June 23, 2026
Public Works
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Tawfic Halaby, PE, Deputy Public Works Director
Bradley Harms, Environmental Manager
Subject:
Water Board Settlement Payment and Supplemental
Environmental Project Contract with Earth Island Institute FINANCIAL IMPACT: There is no impact to the General Fund. The total administrative civil liability of $63,000 assessed by the San Francisco Bay Regional Water Quality Control Board
pursuant to Settlement Order No. R2-2026-1003 is
funded by the Wastewater Fund. Of this amount, $24,000
will be paid to the State Water Pollution Cleanup and
Abatement Account, and $39,000 will fund a
Supplemental Environmental Project (SEP) implemented
by Earth Island Institute through its KIDS for the BAY
project. This expenditure is included in the Fiscal Year 2025–2026 Wastewater Fund Budget (Account String:
40322731-400293).
PREVIOUS COUNCIL
ACTION:
May 12, 2025
September 16, 2025
STATEMENT OF THE
ISSUE:
The City must comply with a settlement agreement
issued by the San Francisco Bay Regional Water Quality
Control Board assessing $63,000 in administrative civil liability for National Pollutant Discharge Elimination
System (NPDES) permit violations associated with the
Richmond Water Pollution Control Plant and the shared
outfall. The issue before the City Council is whether to adopt a resolution authorizing payment of $24,000 to the AGENDA
REPORT
June 23, 2026
State Water Pollution Cleanup and Abatement Account
and approving a $39,000 contract with Earth Island
Institute to implement a Supplemental Environmental
Project (SEP) through its KIDS for the BAY project,
satisfying the remaining portion of the settlement
requirements.
RECOMMENDED ACTION:
ADOPT a resolution to AUTHORIZE payment of $24,000
to the State Water Pollution Cleanup and Abatement
Account, APPROVE a contract with Earth Island Institute for $39,000 to implement a Supplemental Environmental
Project through its KIDS for the BAY project pursuant to Water Board Settlement Order No. R2-2026-1003, and
AUTHORIZE the city manager or their designee to
execute the contract and all necessary administrative
actions - Public Works Department (Bradley Harms 510-
307-8094/Tawfic Halaby 510-620-5482).
DISCUSSION:
On May 26, 2026, the San Francisco Bay Regional Water Quality Control Board approved Settlement Agreement and Stipulated Administrative Civil Liability Order No.
R2-2026-1003 (“Order”) for the City of Richmond and Richmond Municipal Sewer District No. 1, together with West County Wastewater District. The Order assesses administrative civil liability totaling $63,000 for alleged violations of National Pollutant Discharge Elimination System (NPDES) permit limits associated with the Richmond Water Pollution Control Plant and West County Common Outfall.
The alleged violations occurred between January 2025 and January 2026 and involved biochemical oxygen demand (BOD5), total suspended solids (TSS), Enterococcus bacteria, and total residual chlorine effluent limitations. The Order requires payment of $24,000 to the State Water Pollution Cleanup and Abatement Account and allows the remaining $39,000 to be suspended pending completion of an approved Supplemental Environmental Project (SEP).
The City has selected the Watershed Rangers Program, administered by KIDS for the BAY, a project of Earth Island Institute, as the SEP. This program will engage underserved elementary schools in Richmond in trash cleanups, watershed stewardship activities, and environmental education projects that raise awareness of water quality and non-point source pollution. The SEP will fund six class projects during the 2026- 2027 school year at a cost of $6,500 per class project.
The Order requires the Dischargers to complete the SEP and submit the required final completion report by September 30, 2027. City staff are now requesting that the City Council adopt a resolution authorizing payment of the $24,000 administrative civil liability to the State Water Pollution Cleanup and Abatement Account and authorizing
June 23, 2026
execution of a $39,000 contract with Earth Island Institute (KIDS for the BAY) to implement the SEP.
COST RECOVERY EFFORTS:
The City intends to submit a formal demand letter to Veolia Water, the contracted operator of the Richmond Water Pollution Control Plant, seeking reimbursement of the $63,000 penalty amount associated with the NPDES permit violations addressed in Water Board Order No. R2-2026-1003.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
Attachment 2 - Proposed Contract
Attachment 3 - Water Board Letter
Attachment 4 - Order No. R2-2026-1003