsible Official(s).

WATER

QUALITY

MONITORING
(see section D of
MRP)
 Conduct water quality sampling within 48 hours
after initial SSO notification for Category 1 SSOs
in which 50,000 gallons or greater are spilled to
surface waters.

Water quality results are required
to be uploaded into CIWQS for
Category 1 SSOs in which 50,000
gallons or greater are spilled to
surface waters.

RECORD

KEEPING
(see section E of
MRP)
 SSO event records.
 Records documenting Sanitary Sewer
Management Plan (SSMP) implementation and
changes/updates to the SSMP.
 Records to document Water Quality Monitoring
for SSOs of 50,000 gallons or greater spilled to
surface waters.
 Collection system telemetry records if relied upon
to document and/or estimate SSO Volume.

Self-maintained records shall be
available during inspections or
upon request.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 3 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems B. NOTIFICATION REQUIREMENTS
Although Regional Water Quality Control Boards (Regional Water Boards) and the State Water Board (collectively, the Water Boards) staff do not have duties as first responders, this MRP is an appropriate mechanism to ensure that the agencies that have first responder duties are notified in a timely manner in order to protect public health and beneficial uses.

1. For any Category 1 SSO greater than or equal to 1,000 gallons that results in a discharge to a surface water or spilled in a location where it probably will be discharged to surface water, either directly or by way of a drainage channel or MS4, the enrollee shall, as soon as possible, but not later than two (2) hours after (A) the enrollee has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, notify the Cal OES and obtain a notification control number.

2. To satisfy notification requirements for each applicable SSO, the enrollee shall provide the information requested by Cal OES before receiving a control number. Spill information requested by Cal OES may include:
i. Name of person notifying Cal OES and direct return phone number. ii. Estimated SSO volume discharged (gallons).
iii. If ongoing, estimated SSO discharge rate (gallons per minute). iv. SSO Incident Description:
a. Brief narrative.
b. On-scene point of contact for additional information (name and cell phone number). c. Date and time enrollee became aware of the SSO.
d. Name of sanitary sewer system agency causing the SSO. e. SSO cause (if known).
v. Indication of whether the SSO has been contained.
vi. Indication of whether surface water is impacted.
vii. Name of surface water impacted by the SSO, if applicable. viii. Indication of whether a drinking water supply is or may be impacted by the SSO. ix. Any other known SSO impacts.
x. SSO incident location (address, city, state, and zip code).

3. Following the initial notification to Cal OES and until such time that an enrollee certifies the SSO report in the CIWQS Online SSO Database, the enrollee shall provide updates to Cal OES regarding substantial changes to the estimated volume of untreated or partially treated sewage discharged and any substantial change(s) to known impact(s).

4. PLSDs: The enrollee is strongly encouraged to notify Cal OES of discharges greater than or equal to 1,000 gallons of untreated or partially treated wastewater that result or may result in a discharge to surface water resulting from failures or flow conditions within a privately owned sewer lateral or from other private sewer asset(s) if the enrollee becomes aware of the PLSD.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 4 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems C. REPORTING REQUIREMENTS

1. CIWQS Online SSO Database Account: All enrollees shall obtain a CIWQS Online SSO Database account and receive a “Username” and “Password” by registering through CIWQS.

These accounts allow controlled and secure entry into the CIWQS Online SSO Database.

2. SSO Mandatory Reporting Information: For reporting purposes, if one SSO event results in multiple appearance points in a sewer system asset, the enrollee shall complete one SSO report in the CIWQS Online SSO Database which includes the GPS coordinates for the location of the SSO appearance point closest to the failure point, blockage or location of the flow condition that caused the SSO, and provide descriptions of the locations of all other discharge points associated with the SSO event.

3. SSO Categories
i. Category 1 – Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:
a. Reach surface water and/or reach a drainage channel tributary to a surface water; or b. Reach a MS4 and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the MS4 is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or groundwater infiltration basin (e.g., infiltration pit, percolation pond).
ii. Category 2 – Discharges of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from an enrollee’s sanitary sewer system failure or flow condition that does not reach a surface water, a drainage channel, or the MS4 unless the entire SSO volume discharged to the storm drain system is fully recovered and disposed of properly.
iii. Category 3 – All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.

4. Sanitary Sewer Overflow Reporting to CIWQS - Timeframes i. Category 1 and Category 2 SSOs – All SSOs that meet the above criteria for Category 1 or Category 2 SSOs shall be reported to the CIWQS Online SSO Database:
a. Draft reports for Category 1 and Category 2 SSOs shall be submitted to the CIWQS Online SSO Database within three (3) business days of the enrollee becoming aware of the SSO. Minimum information that shall be reported in a draft Category 1 SSO report shall include all information identified in section 8.i.a. below. Minimum information that shall be reported in a Category 2 SSO draft report shall include all information identified in section 8.i.c below.
b. A final Category 1 or Category 2 SSO report shall be certified through the CIWQS Online SSO Database within 15 calendar days of the end date of the SSO. Minimum information that shall be certified in the final Category 1 SSO report shall include all information identified in section 8.i.b below. Minimum information that shall be certified in a final Category 2 SSO report shall include all information identified in section 8.i.d below.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 5 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems ii. Category 3 SSOs – All SSOs that meet the above criteria for Category 3 SSOs shall be reported to the CIWQS Online SSO Database and certified within 30 calendar days after the end of the calendar month in which the SSO occurs (e.g., all Category 3 SSOs occurring in the month of February shall be entered into the database and certified by March 30). Minimum information that shall be certified in a final Category 3 SSO report shall include all information identified in section 8.i.e below. iii. “No Spill” Certification – If there are no SSOs during the calendar month, the enrollee shall either 1) certify, within 30 calendar days after the end of each calendar month, a “No Spill” certification statement in the CIWQS Online SSO Database certifying that there were no SSOs for the designated month, or 2) certify, quarterly within 30 calendar days after the end of each quarter, “No Spill” certification statements in the CIWQS Online SSO Database certifying that there were no SSOs for each month in the quarter being reported on. For quarterly reporting, the quarters are Q1 - January/ February/ March, Q2 - April/May/June, Q3 - July/August/September, and Q4 - October/November/December.

If there are no SSOs during a calendar month but the enrollee reported a PLSD, the enrollee shall still certify a “No Spill” certification statement for that month. iv. Amended SSO Reports – The enrollee may update or add additional information to a certified SSO report within 120 calendar days after the SSO end date by amending the report or by adding an attachment to the SSO report in the CIWQS Online SSO Database.

SSO reports certified in the CIWQS Online SSO Database prior to the adoption date of this MRP may only be amended up to 120 days after the effective date of this MRP. After 120 days, the enrollee may contact the SSO Program Manager to request to amend an SSO report if the enrollee also submits justification for why the additional information was not available prior to the end of the 120 days.

5. SSO Technical Report
The enrollee shall submit an SSO Technical Report in the CIWQS Online SSO Database within 45 calendar days of the SSO end date for any SSO in which 50,000 gallons or greater are spilled to surface waters. This report, which does not preclude the Water Boards from requiring more detailed analyses if requested, shall include at a minimum, the following:
i. Causes and Circumstances of the SSO:
a. Complete and detailed explanation of how and when the SSO was discovered. b. Diagram showing the SSO failure point, appearance point(s), and final destination(s). c. Detailed description of the methodology employed and available data used to calculate the volume of the SSO and, if applicable, the SSO volume recovered. d. Detailed description of the cause(s) of the SSO.
e. Copies of original field crew records used to document the SSO. f. Historical maintenance records for the failure location. ii. Enrollee’s Response to SSO:
a. Chronological narrative description of all actions taken by enrollee to terminate the spill.
b. Explanation of how the SSMP Overflow Emergency Response plan was implemented to respond to and mitigate the SSO.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 6 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems c. Final corrective action(s) completed and/or planned to be completed, including a schedule for actions not yet completed.
iii. Water Quality Monitoring:
a. Description of all water quality sampling activities conducted including analytical results and evaluation of the results.
b. Detailed location map illustrating all water quality sampling points.

6. PLSDs
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sanitary sewer system assets may be voluntarily reported to the CIWQS Online SSO Database.
i. The enrollee is also encouraged to provide notification to Cal OES per section B above when a PLSD greater than or equal to 1,000 gallons has or may result in a discharge to surface water. For any PLSD greater than or equal to 1,000 gallons regardless of the spill destination, the enrollee is also encouraged to file a spill report as required by Health and Safety Code section 5410 et. seq. and Water Code section 13271, or notify the responsible party that notification and reporting should be completed as specified above and required by State law.
ii. If a PLSD is recorded in the CIWQS Online SSO Database, the enrollee must identify the sewage discharge as occurring and caused by a private sanitary sewer system asset and should identify a responsible party (other than the enrollee), if known. Certification of PLSD reports by enrollees is not required.

7. CIWQS Online SSO Database Unavailability
In the event that the CIWQS Online SSO Database is not available, the enrollee must fax or e-mail all required information to the appropriate Regional Water Board office in accordance with the time schedules identified herein. In such event, the enrollee must also enter all required information into the CIWQS Online SSO Database when the database becomes available.

8. Mandatory Information to be Included in CIWQS Online SSO Reporting All enrollees shall obtain a CIWQS Online SSO Database account and receive a “Username” and “Password” by registering through CIWQS which can be reached at [email protected] or by calling (866) 792-4977, M-F, 8 A.M. to 5 P.M. These accounts will allow controlled and secure entry into the CIWQS Online SSO Database.

Additionally, within thirty (30) days of initial enrollment and prior to recording SSOs into the CIWQS Online SSO Database, all enrollees must complete a Collection System Questionnaire (Questionnaire). The Questionnaire shall be updated at least once every 12 months.
i. SSO Reports
At a minimum, the following mandatory information shall be reported prior to finalizing and certifying an SSO report for each category of SSO:

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 7 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems a. Draft Category 1 SSOs: At a minimum, the following mandatory information shall be reported for a draft Category 1 SSO report:

1. SSO Contact Information: Name and telephone number of enrollee contact person who can answer specific questions about the SSO being reported.

2. SSO Location Name.

3. Location of the overflow event (SSO) by entering GPS coordinates. If a single overflow event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the SSO appearance point explanation field.

4. Whether or not the SSO reached surface water, a drainage channel, or entered and was discharged from a drainage structure.

5. Whether or not the SSO reached a municipal separate storm drain system.

6. Whether or not the total SSO volume that reached a municipal separate storm drain system was fully recovered.

7. Estimate of the SSO volume, inclusive of all discharge point(s).

8. Estimate of the SSO volume that reached surface water, a drainage channel, or was not recovered from a storm drain.

9. Estimate of the SSO volume recovered (if applicable).

10. Number of SSO appearance point(s).

11. Description and location of SSO appearance point(s). If a single sanitary sewer system failure results in multiple SSO appearance points, each appearance point must be described.

12. SSO start date and time.

13. Date and time the enrollee was notified of, or self-discovered, the SSO.

14. Estimated operator arrival time.

15. For spills greater than or equal to 1,000 gallons, the date and time Cal OES was called.

16. For spills greater than or equal to 1,000 gallons, the Cal OES control number. b. Certified Category 1 SSOs: At a minimum, the following mandatory information shall be reported for a certified Category 1 SSO report, in addition to all fields in section

8.i.a :

1. Description of SSO destination(s).

2. SSO end date and time.

3. SSO causes (mainline blockage, roots, etc.).

4. SSO failure point (main, lateral, etc.).

5. Whether or not the spill was associated with a storm event.

6. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the overflow; and a schedule of major milestones for those steps.

7. Description of spill response activities.

8. Spill response completion date.

9. Whether or not there is an ongoing investigation, the reasons for the investigation and the expected date of completion.

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 8 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems

10. Whether or not a beach closure occurred or may have occurred as a result of the SSO.

11. Whether or not health warnings were posted as a result of the SSO.

12. Name of beach(es) closed and/or impacted. If no beach was impacted, NA shall be selected.

13. Name of surface water(s) impacted.

14. If water quality samples were collected, identify parameters the water quality samples were analyzed for. If no samples were taken, NA shall be selected.

15. If water quality samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA shall be selected.

16. Description of methodology(ies) and type of data relied upon for estimations of the SSO volume discharged and recovered.

17. SSO Certification: Upon SSO Certification, the CIWQS Online SSO Database will issue a final SSO identification (ID) number.
c. Draft Category 2 SSOs: At a minimum, the following mandatory information shall be reported for a draft Category 2 SSO report:

1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO. d. Certified Category 2 SSOs: At a minimum, the following mandatory information shall be reported for a certified Category 2 SSO report:

1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO and Items 1-9, and 17 in section 8.i.b above for Certified Category 1 SSO.
e. Certified Category 3 SSOs: At a minimum, the following mandatory information shall be reported for a certified Category 3 SSO report:

1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO and Items 1-5, and 17 in section 8.i.b above for Certified Category 1 SSO.
ii. Reporting SSOs to Other Regulatory Agencies
These reporting requirements do not preclude an enrollee from reporting SSOs to other regulatory agencies pursuant to state law. In addition, these reporting requirements do not replace other Regional Water Board notification and reporting requirements for SSOs. iii. Collection System Questionnaire
The required Questionnaire (see subsection G of the SSS WDRs) provides the Water Boards with site-specific information related to the enrollee’s sanitary sewer system. The enrollee shall complete and certify the Questionnaire at least every 12 months to facilitate program implementation, compliance assessment, and enforcement response. iv. SSMP Availability
The enrollee shall provide the publicly available internet web site address to the CIWQS Online SSO Database where a downloadable copy of the enrollee’s approved SSMP, critical supporting documents referenced in the SSMP, and proof of local governing board approval of the SSMP is posted. If all of the SSMP documentation listed in this subsection is not publicly available on the Internet, the enrollee shall comply with the following procedure:

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 9 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems a. Submit an electronic copy of the enrollee’s approved SSMP, critical supporting documents referenced in the SSMP, and proof of local governing board approval of the SSMP to the State Water Board, within 30 days of that approval and within 30 days of any subsequent SSMP re-certifications, to the following mailing address:

State Water Resources Control Board
Division of Water Quality
Attn: SSO Program Manager
1001 I Street, 15th Floor, Sacramento, CA 95814
D. WATER QUALITY MONITORING REQUIREMENTS:

To comply with subsection D.7(v) of the SSS WDRs, the enrollee shall develop and implement an SSO Water Quality Monitoring Program to assess impacts from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. The SSO Water Quality Monitoring Program, shall, at a minimum:

1. Contain protocols for water quality monitoring.

2. Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions, etc.).

3. Require water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory.

4. Require monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure their continued accuracy.

5. Within 48 hours of the enrollee becoming aware of the SSO, require water quality sampling for, at a minimum, the following constituents:
i. Ammonia
ii. Appropriate Bacterial indicator(s) per the applicable Basin Plan water quality objective or Regional Board direction which may include total and fecal coliform, enterococcus, and e-coli.

E. RECORD KEEPING REQUIREMENTS:

The following records shall be maintained by the enrollee for a minimum of five (5) years and shall be made available for review by the Water Boards during an onsite inspection or through an information request:

1. General Records: The enrollee shall maintain records to document compliance with all provisions of the SSS WDRs and this MRP for each sanitary sewer system owned including any required records generated by an enrollee’s sanitary sewer system contractor(s).

2. SSO Records: The enrollee shall maintain records for each SSO event, including but not limited to:
i. Complaint records documenting how the enrollee responded to all notifications of possible or actual SSOs, both during and after business hours, including complaints that do not DRAFT
Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Page 10 of 11 Statewide Waste Discharge Requirements for Sanitary Sewer Systems result in SSOs. Each complaint record shall, at a minimum, include the following information:
a. Date, time, and method of notification.
b. Date and time the complainant or informant first noticed the SSO. c. Narrative description of the complaint, including any information the caller can provide regarding whether or not the complainant or informant reporting the potential SSO knows if the SSO has reached surface waters, drainage channels or storm drains.
d. Follow-up return contact information for complainant or informant for each complaint received, if not reported anonymously.
e. Final resolution of the complaint.
ii. Records documenting steps and/or remedial actions undertaken by enrollee, using all available information, to comply with section D.7 of the SSS WDRs. iii. Records documenting how all estimate(s) of volume(s) discharged and, if applicable, volume(s) recovered were calculated.

3. Records documenting all changes made to the SSMP since its last certification indicating when a subsection(s) of the SSMP was changed and/or updated and who authorized the change or update. These records shall be attached to the SSMP.

4. Electronic monitoring records relied upon for documenting SSO events and/or estimating the SSO volume discharged, including, but not limited to records from:
i. Supervisory Control and Data Acquisition (SCADA) systems ii. Alarm system(s)
iii. Flow monitoring device(s) or other instrument(s) used to estimate wastewater levels, flow rates and/or volumes.

F. CERTIFICATION

1. All information required to be reported into the CIWQS Online SSO Database shall be certified by a person designated as described in subsection J of the SSS WDRs. This designated person is also known as a Legally Responsible Official (LRO). An enrollee may have more than one LRO.

2. Any designated person (i.e. an LRO) shall be registered with the State Water Board to certify reports in accordance with the CIWQS protocols for reporting.

3. Data Submitter (DS): Any enrollee employee or contractor may enter draft data into the CIWQS Online SSO Database on behalf of the enrollee if authorized by the LRO and registered with the State Water Board. However, only LROs may certify reports in CIWQS.

4. The enrollee shall maintain continuous coverage by an LRO. Any change of a registered LRO or DS (e.g., retired staff), including deactivation or a change to the LRO’s or DS’s contact information, shall be submitted by the enrollee to the State Water Board within 30 days of the change by calling (866) 792-4977 or e-mailing [email protected].

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Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Statewide Waste Discharge Requirements for Sanitary Sewer Systems

5. A registered designated person (i.e., an LRO) shall certify all required reports under penalty of perjury laws of the state as stated in the CIWQS Online SSO Database at the time of certification.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of an order amended by the Executive Director of the State Water Resources Control Board.

Jepnine Townsend
C/erk to the Board
Date

APPENDIX C
SSMP AUDIT REPORT NOVEMBER 2019
DRAFT
1 Biennial Sewer System Management Plan Audit Report
The purpose of the Sewer System Management Plan (SSMP) Audit is to evaluate the effectiveness of Crescent City’s SSMP and to identify whether updates are needed. This document was designed to meet the requirements of State Water Resources Control Board Order No. 2006-0003-DWQ as revised by Order No. WQ 2013-0058-EXEC. Documentation of SSMP audits are kept on file at the Crescent City Waste Water Treatment Plant, and an indication is made in the California Integrated Water Quality System (CIWQS) database that the audit was completed. This audit report format is modified from audit reports(s) developed by Bay Area Clean Water Agency (BACWA).

ELEMENT 1. GOALS

1. Are the goals stated in the SSMP still appropriate and accurate? YES /NO ELEMENT 2. ORGANIZATION

2. Is the SSMP up-to-date with organization and staffing contact information?

YES / NO
ELEMENT 3. LEGAL AUTHORITY

3. Does the SSMP reference up-to-date information about legal authority? YES / NO

4. Does the City of Crescent City have sufficient legal authority to control sewer use and maintenance?

YES / NO
ELEMENT 4. OPERATIONS AND MAINTENANCE PROGRAM

4.a Map of the Sanitary Sewer System

5. Does the SSMP reference up-to-date information about maps? YES / NO

6. Are collection system maps complete, up-to-date, and sufficiently detailed?

YES / NO

4.b Preventative Maintenance Program

7. Does the SSMP contain up-to-date information about preventive operations and maintenance activities?

YES / NO

8. Are Crescent City’s preventive maintenance activities sufficient and effective in reducing and preventing SSOs and blockages?

YES / NO
Name of agency City of Crescent City
Date of audit November 20, 2019
Date of SSMP February 2018
SSMP Update
Due Date
February 2022
Name of auditor Jonathan Olson, Jason Wylie (Crescent City), Orrin Plocher (Freshwater Environmental Services)
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2 4.c Rehabilitation and Replacement Plan

9. Does the SSMP contain up-to-date information about the rehabilitation and replacement program? YES / NO

10. Does the SSMP contain up-to-date information about Closed Circuit Television (CCTV) inspections? YES / NO

11. Are scheduled inspections and the condition assessment system effective in identifying, prioritizing, and addressing deficiencies? YES / NO

12. Does the Capital Improvement Plan (CIP) address prioritized projects for collection system assets?

YES / NO

4.d Training

13. Does the SSMP contain up-to-date information about existing training programs?

YES / NO

14. Do supervisors believe their staff are sufficiently trained? YES / NO

15. Are staff satisfied with the training opportunities and support offered to them?

YES / NO

4.e Equipment and Replacement Part Inventories

16. Does the SSMP reference up-to-date information about equipment and replacement part inventories?

YES / NO
ELEMENT 5. DESIGN AND PERFORMANCE PROVISIONS

17. Does the SSMP contain up-to-date information about design and construction standards?

YES / NO
ELEMENT 6. SSO & BACKUP RESPONSE PLAN

18. Does the SSMP contain an up-to-date version of SSO Response Plan? YES / NO

19. Is the Response Plan effective in handling SSOs? (if YES, indicate specific information under the “Evaluation of the Effectiveness of the SSMP” section below)

YES / NO
ELEMENT 7. FATS, OILS, AND GREASE (FOG) CONTROL PROGRAM

20. Does the SSMP reference or contain up-to-date information about the City’s FOG control program?

YES / NO

21. Is the current FOG program effective in documenting and controlling FOG sources?

YES / NO

22. Are all public outreach materials for the FOG program current? YES / NO ELEMENT 8. SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN

23. Does the SSMP reference or contain up-to-date information about Crescent City’s capacity assessment activities and documentation?

YES / NO

24. Is the City of Crescent City sufficiently addressing hydraulic deficiencies?

YES / NO
DRAFT
00 o 0 00 0 0 o o o 0 0 0 0 0
3 ELEMENT 9. MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS

25. Does the SSMP reference up-to-date information about the Crescent City’s data collection and organization (e.g. use of CMMS, performance indicators, etc.)?

YES / NO

26. Is Crescent City’s data collection and organization sufficient to evaluate the effectiveness of the SSMP?

YES / NO
ELEMENT 10. SSMP PROGRAM AUDITS

27. Will this SSMP Audit be completed by every two years starting in February, 2018.

YES / NO
ELEMENT 11. COMMUNICATION PROGRAM

28. Is Crescent City’s website up-to-date, including information related to providing an opportunity for public input on the SSMP?

YES / NO
Evaluation of the Effectiveness of the SSMP
Below is a summary of SSOs associated with the Crescent City wastewater collection system:

SSO Summary 2008 to November 2019
DRAFT
Number
of SSOs
Total
Volume
Surface
Water Year Year Recovered % Recovery
2008 2 2008 90 10 50 11%
2009 4 2009 250 70 0 28%
2010 5 2010 1425 365 200 26%
2011 5 2011 550 430 121 78%
2012 1 2012 12000 0 12000 0%
2013 0 2013 0 0 0 0
2014 0 2014 0 0 0 0
2015 1 2015 135 0 135 0%
2016 3 2016 6700 0 4700 0%
2017 3 2017 540 110 285 20%
2018 5 2018 8235 5205 2030 63%
2019 10 2019 69085 1925 44875 3%
4 SSO Causes 2008 to November 2019
Review of Online SSO Reporting Data
A table with more details regarding the SSOs is attached to this Audit.

Below is a list on comments related to the online reporting of SSOs:
 SSO reports from 2008-2010 indicate that they are “ready to be certified” indicating that the notification process may not be complete;
City and County SSOs Table for Audit
Status Start Date Spill
Volume Spill Location Name
Ready To Certify 6/20/2009 6:05:00 PM 30 Cronk Lift Station Ready To Certify 6/21/2009 12:45:00 PM 25 End of the cul de sac of Gainard Street Ready To Certify 3/8/2010 6:45:00 AM 800 500 E Cooper Street Ready To Certify 11/13/2008 60 8th & M Street - Highway 101 North  All recent reports include a method reference for SSO volume estimation;  Consider having one person review all SSO reports prior to submittal for QA/QC and reporting consistency (CSA and City SSOs).

DRAFT
I/I (Rainfall
exceeded
capacity)
Contractor
vs Pressure
Main
Lift Station
Malfunction Year Debris FOG
2008 1 1
2009 3 1
2010 1 1 1 2
2011 2 1 2
2012 1
2013
2014
2015 1
2016 3
2017 2 1
2018 1 1 2 1
2019 3 5 1 1
13 12 5 7 2
% of Total 48% 44% 19% 26% 7%
5 Description of Scheduled Updates/Changes to the SSMP
 Update the organization and staffing contact information;  Update after Hours Call Out List;
 Update chain of communication for SSO notification;
 Update rehabilitation and replacement plan; and
 Update training information;
Completion of the above SSMP modifications will take place during the SSMP update to be completed prior to January 2022.

Administrative Comments
 The City intends to develop an agreement/understanding with the WWTP contractor to allow City use of experienced contractor staff in the event of an SSO that warrants additional response staff.
 The City intends to develop an agreement/understanding with the CSA to clarify City and County roles and responsibilities within the CSA.

SSMP Audit Conclusions
 There are several Elements of the SSMP that need to be modified to reflect the current organizational structure of the City staff;
 Organizational changes primarily effect wastewater treatment staff (now contracted), upper level administration, and do not impact the roles and responsibility of the SSO responders.
 SSO responders are experienced and well trained in SSO response and documentation.  An updated organization chart, call list, and chain of communication diagram will be made and inserted/attached to the current SSMP.
 Formal incorporation of the changes into the SSMP are anticipated during the SSMP update to be completed prior to January 2022.

DRAFT
Start Date Spill Volume Spill Location Name SPILL CAUSE 13-Nov-08 60 8th & M Street - Highway 101 North Debris
28-Dec-08 30 Nelson Lane Rainfall exceeded design
16-Mar-09 180 Nelson Lane Extreme heavy rainfall cause I/I problems 20-Jun-09 30 Cronk Lift Station Lift station.
21-Jun-09 25 End of the cul de sac of Gainard Street Lift Station malfunction 12-Aug-09 15 WalMart Lift Station The pumps in the lift station did not cycle properly resulting in the spill. 20-Jan-10 50 176 Elk Valley Road Pump station failure
01-Feb-10 15 Liftstation 7, Burtschell Lift Station, Crescent City, CA 95531 Grease deposition (FOG) 08-Mar-10 800 500 E Cooper Street Debri-Rags
04-Jun-10 60 130 Nelson Ln. ,Crescent City Ca. 95531 Flow exceeded capacity 20-Nov-10 500 5th and N Street in Crescent City, CA 95531 Other (specify below) 14-Jan-11 100 840 East Washington Boulevard Operator error 08-Mar-11 100 City of Crescent City Blockage in one of our main sewer pipes. 27-Apr-11 150 Intersection of Darby and Dodane Grease deposition (FOG) 27-Apr-11 150 Intersection of Darby and Dodane Grease deposition (FOG) 28-Oct-11 50 Corner of Washington Blvd. and Summer Lane in Crescent City Pump station failure 30-Mar-12 12000 325 Kern Street Rainfall exceeded design (Separate CS Only) 07-Apr-15 135 366 Temple Street Pump Station Failure-Mechanical 14-Dec-16 3000 CRESCENT CITY Rainfall Exceeded Design, I and I (Separate CS Only) 14-Dec-16 1000 Madison Lift Station Other (specify below) 14-Dec-16 2700 Front and N st & 2nd and N Street Flow Exceeded Capacity (Separate CS Only) 02-Aug-17 20 Amador Street Other (specify below)
17-Nov-17 250 Crescent City Seafood Processing Facility Other (specify below) 28-Dec-17 270 Seawood Lift Station Pump Station Failure-Controls 10-Jan-18 1880 50' East of 8th & Mst Grease Deposition (FOG) 24-May-18 300 5th Street & N Street Bag of Clothing, Suspected illegal dumping 28-Aug-18 6000 Citizens Dock Parking Lot Damage by Others Not Related to CS Construction/Maintenance (Specify Below) 18-Oct-18 40 297 US Highway 101 lift station had failed bubbler tube senso 07-Nov-18 15 Safeway Parking Lot Grease Deposition (FOG) 25-Feb-19 12250 300 west of intersection Nelon and Maiden Flow Exceeded Capacity (Separate CS Only) 25-Feb-19 13140 50' west of intersection Kern and Lauff Flow Exceeded Capacity (Separate CS Only) 25-Feb-19 4850 Intersection of Front and N Street Flow Exceeded Capacity (Separate CS Only) 29-Mar-19 35 intersection of Taylor and 6th Grease Deposition (FOG) 07-Apr-19 12000 HUMBOLDT ROAD AT HODGE AVENUE Siphon Failure 07-Apr-19 1930 MAIDEN LANE AT UNION STREET Natural Disaster 08-Apr-19 21145 NELSON LANE AT UNION STREET Natural Disaster 28-Apr-19 300 Walmart Lift Station Pump Station Failure-Controls 02-Jun-19 3300 CRESCENT CITY Pump Station Failure-Controls DRAFT
24-Jun-19 135 101 South - Near Good Harvest Debris from Lateral DRAFT

2.3 Authorized Representative
The Director of Operations is the Legally Responsible Official (LRO) or duly authorized representative to prepare, certify and submit electronic spill reports to the RWQCB and SWRCB and to notify other government agencies.

2.4 SSO Reporting Chain of Communication
Sanitary system overflow (SSO) detection, notification, response and reporting processes will be described in Element 6 – Overflow Emergency Response Plan. The sanitary system overflow (SSO) detection, notification, and response process is discussed below. Operation and maintenance crews continually monitor the condition and performance of the system with the goal of identifying and fixing any potential problem before it becomes an SSO. In addition, the city has stepped up its efforts to assess the condition of sewers in the collection system. Once a spill is reported or observed, it immediately becomes the highest priority.

Citizens can report any problems with the wastewater collection system 24 hours per day, 7 days per week. During normal business hours reports are made to Public Works at 707-464- 9506. After hours reports are made to the Del Norte County Sheriff's office by calling 707-464- 4191. The Del Norte County Sheriff's office has an after-hours call list for the Public Works Department. If calls are received by the Crescent City Police Department, Fire Departments or 911 they are routed to the Department of Public Works during normal business hours or to the Del Norte County Sheriff's office after hours. All overflow incidences are immediately reported to the Director of Operations and the City Engineer. A crew is assembled by the Director of Operations. Onsite documentation will be collected by the Director of Operations. The City emphasizes timely and accurate notification and reporting. The chain of communication for reporting SSOs has been effective. The city maintains a minimum time in responding to an SSO and meets its legal obligation and social responsibility for notification and reporting.

With documentation provided by the Director of Operations, the City Engineer makes sure the proper agencies are contacted starting with the City Manager. The decision is then made, depending on the SSO, to contact additional resources as needed (the order will also be determined by the nature of the event):

DRAFT
City Manager
City Engineer
Crescent City Council
Engineering
Technician
WWTP Operations
Private Contractor
Electrical
Mechanic II
Maintenance
Worker
Meter
Reader
Maintenance
Worker II
Equipment
Operator I
Regulatory
Reporting
Spill
Response
Sr. Maintenance
Worker
Equipment Operator II Maintenance Worker
Director of Operations
DRAFT

APPENDIX D

CRESCENT CITY MUNICIPAL CODE
TITLE 13, DIVISION II (SEWERS)
DRAFT
1 Crescent City Municipal Code
Title 13 PUBLIC SERVICES
Division II. Sewers
Chapter 13.20 ADMINISTRATION

13.20.010 Intent and purpose.

It is the purpose of this chapter:

A. To prevent waste discharges from adversely affecting the sewer system, the operation of the treatment facilities, the quality of effluent from the treatment plant, or the quality of the receiving water through regulation and control of the quality and quantity of waste discharged to the city’s sewer system by any discharger;
B. To comply with all state and federal regulations in connection with the discharge of sewage waste; C. To provide an equitable distribution of the city’s cost for acquisition, construction, reconstruction, maintenance, and operation of the city’s system;
D. To provide for the adoption, by resolution, of regulations to further promote and effect the above enumerated purposes. (Prior code § 17-101)

13.20.020 Adoption of regulations.

The city council shall adopt, by resolution, such regulations from time to time as it shall deem fit setting forth construction requirements for sewers, materials for sewers, charges for connection, sewer use charges, materials prohibited to be discharged, regulation of sewage system, discharge and construction permits and the like. (Prior code § 17-301)
Chapter 13.24 SEWER SERVICE REGULATIONS

13.24.010 Prohibited substances.

No person shall discharge any substance causing the city not to comply with any state or federal regulation of sewage discharge, nor any substance not amenable to treatment in the sewage system, or any substance which might tend to harm or adversely affect the sewer system, or any substance or combination of substances prohibited in regulations adopted under Chapters 13.20 through 13.32 by the city council. (Prior code § 17-102)

13.24.020 Abatement of nonconforming waste water discharge.

A. Any waste water discharge not in compliance with the provisions of Chapters 13.20 through 13.32 or regulations adopted hereunder is deemed to be a nuisance.

B. In the event the city engineer determines that any discharge into the sewer system presents an imminent hazard to the health and safety of the users of the system or to the maintenance and operation of the system itself, he shall order such discharge terminated. If such discharge is not terminated immediately, the city engineer shall take such steps as are necessary to shut off the flow of said discharge into the sewer system including disconnection of the user, if necessary. Notice of abatement and hearing on the same shall be had as DRAFT
2 provided in Sections 8.08.050 through 8.08.120; except that the order provided for in subsection D of Section 8.08.060 shall direct that said nuisance shall be abated immediately.

C. All other violations of the provisions of Chapters 13.20 through 13.32 or of any regulations adopted pursuant thereto shall be nuisances within the meaning of Chapter 8.08 and shall be abated accordingly.

D. All costs of abatement shall be borne by the user. (Prior code § 17-103)

13.24.030 Damage to system.

As a condition of the use of the city’s sewer system, any discharger who discharges or causes the discharge of prohibited substances which cause damage to the city’s treatment processes, or any other damages resulting in costs to the city shall be liable to the city for all damage occasioned thereby, regardless of faults. (Prior code § 17-104)

13.24.040 Sewer service required.

No person owning or occupying or having under his control, any premises situated or being within one hundred fifty feet of a public sewer running through any street or alley, in the city, shall construct or maintain or suffer to be or remain upon such premises in the city, any privy, vault or cesspool or any sink, drain, or similar contrivance, except as in the manner provided in Chapters 13.20 through 13.32. (Prior code § 17-201)

13.24.050 Sewer charges and regulations.

A. Persons making connections to sewers and using the same shall pay such fees and abide by regulations not inconsistent with Chapters 13.20 through 13.32 as the city council shall from time to time adopt by resolution.

B. No person shall construct a building sewer, or a lateral sewer, or make any connection with any public sewer without first obtaining a written permit from the city and paying all fees and complying with all requirements and conditions required by regulations to be adopted under the ordinance codified in this chapter by the city council.

C. Any person discharging anything except domestic sewage into the sewer system at the time this ordinance takes effect shall submit an application to the office of the city engineer within two months after this ordinance takes effect and shall not discharge non-domestic sewage waste into the sewer system after nine months from the date of adoption of the ordinance codified in this chapter without a permit therefor.

D. No person with an interest in the premises connected to the sewer collection system shall sell, transfer, assign or otherwise alienate the sewer connection permit to the premises for which it was originally granted, for the use of any other premises, without the express written consent of the city council or its designee. (Ord. 798 § 2, 2017; prior code § 17-202)

13.24.060 Premises not to be offensive.

No person shall suffer or permit any premises belonging to or occupied by him or her or under his or her control, located in the city, or any cellar, vault, privy, cesspool, sewer or private drain thereon or therein, to become nauseous, foul or offensive or prejudicial to the public health or public comfort. (Prior code § 17-203) DRAFT
3 13.24.070 Separation of storm drainage and sewage.

No person, firm, or corporation shall allow or permit any sewage of any kind from his or her premises to enter any of the storm drains of the city, whether by surface drainage, pipes, or other means, nor shall storm drainage, that is, run-off from precipitation be permitted to enter into the sewage system. (Prior code § 17-204)

13.24.080 Supervision of sewer connections.

All connections with any public sewer in the city and all repairs thereof, including excavating and laying pipe from sewer to property line, shall be made or caused to be made under the direct supervision of the city, but at the cost and expense of person, firm or corporation desiring the same to be done. (Prior code § 17-205)

13.24.090 Excavation in street.

Whenever it is necessary to excavate from property line to sewers in public streets in the city, such excavation shall be made by the person, firm or corporation making application and all plumbing shall be installed by a properly licensed contractor, but no filling of excavations shall be made other than by the street department of the city. (Ord. 579, 1982; prior code § 17-206)

13.24.100 Permit for excavation.

When any excavation for a sewer connection will extend into the public right-of-way, the applicant shall apply to the public works director for a street excavation permit and pay such fees as are established annually by the city council by resolution. (Ord. 579, 1982; prior code § 17-207) Chapter 13.28 SEWER EXTENSIONS

13.28.010 Intent and purpose.

The city, under and pursuant to Resolution No. 616 of Preliminary Determination and of Intention adopted April 6, 1959, proposed to provide the means by which property owners within the city desiring to have public sewer facilities extended to serve their property and not wishing to have such sewer facilities extended under an assessment district and bond issue may petition the city council of the city to install the necessary sewer extensions in order to provide for full growth and development of the city. This chapter is intended to provide the means by which the proposals set forth in the aforementioned resolution could be accomplished. (Prior code § 17-402)

13.28.020 Definitions.

Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:

A. “Entire cost” and/or “total cost” mean the cost of purchasing the necessary pipe, the cost of preparing plans and specifications, the cost of installation and all other items of cost ordinarily connected with sewer extension projects.

DRAFT
4 B. “Person” means any individual, firm, company, association, society, corporation, or group. The singular shall include the plural.

C. “Property owner” means any individual, firm, company, association, society, corporation, or group.

The singular shall include the plural.

D. “Sewer extension” means a sewer lateral or a pipe or conduit for carrying sewage, including the house lateral from the street sewer extension to the curb.

E. “Shall” is mandatory; “may” is permissive. (Prior code § 17-401)

13.28.030 Petition requesting extension—Generally.

Whenever a petition requesting the installation of a sewer extension is signed by one or more of the property owners within the area to be serviced by such sewer extension and is filed with the city council, and the signer or signers thereof agree to contribute his or their pro rata share of the total cost of the installation of such sewer extension in accordance with the provisions of this chapter, the city council may:

A. Authorize the city manager to prepare a plat and indicate the boundaries of the area in which the sewer extension is to be installed and an estimate, in writing, as to the probable cost of such installation and a preliminary apportionment of the total probable cost to each property owner to be benefited by the requested sewer extension as indicated on the plat;
B. Direct the city manager to file the plat and the estimated cost and preliminary apportionment with the city clerk;
C. Authorize and direct the city clerk, upon receipt of the plat and report of the estimated cost and preliminary apportionment, to notify the owners of all of the parcels of the land within the area to be served by the proposed sewer extension of the time and place set by the city council to hear all persons interested in the requested sewer extension installation. Such notice shall be by registered mail directed to the last known address of the property owner as it appears in the files of the city clerk. Such notice shall also contain a brief description of the work to be performed, and the estimated cost to be borne by the property owner. (Prior code § 17-403)

13.28.040 Petition requesting extension—Hearing—Approval.

At the time and place set for the hearing as provided for in subsection C of Section 13.28.030, the city council shall hear all persons interested in the requested sewer extension installation who request to be heard, and shall examine the plat filed with the city clerk by the city manager, the report of the city manager as to the estimated probable cost and the preliminary apportionment, and, if found satisfactory, the city council shall, by resolution, approve the plat, fix the city’s contribution, if any, and fix the total minimum amount to be deposited with the city clerk by property owners before the work requested in the petition and outlined in the plat is to be commenced. (Prior code § 17-404)

13.28.050 Plans and specifications—Advertisement and acceptance of bids.

A. When the plat has been approved and the necessary amount deposited with the city clerk as required by Section 13.28.040, the city council may, by resolution, authorize the city manager to prepare plans and specifications, and advertise for bids for performance of the improvement work required hereunder.

DRAFT
5 B. The procedure for the acceptance of the bid of the lowest responsible bidder and the letting of the contract by the city council for performance of the improvement work required hereunder shall be that required by the statutes of the state. (Prior code § 17-405)

13.28.060 Sewer connection agreement.

At the time the property owner deposits the amount fixed by the city council as required under Section 13.28.040, the property owner shall, concurrently therewith, enter into and execute a “sewer connection agreement” with the city. Such “sewer connection agreement” shall be in a form acceptable to the city attorney. (Prior code § 17-406)

13.28.070 Sewer extension revolving fund.

All moneys collected under the provisions of this chapter including the city’s contribution, if any, shall be deposited by the city clerk into the “sewer extension revolving fund” as created in Chapter 13.32. All moneys so deposited into the “sewer extension revolving fund” shall be used to pay the costs attributable to the installation and maintenance of sewer extensions. (Prior code § 17-407)

13.28.080 Return of deposit.

In the event that the property owners to be benefited by the installation of sewer extensions as indicated on the plat as required under this chapter, fail to deposit the amount fixed by the city council pursuant to Section 13.28.040, with the city clerk as required in this chapter, within thirty days from and after the required public hearing, the city clerk shall, when directed to do so by the city council, return all the money deposited to the persons making such deposit. (Prior code § 17-408)

13.28.090 Additional money required—Notice.

If the amount fixed by the city council to be deposited by the property owner and the city’s contribution, if any, is not sufficient to cover the entire cost of installing the requested sewer extension, including the preparation of plans and specifications, the city clerk shall notify the property owners involved of the additional amount required of such property owners to do such improvement work and within thirty days thereafter such property owner shall deposit such additional amount with the city clerk. Should the property owner fail to deposit such additional amount, the city manager shall present a statement to the city clerk showing all expenditures on behalf of the proposed sewer construction. The city clerk shall, when directed to do so by the city council, refund to the property owner all the money deposited by such property owner except the property owner’s proportionate share of that amount shown by the city manager’s statement to have been expended on behalf of the proposed sewer construction. (Prior code § 17-409)

13.28.100 Prorating cost—Statement.

Immediately after the completion of any sewer extension and its acceptance by the city council, the city manager shall prorate the entire cost thereof against all lots of property that may ultimately be benefited by connection to such sewer extension in proportion to the square feet thereof, or if the lots be irregular in shape, then in such manner as may, in the opinion of the city manager, provide an equitable distribution of costs, and file a written statement with the city clerk setting forth the total cost of such sewer extension, the parties DRAFT
6 contributing thereto, including the city’s contribution, if any, the prorated cost, and any other pertinent information concerning such installation. (Prior code § 17-410)

13.28.110 Refund of excess money.

In the event that the required amount deposited by the property owner in accordance with the provisions of this chapter is in excess of the entire prorated cost of such sewer extension project, the city clerk shall, after all proper charges for the entire cost of such project have been paid, and upon receipt of notice of such excess from the city manager, refund such excess to the property owner in proportion to the required amount deposited by such property owner. (Prior code § 17-411)

13.28.120 Future connections—Proportionate share of cost required.

From and after the effective date of this code, whenever any person applies for a connection to a sewer extension which has been installed in any manner other than by a public improvement proceeding for which assessments are levied, and the cost thereof shall have been paid by certain property owners and/or the city, and neither such person nor his predecessor in interest has paid the proportionate share of the cost of such extension with respect to the property to be served, no such application shall be acted upon or approved and no connection to such sewer extension shall be made unless and until such person shall have paid to the city his proportionate share of the cost of such sewer extension in addition to any sewer connection or permit charges required. (Prior code § 17-412)

13.28.130 Future connections—Procedure.

Upon completion and acceptance of any sewer extension installed pursuant to the provisions of this chapter, any person desiring to have his property connected to the city sewage system services by such sewer extensions shall, before making such connection:

A. Make application with and obtain a permit for sewer connection from the director of public works; B. Construct, at his own expense, the house sewer line connecting the property services to the sewer extension;
C. Pay the sewer connection fee and/or permit fee required by the city; D. Pay his proportionate share of the cost of such sewer extension as required by Section 13.28.120. (Prior code § 17-413)

13.28.140 Additional charges for connection and sewer use.

The city council shall, in addition to all other charges imposed by it for sewer connection and use shall impose such additional charges for connection and sewer use for users of the sewer system as, and in the determination of the city council, approximate the out-of-city users’ pro rata share of the city’s capital investment in that portion of the sewer system utilized by said user. (Prior code § 17-414)

13.28.150 Interpretation of chapter regarding contracts with developers, subdividers and others.

DRAFT
7 It is the intention of the city council that nothing contained in this chapter is to be interpreted in such a manner as to prohibit the city from contracting with developers, subdividers and the like for the construction of sanitary sewer facilities in accordance with the laws of the state. (Prior code § 17-415)

13.28.160 Violation—Infraction.

Any person, firm or corporation. who in violation of any of the provisions of this chapter connects or causes to be connected any property directly or indirectly to any public sewer facility constructed as herein provided without first paying the charge placed against such property as in this chapter provided, shall be guilty of an infraction. (Prior code § 17-416)
Chapter 13.30 SEWER CHARGES

13.30.010 Sewer charges.

From and after the effective date hereof, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $40.95
County - Single-Family Residential $30.95
City - Light Commercial $4.70/100 cubic feet
County - Light Commercial $4.35/100 cubic feet
City - Heavy Commercial $7.10/100 cubic feet
County - Heavy Commercial $6.36/100 cubic feet
City - Multi-Family Residential $4.32/100 cubic feet
County - Multi-Family Residential $3.92/100 cubic feet
(Ord. 728 § 1, 2007)

13.30.011 Sewer charge minimums for customers in light and heavy commercial and multi-family classes.

Customers in the light and heavy commercial and the multi-family classes must pay a monthly minimum sewer fee equal to five hundred cubic feet, based on the volumetric rates then currently in effect. (Ord. 781 § 1, 2014)

13.30.012 Sewer charges on and after January 1, 2008.

Effective January 1, 2008, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $48.70
DRAFT
8 County - Single-Family Residential $39.95
City - Light Commercial $6.16/100 cubic feet
County - Light Commercial $5.16/100 cubic feet
City - Heavy Commercial $9.21/100 cubic feet
County - Heavy Commercial $8.21/100 cubic feet
City - Multi-Family Residential $5.65/100 cubic feet
County - Multi-Family Residential $4.65/100 cubic feet
(Ord. 729 § 1, 2007)

13.30.013 Sewer charges on and after January 1, 2009.

Effective January 1, 2009, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $56.70
County - Single-Family Residential $47.95
City - Light Commercial $7.20/100 cubic feet
County - Light Commercial $6.20/100 cubic feet
City - Heavy Commercial $10.85/100 cubic feet
County - Heavy Commercial $9.85/100 cubic feet
City - Multi-Family Residential $6.58/100 cubic feet
County - Multi-Family Residential $5.58/100 cubic feet
(Ord. 729 § 1, 2007)

13.30.015 Sewer charges on and after January 1, 2011.

Effective January 1, 2011, and continuing until further amendment to this chapter, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $59.95
County - Single-Family Residential $51.20
City - Light Commercial $7.62/100 cubic feet
County - Light Commercial $6.62/100 cubic feet
City - Heavy Commercial $11.52/100 cubic feet
County - Heavy Commercial $10.52/100 cubic feet
DRAFT
9 City - Multi-Family Residential $6.96/100 cubic feet
County - Multi-Family Residential $5.96/100 cubic feet
(Ord. 750 § 2, 2009; Ord. 729 § 1, 2007)

13.30.016 Sewer charges on and after September 1, 2011.

Effective September 1, 2011, and continuing until further amendment to this chapter, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $62.60
County - Single-Family Residential $53.85
City - Light Commercial $7.96/100 cubic feet
County - Light Commercial $6.96/100 cubic feet
City - Heavy Commercial $12.06/100 cubic feet
County - Heavy Commercial $11.06/100 cubic feet
City - Multi-Family Residential $7.27/100 cubic feet
County - Multi-Family Residential $6.27/100 cubic feet
(Ord. 764 § 1, 2011)

13.30.017 Sewer charges on and after September 1, 2012.

Effective September 1, 2012, and continuing until further amendment to this chapter, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $64.32
County - Single-Family Residential $55.57
City/Harbor - Light Commercial $8.18/100 cubic feet
County - Light Commercial $7.18/100 cubic feet
City/Harbor - Heavy Commercial $12.41/100 cubic feet
County - Heavy Commercial $11.41/100 cubic feet
City/Harbor - Multi-Family Residential $7.47/100 cubic feet County - Multi-Family Residential $6.47/100 cubic feet
Customers in the light and heavy commercial and the multi-family residential classes pay a monthly minimum equal to five hundred cubic feet. (Ord. 770 § 1, 2012) DRAFT
10 13.30.018 Sewer charges on and after May 1, 2013.

Effective May 1, 2013, and continuing until further amendment to this chapter, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $69.70
County - Single-Family Residential $60.95
City/Harbor - Light Commercial $8.64/100 cubic feet
County - Light Commercial $7.64/100 cubic feet
City/Harbor - Heavy Commercial $13.53/100 cubic feet
County - Heavy Commercial $12.53/100 cubic feet
City/Harbor - Multi-Family Residential $8.09/100 cubic feet County - Multi-Family Residential $7.09/100 cubic feet
Customers in the light and heavy commercial and the multi-family residential classes must pay a monthly minimum equal to five hundred cubic feet. (Ord. 772 § 1, 2013)

13.30.019 Sewer charges on and after July 2, 2014.

Effective July 2, 2014, the schedule of charges for sewer use is as follows:

City - Single-Family Residential $72.21
County - Single-Family Residential $63.14
City - Light Commercial $8.95/100 cubic feet
County - Light Commercial $7.92/100 cubic feet
City - Heavy Commercial $14.02/100 cubic feet
County - Heavy Commercial $12.98/100 cubic feet
City - Multi-Family Residential $8.38/100 cubic feet
County - Multi-Family Residential $7.35/100 cubic feet
(Ord. 779 § 1, 2014)
Chapter 13.32 SEWER EXTENSION REVOLVING FUND

13.32.010 Created.

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11 There is created a special fund in the office of the city clerk, to be known and designated as the “sewer extension revolving fund.” (Prior code § 17-501)

13.32.020 Adoption of chapter and definitions.

This chapter is adopted and the sewer extension revolving fund is created as an incident to Chapter 13.28, and all definitions contained therein shall apply to this chapter. (Prior code § 17-504)

13.32.030 Expenses payable out of fund.

All claims, charges and expenses, attributable to the installation and maintenance of sewer extensions constructed pursuant to the provisions of Chapter 13.28, shall be a charge against and payable out of the sewer extension revolving fund. No claim against such fund shall be paid unless the project is approved by resolution of the city council pursuant to the provisions of Chapter 13.28. (Prior code §17-502)

13.32.040 Deposits.

Whenever the city council has, by resolution, authorized and directed the city manager to prepare plans and specifications, advertise for bids and cause bids and the work necessary to install a sewer extension to be performed pursuant to Chapter 13.28, the city manager shall furnish to the city clerk an estimate in writing of the cost of such work and incidental expenses, together with a legal description of the property and the owners thereof contributing to the cost, showing the amount of each, and the city’s contribution, if any. The city clerk shall issue receipts to the persons so contributing, and such contribution shall be deposited in the sewer extension revolving fund. (Prior code § 17-503)
Chapter 13.40 INDUSTRIAL PRETREATMENT REQUIREMENTS
Note
* Prior ordinance history: Ord. 658.

Article 1. General Provisions

13.40.010 Purpose and policy.

This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city of Crescent City and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [USC] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
B. To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
C. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; DRAFT
12 D. To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
F. To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This chapter applies to all users of the publicly owned treatment works. The chapter authorizes the issuance of individual wastewater discharge permits or general permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this chapter. (Ord. 816 § 4, 2019; Ord. 757 § 1, 2010)

13.40.020 Administration.

The pretreatment coordinator will administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the pretreatment coordinator may be delegated by the pretreatment coordinator to a duly authorized city of Crescent City employee. (Ord. 816 § 4, 2019; Ord. 757 § 1, 2010)

13.40.030 Abbreviations.

The following abbreviations, as used in this chapter, have the designated meanings:

BOD5 – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial user
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – gallons per day
IU – Industrial User
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System NSCIU – Non-Significant Categorical Industrial User
POTW – publicly owned treatment works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
TSS – Total Suspended Solids
USC – United States Code
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13 (Ord. 816 § 4, 2019; Ord. 757 § 1, 2010)

13.40.040 Definitions.

The following terms and phrases, as used in this chapter, have the meanings hereinafter designated. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251 et seq.
“Approval authority” means California Regional Water Quality Control Board - North Coast Region. “Authorized or duly authorized representative of the user” means:

1. If the user is a corporation: the president, or any other officer or manager to whom the authority has been delegated by the corporation’s board of directors, by resolution, certified and delivered to the city.

2. If the user is a partnership or sole proprietorship: any general partner or the sole proprietor, respectively.

3. If the user is a limited liability company: the managing agent of the LLC.

4. If the user is a federal, state, or local governmental agency: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

5. The individuals described in paragraphs 1 through 4, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.40.050(A) and (B), referenced in 40 CFR 403.5(a)(1) and (b). BMPs may refer to treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
“Biochemical oxygen demand” or “BOD5” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/L).
“Bypass” means the intentional diversion of wastestreams from any portion of a user’s pretreatment facility.
“Categorical industrial user” means an Industrial user subject to a Categorical Pretreatment Standard or Categorical Standard.
“Categorical Pretreatment Standard” or Categorical Standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405- 471.
“Categorical wastewater” means discharge that is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
“Chemical oxygen demand” or COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

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14 “City” means the city of Crescent City or the city council of the city of Crescent City. “Daily discharge” means either: (1) the total mass of the constituent discharged over the calendar day (12:00 a.m. through 11:59 p.m.) or any twenty-four-hour period that reasonably represents a calendar day for the purposes of sampling (as specified in the permit), for a constituent with limitations expressed in units of mass; or (2) the unweighted arithmetic mean measurement of the constituent over the day for a constituent with limitations expressed in other units of measurement (e.g., concentration). “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
“Discharge” or indirect discharge” means the introduction of pollutants into the POTW from any nondomestic source.
“Environmental Protection Agency” or EPA” mean the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
“Existing source” means any source of discharge that is not a new source. “General permit” means a permit issued by the city to control SIU discharges to the POTW if the type of operations of various users are the same or substantially similar, the discharge is the same, the effluent limitation are the same and require the same or similar monitoring and in the opinion of the pretreatment coordinator, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
“Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes. “Gray water” means domestic wastewater composed of washwater from kitchen sinks, bathroom sinks and tubs, clothes washers, and laundry tubs that are not used for disposal of chemical or chemical-biological ingredients.
“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.
“Individual wastewater discharge permit” means a permit issued by the city to control SIU discharges to the POTW.
“Industrial user” or “user” mean a source of indirect discharge. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or any permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste DRAFT
15 Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
“Local limits” means specific discharge limits adopted by the city and enforced as to industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
“Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
“Monthly average” means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. “Monthly average limit” means the highest allowable monthly average over a calendar month. “New source” means:

1. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if the Pretreatment Standards are thereafter promulgated in accordance with that section, if:
a. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, must be considered.

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program:
i. Any placement, assembly, or installation of facilities or equipment, or ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

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16 “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. “Non-significant categorical industrial user” means an industrial user that never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
a. The industrial user, prior to the city’s finding, has consistently complied with all applicable Categorical Pretreatment Standards and Requirements;
b. The Industrial user annually submits the certification statement required in Section 13.40.450(B), together with any additional information necessary to support the certification statement; and c. The industrial user never discharges any untreated concentrated wastewater. “Pass through” means a discharge that exits the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.
“Person” means any individual, partnership, firm, company, corporation, association, limited liability company, joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD, toxicity, or odor).
“POTW means a publicly owned treatment works, as defined by Section 212 of the Act (33 USC Section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless that is allowed by an applicable Pretreatment Standard.
“Pretreatment coordinator” means the person designated by the city to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this chapter, as well as a duly authorized representative designated in writing by the pretreatment coordinator. “Pretreatment facility” means wastewater treatment as necessary to comply with this chapter and to achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 13.40.050. Any facilities necessary for compliance must be provided, operated, and maintained at the user’s expense.
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a Pretreatment Standard.

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17 “Pretreatment Standards” means prohibited discharge standards, Categorical Pretreatment Standards, and local limits.
“Prohibited discharge standards” or prohibited discharges” means absolute prohibitions against the discharge of certain substances as set forth in Section 13.40.050 of this chapter. “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
“Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.). “Significant industrial user” or “SIU” means except as provided in paragraphs 3 and 4 of this section, a significant industrial user is:

1. An industrial user subject to Categorical Pretreatment Standards; or

2. An industrial user that:
a. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), b. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement;

3. The city may determine that an industrial user subject to Categorical Pretreatment Standards is a non-significant categorical industrial user rather than a significant industrial user;

4. Upon a finding that a user meeting the criteria in paragraph 2 of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement, the city may at any time, on its own initiative or in response to a petition received from an Industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
“Slug load” or “slug discharge” means any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in Section 13.40.050 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way to violate the POTW’s regulations, local limits or permit conditions. “Storm water” means any flow occurring during or following any form of natural precipitation, including and resulting from precipitation.
“Total suspended solids” or “suspended solids” mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the control of the user. “User” or “industrial user” means a source of indirect discharge. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
“Wastewater treatment plant” or “treatment plant” means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste. (Ord. 816 § 4, 2019; Ord. 757 § 1, 2010) DRAFT
18 Article 2. General Sewer Use Requirements

13.40.050 Prohibited discharge standards.

A. General Prohibition. A user must not introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. This general prohibition applies to all users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other national, state, or local Pretreatment Standards or Requirements.

B. Specific Prohibitions. A user must not introduce or cause to be introduced into the POTW any of the following pollutants, substances, or wastewater:

1. Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees F (sixty degrees C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 6.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts that may cause obstruction of the flow in the POTW resulting in interference, including solids that exceed one-quarter inch in any dimension;

4. Pollutants, including oxygen-demanding pollutants (BOD5, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature greater than one hundred fifty degrees F (sixty-five degrees C), or that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees F (forty degrees C);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by the pretreatment coordinator in accordance with Section 13.40.140 of this chapter;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either alone or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to health, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater that imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the pretreatment coordinator;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes; DRAFT
19 14. Medical wastes, except as specifically authorized by the pretreatment coordinator in an individual wastewater discharge permit or a general permit;

15. Wastewater, alone or in conjunction with other sources, that causes the treatment plant’s effluent to fail any toxicity test;

16. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

17. Fats, oils, or greases of animal or vegetable origin in concentrations greater than fifty mg/L;

18. Any garbage or other solid material from any food processing plant, industrial plant or retail grocery store;

19. Any water, waste or other matter that will result in contamination, pollution or nuisance including, but not limited to, bones, hair, hides or fleshings, whole blood, paunch manure, recognizable portions of the human anatomy, tissue fluids, entrails, ashes, mud, straw, sand, wood, grass clippings or vegetation trimmings, spent lime, stone or marble dust, shavings, metal, glass, rags, feathers, tar, asphalt residues, waste paper, plastics, spent grains or hops;

20. Any other solid or liquid that is determined by the city to be or have the potential to be detrimental to the POTW.

Pollutants, substances, or wastewater prohibited by this section must not be processed or stored in such a manner that there is a reasonable potential for their discharge to the POTW. (Ord. 816 § 4, 2019; Ord. 757 § 2, 2010)

13.40.060 National Categorical Pretreatment Standards.

Users must comply with the Categorical Pretreatment Standards set forth at 40 CFR Chapter I, Subchapter N, Parts 405–471.

A. Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the pretreatment coordinator may impose equivalent concentration or mass limits in accordance with subsections E and F.

B. Where the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the pretreatment coordinator may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

C. When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the pretreatment coordinator shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. A categorical industrial user may obtain a net or a gross adjustment to a Categorical Pretreatment Standard pursuant to this section.

1. Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the industrial user’s source water. Any industrial user wishing to obtain credit for source pollutants must make application to the city. Upon request of the industrial user, the applicable Standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the source water) if the requirements of subsection (D)(2) of this section are met.

2. Criteria.

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20 a. Either:
i. The applicable Categorical Pretreatment Standards contained in 40 CFR, subchapter N, specifically provide that they shall be applied on a net basis; or
ii. The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the Standards in the absence of pollutants in the source waters.
b. Credit for generic pollutants such as biochemical oxygen demand (BOD5), total suspended solids (TSS), and oil and grease will not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the source water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
c. Credit will be granted only to the extent necessary to meet the applicable Categorical Pretreatment Standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with Categorical Pretreatment Standard(s) adjusted under this section.
d. Credit will be granted only if the user demonstrates that the source water is drawn from the same body of water as that into which the POTW discharges. The city may waive this requirement if it finds that no environmental degradation will result.

E. When a Categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the pretreatment coordinator. The city may establish equivalent mass limits only if the industrial user meets all the conditions set forth in paragraphs (1)(a) through (e) below.

1. To be eligible for equivalent mass limits, the industrial user must:
a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit; b. Currently use control and treatment technologies adequate to achieve compliance with the applicable Categorical Pretreatment Standard, and not have used dilution as a substitute for treatment; c. Provide sufficient information to establish the user’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the user’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions; d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and e. Have consistently complied with all applicable Categorical Pretreatment Standards during the period prior to the industrial user’s request for equivalent mass limits.

2. An industrial user subject to equivalent mass limits must:
a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
b. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
DRAFT
21 c. Continue to record the facility’s production rates and notify the pretreatment coordinator whenever production rates are expected to vary by more than twenty percent from its baseline production rates determined in subsection (F)(1) of this section. Upon notification of a revised production rate, the pretreatment coordinator will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraph (1)(a) of this section so long as it discharges under an equivalent mass limit.

F. When developing equivalent mass limits, the pretreatment coordinator:

1. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

3. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 13.40.100. The industrial user must also be in compliance with Section 13.40.710 regarding the prohibition of bypass.

G. The pretreatment coordinator may convert the mass limits of the Categorical Pretreatment Standards of 40 CFR Parts 414, 419 and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the pretreatment coordinator.

H. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated Categorical Standards from which the equivalent limitations were derived.

I. Many Categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations.

Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

J. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the pretreatment coordinator within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the pretreatment coordinator of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. (Ord. 816 § 4, 2019; Ord. 757 § 2, 2010)

13.40.070 State Pretreatment Standards.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (Ord. 816 § 4, 2019; Ord. 757 § 2, 2010)

13.40.080 Local limits.

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22 The pretreatment coordinator is authorized to establish local limits pursuant to 40 CFR 403.5(c). Local limits will be approved by city council resolution to protect against pass through and interference. No person shall discharge wastewater containing in excess of the daily maximum limits list (most recent local limits resolution) available at City Hall and on the city webpage (http://crescentcity.org/). The local limits apply at the point where wastewater is discharged to the POTW.

The pretreatment coordinator may impose mass limitations in addition to or instead of the concentrationbased limitations. The pretreatment coordinator is authorized to set IU-specific limits for pollutants on a caseby-case basis. The loading allocation will be based on the discharger’s current loading, its need for a continued loading allocation, its ability to apply pretreatment to achieve certain discharge pollutant levels (i.e., treatability), or any other factor that the pretreatment coordinator determines is relevant. The pretreatment coordinator will ensure that the sum of the allocated loadings does not exceed the current maximum allowable industrial loading (MAIL).

To ensure that it does not allocate more than the MAIL, Crescent City will monitor loading from IUs with individual wastewater discharge permits. The city will monitor and compare actual loading to the allocated MAILs upon receipt of any discharge monitoring data on an annual basis.

The pretreatment coordinator may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits or general permits, to implement local limits and the requirements of Section 13.40.050. (Ord. 816 § 4, 2019; Ord. 799 § 3, 2017; Ord. 767 § 4, 2012; Ord. 757 § 2, 2010)

13.40.090 City of Crescent City’s right of revision.

The city reserves the right to establish, by ordinance or in individual wastewater discharge permits or in general permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this chapter. (Ord. 816 § 4, 2019; Ord. 757 § 2, 2010)

13.40.100 Dilution.

A user must never increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The pretreatment coordinator may impose mass limitations on users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 816 § 4, 2019; Ord. 757 § 2, 2010)
Article 3. Pretreatment of Wastewater

13.40.110 Pretreatment facilities.

Users must provide wastewater treatment as necessary to comply with this chapter and to achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 13.40.060 of this chapter within the time limitations specified by EPA, the State, or the pretreatment coordinator, whichever is more stringent. Any facilities necessary for compliance must be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures must be submitted to the pretreatment coordinator for review, and must be acceptable to the pretreatment coordinator before those facilities are constructed. The review of plans and operating procedures does not DRAFT
23 relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter. (Ord. 816 § 4, 2019; Ord. 757 § 3, 2010)

13.40.120 Additional pretreatment measures.

A. Whenever necessary in his or her judgment, the pretreatment coordinator may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage-waste streams from industrial-waste streams, and impose any other conditions that may be necessary to protect the POTW and ensure the user’s compliance with the requirements of this chapter.

B. The pretreatment coordinator may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit or a general permit may be issued for the purpose of flow equalization.

C. Grease, oil, and sand interceptors must be provided when, in the opinion of the pretreatment coordinator, any or all are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units must be of a type and capacity approved by the pretreatment coordinator and must be so located to be easily accessible for cleaning and inspection. These interceptors must be inspected, cleaned, and repaired by the user at user’s expense.

D. The pretreatment coordinator may require users with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter. (Ord. 816 § 4, 2019; Ord. 757 § 3, 2010)

13.40.130 Accidental discharge/slug discharge control plans.

The pretreatment coordinator must evaluate whether each significant industrial user needs an accidental discharge or slug discharge control plan or other action to control slug discharges. The pretreatment coordinator may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the pretreatment coordinator may develop such a plan for any user. An accidental discharge or slug discharge control plan must include, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals;
C. Procedures for immediately notifying the pretreatment coordinator of any accidental or slug discharge, as required by Section 13.40.370 of this chapter; and D. Procedures to prevent adverse impact from any accidental or slug discharge.

The procedures to be described include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 816 § 4, 2019; Ord. 757 § 3, 2010)

13.40.140 Hauled wastewater.

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24 Septic-tank waste may be introduced into the POTW only at locations designated by the pretreatment coordinator, and only at times as are established by the pretreatment coordinator. Septic waste must not violate Article 2 or any other requirements established by the city. The pretreatment coordinator may require septictank-waste haulers to obtain individual wastewater discharge permits or general permits or deny septage receiving at any time for any reasonable cause.

The pretreatment coordinator may require haulers of industrial waste to obtain individual wastewater discharge permits or general permits. The pretreatment coordinator may require generators of hauled industrial waste to obtain individual wastewater discharge permits or general permits. The pretreatment coordinator in his or her discretion also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

Industrial waste haulers may discharge loads only at locations designated by the pretreatment coordinator.

No load may be discharged without prior consent of the pretreatment coordinator. The pretreatment coordinator may collect samples of each hauled load to ensure compliance with applicable Standards. The pretreatment coordinator may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking manifest for every load. This manifest must include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. (Ord. 816 § 4, 2019; Ord. 757 § 3, 2010)

13.40.150 Interceptor requirements.

A. Interceptors. Grease, oil and sand interceptors must be provided when, in the opinion of the public works director or the pretreatment coordinator. They are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors are not required for residential users. All interception units shall be of a type and capacity approved by the public works director or pretreatment coordinator and must be located to be easily accessible for cleaning and inspection. All interception units must be installed in accordance with the provisions of this chapter. These interceptors must be inspected, cleaned, and repaired regularly, as needed, by the owner at his or her sole expense. New and existing users that are determined by the public works director or pretreatment coordinator to have a reasonable potential to adversely impact the POTW must install a grease, oil or sand interceptor.

1. Users that are required to have a grease interceptor may be required to connect fixtures or drains that have a reasonable potential to allow fats, oils, and grease to be discharged to the POTW to an appropriately sized grease interceptor.

2. Users with garbage grinders must discharge the garbage grinder to a grease interceptor with a minimum capacity of one thousand gallons or remove the garbage grinder.

3. Users with dishwashers must discharge the dishwasher directly to the POTW or to a grease interceptor with a minimum capacity of seven hundred fifty gallons.

4. Accumulated grease and sediment must be removed as required. At a minimum gravity grease interceptors and grease traps must be cleaned when the combined depth of sediment and grease equals or exceeds twenty-five percent of the total depth of the sediment, water, and grease. For multiple chambered interceptors the measurements of sediment and grease are to be performed in the final interceptor chamber DRAFT
25 prior to discharge. All other grease interceptors must be maintained in accordance with the manufacturer’s specifications.

5. Grease interceptors must be kept free of non-food waste including, but not limited to, grit, rocks, gravel, sand, eating utensils, cigarettes, trash, towels, and rags.

6. The addition of chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives used for purposes of grease reduction to a grease interceptor is specifically prohibited.

7. If the public works director or pretreatment coordinator determines that a grease interceptor is not being adequately cleaned or maintained, a correction notice may be issued requiring the deficiency be corrected within seven working days. Maintenance programs including BMPs and defined cleaning frequencies may be mandated. Users that fail to adhere to a maintenance program may be required to install additional pretreatment devices.

8. The city will develop and implement a fats, oils, and grease policy.

B. Time of Compliance. All commercial facilities and food establishments described in this section are required to install a sand and/or grease interceptor or grease trap within the sixty-day period after the first occurrence of any of the following events:

1. Transfer of any ownership or interest in the commercial facility;

2. The issuance by the county of any building permit for the construction, reconstruction or related work to be performed on the premises costing more than five thousand dollars;

3. The backup or discharge of raw sewage on or from the premises due to grease build up in their service lateral; or within

4. Ninety days after receiving written notice from the public works director or pretreatment coordinator of the necessity for installation of such facilities.

C. Monitoring and Reporting. All establishments having a grease trap or interceptor must maintain and clean this unit as recommended by the manufacturer. Each grease trap or interceptor must be regularly maintained by the proprietor or property owner and records kept at the site for inspection by the city.

Maintenance will vary depending upon the size of the unit and grease loading. The property owner or proprietor must send a copy of the maintenance records to the city annually from the time of installation or some other agreed upon date by the city. At no time may the unit be allowed to become clogged with grease so as to create damage to the city collection or treatment facilities. The proprietor must develop a cleaning schedule sufficient to keep the unit functioning properly. Records of grease disposal to a collection agent must be made available to city personnel upon request.

D. Responsibility of Tenants. Where an owner of property lets premises to any other person as a tenant, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter. This provision is enforceable against the either or both the owner, tenant or both, without regard to any contractual arrangements as between the owner and tenant.

E. Pretreatment Charges and Fees. The city council may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

1. Fees for wastewater discharge permit applications including the cost of processing such applications.

2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by the users.

3. Fees for reviewing and responding to accidental discharge procedures and construction.

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26 4. Fees for filing appeals.

5. Other fees that the city finds to be necessary to carry out the requirements contained in this section.

These fees relate solely to the matters covered by this chapter and are separate from all other fees, finest and penalties chargeable by the city. (Ord. 816 § 4, 2019; Ord. 767 § 3, 2012; Ord. 757 § 3, 2010) Article 4. Individual Wastewater Discharge Permits/General Permits

13.40.160 Wastewater analysis.

When requested by the pretreatment coordinator, a user must submit information on the nature and characteristics of its wastewater within twenty-four hours of the request. The pretreatment coordinator is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.170 Individual wastewater discharge permit and general permit requirement.

A. A significant industrial user must not discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the pretreatment coordinator, except that a significant industrial user that has filed a timely application pursuant to Section 13.40.180 of this chapter may continue to discharge for the time period specified therein.

B. The pretreatment coordinator may require other users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles 10 through 12 of this chapter. Obtaining an individual wastewater discharge permit or a general permit does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements or with any other requirements of federal, state, and local law. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.180 Individual wastewater discharge and general permitting—Existing connections.

Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, must, within ninety days after the effective date, apply to the pretreatment coordinator for an individual wastewater discharge permit or a general permit in accordance with Section 13.40.200 of this chapter, and must not cause or allow discharges to the POTW to continue after ninety days of the effective date of the ordinance codified in this chapter except in accordance with an individual wastewater discharge permit or a general permit issued by the pretreatment coordinator. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.190 Individual wastewater discharge and general permitting—New connections.

Any user required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general DRAFT
27 permit, in accordance with Section 13.40.200 of this chapter, must be filed at least ninety days prior to the date upon which any discharge will begin or recommence. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.200 Individual wastewater discharge and general permit application contents.

A. All users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit under Section 13.40.210. The pretreatment coordinator may require users to submit the following information as part of a permit application:

1. Identifying Information.
a. The name and address of the facility, including the name of the operator and the owner. b. Contact information, description of activities, facilities, and plant production processes on the premises.

2. Environmental Permits. A list of any environmental control permits held by or for the facility.

3. Description of Operations.
a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; c. Number and type of employees, hours of operation, and proposed or actual hours of operation; d. Type and amount of raw materials processed (average and maximum per day); e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

4. Time and duration of discharges.

5. The location for monitoring all wastes covered by the permit.

6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 13.40.060(D). Refer to 40 CFR 403.6(e).

7. Measurement of Pollutants, Consistent with the Following Standards. a. The Categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for existing sources. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the pretreatment coordinator, of regulated pollutants in the discharge from each regulated process.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass. d. The sample must be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.40.410 of this chapter.

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28 e. Where the Standard requires compliance with a BMP or a pollution prevention alternative, the user must submit documentation as required by the pretreatment coordinator or the applicable Standards to determine compliance with the Standard.
f. Sampling must be performed in accordance with procedures set out in Section 13.40.420 of this chapter.

8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 13.40.350(B).

9. Any request to be covered by a general permit based on Section 13.40.210.

10. Any other information that may be deemed necessary by the pretreatment coordinator to evaluate the permit application.

B. Incomplete or inaccurate applications will not be processed. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.210 Wastewater discharge permitting—General permits.

A. At the discretion of the pretreatment coordinator, the pretreatment coordinator may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent limitations;

4. Require the same or similar monitoring; and

5. In the opinion of the pretreatment coordinator, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

B. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 13.40.350(B) for a monitoring waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW finds to be appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the pretreatment coordinator has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 13.40.350(B).

C. The pretreatment coordinator will retain a copy of the general permit, documentation to support the coordinator’s determination that a specific SIU meets the criteria in subsection (A)(1) to (5) and applicable state regulations, and a copy of the user’s written request for coverage for three years after the expiration of the general permit.

D. The pretreatment coordinator may not control an SIU through a general permit where the facility is subject to production-based categorical Pretreatment Standards or categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula (Section 13.40.060(D)) or net/gross calculations (Section 13.40.060(E)). (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)
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29 13.40.220 Application signatories and certifications.

A. All wastewater discharge permit applications, user reports, and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 13.40.450(A).

B. The designation of an authorized representative must be kept current.

C. A facility determined to be a non-significant categorical industrial user by the pretreatment coordinator pursuant to Section 13.40.040 definition of significant industrial user subsection (3) must annually submit the signed certification statement in Section 13.40.450(B). (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010)

13.40.230 Individual wastewater discharge and general permit decisions.

The pretreatment coordinator will evaluate the data furnished by the user and may require additional information. Within thirty days of receipt of a complete permit application, the pretreatment coordinator will determine whether to issue an individual wastewater discharge permit or a general permit. The city may deny any application for an individual wastewater discharge permit or a general permit that does not meet the requirements of this chapter. (Ord. 816 § 4, 2019; Ord. 757 § 4, 2010) Article 5. Individual Wastewater Discharge/General Permit Issuance

13.40.240 Individual wastewater discharge and general permit duration.

An individual wastewater discharge permit or a general permit is issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the pretreatment coordinator. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire. (Ord. 757 § 5, 2010)

13.40.250 Individual wastewater discharge permit and general permit contents.

An individual wastewater discharge permit or a general permit will include such conditions as are deemed reasonably necessary by the pretreatment coordinator to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. individual wastewater discharge permits and general permits must contain:

1. A statement that indicates the wastewater discharge permit issuance date, effective date, and expiration date;

2. A statement that without prior notification to the city in accordance with Section 13.40.280 of this chapter, the wastewater discharge permit is nontransferable;

3. Provisions requiring that the new owner or operator be provided a copy of the existing wastewater discharge permit;

4. Effluent limits, including best management practices, based on applicable Pretreatment Standards;

5. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location(s), sampling frequency, and sample type based on federal, state, and local law; DRAFT
30 6. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 13.40.350(B);

7. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. A compliance schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

8. If determined by the pretreatment coordinator to be necessary requirements to control slug discharge.

9. Any conditions on the grant of the monitoring waiver by the pretreatment coordinator (Section 13.40.350(B)) must be included as a condition in the user’s permit or other control mechanism.

B. Individual wastewater discharge permits or general permits may also contain one or more of the following conditions:

1. Limits on the average and/or maximum rate of discharge, time (or schedule) of discharge;

2. Requirements for flow regulation and equalization;

3. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

4. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to minimize the chance of accidental, unanticipated, or nonroutine discharges;

5. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

6. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

7. Requirements for the installation and maintenance of inspection and sampling facilities and equipment, including flow-measurement devices;

8. A statement that compliance with the individual wastewater discharge permit or the general permit does not relieve the permittee of responsibility for compliance with all applicable federal and state Pretreatment Standards, including those that become effective during the term of the individual wastewater discharge permit or the general permit; and

9. Other conditions included by the pretreatment coordinator to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.260 Process for issuing permits.

A. Notice of Intent to Issue Permit. At least fifteen days before the proposed date of issuance, the pretreatment coordinator will publish in a newspaper(s) of general circulation in Del Norte County and on city’s webpage, a notice of intent to issue a pretreatment permit. The notice will state one or more locations where the draft permit may be reviewed and an address where written comments may be submitted.

B. Notice that Permit Has Been Issued. Within five business days of issuing a pretreatment permit under this chapter, the pretreatment coordinator will publish in a newspaper of general circulation in Del Norte County a notice that the permit has been issued.

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31 C. Reconsideration. Any person, including the user, may petition the pretreatment coordinator to reconsider the terms of an individual wastewater discharge permit or a general permit within fifteen days of notice of its issuance. Failure to submit a timely petition for reconsideration is a waiver of administrative reconsideration.

1. The petition must be in writing but it does not need to be in any particular form. The petition, must state specifically the provisions objected to, the reasons for this objection, and the nature of the alternative condition, if any, appellant seeks to place in the individual wastewater discharge permit or a general permit.

2. The effectiveness of the individual wastewater discharge permit or a general permit is not stayed pending the resolution of the petition.

3. The pretreatment coordinator must act on the petition for reconsideration within fifteen days of its filing. If the pretreatment coordinator fails to act within fifteen days, a petition for reconsideration is deemed to be denied.

4. Any party aggrieved by the decision of the pretreatment coordinator on a petition for reconsideration may appeal that decision to the city council of the city of Crescent City. The appeal must be in writing, must be accompanied by an appeal fee in the amount established by the city’s schedule of fees. The appeal and the fee must be filed with city clerk within fifteen days of the final action of the pretreatment coordinator.

5. The city council must conduct a hearing of the appeal within forty-five days of the filing of the appeal and must render its decision in writing within thirty days thereafter. The action of the city council is the final administrative action for purposes of judicial review. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.270 Permit modification.

A. On his or her own initiative or upon application of the user, the pretreatment coordinator may modify an individual wastewater discharge permit for good cause, including, but not limited to, any of the following reasons:

1. To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements;

2. To address significant alterations or additions to the user’s operation, processes or wastewater volume or character since the issuance of the individual wastewater discharge permit;

3. A change has been or will be made in the POTW that requires or will require either a temporary or permanent reduction or elimination of the authorized discharge;

4. Information has been received by the pretreatment coordinator indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, beneficial sludge use or the receiving waters;

5. There has been a violation of any term or condition of the individual wastewater discharge permit;

6. The user has made a misrepresentation or has failed to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7. There has been a revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13;

8. To correct typographical or other errors in the individual wastewater discharge permit; or

9. To reflect an approved transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 13.40.280.

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32 B. The pretreatment coordinator may modify a general permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements;

2. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

3. To correct typographical or other errors in the individual wastewater discharge permit; or

4. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 13.40.280. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.280 Individual wastewater discharge permit and general permit transfer.

Individual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least ninety days advance notice to the pretreatment coordinator and the pretreatment coordinator approves the individual wastewater discharge permit or the general permit coverage transfer. The notice to the pretreatment coordinator must include a written certification by the new owner or operator that:

A. Fully identifies the new owner or operator;
B. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
C. Identifies the specific date on which the transfer is to occur; and D. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.290 Individual wastewater discharge permit and general permit revocation.

The pretreatment coordinator may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following causes:

A. Failure to notify the pretreatment coordinator of significant changes to the wastewater prior to discharge;
B. Failure to provide prior notification to the pretreatment coordinator of changed conditions pursuant to Section 13.40.360;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. Falsifying self-monitoring reports and certification statements; E. Tampering with monitoring equipment;
F. Refusing to allow the pretreatment coordinator timely access to the facility premises and records; G. Failure to meet discharge requirements;
H. Failure to pay fines when due;
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33 I. Failure to pay sewer charges when due;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or M. Violation of any Pretreatment Standard or Requirement or any terms of the wastewater discharge permit or a general permit or this chapter.

Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.300 Individual wastewater discharge permit and general permit reissuance.

A user with an expiring individual wastewater discharge permit or general permit must apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, including all required information and any fees, in accordance with Section 13.40.200 of this chapter, at least ninety days prior to the expiration of the user’s existing individual wastewater discharge permit or general permit. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)

13.40.310 Regulation of waste received from other jurisdictions.

A. If another local agency, or a user located within another local agency, contributes wastewater to the POTW, the city must enter into an inter-agency agreement with the contributing local agency.

B. Prior to entering into an agreement required by subsection A, the pretreatment coordinator shall request the following information from the contributing local agency:

1. A description of the quality and volume of wastewater discharged to the POTW by the contributing local agency;

2. An inventory of all users located within the contributing local agency that are discharging to the POTW; and

3. Such other information as the pretreatment coordinator may deem necessary.

C. An inter-agency agreement, as required by subsection A, must contain the following conditions:

1. A requirement that the contributing local agency adopt a sewer use ordinance that is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 13.40.080. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;

2. A requirement for the contributing local agency to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing local agency, which of these activities will be conducted by the city, and which of these activities will be conducted jointly by the contributing local agency and the city; DRAFT
34 4. A requirement for the contributing local agency to provide the pretreatment coordinator with access to all information that the contributing local agency obtains as part of its pretreatment activities;

5. Limits on the nature, quality, and volume of the contributing local agency’s wastewater at the point where it discharges to the POTW;

6. Requirements for monitoring the contributing local agency’s discharge;

7. A provision ensuring that the pretreatment coordinator will have access to the facilities of users located within the contributing local agency’s jurisdictional boundaries for the purpose of inspection, sampling, and any other deemed necessary by the pretreatment coordinator; and

8. A provision specifying remedies available for breach of the terms of the inter-agency agreement. (Ord. 816 § 4, 2019; Ord. 757 § 5, 2010)
Article 6. Reporting Requirements

13.40.320 Baseline monitoring reports.

A. Within one hundred eighty days after either the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW must submit to the pretreatment coordinator a report that contains the information listed in subsection B. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable Categorical Standard, must submit to the pretreatment coordinator a report that contains the information listed in subsection B. A new source must report the method of pretreatment it intends to use to meet applicable Categorical Standards. A new source also must provide estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users subject to subsection A of this must provide the following information:

1. All that information required by Section 13.40.200(A)(1)(a), (2), (3)(a), and (6).

2. Measurement of Pollutants.
a. The user must provide the information required in Section 13.40.200(A)(7)(a) through (d). b. The user must take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph.
c. Samples should be taken immediately downstream from pretreatment facilities or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure all the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data must be submitted to the city. d. Sampling and analysis must be performed in accordance with Section 13.40.410. e. The pretreatment coordinator may allow the submission of a baseline report that utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
f. The baseline report must indicate the time, date, and place of sampling, and methods of analysis, and must certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

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35 3. Compliance Certification. A statement, prepared by the user or user’s authorized representative indicating whether Pretreatment Standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.

4. Compliance Schedule. If additional pretreatment and/or O&M will be required in order to meet the Pretreatment Standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule must not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.40.330.

5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.40.450(A) and signed by an authorized representative as defined in Section 13.40.040. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.330 Compliance schedule progress reports.

The following conditions apply to the compliance schedule required by Section 13.40.320(B)(4):

A. The schedule must contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable Pretreatment Standards. (Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); B. No increment referred to above may exceed nine months; C. The user must submit a progress report to the pretreatment coordinator no later than fourteen days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not the user complied with the increment of progress, the reason for any delay, and, if applicable, the steps being taken by the user to return to the established schedule; and D. No more than nine months may elapse between these progress reports to the pretreatment coordinator. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.340 Reports on compliance with Categorical Pretreatment Standard deadline.

Within ninety days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a new discharge, following commencement of the introduction of wastewater into the POTW, any user subject to the Categorical Pretreatment Standards and Requirements must submit to the pretreatment coordinator a report containing the information described in Sections 13.40.200(A)(6), (7), and 13.40.320(B)(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 13.40.060 the report must contain a reasonable measure of the user’s long-term production rate. For all other users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report must include the user’s actual production during each sampling period. All compliance reports must be signed and certified in accordance with Section 13.40.450(A) of this chapter. All sampling will be done in conformance with Section 13.40.420. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.350 Periodic compliance reports.

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36 A. Except as specified in subsection C, at least twice per year prior to June 30 and December 31, all significant industrial users must, submit reports detailing the nature and concentration of pollutants in the discharge that are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a best management practice (BMP) or pollution-prevention alternative, the user must submit documentation required by the pretreatment coordinator or the Pretreatment Standard as required to determine the compliance status of the user. The pretreatment coordinator may increase the frequency of this reporting.

B. The pretreatment coordinator may authorize an industrial user subject to a Categorical Pretreatment Standard to forego sampling of a pollutant if the industrial user has demonstrated that the pollutant is neither present nor reasonably expected to be present in the discharge, or is present only at background levels from intake water. This authorization is subject to the following conditions:

1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable Categorical Standard and otherwise includes no process wastewater.

2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 13.40.200(A)(8).

3. In demonstrating that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater, prior to any treatment at the facility that is representative of all wastewater from all processes.

4. The request for a monitoring waiver must be signed in accordance with Section 13.40.040, and include the certification statement in Section 13.40.450(A).

5. Non-detectable sample results may be used to demonstrate that a pollutant is not present only if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

6. Any grant of the monitoring waiver by the pretreatment coordinator must be included as a condition or addendum in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the pretreatment coordinator for three years after expiration of the waiver.

7. After approval of a monitoring waiver and revision of the user’s permit by the pretreatment coordinator, the industrial user must certify on each report, using the statement in Section 13.40.450(C), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user or that the pollutant has been found to be or is expected to be present.

8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of subsection A, or other more frequent monitoring requirements imposed by the pretreatment coordinator, and must notify the pretreatment coordinator.

9. This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard.

C. The city may reduce the requirement for periodic compliance reports, see Section subsection A, to a requirement to report no less frequently than once a year, unless required more frequently in the Pretreatment DRAFT
37 Standard or by the EPA or the state, where the industrial user’s total categorical wastewater flow does not exceed any of the following:

1. Two hundred fifty gallons per day, as measured by a continuous effluent-flow monitoring device unless the industrial user discharges in batches;

2. Generic pollutants such as biochemical oxygen demand (BOD5) of 0.14 pounds per day and total suspended solids (TSS) of 0.24 pounds per day; or

3. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable Categorical Pretreatment Standard for which approved local limits were developed in accordance with Section 13.40.080.

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Article 9 of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the pretreatment coordinator, decreasing the reporting requirement for that industrial user would result in data that are not representative of conditions occurring during the reporting period.

D. All periodic compliance reports must be signed and certified in accordance with Section 13.40.450(A).

E. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities must be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order is not grounds for the user to claim that sample results are unrepresentative of its discharge.

F. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the pretreatment coordinator, using the procedures prescribed in Section 13.40.420, the results of that more frequent monitoring must be included in the report. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.360 Reports of changed conditions.

Each user must notify the pretreatment coordinator of any significant changes to the user’s operations or system that might alter the nature, quality or volume of its wastewater at least thirty days before the change.

A. The pretreatment coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.40.200.

B. The pretreatment coordinator may issue an individual wastewater discharge permit or a general permit under Section 13.40.300 or modify an existing wastewater discharge permit or a general permit under Section 13.40.270 in response to changed conditions or anticipated changed conditions. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.370 Reports of problems or potential problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW:

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38 A. The user must immediately telephone and notify the pretreatment coordinator of the incident. This notification must include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Within five days following the discharge, the user must, unless the report is waived by the pretreatment coordinator, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. This report does not relieve the user of any expense, loss, damage, or other liability that is incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor does the report relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this chapter.

C. A notice shall be permanently posted on the user’s bulletin board or other prominent place, advising employees who to call in the event of a discharge described in subsection A. Employers shall ensure that any employee who could cause such a discharge to occur are advised of the emergency notification procedure.

D. Significant industrial users are required to notify the pretreatment coordinator immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.380 Reports from unpermitted users.

A user who is not required to obtain an individual wastewater discharge permit or general permit must provide reports to the pretreatment coordinator that the pretreatment coordinator may require. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.390 Notice of violation/repeat sampling and reporting.

If sampling performed by a user indicates a violation has occurred in the past, the user must notify the pretreatment coordinator within twenty-four hours of becoming aware of the violation. The user must also repeat the sampling and analysis and submit the results of the repeat analysis to the pretreatment coordinator within thirty days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in the place of the industrial user. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.400 Notification of the discharge of hazardous waste.

A. Any user who commences the discharge of waste that would be a hazardous waste under 40 CFR Part 261 must notify the POTW, the EPA Regional Waste Management Division Director, and the state hazardous-waste authorities, in writing, of that fact. This notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred kilograms of this waste per calendar month to the POTW, the notification must also contain the following information to the extent the information is known and readily available to the user: (1) an identification of the hazardous constituents contained in the wastes; (2) an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and (3) an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred eighty days after the discharge commences. Any notification under this subsection is DRAFT
39 required to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 13.40.360. The notification requirement in this section does not apply to pollutants already reported by users subject to Categorical Pretreatment Standards under the selfmonitoring requirements of Sections 13.40.230, 13.40.340 and 13.40.350.

B. users are exempt from the requirements of subsection A, during any calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than these quantities of any hazardous waste do not require additional notification.

C. If new regulations under Section 3001 of RCRA are imposed that identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, a user must notify the pretreatment coordinator, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of any such substance within ninety days of the effective date of such regulations.

D. If notification is made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of pollutants generated to the degree it has determined to be economically practical.

E. This section does not create a right to discharge any substance. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.410 Analytical requirements.

All pollutant analyses, including sampling techniques, to be reported as part of a wastewater discharge permit application or report must be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless alternate techniques are specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA has determined that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the pretreatment coordinator. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.420 Sample collection.

Information provided to satisfy reporting requirements must be based on data obtained through appropriate sampling performed during the period covered by the report. Samples must be representative of conditions occurring during the reporting period and subject to the following:

A. Except as indicated in subsections B and C, the user must collect wastewater samples using twentyfour-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the pretreatment coordinator. Where time-proportional composite sampling or grab sampling is authorized by the pretreatment coordinator, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and applicable EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented DRAFT
40 in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab sample techniques.

C. For sampling required in support of baseline monitoring and ninety-day compliance reports required in Sections 13.40.320 and 13.40.340, as referenced 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the pretreatment coordinator may authorize a lower minimum. For the reports required by Section 13.40.350, under 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.430 Date of receipt of reports.

Written reports are considered submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report governs. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.440 Recordkeeping.

A. users subject to the reporting requirements of this chapter must retain and make available for inspection and copying all records of information developed pursuant to any monitoring activities required by this chapter, any additional records of information developed pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 13.40.080. Records must show with respect to the record:

1. The date;

2. Exact place;

3. Method;

4. Time of sampling;

5. The name of the person(s) taking the samples;

6. The dates analyses were performed;

7. Who performed the analyses;

8. The analytical techniques or methods used, and the results of such analyses.

B. These records shall remain available for a minimum period of three years. This period is automatically extended for the duration of any litigation concerning the user or the city, or if the user has been specifically notified of a longer retention period by the pretreatment coordinator. (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)

13.40.450 Certification statements.

A. Certification of Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed by an authorized representative and submitted by users DRAFT
41 submitting permit applications in accordance with Section 13.40.380, users submitting baseline monitoring reports under Section 13.40.320(B)(5), users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under Section 13.40.340, users submitting periodic compliance reports required by Section 13.40.350(A) through (D), and users submitting an initial request to forego sampling of a pollutant on the basis of Section 13.40.350(B)(4).

I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

B. Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the pretreatment coordinator pursuant to Sections 13.40.040 and 13.40.220(C) must annually submit the following certification statement by an authorized representative. This certification must accompany any alternative report required by the pretreatment coordinator:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR 403 et seq., I certify to the best of my knowledge and belief that during the period from _____________, _______, _______ [months, days, year]:

The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.40.040 of the City of Crescent City’s Pretreatment Ordinance;
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information: [Insert pertinent information].

C. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.40.350(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR 403 et seq., I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.40.350(A). (Ord. 816 § 4, 2019; Ord. 757 § 6, 2010)
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42 Article 7. Compliance Monitoring

13.40.460 Right of entry—Inspection and sampling.

The pretreatment coordinator has the right to enter the premises of any user to determine whether the user is complying with the requirements of this chapter and with any individual wastewater discharge permit or general permit or order issued under this chapter. Users must allow the pretreatment coordinator ready access to the entire premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user must make necessary arrangements with its security guards so that, upon presentation of suitable identification, the pretreatment coordinator will be permitted to enter without delay for the purposes of performing his or her responsibilities under this chapter.

B. The pretreatment coordinator has the right to set up on the user’s property, or to require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. The pretreatment coordinator may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment must be maintained at all times in proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality must be calibrated quarterly to ensure their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled must be promptly removed by the user at the written or verbal request of the pretreatment coordinator and must not be replaced. The costs of clearing such access must be borne by the user.

E. Unreasonable delay in providing the pretreatment coordinator access to the user’s premises is a violation of this chapter.

F. There must be ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Whether constructed on public or private property, the monitoring facilities must be provided in accordance with the pretreatment coordinator’s requirements and with all applicable local construction standards and specifications, and such facilities must be constructed and maintained in a manner so as to enable the pretreatment coordinator to perform independent monitoring activities. (Ord. 816 § 4, 2019; Ord. 757 § 7, 2010)

13.40.470 Search warrants.

If the pretreatment coordinator has been refused access to a building, structure, or property, or any part of the premises, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or with any permit or order issued under the ordinance, or to protect the public health, safety and welfare, the pretreatment coordinator may seek issuance of a search warrant from any Magistrate as defined by, California Penal Code Section 808, per California Penal Code Section 1528. (Ord. 816 § 4, 2019; Ord. 757 § 7, 2010) Article 8. Confidential Information

13.40.480 Confidential information.

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43 Information and data with respect to a user that is contained in reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general permits, and that is or may be obtained from monitoring programs and from the pretreatment coordinator’s inspection and sampling activities, is available to the public without restriction, except as follows. If the user is able to demonstrate to the pretreatment coordinator that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under the California Public Records Act, and requests that the information be kept confidential, the pretreatment coordinator must withhold the information. Any request to keep the information confidential must be made at the time of submission of the information or data and must be accompanied by an agreement to defend and indemnify the city in the event that litigation is brought by any person challenging the city’s withholding of the information. Even in cases where portions of a report are not available for inspection by the public, they may be made available upon the request of governmental agencies whose jurisdiction is related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, are not recognized as confidential information and will be available to the public without restriction. (Ord. 816 § 4, 2019; Ord. 757 § 8, 2010) Article 9. Publication of Users in Significant Noncompliance

13.40.490 Publication of users in significant noncompliance.

The pretreatment coordinator will publish annually, in a newspaper of general circulation in Del Norte County, a list of the users, if any, that at any time during the previous twelve months were in significant noncompliance with applicable Pretreatment Standards and Requirements. The term significant noncompliance may be applied to any significant industrial users or an industrial user that violates subsection C, D or H of this section and means:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed, by any magnitude, a numeric Pretreatment Standard or Requirement, including instantaneous limits as defined in Article 2;
B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Article 2 multiplied by the applicable criteria (1.4 for BOD5, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined by Article 2 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the pretreatment coordinator determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the pretreatment coordinator’s exercise of his or her emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety days of the scheduled date, a scheduled compliance milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance; DRAFT
44 F. Failure to provide within forty-five days after the due date any required reports, including baseline monitoring reports, reports on compliance with Categorical Pretreatment Standard deadlines, periodic selfmonitoring reports, and reports on compliance with compliance schedules; G. Failure to promptly and accurately report noncompliance; or H. Any other violation(s), which may include a violation of best management practices, which the pretreatment coordinator determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 816 § 4, 2019; Ord. 757 § 9, 2010) Article 10. Administrative Enforcement Remedies

13.40.500 Notification of violation.

If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the pretreatment coordinator may serve upon that user a written notice of violation. Within five days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, must be submitted by the user to the pretreatment coordinator. Submission of the plan does not relieve the user of liability for any violation. Nothing in this section limits the authority of the pretreatment coordinator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.510 Consent orders.

The pretreatment coordinator may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. These agreements must include a description of the specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 13.40.530 and 13.40.540 of this chapter and shall be judicially enforceable. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.520 Show cause hearing.

The pretreatment coordinator may order a user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the city’s administrative hearing officer and show cause why the proposed enforcement action should not be taken. Notice must be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the proposed action, and the order that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting must be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the user and required by Section 13.40.220(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.530 Compliance orders.

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45 If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the pretreatment coordinator may issue an order to the user, directing that the user come into compliance within a specified time. If the user does not come into compliance within the specified time, the right to discharge may be suspended unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order will not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order does not bar and is not a prerequisite for taking any other action against the user. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.540 Cease and desist orders.

If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the user’s past violations are likely to recur, the pretreatment coordinator may issue an order directing the user to cease and desist the violations and directing the user to:

A. Comply immediately with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order does not bar and is not a prerequisite for, taking any other action against the user. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.550 Administrative fines.

A. If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the city may fine such user in an amount not to exceed one thousand dollars. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The pretreatment coordinator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.560 Emergency suspensions.

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46 The pretreatment coordinator may immediately suspend a user’s right to discharge, after informal notice to the user, whenever a suspension of that right is necessary to stop an actual or threatened discharge that reasonably appears to endanger the health or welfare of any person or persons. The pretreatment coordinator may also immediately suspend a user’s right to discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or that endangers the environment.

A. Any user notified of a suspension of its right to discharge must immediately stop discharging. In the event of a user’s failure immediately and voluntarily comply with the suspension order, the pretreatment coordinator may take such steps as are necessary, including immediate severance of the sewer connection, to prevent or minimize damage or threat to the POTW, its receiving waters, person or persons or the environment. The pretreatment coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the pretreatment coordinator that the period of endangerment has passed, except when the termination proceedings in Section 13.40.570 have been initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the pretreatment coordinator prior to the date of any show cause or termination hearing under Section 13.40.520 or 13.40.570.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)

13.40.570 Termination of discharge.

In addition to the provisions in Section 13.40.290 of this chapter, any user who violates the following conditions is subject to discharge termination:

A. Violation of individual wastewater discharge permit or general permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
E. Violation of the Pretreatment Standards in Article 2 of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.40.520 why the proposed action should not be taken. Exercise of this option by the pretreatment coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 816 § 4, 2019; Ord. 757 § 10, 2010)
Article 11. Judicial Enforcement Remedies

13.40.580 Injunctive relief.

When the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the pretreatment coordinator may petition a Magistrate as defined by, California Penal Code Section 808, per California Penal Code Section 1528, of state of California, through the city’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or DRAFT
47 compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this chapter on activities of the user. The pretreatment coordinator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 816 § 4, 2019; Ord. 757 § 11, 2010)

13.40.590 Civil penalties.

A. A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the city for a maximum civil penalty of not less more than one thousand dollars per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The city may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 816 §§ 3, 4, 2019; Ord. 757 § 11, 2010)

13.40.600 Criminal prosecution.

A. A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both as per California Penal Code Section 19.

B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty, at a minimum of a misdemeanor and be subject to a penalty of at least one thousand dollars, or be subject to imprisonment for not more than six months, or both.

This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit, or general permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both.

D. In the event of a second conviction, a user shall be guilty of a felony and punished by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than sixteen months, or both as per California Penal Code Section 18 et seq. (Ord. 816 § 4, 2019; Ord. 757 § 11, 2010) DRAFT
48 13.40.610 Remedies nonexclusive.

The remedies provided for in, this chapter are not exclusive. The city may pursue any lawful remedy or any combination of lawful remedies that is available against a noncompliant user. The enforcement of pretreatment violations will generally be in accordance with the “city of Crescent City, California Enforcement Response Plan” June 2013 (Revised February 2017) or most recent version. A copy of the most recent Enforcement Response Plan is available at City Hall and at the city webpage (http://crescentcity.org/).

However, the pretreatment coordinator may take other action against any user when the circumstances warrant.

Further, the pretreatment coordinator is empowered to take more than one enforcement action against any noncompliant user. (Ord. 799 § 3, 2017; Ord. 757 § 11, 2010) Article 12. Supplemental Enforcement Action

13.40.620 Penalties for late reports.

A penalty not to exceed one thousand dollars will be assessed to any user for each day that a report required by this chapter or a permit or order issued hereunder is late, beginning five days after the date the report is due. (Ord. 816 § 4, 2019; Ord. 799 § 3, 2017; Ord. 757 § 12, 2010)

13.40.630 Performance bonds.

The pretreatment coordinator may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such user first files a satisfactory bond or a standby letter of credit with the city as contingent payee, in a sum determined by the pretreatment coordinator to be necessary to achieve consistent compliance. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)

13.40.640 Liability insurance.

The pretreatment coordinator may decline to issue or reissue an individual wastewater discharge or a general permit to any user who fails or has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the user first submits proof that it has obtained insurance or other financial assurances sufficient to restore or repair potential damage to the POTW caused by its discharge. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)

13.40.650 Payment of outstanding fees and penalties.

The pretreatment coordinator may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous individual wastewater discharge permit, or a previous general permit, or an order issued hereunder. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)

13.40.660 Water supply severance.

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49 If a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, a general permit, or an order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the user may be discontinued. Service will recommence, at the user’s expense, only after the user has satisfactorily demonstrated its ability to comply. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)

13.40.670 Informant rewards.

The city may offer a reward for information leading to the discovery of noncompliance by a user. In the event that the information provided results in a civil penalty or an administrative fine levied against the user, the city may disperse the reward as provided by resolution of the city council. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)

13.40.680 Contractor listing.

Users that are not in compliance with applicable Pretreatment Standards and Requirements are not eligible to receive a contractual award for the sale of goods or services to the city. (Ord. 816 § 4, 2019; Ord. 757 § 12, 2010)
Article 13. Affirmative Defenses to Discharge Violations

13.40.690 Upset.

A. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the control of the user. Upset does not mean noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance.

B. An upset is an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of subsection C, are met.

C. A user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous, operating logs, or other competent evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;

2. The facility at the time of the upset was being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

3. The user has submitted the following information to the pretreatment coordinator within twenty-four hours of becoming aware of the upset; if this information is provided orally, a written submission must be provided within five days:
a. A description of the indirect discharge and cause of noncompliance, b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and
c. Steps that have been, are being or are planned to be taken to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset has the burden of proof.

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50 E. A user may request a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards.

F. A user must control all discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the pretreatment facility is reduced, lost, or fails. (Ord. 816 § 4, 2019; Ord. 757 § 13, 2010)

13.40.700 Prohibited discharge standards.

A user has an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.40.050(A) of this chapter or the specific prohibitions in Sections 13.40.050(B) (excluding numbers (1), (2) and (8)), if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 816 § 4, 2019; Ord. 757 § 13, 2010)

13.40.710 Bypass.

A. For the purposes of this section:

1. Bypass means the intentional diversion of wastestreams from any portion of a user’s pretreatment facility.

2. Severe property damage means substantial physical damage to property, damage to the POTW that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

B. A user may allow any bypass to occur that does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance. These permitted bypasses are not subject to the provisions of subsections C and D of this section.

C. Bypass Notifications.

1. If a user knows in advance of the need for a bypass, it must submit prior notice to the pretreatment coordinator, at least ten days before the date of the bypass.

2. A user must submit oral notice to the pretreatment coordinator of an unanticipated bypass that exceeds applicable Pretreatment Standards within twelve hours from the time it becomes aware of the bypass.

A written submission must also be provided within five days of the time the user becomes aware of the bypass.

The written submission must contain a description of the bypass and its cause, the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

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51 D. Bypass.

1. Except as expressly provided in this chapter, bypass is prohibited, and the pretreatment coordinator may take an enforcement action against a user for a bypass, unless:
a. Bypass was required to prevent loss of life, personal injury, or substantial damage to property not belonging to the user;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during scheduled periods of equipment shut down. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during scheduled periods of equipment shutdown or preventive maintenance; and
c. The user submitted notices as required under subsection C of this section.

2. The pretreatment coordinator may give prior approval to an anticipated bypass, after considering its adverse effects, if the pretreatment coordinator determines that the bypass will meet the three conditions listed in subsection (D)(1) of this section. (Ord. 816 § 4, 2019; Ord. 757 § 13, 2010) Article 14. Charges and Fees

13.40.720 Pretreatment charges and fees.

The city may adopt by resolution reasonable fees for reimbursement of its costs of setting up and operating the city’s pretreatment program. These fees may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of sample collection and analyzing the user’s discharge, and reviewing monitoring reports and certification statements submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and construction; D. Fees for filing appeals;
E. Fees to recover administrative and legal costs reasonable and necessary for the enforcement activity taken by the pretreatment coordinator to address the user’s noncompliance; F. Other fees the city may deem necessary to carry out the requirements of this chapter; and G. Charges for industrial users may also be based on the pounds of BOD and suspended solids and any other applicable waste loadings discharged to the sewer each billing period determined in accordance with this chapter. Special charges may be made to reimburse the city for abnormal costs incurred because of other pollutants in the wastewater. Surcharges for excessive strength industrial wastewater will be established by resolution. The most recent version of the surcharges for excessive strength industrial wastewater will be available at City Hall at the city webpage (http://crescentcity.org/). (Ord. 816 § 4, 2019; Ord. 799 § 3, 2017; Ord. 757 § 15, 2010)
View the mobile version.

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APPENDIX E

OVERFLOW EMERGENCY RESPONSE PLAN
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CITY OF CRESCENT CITY

SEWER OVERFLOW EMERGENCY RESPONSE PLAN
Prepared for:

City of Crescent City
377 J Street
Crescent City, California 95531
June 2017
Prepared by:

Orrin Plocher and Stan Thiesen
of
78 Sunny Brae Center
Arcata, California 95521
Phone (707) 839-0091
Freshwater Environmental Services
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TABLE OF CONTENTS
LIST OF APPENDICES........................................................................................ ii

1.0 INTRODUCTION ............................................................................................ 1

1.1 Regulatory Requirements for the Overflow Emergency Response Plan ..... 1

1.2 Goals ........................................................................................................... 2

2.0 SSO NOTIFICATION PROCEDURE .............................................................. 3

2.1 External SSO Notification Requirements ..................................................... 3

2.2 External SSO Reporting Requirements ....................................................... 4

3.0 SSO RESPONSE PROCEDURES ................................................................. 5

3.1 Priorities ...................................................................................................... 5

3.2 Safety During Response ............................................................................. 5

3.3 Initial Response ........................................................................................... 5

3.4 Initial Spill Containment Measures .............................................................. 6

3.5 Recovery and Cleanup ................................................................................ 6

3.6 Public Notification ........................................................................................ 8

3.7 Water Quality Sampling and Testing ........................................................... 8

4.0 SSO INVESTIGATION AND DOCUMENTATION ........................................... 9

5.0 EQUIPMENT AND TRAINING ......................................................................11

5.1 Training .....................................................................................................11

5.2 Record Keeping.........................................................................................

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LIST OF APPENDICES

APPENDIX A SANITARY SEWER RESPONSE ACTION PLAN

APPENDIX B SSO RESPONSE FIRST RESPONDER FORM

APPENDIX C SSO RESPONSE REPORT FORM

APPENDIX D SSO VOLUME ESTIMATION GUIDE

APPENDIX E TRAINING DOCUMENTS
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1.0 INTRODUCTION
The purpose of the Sanitary Sewer Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for responding to, cleaning up, and reporting SSOs that may occur within the collection system service area.

1.1 Regulatory Requirements for the Overflow Emergency Response Plan The City shall develop and implement an OERP that identifies measures to protect public health and the environment. At a minimum, this plan must include the following:
 Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner;
 A program to ensure appropriate response to all overflows;  Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Adopted Amended Monitoring and Reporting Requirements State Water Resources Control Board Order Number WQ 2013-0058-EXEC. All SSOs shall be reported in accordance with this Order, the California Water Code, other State Law, and other applicable Regional Water Board WDR or National Pollution Discharge Elimination System (NPDES) permit requirements. The SSMP should identify the officials who will receive immediate notification;
 Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained;  Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and
 A program to ensure that all reasonable steps are taken to contain untreated wastewater and prevent discharge of untreated wastewater to waters of the United States and minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.

The City’s overflow response requires full, immediate, and appropriate attention with the ultimate goal of minimizing impacts to public health and safety and the environment. Telephone calls to report overflows or other maintenance problems are answered 24-hours per day, 7-days per week. Crew leaders are immediately notified upon receipt of a reported sewage overflow and are instructed to respond immediately.

Crew leaders are responsible for assessing the overflow, notifying supervisors, documenting the overflow, estimating the volume of the overflow, sampling and laboratory analysis, posting warning signs and following up. The highest priorities are to contain the overflow and to minimize or eliminate the volume of overflow that reaches the storm drain system, and to minimize or eliminate exposure to the public and impact on the public health. The city’s objectives are designed to protect public health and safety, meet all regulatory reporting requirements, and ensure immediate and effective response.

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1.2 Goals
The City’s goals with respect to responding to SSOs are:
 Respond quickly to minimize the volume of the SSO;
 Eliminate the cause of the SSO;
 Contain the spilled wastewater to the extent feasible;  Minimize public contact with the spilled wastewater;
 Mitigate the impact of the SSO; and
 Meet the regulatory reporting requirements.

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2.0 SSO NOTIFICATION PROCEDURE
The processes that are employed to notify the City of the occurrence of an SSO include:
observation by the public, receipt of an alarm, or observation by City Staff during the normal course of their work. The Sanitary Sewer Overflow and Backup Response Plan contains the procedures for receiving sewage overflow/backup reports.

Public Observation
During normal business hours calls regarding SSOs are received by the Public Works Department (707) 764-9506. Public Works personnel will contact the Utilities Director who will dispatch responders. In cases when the Wastewater Superintendent is not available, the Lead Utility Worker will be contacted who will dispatch responders.

After normal working hours calls regarding SSOs are received by the Del Norte County Sheriff's office. The Sheriff's office will contact on-call wastewater staff using the Public Works Call list. The on-call wastewater staff will be the initial responder to SSOs. If the situation warrants, additional utility workers will be contacted to respond. In complex SSOs the Utilities Director and or the Director of Public Works will be contacted for additional support and guidance. Information from the SSO and SSO response will be provided by the responders to the Utilities Manager who will make the necessary regulatory reports. The regulatory notification responsibility and requirements are included in the Sanitary Sewer Overflow and Backup Response Plan.

Receipt of Alarm
The lift stations are monitored by an alarm system with autodialer. The autodialer system calls the "call-out" phone and then the County Sheriff if there is no response.

If the signal alarm in the wastewater treatment plant control room is activated, utility staff will be dispatched as initial responders.

City Staff Observation
City staff conducts periodic inspections of its sewer system facilities as part of their routine activities. Any problems noted with the sewer system facilities are reported to appropriate City staff who respond to emergency situations.

2.1 External SSO Notification Requirements
Category 1 SSOs
Category 1 SSO less than 1,000 gallons (discharged to surface water or spilled in a location where it probably will be discharged to surface water), the Wastewater Superintendent shall immediately notify the local health officer of the discharge :

Call Del Norte County Division of Environmental Health at: (707)-445-6215.

Category 1 SSO greater than or equal to 1,000 gallons (discharged to surface water or spilled in a location where it probably will be discharged to surface water), the Wastewater Superintendent shall notify the State Office of Emergency Services (and DRAFT
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Call Cal OES at: (800) 852-7550
Cal OES forwards the SSO notification information to local government agencies and first responders including local public health officials and the applicable Regional Water Board. Receipt of notifications for a single SSO event from both the SSO reporter and Cal OES is duplicative.

2.2 External SSO Reporting Requirements
Category 1 SSO: Submit draft report within three business days of becoming aware of the SSO and certify within 15 calendar days of SSO end date.

Category 2 SSO: Submit draft report within 3 business days of becoming aware of the SSO and certify within 15 calendar days of the SSO end date.

Category 3 SSO: Submit certified report within 30 calendar days of the end of month in which SSO the occurred.

Private lateral Sewer Discharges (PLSDs): PLSDs that the enrollee becomes aware of may be voluntarily reported to the California Integrated Water Quality System (CIWQS) Online SSO Database.

SSO Technical Report: Submit within 45 calendar days after the end date of any Category 1 SSO in which 50,000 gallons or greater are spilled to surface waters. “No Spill” Certification: Certify that no SSOs occurred within 30 calendar days of the end of the month or, if reporting quarterly, the quarter in which no SSOs occurred.

Collection System Questionnaire: Update and certify every 12 months.

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3.0 SSO RESPONSE PROCEDURES
Sewer service calls and lift station alarms are considered high priority events that demand a prompt response to the location of the problem. The goals of the Sanitary Overflow and Backup Emergency Response Plan is to protect the public from hazards, identify source of overflow and determine ownership, perform cleanup and abatement, complete proper reporting procedures and provide good customer service. The Sanitary Sewer Overflow and Backup Response Plan provides detailed response procedures for the first responder and field crew responsible for identifying the source of the problem, correcting the cause of the overflow, and cleaning the surrounding area. The City has developed a Sanitary Sewer Response Action Plan (SSRAP) included in Appendix A.

The City is considering additional Response Action Plans for other SSO scenarios.

A reporting form to be completed by the first responder is included in Appendix B.

3.1 Priorities
The first responder’s priorities are:
 To follow safe work practices;
 To respond promptly with the appropriate equipment;
 To contain the spill wherever feasible;
 To restore the flow as soon as practicable;
 To minimize public access to and/or contact with the spilled sewage;  To promptly notify the Utilities Director or the Public Works Director in the event of any SSO;
 To return the spilled sewage to the sewer system; and  To restore the area to its original condition (or as close as possible).

3.2 Safety During Response
The first responder is responsible for following safety procedures on all jobs. Special safety precautions must be observed when performing sewer work.

There may be times when City personnel responding to a sewer system event are not familiar with potential safety hazards peculiar to sewer work. In such cases, it is appropriate to take the time to discuss safety issues, consider the order of work, and check safety equipment before starting the job.

The first responder must assess the scene for hazards to the responders and/or the public. After completing the job hazard analysis the responder will:
 Utilize control devices such as signs, cones, delineators, lights, barricades, when work encroaches in lane(s) of traffic, or in an area subject to pedestrian or vehicle traffic;
 Utilize Personal Protection Equipment such as gloves; hardhat; safety glasses; safety vest; and splash goggles as needed; and
 Utilize proper lifting, pulling and bending techniques when removing a sanitary sewer access cover to protect the responders back.

3.3 Initial Response
The first responder must respond to the reported location or lift station site and visually check for potential sewer stoppages or overflows. All sewer system calls require a response to the reported location of the event.

The first responder will:

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City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services  Note arrival time at spill site;
 Verify the existence of a sewer system spill or backup;  Identify and assess the affected area and extent of spill;  Contact caller if time permits; and
 Notify the Utilities Director and Director of Public Works in the event of a major SSO.

The SSO is considered major if the following conditions are present:
 The spill appears to be large, in a sensitive area, or there is doubt regarding the extent, impact, or how to proceed;
 The spill is in a public roadway and help with traffic control is needed to protect workers and the public; or
 If additional help is needed. The Utility Worker or Utilities Director will contact other employees, contractors, and/or equipment suppliers.

If spill is large or in a sensitive area, the responder will document conditions with photographs as time allows.

During the response to a major SSO City staff will need to decide whether to proceed with actions to restore the flow or to initiate containment measures. The guidance for this decision is:
 Small spills – proceed with restoring flow;
 Moderate or large spill where containment is anticipated to be simple – proceed with the containment measures; or
 Moderate or large spills where containment is anticipated to be difficult – proceed with restoring flow; however, call for additional assistance after 15 minutes without restoration of flow and implement containment measures.

3.4 Initial Spill Containment Measures
The first responder should attempt to contain the spilled sewage using the following steps:
 Determine the immediate destination of the overflowing sewage;  Plug storm drains using air plugs, sandbags, and/or plastic mats to contain the spill, whenever appropriate. If overflowing sewage has entered the storm drainage system during dry weather, attempt to contain the spilled sewage by plugging downstream storm drainage facilities;
 Contain/direct the spilled sewage using dike/dam or sandbags; and  Pump around the blockage/pipe failure/lift station.

3.5 Recovery and Cleanup
The recovery and cleanup phase begins when the flow has been restored and the overflow of sewage has been stopped. The City can use contract services for recovery and cleanup actions. Typically, the SSO recovery and cleanup procedures include an estimate of spill volume, recovery of spilled sewage and cleanup and disinfection of the area.

Estimate the Volume of Spilled Sewage
Wherever possible, document the estimate using photos of the SSO site before the recovery operation. Various detailed methods of spill volume estimating are included in (Appendix D).

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Vacuum or pump the spilled sewage and discharge it back into the sanitary sewer system.

Cleanup and Disinfection
Cleanup and disinfection procedures should be implemented to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event. The procedures described are for dry weather conditions and should be modified as required for wet weather conditions. Where cleanup is beyond the capabilities of City staff, a cleanup contractor will be used.

Cleanup Involving Private Property
 Offer assistance with cleanup and advise resident or property owner of claim procedures; and
 Contact insurance for damage assessment.

Cleanup of Hard Surface Areas
 Collect all signs of sewage solids and sewage-related material either by hand or with the use of rakes and brooms;
 Wash down the affected area with clean water until the water runs clear. Take reasonable steps to contain and vacuum up the wash water;  Disinfect all areas that were contaminated from the overflow using the disinfectant solution. Apply minimal amounts of the disinfectant solution using a hand sprayer. Document the volume and application method of disinfectant that was employed; and
 Allow area to dry. Repeat the process if additional cleaning is required.

Cleanup of Landscaped and Unimproved Natural Vegetation  Collect all signs of sewage solids and sewage-related material either by hand or with the use of rakes and brooms;
 Wash down the affected area with clean water until the water runs clear. The flushing volume should be approximately three times the estimated volume of the spill;
 Either contain or vacuum up the wash water so that none is released; and  Allow the area to dry. Repeat the process if additional cleaning is required.

Steps for Cleanup of Natural Waterways
 The Department of Fish and Game should be notified in the event an SSO impacts any surface water or riparian habitat. Fish and Game will provide the professional guidance needed to effectively cleanup spills that occur in these sensitive environments;
 Cleanup should proceed quickly in order to minimize negative impact. Sewage causes depletion of dissolved oxygen which will kill aquatic life; and  Any water that is used in the cleanup should be de-chlorinated prior to use (chlorine compounds are toxic to aquatic life).

Wet Weather Cleanup Modifications
 Omit flushing and sampling during heavy storm events with heavy runoff where flushing is not required and sampling would not provide meaningful results.

DRAFT
8 June 2017
City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services

3.6 Public Notification
Post signs and place barricades to keep vehicles and pedestrians away from contact with spilled sewage. Do not remove the signs until directed by the Director of Public Works.

Creeks and streams that have been contaminated as a result of an SSO should have signs posted at visible access locations until the risk of exposure has subsided to acceptable background levels. The warning signs should be checked every day to ensure that they are still in place.

In the event that an overflow occurs at night, the location should also be inspected the following day. The Utility Worker should look for any signs of sewage solids and sewage-related material that may warrant additional cleanup activities.

Major spills may warrant broader public notice. The Public Works Director will contact the City’s designated Information Officer who will contact local media when significant areas may have been contaminated by sewage.

3.7 Water Quality Sampling and Testing
Water quality sampling and testing is required whenever 50,000 gallons or more of spilled sewage enters surface water to determine the extent and impact of the SSO.

The water quality sampling procedures are:
 The first responder will collect samples if required. Samples should be collected as soon as possible after the discovery of the SSO event.  The water quality samples should be collected from upstream of the spill, from the spill area, and downstream of the spill in flowing water (e.g. creeks). The water quality samples should be collected near the point of entry of the spilled sewage and every 100 feet along the shore on impoundments (e.g. ponds).  The City’s laboratory and contract laboratory will analyze the samples to determine the nature and extent of the discharge. Additional samples will be taken to determine when posting of warning signs can be discontinued. The basic analyses should include total coliform, fecal coliform, biochemical oxygen demand (BOD), dissolved oxygen, and ammonia nitrogen.

DRAFT
9 June 2017
City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services

4.0 SSO INVESTIGATION AND DOCUMENTATION
All SSOs should be thoroughly investigated and documented for use in managing the sewer system and meeting established reporting requirements. The procedures for investigating and documenting SSOs include a failure analysis investigation, SSO documentation, and post-SSO debriefing.

Failure Analysis Investigation
The objective of the failure analysis investigation is to determine the “root cause” of the SSO and to identify corrective action(s) needed that will reduce or eliminate future potential for the SSO to recur.

The investigation should include reviewing all relevant data to determine appropriate corrective action(s) for the line segment. The investigation should include:
 Reviewing and completing the SSO reporting Form (Appendix C);  Reviewing past maintenance records;
 Reviewing available photographs;
 Conducting inspections to determine the condition of the line segment immediately following the SSO and reviewing the video and logs; and  Interviewing staff who responded to the spill.

The product of the failure analysis investigation should be the determination of the root cause and the identification of the corrective actions.

SSO Documentation
The first responder will complete the Sanitary Sewer Overflow Reporting Form found in the Appendix B.

The Utilities Director or Director of Public Works will prepare a file for each individual SSO. The file should include the following information:

All SSOs
 Initial service calls information;
 Sanitary Sewer Overflow Reporting Form;
 Failure analysis investigation results; and
 SWRCB California Integrated Water Quality System (CIWQS) Report(s).

Large SSOs and/or SSOs to sensitive areas
 Volume estimate;
 Appropriate maps showing the spill location;
 Photographs of spill location; and
 Water quality sampling and test results.

Post SSO Event Debriefing
Every SSO event is an opportunity to thoroughly evaluate the response and reporting procedures. Each overflow event is unique, with its own elements and challenges including volume, cause, location, terrain, and other parameters.

DRAFT
10 June 2017
City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services As soon as possible after major SSO events, all of the participants, from the person who received the call to the last person to leave the site, should meet to review the procedures used and to discuss what worked and where improvements could be made in responding to and mitigating future SSO events. The results of the debriefing will be recorded and tracked to ensure the action items are completed.

DRAFT
11 June 2017
City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services

5.0 EQUIPMENT AND TRAINING
This section provides a list of specialized equipment that is required to support this Overflow Emergency Response Plan.

Digital Cell Phones/Cameras
A digital or disposable camera is required to record the conditions upon arrival, during cleanup, and upon departure.

Utilities Trucks
Utility body pickup trucks are required to store and transport the equipment needed to effectively respond to sewer emergencies. The equipment and tools should include spilled sewage containment and cleanup materials.

Portable Pumps and Hoses
Portable pumps and piping will be used to pump around failed facilities and to recover spilled sewage. Additional portable pumps and hoses are available through local rental agencies or contractors.

Response Equipment
1 VAC-Con® truck equipped with a high-pressure rodder.
1 Dedicated logbook(s) to document fieldwork activities. 1 Hydro flusher(s) are owned and/or leased by the City. 1 Video (CCTV) inspection vehicle(s) are owned and/or leased by the City. 4 Utility truck(s) are owned and/or leased by the City. 3 portable sewage pump(s) are owned and/or leased by the City. 4 portable generator(s) are owned and/or leased by the City.

Equipment designed to block the storm drain system, in an emergency, to prevent untreated or partially treated wastewater from reaching surface waters.

Spill Response Supplies
Spill response supplies and personal protective equipment are stored at the wastewater treatment plant. Spill response supplies includes booms, pads, absorbents, brooms, rakes. Personal protective equipment including gloves, boots, and other supplies are kept with the spill response supplies so that they are easy to locate during a response

5.1 Training
This section provides information on the training that is required to support this Sanitary Sewer Overflow and Backup Response Plan. Training documents are included in Appendix E.

DRAFT
12 June 2017
City of Crescent City Sewer Overflow Emergency Response Plan Freshwater Environmental Services Initial and Annual Refresher Training
All Wastewater personnel and contractors who have a role in responding to, reporting, and/or mitigating a sewer system overflow will receive training. This includes employees who serve as the after-hours on-call maintenance crew member. All new employees and contractors receive training before they are placed in a position where they may have to respond. Current employees receive annual refresher training on this plan and the procedures to be followed.

SSO Response Drills
Periodic training drills are held to ensure that employees and contractors are up to date on the procedures, the equipment is in working order, and the required materials are readily available. The training drills should cover scenarios typically observed during sewer related emergencies (e.g. mainline blockage, mainline failure, force main failure, lift station failure, and lateral blockage). The results and the observations during the drills should be recorded and action items should be tracked to ensure completion. This training will also include desk simulation of SSO exercises to be incorporated with weekly safety and equipment training.

5.2 Record Keeping
Records should be kept of all training that is provided in support of this plan. The records for all scheduled training courses and for each overflow emergency response training event should include date, place, content, name of trainer(s), and names of attendees. Records for the SSO response training will be maintained by the City Administrator.

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APPENDIX A

SANITARY SEWER RESPONSE ACTION PLAN
DRAFT
1 Crescent City Collection Sanitary Sewer Response Action Lift Station Overflow Procedure SSRAP 001Rev. 0
Reviewed By: Date: Approved By:

Scenario: An SSO is occurring at a Lift Station
Consequence: Raw sewage spill from lift station threatens public safety and the environment
Step Instruction/Checks Checkoff Time
1 The first person to the scene will act as the Initial Responder (IR). The IR core duty is to perform initial external assessment of spill and then notify the Utility Manager (UM) or Public Works Director (PWD) and describe spill event and any related observations such as any abnormal condition or external conditions such as a power outage. . Priority one is to also identify any immediate public safety and environmental hazardous. ____ ____ 2 PWD or UM will assign Incident Commander for the event and notify the IR on the expected arrival time to the scene. Name_______________ 3 While waiting for arrival of IC personnel, the IR will restrict public access to area record times, continue to make and document observations including data criticalto estimating spill volumes. (such as height of liquid above manhole) 4 IC arrive onsite and takes over SSRAP implementation from the IR.5 IC to perform or assign person to assess spill size and path.

IC to perform initial regulatory notifications including CAL OES, RWQCB and Del Norte County Health Departed using contact numbers located on the back of this SSRAP. 6 IC Confirm onsite event responders have required PPE prior to entry into spill zone. * step may be performed prior to IC arrival onsite 7 IC to perform8 IC established ICS structure and assigns operational team (OT) to control and contain spill. Safety Officer typically will also assigned and onsite. * step may be performed prior to IC arrival onsite 9 IC direct OT, the implement control and containment activities including task such as boom containment and/or plugging storm drains. Other steps may be to restore lift station pump capacity due to ragging up or loss of power. *step may be performed prior to IC arrival onsite ____ ____ 10 IC collects or assigns a person to collect any remaining information required for SSO reporting. ____ ____ 11 IC to initiate cleanup activities once containment has been achieved. ____ ____ 12 IC to coordinate with designated SSO reporting person to complete electronic SSO report ____ ____ DRAFT

APPENDIX B

SSO RESPONSE FIRST RESPONDER FORM
DRAFT
Crescent City
Sanitary Sewer Overflow Response
First Responder Form
Fill out this form as completely as possible. Take photographs of damaged and undamaged areas.

Date: Location:

Time SSO was reported or discovered: Discovered or reported by:

Time Staff Arrived on-site: Staff Names:

Cleaning Contractor Contacted? Yes No Contractor Name:

Contractor Telephone:

Time When Called:

Source of Spill (manhole, cleanout, etc.): SSO Cause (Roots, FOG, Debris, etc.):

Approximate Amount of Spill: How was the volume calculated? Number of Pictures Taken: Photo comments.

What cleanup method was used for the spill? What cleanup equipment and materials were used for the spill?
Did any material enter a drainage channel or surface
water? Yes No
Is this the location of previous spills? Yes No
Did any material enter the storm sewer system? Yes No What efforts were used to protect storm water inlets and drainage ways?
What efforts were used to capture material from the
storm water inlet and return it to the sewer system?
DRAFT
Was all the material recovered? Yes No

APPENDIX C

SSO RESPONSE REPORT FORM
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Crescent City
Sanitary Sewer Overflow Response
Report Form
This Report is (check one):  Preliminary  Final  Revised Final

SPILL LOCATION
Spill Location Name:

GPS Latitude Coordinates: GPS Longitude Coordinates:

Street Name and Number: Street Direction (e.g., N, S, W, NE, SW, etc.):

Nearest Cross Street: City: Zip Code:

County: Spill Location Description:

SPILL DESCRIPTION
Spill Appearance Point:  Building/Structure  Force Main  Gravity Sewer  Other Sewer System Structure  Pump Station  Manhole- Structure ID#:________  Other (specify):

Did the spill reach a drainage channel and/or surface water?  Yes  No If the spill reached a storm sewer, was it fully captured and returned to the Sanitary Sewer?  Yes  No Was this spill from a service lateral?  Yes  No
If YES, name and address of facility:

Final Spill Destination:  Beach  Building structure  Other paved surface  Storm drain  Street/curb & gutter  Surface water  Unpaved surface  Other (specify):

Estimated spill volume (in gallons): Method calculated:

Est. volume of SSO recovered (gal): Were photos taken?  No  Yes – how many? Estimated volume of spill reaching surface water, drainage channel, or not recovered from a storm drain (gal):

SPILL OCCURRANCE TIME
SSO Reported to: SSO Reported by:

Phone: Estimated spill start date and time:

Date and time spill reported to sewer crew: Date and time sewer crew arrived:

Estimated spill end date and time:

Weather conditions prior 72 hours:  Sunny Weather  Cloudy Weather  Measurable Rain  Rain for Several Days
DRAFT

CAUSE OF SPILL
SSO cause (check all that apply):  Debris/Blockage  Flow exceeded capacity Grease  Operator error  Roots  Pipe problem/failure  Pump station failure  Rainfall exceeded design  Vandalism  Inflow/infiltration  Animal carcass  Electrical power failure  Bypass  Debris from laterals  Construction Debris  Other (specify):

If SSO is caused by a service lateral, please specify: This is the Owner Tenant Manager Property contact: Contact telephone:

If SSO is caused by wet weather, choose size of storm: 1-yr 2-yr 5-yr 10-yr 50-yr 100-yr >100-yr Unknown
Diameter (in inches) of pipe at point of blockage/spill cause (if applicable):

Sewer pipe material at point of blockage/spill cause (if applicable):

Description of terrain surrounding point of blockage/spill cause:  Flat  Mixed  Steep

SPILL RESPONSE
Spill response activities (check all that apply):  Cleaned up  Contained all/portion of spill  TV inspection  Restored flow  Returned all/portion of spill to sanitary sewer Other (specify):

Spill response completed (date & time): Name of impacted waters (if applicable):

Visual inspection result of impacted waters (if applicable):

Any fish killed?  Yes  No Any ongoing investigation?  Yes  No Name of impacted beach (if applicable):_____________________Were health warnings posted?  Yes  No Health warning/beach closure posting/details:

Were samples of impacted waters collected?  Yes  No
If YES, select the analyses:  DO  Ammonia  Bacteria  Other Recommended corrective actions:  Add sewer to PM Program  Adjust PM schedule  Adjust PM method  Rehab sewer  Replace sewer  Enforcement action against FOG source  Other (specify):

NOTIFICATION DETAILS
CEMA (former OES) contacted date and time (if applicable):

CEMA (former OES) Control Number (if applicable): Spoke to:

DRAFT

APPENDIX D

SSO VOLUME ESTIMATION GUIDE
DRAFT
DRAFT

SEWER SPILL

ESTIMATION
GUIDE
Developed by the Orange County
Area Waste Discharge
Requirements Steering Committee
DRAFT
Sewer Spill Estimation Guide
A Guide to Estimating Sanitary Sewer Overflow (SSO) Volumes Developed by the Orange County Area
Waste Discharge Requirements Steering Committee
Orange County, CA
February 18, 2014
Revised May 15, 2014

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 1 of 29 Acknowledgements
This Sewer Spill Estimation Guide has been compiled through the efforts of members of the Orange County Wastewater Discharge Requirements (WDR) Steering Committee. This committee was originally formed to address the requirements of the original WDR imposed by the California Regional Water Quality Board, Region 8 and later the statewide WDR imposed by the California State Water Resources Control Board. Committee members who assisted in the compilation of this Sewer Spill Estimation Guide are:

Nicholas J. Arhontes Director Orange County Sanitation District Facilities Support Services
Peggy Echavarria Executive Assistant Orange County Sanitation District Gene Estrada Environmental Program Manager City of Orange Rob Hamers District Engineer Costa Mesa Sanitary District Robert Kreg (Former) Director of Support Services South Coast Water District (Retired) Disclaimer
This Sewer Spill Estimation Guide is freely offered to agencies to assist the user with the estimation process for a sanitary sewer overflow. Methods used for spill estimation and the estimate itself are solely the responsibility of the agency making the estimate. The authors or contributors to this Sewer Spill Estimation Guide do not accept any responsibility for the spill estimation methods used; their accuracy or any spill estimate determined through the use of this guide. Information found in this guide is commonly available on the internet and is also common practice with many cities and sewering agencies throughout Southern California.

No statewide or national standards issued by a regulatory agency exist at this time.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 2 of 29 Table of Contents
Acknowledgements .............................................................................................................................1 Disclaimer ...........................................................................................................................................1 SSO Volume Estimation .....................................................................................................................3 Start Time............................................................................................................................................4 Stop Time ............................................................................................................................................4 Photographs.........................................................................................................................................5 Flow Rate ............................................................................................................................................5 Volume Estimation Methods ..............................................................................................................5 Visual or Eyeball Method ...................................................................................................................5 Measured Volume ...............................................................................................................................6 Counting Connections .........................................................................................................................8 Pick and Vent Holes in Manhole Covers ............................................................................................8 Pick and Vent Hole Estimation Chart ...............................................................................................10 Manhole Ring....................................................................................................................................12 Partially Covered Manhole ...............................................................................................................13 Open Manhole ...................................................................................................................................15 Pictorial Reference ............................................................................................................................18 City of San Diego Manhole Overflow Picture Chart ........................................................................19 SSCSC Manhole Overflow Gauge ....................................................................................................20 Gutter Flow (Simplified Version) .....................................................................................................21 Bucket Method ..................................................................................................................................22 Pipe Size............................................................................................................................................23 Metered Flow ....................................................................................................................................24 Rain Events .......................................................................................................................................25 Saturated Soils ..................................................................................................................................25 Combo Truck or Vacuum Truck Recovery ......................................................................................26 Conversion Factors ...........................................................................................................................27 Volumes Recovered with Trucks or Pumped to Tanks ....................................................................27 References .........................................................................................................................................28 Sample Worksheet ............................................................................................................................29

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 3 of 29 SSO Volume Estimation
Accurate flow estimation is essential to determine the volume of a Sanitary Sewer Overflow (SSO). An accurate estimate of an SSO is required for reporting to the California Integrated Water Quality System (CIQWS) and to the local health care agency. The estimated volume of an SSO is used to determine the category of the SSO and can also be used in the calculation of penalties or fines from the State or Regional Water Quality Control Boards in California.

Additionally, accurate flow estimation is important to determine the extent of the cleanup and its effectiveness.

Volume estimation is basically the flow rate (gallons per minute) times the amount of time (in minutes) the flow has occurred. Each SSO tends to be unique requiring different strategies for determining the volume of the SSO. Different methods can also be used for the same SSO acting as a check to ensure the most accurate estimate. The method(s) utilized will be determined by several factors including the type of SSO and the personnel responding. Some SSO volumes, due to terrain, rainfall or other factors, can be very difficult for field staff to determine and may require someone with additional expertise. There is no one method that works for all types of SSOs. The following are methods that may be utilized for SSO volume estimation. These methods are effective means of estimating a sewer spill volume during dry weather but may not be effective during rain events.

During rain events, infiltration and/or inflow into the collection system and runoff in the stormwater system, including the curb and gutter, can affect the SSO estimate. When estimating an SSO during a rain event, the SSO estimate is to include only the wastewater that left the collection system and not any waters that the wastewater comingled with after leaving the system. The same is true for any wash down water; although contaminated, the water is not considered part of the SSO estimate. Any water that infiltrated into the collection system upstream of the SSO and subsequently became part of the SSO is included in the SSO volume estimate.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 4 of 29 Start Time
Determining the start time for an SSO is one of the most critical, yet can be one of the most difficult, factors to determine. Depending upon the location and time of day, an SSO may occur for some time before it is reported to the City or Agency or it may trickle for an extended period of time before being noticed. What is known is that the SSO started some time before the City or Agency was notified. It is common for SSOs to start and stop as flows in the pipeline routinely rise and fall because most blockages do not entirely block the flow in the pipe. Every effort should be utilized to determine the most accurate start time of each SSO.

These efforts may include:
 If possible, contact the person who reported the SSO to determine when they became aware of the SSO.
 Make contact with residences or businesses in the area of the SSO to determine if there were any witnesses that could help establish the start time.  Conditions change during the SSO. This is particularly true in remote areas out of public view. Initially, there may be an amount of toilet paper and solids around the spill site. This will increase the longer the SSO continues. After a few days to a week, these may form a light brown residue that may turn dark after a few weeks to a month.

Lacking direct evidence supporting a specific start time the operator should rely upon their experience and system flow characteristics based upon observed conditions to establish a reasonable estimated start time for the event. The agency’s management staff should review the estimate before being finalized. Methods used to establish the start time should be documented.

Stop Time
The stop time is the time that wastewater stopped overflowing. For manhole covers in low areas, this is noted by water flowing back into the manhole through the vent holes and should be easy to determine by SSO response personnel. Care should be taken to accurately record the time that the SSO stopped.

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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 5 of 29 Photographs
Take photographs of the spill event. Try to include objects of known size in the photographs to give a perspective of the extent of the spill. Photographs should include the initial spill, remediation efforts, clean up, and the spill area after the spill remediation has been completed.

Photographs should be maintained with the spill report information.

Flow Rate
The flow rate is the volume of flow per unit time that is escaping from the collection system.

SSOs do not always occur at a constant rate. This is because flows into the collection system are not constant and rise and fall throughout the day. Additionally, most blockages are not full blockages. Pressure buildup as the wastewater surcharges in the pipe can cause the blockage to clear or partially clear, resulting in changes to the flow rate.

To make an SSO volume estimate as accurate as possible, the onsite City or Agency employee should note the time and the amount of change of any significant differences in flow noticed during the event. For example, if the employee determines the flow rate escaping from the manhole is 100 gallons per minute when they arrive on scene but noticed that it has dropped to 50 gallons per minute five minutes later, their report should reflect that fact. The estimated flow rate and the time period for that flow rate should be recorded. During any one SSO event there could be multiple flow rates spread over the duration of the SSO.

Volume Estimation Methods
Visual or Eyeball Method
The volume of small spills can be estimated using an “eyeball estimate.” To use this method, imagine the amount of water that would spill from a bucket or a barrel. A full bucket may contain 1, 2 or 5 gallons and a barrel contains 55 gallons when full. If the spill is larger than 55 gallons, try to divide the standing water into barrels and then multiply by 55 gallons. This method is useful for contained spills up to approximately 200 gallons. This method can be useful on spills that occur on hard surfaces such as concrete or asphalt. Crews can be trained DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 6 of 29 by estimating the volume of a measured amount of potable water spilled upon concrete and asphalt surfaces.

Measured Volume
The volume of most small spills that have been contained can be estimated using this method.

The shape, dimensions, and the depth of the contained wastewater are needed. The shape and dimensions are used to calculate the area of the spills and the depth is used to calculate the volume.

Common Shapes and Dimensions

1. Sketch the shape of the contained wastewater.

2. Measure or pace off the dimensions.

3. Measure the depth at several locations and select an average.

4. Convert the dimensions, including depth, to feet.

5. Calculate the area:

Rectangle: Area = length (feet) x width (feet)
Circle: Area = diameter (feet) x diameter (feet) x 3.14 divided by 4 Triangle: Area = base (feet) x height (feet) x 0.5

6. Multiply the area (square feet) times the depth (in feet) to obtain the volume in cubic feet.

7. Multiply the volume in cubic feet by 7.48 to convert to gallons

RECTANGLE CIRCLE TRIANGLE

LENGTH BASE
W
I
D
T
H
H
E
I
G
H
T

DIAMETER
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4 >
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 7 of 29 Not all SSOs will conform to a specific shape. When this occurs, break up the area of the SSO into various shapes or segments, then calculate the amount of wastewater spilled in each segment, adding them together to arrive at the total spill volume.

Example:

Basic spill area Basic spill area
divided into 4
geometric sections.

Determine the area of each of the geometric sections adding them all together to determine the total area of the spill.

Inch to Feet
Conversion:

Inches to Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
Measure the depth of the
SSO at various locations.

Where it is difficult to measure wet spots on asphalt, use a depth of 0.0026’or 1/32”. For wet spots on concrete use depths of 0.0013’or 1/64” for reasonable estimates.

Sample Calculation:

A 20 ft x 20 ft square wet spot on concrete equals 3.9 gal and for asphalt is 7.8 gal.

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\
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 8 of 29 Counting Connections
Once the location of the blockage has been established, the amount of the SSO could be estimated by counting the number of upstream connections. On the sewer atlas maps or GIS system, locate the pipeline where the SSO occurred. Count all of the developed parcels that are connected to the pipeline upstream of the blockage. The typical single family residential parcel may discharge 8 to 10 gallons of wastewater per hour during active times of the day.

For a multi-family residential development such as an apartment or condo complex, count each apartment as a single family residential unit. Use the higher flow number (10 gallons per hour) during typical peak flow hours and the lower flow number (8 gallons per hour) during low flow periods. Multiply the number of connections times the average flow (8 to 10 gallons per hour) times the time period (duration) that the SSO occurred.

Example for an SSO occurring on a weekday at 8:00am:

Number of upstream connections 22
Estimated flow per parcel 10 gallons per hour
Duration of SSO event 45 minutes
Total spill estimation (22 x 10 x .75) 165 gallons
(22 connections x 10 gallons per hour x 45 minutes (.75 hour) = 165 gallons) Data may be available in your drainage area from your capacity planners at your city or agency. Consult with them on reasonable flow amounts or rates of flow.

Pick and Vent Holes in Manhole Covers
Small SSOs will occur where the wastewater escaping from the manhole is isolated to the pick or vent holes in the cover. Larger SSOs may involve both the discharge from the pick and/or vent holes and the gap between the manhole cover and manhole frame. To estimate an SSO occurring from the manhole pick and vent holes, measure the height of the wastewater plume exiting the holes. Find that height and hole diameter on the manhole pick or vent hole chart to determine the flow rate escaping the pick/vent hole. Multiply the flow rate times the number of holes that are discharging wastewater. Once the total volume (gpm) has been determined, DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 9 of 29 multiply the gpm by the duration of the SSO in minutes. This will result in the total estimated gallons of the SSO.

Example: Measured height of plume exiting pick/vent hole is 1 inch from a ½-inch vent hole and there are 4 vent holes. The total volume per minute would be .94 gpm per hole (from attached chart) or 3.76 gpm total (.94 gpm x 4 holes) from the manhole cover. If the SSO lasted one hour, the total wastewater lost would be 226 gallons (3.76 x 60 = 225.6).

Number of pick holes 4
Flow from each pick hole .94 gpm
Duration of SSO 60 minutes
Total SSO volume (.94 x 4 x 60=225.6) 226 gallons
DRAFT
Height to be measured
A A A
4 A
I 4
4 * A
A
4 vs/sS/ss
A
•J
4 J
< 4
-i 4
J
J
4 4
<
4 J
4 J 4
4 J
4 4
<
J
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 10 of 29 Pick and Vent Hole Estimation Chart
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Estimated Flows thru Manhole Cover Vent Holes and Pick Holes for SSO estimating Hole Dia. Area
inches sq. ft.

Formula:
=0.785*Ax*
Ax/144
Coeff.of Vel. Coeff. Of Cont. C Water Ht Water Ht Water Ht Cv x Cc inches inches
Q Q Q
Cv Cc feet cfs gpm 9Ph
Formula:
=Ex*Bx*(S
QRT(2*32.
2*Hx))
Formula:
=lx *449
Formula:
=Gx/12
Formula:
=lx*449
Formula:
=Jx*60
Vent Hole
050 0.00136

0.00136

0.00136

0.50 0.00136

0.50 0.00136
000136
050 000136

0.50 0.00136

0.50 000136

0.50 0.00136

0.00136
0 00136
050 000136

0.50 0 00136

0.50 0.00136

0.00136

0.50 0.00136

0.00136
0 00136
000136
0945

0.945

0.945

0.945

0.945

0.945
0945

0.945

0.945

0.945

0.945
0 945

0.945
0 945

0.945

0.945

0.945

0.945
0945
0945

0.70 0662

0.662

0.662

0.662

0.662
0662
0 662

0.662

0.662

0.662

0.662
0662
0662

0.662
0 662

0.662

0.662

0.662
0 662

0.662
1/16 th
1/8 th
1/4 th
one half
3/4 ths
1 inch
1 1/4 "
1 3/8"
1 1/2"
1 5/8"
1 3/4"
2 inches
2 1/4"
2 1/2"
2 3/4"
3 inches
3 1/4"
3 1/2"
3 3/4"

4.000
0063
0 125

0.250

0.500

0.750

1.000

1.250

1.375

1.500

1.625

1.750

2.000
2250
2 500

2.750

3.000

3.250

3.500

3.750

4.000

0.005

0.010

0.021

0.042

0.063

0.083

0.104

0.115

0.125

0.135

0.146

0.167

0.188

0.208

0.229

0.250

0.271

0.292

0.313

0.333
0 0005 0.23

0.0007

0.0010

0.0015 0.66

0.0018 0.81

0.0021
0 0023 1.05
00024

0.0026 1 15

0.0027 1.20

0.0028
00030
00031

0.0033 1 48

0.0035

0.0036

0.0038 1.69

0.0039
00040
00042
14 0.50 070 0.33 20

0.50 0.70 0.47 28

0.70 40

0.70 49
0 50 0.70 0 94 56

0.70 63

0.70 1.10 66

0.70 69

0.70 72

0.50 0.70 1.24 74
0 50 0.70 1 33 80
0 70 1 41 84

0.70 89

0.70 1.56 93

0.50 0.70 1.62 97

0.70 101

0.50 0.70 1.75 105
0 50 0.70 1 82 109
0 50 0.70 1 88 113
Vent Hole

0.00307

0.00307

0.00307

0.00307

0.75 0.00307

0.00307

0.00307

0.00307
000307

0.75 0.00307

0.75 0.00307

0.00307

0.75 0.00307

0.75 0.00307

0.75 0.00307

0.00307

0.75 0.00307

0.75 0.00307

0.75 0.00307

0.75 0.00307

0.75 0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.955
0955

0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.955

0.67 0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640

0.640
0640
0640
1/16 th
1/8 th
1/4 th
one half
3/4 ths
1 inch
1 1/4 "
1 3/8"
1 1/2"
1 5/8"
1 3/4"
2 inches
2 1/4"
2 1/2"
2 3/4"
3 inches
3 1/4"
3 1/2"
3 3/4"

4.000

0.063

0.125

0.250

0.500

0.750

1.000

1.250

1.375

1.500

1.625

1.750

2.000

2.250

2.500

2.750

3.000

3.250

3.500

3.750
4 000

0.005

0.010

0.021

0.042

0.063

0.083

0.104

0.115

0.125

0.135

0.146

0.167

0.188

0.208

0.229

0.250

0.271

0.292

0.313

0.333

0.0011

0.0016

0.0023

0.0032

0.0039 1.77

0.0045 2.04
00051

0.0053 2.39

0.0056

0.0058 2.60

0.0060

0.0064

0.0068 3.06

0.0072 3.23

0.0075 3.38

0.0079

0.0082 3.68

0.0085 3.82

0.0088 3.95

0.0091

0.51 31

0.75 0.67 0.72 43

0.75 0.67 1.02 61

0.75 0.67 1.44 87

0.67 106

0.75 0.67 122

0.75 0.67 2.28 137

0.75 0.67 144

0.75 0.67 2.50 150

0.67 156

0.67 2.70 162

0.75 0.67 2.89 173

0.67 184

0.67 194

0.67 203

0.75 0.67 3.53 212

0.67 221

0.67 229

0.67 237

0.67 4.08 245
Vent Hole

0.00545

0.00545

0.00545

1.00 0.00545

0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545
1 00 0.00545

1.00 0.00545

0.00545

0.00545

1.00 0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.65 0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624
0624

0.624

0.624

0.624
1/16 th
1/8 th
1/4 th
one half
3/4 ths
1 inch
1 1/4 "
1 3/8"
1 1/2"
1 5/8"
1 3/4"
2 inches
2 1/4"
2 1/2"
2 3/4"
3 inches

0.063

0.125

0.250

0.500

0.750

1.000

1.250
1 375

1.500

1.625

1.750

2.000

2.250

2.500

2.750

3.000

0.005

0.010

0.021

0.042

0.063

0.083

0.104

0.115

0.125

0.135

0.146

0.167

0.188

0.208

0.229

0.250

0.0020 0.88

0.0028

0.0039

0.0056 2.50

0.0068 3.06

0.0079 3.54

0.0088 3.96

0.0092 4.15

0.0097 4.33

0.0100 4.51

0.0104

0.0111 5.00

0.0118

0.0125 5.59

0.0131
00136
53 1.00 0.65 1.25 75

1.00 0.65 1.77 106

0.65 150

1.00 0.65 184

0.65 212

0.65 237

0.65 249

0.65 260

0.65 271

0.65 4.68 281

0.65 300

0.65 5.31 318

0.65 336

1.00 0.65 5.87 352

1.00 0.65 6.13 368
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 11 of 29 Pick and Vent Hole Estimation Chart ‐ continued
Courtesy of OCSD: Created 5/17/99 and modified 5/15/14, as an estimating tool for field staff.

This is based on flow through orifices assumptions. Your city or agency may want to develop a similar tool.

Q=CA(2gh)^.5 Where Q=cfs C=Cv x Cc A=area(sq. ft.) g=32.2 ft/sec/sec h= water height (ft.)

DRAFT
Estimated Flows thru Manhole Cover Vent Holes and Pick Holes for SSO estimating Coeff.of Vel. Coeff. Of Cont. C Water Ht Water Ht Water Ht C v x C c Inches Inches
Hole Dia. Area
Inches sq. ft.

Formula:
=0.785*Ax*
Ax/144
Q Q Q
Cv Cc feet cfs gpm gph
Formula:
=Ex*Bx*(S
QRT(2*32.
2+Hx))
Formula:
=lx*449
Formula:
=Gx/12
Formula:
=lx*449
Formula:
=Jx*60
Vent Hole

1.00 0.00545

1.00 0.00545

1.00 0.00545

1.00 0.00545

0.960

0.960

0.960

0.960

0.65 0.624

0.624

0.624

0.624
3 1/4"
3 1/2"
3 3/4"

4.000

3.250

3.500

3.750

4.000

0.271

0.292

0.313

0.333

0.0142 6.38

0.0147 6.62

0.0153 6.85

0.0158 7.08
383

0.65 397

0.65 411

0.65 425
Pick Hole semicircular area

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

1.00 0.00273

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.960

0.65 0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624

0.624
1/16 th
1/8 th
1/4 th
one half
3/4 ths
1 inch
1-1/2 inch
2 inches
2 1/4"
2 1/2"
2 3/4"
3 inches
3 1/4"
3 1/2"
3 3/4"

4.000

0.063

0.125

0.250

0.500

0.750

1.000

1.500

2.000

2.250

2.500

2.750

3.000

3.250

3.500

3.750

4.000

0.005

0.010

0.021

0.042

0.063

0.083

0.125

0.167

0.188

0.208

0.229

0.250

0.271

0.292

0.313

0.333

0.0010

0.0014

0.0020

0.0028

0.0034

0.0039

0.0048

0.0056

0.0059

0.0062

0.0065

0.0068

0.0071
00074

0.0076

0.0079

0.44 27

0.65 0.63 38

0.65 0.89 53

0.65 1.25 75

0.65 1.53 92

0.65 1.77 106

0.65 2.17 130

0.65 2.51 150

0.65 2.66 159

0.65 2.80 168

0.65 2.94 176

0.65 3.07 184

0.65 3.19 192

0.65 3.31 199

0.65 3.43 206

0.65 3.54 213
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 12 of 29 Manhole Ring
Some manhole covers in use today typically only have one pick hole forcing most of the wastewater to escape from the perimeter of the manhole cover during higher flow SSOs. To estimate the volume in this example, measure the observed height of the wastewater plume exiting the manhole cover. Find the height and manhole diameter on the Manhole with Cover in Place to determine the flow rate escaping the manhole. The chart has two columns, one for 24-inch diameter covers and one for 36-inch diameter covers. Wastewater will also be escaping from the pick hole and must be accounted for separately by following the instructions for estimating an SSO from pick/vent hole. Multiply the flow rate times the number of holes that are discharging. The total estimated rate (gpm) is determined by adding together the rate being lost (gpm) from around the cover with the rate being lost (gpm) from the pick and/or vent hole(s). Once the total rate (gpm) has been determined, multiply the gpm by the duration of the SSO in minutes. This will result in the total estimated gallons of the SSO.

Example: The measured height of the plume exiting the ring of a 36-inch manhole is 1 inch.

The total volume per minute would be 13 gpm from around the ring of a 36-inch manhole cover (from the attached chart). (Calculate the amount exiting the pick hole(s) and add to the total being lost around the ring). If the SSO lasted one hour the total wastewater lost would be 780 gallons (13 x 60 = 780).

Estimated loss around ring (from chart) 13 gpm
Duration of SSO 60 minutes
Total SSO (without loss from pick hole) 780 gallons
(13 gal/min x 60 minutes = 780 gallons plus amount lost from pick hole(s)) DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 13 of 29 Partially Covered Manhole
Sometimes an SSO will occur that only lifts one side of the manhole cover. This is especially true of manholes where the cover is on an incline with the cover lifting on the downward side of the manhole. To estimate the volume of an SSO under these conditions, calculate the area (in square feet) from where the wastewater is escaping and the velocity (in feet per second) that the wastewater is normally traveling in the sewer at half the pipe depth. The velocity is estimated from visual observation with 2 feet/second or less being a small velocity, 4 to 5 feet/second being a medium velocity, and 7 feet/second or higher being a large velocity.

Velocities in the sewer above 7 feet/second may be strong enough to blow the manhole cover off. Higher velocities also tend to raise the manhole lid higher. Next, multiply by the duration The formula used to develop Table 1 measures the maximum height of the water coming out of the maintenance manhole above the rim. The formula was taken from Hydraulics and Its Application by A.H. Gibson (Constable & Co. Limited).

DRAFT

ESTIMATED SSO FLOW OUT OF MH WITH COVER IN PLACE
24” COVER 36” COVER
Height of
spout above
M/H rim
H in inches
Min. Sewer
size in which
these flows
are possible
Height of
spout above
M/H rim
H in inches
Min. Sewer
size in which
these flows
are possible

SSO FLOW SSO FLOW
Q Q
in qpm in MGD in qpm in MGD
1/4 1 0.001 1/4 1 0.002
1/2 3 0.004

0.008

0.013

0.018

0.024

0.030

0.037

0.045

0.054

0.065

0.077

0.092

0.107

0.125

0.145

0.166

0.189

0.214

0.240

0.266

0.294

0.322

0.352

0.382

0.412

0.444

0.476

0.509

0.543

0.578

0.613

0.649

0.686

0.723

0.761
1/2 4 0.006

0.012

0.019

0.026

0.035

0.044

0.054

0.065

0.079

0.095

0.113

0.134

0.157

0.183

0.211

0.243

0.276

0.312

0.350

0.389

0.430

0.471

0.514

0.558

0.603

0.649

0.696

0.744

0.794

0.845

0.896

0.949

1.003

1.057

1.113
3/4 6 3/4 8
1 9 1 13
1 1/4
1 1/2
1 3/4
12 1 1/4
1 1/2
1 3/4
18 16 24
21 31
2 25 2 37
2 1/4
2 1/2
2 3/4
31 2 1/4
2 1/2
2 3/4
45 38 55
45 66
3 54 3 78
3 1/4
3 1/2
3 3/4
64 3 1/4
3 1/2
3 3/4
93 75 109
87 127
4 100 4 147
4 1/4
4 1/2
4 3/4
115 4 1/4
4 1/2
4 3/4
169
131 192
148 217 6"
5 166 5 243
5 1/4
5 1/2
5 3/4
185 5 1/4
5 1/2
5 3/4
270
204 299
224 6" 327
6 244 6 357
6 1/4
6 1/2
6 3/4
265 6 1/4
6 1/2
6 3/4
387 8"
286 419
308 451
7 331 7 483
7 1/4
7 1/2
7 3/4
354 7 1/4
7 1/2
7 3/4
517
377 551
401 8” 587 10"
8 426 8 622
8 1/4
8 1/2
8 3/4
451 8 1/4
8 1/2
8 3/4
659
476 697
502 734
9 529 9 773
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 14 of 29 (in seconds) that the SSO occurred. Finally, multiply by 7.48 to determine the volume of the SSO in gallons. The formula is Volume (gallons) = Area (sq. ft.) x Velocity (ft/sec) x Time (in seconds) x 7.48 (gal/cu. ft.).

Example: The measured height of the plume exiting the side ring of a 24-inch manhole is 2 inches. Based upon the data provided in the Area Calculation Chart below, a 2-inch plume from one side of a 24-inch manhole cover provides 0.524 square feet of area. The velocity of the flow is estimated at 4 ft/sec (visual observation) with the assumed duration of the flow lasting for one hour. The total amount of the SSO is estimated at 56,441 gallons (.524 x 4 x 60 x 60 x 7.48 = 56,441)
Height of plume 2 inches
Area for 24 inch manhole 0.524 square feet
Estimated velocity 4 ft/sec
Duration of SSO 60 minutes
Conversion from cu. ft. to gallons 7.48
Total estimated SSO volume 56,441 gallons
(.524 sq. ft. x 4 ft/sec x 60 minutes x 60 sec/min x 7.48 gal/cu ft = 56,441 gal) Area Calculation Chart
Height of Flow 24 Inch Manhole 36 Inch Manhole
.5 inches 0.131 sq. ft. 0.195 sq. ft.
1 inches 0.262 sq. ft. 0.391 sq. ft.

1.5 inches 0.393 sq. ft. 0.586 sq. ft.
2 inches 0.524 sq. ft. 0.782 sq. ft.

2.5 inches 0.655 sq. ft. 0.977 sq. ft.
3 inches 0.786 sq. ft. 1.173 sq. ft.

3.5 inches 0.917 sq. ft. 1.368 sq. ft.
4 inches 1.048 sq. ft. 1.564 sq. ft.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 15 of 29 Open Manhole
In large events the force of the overflowing wastewater will have sufficient pressure and volume to unseat the cover from the frame and move the manhole cover away from the manhole. Typically, when the SSO rates reach approximately 7 cfs (approximately 3,000 gpm or about 4.32 mgd), there is sufficient flow and pressure to blow off the manhole cover. To estimate the volume of an SSO where the manhole cover has been removed, the average height of the plume of wastewater exiting the manhole must be measured. This measurement is from the pavement surface close to the manhole ring to the top of the plume. Take several measurements in several locations around the ring and average the findings. If possible, and being safe to protect yourself from the open manhole, find the average height of the plume for the size of the manhole lid (24-inch or 36-inch diameter) on the Area Calculation Chart to determine the rate of flow exiting the manhole. Multiply the flow rate expressed in gallons per minute from the chart multiplied by the duration of the SSO in minutes to determine the total volume of the SSO. A photo taken at a safe distance upon arrival may help you refine your estimate.

Example: Determine the observed height of the plume at several locations around the ring of the manhole and average the results. Determine the size of the manhole cover. If the average height of the plume exiting an open 24-inch diameter manhole is 2 inches, find 2 inches on the 24-inch Manhole Cover Removed Chart. Based upon the data provided in the Manhole Cover Removed Chart, the flow in gallons per minute would be 3,444 gpm. If the duration of the flow lasted for one hour (60 minutes), the total amount of the SSO would be estimated at 206,640 gallons (3,444 x 60 = 206,640).

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 16 of 29 Height of plume (average) on 24-inch manhole 2 inches
Estimated flow from chart 3,444 gpm
Duration of SSO 60 minutes
Estimated SSO total volume 206,640 gallons
(Est flow from chart 3,444 x 60 minutes = 206,640)

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 17 of 29

DRAFT
FSTiMATFn ssn PI nwmIT OF M/M WITM rnvFP PFMOX/FH
?A" FRAMF 3fi" FRAMF
Min. Sewer
size in which
these flows
arp nnssihlp
Water
Height above
M/H frame
M in inr.hp<;
Water
Height above
M/H frame
H in inr.hp
*
;
Min. Sewer
size in which
these flows
arp pn;« <;ihlp

S S O FLOW S S O FLOW
Q Q
in ppm in Man in qpm in Mf;n
1/8 28 0.04 1/8 49 0.07
1/4 62 0.09 1/4 111 0.16
3/8 111 0.16 3/8 187 0.27 6"
1/2 160 0.23 1/2 271 0.39
5/8 215 0.31 6" 5/8 361 0.52 8"
3/4 354 0.51 8" 3/4 458 0.66
7/8 569 0.82 10" 7/8 556 0.8 10”
1 799 1.15 12" 1 660 0.95 12"
1,035
1,340
1,660

1.986
2,396

2.799
3,132
3,444
3,750

3.986
4,215
4,437
4,569
4,687

4.799

4.910
1 1/8 1.49 1 1/8 1,035
1,486

1.49 1 1/4 1.93 15" 11/4 2.14 15"
1 3/8 2.39 1 3/8 1,951 2.81
1 1/2 2.86 1 1/2 2,424
2,903
3,382
3,917
4,458
5,000
5,556
6,118
6,764
7,403
7,972
8,521
9,062
9,604
10,139
10,625
11,097
11,569
12,035

12.486
12,861
13,076
13,285

13.486

3.49 18"
1 5/8 3.45 18" 1 5/8 4.18
1 3/4 4.03 1 3/4 4.87
1 7/8 4.51 1 7/8 5.64 21"
2 4.96 21" 2 6.42
2 1/8 5.4 21/8 7.2 24"
2 1/4 5.74 21/4 8
2 3/8 6.07 2 3/8 8.81
2 1/2 6.39 21/2 9.74
2 5/8 6.58 24" 2 5/8 10.66

11.48 12.27

13.05 13.83
2 3/4 6.75 2 3/4 30"
2 7/8 6.91 2 7/8
3 7.07 3
3 1/8
3 1/4 14.6
3 3/8 15.3 36"
3 1/2 15.98

16.66 17.33

17.98 18.52

18.83 19.13

19.42 3 5/8
3 3/4
3 7/8
4 41/8
4 1/4
4 3/8
Disclaimer:

This sanitary sewer overflow table was developed by Ed Euyen, Civil Engineer, P.E. No. 33955, California, for County Sanitation District 1. This table is provided as an example. Other Agencies may want to develop their own estimating tables.

H:\dept\fss\Common\WDR\Spill Guide…revised 051514 18 of 29 Pictorial Reference
Currently there are two picture charts being widely used to assist with estimating SSO volumes. The older chart is the city of San Diego’s Manhole Overflow Rate Chart with the newer chart being the CWEA Southern Section Collection Systems Committee (SSCSC) Manhole Overflow Gauge. Each chart is a pictorial depiction of how an overflowing manhole appears at a given flow rate. The SSCSC Manhole Overflow Gauge has an additional picture for each flow rate showing a wide angle view of the spill area. When using either of the pictorial reference charts, select which picture most accurately represents the SSO being estimated. Use the gpm of the associated picture multiplied times the duration of the SSO to determine the total spill volume. Example: If the selected picture shows 300 gpm and the duration of SSO is 55 minutes, the total estimated spill volume would be 16,500 gallons (300 gpm x 55 min).

Selected picture volume 300 gpm
Duration of SSO 55 minutes
Total estimated SSO 16,500 gallons
(300 gpm x 55 minutes = 16,500 gallons)
Note: Data was obtained at training facilities where potable water was metered and photos were taken at various flow rates.

Training facilities also exist at the Orange County Sanitation District in Fountain Valley, CA.

As a reference point, an 8-inch diameter sewer flowing half full at a velocity of 2.5 ft/sec would have a flow rate of about 192 gal/min. If fully blocked, the SSO rate would be 192 gpm. For a partial blockage, the SSO rate will be less.

Other agencies have developed above ground estimating tools such as frame and cover sets that can be pressurized using potable water and simple flow meters.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 19 of 29 City of San Diego Manhole Overflow Picture Chart
DRAFT
Reference Sheet for Estimating Sewer Spills
from Overflowing Sewer Manholes
All estimates arecalculated In gallons per minute (gpm) |Crty of San Diego
§8? Metropolitan Wastewater Department
Wastewater Collection Division
(619) 654-4160
100 gpm 1SO gpm 200 gpm
All photos were taken dnng a demonstration using metered water from a hydrantr cooperation with the City of San Diego's Water Department iev 4/99 H:\dept\fss\Common\WDR\Spill Guide…revised 051514 20 of 29 SSCSC Manhole Overflow Gauge
DRAFT
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H:\dept\fss\Common\WDR\Spill Guide…revised 051514 21 of 29 Gutter Flow (Simplified Version)
Although the traditional Manning’s Equation is used to calculate flows in open channels, this simplified version can be used to measure SSOs that are flowing in open channels such as ditches, curb and gutter, etc. and still achieve reasonable estimations. Two things need to be determined to utilize this method of spill estimation, the cross sectional area of the channel and the velocity of the flow in the channel. First, determine the cross sectional dimensions of the channel (width and depth of flow) to determine the area of the flow. Then determine the velocity of the flow in the channel. To determine the velocity, drop a small floating object (ping pong ball, leaf, small piece of wood, etc.) into the flow and time how long it takes the object to travel a measured distance. This should be practiced several times in a non-SSO situation, and averaged to determine the flow velocity. The velocity of the flow multiplied by the cross sectional area of the flow multiplied by the duration of the SSO will result in the approximate volume of the SSO.

Q = V x A
Flow (gal/min) = Velocity (ft/sec) x Area (ft2) x 7.48 gal/cu ft x 60 sec/min Example: If the cross section triangular area of the spill is calculated at .5 sq.ft. with the velocity measured at .25 ft. per second, the flow would be .125 cubic feet per second. Multiply times 449 (one cubic foot per second equals 449 gallons per minute) to determine the gallons per minute (56 gpm). If the SSO lasted for 35 minutes the total estimated spill volume would be 1,964 gallons.

DRAFT
m
-
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*
. \
Depth
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 22 of 29 Simplified Cross Section Area of the SSO
Estimated Triangular Area 0.5 square feet
Estimated Velocity .25 feet per second
Duration of the SSO 35 minutes
Gallons per minute per cubic foot per second conversion 449 Total estimated spill volume 1,964 gallons
(Area .5 sq.ft. x Est velocity .25 ft. per sec. = .125 cfs x 449 = 56 gpm x 35 minutes = 1,964 estimated gallons spilled)
Gutters on steep hillsides will flow at higher velocities. Practice your estimating on flatter areas and steeper areas of your service area.

Bucket Method
This method can be used for small spills due to partial blockages where the entire flow stream could be captured in a bucket. Estimate how many minutes it takes to fill the bucket. Dividing the volume of the bucket (in gallons) by the elapsed time to fill the bucket (in minutes). This provides the flow rate in gallons per minute (gpm). Once the gpm has been established, multiply the gpm by the total time duration in minutes of the SSO until it stopped to determine the total estimated volume of the SSO.

Example: If it takes 30 seconds (.5 minutes) to fill a 5 gallon bucket and the total spill duration was 20 minutes, the total spill volume would be 200 gallons. (5gal/.5 min = 10 gpm x 20 min = 200 gal).

Time to fill a 5 gallon bucket 30 seconds (.5 minute)
Duration of SSO 20 minutes
Estimated spill volume 200 gallons
(5 gallons every 30 seconds equals 10 gallons per minute x 20 minutes = 200 gallons) You can practice visual estimating by filling a bucket of known volume for a measured time from a garden hose.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 23 of 29 Pipe Size
To calculate an SSO based upon pipe size requires the diameter of the pipe, the depth of flow in the pipe downstream of the blockage during and after the blockage, and the flow velocity in the pipe. This method calculates the amount of flow in the pipe at the same time of the day during the blockage compared to the amount of flow normally in the pipe to determine how much flow had been lost over time.

To use this method, measure the flow depth at the nearest manhole downstream from the blockage. Record the depth reading. Once the blockage has been cleared and the flow stabilized, measure the flow depth at the same manhole as before and record the reading. The attached chart can be used on various size pipelines where the velocity is 2.0 feet per second.

Pipelines of other rates will have to be calculated.

To use the attached chart, find the depth of the flow during the blockage in column 1. Follow the row across to the diameter of the pipe where the blockage has occurred. The number listed will be the flow rate in gallons per minute for pipelines with a velocity of 2 feet per second.

Next find the flow depth after the blockage has been removed and the flow stabilized. Move across the chart to the proper pipe size and record the flow rate for a free flowing pipeline.

Subtract the flow rate from the blocked pipe from the flow rate of the free flowing pipe. The remainder will be the flow rate lost. Multiply the flow rate lost times the duration of the SSO to determine the total flow volume lost. Example: If the flow depth during the blockage of a 10-inch pipe was 1 inch, the flow rate would 25 gpm. After the blockage was cleared and the flow stabilized, the flow depth was now 5 inches then the flow rate would be 240 gpm. To determine the amount lost, subtract the gpm (pipe blocked) from the gpm (pipe cleared) (240 gpm – 25 gpm = 215gpm) leaving the flow rate of the SSO. Multiply the remaining flow rate multiplied by the duration of the SSO in minutes to estimate the total volume of the SSO.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 24 of 29 Note: The above chart is only for pipelines of the diameters shown and flowing at a velocity of

2.0 ft/sec.

Metered Flow
Estimates of the amount of wastewater spilled from a continuously metered system can be achieved utilizing upstream and downstream flow meters located close to the point where the wastewater escaped. Flow meters may be located at strategic locations throughout the wastewater collection system or at the intake or discharge of wastewater pump or lift stations.

Flow metering usually occurs on pressure systems. If a spill is suspected on a metered upstream wastewater line, check the flow meter readings for abnormalities and note the time they start. Also check the flow meter readings at the downstream flow meter. If the downstream readings are lower than usual, the difference may be the amount of wastewater being lost to a spill. Abnormal pumping cycles for pump or lift stations located downstream from the spill can also be used to estimate the volume of a spill. Portable flow meters could also be installed in gravity sewers after a SSO event to help verify average flows at various times of the day when full or partial blockages may have occurred. You should also perform DRAFT
Flow
Depth
Inches
8 “ PIPE 10” PIPE 12” PIPE 15” PIPE 18” PIPE 21” PIPE 24" PIPE 1 20 GPM 25 GPM 30 GPM 35 GPM 40 GPM 45 GPM 50 GPM
80 105 125 2 60 70 85 95
3 110 125 135 150 175 185 210
285 320 4 160 180 200 235 260
5 190 240 280 315 360 380 445
555 6 260 310 355 415 455 500
370 695 7 290 425 495 570 620
815 8 320 430 500 600 680 760
9 465 575 690 800 890 965
10 490 625 775 905 1005 1120
11 685 870 1020 1135 1275
12 715 935 1130 1260 1410
13 1020 1240 1415 1580
14 1070 1345 1520 1690 15 1105 1425 1650 1850
16 1495 1760 1990 17 1550 1880 2110
18 1595 1980 2285
19 2050 2410
20 2115 2530
21 2160 2630 22 2700 23 2765 24 2820
Note: the chart assumes V = 2.0 feet per second and n « 0.013 1 . Record the time that spill was reported.

Record the flow, in inches, downstream of the spill or blockage. Record the pipe size in inches.

Determine flow rate in gallons per minute (GPM) using chart above.

Re-establish flow and allow stabilizing. Record the time that flow stabilizes and the depth of flow, in inches. Determine flow rate using chart above.

Subtract the flow rate calculated in #2 from the flow rate calculated in #3.

Multiply the result of 4 by the minutes elapsed from notification to stopping overflow.

Report total amount in aalions on the SSO Renort.

2. 3.

4. 5.

6. H:\dept\fss\Common\WDR\Spill Guide…revised 051514 25 of 29 this on the same day of the week that the SSO occurred. This is also a good way to understand how flows will change during the day in various parts of your system.

Rain Events
Previous examples of methods throughout the document were all in dry weather situations.

Rain events cause substantial difficulties for SSO responders in establishing an accurate estimate of an SSO. Infiltration into the sewer system will increase, sometimes dramatically, the system flow including the amount of the SSO. When estimating the SSO amount during a rain event, the estimate is to include only the amount of wastewater that left the collection system (this includes any clear water inflow and/or infiltration (I&I) that entered the collection system upstream of the SSO) and not any waters that the wastewater comingled with after leaving the system. Although the comingled waters are considered contaminated by the SSO and may be involved in the cleanup, they should not be considered in the estimate of the volume of sewage spilled for the event. Consult with your city or agency management or your site-specific procedures to be used during wet weather SSOs.

Saturated Soils
Spills that have occurred on or migrated to grassy or dirt areas can be estimated if the area is dry and is not regularly irrigated like a field or dirt parking lot. This method is effective only during dry weather and not during or after a rain event. To estimate how much wastewater has been lost to the soil, first determine how many cubic feet of soil has been wetted. First determine the size of the area where the spill occurred. This is done in the same manner as for spills that occurred on hard surfaces and as discussed in the Measured Volume Method. Next determine how deep the soil has been saturated. To determine the depth of the soil saturation, dig several test holes with a round point shovel until dry soil is reached. Measure the depth of each hole and determine the average depth of the saturated soil. Multiply the area of the spill (in square feet) times the average depth of the soil saturation to determine the amount (in cubic feet) of saturated soil. Different types of soils will retain moisture in different amounts. Water will penetrate sandy soils quicker than clay soils and clay soils are capable of holding more moisture than sandy soils. Use an average of 18% moisture content when estimating the amount of wastewater that has saturated the soil.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 26 of 29 Example: If the spill was contained in a dry dirt or grassy area of 10 feet by 20 feet, the area of the spill would be 200 square feet if it was a perfect rectangle (assumed). If the wastewater penetrated the soil to an average depth of 3 inches, the total amount of saturated soil would be 50 cubic feet (10 x 20 x .25 = 50 cf.). To determine the amount of wastewater suspended in the wetted soil, multiply the 50 cubic feet times 7.48 gallons per cubic foot (50 cf x 7.48 gal/cf = 374 gallons). Next multiply the gallons times the average amount of moisture the soil can hold (use 18% as a rough estimate or calculate the soil moisture) to determine the actual estimated amount of wastewater that has saturated the soil (374 gal x .18 = 67.3 gallons of wastewater contained in the soil for the area of the spill). Add the amount of wastewater estimated to be contained in the soil with the amount of surface wastewater that was removed to achieve an estimated total amount of the wastewater spill.

Simple method to calculate soil moisture content:

Equipment needed: One coffee filter; a funnel; a graduated measuring cup; a jar or bottle.

Place the coffee filter into the funnel. Place the funnel into the mouth of the jar or bottle.

Place one cup of clean dry soil from the spill site onto the coffee filter. Pour one cup (8 ounces) of water onto the soil and allow the water to drain into the jar. Once the water has stopped dripping from the funnel, remove the funnel and measure the amount of water in the jar. The difference between the amount of water in the jar and the 8 ounces originally poured over the soil is the amount of moisture the soil retained.

Example: If six and one half ounces (6.5) remained in the jar, one and one half ounce (1.5) or

18.75% remained in the soil. The soil moisture content would be 18.75%.

Combo Truck or Vacuum Truck Recovery
When the spill is contained to a specific area and recovered by a combo or vacuum truck, the amount recovered can be used in calculating the amount of the original spill. If the spill is contained on a hard surface, estimate the total spill volume by what was captured by the combo or vacuum truck plus the amount that could not be captured. To estimate the amount not captured by the combo or vacuum truck, use the Measured Volume Method. For wet spots on concrete, use a depth of 0.0013 ft. or 1/64 inch. For wet stains on asphalt, use a depth of DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 27 of 29

0.0026 ft. or 1/32 inch. If the spill is contained on soil, use the Saturated Soils Method to determine how much of the spill soaked into the soil and add to the amount captured by the combo or vacuum truck.

Conversion Factors

1.0 cfs = .6463 mgd
One cubic foot of water (cf) = 7.48 gallons
One cubic foot of water per second (cfs) = 448.8 gallons per minute A cylinder 1 foot in diameter and one foot deep = 5.87 gallons A 1 square foot triangle 1 foot deep = 3.25 gallons
One inch or 1/12 ft = .083 feet
Volumes Recovered with Trucks or Pumped to Tanks
Level gauge on truck or
Known volume of the full tank or
Number of full tank trucks used during large SSO events Use your agency’s approved conversion factors, if available.

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 28 of 29 References
California Environmental Protection Agency
http://www.calepa.ca.gov/
State Water Resources Control Board
http://www.swrcb.ca.gov/
Sanitary Sewer Overflow (SSO) Reduction Program
http://www.swrcb.ca.gov/water_issues/programs/sso/index.shtml

DRAFT
H:\dept\fss\Common\WDR\Spill Guide…revised 051514 29 of 29 Sample Worksheet
(City or Agency Name)
SSO Volume Estimation Worksheet
SSO Address/Location: Date:

SSO Volume Method of Estimation (check appropriate box and provide appropriate information for method used below)
Pictorial Reference Flow Rate Chart (San Diego Chart CWEA Ruler ) Vent or Pick Holes Eyeball estimate
Measured volume Counting Connections Manhole Ring Partially Covered Manhole Open Manhole
Bucket Method Pipe Size Method Gutter Flow Method Metered Flow Rain Event Method
Saturated Soils Method Combo/Vacuum Truck Recovery Method Spill Start Date: Spill Start Time:

Spill End Date: Spill End Time: Total Est. Spill Volume (gal):

Provide a detailed description of the method(s) used to determine the SSO estimate. (Use additional sheets as needed)
Signed: Date:

DRAFT

APPENDIX E

TRAINING DOCUMENTS
DRAFT
Crescent City
Overflow Emergency Response Plan - Training Log
Instructions: Following annual training on the Crescent City Overflow Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
DRAFT
Crescent City
Overflow Emergency Response Plan - Training Log
Instructions: Following annual training on the Crescent City Overflow Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
DRAFT
Crescent City
Overflow Emergency Response Plan - Training Log
Instructions: Following annual training on the Crescent City Overflow Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should sign and date below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.

Training Date
Employee/ Contractor
Name Signature Comments
DRAFT
Crescent City
Overflow Emergency Response Plan - Training Test
Instructions: Following annual training on the Crescent City Overflow Emergency Response Plan, responders, staff with responsibilities within the plan, and contractors that respond to overflows should answer the questions below. Individuals are encouraged to provide any comments regarding the necessity to update or modify the plan.
1) What are the goals of the Crescent City OERP?
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 2) What are the priorities of a first responder to a SSO? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3) How do you locate the nearest stormwater inlet that could be impacted by the SSO? _____________________________________________________________________ DRAFT
4) How do you know the location of the outfall of a stormwater conduit impacted by an SSO? _____________________________________________________________________ 5) What SSOs trigger a Failure Analysis Investigation?
_____________________________________________________________________ 6) What is determined by the Failure Analysis Investigation? _____________________________________________________________________ _____________________________________________________________________ 7) Who receives a copy of the Failure Analysis Investigation report? _____________________________________________________________________ 8) Where are the materials stored for responding to an SSO? _____________________________________________________________________ 9) What conditions constitute a Category 1 SSO?
_____________________________________________________________________ 10) If a large SSO occurs and Crescent City needs outside equipment or resources who do you call? and what are their 24-hour phone numbers?
_____________________________________________________________________ DRAFT

APPENDIX F

FOG CONTROL POLICY
DRAFT
Crescent City, Fats, Oils, and Grease (FOG) Policy (2021) Policy Objectives:

To set forth policies, procedures and requirements governing the installation and maintenance of grease and oil interceptors for Food Service Establishments (FSEs).

To protect the sewer collection system from grease accumulation and blockages that may cause sanitary sewer overflows (SSOs) in violation of the cities NPDES Permit, which can create public health hazards and subject the City to administrative penalties.

Authority:

CCMC 13.40.150 “Interceptor Requirements"
CCMC 13.40.120 “Additional Pretreatment Measures”
Assigned Responsibility:

Pretreatment Coordinator or delegate.

Applicability:

This policy shall apply to all Food Service Establishments (FSEs) within the Crescent City service area.

Definitions:

Fats, Oils, and Greases (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.

Grease Interceptor: Any plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge.

A. Hydromechanical Grease Interceptor: A plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination.

1. Grease Removal Device: Any hydromechanical grease
interceptor that automatically, mechanically removes FOG from the interceptor, the control of which are either automatic or manually initiated.

2. Grease Trap: A device designed to retain grease from one to a maximum of four fixtures.

3. Trapzilla or Approved Equal: A polyethylene large capacity hydromechanical grease interceptor.

DRAFT
December 2021 Page 2 of 4 Crescent City
FOG Control Policy
B. Gravity Grease Interceptor: A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept FOG from a wastewater discharge and is identified by volume, retention time, baffles, a minimum of two compartments, a minimum total volume of 750 gallons, and gravity separation.

Gravity grease interceptors are generally installed outside.

Food Service Establishment (FSE): Those establishments primarily engaged in activities of preparing, serving, or otherwise making food available for consumption by the public. FSEs include but are not limited to restaurants, commercial kitchens, caterers, hotels, schools, hospitals, prisons, correctional facilities, and care institutions.

Best Management Practice (BMP): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to reduce the FOG discharges.

FOG Requirements:

A. All FSEs where food is being prepared or kitchenware is being washed will be evaluated by the Pretreatment Coordinator to determine the necessity of a grease interceptor and if necessary, to install an appropriate type and sized grease interceptor approved by the Pretreatment Coordinator.

B. Existing FSEs with planned plumbing improvements or tenant improvement plans subject to a building permit shall be evaluated during the building permit process and shall install an appropriately sized grease interceptor if one is not already in place. If a grease interceptor is required, these facilities shall first obtain approval of device type and size from the Public Works Director or the Pretreatment Coordinator for proper device type and size prior to receiving a building/plumbing permit.

Newly constructed FSEs shall install an appropriately sized gravity grease interceptor in conformance with California Plumbing Code (CPC) Chapter 10. All such facilities shall obtain prior approval from the Public Works Director or the Pretreatment Coordinator for sizing prior to receiving a building permit.

C. All existing food service establishments that are determined by the Public Works Director or the Pretreatment Coordinator, to have a reasonable potential to adversely impact the City’s sanitary sewer system will be required to install an appropriately sized grease interceptor or upgrade their current system to conform to the requirements of this policy. Facilities with undersized or nonfunctional grease interceptors as determined by the City will be required to install an appropriately sized grease interceptor or upgrade their current system to conform to the requirements of this policy. FSEs will be notified of their obligation to fulfill applicable requirements within 90 days or time period specified in a written notice.

Plan Review:

All building plans for the new construction of FSEs, as well as alterations of an existing FSE that require a building permit shall be approved by the Public Works Director or the Pretreatment Coordinator prior to issuance of the building permit.

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December 2021 Page 3 of 4 Crescent City
FOG Control Policy
Alternative Pretreatment Technology:

A. Devices required under this Policy shall be installed unless the Public Works Director or the Pretreatment Coordinator authorizes the installation of alternative pretreatment technology. The installation of alternative pretreatment technology will be considered where the installation of a grease interceptor is not feasible due to physical constraints or other considerations.

B. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer. All alternative pretreatment technology must be appropriately sized and approved by the Public Works Director or the Pretreatment Coordinator.

Installation Requirements:

A. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code or other codes adopted by the City of Crescent City.

B. Waste lines leading from sinks, drains, and other fixtures or equipment in FSEs where grease may be introduced into the sanitary sewer system may be required to be connected to a grease interceptor.

C. Gravity grease interceptors shall be constructed in accordance with the City Standard. The minimum size gravity grease interceptor allowed is 750 gallons. If more than one interceptor will be installed to achieve the required storage capacity, the interceptors shall be installed in series. All interceptors except the final one shall be designed as a single chamber interceptor. Gravity grease interceptors shall not be located in a food or utensil handling area.

D. Trapzilla Hydromechanical Grease Interceptors or Approved Equal shall be a minimum size of 75 gallons per minute unless specifically authorized by the Public Works Director or the Pretreatment Coordinator.

E. Grease interceptors shall be installed at a location where they are easily accessible for inspection, cleaning, and removal of intercepted grease.

F. Grease traps are not allowed in new construction and remodels unless specifically approved by the Public Works Director or the Pretreatment Coordinator. Approval shall only be granted in instances where the installation of a gravity grease interceptor, grease removal device, Trapzilla (or Approved Equal), or alternative pretreatment technology is not feasible. Grease traps shall preferably not be located, in a food or utensil handling area.

G. Sanitary wastes shall not be discharged to a grease interceptor.

H. No food waste disposal unit or dishwasher shall discharge into any hydromechanical grease interceptor.

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December 2021 Page 4 of 4 Crescent City
FOG Control Policy

1. Existing facilities with food waste disposal units that discharge to hydromechanical grease interceptors or discharge directly to the sanitary sewer shall remove the food waste disposal unit or connect it to a gravity grease interceptor with a minimum size of 1,000 gallons.

2. Existing facilities with dishwashers that discharge to hydromechanical grease interceptors shall re-route the dishwasher to discharge directly to the sanitary sewer or with the approval of the Public Works Director or the Pretreatment Coordinator may discharge to a gravity grease interceptor with a minimum size of 750 gallons.

Maintenance Requirements:

A. All grease interceptors/devices shall be maintained in efficient operating condition in conformance with City's Ordinances. Accumulated grease and sediment shall be removed as required. At a minimum gravity grease interceptors and grease traps shall be cleaned when the volume of sediment and grease equals or exceeds 25% of the total depth of the sediment, water, and grease layers.

B. Grease Removal Devices, Trapzillas (or Approved Equals), and Alternative Pretreatment Technologies shall be cleaned and maintained in accordance with the manufactures’ recommendations.

C. No collected waste shall be introduced into the sanitary sewer.

D. All grease interceptors shall be kept free of non-food waste including but not limited to grit, rocks, gravel, sand, eating utensils, cigarettes, trash, towels, and rags.

E. The addition chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives used for purposes of grease reduction to a grease interceptor is specifically prohibited.

F. If the Public Works Director or the Pretreatment Coordinator determines that a grease interceptor is not being properly cleaned and maintained, the City may mandate a maintenance program. Maintenance programs shall include but are not limited to mandatory cleaning frequencies. Facilities that fail to adhere to a mandated maintenance program may be required to install additional grease interceptors.

DRAFT

APPENDIX G

FOG PUMPING AND/OR FOG WASTE HAULING CONTRACTORS

IN DEL NORTE COUNTY
DRAFT
Fats Oils and Grease Disposal Facilities,
Del Norte County, California
Cal-Ore Grease Trap Services
2151 Northcrest Dr.

Crescent City, CA 95531
(707) 954-0422
SeQuential Pacific Biodiesel, LLC
(800) 447-3794
DRAFT

APPENDIX H

CHANGE LOG
DRAFT
Date
SSMP
Element/Section Description of Change/Revision Made Change Authorized By:

June 2017 Introduction MRP Reference change to 2013 Utilities Manager, Tom Romesberg June 2017 Introduction
Replaced geographic information with
system information from NPDES permit Utilities Manager, Tom Romesberg June 2017 Organization
Updated staff description and
organization chart Utilities Manager, Tom Romesberg
June 2017 Organization
Updated organization chart to better
represent functional areas. Utilities Manager, Tom Romesberg June 2017 Organization Updated staff contact information. Utilities Manager, Tom Romesberg June 2017 Organization
Refined job descriptions related to SSO
response Utilities Manager, Tom Romesberg
June 2017 Legal Authority
Updated statement about relationship
and contract with County CSA Utilities Manager, Tom Romesberg June 2017
Operations and
Maintenance Program Updated statement about CAD mapping Utilities Manager, Tom Romesberg June 2017
Operations and
Maintenance Program
Updated description of CCTV
inspections Utilities Manager, Tom Romesberg
June 2017
Operations and
Maintenance Program
Updated statements on inspections and
maintenance schedule Utilities Manager, Tom Romesberg
June 2017
Design and
Performance
Provisions Updated procedure for I/I Utilities Manager, Tom Romesberg June 2017
Overflow Emergency
Response Plan
Updated to reflect changes in the MRP
including reporting and notification
requirements Utilities Manager, Tom Romesberg
June 2017 Fats Oils and Greases
Updated FOG inspection description and
FOG policy Utilities Manager, Tom Romesberg
June 2017
System Evaluation and
Capacity Assurance
Updated description of capacity
enhancement projects Utilities Manager, Tom Romesberg
June 2017
Monitoring,
Measurements, and
Program Modifications Update to schedule of activities. Utilities Manager, Tom Romesberg June 2017 SSMP Program Audits Update to audit schedule Utilities Manager, Tom Romesberg November 2019 Organization
Updated staff description and
organization chart City Engineer, Jonathon Olson
December 2021 Legal Authority
Updated references to current Municipal
Code City Engineer, Jonathon Olson
December 2021 Legal Authority
Update of agreements with other
agencies. City Engineer, Jonathon Olson
December 2021
Operations and
Maintenance Program
Rehabilitation and Replacement
Program City Engineer, Jonathon Olson
December 2021 Fats Oils and Greases Update to Fats Oils and Grease Policy City Engineer, Jonathon Olson December 2021
System Evlauation and
Capacity Evaluation
and Assurance Plan
Update to Recommended Capacity
Projects City Engineer, Jonathon Olson
City of Crescent City Sewer System
DRAFT

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: JON OLSON, DIRECTOR OF PUBLIC WORKS
DATE: MARCH 7, 2022
SUBJECT: WASTEWATER INDUSTRIAL PRETREATMENT PROGRAM – UPDATE

TO LOCAL LIMITS

RECOMMENDATION
• Continue the public hearing to April 18, 2022 and direct staff to re-notice the hearing.

BACKGROUND
Staff requests continuing and re-noticing this public hearing on local limits as not all parties were given sufficient notice as required by law. Staff will publish notice of the new date for public hearing as well as provide specific notice to all parties in a timely manner.

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 7, 2022
SUBJECT: ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE

INTRODUCTION
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical question from the Council
• Receive public comment
• Council discussion
• Introduce, waive full reading, and read by title only, Ordinance No. 828, An Ordinance of the City of Crescent City Amending the Crescent City Municipal Code by Adding Chapter 8.32, Organic Waste Disposal Reduction, to Title 8, Health and Safety

BACKGROUND
From the CalRecycle Website:

In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. The new law codifies the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants. Actions to reduce short-lived climate pollutants are essential to address the many impacts of climate change on human health, especially in California's most at-risk communities, and on the environment.

As it pertains to CalRecycle, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 7, 2022
2 Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change. Organic materials--including waste that can be readily prevented, recycled, or composted--account for a significant portion of California's overall waste stream.

Food waste alone accounts for approximately 17-18 percent of total landfill disposal.

Increasing food waste prevention, encouraging edible food rescue, and expanding the composting and in-vessel digestion of organic waste throughout the state will help reduce methane emissions from organic waste disposed in California's landfills. In addition, compost has numerous benefits including water conservation, improved soil health, and carbon sequestration. Anaerobic digestion produces biogas that can be used to create electricity or renewable transportation fuels. Food rescue has the added benefit of assisting Californians who are unable to secure adequate, healthy food by diverting edible food to food banks and pantries.

SB 1383 builds upon California's leading commitments to reduce greenhouse gas emissions and air pollution statewide. Governor Brown identified reductions of shortlived climate pollutant emissions, including methane emissions, as one of five key climate change strategy pillars necessary to meet California’s target to reduce GHG emissions 40 percent below 1990 levels by 2030 as established in SB 32 (Pavley, Chapter 249, Statutes of 2016). SB 1383 will further support California’s efforts to achieve the statewide 75 percent recycling goal by 2020 established in AB 341 (Chesbro, Chapter 476, Statutes of 2011) and strengthen the implementation of mandatory commercial organics recycling established in AB 1826 (Chesbro, Chapter 727, Statutes of 2014).

The final SB 1383 Regulations require local jurisdictions to implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement. Both Del Norte County and the City of Crescent City have been granted a rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics recycling and products procurement until January 1, 2027.

Despite having received the rural exemption, the City still has mandatory responsibilities under the SB 1383 Regulations. The City has worked with Tedd Ward of the Del Norte Solid Waste Management Authority as well as Mary Pitto, an Authority consultant, to draft an ordinance that includes all of the mandatory provisions of the SB 1383 Regulations.

Mary Pitto is also assisting the Authority, the City and the County with the development of a three-party MOU that lays out the various responsibilities of each agency.

The City recently supported an application by the Authority for a CalRecycle Technical Assistance grant to develop the programs, outreach, and reporting systems to achieve compliance with the SB 1383 regulations. CalRecyle requires that the City have adopted a compliant ordinance before April 1, 2022. This agenda item is to introduce the City’s Organic Waste Disposal Reduction Ordinance. If introduced, the ordinance will be brought back to the Council on March 21st for adoption.

ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 7, 2022
3 ITEM ANALYSIS
The proposed ordinance is intended to include only mandatory provisions required by the SB 1383 regulations. A summary of those provisions is as follows:
• Recordkeeping and Reporting: various sections of the ordinance require recordkeeping and reporting.
• Education and Outreach: The City is required to (1) maintain a list of Food Recovery Organizations and Food Recovery Services operating within the City on the City’s website; (2) provide information to Commercial Edible Food Generators about the City’s Edible Food Recovery program and Food Recovery Organizations and Food Recovery Services operating within the City.
• Commercial Edible Food Generators: Tier One Commercial Edible Food Generators (Safeway, Grocery Outlet) must comply with ordinance requirements to: (1) arrange for recovery of the maximum amount of Edible food that would other wise be disposed; and (2) contract with a Food Recovery Organization or Food Recovery Service; beginning in 2023, provide an annual report to the City. • Food Recovery Organizations and Services: Food Recovery Organizations and Services are required to maintain records of their activities recovering edible food from Commercial Edible Food Generators and cooperate with the City in its food recovery capacity planning by sharing information.
• Commercial Business Recycling Requirements: commercial businesses that generate more than 4 cubic yards of solid waste per week are required to arrange for recycling services as required by the Authority’s mandatory commercial recycling program.
• CalGreen Recycling Requirements: building permits for new construction, additions and alterations are required to comply with certain sections of the CalGreen Building Standards relating to recycling and construction waste management.
• Model Water Efficient Landscaping Ordinance Requirements: adopts three specific sections of the MWELO regarding minimum requirements for the use of compost and mulch.
• Recycled Content Paper Procurement Requirements: formally adopts the sections of the Public Contract Code regarding procurement of recycled paper. • Solid Waste Facility Requirements: requires sampling and monitory of solid waste transfer/processing facilities is required to measure reduction levels is organic waste disposal.
• Inspections and Investigations: the ordinance authorizes the City to conduct inspections and investigations to determine compliance with the ordinance. • Enforcement: the ordinance sets forth enforcement provisions including fines, if necessary, to obtain compliance with the ordinance.

ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE
MARCH 7, 2022
4 It is anticipated that much of the reporting and recordkeeping, education and outreach, and program implementation will be conducted on behalf of the City by the Del Norte Solid Waste Management Authority by way of agreement. However, regardless of agreement, the City remains ultimately responsible for enforcing and complying with the provisions contained in this ordinance as required by SB 1383.

FISCAL ANALYSIS
In the near term, the adoption of this ordinance will include staff time and publication costs. The grant sought by the Authority should supply the funds needed for the initial development and startup of programs required by SB 1383. Future costs potentially include increased staff time and/or reimbursement to other agencies for the performance of functions under this ordinance and related SB 1383 Regulations.

STRATEGIC PLAN ASSESSMENT
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors.

D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs

ATTACHMENTS

1. Ordinance No. 828 (Organic Waste Disposal Reduction) _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 1 of 17
ORDINANCE NO. 828

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.32, ORGANIC WASTE DISPOSAL REDUCTION, TO TITLE 8, HEALTH AND SAFETY WHEREAS, in September 2016, Governor Brown signed Senate Bill 1383 mandating a statewide effort to reduce emissions of short-lived climate pollutants targeting a 50% reduction in organic waste disposal by 2020 and a 75% reduction by 2025 as well as a food rescue effort to recover at least 20% of disposed surplus food by 2025; and
WHEREAS, CalRecycle was tasked with adopting the regulations to achieve the goals set forth in SB 1383 (“SB 1383 Regulations”); and
WHEREAS, the final SB 1383 Regulations require local jurisdictions to implement a variety of programs, including providing mandatory organics collection services to all residents and businesses, conducting education and outreach to the community, procuring recycled organic products, establishing edible food recovery programs, securing access to recycling and food recovery capacity, and monitoring compliance and conducting enforcement; and WHEREAS, Del Norte County and the City of Crescent City have been granted a rural exemption from CalRecycle, which suspends the requirement to implement mandatory organics recycling and products procurement until January 1, 2027; and
WHEREAS, the City of Crescent City and the County of Del Norte are member agencies of the Del Norte Solid Waste Management Authority (“Authority”), a legally distinct public agency created under the Joint Exercise of Powers Act (Gov. Code § 6500 et seq.); and WHEREAS, despite the Authority’s willingness to assist in achieving compliance with the SB 1383 Regulations, there remain certain actions that the City is required to take, including the adoption of an ordinance containing the provisions set forth herein (14 CCR § 18995.1); and WHEREAS, the purpose of this Ordinance is to comply with the requirements of SB 1383 and the SB 1383 Regulations; and
WHEREAS, the adoption of this Ordinance including the requirements of SB 1383 and the SB 1383 Regulations is expressly required and permitted by SB 1383 and the SB 1383 Regulations; and
WHEREAS, in adopting the SB 1383 Regulations, CalRecycle certified a program Environmental Impact Report (EIR) and the activities to be carried out under this Ordinance are entirely within the scope of SB 1383, the SB 1383 Regulations, and that EIR; and WHEREAS, no mitigation measures identified in the EIR are applicable to the City’s enactment of this Ordinance and none of the conditions requiring a subsequent or supplemental EIR as described in Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 have occurred, and, therefore, the EIR adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 2 of 17
NOW, THERFORE, the City Council of the City of Crescent City, State of California, hereby ordains:

SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.

SECTION 2. CODE AMENDMENT. The City Council hereby amends the Crescent City Municipal Code by adding Chapter 8.32, Organic Waste Disposal Reduction, to Title 8, Health and Safety to read as follows:

8.32.010 TITLE
This Chapter may be cited as the Organic Waste Disposal Reduction Ordinance.

8.32.020 PURPOSE AND FINDINGS
The City Council of the City of Crescent City finds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.

C. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets.

D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations applicable to their jurisdiction. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 3 of 17
E. Del Norte County meets the definition of “rural jurisdiction” as defined in Section 42649.8 of the Public Resources Code and has therefore applied for the “rural exemption” in compliance with Section 18984.12 (c) of Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations” or “Regulations”). The City submitted and received approval of its Rural Exemption Application. Therefore, the City is not subject to Article 3 Organic Waste Collection Services, Section 18992.1 of Article 11 Organic Waste Capacity Planning, and Sections 18993.1 and .2 of Article 12 Procurement of Recovered Organic Waste Products through December 31, 2026. Collection of recyclables and organics may occur in exempt rural areas and that collection is not subject to SB 1383 Regulations or this ordinance unless otherwise required.

F. Crescent City is subject to providing education and outreach information to organic waste generators, enforcing certain provisions of the CALGreen Building Standards and Model Water Efficient Landscape Ordinance, implementing an edible food recovery program and edible food recovery capacity planning, procurement of paper products, facility sampling for contamination of materials, inspections and enforcement, and recordkeeping and reporting to CalRecycle in compliance with the SB 1383 Regulations.

8.32.030 DEFINITIONS
For purposes of this Chapter, the following words or phrases are defined as follows:

A. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

C. “City” means City of Crescent City, California.

D. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.

E. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

F. “Compliance Review” means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.

G. “C&D” means construction and demolition debris.

H. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

I. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 4 of 17
defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

J. “Enforcement Action" means an action of the Jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

K. “Food” has the same meaning as in Section 113781 of the Health and Safety Code. “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

L. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

M. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

N. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

O. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

P. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Q. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

R. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 5 of 17
a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

S. “Implementation Record” means the records and documentation required to be kept under Section 18995.2 of the SB 1383 Regulations.

T. “Inspection” means a site visit where a Jurisdiction or Regional Agency reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

U. “Jurisdiction” means Del Norte County.

V. “Jurisdiction Enforcement Official” means the County Administrative Officer or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance.

W. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

X. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.

For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.

Y. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

Z. “Multi-Family” or “Multi-Family Residential Dwelling” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

AA. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

BB. “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. Special District(s) located within the boundaries of the jurisdiction.

2. Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.

3. Prison(s) located within the boundaries of the Jurisdiction.

4. Facilities operated by the State Park system located within the boundaries of the Jurisdiction.

5. Public universities (including community colleges) located within the boundaries of the Jurisdiction.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 6 of 17

6. County fairgrounds located within the boundaries of the Jurisdiction.

7. State agencies located within the boundaries of the Jurisdiction.

CC. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

DD. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

EE. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

FF. “Person(s)” means any corporation, company, partnership, firm, or association as well as a natural person.

GG. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

HH. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

II. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

JJ. “Regional Agency” means the Del Norte Solid Waste Management Authority, a regional agency as defined in Public Resources Code Section 40181.

KK. “Regional Enforcement Official” means an employee of the Del Norte Solid Waste Management Authority, designated by the Jurisdiction with responsibility for enforcing any portion of the ordinance in conjunction or consultation with Jurisdiction Enforcement Official.

LL. “Reporting Authority” means either the City or another entity acting on its behalf by way of agreement, such as the Regional Agency.

MM. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

NN. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

OO. “SB 1383 Regulations” or “Regulations” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

PP. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back- _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 7 of 17
haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

QQ. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.

Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

RR. “State” means the State of California.

SS. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TT. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall automatically apply to this Chapter.

UU. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 8 of 17
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall automatically apply to this Chapter.

VV. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

8.32.040 REQUIREMENTS FOR THE RECORDKEEPING AND REPORTING

AUTHORITY
A. In conformance with Section 18995.2 of the SB 1383 Regulations, the City, Regional Agency by agreement, will store and maintain the Implementation Record for the City in the manner required in the Regulations. If the Regional Agency agrees to store and maintain the Implementation Record, then the City is responsible to provide all necessary information and records for the purpose.

B. The City, or the Regional Agency by way of agreement, shall be the Reporting Authority and shall prepare and submit the Initial Jurisdiction Compliance Report and Jurisdiction Annual Reports to CalRecycle in compliance with Sections 18994.1 and 18994.2 of the Regulations.

C. The Reporting Authority shall submit the Edible Food Recovery Capacity required reports in accordance with the schedule established in Section 18992.3 of the Regulations.

D. Upon request by a CalRecycle representative, the Reporting Authority will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code § 6250 et seq.). The Reporting Authority will also respond to a request for public records contained in the Implementation Record.

8.32.050 REQUIREMENTS FOR EDUCATION AND OUTREACH
A. A list of Food Recovery Organizations as identified in the SB 1383 Regulations at Section 18982(a)(25)(A)–(B) and Food Recovery Services operating within the City shall be maintained on the City’s website. The list shall be updated annually and include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:

1. Name and physical address.

2. Contact information.

3. Collection service area.

4. An indication of types of food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

B. At least annually the City shall:

1. Provide Commercial Edible Food Generators with the following information:
a. Information about the City’s Edible Food Recovery program established pursuant to Section 18991.1 of the Regulations.
b. Information about the Commercial Edible Food Generator requirements specified in Article 10 of Chapter 12 of the Regulations. c. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 9 of 17
d. Information about actions that Commercial Edible Food Generators can take to prevent the creation of food waste.

2. The City may provide this information by including it with regularly scheduled notices to those commercial businesses.

C. Through email, letters, or other direct communication, the City or the Regional Agency, by way of agreement, shall annually notify Tier One and Tier Two Commercial Edible Food Generators within the City of their Food Recovery requirements as established pursuant to Section 18991.3 and 18991.4 of the SB 1383 Regulations. Such notification shall include corresponding resources to assist in compliance with the applicable Food Recovery requirements.

8.32.060 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 8.32.060 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, in accordance with Section 18991.3 of the SB 1383 Regulations.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the City and/or the Regional Agency to access the premises and review records pursuant to Section 18991.4 of the Regulations.

5. Keep records that include the following information, or as otherwise specified in Section 18991.4 of the Regulations:
a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under Section 18991.3(b) of the Regulations. b. A copy of all contracts or written agreements established under Section 18991.3(b) of the Regulations.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or selfhauled. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 10 of 17
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

6. No later than March 1st of each year and commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City and/or Regional Agency, as directed by the City, that includes all information listed above in 8.32.060(C)(5).

D. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.32.070 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under Section 18991.3(b) of the SB 1383 Regulations, shall maintain the following records, or as otherwise specified by Section 18991.5(a)(1) of the Regulations:

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under Section 18991.3(b) of the Regulations, shall maintain the following records, or as otherwise specified by Section 18991.5(a)(2) of the Regulations:

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Service Organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the Food Recovery Organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to Section 18991.3(b) of the Regulations shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1st of each year.

D. Food Recovery Capacity Planning
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 11 of 17

1. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City or another entity on its behalf, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

2. The City will cooperate and coordinate with the County in its Edible Food Recovery capacity planning and reporting requirements pursuant to Section 18992.2 and 1899.2.3 of the Regulations.

8.32.080 COMMERCIAL BUSINESS RECYCLING REQUIREMENTS
A Commercial Business that generates more than four cubic yards of commercial Solid Waste per week or is a Multi-Family Residential Dwelling of five units or more shall arrange for recycling services, consistent with state laws and the Mandatory Commercial Recycling Program requirements of the Regional Agency, which shall include education, outreach to, and monitoring and enforcement of, Commercial Businesses.

8.32.090 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS A. Persons applying for a permit from the City for new construction and building additions and alterations must comply with the following required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and effective January 1, 2020, if the project is covered by the scope of CALGreen:
a. Section 4.410.2 Recycling by Occupants (Residential) b. Section 5.410.1 Recycling by Occupants (Non-Residential) c. Section 4.408.1 Construction Waste Management (Residential) d. Section 5.408.1 Construction Waste Management (Non-Residential) B. The City shall annually report to the Reporting Authority the number of projects subject to the following:

1. The adequate space requirements for recycling containers for new construction of Multi-Family Residential Dwellings and new Commercial construction and additions.

2. Requirements and applicable laws related to management of Construction and Demolition (C&D) from disposal, including tracking of C&D debris diversion and annually reporting to the Reporting Authority in compliance with SB 1383 Regulations.

8.32. 100 COMPLIANCE WITH MODEL WATER EFFICIENT LANDSCAPING

ORDINANCE REQUIREMENTS
A. The City is responsible for Model Water Efficient Landscaping Ordinance (MWELO) compliance, including the tracking and reporting of compost and mulch use requirements and annually reporting to the Reporting Authority in compliance with the SB 1383 Regulations.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 12 of 17
B. The City hereby adopts the following provisions of the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code of Regulations as amended September15, 2015:

1. Section 492.6(a)(3)(C):

For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.

2. Section 492.6(a)(3)(D):

A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

3. Section 492.6(a)(3)(G):

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

C. The provisions contained in this Section supersede any contrary requirements contained in Section 17.41.010 (Water Efficient Landscaping) of the Crescent City Municipal Code.

8.32.110 RECYCLED CONTENT PAPER PROCUREMENT REQUIREMENTS A. The City shall procure paper products, and printing and writing paper, consistent with the following:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

2. Paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published January 1, 2013, which is hereby incorporate by reference.

B. All vendors from whom the City purchases paper products and printing and writing paper must certify in writing:

1. The minimum percentage if not the exact percentage, of postconsumer material in the paper products and printing and writing paper offered or sold to the City. The certification shall be furnished under penalty of perjury in a form and manner determined by the City. The certification requirement is waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor Internet website.

2. That the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 13 of 17
Section 260.12 as published January 1, 2013, which is hereby incorporated by reference.

C. The City is responsible for tracking and reporting of procurement by each department and annually reporting to the Reporting Authority in compliance with the SB 1383 Regulations.

8.32.120 SOLID WASTE FACILITY REQUIREMENTS
The City will either perform or provide for, by way of agreement with the Regional Agency, the applicable sampling and monitoring requirements found in Article 6.0, Transfer/Processing Operations and Facilities Regulatory Requirements of Title 14, Division 7, Chapter 3 of the California Code of Regulations.

8.32.130 INSPECTIONS AND INVESTIGATIONS
A. City employees, and any entity acting on behalf of the City, are authorized to conduct Inspections and investigations, at random or otherwise, of any Commercial Businesses (including Multi-Family Residential Dwellings), property, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws, to determine compliance with this Chapter. This section does not authorize entry into the interior of a private residential property for Inspection.

B. Any Person subject to the regulations and requirements of this Chapter shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employees (or the City’s designee’s employees) during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter. Failure to provide or arrange for: (1) access to the premises that are the subject of Inspection and investigation; or (2) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein.

C. Any records obtained by the City, or any entity acting on its behalf, during its Inspections, investigations and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. The City, or any entity acting on its behalf, shall receive written complaints regarding a Person that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.32.140 ENFORCEMENT
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City. Enforcement Actions under this Chapter include the issuance of an administrative citation and assessment of a fine pursuant to the procedures contained in Chapter 1.24 of the Crescent City Municipal Code, as amended from time to time.

B. Other remedies allowed by law may also be used, including the prosecution of a civil action or criminal action as either a misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 14 of 17
violations or cumulative size of violations exist such that court action is a reasonable use of the City’s staff and resources.

C. The City is responsible for enforcement of this Chapter. The Regional Agency may make enforcement recommendations.

D. Process for Enforcement

1. The City, or Regional Enforcement Officials by agreement, will monitor compliance with this Chapter randomly and through Compliance Reviews, investigation of complaints, and an Inspection program.

2. The City may issue an official notification to notify regulated entities of their obligations under this Chapter.

3. The City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice.

4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine.

5. The Notice of Violation shall include the following information:
a. The name(s), or account names(s) if different, of each Person to whom it is directed.
b. A factual description of the violation of this Chapter, including the specific section(s) being violated.
c. A compliance date by which the person or entity is to take specified action(s).
d. The penalty for not complying within the specified compliance date.

6. The City may extend compliance deadlines set forth in a Notice of Violation if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:
a. Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;
b. Delays in obtaining discretionary permits or other government agency approvals; and
c. Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the City/County is under a Corrective Action Plan pursuant to Section 18996.2 of the Regulations due to those deficiencies.

E. Penalty Amounts for Types of Violations
The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.

2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

F. Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

1. The nature, circumstances, and severity of the violation(s).

2. The violator’s ability to pay.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 15 of 17

3. The willfulness of the violator's misconduct.

4. Whether the violator took measures to avoid or mitigate violations of this Chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

G. Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the procedures described in Chapter 1.24 of the Crescent City Municipal Code.

H. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City, or the Regional Agency by way of agreement, will conduct Inspections and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City or Regional Agency determines that a Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing the entity’s obligations under this Chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Enforcement Table
The following is a list of potential violations for entities subject to this Chapter.

Table 1. List of Violations
Requirement Description of Violation
Commercial Edible Food
Generator Requirement
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2022.

Commercial Edible Food
Generator Requirement
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply with
this Section commencing Jan. 1, 2024.

Commercial Edible Food
Generator Requirement
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food
Recovery Service.

Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 16 of 17
Recordkeeping Requirements
for Commercial Edible Food
Generator
Tier One or Tier Two Commercial Edible Food Generator
fails to keep records, as prescribed by Section 8.32.060.

Recordkeeping Requirements
for Food Recovery Services
and Food Recovery
Organizations
A Food Recovery Organization or Food Recovery Service
that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section
18991.3(b) fails to keep records, as prescribed by Section

8.32.070.

Commercial Business and
Commercial Business Owner
Responsibility Requirement
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with City
requirements for employees, contractors, tenants, and
customers, including supplying and allowing access to
adequate numbers, size, and location of containers and
sufficient signage.

Facility Sampling and
Monitoring
Solid Waste Facilities fail to conduct required sampling and monitoring.
***END TEXT AMENDMENT***
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this ordinance to have a significant effect on the environment.

SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933. _____________________________________________________________________________________ City of Crescent City Ordinance No. 828 Page 17 of 17
INTRODUCED at a meeting of the City Council of the City of Crescent City held on March ____, 2022.

PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this ____ day of March, 2022 by the following polled vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jason Greenough, Mayor
ATTEST:

Robin Patch, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: MARCH 7, 2022
SUBJECT: LETTERS OF SUPPORT FOR S. 1538 (EXPANSION OF SMITH RIVER NATIONAL RECREATION AREA) AND H.R. 980 (SW OREGON

MINERAL WITHDRAWAL)
______________________________________________________________________

RECOMMENDATION
• Hear staff report / presentation from Grant Werschkull of Smith River Alliance • Technical questions from Council
• Receive public comment
• Further Council discussion
• Possible action(s):
o Authorize the Mayor to sign letter(s) of support for S 1538: The Smith River National Recreation Area Expansion Act
o Authorize the Mayor to sign a letter of support for HR 980: The Southwestern Oregon Watershed and Salmon Protection Act

BACKGROUND
Grant Werschkull, Co-Executive Director of Smith River Alliance has requested that the City Council consider writing letters of support for the Smith River National Recreation Area Expansion Act and the Southwestern Watershed and Salmon Protection Act.

ITEM ANALYSIS
➢ The Smith River National Recreation Area Expansion Act (S. 1538) Senate bill 1538, the Smith River National Recreation Area Expansion Act is sponsored by Sen. Jeff Merkley of Oregon and co-sponsored by Senators Feinstein and Padilla of California and Sen. Ron Wyden of Oregon. The bill was introduced May 10, 2021. This SUPPORT LETTERS FOR S 1538 AND HR 980
MARCH 7, 2022
2 bill would expand the Smith River National Recreation Area into southern Oregon by adding approximately 58,000 acres that are currently part of the Rogue River-Siskiyou National Forest. This area encompasses the Oregon headwaters of the North Fork Smith River. The Smith River National Recreation Area (“Smith River NRA”) was established in 1990 for the “purposes of ensuring the preservation, protection, enhancement, and interpretation for present and future generations of the Smith River watershed’s outstanding wild and scenic rivers, ecological diversity, and recreation opportunities while providing for the wise use and sustained productivity of its natural resources.” 16 USC 460bbb-2(a).

The proposed legislation would also add the North Fork Smith River in Oregon to the list of rivers in the Smith River NRA that are designated for one-quarter mile of streamside protection, in which timber harvest would be prohibited with exceptions (e.g., when necessary for human health and safety, to maintain trails or existing roads, for the development of recreation or other facilities, for the protection of the recreation area in the event of fire, or to improve fish and wildlife habitat – see 16 USC 460bbb-3(a)(7)).

The bill would also amend the Wild and Scenic Rivers Act to designate 75 miles of tributaries of the North Fork Smith River as “wild and scenic” under the Act. The North Fork Smith River itself is already designated as “wild and scenic”. Wild and scenic rivers and the adjacent lands are required to be managed in a way that preserves their outstanding resource values. Many uses may continue in designated areas, however, construction of dams and other instream activities that would harm the river’s free-flowing condition, water quality, or outstanding resource values are prohibited. The designation does not affect existing water rights or the existing jurisdiction of state and federal governments over waters as determined by established principles of law.

The proposed legislation also directs the USDA to negotiate memoranda of understanding with affected Indian Tribes to: (1) provide the Tribe’s with access to areas with historical and/or cultural importance; and (2) to develop interpretive information to be provided to the public on the history and use of the areas by the Tribe(s).

The proposed legislation has received letters of support from the Del Norte County Board of Supervisors, the Curry County Board of Commissioners, the Crescent City-Del Norte Chamber of Commerce, Elk Valley Rancheria, Green Diamond Resource Company, Big Rock CSD, Gasquet CSD, and David Brock Smith, Oregon State Representative for Curry, and parts of Coos, Douglas and Josephine Counties.

SUPPORT LETTERS FOR S 1538 AND HR 980
MARCH 7, 2022
3 ➢ The Southwestern Oregon Watershed and Salmon Protection Act (H.R. 980) House Resolution 980, the Southwestern Oregon Watershed and Salmon Protection Act was passed by the US House of Representatives on February 26, 2022. The bill is sponsored by Representative Peter DeFazio (OR) and co-sponsored by Representative Jared Huffman (CA). HR 980 amends House Bill 803, the Protect America’s Wilderness and Public Lands Act, by proposing to make permanent a temporary 20-year withdrawal of specified federal land in Curry and Josephine Counties in Oregon from (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws.

These withdrawals will not affect valid existing rights.

The land subject to the abovementioned restrictions are those lands identified in the Hunter Creek and Pistol River Headwaters Withdrawal Proposal Map dated January 12, 2015 and the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal dated January 12, 2015, including any land acquired by the federal government within the identified area after the date of enactment.

The bill also specifically provides that this Act will not restrict recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on federal lands in accordance with applicable law as of the date of enactment.

The bill will now go the Senate for consideration where Oregon Senators Merkley and Wyden will support its passage.

This bill has received letters of support from the Del Norte County Board of Supervisors, the Curry County Board of Commissioners, Gold Beach City Council, and the Cave Junction City Council. Additionally, the following organizations and agencies have expressed support for the temporary and/or permanent withdrawal of the subject lands from mining activities without expressly mentioning HR 980: CA North Coast Regional Water Quality Control Board, Big Rock CSD, Gasquet CSD, Pacific Coast Federation of Fishermen’s Associations, Elk Valley Rancheria, Tolowa Dee-ni’ Nation, Confederated Tribes of the Siletz, Crescent City City Council, CA Dept. of Fish and Wildlife, Redwood National and State Parks, U.S. Fish and Wildlife Service, and numerous local businesses, nonprofit organizations, and chambers of commerce.

The bill has received opposition from the Josephine County Board of Commissioners citing the development of mines on public lands as an economic opportunity.

SUPPORT LETTERS FOR S 1538 AND HR 980
MARCH 7, 2022
4 FISCAL ANALYSIS
Authorizing one or more letters of support as requested has no direct fiscal impact.

STRATEGIC PLAN ASSESSMENT
The Council’s consideration of this action is consistent with Strategic Plan Goal 1: Support Quality Services, Community Safety, and Health to Enhance the Quality of Life and Experience of Our Residents and Visitors.

ATTACHMENTS

1. S 1538: Draft Letter of Support

2. S 1538: Text of bill

3. S 1538: Map of Smith River National Recreation Area proposed expansion area

4. HR 980: Draft Letter of Support

5. HR 980: Text of bill

6. HR 980: Map of Hunter Creek and Pistol River Headwaters proposed withdrawal area

7. HR 980: Map of Rough and Ready Creek and Baldface Creek Headwaters proposed withdrawal area
March 7, 2022
The Honorable Senator Jeff Merkley
531 Hart Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Ron Wyden
221 Dirksen Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Dianne Feinstein
331 Hart Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Alex Padilla
112 Hart Senate Office Bldg.

Washington, D.C. 20510
RE: Support for the Smith River National Recreation Area Expansion Act (S. 1538) Dear Senators Merkley, Wyden, Feinstein and Padilla:

Over the last several years the City of Crescent City has stated its opposition to any activities that could be detrimental to the water quality of the Smith River. The Smith River is the community’s water source and provides high quality drinking water for our residents, as well as thousands of visitors year-round. In addition to providing drinking water to the City’s municipal water users, the Smith River also offers a multitude of recreational activities including kayaking, rafting, swimming, and fishing. The Smith River and its tributaries support a world-class fishery including salmon, steelhead, and cutthroat trout. These recreational opportunities are enjoyed and valued by local residents --- and they are also central to the region’s tourist industry.

Accordingly, the City Council City of Crescent City is pleased to support the subject legislation to expand the Smith River National Recreation Area.

Thank you for your years of work to advance this important legislation which protects water supplies in our bioregion and our travel and tourism-based economies. Please contact us if you have questions.

Sincerely,
Jason Greenough, Mayor
cc: The Honorable Jared Huffman
1527 Longworth House Office Bldg.

Washington, D.C. 20515
The Honorable Peter DeFazio
2134 Rayburn Office Bldg.

Washington, D.C. 20515
m I City of Crescent City
*
] Where the Redw oods Meet the Sea
377 J Street. Crescent City, CA 95531 • 707.464.7483 • Fax 707.465.4405 • www.crcsccntcih .org II
117TH CONGRESS
1ST SESSION S. 1538
To amend the Smith River National Recreation Area Act to include certain additions to the Smith River National Recreation Area, to amend the Wild and Scenic Rivers Act to designate certain wild rivers in the State of Oregon, and for other purposes.

IN THE SENATE OF THE UNITED STATES
MAY 10, 2021
Mr. MERKLEY (for himself, Mr. WYDEN, Mr. PADILLA, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Smith River National Recreation Area Act
to include certain additions to the Smith River National Recreation Area, to amend the Wild and Scenic Rivers
Act to designate certain wild rivers in the State of Oregon, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Smith River National
5 Recreation Area Expansion Act’’.

VerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
2 •S 1538 IS
1 SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL
2 RECREATION AREA.
3 (a) DEFINITIONS.—Section 3 of the Smith River Na4 tional Recreation Area Act (16 U.S.C. 460bbb–1) is 5 amended—
6 (1) in paragraph (1), by striking ‘‘referred to in
7 section 4(b)’’ and inserting ‘‘entitled ‘Proposed
8 Smith River National Recreation Area’ and dated
9 July 1990’’; and
10 (2) in paragraph (2), by striking ‘‘the Six Riv11 ers National Forest’’ and inserting ‘‘an applicable 12 unit of the National Forest System’’.
13 (b) BOUNDARIES.—Section 4(b) of the Smith River
14 National Recreation Area Act (16 U.S.C. 460bbb–2(b)) 15 is amended—
16 (1) in paragraph (1)—
17 (A) in the first sentence, by inserting ‘‘and
18 on the map entitled ‘Proposed Additions to the
19 Smith River National Recreation Area’ and
20 dated November 14, 2019’’ after ‘‘1990’’; and
21 (B) in the second sentence, by striking
22 ‘‘map’’ and inserting ‘‘maps’’; and
23 (2) in paragraph (2), by striking ‘‘map’’ and in24 serting ‘‘maps described in paragraph (1)’’.

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3 •S 1538 IS
1 (c) ADMINISTRATION.—Section 5 of the Smith River
2 National Recreation Area Act (16 U.S.C. 460bbb–3) is
3 amended—
4 (1) in subsection (b)—
5 (A) in paragraph (1), in the first sentence,
6 by striking ‘‘the map’’ and inserting ‘‘the
7 maps’’; and
8 (B) in paragraph (2)—
9 (i) in subparagraph (A), by striking
10 ‘‘area shall be on’’ and inserting ‘‘area and
11 any portion of the recreation area in the
12 State of Oregon shall be on roadless’’; and
13 (ii) by adding at the end the fol14 lowing:
15 ‘‘(I) The Kalmiopsis Wilderness shall be
16 managed in accordance with the Wilderness Act
17 (16 U.S.C. 1131 et seq.).’’;
18 (2) in subsection (c), by striking ‘‘by the
19 amendments made by section 10(b) of this Act’’ and
20 inserting ‘‘within the recreation area’’; and
21 (3) by adding at the end the following:
22 ‘‘(d) STUDY; REPORT.—
23 ‘‘(1) IN GENERAL.—Not later than 5 years
24 after the date of enactment of this subsection, the
25 Secretary shall conduct a study of the area depicted VerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
4 •S 1538 IS
1 on the map entitled ‘Proposed Additions to the
2 Smith River National Recreation Area’ and dated
3 November 14, 2019, that includes inventories and
4 assessments of streams, fens, wetlands, lakes, other
5 water features, and associated land, plants (includ6 ing Port-Orford-cedar), animals, fungi, algae, and 7 other values, and unstable and potentially unstable
8 aquatic habitat areas in the study area.
9 ‘‘(2) MODIFICATION OF MANAGEMENT PLANS;
10 REPORT.—On completion of the study under para11 graph (1), the Secretary shall— 12 ‘‘(A) modify any applicable management
13 plan to fully protect the inventoried values
14 under the study, including to implement addi15 tional standards and guidelines; and 16 ‘‘(B) submit to Congress a report describ17 ing the results of the study.’’; 18 ‘‘(e) WILDFIRE MANAGEMENT.—Nothing in this Act
19 affects the authority of the Secretary (in cooperation with 20 other Federal, State, and local agencies, as appropriate) 21 to conduct wildland fire operations within the recreation 22 area, consistent with the purposes of this Act.
23 ‘‘(f) VEGETATION MANAGEMENT.—Nothing in this
24 Act prohibits the Secretary from conducting vegetation 25 management projects (including wildfire resiliency and VerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
5 •S 1538 IS
1 forest health projects) within the recreation area, to the 2 extent consistent with the purposes of the recreation area. 3 ‘‘(g) APPLICATION OF NORTHWEST FOREST PLAN
4 AND ROADLESS RULE TO CERTAIN PORTIONS OF THE
5 RECREATION AREA.—Nothing in this Act affects the ap6 plication of the Northwest Forest Plan or part 294 of title 7 36, Code of Federal Regulations (commonly referred to 8 as the ‘Roadless Rule’) (as in effect on the date of enact9 ment of this subsection), to portions of the recreation area 10 in the State of Oregon that are subject to the plan and 11 those regulations as of the date of enactment of this sub12 section. 13 ‘‘(h) PROTECTION OF TRIBAL RIGHTS.—
14 ‘‘(1) IN GENERAL.—Nothing in this Act dimin15 ishes any right of an Indian Tribe. 16 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The
17 Secretary shall seek to enter into a memorandum of
18 understanding with applicable Indian Tribes with re19 spect to— 20 ‘‘(A) providing the Indian Tribes with ac21 cess to the portions of the recreation area in 22 the State of Oregon to conduct historical and
23 cultural activities, including the procurement of
24 noncommercial forest products and materials
25 for traditional and cultural purposes; and
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6 •S 1538 IS
1 ‘‘(B) the development of interpretive infor2 mation to be provided to the public on the his3 tory of the Indian Tribes and the use of the 4 recreation area by the Indian Tribes.’’.
5 (d) ACQUISITION.—Section 6(a) of the Smith River
6 National Recreation Area Act (16 U.S.C. 460bbb–4(a))
7 is amended—
8 (1) in the fourth sentence, by striking ‘‘All
9 lands’’ and inserting the following:
10 ‘‘(4) APPLICABLE LAW.—All land’’;
11 (2) in the third sentence—
12 (A) by striking ‘‘The Secretary’’ and in13 serting the following:
14 ‘‘(3) METHOD OF ACQUISITION.—The Sec15 retary’’;
16 (B) by striking ‘‘or any of its political sub17 divisions’’ and inserting ‘‘, the State of Oregon, 18 or any political subdivision of the State of Cali19 fornia or the State of Oregon’’; and 20 (C) by striking ‘‘donation or’’ and insert21 ing ‘‘purchase, donation, or’’; 22 (3) in the second sentence, by striking ‘‘In exer23 cising’’ and inserting the following:
24 ‘‘(2) CONSIDERATION OF OFFERS BY SEC25 RETARY.—In exercising’’; VerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
7 •S 1538 IS
1 (4) in the first sentence, by striking ‘‘The Sec2 retary’’ and inserting the following:
3 ‘‘(1) IN GENERAL.—The Secretary’’; and
4 (5) by adding at the end the following:
5 ‘‘(5) ACQUISITION OF CEDAR CREEK PARCEL.—
6 On the adoption of a resolution by the State Land
7 Board of Oregon and subject to available funding,
8 the Secretary shall acquire all right, title, and inter9 est in and to the approximately 555 acres of land 10 known as the ‘Cedar Creek Parcel’ located in sec.
11 16, T. 41 S., R. 11 W., Willamette Meridian.’’.
12 (e) FISH AND GAME.—Section 7 of the Smith River
13 National Recreation Area Act (16 U.S.C. 460bbb–5) is 14 amended—
15 (1) in the first sentence, by inserting ‘‘or the
16 State of Oregon’’ after ‘‘State of California’’; and 17 (2) in the second sentence, by inserting ‘‘or the
18 State of Oregon, as applicable’’ after ‘‘State of Cali19 fornia’’. 20 (f) MANAGEMENT PLANNING.—Section 9 of the
21 Smith River National Recreation Area Act (16 U.S.C.
22 460bbb–7) is amended—
23 (1) in the first sentence, by striking ‘‘The Sec24 retary’’ and inserting the following:

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8 •S 1538 IS
1 ‘‘(a) REVISION OF MANAGEMENT PLAN.—The Sec2 retary’’; and 3 (2) by adding at the end the following:
4 ‘‘(b) SMITH RIVER NATIONAL RECREATION AREA
5 MANAGEMENT PLAN REVISION.—As soon as practicable
6 after the date of the first revision of the forest plan after 7 the date of enactment of this subsection, the Secretary 8 shall revise the management plan for the recreation
9 area—
10 ‘‘(1) to reflect the expansion of the recreation
11 area into the State of Oregon under the Smith River
12 National Recreation Area Expansion Act; and
13 ‘‘(2) to include an updated recreation action
14 schedule to identify specific use and development
15 plans for the areas described in the map entitled
16 ‘Proposed Additions to the Smith River National
17 Recreation Area’ and dated November 14, 2019.’’.
18 (g) STREAMSIDE PROTECTION ZONES.—Section
19 11(b) of the Smith River National Recreation Area Act 20 (16 U.S.C. 460bbb–8(b)) is amended by adding at the end 21 the following:
22 ‘‘(24) Each of the river segments described in
23 subparagraph (B) of section 3(a)(92) of the Wild
24 and Scenic Rivers Act (16 U.S.C. 1274(a)(92)).’’.

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9 •S 1538 IS
1 (h) STATE AND LOCAL JURISDICTION AND ASSIST2 ANCE.—Section 12 of the Smith River National Recre3 ation Area Act (16 U.S.C. 460bbb–9) is amended— 4 (1) in subsection (a), by striking ‘‘California or
5 any political subdivision thereof’’ and inserting
6 ‘‘California, the State of Oregon, or a political sub7 division of the State of California or the State of Or8 egon’’; 9 (2) in subsection (b), in the matter preceding
10 paragraph (1), by striking ‘‘California or its political 11 subdivisions’’ and inserting ‘‘California, the State of 12 Oregon, or a political subdivision of the State of
13 California or the State of Oregon’’; and
14 (3) in subsection (c), in the first sentence—
15 (A) by striking ‘‘California and its political
16 subdivisions’’ and inserting ‘‘California, the
17 State of Oregon, and any political subdivision of
18 the State of California or the State of Oregon’’;
19 and
20 (B) by striking ‘‘State and its political
21 subdivisions’’ and inserting ‘‘State of Cali22 fornia, the State of Oregon, and any political 23 subdivision of the State of California or the
24 State of Oregon’’.

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10 •S 1538 IS
1 SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
2 (a) NORTH FORK SMITH ADDITIONS, OREGON.—
3 (1) FINDING.—Congress finds that the source
4 tributaries of the North Fork Smith River in the
5 State of Oregon possess outstandingly remarkable
6 wild anadromous fish and prehistoric, cultural, bo7 tanical, recreational, and water quality values. 8 (2) DESIGNATION.—Section 3(a)(92) of the
9 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92))
10 is amended—
11 (A) in subparagraph (B), by striking ‘‘sce12 nic’’ and inserting ‘‘wild’’; 13 (B) by redesignating subparagraphs (A)
14 through (C) as clauses (i) through (iii), respec15 tively, and indenting appropriately; 16 (C) in the matter preceding clause (i) (as
17 so redesignated), by striking ‘‘The 13-mile’’ and
18 inserting the following:
19 ‘‘(A) IN GENERAL.—The 13-mile’’; and
20 (D) by adding at the end the following:
21 ‘‘(B) ADDITIONS.—The following segments
22 of the source tributaries of the North Fork
23 Smith River, to be administered by the Sec24 retary of Agriculture in the following classes:
25 ‘‘(i) The 13.26-mile segment of
26 Baldface Creek from its headwaters, inVerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
11 •S 1538 IS
1 cluding all perennial tributaries, to the
2 confluence with the North Fork Smith in
3 T. 39 S., R 10 W., T. 40 S., R. 10 W.,
4 and T. 41 S., R. 11 W., Willamette Merid5 ian, as a wild river. 6 ‘‘(ii) The 3.58-mile segment from the
7 headwaters of Taylor Creek to the con8 fluence with Baldface Creek, as a wild 9 river.
10 ‘‘(iii) The 4.38-mile segment from the
11 headwaters of the unnamed tributary to
12 Biscuit Creek and the headwaters of Bis13 cuit Creek to the confluence with Baldface 14 Creek, as a wild river.
15 ‘‘(iv) The 2.27-mile segment from the
16 headwaters of Spokane Creek to the con17 fluence with Baldface Creek, as a wild 18 river.
19 ‘‘(v) The 1.25-mile segment from the
20 headwaters of Rock Creek to the con21 fluence with Baldface Creek, flowing south 22 from sec. 19, T. 40 S., R. 10 W., Willam23 ette Meridian, as a wild river. 24 ‘‘(vi) The 1.31-mile segment from the
25 headwaters of the unnamed tributary numVerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
12 •S 1538 IS
1 ber 2 to the confluence with Baldface
2 Creek, flowing north from sec. 27, T. 40
3 S., R. 10 W., Willamette Meridian, as a
4 wild river.
5 ‘‘(vii) The 3.6-mile segment from the
6 2 headwaters of the unnamed tributary
7 number 3 to the confluence with Baldface
8 Creek, flowing south from secs. 9 and 10,
9 T. 40 S., R. 10 W., Willamette Meridian,
10 as a wild river.
11 ‘‘(viii) The 1.57-mile segment from
12 the headwaters of the unnamed tributary
13 number 4 to the confluence with Baldface
14 Creek, flowing north from sec. 26, T. 40
15 S., R. 10 W., Willamette Meridian, as a
16 wild river.
17 ‘‘(ix) The 0.92-mile segment from the
18 headwaters of the unnamed tributary num19 ber 5 to the confluence with Baldface 20 Creek, flowing north from sec. 13, T. 40
21 S., R. 10 W., Willamette Meridian, as a
22 wild river.
23 ‘‘(x) The 4.90-mile segment from the
24 headwaters of Cedar Creek to the conVerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
13 •S 1538 IS
1 fluence with North Fork Smith River, as a
2 wild river.
3 ‘‘(xi) The 2.38-mile segment from the
4 headwaters of Packsaddle Gulch to the
5 confluence with North Fork Smith River,
6 as a wild river.
7 ‘‘(xii) The 2.4-mile segment from the
8 headwaters of Hardtack Creek to the con9 fluence with North Fork Smith River, as a 10 wild river.
11 ‘‘(xiii) The 2.21-mile segment from
12 the headwaters of the unnamed creek to
13 the confluence with North Fork Smith
14 River, flowing east from sec. 29, T. 40 S.,
15 R. 11 W., Willamette Meridian, as a wild
16 river.
17 ‘‘(xiv) The 3.06-mile segment from
18 the headwaters of Horse Creek to the con19 fluence with North Fork Smith River, as a 20 wild river.
21 ‘‘(xv) The 2.61-mile segment of Fall
22 Creek from the Oregon State border to the
23 confluence with North Fork Smith River,
24 as a wild river.

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14 •S 1538 IS
1 ‘‘(xvi)(I) Except as provided in sub2 clause (II), the 4.57-mile segment from the 3 headwaters of North Fork Diamond Creek
4 to the confluence with Diamond Creek, as
5 a wild river.
6 ‘‘(II) Notwithstanding subclause (I),
7 the portion of the segment described in
8 that subclause that starts 100 feet above
9 Forest Service Road 4402 and ends 100
10 feet below Forest Service Road 4402 shall
11 be administered as a scenic river.
12 ‘‘(xvii) The 1.02-mile segment from
13 the headwaters of Diamond Creek to the
14 Oregon State border in sec. 14, T. 40 S.,
15 R. 10 W., Willamette Meridian, as a wild
16 river.
17 ‘‘(xviii) The 1.14-mile segment from
18 the headwaters of Acorn Creek to the con19 fluence with Horse Creek, as a wild river. 20 ‘‘(xix) The 8.58-mile segment from
21 the headwaters of Chrome Creek to the
22 confluence with North Fork Smith River,
23 as a wild river.
24 ‘‘(xx) The 2.98-mile segment from the
25 headwaters Chrome Creek tributary numVerDate Sep 11 2014 00:21 May 27, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.IS S1538 kjohnson on DSK79L0C42PROD with BILLS
15 •S 1538 IS
1 ber 1 to the confluence with Chrome
2 Creek, 0.82 miles upstream from the
3 mouth of Chrome Creek in the Kalmiopsis
4 Wilderness, flowing south from sec. 15, T.
5 40 S., R. 11 W., Willamette Meridian, as
6 a wild river.
7 ‘‘(xxi) The 2.19-mile segment from
8 the headwaters of Chrome Creek tributary
9 number 2 to the confluence with Chrome
10 Creek, 3.33 miles upstream from the
11 mouth of Chrome Creek in the Kalmiopsis
12 Wilderness, flowing south from sec. 12, T.
13 40 S., R. 11 W., Willamette Meridian, as
14 a wild river.
15 ‘‘(xxii) The 1.27-mile segment from
16 the headwaters of Chrome Creek tributary
17 number 3 to the confluence with Chrome
18 Creek, 4.28 miles upstream from the
19 mouth of Chrome Creek in the Kalmiopsis
20 Wilderness, flowing north from sec. 18, T.
21 40 S., R. 10 W., Willamette Meridian, as
22 a wild river.
23 ‘‘(xxiii) The 2.27-mile segment from
24 the headwaters of Chrome Creek tributary
25 number 4 to the confluence with Chrome
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16 •S 1538 IS
1 Creek, 6.13 miles upstream from the
2 mouth of Chrome Creek, flowing south
3 from Chetco Peak in the Kalmiopsis Wil4 derness in sec. 36, T. 39 S., R. 11 W., 5 Willamette Meridian, as a wild river.
6 ‘‘(xxiv) The 0.6-mile segment from
7 the headwaters of Wimer Creek to the bor8 der between the States of Oregon and Cali9 fornia, flowing south from sec. 17, T. 41 10 S., R. 10 W., Willamette Meridian, as a
11 wild river.’’.
12 (b) EXPANSION OF SMITH RIVER, OREGON.—Section
13 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
14 1274(a)) is amended by striking paragraph (111) and in15 serting the following:
16 ‘‘(111) SMITH RIVER, CALIFORNIA AND OR17 EGON.—The segment from the confluence of the 18 Middle Fork Smith River and the North Fork Smith
19 River to the Six Rivers National Forest boundary,
20 including the following segments of the mainstem
21 and certain tributaries, to be administered by the
22 Secretary of Agriculture in the following classes:
23 ‘‘(A) MAINSTEM.—The segment from the
24 confluence of the Middle Fork Smith River and
25 the South Fork Smith River to the Six Rivers
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17 •S 1538 IS
1 National Forest boundary, as a recreational
2 river.
3 ‘‘(B) ROWDY CREEK.—
4 ‘‘(i) UPPER.—The segment from and
5 including the headwaters to the California6 Oregon State line, as a wild river. 7 ‘‘(ii) LOWER.—The segment from the
8 California-Oregon State line to the Six
9 Rivers National Forest boundary, as a rec10 reational river.’’.

Æ
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Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal Coos Bay District and Medford District
This map prepared at the request of Senator Ron Wyden and Representative Peter DeFazio January 12, 2015
LEGEND
w Federal Highway
State Highway
State Boundary
County Boundary
BLM District Boundary
BLM Resource Area Boundary
<§>
. r - •
Proposed Rough and Ready and
Baldface Creeks Mineral Withdrawal
BLM Administered Land
Area of Critical Environmental Concern
US Forest Service Administered Land
Coos Bay
District
Map Area
^1Medford
District

O R E G O N
Medford District
Coos Bav District
No warranty is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources. This information may not meet National Map Accuracy Standards. This
product was developed through digital means and may be
updated without notification. M14-06-01
Scale 1: 126,720 when plotted at 11x17
2 0 2 4
Miles 2 0 2 4
Kilometers
Albers Equal Area Projection
North American Datum of 1983
March 7, 2022
The Honorable Senator Jeff Merkley
531 Hart Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Ron Wyden
221 Dirksen Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Dianne Feinstein
331 Hart Senate Office Bldg.

Washington, D.C. 20510
The Honorable Senator Alex Padilla
112 Hart Senate Office Bldg.

Washington, D.C. 20510
RE: Support for the Southwestern Oregon Watershed and Salmon Protection Act (H.R. 980) Dear Senators Merkley, Wyden, Feinstein and Padilla:

Over the last several years the City of Crescent City has stated its opposition to any activities that could be detrimental to the water quality of the Smith River. The Smith River is the community’s water source and provides high quality drinking water for our residents, as well as thousands of visitors year-round. In addition to providing drinking water to the City’s municipal water users, the Smith River also offers a multitude of recreational activities including kayaking, rafting, swimming, and fishing. The Smith River and its tributaries support a world-class fishery including salmon, steelhead, and cutthroat trout. These recreational opportunities are enjoyed and valued by local residents --- and they are also central to the region’s tourist industry.

Accordingly, the City Council City of Crescent City is pleased to support the subject legislation which provides a permanent mineral withdrawal (ban on new mining claims) for 101,021-acre headwaters areas of the North Fork Smith River and its tributaries, Rough & Ready Creek, Hunter Creek, and the Pistol River.

Thank you for your years of work to advance this important legislation which protects water supplies in our bioregion and our travel and tourism-based economies. Please contact us if you have questions.

Sincerely,
Jason Greenough, Mayor
cc: The Honorable Jared Huffman
1527 Longworth House Office Bldg.

Washington, D.C. 20515
The Honorable Peter DeFazio
2134 Rayburn Office Bldg.

Washington, D.C. 20515
m I City of Crescent City
*
] Where the Redw oods Meet the Sea
377 J Street. Crescent City, CA 95531 • 707.464.7483 • Fax 707.465.4405 • www.crcsccntcih .org I
117TH CONGRESS
1ST SESSION H. R. 980
To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 2021
Mr. DEFAZIO (for himself and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Natural Resources A BILL
To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation
under the mineral leasing and geothermal leasing laws,
and for other purposes.
1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Southwestern Oregon
5 Watershed and Salmon Protection Act of 2021’’.

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2 •HR 980 IH
1 SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY
2 AND JOSEPHINE COUNTY, OREGON.
3 (a) DEFINITIONS.—In this section:
4 (1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli5 gible Federal land’’ means— 6 (A) any federally owned land or interest in
7 land depicted on the Maps as within the Hunter
8 Creek and Pistol River Headwaters Withdrawal
9 Proposal or the Rough and Ready and Baldface
10 Creeks Mineral Withdrawal Proposal; or
11 (B) any land or interest in land located
12 within such withdrawal proposals that is ac13 quired by the Federal Government after the 14 date of enactment of this Act.
15 (2) MAPS.—The term ‘‘Maps’’ means—
16 (A) the Bureau of Land Management map
17 entitled ‘‘Hunter Creek and Pistol River Head18 waters Withdrawal Proposal’’ and dated Janu19 ary 12, 2015; and 20 (B) the Bureau of Land Management map
21 entitled ‘‘Rough and Ready and Baldface
22 Creeks Mineral Withdrawal Proposal’’ and
23 dated January 12, 2015.
24 (b) WITHDRAWAL.—Subject to valid existing rights,
25 the eligible Federal land is withdrawn from all forms of— VerDate Sep 11 2014 01:29 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H980.IH H980 kjohnson on DSK79L0C42PROD with BILLS
3 •HR 980 IH
1 (1) entry, appropriation, or disposal under the
2 public land laws;
3 (2) location, entry, and patent under the mining
4 laws; and
5 (3) operation under the mineral leasing and
6 geothermal leasing laws.
7 (c) AVAILABILITY OF MAPS.—Not later than 30 days
8 after the date of enactment of this Act, the Maps shall 9 be made available to the public at each appropriate office 10 of the Bureau of Land Management.
11 (d) EXISTING USES NOT AFFECTED.—Except with
12 respect to the withdrawal under subsection (b), nothing 13 in this section restricts recreational uses, hunting, fishing, 14 forest management activities, or other authorized uses al15 lowed on the date of enactment of this Act on the eligible 16 Federal land in accordance with applicable law.

Æ
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Hunter Creek and Pistol River Headwaters Withdrawal Proposal Coos Bay District
This map prepared at the request of Senator Ron Wyden and Representative Peter DeFazio January 12, 2015
R 14 W R 13 W
Headwaters Mineral Withdrawal Miles 1 0 1 2
Map Area Kilometers
Albers Equal Area Projection
North American Datum of 1983
BLM Administered Land
Area of Critical Environmental Concern O R E G O N No warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources. This information may not meet National Map Accuracy Standards. This
product was developed through digital means and may be
updated without notification.

Coos Bay District
Umpqua and Myrtlewood
Resource Areas
US Forest Service Administered Land
M14-06-01
Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal Coos Bay District and Medford District
This map prepared at the request of Senator Ron Wyden and Representative Peter DeFazio January 12, 2015
LEGEND
Federal Highway
State Highway
State Boundary
County Boundary
BLM District Boundary
BLM Resource Area Boundary
Proposed Rough and Ready and
Baldface Creeks Mineral Withdrawal
BLM Administered Land
Area of Critical Environmental Concern
US Forest Service Administered Land
Coos Bay
District
?Map Area
Medford
i District

O R E G O N
Medford District
Coos Bay District
No warranty is made by the Bureau of Land Management
as to the accuracy, reliability, or completeness of these data for individual or aggregate use with other data. Original data were compiled from various sources.This information may not meet National Map Accuracy Standards. This
product was developed through digital means and may be
updated without notification. M14-06-01
Scale 1: 126,720 when plotted at 11x17
2 o 2 4
Miles 2 0 2 4
Kilometers
Albers Equal Area Projection
North American Datum of 1983

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, DIRECTOR OF FINANCE
DATE: MARCH 7, 2022
SUBJECT: FISCAL YEAR 2021-22 MID-YEAR BUDGET UPDATE
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-15, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY AND POSITION

CONTROL
• Approve and adopt Resolution No. 2022-16, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY APPROVING PAYMENT BY

THE GENERAL FUND TO THE WATER FUND

BACKGROUND
The City Council adopted the Fiscal Year 2021-22 budget on June 21, 2021 and has the authority to amend the adopted budget by resolution when necessary. Staff monitors the City’s budget throughout the year and provides monthly reports to the Council comparing budgeted amounts to actual results. After the mid-point of the fiscal year (December 31), staff reviews actual revenues and expenditures during the first half of the fiscal year and makes recommendations for the remainder of the year. This analysis includes budget amendments that have been approved by the Council up to this point as well as new information gathered from staff, outside consultants, and other sources.

Staff presented the FY 2020-21 final results to the Council in February and informed the Council the mid-year update for the current year would be presented in March. The City Manager, Finance Director, and City staff have reviewed the year-to-date revenues and expenses of each fund and are suggesting several revisions to the budget for this midyear update.

ITEM ANALYSIS
Significant changes are described below, and a complete listing is attached to this report.

FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
2 General Fund
• Sales tax
o The City contracts with HdL for sales tax consulting. Sales tax had been especially uncertain due to COVID-19, and the City generally takes a cautious approach to projecting revenues. However, last year’s sales tax was not significantly impacted by COVID-19, and HdL is now forecasting an increase in the current year. Staff recommends increasing the budget by $175,000. A small portion of the sales tax is passed through to the County due to previous annexations, and staff is requesting a budget increase of $12,560 for the pass-through.
• Transactions and Use Tax (commonly referred to as an add-on local sales tax) o In November 2020, the voters of Crescent City approved a 1% local tax (often referred to as “sales tax”) as Measure S. The initial estimate for annual revenues was a conservative $1.3 million, based on a pre-COVID projection. The current projections are significantly higher, and staff is recommending increasing the budget by $700,000.
• Transient Occupancy Tax
o The second quarter TOT (October through December) was due January 31, 2022. The first two quarters of actual results came in higher than normal, by approximately $360,000. Staff recommends increasing the budget for the year by $400,000.
• Wages and benefits
o This year the City has experienced higher turnover than usual. Staff has analyzed the vacancies for the first half of the year and is recommending reducing budgets to account for those cost reductions, in order to reduce the “budget to actual” variance at the end of the year. It is important to note these “savings” are one-time and future budgets will need to account for staffing all approved positions. In the General Fund, this reduction is $149,955 across multiple departments. This accounts for turnover and actual benefit costs experienced in the first half of the year and assumes the vacancies will be filled. Actual costs for the second half of the year will depend on what happens with staffing.
• Contract services
o Two areas of contract services are recommended to be updated. One is legal services. The original budget assumed we would use contract legal services for the first quarter and then fill the staff position (which is budgeted under wages and benefits). The staff position was actually filled January 31, and contract legal services were needed up to that point. The wages and benefits reduction is included in the overall wages budget adjustment shown above. The legal services line in the General Fund should be increased $17,083. (Legal services in other funds are listed under those funds.) o Planning contract services are also recommended to be increased. The recommended increase is $52,500. Of this amount, $13,000 is for cannabis use permit review, which will be offset by a corresponding increase in revenue. The remaining amount is due to special projects and regular planning services that are needed for operations.
• Fire Department
FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
3 o The Fire Department occasionally sends volunteers to work on large fires outside our area, through a process called mutual aid. The volunteers are paid by Cal Fire for that work, and the City collects the funds from Cal Fire and pays the firefighters. There were some large fires in the last couple of years that Cal Fire is now working through the reimbursement process. Staff recommends increasing the budget $45,000 with a matching revenue. o In addition, fire service fees are recommended to increase $51,151 for reimbursement of services provided to the Fire District. • Police Department
o Along with decreasing the wages budget due to vacancies, there will be a corresponding decrease in reimbursements of $22,932.
• Pool
o The original budget for pool revenues was conservative, as only swim lessons were allowed at that time. The pool has since fully opened, and staff recommends increasing budgeted revenue by $102,866.
• Property tax collection
o The City reimburses the County for costs related to collecting property taxes. The County recently notified staff of a prior year error which needs to be paid this year. Staff is requesting a budget increase of $20,929 to account for increased costs and to reimburse the prior year to the County. • Other costs
o There are small variances in multiple departments, with the total across the General Fund being an increase of $28,540. A list of the items by department is attached to this staff report.
• Successor Agency loan
o As discussed at prior Successor Agency meetings, the City acts as the Successor Agency to the former Redevelopment Agency (which was dissolved by the State in 2012). The Successor Agency is responsible for winding down and closing out the remaining business of the former RDA.

One of the last items is to repay a loan the RDA took from the Water Fund.

The Successor Agency has approval to make the first payment to the Water Fund this year.
o One of the requirements the State put on Successor Agencies was that 20% of approved loan payments must be put into a Successor Housing fund and used for approved housing activities. The Water Fund loan falls under this requirement.
o As discussed at several meetings over the last few years, staff believes the Water Fund should be entitled to receive the full loan in repayment. After exploring the issue with legal counsel and a Successor Agency consultant, this issue has been litigated without success by other agencies. Staff still believes the Water Fund should not lose 20% of its repayment, and therefore we recommend the General Fund make up the difference. The amount, including accrued interest to date, is $143,225. Staff recommends the Council approve the General Fund to pay this amount to the Water Fund, to make up for the portion of the loan and interest the Successor Agency is not allowed to repay to the Water Fund. Having the General Fund make up this amount would keep the Water Fund whole and prevent an impact on future water ratepayers caused by a decision of the State.

FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
4 o This is a one-time impact to the General Fund. Although the City Council could choose to structure this payment as an interfund loan, that would require continuing to pay interest. Staff recommends paying the full amount this year, to avoid additional interest costs.

The following table is a summary of the proposed revenue and expenditure changes in the General Fund.

Revenue Expenditure
Sales tax

175,000
Measure S

700,000
TOT

400,000
City Council (interfund service)

10,890
City Clerk (interfund service)

2,391
Fire Department - mutual aid

45,000
Fire Department - services

51,151
Police - reimbursement

(22,932)
Planning

14,000
Gas tax

3,693
Swimming pool

102,866
Wages and benefits

(149,955)
Successor Agency payment

143,225
Fire mutual aid (offset by revenue)

45,000
Contracts (legal and planning)

69,583
Sales tax annexation pass-through

12,560
Property tax collection

20,929
All other

28,540
Total

1,482,059

169,882
FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
5 General Fund reserve
o The Council adopted a General Fund reserve policy in 2013 which requires a fund balance reserve equal to 25% of budgeted expenditures. The purpose of the reserve is to have enough cash on hand to fund operations for a minimum of three months, in the event of an emergency or a sudden decrease in revenues.
o The budgeted expenditures of $8,567,995 would require a reserve of $2,141,999. With the recommended adjustments, the budgeted fund balance for the end of this fiscal year would would be $4,021,795 (actual results will depend on how closely revenues and expenditures match the budget).
o Some of the reserve is Measure S funds, which are set aside for Measure S approved activities. There is $332,467 in unspent Measure S funds from the prior fiscal year. This budget amendment would also increase the revenue budget by $700,000, which has not yet been allocated to Measure S projects. The Measure S Oversight Committee will be scheduling a meeting in the near future to discuss the best use of these funds. o Of the budgeted fund balance for the end of the current fiscal year, less the required reserve and the Measure S set aside funds, the remaining unallocated amount is $847,329. The actual reserve amount will depend on actual results of this year’s revenues and expenditures.

Total proposed budget - expenditures 8,567,995
Required reserve (25% of budgeted
expenditures) 2,141,999
New budgeted fund balance 4,021,795
Required reserve 2,141,999
Measure S reserve from FY21 332,467
Add'l Measure S revenue FY22 (not yet
allocated) 700,000
Unallocated reserve (per proposed budget) 847,329
Housing Authority Fund
• Housing Authority Fund revenues are not proposed to change at this time, and there is a minimal increase of $1,410 in expenditures. This is due to a decrease in wages and benefits but offset by an increase in maintenance contracts for window repair and advertising needed for new programs.
• The budgeted fund balance at June 30, 2022 if the above recommendations are approved and all revenues and expenditures come in as budgeted would be $417,308.

RV Park Fund
FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
6 • Revenues in the RV Park Fund are not proposed to change at this time, and there is a slight decrease in expenditures of $1,078. This is due to a decrease in wages and benefits but offset by an increase in refuse disposal. • Working capital budgeted for June 30, 2022 if these recommendations are approved and revenues and expenses come in exactly as budgeted would be $262,104. This represents funds that could be invested back into the park in future projects.

Sewer Fund
• Grant
o Increase grant revenue by $393,405. This is for a forgivable loan through the State Water Resource Control Board for technical assistance with planning maintenance and improvements. There is an equal adjustment to expenses. This project was approved last fiscal year but did not get carried over to this year’s budget.
• Wages and benefits
o Staff is recommending a decrease of $106,562 in wages and benefits to account for vacancies and unused benefits.
• CSA
o Decreasing wages and benefits within the CSA will also decrease reimbursement by $12,497.
• Other costs
o Other costs are recommended to increase by a total of $45,892 across multiple departments. This includes permits, legal expenses, and equipment purchases.
• Working capital budgeted for June 30, 2022, if these recommendations are approved and revenues and expenses come in as budgeted, would be $3,985,006.

Water Fund
• Wages and benefits
o Staff recommends reducing budgeted wages and benefits by $83,773 to account for vacancies and unused benefits.
• Maintenance contracts
o Staff is requesting $30,000 for water leak repairs.
• Other costs
o Other costs are recommended to increase by a total of $25,942 across multiple departments. Of this amount, $10,000 is for a water capacity analysis. This will be reimbursed to the City, and the revenue was already included in the budget.
• Working capital budgeted for June 30, 2022, if these recommendations are approved and revenues and expenses come in as budgeted, would be $2,047,437.

Internal Services Funds
• Internal Services Funds (ISF) provide services to other City funds, which reimburse the ISF for their share of the total costs.
• Information Technology
FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
7 o Wages and benefits will be reduced $35,422. Staff is requesting an increase of $14,000 for cyber security purchases, of which $12,000 is requested to be funded from RMAP (insurance program for reducing risks). Revenue will be decreased $15,774, which is a combination of reduced revenue charged to other funds for wages and an increase in revenue coming from RMAP. • Building Maintenance
o Staff recommends an increase of $3,401 in revenue to correct the previous budget (charges to other funds) and a minor increase in expense of $200. • Equipment Fund
o Staff recommends a decrease in wages and benefits of $10,816 and an increase of $22,000 for vehicle purchases. Vehicles have been extremely difficult to source, and the costs are higher than projected last year.

Revenue will be increased $20,611.

Other Funds
• Gas Tax Fund is recommended to increase revenue by $4,854 and expense by the same amount.
• RMRA (SB1 gas tax) is recommended to increase revenue by $8,926 and expense by $1,517.
• Insurance Fund is recommended to increase expense by $12,000 (transfer to IT Fund for cyber security purchases).

Position Control
Staff is recommending changes to the Position Control.
• Police Department – the Council recently approved a program to hire police recruits and sponsor them through the Academy. The change in position control is to combine the Police Officers and Police Recruits into one category, so that vacancies could be filled by either a recruit or a new officer. The total number of positions does not change.
• RV Park – due to staffing shortages, staff would like to increase the part-time RV Park Attendant position from 0.48 to 0.6 full-time equivalent (3 days per week).

The increase in cost this year is covered by vacancies in other positions. In future years, the increase (if it is still needed) would add approximately $4,650 per year. • Pool – swimming lessons have been extremely popular this year, partly due to the generous sponsorship of the Del Norte Health Care District. Lessons require additional lifeguards in order to maintain safety and still provide customer service and cleaning. Staff recommends increasing the part-time lifeguard total from 4.9 to 5.4 full-time equivalents. The increase in cost is covered this year by vacancies in other positions. In future years, with full staffing, the increase would add approximately $18,500 per year.
• Parks – the City currently has four seasonal positions authorized for parks maintenance. The City Council has committed to authorizing additional parks maintenance staffing as Beachfront Park projects are implemented. Staff is recommending changing one of the seasonal positions to a full-time position beginning this spring. This will help the City provide increased maintenance and also help with recruitment, as part-time positions have been extremely challenging FY 2021-22 MID-YEAR BUDGET UPDATE
MARCH 7, 2022
8 to fill. The increased cost in this year is covered by vacancies. In future years, this change would add approximately $42,000 per year.

FISCAL ANALYSIS
Staff is recommending the following budget amendments:

Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
General Fund

1,482,059

169,882
Housing Authority

-

1,410
RV Park

-

(1,078)
Sewer

380,908

332,735
Water

-

(27,831)
IT

(15,774)

(21,422)
Building Maint

3,401

200
Equipment

20,611

11,184
Gas Tax

4,854

4,854
RMRA

8,926

1,517
Insurance

-

12,000
The impacts on the City’s main funds are described in the sections above. The Measure S Oversight Committee will be meeting in the near future to discuss options for the Measure S funds, and the City Council will be meeting to discuss the General Fund and potential upcoming projects.

STRATEGIC PLAN ASSESSMENT
This action supports the Strategic Plan Goal 3(B) to maintain responsible fiscal management and accountability.

ATTACHMENTS

1. Resolution No. 2022-15

2. Resolution No. 2022-16

3. Fund summaries
CITY OF CRESCENT CITY RESOLUTION NO. 2022-15 Page 1
RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY

AND POSITION CONTROL
WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21st day of June 2021; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, City staff has completed the mid-year review of revenues and expenses in the City’s various funds and has made several recommendations for updates.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:

1. That the Fiscal Year 2021-22 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
General Fund

1,482,059

169,882
Housing Authority

-

1,410
RV Park

-

(1,078)
Sewer

380,908

332,735
Water

-

(27,831)
IT

(15,774)

(21,422)
Building Maint

3,401

200
Equipment

20,611

11,184
Gas Tax

4,854

4,854
RMRA

8,926

1,517
Insurance

-

12,000
CITY OF CRESCENT CITY RESOLUTION NO. 2022-15 Page 2

2. That the Authorized Position Control attached to this Resolution is hereby approved.

APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 7th day of March 2022, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jason Greenough, Mayor
ATTEST:
_____________________________
Robin Patch, City Clerk
CITY OF CRESCENT CITY RESOLUTION NO. 2022-16 Page 1
RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

APPROVING PAYMENT BY THE GENERAL FUND TO THE WATER FUND WHEREAS, in 2008 and 2010, the City Council authorized the loan of funds from the Water Fund to the Redevelopment Agency (RDA); and
WHEREAS, the State passed legislation dissolving all redevelopment agencies and the City became the Successor Agency to the RDA, responsible for winding down the affairs of the former RDA; and
WHEREAS, the State approved repayment of $685,286 plus interest to be repaid through the Successor Agency, but requires 20% of the payments to be deposited in a Successor Housing Fund; and
WHEREAS, the City believes the Water Fund should be made whole for this loan and finds it to be an obligation of the General Fund.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:

1. That the General Fund shall pay the Water Fund for that portion of principal and accrued interest (20%) that the Successor Agency is obligated to deposit into the Successor Housing Fund.

2. That this amount is $143,225 including accrued interest.

APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 7th day of March, 2022, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jason Greenough, Mayor
ATTEST:
_____________________________
Robin Patch, City Clerk
Department Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
Non-Dept Sales tax 175,000
Non-Dept Measure S 700,000
Non-Dept TOT 400,000
Non-Dept Prop tax collection 20,929
Non-Dept Sales tax pass-through 12,560
Non-Dept Successor Agency payment 143,225
Council Interfund services provided 10,890
Council Wages and benefits 16,015
Econ Dev Wages and benefits 2,844
Clerk Interfund services provided 2,391
Clerk Wages and benefits (1,852)
Clerk Office supplies 400
Clerk Computer equip 350
Clerk Contracts 300
Clerk Training 2,000
Finance Wages and benefits (6,169)
Attorney Wages and benefits (10,918)
Attorney Office equipment (1,500)
Attorney Computer equipment 1,250
Attorney Legal fees 17,083
Fire Mutual aid 45,000
Fire Svc fees 51,151
Fire Wages and benefits 24,623
Fire Mutual aid 45,000
Fire Electricity 500
Fire Contracts 625
Fire Contracts (non-district) 500
Fire Dues and subscriptions (800)
Police SRO reimbursement (22,932)
Police Wages and benefits (96,463)
Police Office equipment 8,900
Police Parts and supplies 2,000
Police Parts and supplies - Explorers (1,000)
Police Parts and supplies - VIPS 1,000
Police Maint contracts 300
Police Training 1,650
Code Enf Wages and benefits (5,075)
Code Enf Postage 150
Planning Use permits 13,000
Planning Arch review 1,000
Planning Wages and benefits (11,412)
Planning Contracts 52,500
Planning Advertising and notices 800
General Fund
PW Admin Wages and benefits (17,785)
PW Admin Parts and supplies 400
Streets From Gas Tax 3,693
Streets Wages and benefits (11,356)
Streets Transfers out (to Equip Fund) 1,950
Parks Wages and benefits (23,009)
Parks Pre-employment 165
Parks Maint contracts 4,200
Parks Transfers out (to Equip Fund) 2,000
Cult Ctr Wages and benefits (9,398)
Cult Ctr Pre-employment 125
Pool Pool revenue 65,000
Pool Contract revenue 42,336
Pool Misc sales (4,470)
Pool Janitorial supplies 2,000
Pool Parts and supplies (1,543)
Pool Pre-employment 275
Pool Maint contracts 1,543
Total 1,482,059 169,882
Department Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
Housing Wages and benefits (7,163)
Housing Advertising and notices 1,000
Housing Maint contracts 7,573
Total - 1,410
Department Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
RV Wages and benefits (17,308)
RV Refuse disposal 17,500
RV Pre-employment 375
Attorney Wages and benefits (2,374)
Attorney Legal fees 729
Total - (1,078)
Department Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
Housing Authority
RV Park
Sewer
Non-Dept Grant revenue 393,405
Non-Dept Transfers (to Equip Fund) 13,150
Econ Dev Wages and benefits 3,460
Finance Wages and benefits (23,986)
Attorney Wages and benefits (8,308)
Attorney Office equipment (750)
Attorney Computer equipment 625
Attorney Legal fees 22,667
Lab Wages and benefits (33,579)
Lab Postage 150
Lab Office supplies 250
Lab Maint contracts 150
Lab Operating tests, permits, fines 1,050
WWTP Ops Wages and benefits (4,014)
WWTP Ops Contracts 393,405
WWTP Ops Operating tests, permits, fines 8,000
Collections Wages and benefits (22,957)
Collections Office supplies 600
CSA CSA rev (12,497)
CSA Wages and benefits (17,178)
Total 380,908 332,735
Department Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
Non-Dept Transfers (to Equip Fund) 4,900
Econ Dev Wages and benefits 3,460
Finance Wages and benefits (23,608)
Attorney Wages and benefits (8,308)
Attorney Office equipment (750)
Attorney Computer equipment 625
Attorney Legal fees 7,667
Operations Wages and benefits (55,317)
Operations Office supplies 500
Operations Chemicals 3,000
Operations Contracts 10,000
Operations Maint contracts 30,000
Total - (27,831)
Fund Type
Revenue
Increase
(Decrease)
Expense
Increase
(Decrease)
IT Interfund services provided (27,774)
Water
Other Funds
IT Transfers In (RMAP) 12,000
IT Wages and benefits (35,422)
IT Computer equipment 10,000
IT Maint contracts 4,000
Bldg Interfund services provided 3,401
Bldg Janitorial 200
Equip Interfund services provided (1,389)
Equip Transfers in 22,000
Equip Wages and benefits (10,816)
Equip Vehicle purchases 22,000
Gas Tax Gas tax rev 4,854
Gas Tax Pass through to County 1,161
Gas Tax Transfer to Gen Fund 3,693
RMRA SB1 rev 8,926
RMRA Pass through to County 1,517
Insurance Transfers Out (RMAP) 12,000
City of Crescent City
Position Control
Authorized Positions & Pay Ranges Approved 03.07.22
POSITION Min Annual Max Annual Min Annual Max Annual
Current Auth
FTE Change
Proposed
FTE Notes
Administration
City Manager 104,506 133,536 104,506 133,536 1.00 1.00
City Attorney 99,281 124,468 99,281 124,468 1.00 1.00
HR Manager 53,394 64,917 53,394 64,917 1.00 1.00
HR Administrator 48,443 58,885 48,443 58,885 - -
Information Systems Administrator 68,162 82,846 68,162 82,846 1.00 1.00 IT / GIS Technician 46,134 56,077 46,134 56,077 1.00 1.00 City Clerk
City Clerk / Administrative Analyst 61,818 75,150 61,818 75,150 1.00 1.00 Finance
Director of Finance 91,950 115,277 91,950 115,277 1.00 1.00 Accountant 58,885 71,573 58,885 71,573 - -
Finance Analysts 2.00 2.00
Finance Analyst II 58,885 71,573 58,885 71,573
Finance Analyst I 53,394 64,917 53,394 64,917
Finance Technician and PR Admin 1.50 1.50
Finance Technician 48,443 58,885 48,443 58,885
Payroll Administrator 48,443 58,885 48,443 58,885
Account Clerks 2.00 2.00
Account Clerk III Y-rated 46,322 56,306 46,322 56,306
Account Clerk III 41,850 50,856 41,850 50,856
Account Clerk II 37,960 46,134 37,960 46,134
Account Clerk I 34,424 41,850 34,424 41,850
Fire
Fire Chief 91,950 115,277 91,950 115,277 1.00 1.00
Administrative Assistant 41,850 50,856 41,850 50,856 1.00 1.00 Police
Chief of Police 91,950 115,277 91,950 115,277 1.00 1.00 Lieutenant 86,195 99,466 86,195 99,466 1.00 1.00
Sergeant 68,931 85,530 68,931 85,530 3.00 3.00
Police Officers and Recruits - 8.00 8.00
Police Officer 50,877 67,954 50,877 67,954 8.00 (8.00) - Police Officer - Limited Term 50,877 67,954 50,877 67,954 - - Police Recruit 37,477 37,477 37,477 37,477 - -
Records Specialist 41,850 50,856 41,850 50,856 1.00 1.00 Planning, Building & Code Enforcement
Planning Technician 46,134 56,077 46,134 56,077 - -
Building Inspector & Code Enforcement Officer * 50,856 61,818 50,856 61,818 0.46 0.46 Office Technician ** 34,424 41,850 34,424 41,850 1.00 1.00 Economic Development and Recreation
Recreation and Events Director 67,738 82,356 67,738 82,356 - - Economic Development and Recreation Director 86,461 108,418 86,461 108,418 1.00 1.00 Grants and Economic Development Coordinator 58,885 71,573 58,885 71,573 1.00 1.00 Recreation Lead 29,640 37,440 29,640 37,440 0.48 0.48
RV Park Supervisor 39,853 48,443 39,853 48,443 1.00 1.00 Campground Attendant 32,427 39,416 32,427 39,416 0.48 0.12 0.60 cover for vacancies Aquatics Supervisor 46,134 56,077 46,134 56,077 1.00 1.00 Relief Supervisor/Lesson Coordinator 39,853 48,443 39,853 48,443 2.00 2.00 Part-time Lifeguards 4.90 0.50 5.40 additional swim lessons Lifeguard - Designated Head Lifeguard 30,680 37,440 30,680 37,440 Lifeguard - Part-Time 29,640 37,440 29,640 37,440
Aquatic Specialty Program Instructor 32,760 39,000 32,760 39,000 Water Safety Aide 30,160 34,320 30,160 34,320
Public Works
Director of Public Works 91,950 115,277 91,950 115,277 1.00 1.00 Engineering Project Manager 58,885 71,573 58,885 71,573 1.00 1.00 Engineering Technician 46,134 56,077 46,134 56,077 1.00 1.00 Public Works Maintenance Manager 71,573 86,986 71,573 86,986 1.00 1.00 Public Works Parks / Buildings / Maintenance Workers &
Equipment Operators 12.52 0.52 13.04
convert 1 seasonal (Parks) to Fulltime
Maintenance Workers
Senior Public Works Maintenance Worker 48,443 58,885 48,443 58,885 Maintenance Worker III 39,853 48,443 39,853 48,443
Maintenance Worker II 36,150 43,930 36,150 43,930
Maintenance Worker I 34,424 41,850 34,424 41,850
Equipment Operators
Equipment Operator II 43,930 53,394 43,930 53,394
Equipment Operator I 37,960 46,134 37,960 46,134
Senior Bldgs & Parks Maintenance Worker 39,853 48,443 39,853 48,443 Buildings Maintenance Worker
Parks Maintenance Worker
EMOT 2.00 2.00
Senior Electrical Mechanical Operations Technician 64,917 78,894 64,917 78,894 Electrical Mechanical Operations Technician II 56,077 68,162 56,077 68,162 Electrical Mechanical Operations Technician I 48,443 58,885 48,443 58,885 Utility Mechanic 39,853 48,443 39,853 48,443 1.00 1.00
Laboratory Director 61,818 75,150 61,818 75,150 1.00 1.00 Laboratory Assistant / Tech 2.00 2.00
Laboratory Technician II 50,856 61,818 50,856 61,818
Laboratory Technician I 41,850 50,856 41,850 50,856
Laboratory Assistant 34,424 41,850 34,424 41,850
Fleet Mechanics 2.00 2.00
Senior Mechanic 56,077 68,162 56,077 68,162
Mechanic II 43,930 53,394 43,930 53,394
Mechanic I 36,150 43,930 36,150 43,930
Housing Authority
Housing Authority Director 86,461 108,418 86,461 108,418 1.00 1.00 Housing Authority Inspector 39,853 48,443 39,853 48,443 - - Tenant Services Technician 41,850 50,856 41,850 50,856 2.00 2.00 Office Technician 34,424 41,850 34,424 41,850 1.00 1.00 Totals 70.34 1.14 71.48
* 0.46 FTE split between Building/Code Enforcement and Housing Authority ** 1.0 FTE split between Planning and Public Works
Pay ranges do not include special pay, i.e. certification, longevity, merit, etc.

Min and max annual pay ranges are equivalent to base hourly rate times 2,080 hours per year. Actual hours for positions may be different.

Auth Pay Range - Current Auth Pay Range - Proposed
Allow vacancies to be filled by officers
or recruits

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: JON OLSON, PUBLIC WORKS DIRECTOR
DATE: MARCH 7, 2022
SUBJECT: PROPOSITION 68 STATE PARKS PROGRAM AND PER CAPITA

GRANT FUNDING AGREEMENTS
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the grant agreements for both the 2018 Parks Bond Act Per Capita grant and the 2018 Parks Bond Act Statewide Park Development and Community Revitalization Grant • Approve and adopt Resolution No. 2022-17, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY
• Direct staff to draft and release an RFQ for engineering design and construction management services for the portions of the Beachfront Park Master Plan funded by Prop 68 grants

BACKGROUND
On February 16, 2021, the City Council directed staff to apply for funds available from the Parks and Water Bond Act of 2018 (Proposition 68) that was placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funds for the program were appropriated via State Budget item 3790-101- 6088(b). Budget Item 3790-101-6088 (b) states that $185,000,000 shall be available for the Local Park Rehabilitation, Creation in Urban Areas Program, consistent with subdivision (a) of Section 80061 of the Public Resources Code.

Prop 68 authorizes $4 billion in general obligation bonds to fund state and local parks, environmental protection, water infrastructure, and flood protection projects. The funds were divided into multiple grants each with their individual criteria and timelines. The City applied for three of these funding opportunities: (1) Per Capita, for which the funding PROP 68 GRANT ACCEPTANCE
March 7, 2022
2 amount is based on population, (2) Statewide Park Development and Community Revitalization Grant, which is a competitive application for which the City applied for the maximum $8.5 million, and (3) Rural Recreation and Tourism Grant, which is competitive and for which the City also applied for the maximum $3.0 million.

Projects were selected based on the Procedural Guide for the Statewide Park Program provided by the Office of Grants and Local Services (OGALS). The City of Crescent City performed extensive community outreach and collected information early, in order to be prepared for the grant applications. Community input was a key factor in development of a competitive application and project selection.

To ensure that the park is designed and developed in accordance with the community’s priorities and to increase the likelihood of securing funding for these competitive grants, the City worked with Greenway Partners to do extensive community outreach to help update the master plan. The public outreach included both focus groups and interviews led by a mix of City staff and the consultant team. Focus groups were effective at connecting with people while at their places of work and with people who feel more comfortable speaking when around their peers or members of their community. Focus groups obtained insight from Sunset High School students, Del Norte Child Care Council staff, New Dawn participants and their caregiving staff, tourism industry staff, local business leaders, members of the Hispanic/Latino community, and the Tolowa Dee-ni’ Cultural Committee members. Focus groups ranged in size from 3 to 10 people per group and reached a total of 44 community members. Focus groups allowed participants to interact with one another and facilitators encouraged deeper conversations around specific ideas and feedback. This outreach project was funded by a grant from The California Endowment.

On August 16, 2019, the City Council authorized staff to apply for a Coastal Conservancy Grant for $90,000, and on October 17, 2019, the Conservancy approved the award of grant funding to the City to update the Beachfront Park Master Plan.

On March 2, 2020, the City Council approved a contract with PGAdesign to complete the updated Beachfront Park Master Plan. City staff worked closely with the PGAdesign team to develop a comprehensive Beachfront Park Master Plan in order to have a competitive Prop.68 grant application ready by March 12, 2021.

On January 14, 2021, PGAdesign and staff presented the final Beachfront Park Master Plan to the Planning Commission, which approved the plan and determined it to be exempt from California Environmental Quality Act (CEQA).

On February 2, 2021, staff presented the final Master Plan to the community with the cost estimates for the entire project and the specific break down per feature, key area and phases of larger amenities with the focus being to identify priority projects for the Prop. 68 Statewide Park Development and Community Revitalization Program (SPP) grant application due March 12, 2021 for a total of $8.5 million. Staff used Zoom to facilitate the meeting, which allowed for comments, questions, chats and raising of hands. In addition to this outreach tool, staff also employed Mentimeter (interactive PROP 68 GRANT ACCEPTANCE
March 7, 2022
3 presentation/polling software) and streamed the meeting live on Facebook. Community members were provided access to the video and survey following the meeting to allow all participants an opportunity to pick priority projects within the $8.5 million budget, provide additional feedback, and give City staff direction on an additional upcoming $3 million grant available through Prop. 68 focusing on Rural Recreation and Tourism

ITEM ANALYSIS
In December 2021, the City was notified it was one of only approximately 100 applications to be awarded Statewide Park funding. That funding amount was in the amount of $5 million and allocated to fund the following projects:
• Park Entry at Stamps Way
• Bike Park - Pump Track
• Tolowa Cultural Interpretive Area with Indigenous Plantings • One Mile Class 1 Trail/Exercise Loop
• New ADA Playground
The City was also granted $177,952 in Per Capita funding, and the Council approved this allocation to fund the Paths of Culture project on the west side of the park adjacent to the pool and the Tolowa Cultural Interpretive Area.

The grants will fund not only design of the selected priority projects, but they will also fund their construction. The first step in the process will include selection of a design team and putting that team under contract for design development. The design team will develop plans, specifications, and construction cost estimates while working closely with various committees including cultural, playground/recreation, and City staff. To meet the timeframe of the grants, the design and construction will most likely be completed in two phases. Phase 1, which will include the Per Capita funded projects and select projects within the State Parks Program will be designed in 2022 and constructed in 2023, and Phase 2 which will include the remainder of the State Parks Grant will be designed in 2023 and constructed in 2024. To meet the grant timelines the Per Capita funded project needs to be complete by June 30, 2024, and the Statewide Parks funded project by June 30, 2025.

The anticipated schedule of this project is as follows:
▪ Publication of Design Consultant RFQ – March 2022
▪ Consultant Selection and Agreement – April / May 2022 ▪ Design Phase 1 and Phase 2 – May 2022 – January 2024
▪ Construction Phase 1 – Summer of 2023
▪ Construction Phase 2 – Summer of 2024
As stated above, the Council also directed staff to submit an application for a Prop 68 Rural Recreation and Tourism Grant. This application in the amount of approximately $3 million was submitted at the end of January 2022. If the City is awarded this grant, it would fund the construction of additional priority improvements within Beachfront Park including PROP 68 GRANT ACCEPTANCE
March 7, 2022
4 the Amphitheater and Waterfront Plaza. Staff anticipate the grant awards for this application will be announced this Spring.

Staff are continuing to work on the details of the RFQ for engineering design and construction management services and, therefore, are requesting authorization to release the RFQ as soon as it is finalized. Staff will return to the Council at a future meeting with a proposed professional services agreement with the selected design firm(s).

FISCAL ANALYSIS
There is no cash match required for the Prop. 68 SPP or Per Capita grants due to the City serving a “severely disadvantaged community” (median household income is less than 60% of the statewide average). This project will require significant staff time to select the needed consultants and to work with the consultants throughout the design phase to deliver a project on time and within budget.

Approval of the attached resolution will increase both the revenue and expense for general fund capital expenditures.

Revenue From Prop 68 SPP $5,000,000
Revenue From Prop 68 Per Capita $ 177,952
Expenditure ($5,177,952)
Net $ 0
Please note that this is a multi-year capital project and as such will be rolled forward from year to year.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 2: Promote a thriving local economy
• Goal 2(E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture • Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS

1. Grant agreement for Prop 68 Statewide Parks Development and Community Revitalization grant

2. Grant agreement for Prop 68 Per Capita grant

3. Resolution No. 2022-17
State of California - Natural Resources Agency
Department of Parks and Recreation

GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization PROJECT NO.

GRANTEE

PROJECT TITLE PROJECT NUMBER
Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
Signature of Authorized Representative
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Crescent City
BEACH FRONT PARK SW-08-001
July 01, 2020 through June 30, 2025
2021/22
C9803018 SW-08-001
3790-101-6088 6
City of Crescent City
$5,000,000.00
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$5,000,000.00
City Manager
0000011697
The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE / Cost Estimate Form or Acquisition documentation for the Application(s) filed with the State of California. 3790000SW08001
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
20 AMENDMENT NO
$5,000,000.00
Address

ACTIVITY CODE
69807
CONTRACT PERFORMANCE PERIOD is from July 01, 2020 through June 30, 2050 Signature of Authorized Representative
Typed or printed name of Authorized Representative
Title
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program

GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
(Signature of Authorized Representative)
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
City of Crescent City
City of Crescent City
City Manager and Finance Director
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

PROJECT NO.

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22
C9801189
3790-101-6088 29
69801
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000011697
18 AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2024
18-08-001

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: JON OLSON, PUBLIC WORKS DIRECTOR
DATE: MARCH 7, 2022
SUBJECT: WASTEWATER TREATMENT FACILITY INFLUENT GATE

IMPROVEMENT PROJECT PLAN APPROVAL AND AUTHORIZATION
TO BID
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve Plans and Specifications for the Wastewater Treatment Facility (WWTF) Influent Gate and direct staff to advertise for bids • Adopt Resolution No. 2022-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22

BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
On September 7, 2021, the City Council approved Amendment No. 3 with Operations Management International, Inc. (Jacobs) for the development of bid documents (plans, specifications, and estimate) for the WWTF influent gate replacement. Jacobs’ scope of services include design, bid phase services, and project coordination services during construction of the project.

ITEM ANALYSIS
The WWTF influent gate is original to the plant circa 1950’s. This gate is at the end of its useful life and needs to be replaced. If the gate were to fail, it could cause sanitary sewer system overflows throughout the collections system. Because of the high consequence of failure, it was deemed necessary to replace this gate. The proposed project will also modernize the gate and integrate the gate into the plants system control and data acquisition (SCADA) system.

WWTF Influent Gate Bidding
March 7, 2022
2 The plans have been reviewed by the City Engineer and are deemed complete. The project is ready to bid.

The following schedule is proposed for completion of the project:

Approval of Plans and Specifications March 7, 2022
Advertisement for bids March 8, 2022
Receive Bids April 8,2022
Council Authorizes Award of Contract April 18, 2022
Notice to Proceed Construction May 2, 2022
Construction Complete (Pending lead times) June 30, 2022

FISCAL ANALYSIS
This project will be funded by transferring available funds from the Sewer Fund to the the Sewer CIP Fund. While monies were set aside for design of the gate, the construction was not funded. Staff is requesting an amendment to the FY21-22 budget to include $120,000 for construction and programing of the influent gate. As discussed previously on this agenda under the FY 2021- 2022 Mid Year update item, as of June 30, 2022 the Sewer Fund is projected to have a working capital balance of $3,985,006. If approved the funding for this priority project would reduce that amount by $120,000.

Engineers opinion of construction cost $87k
Contingency 15% $13k
SCADA Programing $20k
TOTAL $120,000
In addition to the construction costs there will also be staff time required to oversee the project and take it to completion.

STRATEGIC PLAN ASSESSMENT
This project is listed in the City’s capital improvement plan for the WWTF and helps achieve Goal 1, “Support quality services and community safety to enhance the lives of our citizens and visitors”.

ATTACHMENTS

1. Plans and Estimate for WWTF influent gate

2. Resolution 2022-18

WORK ACTIVITY REPORT
Project type: WWTP Upgrades Project Name: Crescent City WWTP Influent Gate Replacement Estimator: Kevin Butcher/RDD Job Size: 1 LS Project Number: D3246300 Rev/Date: 0/
Duration: 1 Mo Design Stage: 100% Estimate Class: 1
Crescent City Waste Water Treatment Plant
Influent Gate Replacement
Project name Crescent City WWTP Influent Gate Replacement Estimator Kevin Butcher/RDD
Labor rate table 21_LaborUnion (2021)
Equipment rate table 1_EqRates_2021b_100%
Job size 1 LS
Duration 1 Mo
Project WWTP Upgrades
Project Number D3246300
Business Group BIAF
Estimate Class 1-5 1
Design Stage 100%
Project Manager Ted Couch/RDD
Design Manager James Wang/RDD
Rev No. / Date 0/
ENR CCI Index 20 City Avg @ 12684
ENR CCI Index Date February 2022
Report format Sorted by 'Facility/Work Pkg/WorkActiv'
'WorkActiv' summary
Factor table California-Eureka
CCWWTP Gate Replacement-100 2/17/2022 5:23 PM