May 16, 2023
Public Works
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Mary Phelps, Project Manager
Subject:
Adopt a resolution authorizing the City to execute the
Stipulated Order with the Water Board and to pay a
$69,000 Mandatory Minimum Penalty.
FINANCIAL IMPACT: The Water Resource Recovery Division of the Public Works Department will need to allocate funds for fiscal year 2022-2023 budget in the amount of $69,000 to pay
the MMP. 4003-40322731-400293
PREVIOUS COUNCIL
ACTION:
June 2, 2020
STATEMENT OF THE
ISSUE:
On April 19, 2023, the Water Board assessed a
Mandatory Minimum Payment (MMP) to the West County
Agency due to National Pollution Discharge Elimination
System (NPDES) permit limit violations observed at the
Richmond Water Pollution Control Plant. The violations were observed and reported between November 2019
and April 2022 due to plant upset conditions. The MMP
is in the amount of $69,000. On April 19, 2023, the City received a Stipulated Order from the Water Board to
execute the administrative process of the MMP. The City must execute the Stipulated Order as required the Water Board by May 19, 2023.
AGENDA
REPORT
May 16, 2023
RECOMMENDED ACTION:
ADOPT a resolution authorizing the City to execute the
Stipulated Order between the Water Board and the City
on behalf of West County Agency, and to allocate funds
in the Fiscal Year 2022-23 budget in the amount of
$69,000 to pay the Mandatory Minimum Penalties –
Public Works Department (Daniel Chavarria/Mary Phelps
510-621-1269).
DISCUSSION:
On October 19, 2022, the Water Board sent a conditional offer letter (Conditional Offer) to the West County Agency informing them of National Pollutant Discharge Elimination System (NPDES) permit limit violations observed at Richmond Water Pollution Control Plant (RWPCP). The Conditional Offer gives the City the opportunity to investigate the violations and either file a letter of protest or agree to and sign the Conditional Offer.
After investigating each violation, the City determined that the violations were valid as reported, and should not be contested.
The violations were observed and reported between November 2019 and April 2022 due to plant upset conditions, which is a sudden and unexpected change in the wastewater plant operation. After multiple inspections by the City’s Environmental Compliance Program staff, it was determined the “upset” was due to storm events that had “washed” most of the treatment through the plant. It took several weeks for the plant to turn around due to the treatment processes and the volume of flow(s) that were going through the plant during this time.
The Mandatory Minimum Penalty for each violation is $3,000. The City received a total of twenty-three (23) violations during this time period (Attachment 4). Therefore, the total amount of the penalty is $69,000. Since the City chose not to contest the violations, the City agreed to sign the Conditional Offer letter.
On April 19, 2023, the City received the fully executed Stipulated Order from the Water Board for execution to implement the administrative process of the MMP. The City must execute the Stipulated Order as required by the Water Board by May 19, 2023.
The Water Board allows the City to pay a portion of the penalty to a Supplemental Environmental Project (SEP). The Water Board has approved the SEP for the “Kids for the Bay” non-profit agency. This program will provide disadvantaged schools in Richmond with trash cleanup projects that raise awareness among school-aged children of watershed health and social behaviors that contribute to non-point sources of pollution.
Therefore, the City of Richmond will make payments into two different programs in accordance with the Stipulated Order: 1) $29,000 will be paid to the State Water
May 16, 2023
Pollution Cleanup and Abatement Program, 2) $40,000 of the administrative civil liability will be directed and paid to the SEP.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Authorizing Payment of the Mandatory Minimum Penalty Fees
Attachment 2 – Conditional Offer Letter – October 2022 (State Waterboard) Attachment 3 – Settlement Agreement and Stipulation for Entry of Civil Liability