Lahontan Regional Water Quality Control Board
December 27, 2024
GeoTracker: T10000022965
Chris Aune
Housing Manager - Real Estate & Economic Development
City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
[email protected]
Initial Estimate for Cost Recovery Program – W. Avenue I Properties (West), Lancaster, Kern County
The Porter-Cologne Water Quality Control Act (California Water Code), section 13304, allows the California Regional Water Quality Control Board, Lahontan Region (Water Board), to recover reasonable expenses from responsible parties to oversee cleanup and abatement of discharges that have adversely affected waters of the State. A cost recovery account will be established for your project, and that account is where the Regional Water Board charges labor costs for regulatory oversight associated with cleanup efforts at the Site (Enclosure 1). It has been determined based on site characterization investigations that there are impacts to the subsurface and groundwater that warrant the need for additional investigations and cleanup of solvents and petroleum hydrocarbons.
Section 13365 of the California Water Code requires that annually we provide each responsible party with the following information:
1. A detailed estimate of the work to be performed or services to be provided, including a statement of the expected outcome of that work, based upon data available to the agency at the time;
2. The billing rates for all individuals and classes of employees expected to engage in the work or services; and
3. An estimate of all expected charges to be billed to the responsible party by the agency.
Chris Aune - 2 - December 27, 2024
Estimate of Work to be Performed
Water Board staff estimates that the following work will be performed during state fiscal year 2024/2025 (July 1, 2024, to June 30, 2025):
1. Conduct agency internal communications such as memos, meetings, etc.;
2. Review existing previously submitted reports (e.g., work plans, site assessments, and monitoring reports);
3. Review and comment on reports (e.g., work plans, site investigations; make recommendations /requests for revising reports;
4. Attend meetings with discharger(s), their representatives, consultants, and other interested parties; and
5. Conduct in person site inspection(s).
Electronic Submittal of Information
The State Water Resources Control Board (State Water Board) adopted regulations requiring the electronic submittal of information (ESI), over the internet, for cleanup programs overseen by the California Regional Water Quality Control Boards (Regional Water Boards), starting January 1, 2005. Parties responsible for cleanup of pollution at sites overseen by the Regional Water Board's Site Cleanup Program (SCP) programs are required to submit the following information over the internet electronically.
Please see the following website for electronic submittal requirements:
https://www.waterboards.ca.gov/ust/electronic_submittal/report_rqmts.html
You will need a GeoTracker password for submitting data and reports. To obtain instructions for receiving a GeoTracker password, please go to our ESI website. In addition, our ESI website has an on-line tutorial to aid your transition to electronic data and reporting submittal. You can access the ESI website for information on GeoTracker, ESI, frequently asked questions (FAQs), and technical information on uploading data at the following ESI website: https://www.waterboards.ca.gov/ust/electronic_submittal/
If you have any questions or need additional information on reporting electronic data, please contact the GeoTracker help desk at [email protected] or 1-866-
480-1028. The Site GeoTracker Global ID is T10000022965.
Billing Rates
Enclosure 2 describes the billing rates for employees expected to engage in the work or services for your facility, including an example of how the hourly billing rate is calculated. The name and classification of employees making charges will be identified on invoices. The average billing rate for 2024/2025 is approximately $233 per hour.
Chris Aune - 3 - December 27, 2024
Estimate of Expected Charges
Water Board staff expects to charge 60 hours in conducting oversight for this project during State fiscal year 2024/2025, which runs from 1 July 2024 through 30 June 2025.
The number of hours given is merely an estimate, and you will be billed for the actual hours spent. Based on the average billing rate of $233 per hour, the estimated billing charge for the subject site may be $13,980 for the remaining fiscal year 2024/2025. The estimated billing charge for this site is merely an estimate, which may vary depending on the salary of the individual(s) responsible for the oversight and the actual number of hours spent by staff. As discussed, to consolidate costs on one agreement for initial billing purposes, this agreement includes work beginning in January of 2025. Please acknowledge your intent to reimburse regulatory oversight work by returning the attached Acknowledgement of Receipt of Oversight Cost Reimbursement Account Letter (Enclosure 3) with your signature.
If you have any questions regarding this letter, please contact Luis Gomez, Engineering Geologist, at (760) 316-1295 or at [email protected] or me at (760) 241- 7333 or at [email protected].
Christina Guerra, P.G.
Senior Engineering Geologist
Enclosures:
1. Reimbursement Process for Regulatory Oversight
2. Billing Cost Explanation for Fiscal Year 2023-2024
3. Acknowledgement of Receipt of Oversight Cost Reimbursement Account Letter
cc: Site Cleanup, Division of Administrative Services, State Water Board ([email protected])
Jeffrey Dagdigian, Waterstone Environmental ([email protected]) Heather Fields, Waterstone Environmental ([email protected])
Digitally signed by
Christina Guerra
Date: 2024.12.27
11:57:07 -08'00'
Enclosure 1
REIMBURSEMENT PROCESS FOR REGULATORY OVERSIGHT
We have identified your facility or property as requiring regulatory cleanup oversight. Pursuant to the Porter-Cologne Water Quality Control Act, reasonable costs for such oversight can be recovered by the Regional Water Quality Control Board (Regional Water Board) from the responsible party. The purpose of this enclosure is to explain the oversight billing process structure.
Introduction
The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board (State Water Board) to set up Cost Recovery Programs. The Budget Act of 1993 authorized the State Water Board to establish a Cost Recovery Program for the Site Cleanup Program (SCP). The program is set up so that reasonable expenses incurred by the State Water Board and Regional Water Boards in overseeing cleanup of illegal discharges, contaminated properties, and other unregulated releases adversely impacting the State's waters can be reimbursed by the responsible party. Reasonable expenses will be billed to responsible parties and collected by the Fee Coordinator at the State Water Board in the Division of Financial Assistance.
The Billing System
Each cost recovery account has a unique charge number assigned to it. Whenever any oversight work is done, the hours worked are charged to the account number on the employee's time sheet.
The cost of the hours worked is calculated by the State Accounting System based on the employee's salary and benefit rate and the State Water Board overhead rate.
State Water Board and Regional Water Board administrative charges for work such as accounting, billing preparation, general program meetings and program specific training cannot be charged directly to an account. This work will be charged to administrative accounting codes.
The Accounting Office totals these administrative charges for the billing period and distributes them back to all of the accounts based on the number of hours charged to each account during that billing period. These charges show as State Water Board Program Administrative Charges and Regional Water Board Program Administrative Charges on the Invoice.
The Overhead Charges are based on the number of labor hours charged to the account. The overhead charges consist of rent, utilities, travel, supplies, training, and personnel services. If there is no labor charged to the account during the billing period, there will be no overhead charges for that billing period with the exception of the last month of each fiscal year. This is due to the fact that the labor charges end June 30 for the current fiscal year. However, several kinds of overhead charges such as supply orders and travel expenses are paid after the fiscal year ends.
The State Water Board Accounting Office keeps track of these charges and distributes them back to all of the accounts based on the number of hours charged to each account for the whole fiscal year that has just ended. Therefore, the quarterly statements for the last month of the fiscal year could show no labor hours charged for the billing period, but some overhead charges could be charged to the account.
Attachment 4
Invoices are issued quarterly, one quarter in arrears. If a balance is owed, a check is to be remitted to the State Water Board with the invoice remittance stub within 30 days after receipt of the invoice. The Accounting Office sends a report of payments to the Fee Coordinator on a quarterly basis.
Copies of the invoices are sent to the appropriate Regional Water Boards so that they are aware of the oversight work invoiced. Questions regarding the work performed should be directed toward your Regional Water Board project manager. If the responsible party becomes delinquent in its quarterly payments, oversight work may cease immediately. Work will not begin again unless the payments are brought up-to-date .
.Daily Logs
A detailed description (daily log) of the actual work being done at each specific site is kept by each employee in the Regional Water Board who works on cleanup oversight at the property.
This information is provided on the quarterly invoice using standardized work activity codes to describe the work performed. Upon request, a more detailed description of the work performed is available from the Regional Water Board staff
Agreement
If this site is subject to a 13304 Order, the responsible party of the property is required to acknowledge that he/she understands the reimbursement process and billing procedures for appropriate cleanup oversight costs. If the site is not under a 13304 Order, no cleanup oversight will be performed until this acknowledgement is received. You may wish to consult an attorney in this matter.
As soon as the acknowledgment is received, the account will be added to the active SCP Cost Recovery billing list and oversight work will begin. If the site is subject to an order, you may receive an invoice for the costs incurred preparing the Order.
Removal from the Billing System
After the cleanup is complete, the Regional Water Board will submit a closure form to the State Water Board to close the account. If a balance is due, the Fee Coordinator will send a final billing for the balance owed. The responsible party should then submit a check to the State Water Board to close the account.
If the site is not subject to an Order, an RP may request to discontinue their regulatory oversight.
Please submit a request in writing explaining the reason that you request to terminate oversight and the effective date. You will be billed for all charges incurred until this request is made in writing or the effective date, whichever is later. If the request is due to a change in ownership, please provide contact information for the new owner and describe any agreement with them regarding payment for cleanup and oversight costs.
Attachment 4
Reei,onal Water Board Dispute Resolution
The Regional Water Board staff provides each responsible party (upon request) with daily logs of actual oversight work done and supporting accounting information for the responsible party's site. If, upon the receipt of the billing statement, the responsible party disputes the amount due, the responsible party may follow the dispute resolution procedure described below. If the responsible party follows the procedure, the Regional Water Board will not initiate, except as noted, enforcement action for failure to reimburse the State Water Board. During this procedure, the responsible party is encouraged to confer with Regional Water Board staff at any time to discuss the areas in question and attempt to resolve the dispute.
1. The responsible party must notify the Regional Water Board in writing within 30 calendar days of receipt of the billing statement to indicate that it disputes the billing statement and requests a meeting with the Regional Water Board Assistant Executive Officer. This notification must indicate the specific areas of dispute and provide all appropriate support documentation. Upon completion of the meeting, the Assistant Executive Officer will provide a recommendation to the Regional Water Board Executive Officer on the dispute and recommend an amount due, based on documentation provided by both the responsible party and the Regional Water Board staff at the meeting. The Executive Officer will submit a written decision and resultant amount due to the responsible party and specify the new due date by which the resultant amount due must be paid to avoid enforcement action. This due date will be not less than ten working days from the date of the Executive Officer's written decision.
2. If, upon receipt of the Executive Officer's written decision, the responsible party still disputes the amount due and so notifies the Executive Officer by the new due date, the Executive Officer will schedule an appeal hearing of the decision before the Regional Water Board at the next appropriate monthly meeting. The Executive Officer may also consider recommending that the Regional Water Board take enforcement action for the responsible party's failure to pay the resultant amount due by the new due date if the Regional Water Board finds the responsible party's appeal without basis. Any amount due and not appealed to the Regional Water Board will be considered a violation of the Regional Water Board's order.
California Code of Regulations - Dispute Resolution
If a dispute regarding oversight charges cannot be resolved with the Regional Water Board, section 13320 of the California Water Code provides an appeal process to Regional Water Board decisions. Regulations implementing Water Code section 13320 are found in Title 23 of the California Code of Regulations, section 2050.
Electronic Reporting
Code of Regulations, Title 23, Division 3, Chapter 30 and Title 27, Division 3, Subdivisions 1 and 2, requires you or your consultants to electronically submit analytical laboratory data in electronic deliverable format for soil, vapor, and water samples, site map (i.e., GEO_ MAP), boring/well survey information, depth to groundwater, boring logs and well screen intervals, location data (i.e., GEO_XY file), elevation data (i.e., GEO_Z file), and technical reports (e.g.
Attachment 4
work plans, assessment, and monitoring reports) in portable data format (PDF) to the State Water Resources Control Board (State Water Board) GeoTracker database over the internet at:
http://www. water boards. ca. gov/ust/ electronic submittal/index.shtml Employee Salary and Benefit by Classification [1]
AEO - Assistant Executive Officer CEA 14,457$ 29,853$ ADMOFFII - Admin Officer II 9,113$ 11,324$
AGPA - Associate Governmental Program Analyst 8,424$ 10,543$ AFCNSL - Staff Counsel (Attorney) 11,466$ 16,558$
SFCNSLIII - Staff Counsel III (Attorney) 15,614$ 20,046$ SFCNSLIV - Staff Counsel IV (Attorney) 17,256$ 22,162$ BSA - Business Serv Asst 4,969$ 7,603$
EG - Engineering Geologist 9,151$ 17,230$
EPMI - Environmental Program Manager I 17,704$ 22,009$ EPMII - Environmental Program Manager II 20,546$ 23,342$ ES - Environmental Scientist 6,143$ 11,746$
EOI - Exec Officer I 24,206$ 27,493$
EOII - Exec Officer II 23,500$ 26,692$
OA - Office Assistant 4,572$ 6,210$
OT - Office Technician 5,349$ 6,696$
PWRCE - Principal Water Resources Control Engineer 21,529$ 24,454$ PPS - Public Participation Specialist 8,690$ 10,543$ SEA - Sanitary Engineering Associate 9,495$ 11,887$ SET - Sanitary Engineering Technician 6,542$ 9,396$ SEG - Senior Engineering Geologist 16,133$ 20,192$ SRES - Senior Environmental Scientist 15,311$ 19,033$ SRES - Senior Environmental Scientist (Spec) 10,872$ 13,525$ SWRCE - Senior Water Resources Control Engineer 16,133$ 20,192$ SSA - Staff Services Analyst 5,394$ 8,768$
SUEG - Supervising Engineering Geologist 17,720$ 22,181$ SUWRCE - Supervising Water Resources Control Engineer 17,720$ 22,181$ WRCE - Water Resources Control Engineer 9,151$ 17,142$ Intermittent Employees:
SA - Scientific Aid $17.21/hour $20.43/hour
Note: The State is currently in negotiations with the unions so the upper limits of these ranges may be subject to change.
STATE WATER RESOURCES CONTROL BOARD
SITE CLEANUP PROGRAM (SCP)
BILLING COST EXPLANATION
Fiscal Year 2024-2025
Salary/Benefits Range
Operating Expenses and Equipment [2] (both State and Regional Board offices) Indirect Costs (Overhead + Admin = cost of doing business) 140%
Billing Example for One Month Salary
WRCE - Water Resources Control Engineer
Total Direct Labor Charges [3] (per month): 17,142$
Contract Charges (if applicable): -$
Direct Labor Overhead: 12,688$
State Board Program Admin and Overhead: 2,574$
Regional Board Program Admin and Overhead: 8,571$
Total Cost (per month): 40,976
Divided by 176 hours per month equals per hour: $233
(Due to the various classifications that expend SCP resources an average of $230.00 per hour can be used for projection purposes.) [1] The name and classification of employees performing oversight work will be listed on invoices you receive. [2] The examples are estimates based on recent billings. Actual charges may be higher or lower. [3] Total Direct Labor Charges = Salary and Benefits
Corporation
Enclosure 3
ACKNOWLEDGMENT OF RECEIPT OF OVER SIGHT COST REIMBURSEMENT ACCOUNT LETTER
AND COMM
MITMENT TO PARTICIPATE IN COST RECOVERY FOR REGULATORY OVERSIGHT I, , acting within the authority vested in me as an authorized representative of , a ,
acknowledge that I have received and read a copy of the attached REIMBURSEMENT PROCESS FOR REGULATORY OVERSIGHT and the cover letter dated concerning cost reimbursement for State and Regional Water Board staff costs involved with oversight of cleanup and abatement efforts at . The address for this site is:
.
The County Assessor’s Parcel Number for this site is .
I understand the reimbursement process and billing procedures as explained in the letter. is willing to participate in the cost recovery program commencing with the date entered above, and pay all subsequent billings in accordance with the terms in your letter and its attachments. I also understand that signing this form does not constitute any admission of environmental liability, but rather only an intent to pay for costs associated with oversight.
Billings for payment of oversight costs should be mailed to the following individual and address:
BILLING CONTACT
BILLING ADDRESS
TELEPHONE NO.
RESPONSIBLE PARTY/
AUTHORIZED REPRESENTATIVE
(Signature)
Staff:
(Print Name) (Title)
DATE: