Agenda packet — Finance Committee, February 26, 2024 (part 3 of 5)

DISCUSSION:

With the completion of four Fire Academy classes there were 32 new personnel in 2022 and 17 new personnel in 2023, with each new hire that adds 2 more sets of PPE, increasing our needs significantly over the original estimation of our costs. Additionally, staffing for the Modesto Fire Department has increased with City entering into contracts with Oakdale, Ceres, Salida, and grant funds. The increase in staffing occurred after the original agreement was in place. With current inflation rates, the vendor received multiple price increases from their suppliers over the last two years creating added unforeseen costs. The vendor submitted a price increase request of 18.91% with supporting documents, due to the increase in cost and availability of raw material and increase in labor cost. With 3 years left on the agreement we anticipate the need to increase funding by $2,148,082 to cover our anticipated annual spending and potential price increases in the following years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) "Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
FISCAL IMPACT:

Annual spending for PPE on the agreements for MFD:

L N Curtis #211296
Fiscal Year Total
21-22 $371,114
22-23 $ 125,137
Grand Total $496,251
Sufficient funding has been budgeted from the following Fiscal Year 2023-2024 General Fund and Staffing for Adequate Fire and Emergency Response (SAFER) grant funds:

Name Amount
Modesto $406,874
Oakdale $96,546
Ceres $117,235
SAFERGrant $50662
Salida $18,300
TOTAL AMOUNT $689617
Current Monthly
Spending Amount
PPE Cost for 2
Annual Academies
(14 employees total)
Annual Total
Year 1 $45,000 $149,617 $689,616
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Finance Committee, February 26, 2024
First Amendment to Personal Protection Equipment Agreement with Curtis Blue Line (FKA L.N.Curtis and Sons)

Page 3 of 3 ends

Year 2 $45,000 $149,617 $689,616
Year 3 $45,000 $149,617 $689,616
Year 4 $45,000 $149,617 $689,617
Year 5 $45,000 $149,617 $689,617
TOTAL AMOUNT $3,448,082
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a First Amendment to the Purchase Agreement with Curtis Blue Line (FKA L.N. Curtis and Sons) for Personal Protection Equipment to increase the Agreement in the amount of $2,148,082 to a revised total amount not to exceed $3,448,082 over five years and forwarding to Council for approval.

Approved by:

Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment

2. Original Signed Agreement (with all Exhibits)
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1 FIRST AMENDMENT TO PURCHASE AGREEMENT

FOR PERSONAL PROTECION EQUIPEMENT, WITH CURTIS BLUE LINE (FKA L N

CURTIS AND SONS)
This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ______________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and CURTIS BLUE LINE (FKA L N CURTIS AND SONS), Oakland, California, hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A Purchase Agreement No 211296, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 11th day of November 2021 to provide Personal Protective Equipment on an “as needed” basis for the Modesto Fire Department.

B. The CITY and CONTRACTOR desire to amend the AGREEMENT by increasing the previously approved amount by $2,148,082 for a revised total amount not to exceed $3,448,082 over five years.

C. CITY and CONTRACTOR desire to amend the provisions of the AGREEMENT to include revised rates effective December 7, 2023, as identified in the ATTACHMENT A.

D. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. This AGREEMENT shall be amended by increasing the previously approved amount by $2,148,082 for a revised total amount not to exceed $3,448,082 over five years.

2. Contractual Pricing in Attachment A shall be amended to include revised rates effective #3..
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2 December 7, 2023 as identified in the ATTACHMENT A.

3. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the Purchase Agreement shall remain unchanged and in full force and effect.

ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 211296

PPE FOR FIRE
ITEM # PART # ITEM/DESCRIPTION EFFECTIVE
DECEMBER 7,
2022

EFFECTIVE
DECEMBER 7,
2023
1 11SL EMS COAT - GERBER - RESPONSE
PARKA
$420.00
2 EE9001-03 SAFETY GLASSES - ESS GOGGLES -

ICE RESPONSE (CLEAR LENS)
$17.03
3 R 327 EXTRICATION GLOVE - RINGERS
GLOVES - EXTRICATION BARRIER 1
$53.00
4 R 355 ROPE GLOVE - RINGERS GLOVES -

ROPE RESCUE
$19.00
5 59376 UTILITY GLOVE - 5.11 STATION GRIP
2 GLOVES
$18.18
6 6-2PP HELMET SHIELD - PAUL CONWAY

FIRE - HELMET SHIELD
$54.00
7 1142A22214;
1242A2221A;
142A2221A
STRUCTURE HELMET - CAIRNS 1010
WITH ESS INNER ZONE 3 GOGGLES
$383.00 $383.00
8 740-0573 STRUCTURE HELMET

REPLACEMENT PARTS - ESS
GOGGLES - FIREPRO 1977 FS
$46.00
9 L655GP CAIRNS 1010- EARLAPS $43.00
10 110207044 CAIRNS 1010 - CHINSTRAP WITH QRB
AND POSTMAN'S SLIDE 28" LONG
$85.00
11 M9P CAIRNS 1010-FRONT HOLDER $29.00
12 10145416 CAIRNS 1010 - LINERS/CUSIONS/PAD
KID
$30.13
13 10162905 CAIRNS 1010 - LINER/RATCHET PAD $36.00
14 10192360 CAIRNS 1010 - IMPACT CAP

ASSEMBLY AND SUSPENSION
$136.85
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3 15 10162871 CAIRNS 1010 - HEADBAND AND

RATCHET
$49.00
16 STRUCTURE COAT AND PANT -

GLOBE CAIRNS - REAXTION (COAT)
$2,000.00 $2,000.00
17 STRUCURE COAT AND PANT -

GLOBE - G EXTREME PANT
$1,550.00 $1,550.00
18 OPTIONAL COAT - MASK POUCH $75.00
19 OPTIONAL RADIO POCKET $55.00
20 OPTIONAL MIC TAB $4.25
21 OPTIONAL FLASHLIGHT HOLDER WITH MIC

TAB COMBINATION
$20.00
22 OPTIONAL HANGING D RING ATTACHMENT $6.00
23 OPTIONAL PANT $26.00
24 1301400 STRUCTURE BOOT - GLOBE -
SHADOW XF 14
$525.00 $545.00
25 TP23 STRUCTURE FLASH HOOD $63.00
26 FH911HR WILD LAND HELMET - BULLARD

FIRE & RESCUE HELMETS
$70.00
27 WILD LAND HELMET - BULLARD

FIRE & RESCUE HELMET -

CHINSTRAP WITH POSTMAN'S SIDE
$21.00
28 RFPCOTTON WILD LAND HELMET - BULLARD

FIRE & RESCUE HELMET - CUSHION
$6.00
29 R160 WILD LAND HELMET - BULLARD

FIRE & RESCUE HELMETS - CUSION
$22.00
30 FRS6RC WILD LAND HELMET - BULLARD

FIRE & RESCUE HELMET -

SUSPENSION
$15.00
31 740-0377 WILD LAND GOGGLES - ESS
GOGGLES FIRE PRO 1977 FS
$46.00
32 5002 WILD LAND GLOVE - SHELBY
GLOVES 0 WILD LAND NFPA GLOVE
$55.00
33 HS-2 WILD LAND FACE PROTECTOR - HOT

SHIELD FIREFIGHTER FACE MASK
$73.00
34 DPM10 WILD LAND FACE PROTECTOR

REPLACEMENT PARTS
$50.00
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4 IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Purchase Agreement by its Director of Finance under authority of Resolution No. , adopted by the Council of the City of Modesto on the _____ day of __________________ , 2024, and CURTIS BLUE LINE (FKA L N CURTIS AND SONS), has caused this First Amendment to the Purchase Agreement to be duly executed. #3..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 26, 2024
Date: February 1, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility – Ground Zero Analysis
CONTACT: Rosene Nguyen, Integrated Waste Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider an Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years and forwarding to Council for approval. (Funding Source: Carpenter Road Landfill and Compost Facility)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”, Strategy 6:

Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”, Strategy 3: Evaluate current waste removal and city beautification policies and procedures.

BACKGROUND:

Carpenter Road Landfill
The City of Modesto owns the closed Carpenter Road Landfill and is responsible for monitoring and mitigation required by state and local agencies therein. The Carpenter Road Landfill is a 39- acre facility, located on the east and west sides of Carpenter Road between Kenneth and #4..
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Finance Committee, February 26, 2024
Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility – Ground Zero Analysis Facility Page 2 of 4
Robertson Roads and the Tuolumne River. It accepted municipal solid waste from 1956 to 1968.

In October 2014, following occasional spikes in gas emissions and detection of volatile organic compounds in groundwater, a Corrective Action Plan and Post Closure Maintenance Plan was submitted to the Central Valley Regional Water Quality Control Board (CVRWQCB) proposing removal and relocation of waste from the eastern fill to the western fill. In March 2015, a Cleanup and Abatement Order was issued to the City of Modesto for the Carpenter Road Landfill by the California Regional Waste Quality Control Board to complete the clean closure corrective action by January 15, 2017. Unanticipated weather and permitting delays have caused the clean closure project to have an anticipated completion of 2022.

There are a total of seven methane gas monitoring probes, five on the western fill and two on the eastern fill, and nine groundwater monitoring wells, six on the western fill and three on the eastern fill.

Compost facility
The City of Modesto’s Composting Facility operates at 7001 Jennings Rd and composts over 50,000 tons of organic material annually. During design and relocation of the facility in 2011, installation of groundwater monitoring wells was deferred. Through Notice of Applicability General Order 2015-0121-DWQ-R5S003, the CVRWQCB required that groundwater monitoring wells be installed and functional in 2018. CVRWQCB requires a monitoring program detailed in the Monitoring and Reporting Program of Order WQ 2015-0121-DWQ “General Waste Discharge Requirements for Composting Operations.

The CVRWQCB requires quarterly sampling pursuant to the instructions in General Sampling Requirements (Section A5) of 6 (six) wells and sample analysis must be conducted by a laboratory certified by the State Water Board’s Environment Laboratory Accreditation Program.

DISCUSSION:

On June 23, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility. On January 31, 2023, The California Department of Corrections and Rehabilitation (CDCR) issued IFB C5611173-D for Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services on the California State Contracts Register. On February 15, 2023, proposals were opened at The State of California. Two bids were received and based on the lowest bid, one contract was awarded to Ground Zero Analysis, Modesto, CA. Based on the responsive and responsible bidder offering the Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services, City staff recommends to award to Ground Zero Analysis, Modesto, CA for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a five year agreement, in the amount of $302,657, plus $30,266 for additional services for a total not to exceed amount of $332,923 over five years.

For the Carpenter Road landfill and the Compost facility to be in compliance with CalRecycle and the CVRWQCB, quarterly monitoring of gas probes and monitoring wells are required along with semiannual and annual reporting to the State.
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Finance Committee, February 26, 2024
Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility – Ground Zero Analysis Facility Page 3 of 4
The tasks listed below will address the State requested work and to ensure compliance with the requirements:

Carpenter Road Landfill Task 1 Groundwater Collection, DTW Monitoring and Lab Analysis
Carpenter Road Landfill Task 2 Submission of Semi-Annual Reporting to

CVRWQCB
Carpenter Road Landfill Task 3 Quarterly Landfill Gas Probe Monitoring Carpenter Road Landfill Task 4 Submission of Quarterly Landfill Gas Probe Monitoring Report
Compost Facility Task 1 Groundwater Sampling and Testing Compost Facility Task 2 Submission of Annual Reporting to

CVRWQCB
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing the California Department of Corrections and Rehabilitation’s Bid Process, the City is complying with the requirements defined under this code for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility.

FISCAL IMPACT:

The anticipated cost of $302,657 will be absorbed within the current Public Works Department, Solid Waste Division Carpenter Road Landfill Fund 4893-56016-53300 and under the Compost Facility Fund 4890-56030-53300.

Additional services may be authorized by the City Manager, or his designee, in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $332,923. If additional services are deemed necessary, the Consultant shall provide a written request to the Department Manager indicating the reason for additional work, scope, and cost of such work.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Agreement with Ground Zero Analysis, Inc., Modesto, CA, by utilizing the Competitive Bid Process with California Department of Corrections and Rehabilitation, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility in the amount of $302,657, plus $30,266 for additional services authorized by the City Manager, or his designee, for a total amount not to exceed $332,923 over five years, and forwarding to Council for approval. #4..
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Finance Committee, February 26, 2024
Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility – Ground Zero Analysis Facility Page 4 of 4
Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit A
a. Attachments A - F

3. Exhibit B

4. IFB C5611173-D from California Department of Corrections

5. Ground Zero Analysis Bid Submittal and CDCR Agreement

6. Financial Interest Disclosure Form
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
This AGREEMENT made and entered into in the City of Modesto, State of California, this _______ day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as “City”, and Ground Zero Analysis, Inc., a California corporation, hereinafter referred to as “Consultant”.

This Agreement is made with regard to the following recitals:

A. The City has determined that a consultant is needed to complete environmental monitoring of methane gas and groundwater, testing, and reporting for the Carpenter Road Landfill and the Compost Facility in accordance with Cal Recycle and the Central Valley Regional Water Quality Control Board (CVRWQCB), as described in the documents attached hereto and referred to as Exhibit “A”.

B. Consultant represents that it is qualified, willing, and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit “A”. #4..
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2 2. TERM OF AGREEMENT
The term of the AGREEMENT shall be for a period of five (5) years.

Year 1: October 1, 2024 through September 30, 2025
Year 2: October 1, 2025 through September 30, 2026
Year 3: October 1, 2026 through September 30, 2027
Year 4: October 1, 2027 through September 30, 2028
Year 5: October 1, 2028 through September 30, 2029
Pricing as set forth in Exhibit B shall remain firm for term of the agreement.

3. COMPENSATION
Consultant agrees to accept a sum not to exceed $302,657 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for City in accordance with Exhibit “A”, except additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant in “Net 30 terms via CITY’s ePay Program”.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $32,266. In the event that additional services are deemed necessary, the Consultant shall provide a written request to City Staff indicating the reason for additional work, scope, and cost of such work. City Staff shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be #4..
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3 billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $332,923. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities, and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted, and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Gregory Stahl will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that percent ( 10 %) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. #4..
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4 Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

All materials, documents, data, or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if required at the option of City. #4..
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5 9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers, and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details, and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All #4..
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6 terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Ground Zero Analysis, Inc.

Address: 1172 Kansas Avenue
Modesto, CA 95351
Attention: Jenny Weese
Phone: (209)522-4119
Facsimile: (209)522-4227
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7 FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Rosene Nguyen
Phone: (209)577-5453

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. #4..
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8 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall #4..
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9 include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
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10 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated.
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of City. f. Complete performance of such part of the project as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the project and/or property related to the project.
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were #4..
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11 performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials. b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall #4..
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12 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
#4..
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13 22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #4..
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14 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024 and Ground Zero Analysis, Inc. has caused this agreement to be duly executed as of the Effective Date. #4..
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Scope of Work
Carpenter Road Landfill (Groundwater Well Monitoring and Gas Probe Monitoring) The City of Modesto owns the closed Carpenter Road Landfill and is responsible for monitoring and mitigation required by state and local agencies therein. The Carpenter Road Landfill is a 39- acre facility, located on the east and west sides of Carpenter Road between Kenneth and Robertson Roads and the Tuolumne River. It accepted municipal solid waste from 1956 to 1968.

There are a total of seven (7) methane gas monitoring probes, five (5) on the western fill and two (2) on the eastern fill, and nine (9) groundwater monitoring wells, six (6) on the western fill and three (3) on the eastern fill (see Attachment A for map with well and probe locations). All active probes and wells must be sampled from and tested, although construction for clean closure caused four wells to be abandoned with anticipated replacement in February 2022 (these four are included in the total nine). As a result, please provide a “per probe/well” breakdown of any relevant costs as an attachment to this quote. Further, the map provided in Attachment A estimates the location of well replacements but is not final.

The landfill’s current monitoring plan is based on the conditions at the site at the end of 2021, but construction will complete in 2022 and new or altered monitoring plans may be required. The City will make necessary amendments to this agreement if cost change significantly.

The City is requesting proposals for groundwater and gas monitoring and submission of findings reports to the City of Modesto, CalRecycle, and the CVRWQCB. The successful quote shall furnish all labor, materials, travel or courier expense, test results, equipment, and insurance necessary to perform the services outlined in this request.

Task 1: Groundwater Collection and Analysis at Carpenter Road Landfill • Collection and testing conducted in accordance with the Central Valley Regional Water Quality Control Board procedures detailed in Monitoring and Reporting Program, Order R5-2015-0700 (Attachment B).
• Documentation of testing protocols and instrument calibration. #4..
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• Record date, time, monitoring personnel, meteorological conditions, and GPS coordinates of monitoring points for each monitoring event.
• Quarterly collection of groundwater liquid level and total depth of each monitoring well. • Semi-annual collection of groundwater samples, recording clarity of liquid, well purge data, and field-testing parameters (pH, electrical conductivity, turbidity, and temperature).
• Semi-annual collection, transportation to, and analysis by a State certified laboratory of:
o Total dissolved solids
o Anions: Chloride, Nitrate, Sulfate, Carbonate, Bicarbonate o Cations: Calcium, Magnesium, Potassium, Sodium
o Volatile Organic Compounds
o Dissolved Inorganics: Al, Sb, As, Ba, Be, Cd, Cr, Cr+6, Co, Cu, Fe, Hg, Pb, Mn, Mo, Ni, Se, Ag, Sn, Th, V, Zn, Total Cyanide, Total Sulfide • Report any levels that exceed acceptable standards detected during the monitoring event to the City of Modesto within 24 hours of findings.

Task 2: Submission of Groundwater Monitoring Report
• Semi-annual groundwater monitoring reports containing field measurements, sampling data, laboratory analysis, and other pertinent information collected over the previous two (2) quarters in accordance with the CVRWQCB procedures detailed in Monitoring and Reporting Program, Order R5-2015-0700 (Attachment B).
• Draft submitted to the City of Modesto for review no later than 15 days after the end of the reporting period.
• Final submitted to the CVRWQCB no later than 30 days after the end of the reporting period.

Task 3: Landfill Gas Probe Monitoring at Carpenter Road Landfill • Quarterly collection and testing in accordance with Title 27 of the California Code of Regulations (CCR).
• Documentation of testing protocols and instrument calibration. #4..
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• Record date, time, monitoring personnel, meteorological conditions, and GPS coordinates of monitoring points for each monitoring event.
• Record methane, oxygen, and carbon dioxide gas concentrations. • Report any levels that exceed acceptable standards detected during the monitoring event to the City of Modesto within 24 hours of findings.

Task 4: Submission of Quarterly Landfill Gas Probe Monitoring Report • Quarterly submission of monitoring reports to the City of Modesto in accordance with Title 27 of the California Code of Regulations (CCR), within 30 days of the end of the reporting quarter.
• Report shall include monitoring data collected and calibration logs. #4..
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Compost Facility Groundwater Well Monitoring
The City of Modesto’s Composting Facility operates at 7001 Jennings Rd and composts over 50,000 tons of organic material annually. During design and relocation of the facility in 2011, installation of groundwater monitoring wells was deferred. Through Notice of Applicability General Order 2015-0121-DWQ-R5S003, the Central Valley Regional Water Quality Control Board (CVRWQCB) required that groundwater monitoring wells be installed and functional in 2018.

CVRWQCB requires a monitoring program detailed in the Monitoring and Reporting Program of Order WQ 2015-0121-DWQ “General Waste Discharge Requirements for Composting Operations- Attachment B.” The CVRWQCB has noted that sections A1, A4, A5, and B apply to the City of Modesto Composting Facility in their Revised Notice of Applicability.

The Compost facility seeks to contract an engineering firm with experience in environmental and water quality compliance to conduct the requirements for Groundwater Protection Monitoring (Section A4) and adhere to the General Sampling Requirements (Section A5) and Reporting Requirements (Section B), included in Attachment D. This includes the following samples:

The term of the agreement is specified in the agreement contract.

The City of Modesto will complete Facility Inspections (Section A1) and refer the data gathered to the contracted firm. The firm is responsible for compiling the Annual Monitoring and Maintenance Report (Section B1) and reporting to the State Water Board. #4..
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Attachments:

1. Attachment A - Carpenter Road Landfill Map

2. Attachment B - Monitoring and Reporting Program

3. Attachment C - Scope of work for compost facility

4. Attachment D - CVRWQCB General Discharge Requirements for Composting

5. Attachment E - Compost facility Monitoring Well Location Map

6. Attachment F - Compost Facility CVRWQCB Monitoring and Reporting Program #4..
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` EXHIBIT A Attachment A
#4..
- 541 -
#4..
- 542 -

EXHIBIT B
Attachment B #4..
- 543 -
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- 544 -
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#4..
- 547 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS

FOR COMPOSTING OPERATIONS
AUGUST 4, 2015
#4..
- 548 -

THIS PAGE INTENTIONALLY LEFT BLANK
#4..
- 549 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS

FOR COMPOSTING OPERATIONS
i
August 4, 2015
Table of Contents
ACRONYMS AND ABBREVIATIONS .........................................................................................ii BACKGROUND INFORMATION................................................................................................ 1 SCOPE OF THIS GENERAL ORDER ........................................................................................ 5 APPLICATION PROCESS ......................................................................................................... 8 ANTIDEGRADATION ANALYSIS .............................................................................................. 9 TITLE 27 APPLICABILITY ........................................................................................................11 CALIFORNIA ENVIRONMENTAL QUALITY ACT .....................................................................12 OTHER REGULATORY CONSIDERATIONS ...........................................................................15 IT IS HEREBY ORDERED ........................................................................................................16 PROHIBITIONS .....................................................................................................................16 SPECIFICATIONS.................................................................................................................18 DESIGN, CONSTRUCTION AND OPERATION REQUIREMENTS – ALL TIERS .................19 DESIGN, CONSTRUCTION AND OPERATION REQUIREMENTS – TIER II ONLY .............20 MONITORING REQUIREMENTS ..........................................................................................21 MAINTENANCE REQUIREMENTS .......................................................................................22 SITE CLOSURE REQUIREMENTS .......................................................................................22 REPORT REQUIREMENTS ..................................................................................................22 NOTIFICATION REQUIREMENTS ........................................................................................24 ADDITIONAL REQUIREMENTS ...........................................................................................25 CERTIFICATION ......................................................................................................................28 ATTACHMENT A - DEFINITIONS ........................................................................................... A-1 ATTACHMENT B – MONITORING AND REPORTING PROGRAM ........................................ B-1 ATTACHMENT C – NOTICE OF INTENT ............................................................................... C-1 ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS ............................................... D-1 #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS

FOR COMPOSTING OPERATIONS
ii
August 4, 2015

ACRONYMS AND ABBREVIATIONS
Antidegradation Policy State Water Board Resolution 68-16, Statement of Policy with Respect to Maintaining High Quality of Waters of California Basin Plan Water Quality Control Plan
BMP Best Management Practices
BPTC Best Practicable Treatment or Control
CalOES California Governor’s Office of Emergency Services CalRecycle California Department of Resources Recycling and Recovery CEQA California Environmental Quality Act
cm/s Centimeters per second
CPLX Complexity of the Discharge Rating
cy Cubic Yards
EDF Electronic Deliverable Format
EIR Environmental Impact Report
EQ Exceptional Quality
FEMA Federal Emergency Management Agency
FDS Fixed Dissolved Solids
Industrial General Permit Waste Discharge Requirements for Discharge of Storm Water Associated with Industrial Activities Excluding Construction Activities
LEA Local Enforcement Agency
MDL Method Detection Limit
mg/L Milligrams per Liter
mg/kg Milligrams per kilogram
µmhos/cm Micromhos per centimeter
MPI Minutes per Inch
MRP Monitoring and Reporting Program
NOA Notice of Applicability
NOI Notice of Intent to Comply with the Terms of General Waste Discharge Requirements for Composting Operations
NPDES National Pollutant Discharge Elimination System
#4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS

FOR COMPOSTING OPERATIONS
iii
August 4, 2015
PDF Portable Document Format
POTW Publicly Owned Treatment Works
PQL Practical Quantitation Limit
QA/QC Quality Assurance/Quality Control
Regional Water Board Regional Water Quality Control Board State Water Board State Water Resources Control Board
TDS Total Dissolved Solids
TTWQ Threat to Water Quality Rating
U.S. EPA United States Environmental Protection Agency
WDRs Waste Discharge Requirements
#4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
1 BACKGROUND INFORMATION
FINDINGS:

The State Water Resources Control Board (State Water Board) finds that:

1. The State of California currently disposes an estimated 35 million tons of waste annually in landfills, of which 32 percent is compostable organic material, 29 percent is construction debris, and 17 percent is paper.

2. Composting is the biological decomposition of organic materials by microorganisms under controlled aerobic conditions to create a product (e.g., soil amendment or soil blend).

Compostable materials comprise a wide range of material types: grass, leaves, branches, prunings, stumps, wood waste, agricultural materials, manure, food, and biosolids.

3. Composting organic material yields environmental benefits by recycling nutrients and diverting materials from landfills. Diversion of compostable materials from landfills reduces the amount of material landfilled and extends landfill capacity and service life.

4. Compost can be a valuable soil amendment that improves soil tilth and plant health, increases soil water holding capacity, reduces runoff, adds beneficial micro-organisms, adds organic matter, and sequesters carbon.

5. Composting activities typically occur on open and uncovered land, exposed to precipitation. However, some composting activities are performed within structures, protected from precipitation.

6. Compostable materials may contain nutrients, metals, salts, pathogens, and oxygenreducing compounds that can degrade water quality if allowed to migrate into groundwater or surface water. The process of composting can allow contaminants to migrate with leachate or wastewater from these materials. Additionally, composting nutrient-rich feedstocks on more permeable soil has the potential to create elevated nitrate concentrations in groundwater.

7. Composting facilities may contain areas where composting operations occur as well as ancillary buildings (e.g., office space, equipment storage, etc.). For the purposes of these General Waste Discharge Requirements for Composting Operations (General Order), the term “Composting Operation” shall mean the area at which operations are conducted, including the receiving area, pre-processing, processing, curing, storage areas, detention ponds, and other areas associated with production of compost, including storage areas for feedstocks, additives, or amendments. Attachment A, attached hereto and made part of this order, provides definitions of terms and phrases used in this General Order.

8. For the purposes of this General Order, all references to compost include compost piles actively being composted, cured, and stored on site to mature prior to sale or use (final product).

9. Water Code section 13260, subdivision (a) requires that any person discharging waste or proposing to discharge waste, other than to a community sewer system, that could affect #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
2 the quality of the waters of the state, shall file a report of waste discharge. Water Code section 13263 provides that a Regional Water Quality Control Board (Regional Water Board) or the State Water Board shall prescribe waste discharge requirements (WDRs) that implement the Regional Water Boards’ water quality control plans (Basin Plans) and take into consideration the beneficial uses to be protected and the water quality objectives reasonably required for that purpose and the need to prevent nuisance. “Waste” is defined in Water Code section 13050, subdivision (d).

10. Assembly Bill No. 341 enacted in 2011 (2011–2012 Reg. Sess.; Stats. 2011, ch. 476) established a policy goal that not less than 75 percent of the solid waste generated in the state be source-reduced, recycled, or composted by 2020. The California Department of Resources Recycling and Recovery (CalRecycle) developed a plan to increase the diversion of compostable materials.

11. CalRecycle has adopted regulations governing compostable material handling facilities. (Cal. Code Regs., tit. 14, div. 7, ch. 3.1.) The regulations address composting operations including facility siting, design standards, operating standards, environmental health standards, such as sampling and pathogen reduction requirements for the compost products derived from compostable materials prior to being sold or given away, recordkeeping, monitoring, reporting, and site restoration. CalRecycle’s authority does not include regulating water quality. The State Water Board and each Regional Water Board have primary responsibility for coordination and control of water quality (Wat. Code, § 13001).

12. Historic regulation of composting operations by the Regional Water Boards has included individual WDRs or conditional waivers of WDRs. This General Order provides a streamlined method to allow the Regional Water Boards to permit composting operations and address potential impacts to water quality.

13. Dischargers covered by individual WDRs or a conditional waiver of WDRs may continue discharging under that authority until those orders expire or come up for renewal. At that time, or earlier at the discretion of the Regional Water Boards, it is the intent of the State Water Board that Regional Water Boards will enroll all eligible composting operations under this General Order. If a Regional Water Board determines that, due to site-specific conditions, coverage under this General Order will not be protective of water quality, the Regional Water Board may issue individual WDRs for a composting operation. If a composting operation is co-located at a landfill or other facility that has individual or general WDRs, the composting operation does not need to be covered under this General Order if the landfill or other facility’s WDRs include requirements for the composting operation as determined by the Regional Water Board.

14. Water Code section 13263, subdivision (i) states that the State Water Board or a Regional Water Board may prescribe general WDRs for a category of discharges if the State Water Board or Regional Water Board finds or determines that all of the following criteria apply to the discharges in that category:
a. The discharges are produced by the same or similar operations; b. The discharges involve the same or similar types of waste; #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
3 c. The discharges require the same or similar treatment standards; and d. The discharges are more appropriately regulated under general WDRs than individual WDRs.

Composting operations that will be regulated under this General Order are consistent with the criteria listed above, and therefore a general order is appropriate. All discharges regulated under this order will be from similar operations and will be consistent with the description of composting operations as defined in this General Order. The discharges will use similar containment methods (e.g. pads and ponds). Individual WDRs are not necessary because the discharges are similar and discharge requirements would be similar if individual WDRs were issued.

15. This General Order does not preempt or supersede the authority of federal, state, or local governmental agencies to prohibit, restrict, or control discharges of waste subject to their jurisdiction.

16. A composting operation typically consists of a receiving and storage area for feedstocks, additives and amendments; a pre-processing area where materials are prepared for composting (screening, size adjustment, etc.); an active composting area; a curing area where the material matures before sale (moisture content and temperature is reduced); and a final screening and storage area where the final compost product is prepared for sale. Additives and amendments are often added to compost to adjust moisture content, product bulk, or pH.

17. Composting can be done on a small or large scale. This General Order only addresses composting operations that receive, process, and store at least 500 cubic yards (cy) of materials at any given time.

18. Composting typically results in release of water from the feedstock material as biological decomposition occurs. The released water becomes leachate and if sufficient in volume will drain from the compost pile. Precipitation that falls on, or water that is applied to the compost piles may also result in liquid draining from the compost piles. The liquids may contain nutrients, metals, salts, pathogens, and/or oxygen reducing compounds.

19. Water is evaporated from the compost piles, in part due to the heat generated in biological decomposition. Water is added to maintain appropriate moisture content. The water may include wastewater collected in the detention pond, or water from another water supply source.

20. Composting operations have the potential to degrade water quality with nutrients (e.g., nitrate), salinity (e.g., sodium chloride), pathogens, oxygen-reducing materials, sediment, and other waste constituents. Implementation of best practicable treatment or control (BPTC) can prevent or limit the degradation.

21. Composting operation setbacks from water supply wells and surface water bodies are provided in this General Order. Setbacks are included as a means of reducing pathogenic risks by coupling pathogen inactivation rates with groundwater travel time to a well or other potential exposure route (e.g. water contact activities). In general, a substantial unsaturated zone reduces pathogen survival compared to saturated soil conditions. Fine #4..
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STATE WATER RESOURCES CONTROL BOARD
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GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
4 grained (silt or clay) soil particles reduce the rate of groundwater transport and therefore are generally less likely to transport pathogens; coarse grained soil particles or fracture flow groundwater conditions may be more likely to transport pathogens. Setbacks also provide attenuation of other wastewater constituents through physical, chemical, and biological processes.

22. Strategies to control infiltration of wastewater into groundwater include reducing the permeability of areas where compostable materials are stored or composted, constructing sloped pads to facilitate drainage to a detention pond or tank, and reducing the permeability of detention ponds.

23. Wastewater refers to leachate or any other liquid flowing from, or on the working surface.

That wastewater from the working surface may be conveyed to a detention pond.

Wastewater may be reapplied to the compost piles as needed.

24. Total dissolved solids (TDS) consists of both volatile (organic) and fixed (inorganic) fractions. Varying concentrations of volatile dissolved solids will exist in wastewater that is collected in the detention pond. Volatile dissolved solids in the wastewater reapplied to compost piles may be reduced to negligible concentrations by filtration and biological degradation. However, fixed dissolved solids (FDS) do not degrade biologically.

25. The 40 Code of Federal Regulations part 503 biosolids regulations establish ceiling concentration limits for metals; pollutant concentration limits; Class A pathogen requirements; Class B pathogen requirements; site restrictions; and vector attraction reduction requirements.

26. This General Order requires biosolids that are used as a feedstock at the composting facility to comply, at a minimum, with the ceiling concentrations listed in Table 1 of 40 Code of Federal Regulations part 503.13 listed in Table 1 below, and Class B pathogen requirements. The United States Environmental Protection Agency (U.S. EPA) regularly reviews, and may revise, the limitations and requirements of 40 Code of Federal Regulations, part 503. Consult 40 Code of Federal Regulations part 503 for updates.

Table 1. Biosolids Feedstock Ceiling Concentrations
Constituent Units Ceiling Concentration
Arsenic mg/kg 75
Cadmium mg/kg 85
Copper mg/kg 4,300
Lead mg/kg 840
Mercury mg/kg 57
Molybdenum mg/kg 75
Nickel mg/kg 420
Selenium mg/kg 100
Zinc mg/kg 7,500
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
5 SCOPE OF THIS GENERAL ORDER

27. The amount and type of feedstocks composted, as well as site conditions such as depth to groundwater, percolation rate, and proximity to surface water and wells inherently affects the threat to water quality. This General Order employs a tiered approach to regulating composting operations.

28. Only composting operations that comply with the allowable feedstock and setback requirements are eligible for coverage under this General Order. a. Tier I and Tier II allowable feedstocks (as defined in Attachment A) are limited to the materials listed in Table 2 below:

Table 2. Allowable Feedstocks
Tier I Feedstocks Tier II Feedstocks
Agricultural materials Food materials (non-vegetative)
Green materials Biosolids (Class A, B, and/or Exceptional Quality (EQ)): as defined in Attachment A
Paper materials Manure
Vegetative food materials Anaerobic digestate derived from allowable Tier II feedstocks
Anaerobic digestate derived from allowable
Tier I feedstocks
A combination of allowable Tier I and Tier
II feedstocks
Residentially co-collected or self-hauled
food and green materials
b. Composting operations shall be setback at least 100 feet from the nearest surface water body and/or the nearest water supply well. A lesser setback distance may be allowed by the Regional Water Board if the Discharger can demonstrate that the groundwater, geologic, topographic, and well construction conditions at the site are adequate to protect water quality.

29. Composting operations (Tier I or Tier II) are classified based on the types of feedstocks; total volume of materials received, processed, and stored at any given time; and hydrogeologic siting considerations. The tiers are defined as follows:
a. Tier I includes a composting operation that meets all of the following conditions:
1) The feedstocks are limited to Tier I feedstocks listed in Table 2 and defined in Attachment A;
2) The facility receives, processes, and stores less than 25,000 cy of a combination of allowable Tier I feedstocks, compost, (active, curing, and final product) additives and amendments on site at any given time; and 3) The percolation rate and depth to the highest anticipated groundwater level underlying the composting operation is consistent with Table 3 below:
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STATE WATER RESOURCES CONTROL BOARD
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GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
6 Table 3. Tier I Percolation Rate and Depth to Groundwater Standards Soil Percolation Rate
(MPI – minutes per inch)
Depth to Groundwater
(minimum)
< 1 MPI 50 feet
1 MPI – 5 MPI 20 feet
> 5 MPI – 30 MPI 8 feet
> 30 MPI 5 feet
b. Tier II includes a composting operation that meets one or more of the following conditions:
1) The feedstocks include any of the Tier II feedstocks listed in Table 2, and defined in Attachment A;
2) The facility receives, processes and stores 25,000 cy or more of a combination of allowable Tier I or Tier II feedstocks, compost, additives and amendments on site at any given time; and/or
3) The site-specific hydrogeologic conditions do not meet the Tier I percolation rate and depth to groundwater standards listed in Table 3.

30. The following composting-related activities are unlikely to degrade water quality and are therefore exempt from this General Order. However, the Regional Water Board may determine individual WDRs are appropriate under site-specific conditions. Composting operations may be subject to other federal, state, or local regulations. a. Agricultural composting;
b. Chipping and grinding facilities and operations. This includes chipping and grinding facilities and operations at a composting facility if located outside of the composting operation area;
c. Lot clearing by local government agencies (e.g., grubbing, tree trimming, etc.) for fire protection;
d. Composting activities that are within a fully enclosed vessel; e. Composting operations that receive, process, and store less than 500 cy of allowable materials at any given time; and
f. Composting operations that receive, process and store less than 5,000 cy per year of allowable Tier I and Tier II feedstocks, additives and amendments that implement the following management practices:
1) Completely cover materials during storm events as needed to reduce the generation of wastewater; and
2) Manage the application of water to reduce the generation of wastewater. #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
7 31. Discharges of the following wastes may pose a significant threat to water quality, and are therefore prohibited from being discharged under this General Order. The discharge of these wastes may be more appropriately regulated by individual WDRs or other orders issued by the Regional Water Board.
a. Animal carcasses;
b. Liquid wastes other than those of food origin;
c. Medical wastes as defined in Health and Safety Code section 117690; d. Radioactive wastes;
e. Septage;
f. Sludge, including but not limited to sewage sludge, water treatment sludge, and industrial sludge;
g. Wastes classified as “designated”, as defined in Water Code section 13173; h. Wastes classified as “hazardous” as defined in California Code of Regulations, title 22, section 66261.3;
i. Wood containing lead-based paint or wood preservatives, or ash from such wood; or j. Any feedstock, additive, or amendment other than those specifically described in this General Order, unless approved by the Regional Water Board as described in the Specifications.

32. The use of additives and amendments, as defined and limited by this General Order, is not expected to pose a significant threat to water quality as long as the Discharger maintains compliance with the requirements and prohibitions of this General Order. A Regional Water Board may limit or prohibit the use of an additive or amendment if the use of the additive or amendment could result in pollution or nuisance.

33. Compliance with design specifications and associated performance requirements included in this General Order is determined to be protective of water quality.

34. The requirements in this General Order do not apply to the application or use of the final compost product.

35. Technical and monitoring reports specified in this General Order are required. Failing to furnish the reports by the due date or falsifying information in the reports, are misdemeanors that may result in assessment of civil liabilities against the Discharger.

Water Code section 13267 states, in part:
“In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
8 within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.” The technical reports required by this General Order and the Monitoring and Reporting Program (MRP) in Attachment B are necessary to assure compliance with this General Order.

36. In accordance with Water Code section 13000 et seq., this General Order implements regulations and policies adopted by the State Water Board, including the agency’s regulations under California Code of Regulations, title 23, and implements applicable provisions of the Health and Safety Code.

APPLICATION PROCESS

37. Existing composting operations, except those with individual WDRs, general WDRs, or conditional waivers of WDRs that address the composting operation as determined by the Regional Water Board, are required to seek coverage under this General Order by submitting a complete Notice of Intent (NOI) (Attachment C), including the appropriate filing fee (Cal. Code Regs., tit. 23, § 2200), and a technical report including, but not limited to, information requested in Attachment D to the Regional Water Board. The NOI, filing fee and technical report must be submitted within one year of adoption of the General Order. The technical report shall include a proposed schedule for full compliance and must be as short as practicable but may not exceed 6 years from the date of the NOI.

38. New composting operations that propose to begin operating after adoption of this General Order, are required to seek coverage by submitting a complete NOI (Attachment C), including the appropriate filing fee (Cal. Code Regs., tit. 23, § 2200) and a technical report including, but not limited to, information requested in Attachment D, to the Regional Water Board not less than 90 days prior to commencement of the composting operation.

39. For the purposes of this General Order, an NOI and accompanying technical report (as described in Attachments C and D, respectively) is equivalent to a Report of Waste Discharge. After the Regional Water Board determines that the NOI and accompanying technical report are complete, the initial fee has been received, and the composting operation can be appropriately regulated under this General Order, a Notice of Applicability (NOA) will be issued by the Regional Water Board. Within the NOA, the Regional Water Board will at a minimum, confirm a Discharger's tier, timeline for compliance, and method of monitoring to comply with applicable monitoring requirements.

40. Upon issuance of an NOA for coverage under this General Order, the Discharger’s NOI and technical report will become incorporated by reference into this General Order. The #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
9 Discharger is responsible for implementing all operations in a manner that complies with this General Order.

41. The Discharger is required to pay an annual fee (e.g., waste discharge permit fee) (Wat.

Code, § 13260 et seq.). The filing fee accompanying the NOI is the first year's annual fee.

The annual fee is based on the threat to water quality (TTWQ) and complexity (CPLX) rating of the discharge (Cal. Code Regs., tit. 23, § 2200.). The ratings are available at:
http://www.waterboards.ca.gov/resources/fees/.

ANTIDEGRADATION ANALYSIS

42. State Water Board Resolution No. 68-16, Statement of Policy with Respect to Maintaining High Quality of Waters of California (hereafter the Antidegradation Policy) requires that disposal of waste into the waters of the state be regulated to achieve the highest water quality consistent with maximum benefit to the people of the state. The quality of some waters of the state is higher than that established by adopted policies, and that higher quality water shall be maintained to the maximum extent possible consistent with the Antidegradation Policy. The Antidegradation Policy requires the following:
a. Maintenance of existing high quality waters of the state unless limited degradation is consistent with maximum benefit to the people of the state, will not unreasonably affect present and anticipated beneficial use of the water, and will not result in water quality less than that prescribed in state policies.
b. Any activity that produces or may produce a waste and discharges or proposes to discharge to existing high quality waters will be required to meet WDRs that will result in BPTC of the discharge necessary to assure pollution or nuisance will not occur, and the highest water quality consistent with maximum benefit to the people of the state will be maintained.

43. When issuing NOAs under this General Order, the Regional Water Board must assure that Dischargers implement BPTC as necessary to maintain the highest water quality consistent with maximum benefit to the people of the state.

44. This General Order may allow limited discharges to groundwater. There are not sufficient data to determine which receiving waters are high quality waters. To the extent a discharge covered under this General Order may be to high quality waters, this General Order authorizes limited degradation consistent with the Antidegradation Policy as described in the findings below.

45. Limited degradation of groundwater by some waste constituents associated with composting operations, after effective source control, treatment, and control measures are implemented, is consistent with the maximum benefit to the people of the state. The economic prosperity of communities and associated industry, and the diversion of wastes from landfills and associated conservation of landfill space are of maximum benefit to the people of the state and provide sufficient justification for allowing limited groundwater degradation that may occur pursuant to this General Order provided the terms of the #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
10 applicable Basin Plan and other applicable State Water Board and Regional Water Board policies are consistently met.

46. This General Order places restrictions on the discharge of waste from composting operations. The terms and conditions of this General Order are designed to minimize groundwater quality degradation and protect beneficial uses of waters of the state.

Implementation of water and wastewater management plans, groundwater protection plans, and construction of waste containment features at composting operations will minimize groundwater quality degradation.

47. The General Order establishes limits on the volume, types, and quality of the feedstocks, additives and amendments used at the facility. Some waste types are explicitly prohibited from use due to their threat to water quality. All feedstocks, additives and amendments must be contained in areas to control wastewater. In addition, hydrogeologic site conditions are considered when classifying a compost facility as Tier I or Tier II. a. Facilities that receive, process, and store less than 25,000 cy of allowable Tier I feedstocks, compost, additives and amendments on site at any given time are inherently less likely to degrade water quality because the amount and types of waste constituents present at the facility is lower than at Tier II facilities. The limits apply both to the feedstocks and the types and amounts of additives and amendments. Tier I facilities must also comply with the hydrogeologic site conditions (depth to groundwater and percolation rate) specified in the General Order. b. Tier II facilities impose additional BPTC measures such as limits on feedstock quality; and hydraulic conductivity requirements for working surfaces, detention ponds, and drainage ditches. Biosolids used as a feedstock must comply with the ceiling concentrations contained in Code of Federal Regulations, section 503.13 (Table 1), at a minimum. In addition, detention ponds must be constructed with a pan lysimeter to allow early detection of pond liner leakage.

48. To mitigate potential impacts to water quality, siting restrictions specified in this General Order prohibit composting operations within 100 feet of the nearest surface water body or water supply well. A lesser setback distance may be allowed by the Regional Water Board if the Discharger can demonstrate that the groundwater, geologic, topographic, and well construction conditions at the site are adequate to protect water quality. In addition, feedstocks used (Table 2), volume of materials (received, processed and stored) on site at any given time, soil percolation rate, and depth to groundwater standards (Table 3) of this General Order are used to classify composting operations into two tiers. Composting operations not meeting minimum standards for percolation rate and depth to groundwater are classified into the more protective Tier II category.

49. This General Order establishes requirements and standards for BPTC measures to limit or prevent degradation. Identified BPTC measures include:
a. Minimize Infiltration of Waste Constituents on Working Surfaces - The most effective way to reduce or eliminate water quality impacts is to restrict infiltration of wastes on working surfaces (including receiving, processing, and storage areas). The General #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
11 Order requires working surfaces to be designed and constructed to be sloped to prevent ponding, and convey wastewater to an approved wastewater management system. Tier II facilities must also comply with a hydraulic conductivity standard to limit infiltration of liquids to the subsurface at working surfaces, drainage ditches and detention ponds.
b. Design and Operate Detention Ponds to Contain and Reuse Wastewater - All detention ponds must comply with design, construction, and maintenance requirements in this General Order. The General Order includes requirements that ponds must be designed and certified by a registered professional engineer to have adequate capacity and structural integrity to hold wastewater and precipitation. All ponds must be managed to prevent breeding of mosquitos and generation of odors.

Detention ponds constructed at Tier II facilities must also comply with a hydraulic conductivity standard to limit infiltration of liquids to the subsurface. c. Perform Monitoring to Ensure BPTC Measures are Effective - To detect potential threats to water quality, detention ponds constructed at Tier II facilities must be constructed with a pan lysimeter monitoring device under the lowest point of the pond or equivalent engineered alternative approved by the Regional Water Board.

The engineered alternative must provide equivalent assurance of the earliest possible detection of a release from the pond.

50. The State Water Board recognizes that composting operations play an important role in meeting California's recycling goals to divert more wastes from landfills into reusable products. In addition, composting is a strategy for reducing greenhouse gas emissions throughout the state. Benefits of using compost include increasing soil water holding capacity, adding beneficial micro-organisms to improve soil health, improving soil tilth, and carbon sequestration. Considering these benefits, the State Water Board finds that composting in compliance with this General Order is consistent with the maximum benefit to the people of the state.

TITLE 27 APPLICABILITY

51. California Code of Regulations, title 27, sections 20200 through 20230 establish a waste classification system. Wastes covered under California Code of Regulations, title 27 are classified as either inert, nonhazardous solid, or designated. Inert wastes pose minimal risk to water quality, nonhazardous solid wastes present a greater risk than inert wastes, and designated wastes pose the greatest risk to water quality. Allowable compostable materials per this General Order meet the definition of nonhazardous solid waste under California Code of Regulations, title 27, section 20220, subdivision (a).

52. California Code of Regulations, title 27, section 20200, subdivision (a)(1) allows a finding to be made that, "…a particular waste constituent or combination of constituents presents a lower risk of water quality degradation than indicated by classification according to this article." Therefore, to the extent that a particular compostable material could be characterized as designated waste, such material shall be regulated as a nonhazardous #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
12 solid waste pursuant to California Code of Regulations, title 27, section 20200, subdivision (a)(1) because the compostable material presents a lower risk to water quality than typical designated wastes when managed as required by this General Order.

53. The California Code of Regulations, title 27 regulations that apply to nonhazardous solid waste only apply to such waste that is disposed of in a landfill. Diverting compostable organic materials from landfills is one of the goals of this General Order. Therefore, compost operations eligible for coverage under this General Order, California Code of Regulations, title 27 regulations shall not apply so long as the Discharger continues to meet the requirements of this General Order.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

54. On August 7, 2015, in accordance with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), the State Water Board certified Environmental Impact Report (EIR) No. 2015012021 for this General Order. Several significant impacts related to water quality were identified in the EIR. The General Order contains mitigation measures designed to reduce the impact when possible. A summary of the water quality related significant impacts and the mitigation measures is presented below:

EIR Impact
No. Impact Summary General Order Mitigation Measures
Impact 6.5 Composting operations
have the potential to
create objectionable
odors affecting a
substantial number of
people.

The General Order requires control of objectionable
odors. Mitigation measures are contained in the
Specifications and Design Construction and
Operation Requirements – all tiers.

Impact 9.2 Composting operations
have the potential to
result in substantial soil
erosion or loss of topsoil.

The General Order requires control of wastewater
generated by the compost process. Mitigation
measures are contained in the Design Construction
and Operation Requirements – all tiers.
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STATE WATER RESOURCES CONTROL BOARD
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GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
13 EIR Impact
No. Impact Summary General Order Mitigation Measures
Impact 11.1 Composting operations
have the potential to
result in violations of
water quality standards
or waste discharge
requirements.

The General Order requires surface and
groundwater quality to be maintained to protect
beneficial uses. The following mitigation measures
related to water quality standards are included in the
General Order:
 For mitigation related to surface water
objectives, see mitigation measures in response
to Impact 9.2 (listed above).
 For mitigation related to groundwater objectives
mitigation measures are contained in
Prohibitions, Specifications, Design Construction
and Operation Requirements – all tiers, and tier
II, and maintenance requirements. The General
Order limits the types of feedstocks used, and
requires certain containment requirements to
minimize infiltration.

Impact 11.3 Composting operations
have the potential to
substantially alter
existing drainage
resulting in substantial
erosion or siltation on- or
off-site.

Composting operations will be designed to contain
wastewater on-site. See the mitigation measures
described for Impact 9.2 and 11.1.

Requirements of the General Order to contain
wastewater on-site include the following:
 Design, construct, and maintain areas used for
receiving, processing, or storing feedstocks,
additives, amendments, or compost to control
and manage run-on and run-off from a 25-year,
24-hour peak storm event;
 Protect areas used for receiving, processing, or
storing feedstocks, additives, amendments, or
compost from surface flows associated with a
25-year, 24-hour peak storm event from
inundation by surface flow;
 Design and operate the detention pond,
containment berm, and drainage conveyance
systems to contain a 25-year,
24-hour peak storm event;
Require low permeability drainage ditches for Tier II
operations.
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
14 EIR Impact
No. Impact Summary General Order Mitigation Measures
Impact 11.4 Composting operations
may have the potential to
substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river, or
substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding
on- or off-site.

The General Order requires management of
drainage and wastewater run-off. See Mitigation
Measures 9.2, 11.1, and 11.3.

Impact 11.5 Composting operations
may create or contribute
runoff water which could
exceed the capacity of
existing or planned storm
water drainage systems
or provide substantial
additional sources of
polluted runoff.

Composting operations will be designed to contain
wastewater on-site. See the mitigation measures
described for Impact 9.2.

Impact 11.6 Composting operations
may have the potential to
substantially degrade
water quality.

Composting operations will be designed to contain
wastewater on-site and prevent wastewater from
changing groundwater quality to the extent beneficial
uses are impacted. See the responses to Impacts

9.2 and 11.1.

Impact 15.2 Composting operations
have the potential to
exceed wastewater
treatment requirements
of the applicable
Regional Water Board.

The General Order requires containment of
wastewater that is generated. Active treatment
systems at composting facilities are possible (most
likely a mechanical aerator in a detention pond). If
off-site disposal of wastewater is necessary, delivery
to a treatment system is possible via a collection
system or tank truck hauling. See the responses to
Impacts 9.2 and 11.1.
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
15 EIR Impact
No. Impact Summary General Order Mitigation Measures
Impact 15.6 Composting operations
have the potential to
result in a determination
by the wastewater
treatment provider that it
does not have adequate
capacity to serve the
project’s projected
demand in addition to the
provider’s existing
commitments.

The General Order requires containment of
wastewater that is generated; therefore a discharge
at a wastewater treatment facility is unlikely. See
the responses to Impacts 9.2 and 11.1.

55. The State Water Board has notified composting operators and owners, and governmental agencies and interested persons of its intent to certify an EIR and adopt a General Order and provided them the opportunity to attend a public meeting and submit their written views and recommendations.

56. The State Water Board, in a public meeting, heard and considered all comments pertaining to this matter.

OTHER REGULATORY CONSIDERATIONS

57. All WDRs must implement the applicable Regional Water Board’s Basin Plan for the region in which the discharge occurs; therefore this General Order requires dischargers to comply with all applicable Basin Plan requirements and water quality objectives governing the discharge. In the event of a conflict between the requirements of this General Order and the Basin Plan, the more stringent requirement prevails.

58. The Discharger, as a condition of this General Order, may be required to conduct regular maintenance and monitoring to demonstrate protection of water quality and beneficial uses. Dischargers are financially responsible for costs associated with these activities as long as the operation is covered under this General Order.

59. This General Order is not a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Federal Clean Water Act. For composting operations where storm water discharges off-site, the Discharger may be required to enroll under the State Water Board’s General Order No. 97-03-DWQ (new Industrial General Permit 2014-0057- DWQ will be effective July 1, 2015), NPDES General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (Industrial General Permit), and/or future promulgations. If wastewater is discharged to surface water, the Discharger may be required to obtain an individual NPDES permit. Coverage under this General Order does #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
16 not exempt a facility from the federal Clean Water Act. Any facility required to obtain such permits must notify the Regional Water Board.

60. The issuance of this General Order is consistent with the goal to provide water resources protection, while considering economic and environmental impacts as stated in the Strategic Plan of the Water Boards and section 13263, subdivision (a) of the Water Code.

Economic considerations are discussed in Appendix D of the EIR.

61. This General Order does not supersede the authority of local governmental agencies to prohibit, restrict, or control the use of biosolids subject to their control, as allowed under current law. It is the responsibility of the Discharger to obtain any local governmental agency permits or authorizations prior to the composting or use of biosolids at each site.

62. This General Order does not supersede any federal, state, or local law or regulation.

63. Pursuant to Water Code section 13263, subdivision (g), the discharge of waste into waters of the state is a privilege, not a right, and adoption of this General Order does not create a vested right to discharge wastes into the waters of the state. Failure to prevent conditions that create or threaten to create pollution or nuisance or that may unreasonably degrade waters of the state will be sufficient reason to modify, revoke, or enforce this General Order.

64. Pursuant to Water Code section 13241 and 13263, the State Water Board, in establishing the requirements contained herein, considered factors including, but not limited to, the following:
a. Past, present, and probable future beneficial uses of water; b. Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto;
c. Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area; d. Economic considerations;
e. The need for developing housing within the region(s); and f. The need to develop and use recycled water.

IT IS HEREBY ORDERED
IT IS HEREBY ORDERED pursuant to Water Code sections 13263 and 13267, the Discharger, its agents, successors, and assigns, in order to meet the provisions contained in division 7 of the Water Code and regulations adopted hereunder, shall comply with the following:

PROHIBITIONS

1. Any feedstock, additive, amendment, or compost (active, curing, or final product) stored, processed, or composted outside of the designated composting operation areas, as those boundaries are specified in an NOI and/or a technical report, and approved by the Regional Water Board, is prohibited.
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- 568 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
17 2. Any volume of any feedstock, additive, amendment, or compost (active, curing, or final product) exceeding those specified in this General Order is prohibited.

3. Use of any feedstock, additive, amendment, or material, other than those described in this General Order is prohibited.

4. Discharge of any of the following wastes, including storage thereof, at a composting operation under this General Order is prohibited:
a. Animal carcasses;
b. Liquid wastes other than those of food origin;
c. Medical wastes as defined in the Health and Safety Code section 117690; d. Radioactive wastes;
e. Septage;
f. Sludge, including but not limited to sewage sludge, water treatment sludge, and industrial sludge;
g. Wastes classified as “designated” as defined in Water Code section 13173; h. Wastes classified as “hazardous” as defined in California Code of Regulations, title 22, section 66261.3;
i. Wood containing lead-based paint or wood preservatives, or ash from such wood; or j. Any feedstock, additive, or amendment other than those specifically described in this General Order, unless approved by the Regional Water Board.

5. Discharges of feedstocks, additives, amendments, or wastes to lands not owned, leased, or otherwise controlled by the Discharger for the purposes of composting is prohibited.

6. Discharge of wastes to surface waters is prohibited, except as authorized by an NPDES permit.

7. Discharge of wastes including overflow, wastewater, or bypass from transport, treatment, storage, or disposal systems to adjacent drainages or adjacent properties is prohibited.

8. Use of biosolids as a feedstock with concentrations of a metal that exceeds the ceiling concentration presented in 40 Code of Federal Regulations section 503.13 (Table 1), is prohibited.

9. Use of biosolids as an additive or amendment is prohibited.

10. Use of anaerobic digestate derived from sewage sludge as an additive or amendment is prohibited.

11. Evapo-concentration of constituents in any detention pond that results in hazardous constituent concentration levels, as defined in California Code of Regulations, title 22, section 66261.3 is prohibited.
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- 569 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
18 SPECIFICATIONS

1. The use of additives defined in this General Order, and Attachment A, is allowed provided that the additives meet the following specifications.
a. For Tier I facilities, the following approved additives may comprise no more than 10 percent combined, on a total volume basis, of the total feedstocks for any given batch of compost:
1) Fertilizing material applied at rates that will be consumed or fixed/immobilized during active composting;
2) Manure;
3) Anaerobic digestate (solid) derived from any material other than allowable Tier I feedstocks ; and/or
4) Other material specified in an NOI and/or a technical report, and approved by the Regional Water Board.
b. For Tier II facilities, the following approved additives may comprise no more than 30 percent combined (other than liquid food material), on a total volume basis, of the total feedstocks for any given batch of compost:
1) Fertilizing material applied at rates that will be consumed or fixed/immobilized during active composting;
2) Liquid food material specified in an NOI and/or a technical report, and approved by the Regional Water Board, and applied at a rate that prevents conditions leading to pollution or nuisance, as defined in Water Code section 13050; 3) Anaerobic digestate (solid) derived from any material other than allowable Tier I and Tier II feedstocks; and/or
4) Other material specified in an NOI and/or a technical report, and approved by the Regional Water Board.

2. Additives and amendments must be handled, stored, and processed in the manner specified in the NOI and/or technical report and approved by the Regional Water Board.

3. All feedstocks, additives, amendments, and compost (active, curing, or final product) must not cause, threaten to cause, or contribute to conditions of pollution, contamination, or nuisance. These discharges must comply with the applicable Basin Plan requirements.

4. All feedstocks, additives, amendments, and compost (active, curing, or final product) must be located on containment structures designed and constructed as required by this General Order.

5. Dischargers must submit with the NOI and technical report, a Water and Wastewater Management Plan that describes how wastewater will be managed to prevent discharge.

The plan must describe the design, operations, and maintenance of the systems, including water balance calculations and assumptions, if required.

6. Wastewater shall be handled and managed in accordance with an approved Water and Wastewater Management Plan in the technical report described in Attachment D. #4..
- 570 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
19 7. Feedstocks for composting shall be limited to the allowable Tier I and Tier II feedstocks listed in Table 2 and defined in Attachment A.

8. Composting operations shall be setback at least 100 feet from the nearest surface water body and/or the nearest water supply well. A lesser setback distance may be allowed by the Regional Water Board if the Discharger can demonstrate that the groundwater, geologic, topographic, and well construction conditions at the site are adequate to protect water quality.

9. For Tier I and Tier II facilities, the type of amendments must be specified in a NOI and/or a technical report.

DESIGN, CONSTRUCTION AND OPERATION REQUIREMENTS – ALL TIERS

1. Areas used for receiving, processing, or storing feedstocks, additives, amendments, or compost (active, curing, or final product) must be designed to limit water quality degradation. Working surfaces and containment structures must be designed, constructed, operated and maintained to:
a. Facilitate drainage and minimize ponding by sloping or crowning pads to reduce infiltration of liquids;
b. Reliably transmit free liquid present during storage, treatment, and processing of materials to a containment structure to minimize the potential for waste constituents to enter groundwater or surface water; and
c. Prevent conditions that could contribute to, cause, or threaten to cause a condition of contamination, pollution, or nuisance.

2. Working surfaces must be constructed to allow year round equipment access to feedstocks, additives, amendments, and compost (active, curing, or final product) without damage to the working surfaces and containment structures.

3. To prevent potential impacts to waters of the state, the Discharger must minimize the potential for piles of feedstocks, additives, amendments, or compost (active, curing, or final product) to become over-saturated and generate wastewater.

4. Areas used for receiving, processing, or storing feedstocks, additives, amendments, or compost (active, curing, or final product) must be designed, constructed, and maintained to control and manage all run-on, runoff, and precipitation which falls onto or within the boundaries of these areas, from a 25-year, 24-hour peak storm event at a minimum.

5. Areas used for receiving, processing, or storing feedstocks, additives, amendments, or compost (active, curing, or final product) must be protected from inundation by surface flows associated with a 25-year, 24-hour peak storm event at a minimum.

6. Detention ponds, if used, must be designed, constructed, and maintained to prevent conditions contributing to, causing, or threatening to cause contamination, pollution, or nuisance, and must be capable of containing, without overflow or overtopping (taking into consideration the crest of wind-driven waves and water reused in the composting #4..
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
20 operation), all runoff from the working surfaces in addition to precipitation that falls into the detention pond from a 25-year, 24-hour peak storm event at a minimum, or equivalent alternative approved by the Regional Water Board.

7. Detention ponds, if used, shall be managed as described in the facility’s Water and Wastewater Management Plan.

8. Detention ponds, if used, must be managed to maintain a dissolved oxygen concentration in the upper zone (one foot) of at least 1.0 milligrams per liter (mg/L).

9. Detention ponds, if used, shall be managed to mitigate breeding of mosquitoes including, but not limited to the following:
a. An erosion control program shall be implemented to ensure that small coves and irregularities are not created around the perimeter of the water surface. b. Weeds shall be minimized through control of water depth, a shoreline synthetic liner, harvesting, or herbicides.
c. Dead algae, vegetation, and debris shall be removed from the water surface. d. Coordination with the local mosquito abatement or vector control district to supplement the measures described above in cases where other methods are infeasible.

10. Berms must be designed, constructed, and maintained to prevent run-on and run-off from a 25-year, 24-hour peak storm event at a minimum. Berms must be adequately protected from erosion, and must not cause, threaten to cause, or contribute to conditions resulting in contamination, pollution, or nuisance.

11. Drainage conveyance systems must be designed, constructed, and maintained for conveyance of wastewater from the working surface in addition to direct precipitation from a 25-year, 24-hour peak storm event at a minimum. Ditches must be properly sloped to minimize ponding and kept free and clear of debris to allow for continuous flow of liquid.

Ditches must be adequately protected from erosion, and must not cause, threaten to cause, or contribute to conditions resulting in contamination, pollution, or nuisance.

Ditches must be inspected and cleaned out prior to the wet season every year.

DESIGN, CONSTRUCTION AND OPERATION REQUIREMENTS – TIER II ONLY

1. Working surfaces must be capable of resisting damage from the movement of equipment and weight of piles, and have a hydraulic conductivity of 1.0 x 10-5 centimeters per second (cm/s) or less. Working surfaces must consist of one of the following:
a. Compacted soils, with a minimum thickness of one foot; b. Asphaltic concrete or Portland cement concrete; or
c. An equivalent engineered alternative specified in an NOI and/or a technical report, and approved by the Regional Water Board.
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
21 2. Detention ponds must be designed, constructed, operated, and maintained to meet a hydraulic conductivity of 1.0 x 10-6 cm/s or less. These ponds must include one of the following:
a. A liner system consisting of a 40 thousandths of an inch (mil) synthetic geomembrane (60-mil if high-density polyethylene), underlain by either one foot of compacted clay or a geosynthetic clay liner installed over a prepared base; b. A liner system that includes Portland cement concrete – designed to minimize cracking and infiltration – underlain by a 40-mil synthetic geomembrane (60-mil if high-density polyethylene); or
c. An equivalent engineered alternative specified in an NOI and/or a technical report, and approved by the Regional Water Board.

3. Detention ponds must be designed and constructed with a pan lysimeter monitoring device under the lowest point of the pond, or an equivalent engineered alternative specified in an NOI and/or a technical report, and approved by the Regional Water Board. The engineered alternative must provide equivalent assurance of the earliest possible detection or prevention of a release from the pond.

4. Tanks, if used, must be designed, operated, maintained and monitored in accordance with applicable laws and regulations.

5. Drainage ditches must be designed, constructed, and maintained to convey all precipitation and runoff from a 25-year, 24-hour peak storm event at a minimum and have a hydraulic conductivity of 1.0 x 10-5 cm/s or less, and be lined with one of the following:
a. Compacted soils, with a minimum thickness of one foot; b. Asphaltic concrete or Portland cement concrete; or
c. An equivalent engineered alternative specified in an NOI and/or a technical report, and approved by the Regional Water Board.

MONITORING REQUIREMENTS

1. Dischargers subject to this General Order must implement the applicable requirements specified in Attachment B, the MRP, which are hereby incorporated by reference as part of this General Order.

2. Pursuant to Water Code section 13267, the Discharger must comply with the applicable requirements specified in the MRP (Attachment B). If a site-specific MRP becomes necessary, the Discharger must comply with requirements specified in an individual MRP issued to the Discharger by the Regional Water Board. Failure to comply with the applicable requirements specified in Attachment B or a site-specific MRP issued by the Regional Water Board may subject the Discharger to civil liability. (Wat. Code, § 13268.)

3. In lieu of meeting hydraulic conductivity specifications for Tier II working surfaces and drainage ditches, the Discharger may implement a groundwater protection monitoring program. The Discharger shall confirm this intention by submitting a complete #4..
- 573 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
22 Groundwater Protection Monitoring Plan in the technical report with the NOI, as described in Attachment D.

4. Within 90 days of issuance of an NOA, the Discharger shall implement the approved Groundwater Protection Monitoring Plan, if applicable.

MAINTENANCE REQUIREMENTS

1. The Discharger shall maintain containment structures (e.g. berms, pads, detention ponds, tanks, run-on/run-off control structures, etc.) and monitoring systems (e.g. groundwater monitoring devices) in good working order.

2. The Discharger must regularly inspect and maintain all containment structures and monitoring systems pursuant to this General Order, MRP, and NOA. The frequency of inspections must be sufficient to prevent feedstocks, additives, amendments, compost (active, curing, or final product), or wastewater from creating, threatening to create, or contributing to conditions of contamination, pollution, or nuisance.

SITE CLOSURE REQUIREMENTS

1. Release of wastes or waste-derived constituents at an unmanaged, inactive, or abandoned composting operation may cause, threaten to cause, or contribute to degradation of the waters of the state. At least 90 days prior to ceasing composting operations, the discharger shall submit a Site Closure Plan to the Regional Water Board for approval.

2. The Discharger must jointly notify the appropriate Regional Water Board and Local Enforcement Agency in writing at the conclusion of the site closure activities that describes closure in accordance with the Site Closure Plan and Regional Water Board requirements.

REPORT REQUIREMENTS

1. General Reporting Requirements – The Discharger must furnish the following information within a timeframe specified by the Regional Water Board:
a. Any information which the Regional Water Board may request to determine compliance with this General Order; and
b. Copies of records required to be kept by this General Order.

2. NOI and Technical Report – The Discharger must submit an NOI and technical report as specified in Attachments C and D of this General Order. The Discharger must submit general information, site conditions, design, operations and monitoring information and a compliance schedule for existing facilities. The Discharger must submit a technical report with design information at least 90 days prior to any new construction of any working surfaces, detention ponds, berms, ditches, or any other water quality protection containment structure for approval by the appropriate Regional Water Board. The design information must include water balance calculations for detention ponds, design of #4..
- 574 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
23 wastewater conveyance features, liner materials and thicknesses, and rationale for liner system design. The technical report must ensure testing and quality assurance of liner materials and compacted soils in accordance with commonly accepted engineering practices, American Society for Testing and Materials test methods, and/or other appropriate material standards.

3. Final Post-Construction Report – The Discharger must submit a post-construction report to the Regional Water Board within 60 days of completing all construction activities associated with all applicable containment and monitoring structures, as required for compliance with this General Order and the MRP. The post-construction report must contain as-built plans and specifications to document that containment and monitoring structures were properly constructed and tested.

4. Annual Monitoring and Maintenance Report - The Discharger must submit an Annual Monitoring and Maintenance Report to the appropriate Regional Water Board no later than April 1st of each year (or next subsequent business day, if falling on a weekend or stateobserved holiday), as described in the MRP. The Annual Monitoring and Maintenance Report must summarize all monitoring and maintenance activities performed and adverse conditions noted since the prior reporting period with respect to all berms, ditches, working surfaces, detention ponds, and monitoring systems. As part of the Annual Monitoring and Maintenance Report, the Discharger must certify that the composting operation complies with the requirements of this General Order and applicable portions of the MRP.

5. Reporting Declaration - All applications, reports, or information submitted to the Regional Water Boards must be signed and certified as follows:
a. The NOI must be signed as follows:
1) For a corporation - by a principal executive officer of at least the level of vice president;
2) For a partnership or sole proprietorship - by a general partner or the proprietor, respectively;
3) For a municipality, state, federal, or other public agency - by either a principal executive officer or ranking elected official; or
4) For a military facility - by the base commander or person with authority and responsibility for environmental matters at the facility. b. All other reports required by this General Order and other information required by the Regional Water Board must be signed by a person designated in paragraph (a) above, or by a duly authorized representative of that person. An individual is a duly authorized representative only if:
1) The authorization is made in writing by a person described in paragraph (a) above;
2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity; and 3) The written authorization is submitted to the Regional Water Board. #4..
- 575 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
24 c. Any person signing a document under this section must make the following certification:
"I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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."

6. Report Submittals –The State Water Board and Regional Water Boards are transitioning to the paperless office system. Dischargers must submit reports (both technical and monitoring reports) to the State Water Board’s GeoTracker database over the Internet in portable document format (PDF) as specified in California Code of Regulations, title 23, section 3892, subdivision (d) and section 3893. In addition, analytical data must be uploaded to the GeoTracker database under a site-specific global identification number.

Information on the GeoTracker database is provided at:
http://www.swrcb.ca.gov/ust/electronic_submittal/index.shtml;

7. Use of Licensed Professionals – The Business and Professions Code sections 6735, 7835, and 7835.1 require that engineering and geologic evaluations and judgments be performed by or under the direction of licensed professionals. Any plan or report submitted in compliance with the requirements of this General Order, which requires technical interpretation, or proposes either a design, or a design change that might affect the composting operation’s containment features, detention ponds, or monitoring systems must be prepared by, or under the direction of, appropriately licensed professionals (e.g., registered civil engineer, professional geologist, or other registered certified specialty geologist) by the State of California. In addition, the licensee must sign and provide his or her registration number, or stamp the submitted plan or report.

NOTIFICATION REQUIREMENTS

1. Revised Notice of Intent – The Discharger must submit a revised NOI to the Regional Water Board, CalRecycle, and the Local Enforcement Agency at least 90 days prior to:
(1) adding a new feedstock, additive, or amendment; (2) changing material or construction specifications; (3) changing a monitoring program; or (4) changing an operation or activity that was not described in the approved NOI and technical report. The Regional Water Board may require submittal of a revised technical report.

2. Change in Ownership Notification Requirements – The Discharger must notify the Regional Water Board, CalRecycle, and the Local Enforcement Agency, in writing, at least #4..
- 576 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
25 30 days in advance of any transfer of the General Order’s responsibility and coverage from the current owner to a new owner. This notification shall include:
a. A statement of acknowledgment that the current owner is liable for violations occurring up to the transfer date and that the new owner is liable for violations occurring after the date that ownership of the property transfers; and b. The new owner’s NOI and technical report (if applicable).

3. Termination of Enrollment – Enrollment under this General Order may be terminated if any of the following occur:
a. The Regional Water Board, based on site-specific conditions or management practices, may require the Discharger to apply for individual WDRs. The applicability of this General Order to such dischargers will be rescinded upon adoption of individual WDRs;
b. At least 90 days prior to terminating all waste discharge activates, the Discharger must submit a Site Closure Plan to the Regional Water Board for approval. Filing a request by the Discharger for termination of this General Order does not stay any requirements of this General Order; or
c. If the operation is eligible for an exemption due to changes in process or procedures, the Discharger may propose termination. Filing a request by the Discharger for an exemption modification, revocation, reissuance, or termination of this General Order does not stay any requirement of this General Order.

4. Notification of Violations – If a violation of requirements of this General Order or MRP occurs, the Discharger must notify the Regional Water Board by telephone or email, within 48hours, once the Discharger has knowledge of the violation. This notification must include a description of the noncompliance and its cause, the period of noncompliance (dates and times); and if the noncompliance has not been corrected, the anticipated time the noncompliance is expected to continue. The notification must also include steps taken or planned to reduce, eliminate, or prevent recurrence of the noncompliance. Depending on the severity of the violation, the Regional Water Board may require the Discharger to submit a separate technical report regarding the violation within 10 working days of the initial notification.

5. Monitoring Wells – The Discharger must comply with all notice and reporting requirements of the Department of Water Resources, and with any local agency well permitting requirements regarding construction, alteration, destruction, or abandonment of any monitoring wells used for compliance with this General Order and MRP, as required under Water Code sections 13750.5 through 13755, and local agency requirements

ADDITIONAL REQUIREMENTS

1. Duty to Comply – Any noncompliance with this General Order constitutes a violation of the Water Code, and is grounds for enforcement action, and/or termination of enrollment under this General Order.
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- 577 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
26 2. Corrective Action – The Discharger must take all reasonable steps to minimize or correct any adverse impact to the environment resulting from noncompliance with this General Order, including accelerated or additional monitoring necessary to determine the nature and impact of the noncompliance.

3. Responsibility for Monitoring and Maintenance – Dischargers must be responsible for covering the costs associated with the activities necessary to maintain compliance with this General Order.

4. Maintenance Period – The maintenance period must continue until the Regional Water Board finds that all feedstocks, additives, amendments, compost (active, curing, or final product), wastewater, or other waste constituents or degradation products will not threaten waters of the state.

5. Revision of Waste Discharge Requirements – Enrollment under this General Order may be modified, revoked, reissued, or terminated for causes including, but not limited to, the following:
a. Violation of any terms or conditions of this General Order, b. Obtaining this General Order by misrepresentation or failure to disclose relevant facts, or
c. A change in any condition that requires a reduction or elimination of the authorized discharge.

Filing a request by the Discharger for modification, revocation, re-issuance, or termination of this General Order or notification of planned changes or anticipated noncompliance does not stay any condition of this General Order.

6. Change in Ownership – This General Order is not transferable to any person except after notice to the Regional Water Board, CalRecycle, and the Local Enforcement Agency. The Discharger must submit a Change in Ownership Notification, pursuant to the Notification Requirements section of this General Order.

7. Property Rights – This General Order does not convey any property rights of any sort or any exclusive privileges. Requirements prescribed herein do not authorize commission of any act causing injury to persons or property, nor protect the Discharger from liability under federal, state, or local laws or regulations, nor create a vested right for the owner and operator to continue the regulated activity.

8. Entry and Inspection – Under authority of Water Code section 13267, the Discharger must allow the State Water Board and/or Regional Water Board, or an authorized representative, upon presentation of credentials and other documents as may be required by law to:
a. Enter premises where a regulated facility or activity is located or conducted, or where records must be kept under specification of this General Order; b. Have access to copy, at reasonable times, any records that must be kept under specification of this General Order;
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- 578 -

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
27 c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or specified under this General Order; d. Sample or monitor for the purposes of determining compliance with this General Order, any substances or parameters at any location; and e. Photograph or video-record any structures, facilities, activities, or other conditions to determine compliance with this General Order.

9. Repository for Waste Discharge Requirements – A complete and correct copy of this General Order, the NOA, and any pertinent technical documents must be maintained at the local offices of the Discharger, and must be available to facility personnel at all times.

10. Severability – Provisions of this General Order are severable, and if any provision of this General Order or application of any provision of this General Order to any circumstance is held invalid, application of such provisions to other circumstances and the remainder of this General Order must not be affected thereby.

11. Effective Date – This General Order becomes effective upon its adoption by the State Water Board.

12. Penalties for Investigations, Monitoring, or Inspection Violations – The State Water Board and Regional Water Boards reserve the right to take any enforcement action authorized by law for violations of any terms and conditions of this General Order. 13 Civil Monetary Remedies – Water Code section 13350 et seq. provides that any person who intentionally or negligently violates any conditions issued or amended by the Regional Water Board or State Water Board, is subject to administrative civil liability of up to $10 per gallon of waste discharged, or up to $5,000 per day of violation. The Superior Court may impose civil liability of up to $10,000 per day of violation or, if a cleanup and abatement order has been issued, up to $15,000 per day of violation.

14. Other Regulations – Dischargers enrolled under this General Order may be subject to additional federal, state, or local regulations.

15. Requesting Judicial Review – Any person aggrieved by this General Order may, not later than 30 days from the date of adoption, file a petition for a writ of mandate for judicial review. Petitions that are not received within 30 days of the State Water Board’s adoption of the General Order will not be eligible for review by any court. (Wat. Code, § 13330 et seq.)

16. Delegation of Authority – By adoption of this General Order, the State Water Board delegates to the nine Regional Water Board Executive Officers, all powers and authority that may be delegated pursuant to Water Code section 13223. The State Water Board intends for the Executive Officers to make modifications or revisions in appropriate cases, to the maintenance and monitoring requirements contained within the MRP for Dischargers enrolled under this General Order; and to grant Dischargers enrollment or termination under this General Order and MRP pursuant to eligibility and termination criteria established in this General Order.
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
28 CERTIFICATION
The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duly and regularly adopted at a meeting of the State Water Resources Control Board held on August 4, 2015.

AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Dorene D’Adamo
NAY: None
ABSENT: None
ABSTAIN: None

Jeanine Townsend
Clerk to the Board
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015
29 THIS PAGE INTENTIONALLY LEFT BLANK
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-1
August 4, 2015

ATTACHMENT A - DEFINITIONS
For the purposes of this General Order, the following terms, phrases, or abbreviations have a narrow scope of meaning, and are as follows:

Active Compost - Compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition, or is releasing carbon dioxide at a rate of at least 15 milligrams per gram of active compost per day, or the equivalent of oxygen uptake.

This high temperature on thermophilic phase may last from several days to several weeks.

Additives - Material mixed with feedstocks or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, biosolids, or compost feedstock.

Agricultural Composting - The operation of composting conducted in agricultural settings where: (1) feedstocks consist of materials generated onsite by production of farm, ranch, agricultural, horticultural, silvicultural, floricultural, vermicultural, or viticultural products, for example, orchard and vineyard prunings, culls and crop residues, and spoiled or unsalvageable food commodities (but not including animal carcasses), and; (2) the resulting compost product is returned to that same agricultural site, or an agricultural site owned by the owner of the composting activity and applied at an agronomic rate. No more than an incidental amount of up to 1,000 cubic yards of compost product may be given away or sold annually.

Agricultural Material - Consists of pre-consumer plant materials coming directly from lands used in the production of farm, agricultural, horticultural, aquacultures, silvicultural, floricultural, vermicultural, or viticultural products, including orchard and vineyard prunings, and crop residues. Agricultural material does not include manure.

Amendments - Materials added to stabilized compost or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, biosolids, or compost feedstock.

Anaerobic Digestate - The solid portion of the material remaining after the anaerobic digestion of any combination of agricultural materials, biosolids, sewage sludge, food materials, green materials, manure, paper materials, or vegetative food materials. Dewatered digestate contains organic matter that may need to be further treated to stabilize it, usually through aerated composting.

Animal Carcasses - Refers to any whole or part (including, but may not be limited to the flesh, organs, blood, bones, and marrow) of a carcass of a bird, fish, or mammal, which cannot meet the definition of “food material.”
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-2
August 4, 2015
Background Water Quality - The concentrations or measures of constituents or indicator parameters in water or soil that have not been affected by waste constituents from the area being monitored.

Beneficial Uses - Pursuant to division 7, section 13050, subdivision (f) of the Water Code. “Beneficial uses” of waters of the state that may be protected against degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

Best Management Practice - A practice, or combination of practices, that is the most effective and feasible means of controlling degradation or pollution generated by nonpoint sources for the attainment of water quality objectives.

Biosolids - Sewage sludge that has been treated, tested, and meets:

1. The Ceiling Concentration Limits in Table 1 of 40 Code of Federal Regulations section 503.13;

2. The Class A or Class B pathogen control requirements in 40 Code of Federal Regulations part 503.32(a) or (b); and

3. One of the Vector Attraction Reduction requirements in 40 Code of Federal Regulations part 503.33(b)(1—8).

Exceptional Quality (EQ) biosolids – Biosolids meeting metals standards, Class A pathogen reduction standards, and one of the vector attraction reduction standards contained in 40 Code of Federal Regulations sections 503.13 (Table 3), section 503.32(a), and section 503.33(b) (1—8), respectively
Brine - Water saturated with or containing large amounts of common salt (sodium chloride), or a strong saline solution (e.g., calcium chloride).

California Environmental Quality Act (CEQA) - Refers to the statute promulgated in Public Resources Code, beginning with section 21000, and regulations promulgated in California Code of Regulations, title 14, chapter 3, beginning with section 15000, requiring state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.

CalRecycle - The Department of Resources Recycling and Recovery (formerly the California Integrated Waste Management Board), which is the lead agency for implementing the state’s municipal solid waste permit program that is deemed to be adequate by U.S. EPA under regulations published pursuant to sections 2002 and 4005 of the Resource Conservation and Recovery Act of 1976.

Chipping and Grinding Facilities and Operations - Facilities or operational areas that do not produce compost, but mechanically reduce the size or otherwise engage in the handling of “green material.” Each load of “green material” must be removed from the site within 48-hours #4..
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-3
August 4, 2015
from receipt, unless the Discharger has received written permission from the Local Enforcement Agency allowing the “green material” to remain onsite for up to 7 days.

Composting - A controlled microbial degradation of organic wastes yielding a safe and nuisance-free product.

Composting Conducted at a Publicly Owned Treatment Works - Refers to the composting of treated biosolids at a publicly owned treatment works, currently operating pursuant to permit or waste discharge requirements issued by a Regional Water Board or the State Water Board.

Composting Operation - shall mean the areas at which operations are conducted, including the receiving area, pre-processing, processing, curing, storage areas, detention ponds, and other areas associated with production of compost, including storage areas for feedstocks, additives, and/or amendments.

Constituent - An element or compound which occurs in or is likely to be derived from waste handled by a composting operation.

Constituent(s) of Concern - Any waste constituent(s), reaction product(s), and hazardous constituent(s) that is reasonably expected to be in or derived from waste handled by the composting operation.

Construction Quality Assurance - A planned system of activities that provides assurance that the facility or component thereof, is constructed as specified in the approved design. As used in this General Order, the term includes “Construction Quality Control,” a planned system of inspections that is used to directly monitor and control the quality of a construction project.

Containment Structures - Refers to any berm, ditch, working surface, detention pond, or other mechanism approved by the Regional Water Board at a Composting Operation designed, constructed, and maintained to limit feedstocks, additives, amendments, and/or compost (active, curing, or final product) from threatening to cause, causing, or contributing to conditions of contamination, pollution, or nuisance.

Contamination - Defined in section 13050, subdivision (k) of the Water Code.

Curing Compost - The final stage of the composting process that occurs after compost has undergone pathogen reduction, as defined in California Code of Regulations title 14, section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized. This curing phase begins after an active compost pile endures a sustained drop in temperature as remaining materials continue to decompose, but at a much slower rate. This helps to further decompose and stabilize potentially toxic organic acids and resistant compounds. The curing process helps bring compost to full-maturity, and can last several months.

Day - A calendar day unless otherwise specified.
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-4
August 4, 2015
Depth to Groundwater - The vertical distance measured, in feet, from the ground surface to the highest anticipated groundwater level.

Detention Pond - An excavated or diked area designed to capture and hold any wastewater.

Discharge - The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of wastes into or on any land or water.

Discharger - Any person who discharges waste which could affect the quality of waters of the state, and includes any person who owns a Composting Operation or who is responsible for the operation.

Distance to Nearest Water Supply Well - The horizontal distance measured, in feet, from the nearest edge of the composting operation to the center of the water supply well head.

Distance to Nearest Surface Water - Horizontal distance measured, in feet, from the nearest edge of the composting operation to the edge of the high water mark for lakes and reservoirs, mean high tide line for tidally influenced water bodies, or the natural or levied bank for creeks and rivers.

Electronic Deliverable Format - Defined in California Code of Regulations, title 23, division 3, chapter 30, article 1, section 3891.

Evapo-concentration - The process by which the ratio of solute to water solvent is increased by the removal of the solvent and retention of the solute.

Feedstocks - Materials used in the production of compost. Feedstocks shall not be considered as either additives or amendments.

Fertilizing Material - Defined in division 7, section 14533 of the Food and Agriculture Code.

Final Product - The compost material that has completed the curing phase. Residual substances originally present in the compost pile are consumed after proper curing. The compost has been brought to maturity, and organic acids and resistant compounds have been substantially decomposed.

Food Material - Solid, and/or semi-solid materials resulting from the production or processing of food for animal or human consumption, but is no longer intended for such consumption, that is separated from the municipal solid waste stream. Food material includes, without limitation, food waste from food facilities (as defined in Health and Safety Code, section 113789), food processing establishments (as defined in Health and Safety Code, section 111955), grocery stores, institutional cafeterias (such as prisons, schools, and hospitals), restaurants, and residential food scrap collection. Food material may include meat and materials incidental to a food scrap collection program. Food material shall not contain any substance included in the Prohibitions section of this General Order.

Geocomposite Liner - A manufactured material using geotextiles, geogrids, geonets, and/or geomembranes in laminated or composite form.
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-5
August 4, 2015
Geomembrane - Flexible materials in planar form manufactured to meet specific engineering purposes. Commonly, they are used as a barrier to waste solids and fluids. The term “geomembrane” is synonymous with “synthetic liner” and “flexible membrane liner”.

GeoTracker - The State Water Board database as defined in California Code of Regulations, title 23, section 3891.

Green Composting Waiver - Refers to the “Conditional Waiver of Waste Discharge Requirements for Composting Operations.” Adopted by most Regional Water Boards in 1996, this waiver covered the composting of green waste, some food processing waste, agricultural waste, and paper waste discharged to land with a volume in excess of 500 cubic yards.

Green Material - Any plant material that is separated at the point of generation and consists of, or contains, materials from plants, including leaves, clippings, cuttings, trimmings of grass, weeds, shrubbery, bushes, or trees, residential or community garden waste, and untreated wood waste. Green material does not include food material, biosolids, material processed from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris.

Groundwater - Water below the ground surface that is at or above atmospheric pressure (i.e., perched, unconfined, or confined water).

Groundwater Elevation - The vertical distance measured, in feet, from mean sea level to the water table of the first encountered groundwater below the ground surface.

Hydraulic conductivity - The ability of natural and artificial materials to transmit fluid. For water, including aqueous solutions, the term is expressed as a measure of the rate of flow (e.g., cubic centimeters per second) one can expect through a unit-area (e.g., one square centimeter) cross section of the material under a unit hydraulic gradient (e.g., one centimeter of head loss per centimeter of travel through the material). The resulting numerical value is expressed in velocity units (e.g., centimeters per second).

Leachate - Any liquid formed by the drainage of liquids from, or percolation/flow of liquids through any feedstock, additive, amendment, or compost (active, curing, or final product) pile.

Liquid Food Material - Liquid materials resulting from the production or processing of food for animal or human consumption - but is no longer intended for such consumption - that is separated at the point of generation from the waste stream (e.g., cheese whey, brewery waste, etc.). Liquid food material shall not contain either: brines or any waste included in the Prohibitions section of this General Order.

Liquid Wastes - Waste materials which are not spadeable or in a physical state where the waste materials behave sufficiently like a solid to be moved by a spade at normal outdoor temperatures.
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-6
August 4, 2015
Liner - A material or combination of materials designed, constructed, and maintained to contain any wastewater feedstock, additive, amendment, or compost (active, curing, or final product) discharged to land.

Local Enforcement Agencies (LEA) - Agencies that are designated by the governing body of a county or city and, upon certification by CalRecycle, are empowered to implement delegated CalRecycle programs and locally designated activities.

Lot Clearing for Fire Protection - Refers to the storage of yard trimmings at a publicly designated site for the collection of lot clearing necessary for fire protection provided that the public agency designating the site has notified the fire protection agency.

Manure - Accumulated excrement (e.g., cattle manure, chicken manure, pig manure), which includes feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine that does not exceed its moisture holding capacity.

Major Storm Event - Is defined as a minimum of one inch of precipitation within 24 hours.

Moisture Holding Capacity - The amount of liquid which can be held against gravity by waste materials without generating free liquid.

National Pollutant Discharge Elimination System (NPDES) - Refers to the national program under Clean Water Act section 402 (33 U.S.C. § 1342), for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by a National Pollutant Discharge Elimination System permit.

Nonhazardous Solid Waste - Means all putrescible and nonputrescible solid, semi-solid, 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, manure, vegetable or animal solid and semi-solid wastes and other discarded waste (whether of solid or semi-solid consistency); provided that such wastes do not contain wastes which must be managed as hazardous wastes, or wastes which contain soluble pollutants in concentrations which exceed applicable water quality objectives, or could cause degradation of waters of the state (i.e., designated waste).

Nuisance - Defined in section 13050, subdivision (m) of the Water Code.

Pad - See definition for “working surface.”
Paper Material - Nonhazardous paper and paper by-products (including paper, cardboard, tissue, and other products manufactured from vegetative fibers).

Percolation test - A method of testing water absorption of soil. The percolation test shall be conducted as follows or an approved alternative: a minimum of six percolation tests shall be required as follows:

1. Four holes shall be spaced uniformly throughout the operations pad area to a minimum of 24 inches deep; and
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-7
August 4, 2015

2. Two holes outside the perimeter of the detention pond nearest the deepest corner. The holes shall be dug a minimum of 24 inches below the deepest part of the pond.

3. Percolation testing shall be conducted in accordance with local codes and ordinances and performed under the direction of a Professional Geologist, Civil Engineer, or Registered Environmental Health Specialist.

Pollution - Defined in section 13050, subdivision (l) of the Water Code.

Portable Document Format (PDF) - Defined in California Code of Regulations, title 23, division 3, chapter 30, article 2, section 3891.

Precipitation - Is any condensate of atmospheric water vapor and includes hail, mist, rain, sleet, or snow.

Publicly Owned Treatment Works (POTW) - Is as defined in part 403, section 403.3(q) of 40 Code of Federal Regulations.

Radioactive Material - Defined in California Code of Regulations, title 17, section 30100, subdivision (q).

Residentially co-collected or self-hauled food and green materials - Food scraps, food soiled paper, and related items that are produced in a residential setting and are set out to be co-collected with green materials (i.e. yard trimmings) as part of a municipal co-collection, or self-hauled program. No more than 10 percent of residential food material may be comingled with green materials.

Regional Water Quality Control Board (Regional Water Board) - All references to a Regional Water Board, include the Executive Officer, who may act for the Regional Water Board in carrying out this General Order. (Wat. Code, § 13050, subd. (b) & § 13223.) Residual - The waste destined for disposal or recycling, and removed from the site.

Runoff - Any precipitation, wastewater, or other liquids that drain from any part of a Composting Operation.

Run-on - Any precipitation, wastewater, or other liquids that drain onto any part of the Composting Operation.

Separated at the Point of Generation - Includes material separated from the waste stream by the generator of that material. It may also include material from a centralized facility as long as that material was kept separate from the waste stream prior to receipt by that facility and the material was not commingled with other waste during handling.

Septage - Any waste removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar wastewater handling device that has not passed through a municipal wastewater treatment facility.
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-8
August 4, 2015
Sewage Sludge - Any solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a municipal wastewater treatment facility. It includes solids removed or used during primary, secondary, or advanced wastewater treatment processes. It does not include grit or screening material generated during preliminary treatment of domestic sewage at a municipal wastewater treatment facility. Sewage sludge does not include biosolids that meet the criteria in Table 1 of 40 Code of Federal Regulations section 503.13.

Significant Maintenance Activities - Refers to, but may not be limited to, those activities which could alter existing surface drainage patterns, change the existing slope configuration, occur as a result of repairing surfaces or conveyances that were damaged, or result in the installation or destruction of any monitoring system at the composting operation (e.g., groundwater monitoring well, lysimeter, etc.).

Sludge - Refers to the solid, semi-solid, or liquid residue produced by water, wastewater, or sewage treatment processes.

Source Separated - Materials that have been separated or kept separate from the waste stream, at the point of generation, for the purpose of composting.

Tier I Feedstocks - The following are allowable Tier I feedstocks: agricultural materials, green materials, paper materials, vegetative food materials, residentially co-collected food and green materials, anaerobic digestate derived from allowable Tier I feedstocks, and a combination of allowable Tier I feedstocks.

Tier II Feedstock - The following are allowable Tier II feedstocks: food materials (nonvegetative); biosolids (Class A, B, and/or EQ) as defined by 40 Code of Federal Regulations part 503; manure; anaerobic digestate derived from allowable Tier II feedstocks; and a combination of allowable Tier I and Tier II feedstocks.

Vegetative Food Material - Food material resulting from the production or processing of food for animal or human consumption, but is no longer intended for such consumption, that is derived solely from plants and is separated from the municipal solid waste stream. Vegetative food material may be processed or cooked but must otherwise remain in its essentially natural state and no salts, preservatives, fats, oils, or other adulterants have been added.

Water Quality Control Plan (Basin Plan) - Defined in division 7, section 13050, subdivision (j) of the Water Code.

Wastewater - Refers to leachate or any other liquid flowing from, or on the working surface.

Water Boards - Refers collectively to the State Water Resources Control Board and the nine Regional Water Quality Control Boards.

Waste - Defined in Water Code section 13050, subdivision (d).

Water Quality Objectives - Defined in Water Code section 13050, subdivision (h).

Waters of the State - Defined in Water Code section 13050, subdivision (e). #4..
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ATTACHMENT A - DEFINITIONS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS A-9
August 4, 2015
Wet Season - Defined as October 1 through April 30.

Working Surface - Any area at a Composting Operation used for the storage and/or treatment of feedstocks, additives, amendments, or compost (active, curing, or final product). The final product area may be excluded from the working surface hydraulic conductivity requirements under the following conditions:
 The area is isolated in a dedicated area away from the active and curing compost;  The area is clearly marked as “final product” and
 The area is identified in the NOI and technical report and approved by the Regional Water Board.

Within Vessel and Fully enclosed - Refers to the action of receiving, composting, curing or storing any feedstock within a fully enclosed vessel or container (e.g., drum, silo, bin, bunker, tunnel, reactor, fabric-covered aerated static piles) where the organic material is covered on all sides and rests on a stable surface with environmental controls for managing all wastewaters. #4..
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August 4, 2015

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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-1
August 4, 2015
ATTACHMENT B – MONITORING AND REPORTING PROGRAM
This Monitoring and Reporting Program (MRP) is issued pursuant to Water Code section 13267.

The Discharger shall not implement any changes to this MRP unless and until a revised MRP is issued by the Regional Water Board.

This MRP includes monitoring, reporting and record keeping requirements for composting operations. Monitoring requirements include facility inspections, detention basin water quality, groundwater protection monitoring, and general sampling, as appropriate. Reporting includes requirements for the Annual Monitoring and Maintenance Report, notification of violations, and reporting of significant events. Record keeping describes the types of information and length of time that the Discharger must keep and maintain reports.

The Discharger owns and/or operates the composting operation subject to the NOA and this General Order. The reports are necessary to ensure that the Discharger complies with the NOA and the General Order. Pursuant to Water Code section 13267, the Discharger shall implement this MRP and shall submit monitoring reports described herein.

A. ROUTINE MONITORING REQUIREMENTS

1. FACILITY INSPECTIONS
Any discharger enrolled under this General Order must inspect the composting operation in accordance with the following schedule and record, at a minimum, the observations described below:
a. Operations Areas – Perform quarterly inspections of the working surfaces, berms, ditches, facility perimeter, erosion control best management practices (BMPs), and any other operational surfaces (as specified in the NOI and/or a technical report, and approved by the Regional Water Board). The Discharger shall include the following observations in the Annual Monitoring and Maintenance Report:
1) Date and time of inspections, along with the name of the inspector; 2) Evidence of areas of deficiency such as cracking or subsidence in the working surfaces;
3) Evidence of ponding over the working surfaces and within ditches (show affected area on a map);
4) Effectiveness of erosion control BMPs;
5) Maintenance activities associated with, but not limited to, the working surfaces, berms, ditches, and erosion control BMPs;
6) Evidence of any water or wastewater leaving or entering the facility, estimated size of affected area, and estimated flow rate (show affected area on a map); 7) Integrity of drainage systems during the wet season; and 8) Photographs of observed and corrected deficiencies.
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-2
August 4, 2015
b. Wastewater Management System - Perform quarterly inspections of the wastewater management system and submit the following observations and records in the Annual Monitoring and Maintenance Report:
1) Date and time of inspections along with name of inspector; 2) The overall condition of the wastewater management system (i.e. pond liner, storage tank construction, municipal wastewater connection points); 3) The available capacity within storage systems and the current volume of wastewater (gallons) or solids (cubic yards) contained; 4) Presence of odors from the wastewater management system – characterization, source, and distance from source;
5) Volume of wastewater treated and discharged, if applicable; and 6) Volume of wastewater disposed at an off-site treatment system and name and location of the wastewater treatment facility, if applicable. c. Annual Survey – Perform annual survey of the facility to confirm that all containment structures are prepared for the pending wet season. Dischargers shall conduct an annual survey prior to the anticipated wet season, but no later than August 31 and complete any necessary construction, maintenance, or repairs by October 31. The Discharger shall include the following in the Annual Monitoring and Maintenance Report:
1) The observation date and time of the survey, along with the name of the inspector
2) The type of deficiency/non-compliance observed;
3) The cause for the deficiency/noncompliance;
4) Map showing the area of deficiency/noncompliance;
5) The corrective actions undertaken, or planned to resolve the deficiency/noncompliance, including the date and time of repairs; 6) The measures undertaken by the Discharger to prevent the recurrence of the observed deficiency/noncompliance; and
7) Photographs of the observed deficiencies/noncompliance with corresponding location on the map.
d. Major Storm Events - The Discharger shall inspect all precipitation, diversion, and drainage facilities for damage within 7 days following major storm events.

Necessary repairs shall be completed within 30 days of the inspection. The Discharger shall report any damage and subsequent repairs including photographs of the problem and repairs in the Annual Monitoring and Maintenance Report. #4..
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-3
August 4, 2015

2. DETENTION POND MONITORING (IF APPLICABLE)
a. Any Discharger enrolled under this General Order that has a detention pond to manage wastewater onsite must conduct monitoring of the wastewater within the detention pond quarterly when there is sufficient water and analyze the sample for the parameters listed Table B-1. Water sample analyses shall be conducted by a laboratory certified for such analyses by the State Water Board’s Environmental Laboratory Accreditation Program. These laboratory analyses shall be conducted in accordance with 40 Code of Federal Regulations part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) or other test methods approved by the Regional Water Board.

Table B-1
Detention Pond Monitoring
Constituent Units Sample Frequency Reporting Frequency
pH std. units Quarterly Annually
Dissolved Oxygen mg/L Quarterly Annually
Total Dissolved Solids mg/L Quarterly Annually
Fixed Dissolved Solids mg/L Quarterly Annually
Total Nitrogen mg/L Quarterly Annually
Specific Conductance µmhos/cm Quarterly Annually
Note: These field parameters are measured during each sampling event.

Detention Pond Leak Detection Monitoring (Tier II only) – The leak detection monitoring device (i.e. pan lysimeter) shall be checked monthly during the wet season for liquid. Upon detection of liquid in a previously dry monitoring device Discharger shall notify the Regional Water Board within 48 hours; collect a sample and analyze the liquid for the constituents listed in Table B-1; remove the liquid from the device; and continue to monitor weekly. If liquid reappears, another sample must be collected and analyzed for the constituents in Table B-1. If the liquid is confirmed to be wastewater, the Discharger must submit a Response Action Plan within 30 days for review and approval by the Regional Water Board. b. The results of any monitoring conducted more frequently than required at the locations specified in this General Order shall be reported to the Regional Water Board.

3. BIOSOLIDS MONITORING (IF APPLICABLE)
a. Any Discharger enrolled under this General Order that uses biosolids as a feedstock, shall present analytical results from a certified laboratory to show proof that the biosolids meet, at a minimum, with the ceiling concentrations listed in Table 1 of 40 Code of Federal Regulations part 503. Biosolids may be characterized by the entity that generates or otherwise processes the material. Use of analytical data prepared by such an entity may be accepted in lieu of the sampling listed below. The characterization shall contain a description of the sample procedures, the analytical #4..
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-4
August 4, 2015
report, and a statement by a responsible person that the characterization was performed in a way that accurately characterizes the quality of the biosolids. The statement shall be signed by, and shall contain the certification language contained in the General Order under Reporting Requirements. U.S. EPA regularly reviews, and may revise, the limitations and requirements of 40 Code of Federal Regulations part 503 and should be reviewed for updates.
b. Any discharger enrolled under this General Order that uses biosolids as a feedstock and does not show results from a certified laboratory shall perform monitoring to characterize the material for the parameters listed in Table B-2. The characterization shall contain a description of the sample procedures, the analytical report, and a statement by a responsible person that the characterization was performed in a way that accurately characterizes the quality of the biosolids. The statement shall be signed by, and shall contain the certification language contained in the General Order under Reporting Requirements.

Table B-2
Biosolids Monitoring
Constituent Units Sample Frequency Reporting Frequency
Arsenic mg/kg Sample each delivery Annually
Cadmium mg/kg Sample each delivery Annually
Copper mg/kg Sample each delivery Annually
Lead mg/kg Sample each delivery Annually
Mercury mg/kg Sample each delivery Annually
Molybdenum mg/kg Sample each delivery Annually
Nickel mg/kg Sample each delivery Annually
Selenium mg/kg Sample each delivery Annually
Zinc mg/kg Sample each delivery Annually

4. GROUNDWATER PROTECTION MONITORING (IF APPLICABLE)
a. A Discharger that is required to perform groundwater monitoring due to site conditions shall perform the monitoring shown in Table B-3. Sample analysis shall be conducted by a laboratory certified by the State Water Board’s Environmental Laboratory Accreditation Program. These laboratory analyses shall be conducted in accordance with 40 Code of Federal Regulations part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) or other test methods approved by the Regional Water Board.
b. Discharger is required to implement the sampling and analysis program detailed in the approved Groundwater Protection Monitoring Plan submitted with the NOI as part of the accompanying technical report described in Attachment D, which is hereby incorporated by reference as part of this MRP.
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-5
August 4, 2015
c. The results of any monitoring conducted more frequently than required at the locations specified in this General Order shall be reported to the Regional Water Board.

Table B-3
Groundwater Monitoring
Constituent Units Sample Frequency Reporting Frequency
Groundwater Elevation a0.01 Feet Quarterly Annually
Depth to Groundwater 0.01 Feet Quarterly Annually
Gradient Feet/Feet Quarterly Annually
Gradient Direction Degrees Quarterly Annually
pH Std. Units Quarterly Annually
Total Dissolved Solids mg/L Quarterly Annually
Nitrate as Nitrogen mg/L Quarterly Annually
Sodium mg/L Quarterly Annually
Chloride mg/L Quarterly Annually
Total Coliform Organisms b MPN/100 mL Quarterly Annually a. Groundwater elevation shall be based on depth to water using a surveyed measuring point elevation on the well and a surveyed reference elevation. b. Using a minimum of 15 tubes, or three dilutions.

5. GENERAL SAMPLING REQUIREMENTS
a. The Discharger shall use clean sample containers and sample handling, storage, and preservation methods that are accepted or recommended by the selected analytical laboratory or, as appropriate, in accordance with approved U.S. EPA analytical methods.
b. All samples collected shall be representative of the volume and nature of the material being sampled.
c. All sample containers shall be labeled and records maintained to show the time and date of collection as well as the person collecting the sample and the sample location.
d. All samples collected for laboratory analyses shall be preserved and submitted to the laboratory within the required holding time appropriate for the analytical method used and the constituents analyzed.
e. All samples submitted to a laboratory for analyses shall be identified in a properly completed and signed Chain of Custody form.
f. Field instruments may be used provided:
1) The operator is trained in the proper use and maintenance of the instruments; 2) The instruments are field calibrated prior to each monitoring event; and 3) Instruments are serviced and/or calibrated by the manufacturer at the recommended frequency.
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-6
August 4, 2015
g. Analytical results falling between the method detection limit (MDL) and the practical quantitation limit (PQL) shall be reported as “estimated,” be accompanied by documents reporting both the MDL and PQL values for that analytical run, and be flagged appropriately (i.e., “J-flagged”).
h. MDLs and PQLs shall be derived by the laboratory for each analytical procedure in accordance with the State Water Board’s Environmental Laboratory Accreditation Program. In a relatively interference-free laboratory, derived MDLs and PQLs are expected to agree closely with published U.S. EPA MDLs and PQLs. i. If the laboratory suspects that, due to a change in matrix or other effects, the MDL or PQL for a particular analytical run differs significantly from historic MDL or PQL values, results shall be flagged and reported in the quality assurance/quality control (QA/QC) report.
j. The MDL shall always be calculated such that it represents the lowest achievable concentration associated with a 99 percent reliability of non-zero results. k. The PQL shall represent the lowest concentration at which a numerical value can be assigned with reasonable certainty.
l. All quality assurance/quality control data shall be reported, along with sample results to which it applies. This information shall include method, equipment, analytical detection, quantitation limits, recovery rates, an explanation for any recovery rate that is outside method specifications, results of equipment and method blanks, results of matrix spikes and surrogate samples, and the frequency of quality control analysis. Sample results shall be reported unadjusted for blank results or spike recovery. In cases where contaminants are detected in the quality assurance/quality control samples (i.e., field, trip, or laboratory blanks), the accompanying sample results shall be appropriately flagged.

B. REPORTING REQUIREMENTS

1. ANNUAL MONITORING AND MAINTENANCE REPORT
The Annual Monitoring and Maintenance Report shall be submitted to the Regional Water Board by April 1st each year. The Discharger must submit this report in a searchable, electronic format (i.e., Portable Document Format (PDF) and Electronic Deliverable Format (EDF) via the State Water Board’s Internet GeoTracker system at <http://geotracker.waterboards.ca.gov/> as required by this General Order. The report must include the following:
a. A transmittal letter explaining the essential points shall accompany each report. At a minimum, the transmittal letter shall identify any violations found since the last report was submitted and a description of the actions taken or planned for correcting those violations, including any references to previously submitted time schedules. If no violations have occurred since the last submittal, this shall be stated in the transmittal letter;
b. A map or aerial photograph showing the locations of observation stations and monitoring points;
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-7
August 4, 2015
c. Tabular and graphical summaries of all water quality data collected during the year, including wastewater monitoring if applicable; and
d. All historical monitoring data collected during the previous 5 years, and for which there are detectable results, including data for the previous year, shall be submitted in tabular form and in a digital file format.
e. Monitoring information must include at a minimum:
1) The date, identity of sample, monitoring point from which the sample was collected, and time of sampling or measurement;
2) The name of the individual(s) who performed the sampling or measurements; 3) Date and time that analyses were started and completed; 4) The analytical techniques or method used, including method of preserving the sample and the identity and volume of reagents used; and 5) Field instrument calibration logs.
f. Copy of the complete laboratory analytical report(s), signed by the laboratory director or project manager, and at a minimum contain:
1) Complete sample analytical reports;
2) Complete laboratory QA/QC reports;
3) A discussion of the sample and QA/QC data;
4) A properly completed “chain of custody” from the analyzed samples; and 5) A transmittal letter stating whether or not all of the analytical work was supervised by the director of the laboratory, and contain the following statement:
“All analyses were conducted at a laboratory certified for such analyses by the State Water Board’s Environmental Laboratory Accreditation Program in accordance with current U.S. EPA procedures.”
g. Results and discussion from the annual survey;
h. Results and discussion of the groundwater protection monitoring, if applicable, including statistical analysis as submitted in the NOI and accompanying technical report, and approved by the Regional Water Board;
i. A summary of completion of inspections and maintenance of the working surfaces, berms, ditches, erosion control BMPs or other containment structures; j. An evaluation of completion of inspections and maintenance on the effectiveness of the wastewater handling facilities including results of the annual testing of wastewater, capacity issues, nuisance conditions, and system problems; k. A comprehensive discussion of the compliance record, and the result of any corrective actions taken or planned which may be needed to bring the Discharger into full compliance with this General Order; and
l. A discussion of any data gaps and potential deficiencies/redundancies in the monitoring system or reporting program.
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-8
August 4, 2015

2. NOTIFICATION OF VIOLATIONS
If the Discharger determines there has been a violation of the requirements specified in either the General Order or this MRP, the Discharger must notify the Regional Water Board office by telephone or email, within 48 hours, once the Discharger has knowledge of the violation. The notification must include a description of the noncompliance and its cause, the period of noncompliance (dates and times); and if the noncompliance has not been corrected, the anticipated time the noncompliance is expected to continue. The notification must also include steps taken or planned to reduce, eliminate, or prevent recurrence of the noncompliance.

The Regional Water Board may, depending on the severity of the violation, require the Discharger to submit a separate technical report regarding the violation within 10 working days of the initial notification.

3. PRIORITY REPORTING OF SIGNIFICANT EVENTS
The Discharger shall report any noncompliance that endangers human health or the environment within 24 hours of becoming aware of its occurrence. The incident shall be reported to the Regional Water Board, the local environmental health department, and to the California Governor’s Office of Emergency Services (CalOES). During non-business hours, the Discharger shall leave a message on the Regional Water Board’s voice mail.

The message shall include the time, date, place, and nature of the noncompliance, name, and number of the reporting person, and shall be recorded in writing by the Discharger.

CalOES is operational 24 hours a day. A written report shall be submitted to the Regional Water Board office within 10 working days of the Discharger becoming aware of the incident. The report shall contain a description of the noncompliance, causes, duration, and the actual or anticipated time for achieving compliance. The report shall include complete details of steps that the Discharger has taken or intends to take to prevent recurrence. All intentional or accidental spills shall be reported as required by this provision. The written submission shall contain:
a. The approximate date, time, and location of the noncompliance including a description of the ultimate destination of any unauthorized discharge and the flow path of such discharge to a receiving water body;
b. A description of the noncompliance and its cause;
c. The flow rate, volume, and duration of any discharge involved in the noncompliance; d. The amount of precipitation (in inches) the day of any discharge and for each of the seven days preceding the discharge;
e. A description (location, date and time collected, field measurements of pH, temperature, dissolved oxygen and electrical conductivity, sample identification, date submitted to laboratory, and analyses requested) of noncompliance discharge samples and/or surface water samples taken;
f. The period of noncompliance, including dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; #4..
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ATTACHMENT B – MONITORING AND REPORTING PROGRAM

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS B-9
August 4, 2015
g. A time schedule and a plan to implement corrective actions necessary to prevent the recurrence of such noncompliance; and
h. The laboratory analyses of the noncompliance discharge sample and/or upstream and downstream surface water samples shall be submitted to the Regional Water Board office within 45 days of the discharge.

C. RECORD-KEEPING REQUIREMENTS
The Discharger must retain records of all monitoring information, including all calibration and maintenance records, and copies of all reports required by this MRP, for a minimum of 5 years from the date of sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding the discharge or when requested by the Regional Water Board. Records of monitoring information must include at a minimum:
a. The date, identity of sample, monitoring point from which the sample was collected, and time of sampling or measurement;
b. The name of the individual(s) who performed the sampling or measurements; c. Training logs and records;
d. Date and time that analyses were started and completed; e. The analytical techniques or method used, including method of preserving the sample and the identity and volume of reagents used;
f. Calculation of results;
g. Results of analyses performed and method used (as proposed in an NOI and accompanying technical report, and approved by the Regional Water Board) for calculating the concentration limits for each naturally occurring constituents, based on background water quality monitoring data;
h. Results of analyses and the MDL for each non-naturally occurring constituent; i. Laboratory quality assurance results (e.g., percent recovery, response factor, etc.); and
j. Chain of Custody forms.

Ordered by:________________________
Regional Water Board
Executive Officer
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August 4, 2015

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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015 C-1
ATTACHMENT C – NOTICE OF INTENT

DISCHARGER INFORMATION
Owner Name:

Street Address:

City/Locale: County: State: Zip: Telephone Number:

Facsimile Number: Email Address:

Owner Type (check one): □ Individual □ Corporation □ Partnership □ Other:

Operator Name (if different than above):

Mailing Address:

City/Locale: County: State: Zip: Telephone Number:

Facsimile Number: Email Address:

1. COMPOSTING OPERATION INFORMATION
Compost Facility Name:

Street Address:

City/Locale: County: State: Zip: Telephone Number:

Type (check one):
□ Existing Composting Operation
□ New Composting Operation
Facility Acreage (acres):

Total Facility Capacity (cubic yards):

Average Weekly Throughput (cubic yards per week):

Assessor Parcel Number(s): Regional Water Board Office:

Latitude __  ___’ ___” Longitude __  ___’ ___” Regional Water Board Address:

2. REASONS FOR FILING
□ New Discharge

□ Existing Discharge □ Expansion or Change in Operations □ Changes in Ownership/Operator □ Other:

3. STORM WATER PERMIT
Is there an Industrial Storm Water Permit for this facility? □ Yes □ No If yes, WDID Number:_______________ Related to storm water, have you received a “No Exposure Certification”, “Notice of Termination”, or “Notice of Exemption” for this facility? □ Yes □ No If yes, please provide a copy.

The Notice of Intent for coverage under the Industrial Storm Water Permit may be obtained over the internet at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml #4..
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ATTACHMENT C - NOTICE OF INTENT

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015 C-2

4. OTHER PERMITS
Has another agency issued permits or other entitlements (e.g., solid waste facility permit, notification permit, conditional use permit, building permits, air permits) for the unit? □ Yes □ No For each permit or entitlement, list the type, issuing agency, and date of issuance:

5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Has a CEQA determination been made by an agency? □ Yes □ No Name of Agency:

Type and Date of Determination: State Clearinghouse Number:

6. PROCESS
Allowable Materials (check all that apply, and specify the quantity onsite at any time):
□ agricultural material cu. yds.: □ anaerobic digestate cu. yds.:
□ biosolids (Class A, B, or
EQ) cu. yds.: □ food material (nonvegetative) cu. yds.:
□ green material cu. yds.: □ manure cu. yds.:
□ paper material cu. yds.: □ vegetative food material cu. yds.:
□ residentially co-collected
food and green material
cu. yds.:

Current Processing Capacity (cubic yards):

Months during which compostable materials will be on-site:

Additives/Amendments and maximum dry weight percentage used (list):

7. SITE CONDITIONS
Anticipated highest groundwater elevation (feet mean sea level):

Average ground surface material percolation rate (minutes per inch) or attach results of percolation testing:

Annual average precipitation (inches per year):

Distance to nearest water supply well (feet):

Closest surface water and distance (name, feet):

8. DESIGN SPECIFICATION TIERS (check one)
□ Tier I □ Tier II □ Tier II (monitoring)
If the box for Tier II (monitoring) has been marked, provide the proposed Groundwater Protection Monitoring Plan with Technical Report.
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ATTACHMENT C - NOTICE OF INTENT

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS August 4, 2015 C-3

9. TECHNICAL REPORT
Provide a complete technical report with all the information required in Attachment D of this General Order.

10. FILING FEE
Pursuant to California Water Code section 13260 et seq., Dischargers enrolled under this General Order are required to pay an annual fee, as determined by the State Water Resources Control Board. The filing fee accompanying this NOI is the first year’s annual fee. The annual fee is based on the threat to water quality and complexity of the discharge in accordance with California Code of Regulations, title 23, section 2200. Dischargers enrolled under this General Order will be assigned a threat to water quality and complexity rating as described in the General Order and will be assessed the corresponding fee, plus any applicable surcharges. The NOI is to be accompanied by a check, made out to the State Water Resources Control Board for the payment of the filing fee.

11. CERTIFICATION
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.” Signature (Owner or Authorized Representative) Date
Print Name Title
Telephone Number Email
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STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-1
August 4, 2015
ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS
The technical report required as part of the Notice of Intent (NOI) to comply with the terms of this General Order must be organized such that each item listed below is addressed in the same format, including the numbering scheme. The entire General Order should be thoroughly reviewed for its requirements prior to preparation of this technical report. The minimum information needed to provide a complete review of your application by the appropriate Regional Water Board is listed below. This list may not reference all information needed for every composting operation.

The Business and Professions Code sections 6735, 7835, and 7835.1 require that engineering and geologic evaluations and judgments be performed by or under the direction of licensed professionals. Any plan or report submitted in compliance with the requirements of this General Order, which requires technical interpretation, or proposes either a design, or a design change that might affect the composting operation’s containment features, detention ponds, or monitoring systems must be prepared by, or under the direction of, appropriately licensed professionals (e.g., registered civil engineer, professional geologist, or other registered certified specialty geologist) by the State of California. In addition, the licensee must sign and provide his or her registration number, and/or stamp the submitted plan or report.

A. GENERAL INFORMATION

1. Property owner’s contact information including business name, main point of contact, address, telephone number, facsimile number, email address, and type of ownership (e.g., individual, corporation, etc.).

2. Operator’s contact information including business name, main point of contact, address, telephone number, facsimile number, and email address.

3. Information including name, address, telephone number, facsimile number, and email address where legal notices may be served (if different than above).

4. Legal business name and location of composting operation. Use the most accurate location, which may include: address; nearest town; cross streets; and latitude and longitude1.

5. Description of the Facility including:
a. Assessor’s Parcel Number(s);
b. Legal description including Section, Township, and Range; c. Total Operational Footprint (acres) including ancillary activities; d. Permitted Operational Capacity expressed in cubic yards of all materials received, processed, and stored on site at any given time;

1 In accordance with GeoTracker’s Survey XYZ, Well Data, and Site Map Guidelines & Restrictions available at:
http://www.waterboards.ca.gov/ust/electronic_submittal/docs/geotrackersurvey_xyz_4_14_05.pdf #4..
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ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-2
August 4, 2015
e. Land uses within one mile from the perimeter of the operation; and f. Description of water supply.

6. Provide a detailed site map showing the following:
a. Location and size (in acres) of the working surface used for the storage of incoming feedstocks, additives, and amendments (receiving area); b. Location and size (in acres) of the working surface used for active and curing composting;
c. Location and size (in acres) of the working surface used for the storage of final product;
d. Drainage pattern;
e. Berms and ditches for the conveyance of wastewaters; f. Location, size (in acres), and capacity (in acre feet) of all detention ponds, if applicable;
g. Location of all sampling points for the monitoring of wastewater contained within ponds pursuant to the requirements of the General Order, if applicable; h. Location of all sampling points for the monitoring of storm water runoff under the Industrial General Storm Water Permit, if applicable; and i. Location of any groundwater monitoring wells and water supply wells within and/or near the property boundary.

7. Provide background information on the composting operation including history and a description of methods and operation used including the following:
a. Describe the feedstock types, volumes, sources, and suppliers. b. Describe the additives used, sources, suppliers, and the maximum dry weight percentage used in the active composting process.
c. Describe the amendments used, sources and suppliers in the final product. d. Describe the method of composting (e.g., windrow, static, forced air, mechanical). e. Provide process flow diagram showing movement of the material from received to final product. Include average amount of time the material remains in each part of the process.
f. Describe how residuals are removed from the feedstocks managed and/or disposed.

B. SITE CONDITION INFORMATION

1. Climatology — Calculate required climatologic values from measurements made at a nearby climatologically similar station and provide the source data from which such values were calculated, together with the name, location, and period of record of the measuring station.
a. Maximum, minimum, and average annual precipitation in inches/year; b. Mean evaporation in inches/year;
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ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-3
August 4, 2015
c. 25-year, 24-hour design storm event.

2. Geology:
a. Map and Cross Sections — A comprehensive geologic map and geologic cross sections showing lithology and structural features.
b. Materials — A description of natural geologic materials in and underlying the location of the operations, including identification of lithology, distribution and dimension features, physical characteristics, special physical or chemical features (i.e., alteration other than weathering), susceptibility to natural surface/near-surface processes, and all other pertinent lithologic data, all in accordance with current industry practices.

3. Hydrogeology, including:
a. General – An evaluation of water bearing characteristics of natural geologic materials identified under Geology above, including hydraulic conductivity and delineation of groundwater zones.
b. Hydraulic Conductivity – An evaluation of the in-place hydraulic conductivity of soils immediately under the operation. For Tier I facilities, this would be substituted by the soil percolation test. This evaluation includes:
1) Hydraulic conductivity in tabular form, for selected locations within the boundary of the operations;
2) A map of the operations showing test locations; and
3) An evaluation of the test procedures and rationale used to obtain the data. c. Groundwater Flow Direction and Depth – an evaluation of the groundwater flow velocity and direction(s) within the uppermost groundwater zone and the following conditions:
1) Maximum and average depth to first encountered groundwater below the native ground surface (in feet) and identify the source of the information; and 2) Maximum and average groundwater elevation of first encountered groundwater (in feet) relative to mean sea level.

4. Discuss the location and distance (in feet) to the nearest water supply wells (e.g., municipal supply, domestic supply, agricultural wells) from the nearest property boundary of the operation.

5. Discuss whether the operation is located within a 100-year flood plain based on the Federal Emergency Management Agency’s (FEMA) designation and any design features to prevent inundation of the feedstocks, additives, amendments, compost (active, curing, or final product), or detention ponds. Include a reference to the appropriate FEMA Flood Hazard Map. Operations located within a 100-year floodplain may be subject to state and/or local land use restrictions and permits.
#4..
- 608 -
ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-4
August 4, 2015

6. Identify all nearby surface water bodies, including streams, ditches, canals, and other drainage courses. Provide distances from the nearest property boundary of the operation to these areas on a map.

C. DESIGN INFORMATION

1. Provide the current and/or proposed design of all working surfaces, berms, and conveyance ditches for the storage and/or treatment of feedstocks, additives, amendments, and compost (active, curing, or final product), along with information demonstrating that these containment structures comply with appropriate design specifications of this General Order. Submit for each operational area detailed preliminary and/or (if existing, or later upon completion) as-built plans, specifications, and descriptions for all working surfaces or other containment structures and drainage/conveyance systems. In addition, the report shall contain a description of, and location data for, ancillary facilities including roads, waste handling areas, detention ponds, buildings, and equipment cleaning facilities.

2. Provide a Water and Wastewater Management Plan describing how water and wastewaters will be managed in accordance with this General Order. Information must include a description of and/or plan illustrating all precipitation controls, containment structures, (i.e., conveyance systems for wastewater and detention ponds), best management practices, and contingency plan including:
a. A wastewater conveyance system for controlling run-on and runoff from the working surface.
b. A description of how water and wastewater is obtained and used in the compost process.
c. A description of how the operation collects and manages wastewater. Information may include, but is not limited to, quantity that is reused back into the process, description of wastewater treatment systems, other water quality permits, and best management practices (i.e. covering materials) that reduce the production of wastewater.
d. If using a detention pond, provide a water balance demonstrating compliance with the Design, Construction and Operation Requirements section of this General Order.

D. OPERATIONS AND MONITORING INFORMATION

1. Include a proposal for an annual survey of the operation prior to the rainy season to assure that the site has been graded and prepared for the rainy season to eliminate and minimize erosion and ponding, in compliance with the requirements of this General Order.

2. Describe the inspection and maintenance program that will be undertaken regularly during composting operations, such as inspection of the containment structures for evidence of leachate, ponding, or surface failures such as cracking, spilling, or subsidence, in compliance with the specifications of this General Order. #4..
- 609 -
ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-5
August 4, 2015

3. Describe the means by which the composting operation will be conducted in a manner that does not cause, threaten to cause, or contribute to conditions of contamination, pollution, or nuisance.

4. Provide a description of the operations during periods of wet weather to ensure integrity of the containment systems.

5. For Dischargers proposing groundwater protection monitoring in lieu of the design specifications, include a Groundwater Protection Monitoring Plan for establishing, operating, and monitoring to verify groundwater has not been impacted by the composting operation. Include rationale for the type of monitoring, monitoring frequency, spatial distribution of monitoring points, selection of monitoring equipment, construction specifications, procedures for sampling, analysis of the data, and data evaluation. This plan must include the following:
a. Map – a map showing the locations of the proposed monitoring system; b. Plans and Specifications – drawings and data showing construction details of the proposed monitoring system.
c. Inspection Procedures – construction quality assurance plan to ensure the system will be constructed per approved plans.
d. Sampling and Analysis – the plan shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points. At a minimum, the plan shall include a detailed description of the procedures and techniques for:
1) Sample collection (i.e. container types), sampling equipment (i.e. field instruments, pumps, bailers, etc.), equipment calibration, and decontamination of sampling equipment;
2) Sample preservation and shipment;
3) Analytical procedures;
4) Chain of custody control; and
5) QA/QC procedures.
e. Proposed Data Analysis Method – describe the methods that will be used in evaluating protection of water quality. The specifications for each data analysis method shall include a list of constituents of concern that will be monitored and a detailed description of the criteria to be used for determining “measurably significant” evidence of any release from the operation and for determining compliance.

E. SITE CLOSURE INFORMATION
The technical report must include a plan for site closure activities upon completion of operations under this General Order to protect public health, safety, and the environment. The plan must describe how the site will be restored in compliance with the Site Closure Requirements section of this General Order.
#4..
- 610 -
ATTACHMENT D – TECHNICAL REPORT REQUIREMENTS

STATE WATER RESOURCES CONTROL BOARD
ORDER WQ 2015-0121-DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR COMPOSTING OPERATIONS D-6
August 4, 2015
F. COMPLIANCE SCHEDULE (EXISTING FACILITIES)
The technical report shall include a proposed schedule for achieving compliance with this General Order. Proposed schedules for implementation of the identified collection, control, and monitoring practices must be as soon as practicable, supported with appropriate technical or economic justification and in no case may the schedule exceed six years from the date of the NOI. The Regional Water Board may modify the schedules based on evidence that meeting the compliance date is technically or economically infeasible. #4..
- 611 -
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- 612 -

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#4..
- 621 -
City of Modesto Carpenter Road Landfill
Groundwater and Gas Monitoring
Modesto, CA
5 Year Budget

COST ESTIMATE
TASK 1

1.1 Project Management, Scheduling, Coordination
Professional Geologist $ 222.00 per hour 10 hours $ 2,220 Staff Geologist $ 133.00 per hour 20 hours $ 2,660
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 7,180
Groundwater Sampling (9 wells, 2 semi-annual events each year, 5 years)

1.2 Del Tech Geotechnical
Del Tech Geotechnical $ 24,299.00 5 Years 5 Years $ 24,299

1.3 Ground Zero Personnel
Staff Geologist $ 133.00 per hour 10 hours $ 1,330
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 26,779

1.4 Del Tech Geotechnical
Del Tech Geotechnical $ 9,412.00 5 Years 5 Years $ 9,412 Subtotal $ 9,412

1.5 $ 39,135.00 5 Years 5 Years $ 39,135
Subtotal $ 39,135
TASK 1 TOTAL $ 82,506
TASK 2 SEMI-ANNUAL REPORTING TO CVRWQCB (10 Reports)

2.1 Semi-Annual GWM Reports
Registered Geologist $ 222.00 per hour 20 hours $ 4,440 Senior Geologist $ 185.00 per hour 120 hours $ 22,200
Graphic Specialist $ 100.00 per hour 90 hours $ 9,000
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 37,940

2.2 Geotracker Upload: Prep Searchable PDF Report, GEO WELLS, EDF Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 1,150
TASK 2 TOTAL $ 39,090

LANDFILL CARPENTER SITE

FIVE YEAR COST ESTIMATE
4TH QUARTER 2024 THROUGH 3RD QUARTER 2029

GROUNDWATER COLLECTION, DTW MONITORING AND LAB ANALYSIS (9 wells, 5 years)
Depth to Water (DTW) Measurements (9 wells, 2
quarters each year, 5 years. Note: 2 quarters each year are included in Task 1.2) Lab Total Costs (BSK Lab)
Laboratory Cost for Groundwater Monitoring (9 wells, 1
each duplicate, field & trip blanks, 2 semi-annual events each year, 5 years)

Page 1 of 2 ends

Date: 10/18/23

EXHIBIT B
#4..

City of Modesto Carpenter Road Landfill
Groundwater and Gas Monitoring
Modesto, CA
5 Year Budget

COST ESTIMATE
TASK 3

3.1 Del Tech Geotechnical
Del Tech Geotechnical $ 21,283.00 5 Years 5 Years $ 21,283

3.2 Ground Zero Personnel
Registered Geologist $ 222.00 per hour 10 hours $ 2,220 Senior Geologist $ 185.00 per hour 20 hours $ 3,700
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
TASK 3 TOTAL $ 28,353
TASK 4

4.1 Quarterly Summary Reports
Professional Geologist $ 222.00 per hour 40 hours $ 8,880 Staff Geologist $ 133.00 per hour 120 hours $ 15,960
Graphic Specialist $ 100.00 per hour 40 hours $ 4,000
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
TASK 4 TOTAL $ 29,990
SUBTOTAL FOR TASKS 1 thru 4: 179,939$
CONTINGENCY AT 10%: 17,994$
5 YEAR PROJECT TOTAL: $ 197,933

QUARTERLY LANDFILL GAS PROBE MONITORING
(7 soil gas probes, 4 quarters each year, 5 years)
QUARTERLY LANDFILL GAS PROBE MONITORING REPORT (20 Summary Reports)

Page 2 of 2 ends

#4..

City of Modesto Compost Facility
Groundwater Monitoring and Testing and Reporting
7001 Jennings Road
Modesto, CA
Five Year Cost Estimate

Page 1 of 1 ends

Dated 10/18/23
TASK 1

1.1 Project Management, Scheduling, Coordinating
Professional Geologist $ 222.00 per hour 10 hours $ 2,220 Staff Geologist $ 133.00 per hour 20 hours $ 2,660
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 7,180
Field Sampling 6 Monitoring Wells (4 quarters each year, 5 years)

1.2 Del Tech Geotechnical
Del Tech Geotechnical $ 36,520.00 5 Years 5 Years $ 36,520

1.3 Ground Zero Personnel
Staff Geologist $ 133.00 per hour 20 hours $ 2,660
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 4,960

1.4 Lab Total Costs (Far West & BSK Lab) $ 24,313.00 5 Years 5 Years $ 24,313 Subtotal $ 24,313

1.5 Quarterly Summary Reports (20 Summary Reports)
Professional Geologist $ 222.00 per hour 40 hours $ 8,880 Staff Geologist $ 133.00 per hour 120 hours $ 15,960
Graphic Specialist $ 100.00 per hour 40 hours $ 4,000
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 29,990
TASK 1 TOTAL $ 102,963
TASK 2 ANNUAL REPORTING TO CVRWQCB (5 Reports)

2.1 Annual GWM Report - 1 Report Each Year
Registered Geologist $ 222.00 per hour 25 hours $ 5,550 Staff Geologist $ 133.00 per hour 60 hours $ 7,980
Graphic Specialist $ 100.00 per hour 45 hours $ 4,500
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 19,180

2.2 Geotracker Upload: Prep Searchable PDF Report, GEO WELLS, EDF Project Coordinator $ 115.00 per hour 5 hours $ 575
Subtotal $ 575
TASK 2 TOTAL $ 19,755
SUBTOTAL FOR TASKS 1 and 2: $ 122,718
CONTINGENCY AT 10%: $ 12,272
5 YEAR PROJECT TOTAL: $ 134,990

GROUNDWATER SAMPLING AND TESTING
(6 wells, 4 quarters each year, 5 years)

COMPOST SITE

FIVE YEAR COST ESTIMATE
4TH QUARTER 2024 THROUGH 3RD QUARTER 2029
#4..

Invitation for Bid Bid Number C5611173-D

Page 1 of 11 ends

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID
BID NUMBER C5611173-D
Date: January 31, 2023
The California Department of Corrections and Rehabilitation (CDCR), Sierra Conservation Center (SCC), located at 5100 O’Byrnes Ferry Road, Jamestown, California 95327 hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents. • Notice to Prospective Bidders
• Bidder Acknowledgment/Certification (OBS 300)
• Bid Submittal Checklist
• Sample Standard Agreement (STD 213)
• Scope of Work (Exhibit A)
Service Report (Exhibit A-1)
• Budget Details and Payment Provisions (Exhibit B)
• Rate Sheet (Exhibit B-1)
Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).
#4..
- 625 -
Invitation for Bid Bid Number C5611173-D

Page 2 of 11 ends

• General Terms and Conditions (Exhibit C)
This document is incorporated in this bid package by reference only and is available on the Internet at https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/Standard-ContractLanguage - GTC 04/2017. If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below. • Special Terms and Conditions (Exhibit D)
• California Regional Water Quality Control Board Order No. 96-010 (Exhibit E) • CDCR 2301 PREA – Policy Information for Volunteers and Contractors (Exhibit F) • Service Technician Reference (Attachment 1)
• Standard Contractor Certification Clauses (CCC 04/2017) • Payee Data Record (STD 204)
• Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)
• Darfur Contracting Act (OBS 1500)
• California Civil Rights Laws Certification (OBS 1510) • Sample Certificate of Insurance
• California DVBE Bid Incentive Instructions – Selecting Incentive Option • Bidder Declaration (GSPD-05-105)
• DVBE Declarations (DGS PD 843)
• DVBE Bid Incentive Request and Acknowledgement (OBS 554) It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Denise M. Pulido
(279) 210-3773
[email protected]
California Relay Service 1-800-735-2929
#4..
- 626 -
Notice to Prospective Bidders Bid Number. C5611173-D

Page 3 of 11 ends

THE STATE OF CALIFORNIA
Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT

MAINTENANCE AND REPAIR SERVICES
Bid Number C5611173-D
I. PROJECTED TIMETABLE
The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders January 31, 2023
Letters of Inquiry February 10, 2023
Submission of Bid February 15, 2023 @ 1:00 p.m.

Public Bid Opening February 15, 2023 @ 1:30 p.m.

Anticipated Date for Commencement of Services Upon Approval Termination of Agreement June 30, 2025
II. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS
Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

III. PROHIBITION ON TAX DELINQUENTS
Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.
(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.
(b) This section shall apply to any contract executed on or after July 1, 2012. #4..
- 627 -
Notice to Prospective Bidders Bid Number. C5611173-D

Page 4 of 11 ends

IV. BIDDER RESPONSIBILITIES & THE BID PACKAGE
Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1) and a copy of the Contractor’s Published Price List. Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid. #4..
- 628 -
Notice to Prospective Bidders Bid Number. C5611173-D

Page 5 of 11 ends

V. BID SUBMITTAL
Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,
or
OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Denise M. Pulido
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE AND REPAIR SERVICES - BID NO. C5611173-D Attention: DENISE M. PULIDO - DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

VI. LETTERS OF INQUIRY
The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders. #4..
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Any letters of inquiry must be submitted in writing to allow CDCR time to research and prepare a response. Submit your letter of inquiry by the date specified in Section 1, Projected Timetable directly to Denise M. Pulido, Contracts Management Branch, by email:

E-mail: [email protected]
Inquiries received after this date will only be addressed at CDCR’s discretion.

VII. COVID-19 REQUIREMENTS
Public Bid Openings are closed until further notice. Interested parties may submit a request for the results of the bid opening and should be requested by email to the assigned analyst.

All other requests for documents, such as copies of bids, will require a Public Records Request submitted to the Public Records Portal at
https://californiacdcr.govqa.us/WEBAPP/_rs/. Please keep in mind that any such requests for documents may be delayed due to the current COVID-19 situation Due to COVID-19, CDCR has implemented a mandatory screen as preventative measures to decrease the spread of COVID-19. Effective March 14, 2020, all visitors, vendors, volunteers, or staff are required to respond and certify their answers to the screening questionnaire upon entering the secured perimeter at the institution. The screening is required 24 hours a day, 7 days per week. Therefore, be advised that you and/or your employees will be required to adhere to this requirement.

VIII. PUBLIC BID OPENING
See Section above.

IX. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State X. NONRESPONSIBLE BIDDER
If a previous Agreement with a prospective bidder was terminated for cause, the State reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that the bidder is not responsible. #4..
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XI. BASIS FOR AWARD
The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

XII. PROTEST AWARD
Information regarding the protest of an award may be found by going to https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting#@ViewBag.JumpTo, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope containing the written protest must clearly state: "Protest Concerning IFB Number C5611173-D for the California Department of Corrections and Rehabilitation". Protests MUST be filed with:

ORIGINAL COPY

HAND OR MAIL DELIVERY
Department of General Services
Office of Legal Services
Attn: Bid Protest Coordinator
707 Third Street, 7th Floor, Suite 7-330
West Sacramento, CA 95605
Bid Protest Coordinator Email:

[email protected]

HAND OR MAIL DELIVERY
Department of Corrections and Rehabilitation
Office of Business Services
Contracts Management Branch
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
XIII. AGREEMENT EXECUTION
The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.
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The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, B, B-1, D, E and F.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation Board. When the Agreement is fully approved, a copy will be forwarded to you.

XIV. EXTENSION OF TERM
This Agreement may not be amended to extend the term except where necessary to complete performance of the original Agreement and not to provide for additional services.

XV. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

XVI. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation.

This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:
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1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-DivisionServices-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-VeteranBusiness-Enterprise#@ViewBag.JumpTo, Award Based on Low Price
The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XVII. SMALL BUSINESS PREFERENCE PROGRAM
Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and a. For Small Business, either:
(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or
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b. For Micro Business, either:
(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or
(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-DivisionServices-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-VeteranBusiness-Enterprise#@ViewBag.JumpTo.

XVIII. NON-SMALL BUSINESS PREFERENCE REQUEST
Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

XIX. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE
Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.
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In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XX. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES
CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05- 105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XXI. BIDDER PROVIDING FACILITY(IES)
Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures
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Bidder Acknowledgement/Certification (OBS 300) Bid No. C5611173-D California Department of Corrections and Rehabilitation (CDCR)

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The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:
( ) ( )
FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership [ ] Corporation (State in which incorporated _______) [ ] Other: ______________________ By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date
 DGS certified Small Business
 DGS certified Micro Business
 Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555  DGS certified Disabled Veteran Business Enterprise
 DVBE Incentive requested by bidder (include the completed OBS 554 with bid)  NVSA preference request
 TACPA Attach all applicable forms
Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code
Street Address, City, State, Zip Code
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BID SUBMITTAL CHECKLIST

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE

AND REPAIR SERVICES
IFB NUMBER C5611173-D
Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.
_____ Bid Submittal Checklist (this checklist)
_____ Bidder Acknowledgement/Certification (OBS 300)
_____ Rate Sheet (Exhibit B-1)
_____ Payee Data Record (STD 204)
_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.
_____ Contractor’s Published Price List
_____ Contractor Certification Clauses (CCC 04/2017)
_____ Letters of Reference (See Exhibit A, Scope of Work, Section 13 – Qualifications) _____ OBS 1510 California Civil Rights Laws Certification _____ Darfur Contracting Act (OBS 1500)
_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable _____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable _____ DVBE Declarations (DGS PD 843), if applicable
_____ GSPD-05-105 Bidder Declaration
NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the following to CDCR upon award.

Copy of required Certificate of Insurance, per Special Terms and Conditions (Exhibit D):
• Proof of Commercial General Liability
• Proof of Automobile Insurance Certificate
• Proof of Worker’s Compensation, if applicable (if exempt, please cite the legal exemption code) #4..
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2. The term of this Agreement is:

SAMPLE
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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LANDFILL SAMPLING, TESTING, MONITORING AND

EQUIPMENT MAINTENANCE AND REPAIR SERVICES

1. INTRODUCTION
The Contractor shall furnish all labor, including travel and per diem, materials, non-consumable supplies, transportation, equipment, and every other item of expense necessary to perform Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services for the California Department of Corrections and Rehabilitation (CDCR), Sierra Conservation Center (SCC), located at 5100 O’Byrnes Ferry Road, Jamestown, California 95327.

2. EQUIPMENT LIST
Maintenance shall be applicable for the following equipment:

EQUIPMENT

DESCRIPTION
QTY MANUFACTURER MODEL # SERIAL # AGE
(yrs)

EQUIPMENT

LOCATION
Datalogger 1 Campbell
Scientific, Inc.

CR-200 Unknown 10 Landfill
Moisture Sensor 1 Watermark CSI253 Unknown 10 Landfill

3. EQUIPMENT MAINTENANCE
Maintenance for the Landfill Data logger shall be performed on an annual basis at a time mutually agreed upon between the Institution and the Contractor, no later than September 30th of each year.

Maintenance shall include, but not be limited to:
• Diagnostic troubleshooting
• Confirmation of the in-ground moisture sensor output
• Replacement of battery
This service shall be performed one (1) time the third quarter of the second year during the term of this Agreement period and shall be completed no later than September 30th of that year.

This service shall consist of diagnostic troubleshooting and maintenance activities for the Data logger device located at SCC’s closed Landfill to include a comprehensive written report of the findings. The Contractor shall provide all materials and labor necessary to perform the confirmation of the in-ground moisture sensor output operation via diagnostic testing and replacement of the battery. The diagnostic testing and output confirmation services shall be completed in a total of no more than three (3) site visits and will not include the replacement of equipment other than the device battery.

The State reserves the right to add equipment similar to the equipment listed at the commencement of this agreement and delete equipment that has become obsolete. Additional equipment will be serviced at the rates specified herein. The Contractor shall be notified in writing by the Institution Contract Liaison or designee of equipment that has been added and/or removed. #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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4. LANDFILL MONITORING SCHEDULE
The Contractor shall perform environmental monitoring tasks as specified. Dates of service will be as provided by the Institution Contract Liaison or designee upon approval of the Agreement or upon mutually agreed upon dates. Services shall be performed during designated business hours 8:00 a.m. – 4:00 p.m., Monday through Friday, State holidays excluded.

5. LANDFILL MONITORING SERVICES
All services shall be completed in the timeframes specified in the California Regional Water Quality Control Board (CRWQCB) Order 96-010. All measurements will be in accordance with the State of California Regional Water Quality Control Board’s Monitoring and Reporting Program (M&RP) 96-010 and Waste Discharge Requirements (WDR) 96-010.

Task 1. Semi Annual Groundwater Field Parameter Measurements Measure groundwater field parameters (temperature, ground water elevation, specific conductance, pH, and turbidity).

In order to assess the groundwater gradient at the time of sampling, water level measurements shall be made in the seven (7) wells (MW-1 through MW-7) at the beginning of each sampling round prior to purging and sampling the wells. The depth-to-water shall be measured in each well according to the protocol described in the M&RP. The depth-to-water measurements shall then be converted to relative groundwater elevations with respect to mean sea level by subtracting them from the surveyed casing elevations. The resulting ground water elevations shall be assessed to interpret the groundwater gradient at the time of sampling.

Task 2. Semi Annual Groundwater Monitoring Parameters
Purge wells and collect samples as described in the M&RP. The sampling shall be conducted concurrent with the field parameter measurements.

One groundwater sample from each of the seven (7) wells (MW-1 through MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turnaround that may require up to two (2) to three (3) weeks for receipt of analytical data. The four (4) samples shall be analyzed for:
 Total Dissolved Solids (TDS) by EPA Methods
 Total Organic Carbon (TOC)
 Chemical Oxygen Demand (COD)
 Iron (Fe) by EPA Methods
 Chloride (CI) by EPA Methods
 Sodium (Na) by EPA Methods
 Sulfate (SO4) by EPA Methods
 Volatile Organic Compounds (VOCs) by EPA Method 8260
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California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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Task 3. Semi Annual Groundwater Monitoring for Constituents of Concern Purge wells and collect samples as described in the M&RP. The sampling shall be conducted concurrent with the field parameter measurements.

One (1) groundwater sample from each of the seven (7) wells (MW-1 - MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turnaround that may require up to two (2) to three (3) weeks for receipt of analytical data. The four (4) samples shall be analyzed for:
 Alkalinity by EPA Methods
 Bicarbonate
 Calcium (Ca)
 Carbonate (CO3)
 Magnesium (Mg)
 Manganese (Mn)
 Nitrate (as N) by EPA Methods
 Potassium (K)
 Zinc (Zn)
Task 4. Annual Surface Water Field Parameter Measurements Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area.

Samples shall be collected from all stations annually and analyzed as specified in the M&RP.

Samples shall be analyzed for:
 Field Parameters
 Temperature
 Specific Conductance
 Turbidity Dissolved Oxygen
Surface water monitoring reports shall be submitted with the corresponding Semi-Annual Detection Monitoring Report and shall include evaluation of potential impacts of the facility on surface water quality.

Task 5. Annual Surface Water Monitoring Parameters
Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area.

Surface water samples shall be sampled at locations where storm water runoff leaves the facility during the first storm of the rainy season which produces significant flow and annually (winter) when water is present.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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Samples shall be collected from all stations annually and analyzed as specified in the M&RP.

Samples shall be analyzed for:
 Total Suspended Solids (TSS)
 Total Dissolved Solids (TDS)
 Oil and Grease
 Volatile Organic Compounds by EPA Method 8260
Surface water monitoring reports shall be submitted with the corresponding Semi-Annual Detection Monitoring Report and shall include evaluation of potential impacts of the facility on surface water quality.

Task 6. Semi-Annual Unsaturated Zone Field Parameter Measurements According to the M&RP, the unsaturated zone shall also be monitored by means of sampling lysimeter LY-1 semi-annual for constituents of concern.

Unsaturated zone monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the unsaturated zone. The samples shall be collected at the frequencies and analyzed for the parameters:
 Specific Conductance
 pH
Task 7. Semi-Annual Unsaturated Zone Monitoring Parameters A shallow piezometer is installed to the depth of the lysimeter near LY-1. Observations shall be made at the piezometer each time that samples are collected from the lysimeter. If the piezometer remains dry this shall be recorded. If water is found to be present in the piezometer, depth-towater measurements shall be taken and recorded.

According to the M&RP, the unsaturated zone shall be monitored by means of sampling lysimeter LY-1. Soil pore liquid sampling shall be obtained from LY-1 in the amounts necessary to ensure laboratory analysis of all field and monitoring parameters as specified in the M&RP.

Due to ground conditions, multiple site visits may be required to achieve collection of liquid amounts sufficient for the required analysis. The sampling shall then be submitted under chain-of-custody control to a laboratory certified by the DTSC for the requested analysis.

The sampling shall be analyzed on a regular laboratory turnaround that may require no more than two (2) to three (3) weeks for receipt of analytical data. The soil pore liquid sampling shall be analyzed for:
 Total Dissolved Solids (TDS) by EPA Methods
 Total Organic Carbon (TOPC)
 Chemical Oxygen Demand (COD)
 Iron (Fe) by EPA Methods
 Chloride (CI) by EPA ,methods
 Sodium (Na) by EPA Methods
 Sulfate (SO4) by EPA methods
 Volatile Organic Compounds (VOCs) by EPA method 8260
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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Task 8. Semi-Annual Soil Moisture Readings
In accordance with the M&RP, soil moisture readings shall be down loaded quarterly from the two (2) soil moisture sensors on site. The soil moisture readings shall be reported in the semi-annual reports.

Task 9. Semi-Annual Gas Migration Monitoring
Contractor shall monitor the landfill gas migration monitoring probes positioned in and around the perimeter of the landfill in accordance with the M&RP and WDR. The Contractor shall use these gas probes to monitor methane concentrations as stipulated by Title 14, California Code of Regulations (CCR), under the authority of the California Integrated Waste Management Board.

Task 10. Semi-Annual Detection Monitoring Report
Upon completion of the sampling events and receipt and review of the analytical data, a report shall be prepared for SCC and the California Regional Water Quality Control Board, Central Valley Region (Board) on a semi-annual basis. All reports shall comply with content and formatting requirements specified in the M&RP. The report shall include:
 A description of field activities, observations, and protocols;  Tabulated results of sample analyses with copies of certified analytical laboratory results;
 Reported method detection limits and practical quantitation limits. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.  Estimates of groundwater gradient direction and water table contour maps for the groundwater monitoring event;
 Description and documentation of QA/QC procedures employed for field and laboratory work;
 An evaluation of potential impacts of the facility on the unsaturated zone;  A description of any water quality violations that have occurred during the reporting period;
 Results of any monitoring done more frequently than required by the M&RP;  Recalculation of concentration limits (as appropriate); and,  Evaluation of the effectiveness of any corrective actions.

Task 11. Annual Monitoring Summary Report
The Contractor shall prepare an Annual Monitoring Summary Report that complies with the content and formatting requirements specified in the M&RP. The report shall be submitted to SCC and the Board and shall include:
 A description of field activities, observations, and protocols;  Tabulated results of sample analyses with copies of certified analytical laboratory results;
 Reported method detection limits and practical quantitation limits. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.  Both a tabular and graphical summaries of the monitoring data obtained during the previous twelve (12) months, so as to show historical trends at each well. #4..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

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Finance CommitteeFebruary 26, 2024

Finance Committee
February 26, 2024