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AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF SAN JOSE
AND THE SANTA CLARA VALLEY WATER DISTRICT
FOR OPERATION AND MAINTENANCE
OF THE SILICON VALLEY ADVANCED WATER PURIFICATION CENTER
This First Amended and Restated Agreement (Agreement) is entered into this _____day of [INSERT], 2025, by the City of San José (“City”) and the Santa Clara Valley Water District (District), for the Operation and Maintenance of the Silicon Valley Advanced Water Purification Center (the “Amendment”). The District and the City are sometimes collectively referred to in this Amendment as the “Parties” and individually referred to as the “Party”.
RECITALS
A. On October 23, 2012, t he Parties entered into an agreement entitled “Agreement between the City of San Jose and the Santa Clara Valley Water District for Operation and Maintenance of the Silicon Valley Advanced Purification Center”.
B. The Advanced Water Treatment Facility (“AWTF”) formally named the Silicon Valley Advanced Water Purification Center (“SVAWPC”), started operations in March 2014 to treat up to twelve (12) million gallons per day (mgd) of Plant secondary effluent, to increase the production of non-potable recycled water through microfiltration; enhance the quality of non-potable recycled water quality through the provision of up to eight (8) mgd of reverse osmosis treated water for blending with the Plant’s existing recycled water; and offset the demand for development of new sources of water supply for Santa Clara County.
C. District wishes to construct and operate a Direct Potable Reuse (“DPR”) Demonstration Facility to demonstrate safety and feasibility of DPR, with the goal to eventually construct and operate a Full-Scale DPR Facility to provide benefits for the potable water supply to the City and County of Santa Clara.
D. The DPR Demonstration Facility will hav e a projected capacity production of up to
0.5 million gallons per day (mgd) of purified water that may be blended with existing recycled water produced by the San José/Santa Clara Water Pollution Control Plant (“Plant”). The DPR Demonstration Facility will result in the production of reverse osmosis concentrate (“ROC”) which the Parties intend to be comingled with the current ROC stream from the AWTF and discharged through the outfall of the Plant.
E. The Parties desire to amend the Agreem ent to adjust the Parties’ roles and responsibilities with respect to the operation and maintenance of the AWTF, with respect to this DPR Demonstration Facility.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1 DEFINITIONS.
For the purpose of this Agreement, the definitions contained in First Revised Exhibit A of this Agreement shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Agreement but instead defined in the Ground Lease Agreement or Integration Agreement, then the definition of such word or phrase in the Ground Lease Agreement or Integration Agreement, as applicable, shall control.
ARTICLE 2 TERM.
The term of this Agreement shall be from the date set forth in the introductory paragraph of this Agreement through June 30, 2065, or upon termination of the Ground Lease Agreement or Integration Agreement, whichever is earlier in time.
ARTICLE 3 DISTRICT OPERATION AND MAINTENANCE OBLIGATIONS.
A. Production of Advanced Treated Recycled Water and DPR Demonstration Facility Product Water.
1. District shall operate and mainta in the SVAWPC and DPR Demonstration Facility to collectively accept up to twelve (12) mgd of Secondary Effluent from the WPCP.
Up to 0.5 mgd of the twelve (12) mgd of Secondary Effluent shall be for the DPR Demonstration Facility. The Parties reserve the right to mutually assess and quantify the increase in the Secondary Effluent capacity in the event that additional reverse osmosis membranes are added, provided the Secondary Effluent complies with the standards set forth in Table 1 of Exhibit B.
2. District shall operate and maintain the SVAWPC to produce Product Water.
3. District shall operate and maintain the DPR Demonstration Facility to produce DPR Demonstration Facility Product Water to demonstrate the safety and feasibility of DPR.
4. District shall blend recycled water produced by WPCP (“Tertiary Effluent”) with Product Water in accordance with Exhibit E of the Ground Lease, to produce Blended Product Water.
5. DPR Demonstration Facility Product Water may fluctuate. District intends to use up to ten (10) percent of DPR Demonstration Facility Product Water on an average monthly basis for DPR bottling and outreach purposes and commits to provide the balance of the DPR Demonstration Facility Product Water to blend with Tertiary Effluent produced by WPCP in accordance with Subsection 4.
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6. District shall establish reasonabl e operating procedures and maintenance schedules; and provide all tools, equipment, vehicles, materials, supplies and qualified personnel reasonably necessary to operate and maintain the SVAWPC.
7. District shall obtain and maintain a valid water reclamation permit from the Regional Water Quality Control Board (“Regional Board”) pursuant to review by the California Department of Public Health (“CDPH”) to operate and maintain the SVAWPC and DPR Demonstration Facility, as required by the Regional Board.
8. City recognizes that factors beyond the control of District could cause operational difficulties at the SVAWPC and DPR Demonstration Facility resulting in the need to temporarily reduce or halt the production of SVAWPC Product Water and/or DPR Demonstration Facility Product Water to City. District shall use its best efforts to re- establish the production of SVAWPC Product Water and/or DPR Demonstration Facility Product Water, of a suitable quality and quantity as soon as reasonably possible and shall re-establish City’s supply of such water accordingly.
B. SVAWPC and DPR Demonstration Facility Wastewater Discharge.
1. District shall operate and mainta in the SVAWPC and DPR Demonstration Facility to ensure that wastewater discharged by the SVAWPC and DPR Demonstration Facility to the WPCP chlorine contact tanks complies with the limitations set forth in Table
3.A of First Revised Exhibit B (“Reverse Osmosis Reject”).
2. District shall operate and maintain the SVAWPC and DPR Demonstration Facility to ensure that wastewater discharge from the SVAWPC and DPR Demonstration Facility to the emergency basin overflow structure tanks complies with the limitations set forth in Table 3.A of First Revised Exhibit B (“Waste Stream Discharge”).
The SVAWPC Waste Stream Dischar ge to the emergency basin overflow structure may include the following:
a. Membrane filtra tion backwash waste
b. Membrane filtration clean- in-place neutralized waste c. Membrane filtration ma intenance neutralized waste
d. Reverse osmosis clean- in-place neutralized waste
e. Reverse osmosis membrane flush water
f. Miscellaneous process drains
g. Strainer backwash waste
h. Process building sanitary waste
i. Process building floor drains
j. Chemical storage containment area rain water
k. Storm water flows
The DPR Pilot and Demonstration Facility Waste Stream Discharge to the emergency basin overflow structure may include the following:
a. Membrane filtra tion backwash waste
b. Membrane filtration clean- in-place neutralized waste
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c. Membrane filtration ma intenance neutralized waste
d. Reverse osmosis clean- in-place neutralized waste
e. Reverse osmosis membrane flush water
f. Miscellaneous process drains
g. Strainer backwash waste
h. Demonstration Facility sanitary waste
i. Demonstration Facility floor drains
j. Chemical storage containment area rainwater
k. Storm water flows
l. DRP Pilot Facility Product Water
3. District shall not contribute to or cause to be contributed to the WPCP wastewater treatment system (“WPCP System”) any waste or any pollutant that could:
a. Causes Interference wit h the WPCP System; or
b. Damages the WPCP system; or
c. Results in or significantly contri bute to a violation of WPCP effluent limitations, whether narrative or numeric, including acute and chronic toxicity, or any other requirement of City’s National Pollutant Discharge Elimination System (“NPDES”) permit in effect at any time.
4. District shall not create any hazard to the public safety, the environment, or to WPCP’s personnel.
5. District shall not discharge, or caus e to be discharged, to the WPCP System any of the following:
a.
Any solid or viscous substance in quantities that is capable of causing obstruction in the flow in the WPCP System, that could interfere with the proper operation of the WPCP System or the treatment of sanitary sewage or industrial waste, or that would require unusual attention or expense to handle, process or treat.
b. Flammable liquid, solid, vapor, or gas or other substance including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 deg F (60 deg C) using the test methods specified in 40 Code of Federal Regulations (CFR) § 261.21.
c. Liquid, solid, vapor , gas, or other substance having or developing a temperature of 150 deg F or more, or which may cause the temperature of the WPCP System to exceed 104 deg F (40 deg C). d. Solid, liquid, vapor, gas, or other substance which is so malodorous or noxious that their discharge into the sanitary sewer system would cause a public nuisance.
e. Any substance which results in the presence of toxic gases, fumes or vapors in the WPCP System or on the WPCP premises in a quantity that may cause acute health and/or safety problems for workers on the WPCP premises.
f. Any radioactive wastes, except by persons authorized to discharge, and the discharge is in strict conformance with (California Radiation
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Control Regulations, title 17, Chapter 5, Subchapter 4, Section 30100 et seq.), and federal regulations and recommendations for safe disposal of such waste.
g. Any industrial waste containing t he toxic substances specified under San Jose Municipal Code Section 15.14.585.A; toxic or poisonous substances or any other pollutant, including biochemical oxygen demand, in sufficient quantity to injure or cause an Interference with WPCP System or pass through the WPCP System, or in sufficient quantity to constitute a hazard to humans or animals, or in sufficient quantity to create a hazard for humans, or aquatic life in any waters receiving effluent from the sanitary sewer system, or which may create a hazard in the use or disposal of sewage sludge.
If the District violates Article 3(B)(5), the District shall immediately cease any discharge from the SVAWPC and DPR Demonstration Facility to the WPCP System. Each parties’ liability for any damages arising from a violation of Article 3(B)(5) shall be consistent with Section 16 of the Amended Ground Lease Agreement.
6. District is prohibited from allowing Slug Discharges from entering the WPCP System. District shall operate and maintain the SVAWPC and DPR Demonstration Facility in a manner that would protect the WPCP System from Slug Discharges of restricted materials, or other substances regulated under the City’s NPDES Permits.
7. District shall immediately cease di scharge of waste streams to the WPCP upon notice from City that the discharge may be adversely impacting the WPCP wastewater treatment process, or the ability of the WPCP to meet the requirements of the NPDES Permits.
C. Sampling and Monitoring.
1. District shall conduct SVAWPC and DPR Pilot and Demonstration Facility (as specified in First Revised Exhibit B Table 2A. and Table 3A) wastewater discharge monitoring and provide monitoring information to the City to supplement its NPDES Monitoring and Reporting Program. The purpose of this monitoring is to assess potential impacts associated with the discharge of Reverse Osmosis Reject on the City’s ability to comply with NPDES permits requirements. The Parties agree that amendments to, changes in interpretation of, or other changes to the City’s NPDES permits may require the District to modify monitoring of the SVAWPC and DPR Demonstration Facility wastewater discharge.
2. District shall adhere to the init ial schedule for sampling and analyses provided in Table 3.A of First Revised Exhibit B. The schedule for sampling and analyses shall also be incorporated into the SVAWPC Operation and Maintenance Manual. The Parties may mutually agree to written modification of Table 3.A of First Revised Exhibit B.
District also agrees to conduct monitoring efforts not mandated by the City’s NPDES permits of the SVAWPC and DPR Pilot and Demonstration Facility (as specified in First Revised Exhibit B Table 2A and Table 3A)) wastewater discharge at reasonable detection
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levels to provide tracking of potential impacts on the City wastewater treatment system and/or ability to comply with NPDES permits requirements due to discharge of the SVAWPC and DPR Demonstration Facility wastewater discharge to the WPCP.
3. District shall establish, implement, and maintain a water quality monitoring program to collect and test representative samples of Product Water and Blended Product Water to verify compliance with specifications set forth in Table 2 of First Revised Exhibit B.
4. District shall establish, implement, and maintain a water quality monitoring program to collect and test representative samples from wastewater discharged by the SVAWPC and DPR Pilot and Demonstration Facility (as specified in First Revised Exhibit B Table 2A. and Table 3A.) to verify compliance with specifications set forth in Table 3.A of First Revised Exhibit B.
5. The locations for sampling and moni toring shall be as described in First Revised Exhibit B. Sample collections shall be coordinated with the City’s monitoring efforts to facilitate accurate and timely reporting of monitoring information.
6. District shall provide the City with reasonable access to sample locations on the Product Water and DPR Pilot and Demonstration Facility Product Water streams from SVAWPC and DPR Pilot and Demonstration Facility and wastewater discharge from SVAWPC and DPR Pilot and Demonstration Facility to conduct independent monitoring for confirmation of District monitoring information.
7. In the first two years following Co mmencement of Operation of the SVAWPC, as defined under First Revised Exhibit A, District shall perform the sampling required under Table 3.A of First Revised Exhibit B at twice the frequency specified with the exception noted for Table 3.A for sampling of asbestos, chromium VI, PCBs and dioxin which will be done at the normal frequency shown in the table. The Parties shall jointly review the data from the monitoring program during the first year following Commencement of Operation and modify the monitoring program with the goal of reducing monitoring efforts not mandated by the City’s NPDES permits to a level that would still track the potential impact of Reverse Osmosis Discharge on the WPCP System. No later than two years after Commencement of Operations, the frequency of monitoring efforts not mandated by the City’s NPDES permits shall be reduced at all locations to the frequency specified in Table
3.A of First Revised Exhibit B, with the exception of monitoring for constituents governed by Section C.8 below.
8.The DPR Pilot and Demonstration Facility
During the period of operation of the DPR Pilot Facility, District shall perform the sampling required under Table 3.A of First Revised Exhibit B at the frequency specified with the exception noted for Table 3.A for sampling of asbestos and dioxin. The Parties shall jointly review the data from the monitoring program during the first year following operation of the Pilot Facility and modify the monitoring program with the goal of reducing monitoring efforts not mandated by the City’s NPDES permits to a level that would still track the potential impact of Reverse
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Osmosis Discharge on the WPCP System. Notwithstanding the above and prior to the operation of the DPR Demonstration Facility, the Parties shall discuss a mutually agreeable sampling and reporting schedule for the DPR Demonstration Facility, provided reverse osmosis impacts to WPCP continues to be monitored.
9. The Parties shall conduct additional and accelerated monitoring as described in this Section 9 in the event that the discharge at the WPCP discharge point approaches or exceeds any effluent limitation or toxicity requirements in the City’s NPDES Permits.
Constituents that approach or exceed a NPDES permit effluent limitation will be sampled and analyzed daily 1) by the City in the WPCP final effluent, and 2) by the District in the Reverse Osmosis Reject. Daily sampling may be discontinued once two successive WPCP final effluent samples demonstrate that the discharge no longer contains constituent(s) above the effluent limitation(s), and the frequency of monitoring may resume to the frequency specified in Table 3.A of First Revised Exhibit B.
The City will initiate accelerated bioassay testing as soon as practicable if the WPCP final effluent exceeds the acute or chronic toxicity effluent limits. The testing will continue back to back until the WPCP final effluent complies with effluent limits consistent with the City’s NPDES Permits monitoring requirements.
The Reverse Osmosis Reject shall also be tested if the WPCP final effluent exceeds the acute or chronic toxicity effluent limits, or other conditions that trigger the requirement to institute additional toxicity monitoring. The Reverse Osmosis Reject shall be blended with potable water using methods consistent with the Environmental Protection Agency’s methods.
9. To the extent practicable, the Pa rties shall coordinate toxicity testing schedules to maximize the usefulness of the District’s test data in assessing impacts on the WPCP final effluent.
D. Documentation and Reporting.
1. District shall obtain a ll applicable permits to produce unrestricted quality recycled water that meets the quality standards set forth under Title 22 of the California Code of Regulations by the California Department of Public Health (the “CDPH”), and/or by the Regional Water Quality Control Board (the “RWQCB”). Within thirty (30) days of securing such permits, the District shall use reasonable efforts to provide the City with a copy of those permits along with the documentation submitted to the CDPH and RWQCB to secure the permits.
2. The operation and maintenance practices of the SVAWPC and DPR Demonstration Facility are subject to the City's NPDES Permits requirements. The City’s NPDES Permits require the City to submit any planned changes, and/or significant changes to operation and maintenance, to the Regional Water Quality Control Board (the “RWQCB”) within specified time periods. The District agrees to submit the following plans, including amendments, to the City prior to start-up and testing consistent with the schedule set forth in First Revised Exhibit C, attached hereto and incorporated by reference herein.
To the extent that these plans or plan changes could reasonably subject City to potential
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regulatory enforcement action by the RWQCB, the District and City mutually agree to prioritize remedies, to promptly address any and all necessary modifications to the plans, to reasonably ensure the City will not potentially be in violation of the NPDES Permits.
The City acknowledges that these plans may be modified once start-up and testing begins, and the District agrees to submit revisions according to the Deliverable Due Dates table contained in First Revised Exhibit C of this Agreement. a. Staffing Plan - including description of how the day to day operation of the SVAWPC and DPR Demonstration Facility will be staffed (both on-site and remotely). The Staffing Plan should include a delineation of all personnel employed, with job titles and appropriate recycled water treatment plant operator certification requirements identified for each personnel. The Staffing Plan should also include an organization chart identifying lines of authority, with names and telephone numbers for all personnel. The person responsible for communicating with the Deputy Director of Wastewater or designee on a day-to-day basis should be identified, as well as how City staff will be informed of water quality problems (both Product Water and brine waste). The staffing plan shall comply with all federal and state requirements including all requirements in the City’s NPDES permits.
b. Operations and Maintenance Manual - including unit process descriptions and layouts, piping diagram(s), operations considerations, safety, management information system, reports and record keeping, process instrumentation, chemical storage handling and feeding, electrical system, utilities, brine management, maintenance considerations, and other items as appropriate.
c. Start-up and Testing Plan - including a communications plan between District and City staff (e.g. regular weekly/daily/monthly meetings for the first month/6 months/year), description of where test water will be conveyed prior to producing product water, chronic toxicity testing procedures, procedures for demonstrating sufficient quality product water and brine are being produced, and other operational considerations.
d. Chronic Toxicity Compliance Demonstration Plan - including description of the testing that will demonstrate that waste streams produced by the SVAWPC and DPR Demonstration Facility, including Reverse Osmosis Reject, will not cause or contribute to chronic toxicity in WPCP final effluent. e.
Pollution Prevention Plan - including source reduction and other practices that will reduce the amount of pollutants entering a waste stream prior to out- of-process recycling, treatment, or disposal.
f. Asset Management Program - including parts inventory, calibration timing for applicable equipment, routine maintenance schedules, chemical supply, rehabilitation and replacement schedule, computerized maintenance and management system employed, and other considerations as required by the NPDES permits.
g. Contingency Plan for Operation Under Emergency Conditions - including chain of command, backup provisions, notification procedures, emergency
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conditions that could impact SVAWPC and DPR Demonstration Facility treatment operations, spill prevention planning, and other considerations.
The District shall retain a professional engineer registered in the State of California with demonstrated expertise in wastewater treatment, recycled water and environmental compliance, to conduct an evaluation of the above plans for technical consistency with all applicable state and federal laws and regulations, including any impact on NPDES Permits compliance. The professional engineer shall certify that all information provided is true and accurate. The certification shall indicate that the plans do comply with all applicable state and federal laws and regulations. Each original document, and subsequent revisions, shall include the Certification Statement shown below:
CERTIFICATION STATEMENT
I certify under penalty of law that this document and any attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
CERTIFIED BY:
Name (please print) Email Title
Signature Date Phone PREPARED BY:
Name (please print) Email Title
Signature Date Phone
3. The District shall provide monthly and annual reports to the City documenting compliance with the monitoring, sampling, and water quality and wastewater discharge requirements set forth in Tables 2A, 2B, 2C, and 3A of First Revised Exhibit B.
4. The District shall require the SVAWPC and DPR Demonstration Facility operators to keep daily logs of SVAWPC and DPR Demonstration Facility operations and maintenance pursuant to reasonable industry standards. Upon reasonable notice, the District shall provide the City access to the daily logs for review, as needed. The District shall provide a summary report of the operation
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and maintenance activities at the SVAWPC and DPR Demonstration Facility to the City’s WPCP Chief Plant Operator on a quarterly basis, or other mutually agreed upon period. The District shall provide the City with written notification of any known reasonable potential or actual violation, of the Water Recycling Criteria specified in Chapter 3 of Title 22 of the California Code of Regulations, within two (2) hours of the District learning of the potential or actual violation. In addition, the District shall provide a written report of how the District resolved or intends to resolve the issue within seventy-two (72) hours of learning of the potential or actual violation. The District agrees to share DPR Pilot and Demonstration Facility data with City.
5. The District shall provide City wit h any updates to the Staffing Plan, Operations and Maintenance Manual, Pollution Prevention Plan, Asset Management Program and Contingency Plan for Operation under Emergency Conditions on an annual basis on or before January 1st. In the event that District wishes to implement significant modifications to SVAWPC and DPR Demonstration Facility operation and maintenance practices, the District shall provide a description of intended modifications to the City prior to implementing such changes. District shall comply with the requirements of the Ground Lease Agreement prior to construction of major capital improvements to, or removal of major equipment from the facility.
6. The District shall prepare and submit to the California Department of Public Health and/or RWQCB all regulatory reports required by these agencies for the operation and maintenance of the SVAWPC and DPR Demonstration Facility. The Parties shall coordinate activities regarding the schedule and format of the regulatory reports, and a copy of the reports shall be provided to the City.
ARTICLE 4 CITY OPERATION AND MAINTENANCE OBLIGATIONS.
A. Provision of Secondary Wa ter and Recycled Water.
1. The City shall supply the District wit h up to twelve (12) mgd of Secondary Effluent.
2. The City shall supply Tertiary Effluent to the District for blending with Product Water and DPR Demonstration Facility Product Water, as, specified in First Revised Exhibit B Table 2A. and Table 3A., in accordance with Exhibit E of the Ground Lease Agreement.
3. The District understands and acknowledges that the City is charged with the responsibility of operating the WPCP and WPCP sewage systems in a manner which the City determines to be most beneficial to the users of the WPCP and that factors beyond the control of the City could cause operational difficulties at the WPCP or in the sewage system resulting in the need to temporarily reduce or suspend the provision of Secondary Effluent to the SVAWPC and DPR Demonstration Facility. The rights of the District to Secondary Effluent pertain only to the Secondary Effluent produced by the WPCP and delivered to the SVAWPC and DPR Demonstration Facility. Nothing contained herein shall
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be construed to qualify in any manner the City’s right to operate the WPCP at such level as it determines, in its absolute discretion to be appropriate, or to discontinue the operation of the WPCP. Any right of the District to Secondary Effluent shall be subordinate to the rights and responsibilities of the City as herein set forth. In the event that the City temporarily reduces or suspends provision of Secondary Effluent to District, the City shall use its best efforts to re-establish the production of Secondary Effluent of a suitable quality and quantity as soon as reasonably possible, and shall re-establish District’s supply of such water accordingly. The City understands and acknowledges that its failure to supply the District with an adequate volume and quality of Secondary Effluent to enable the District to meet the operational parameters specified in Exhibit E of the Ground Lease Agreement, suspends the District’s obligations for satisfying those operational parameters until such time the City can provide the District with a sufficient volume of Secondary Effluent.
4. Upon request of the Dis trict, the City shall provide the District with any Secondary Effluent, or Tertiary Effluent quality monitoring data collected by the City.
5. The City shall provide the Distric t with reasonable access to sample Secondary Effluent delivered to the SVAWPC and DPR Demonstration Facility.
6. The City shall immediately cease providing the District with Secondary Effluent upon discovery by either party that the Secondary Effluent: (i) has either contributed to, caused or has the potential to cause the District to violate Article 3(B)(5), (ii) contains flammable liquid, solid, vapor, or gas or other substance that poses a fire or explosive hazard, (iii) could interfere with the proper operation of the SVAWPC or would require unusual attention or expense to handle, process or treat, (iv) could result in the voiding of the warranty of any component, part or equipment of the SVAWPC; or (v) contains contaminates in sufficient quantity to constitute a hazard to humans from physical contact or inhalation, including the operators of the SVAWPC. Whosoever makes the determination that such a situation exists shall provide a written explanation of the facts, circumstances and reasons why the Secondary Effluent supply was suspended. The parties will then endeavor to resolve any concerns regarding the Secondary Effluent.
7. The City agrees to prov ide the District with Material Safety Data sheets, application points, and dose ranges for chemicals applied in the WPCP treatment process for chemicals added to the treatment process prior to the SVAWPC’s receipt of effluent.
The City agrees to provide the District updates to this information seven (7) calendar days, or as soon as practicable, prior to the application of new chemical(s), provided that advance notice is reasonably feasible. The District reserves the right to discontinue operation of the SVAWPC, if it determines that the cost to modify the operation of the SVAWPC in response to the addition of chemical(s) is not in the District's financial interest, or that the chemical(s) are detrimental to the functioning of the SVAWPC. If the District discontinues operation of the SVAWPC for the above reasons, the City and District agree to meet and endeavor to reach a mutually acceptable solution.
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B. Acceptance of SVAWPC and DPR Demons tration Facility Waste Streams.
1. The City shall accept up to 1.5 m gd of Waste Stream Discharge from the SVAWPC and DPR Demonstration Facility to the WPCP emergency basin overflow structure.
2. The City shall accept up to 2 mgd of Reverse Osmosis Reject from the SVAWPC and DPR Demonstration Facility to the WPCP chlorine contact tanks structure.
3. The City shall accept all water used to test and start up the SVAWPC in accordance with the Start Up and Testing Plan certified pursuant to Article 3(D)(2), provided the water quality meets the requirements set forth in Table 3.A of First Revised Exhibit B. The Parties shall closely coordinate start-up of the SVAWPC.
4. The City shall accept all water used to test and start up the DPR Pilot and Demonstration Facility, provided the water quality meets the requirements set forth in Table 3.A of First Revised Exhibit B. The Parties shall closely coordinate start-up of the DPR Demonstration Facility.
4. The locations for acceptance of waste stream discharge and Reverse Osmosis Reject may be subject to change at the City’s sole discretion provided the City first submits written notification to the District, and the Parties have mutually agreed to changes to the monitoring program due to the change in location(s). The City reserves the right to change locations without notice to the District in the event that the City reasonably believes it must do so to maintain compliance with the NPDES permits. The Parties, however, shall mutually agree to modifications to the monitoring program within a reasonable time after the change in location(s).
C. Permits.
1. The City shall maintain valid National Pollutant Discharge Elimination System (“NPDES”) permits authorizing the WPCP’s discharge of treated wastewater to South San Francisco Bay.
2. The City shall maintain a valid Wa ter Reclamation Permit from the RWQCB authorizing the WPCP to operate and maintain SBWR.
3. The City shall maintain a valid permit from the RWQCB authorizing the WPCP to produce the Tertiary Effluent.
ARTICLE 5 COMMUNICATION S AND COORDINATION
A. Meetings. The Parties agree to designate personnel to meet on a regular basis to review operational and maintenance issues associated with meeting the requirements of this Agreement. During the first two years following Commencement of Operation, the designated staff shall meet monthly, and thereafter on a periodic basis to be determined by
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mutual consent of the Parties. Notwithstanding the above, each Party reserves the right to raise operational issues as provided for under the Integration Agreement
B. Public Tours. Public tours must not interfere with the safe and secure operation of SVAWPC.
C. Operational Communications. The Partie s must have the ability to communicate to each other regarding operational issues, and in case of emergency 24-hours per day. The District shall provide City with the District’s SVAWPC and DPR Demonstration Facility emergency contact number prior to operating the SVWAPC. City personnel can be reached at (408) 635-4000. The Parties shall provide each other any updates to the contact information.
D. Customer Communications. The Partie s shall coordinate development of a communication plan to inform SBWR customers of the planned start-up date and initial operations of the SVAWPC and DPR Demonstration Facility.
ARTICLE 6 MISCELLANEOUS.
A. Qualified Personnel. The District shall operate the SVAWPC and DPR Demonstration Facility with qualified District personnel or contractors, or both District personnel and contractors.
B. Costs. All costs, including indirect and direct costs, incurred by the Parties to undertake the obligations specified in this Agreement for the administration, operation, maintenance and repair of the SVAWPC, or SBWR are operating costs subject to Article 7 of the Integration Agreement.
C. Insurance. District agrees to have and main tain the policies set forth in Section 17 of the Ground Lease Agreement. All policies, endorsements, certificates, and/or binders shall be subject to review and approval by the Director of Finance or the Director’s authorized designee (“Risk Manager”) of the City of San José as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. Should the Risk Manager recommend any change in any coverage such recommendation shall be discussed by the Technical Working Group and reviewed by the Recycled Water Policy Advisory Committee.
D. Assignment. No Party shall assign, sublet, or transfer this Agreement or any of the rights or interests in this Agreement without the written consent of the other Party.
E. Consent. Unless expressly provided ot herwise, whenever in this Agreement the approval or consent of a Party is required, such approval or consent shall be in advance, shall be in writing, and shall be executed by a person having the express authority to grant such approval or consent.
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F. Controlling Law. Except as federal law may apply, the Parties agree that this Agreement shall be governed and construed by and according to the laws of the State of California.
G. Relationship to Other Agr eements. This Agreement is intended to supplement the terms and conditions of the Ground Lease Agreement, and the Integration Agreement by providing additional parameters as to each Party’s obligations for operation and maintenance of the SVAWPC and DPR Demonstration Facility. To the extent that a term and condition of this Agreement conflicts with the Ground Lease Agreement, or the Integration Agreement, the terms and conditions of the Ground Lease Agreement, or Integration Agreement shall prevail.
H. Exhibits and Addenda. All exhibits and addenda referred to herein, and any exhibits or schedules which may from time to time be referred to in any duly executed amendment thereto, are by such reference incorporated herein and shall be deemed a part of this Agreement as if set forth fully herein. The Exhibits attached to this Agreement are:
First Revised Exhibit A Definitions
First Revised Exhibit B Water Quality Requirements
First Revised Exhibit C Deliverable Due Dates
I. Force Majeure. For purposes of this Agreement the term “Force Majeure” shall mean earthquake, fire or other casualty, flood, landslide, epidemic, unforeseeable adverse weather, “acts of God”, war, civil disturbance, court ordered injunction, intervention by civil or military authorities or government, strikes, lockouts, boycotts or other labor disputes, to the extent any of the foregoing are beyond the reasonable control of either the City or District and which cause such Party to be delayed or hindered in or prevented from the performance of any covenant or obligation under this Agreement.
J. Headings. The headings of the paragraphs and sections of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof.
K. Independent Contractor. Cit y and District, in the performance of the tasks to be performed by each, shall each act as and be an independent contractor and not an agent or employee of the other. As independent contractors, both City and District shall be responsible for tasks performed by their agents, contractors or employees, including the payment of any and all compensation, or the provision of any benefits due said agents, contractors or employees. City and District each agree to indemnify and hold harmless the other Party from any claim that may be made by its agents, employee or contractors for benefits or compensation.
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L. Interpretation. This Agreement s hall be deemed to have been prepared equally by both Parties, and its individual provisions shall not be construed or interpreted more favorably for one Party on the basis that the other Party prepared it.
M. Material Considerations. Each and every term, condition, covenant and provision of this Agreement shall be deemed to be a material part of the consideration for the entry into this Agreement, and any breach hereof by either Party shall be deemed to be a material breach. Each term and provision of the Agreement to be performed by a Party shall be construed to be both a covenant and a condition.
N. Modification of the Agr eement. This Agreement shall not be modified, unless the Parties first agree to and approve of such modification in writing in the form of an amendment to this Agreement.
O. Number and Gender. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and the masculine gender shall include the feminine gender.
P. Successor and Assigns. The provision of this Agreement shall, subject to the provisions concerning transfer, apply to and bind the successors and assigns of the Parties hereto.
Q. Validity of Existing Agreements. Execut ion of this Agreement does not modify, invalidate or supersede any prior agreements made between the Parties.
R. Venue. In the event that suit shall be brought by either Party hereunder, the Parties agree that venue shall be exclusively vested in the state courts of California in the County of Santa Clara or if federal jurisdiction is appropriate, exclusively in the United States District Court in the Northern District of California, San Jose, California.
ARTICLE 7 NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either Party to the other, shall be in writing and shall be addressed as follows, or to such other place as City or District, respectively, may notify the other in writing:
If to City, the same shall be addressed to:
Jeff Provenzano
Director of Environmental Services
City of San Jose
200 East Santa Clara Street, 10
th floor tower
San Jose, CA 95113
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With a copy to:
Office of the City Attorney
City of San Jose
200 East Santa Clara Street, 16
th floor tower
San Jose, CA 95113
If to District, the same shall be addressed to:
Aaron Baker
Chief Operating Officer
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
With a copy to the:
Office of the District Counsel
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
APPROVED AS TO FORM CITY OF SAN JOSE, a municipal Corporation
__________________________ _________________ ____________________
LEANNE BOLANO SARAH ZARATE
Deputy City Attorney Director, City Manager’s Office
APPROVED AS TO FORM SANTA CL ARA VALLEY WATER DISTRICT, a Special District established by the California
Legislature
__________________________ _________________ ____________________ BRIAN HOPPER RICK L. CALLENDER, Esq.
Senior Assistant District Counsel Chief Executive Officer
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FIRST REVISED EXHIBIT A
DEFINITIONS
“Blended Product Water” means water that meets the specifications contained Table 2.C of First Revised Exhibit B of this Agreement, and consistent with the requirements of Title 22 of the California Code of Regulations and the SBWR Permit for unrestricted quality recycled water. All references to permits or regulatory requirements in this Agreement hereafter shall also include regulations and/or permits as they may be amended or superseded by other equivalent regulatory requirements throughout the term of this Agreement. This will include DPR Demonstration Facility Product Water that meets the requirements of Title 22 of the California Code of Regulations. “Commencement of Operations” means the first day of the operation of the SVAWPC, by the District or an approved subcontractor, for 10 consecutive days in a consistent and reliable manner to produce water that meets the product water quality specifications set forth in First Revised Exhibit B of this Agreement in an amount equal to: (i) the amount of water produced by two full treatment trains of the SVAWPC (MF, RO, UV) at design capacity of 2.67 MGD per train, or (ii) SBWR’s then-current demand, whichever is lesser.
After the Commencement of Operations, the District shall employ reasonable efforts to operate the SVAWPC for 10 consecutive days prior to the SVAWPC summer operation period in a consistent and reliable manner to meet the product water quality specifications set forth in First Revised Exhibit B in an amount equal to: (i) the “Projected Year 2010 Flows” specified in Table 1 (SBWR Supply Sources – Summer Operation) of Exhibit E of the Ground Lease Agreement, or (ii) the amount of flow accepted by the City, whichever is lesser.
“Days” unless otherwise specified, shall mean calendar day.
“Direct potable reuse”, or “purified water – shall mean treated recycled water that meets the requirements of Tit. 22 Cal. Code Regs. Art. 10 and is introduced either directly into a public water system or into a raw water supply immediately upstream of a water treatment plant, in accordance with Tit. 22 Cal. Code Regs. § 64669.05. “DPR Pilot Facility” – shall mean a direct potable reuse (“DPR”) pilot facility that will utilize unused secondary wastewater and treating it through a new purification treatment technique. The DPR Pilot Facility will have a treatment capacity of approximately 200 gallons per minute (200 gpm) and will not be permitted for nonpotable or potable reuse.
DPR Pilot Facility Product Water will be discharged to the WPCP. “DPR Demonstration Facility” – shall mean a direct potable reuse (“DPR”) demonstration facility that will utilize unused secondary or tertiary wastewater and treating it through a new purification treatment technique consistent with DPR regulations. This DPR Demonstration Facility will treat wastewater from the Plant such that it meets regulatory requirements for potable reuse. This facility may include a separate structure for an education learning center to promote outreach and education through visits of the
T-39637/2163586 Page E-19
public, students, and technical experts. The DPR Demonstration Facility will have a treatment capacity of up to five hundred gallons per minute (500 gpm). DPR Demonstration Facility product water will meet the requirements of Title 22 of the California Code of Regulations for nonpotable reuse and will primarily be blended with Tertiary Effluent with a smaller volume utilized for education and outreach purposes. “DPR Pilot Facility Product Water” means the water produced and discharged to WPCP from the pilot-scale treatment technology. The Pilot portion of the project is anticipated to operate for 2-3 years from the date of execution of this amendment.
“DPR Demonstration Facility Product Water” shall mean treated recycled water that meets the requirements of Tit. 22 Cal. Code Regs. for nonpotable reuse and is to be blended with SVAWPC Product Water or be bottled for educational and outreach purposes.
“Interference” means a discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the WPCP System, or causes or significantly contributes to a violation of any requirement of the NPDES permit; and includes prevention of biosolids use or disposal by WPCP under state and federal law.
“mgd” means million gallons per day.
“mg/L” means milligrams per liter.
“Plant Commissioning Test” or “PCT” means a minimum 30 day commissioning testing period of the SVAWPC (performed by the District, an approved contractor, or both) that commences immediately after the District accepts as satisfactory the acceptance testing conducted by the SVAWPC construction contractor.
“Product Water” means water that meets the minimum state Water Recycling Criteria under Chapter 3 of Title 22 of the California Code of Regulations, the “Unrestricted Quality Reclaimed Water” (“Disinfected Tertiary”) specifications contained in San Francisco Bay Area Regional Water Quality Control Board Order Number 95-117 (“SBWR Permit”) and Table 2 of First Revised Exhibit B of this Agreement. All references to permits or regulatory requirements in this Agreement hereafter shall also include regulations and/or permits as they may be amended or superseded by other equivalent regulatory requirements throughout the term of this Agreement.
“Reverse Osmosis Reject” or “ROR” means water discharged by the SVAWPC or DPR Demonstration Facility to the WPCP that complies with the limitations set forth in Table 3.A of Exhibit B, and includes waste streams from reverse osmosis membrane treatment process.
“Secondary Effluent” means water from the WPCP that meets the Secondary Effluent Quality Criteria stated in Table 1 of First Revised Exhibit B.
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“Slug Discharge” means any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or non-customary batch discharge, which has a reasonable potential to cause Interference or pass-through or in any other way cause a violation of applicable permit conditions.
“TDS” means total dissolved solids in the recycled water measured in mg/L.
“Technical Working Group” means the staff level working group formed by the Parties pursuant to the Recycled Water Facilities and Programs Integration Agreement.
“Tertiary Effluent” means recycled water produced by the WPCP after wastewater treatment including screening and grit removal, primary sedimentation, secondary treatment by the activated sludge process, secondary clarification, filtration, disinfection, and dechlorination.
“ug/L” means micrograms per liter.
“Waste Stream Discharge” means discharge from the SVAWPC and DPR Demonstration Facility to the WPCP emergency basin overflow structure that conforms to the water quality requirements set forth in Table 3.A of First Revised Exhibit B of this Agreement, and may include waste streams from the automatic strainers, MF/UF reverse filtration, MF/UF Clean-In-Place (CIP) System, RO CIP System and RO shutdown flush, as well as storm water flows.
“WPCP”, or “Plant”, or “RWF” means the San José/Santa Clara Water Pollution Control Plant commonly known as the Regional Wastewater Facility, and its equipment and personnel, located at 700 Los Esteros Road, San Jose, Santa Clara County, California.
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FIRST REVISED EXHIBIT B
WATER QUALITY REQUIREMENTS
Table 1. San Jose/Santa Clara Water Pollution Control Plant Secondary Effluent Quality Criteria
Parameter
Criterion
TSS up to 20 mg/L
pH 5.5 – 8.5
Temperature 50 – 80 deg. F
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Table 2. SVAWPC Product Water and Blended Product Quality Standards and Monitoring Requirements
Table 2A. Product Water and Blended Product Water
Constituent
or
Parameter
Type of
Sample Criterion Applicati on Basis for Requirement
pH Continuous 6.5 ≤ pH ≤ 8.5 At any time Title 22/NPDES Turbidity
Continuous 0.2 NTU
No more than
5% of the time
within a 24-
hour period
Title 22/NPDES
0.5 NTU At any time
Total
Coliform (1)
Grab, daily
2.2 MPN/100 mL 7-day median
Title 22/NPDES 23 MPN/100 mL Any sample
Dissolved
Oxygen
Continuous >1.0 mg/L At any time Title 22/NPDES
Dissolved
Sulfide
Continuous <0.1 mg/L At any time Title 22/NPDES
Conductivity Continuous City/SBWR
Flow Continuous Title 22/NPDES
Chlorine
Residual
Continuous
5mg/L minimum;
10 mg/L
maximum
At any time Title 22/NPDES
Note 1. In the event that DISTRICT shall measure coliform by other than the multiple tube fermentation method producing a result in “most probable number,” they shall document to CDPH the equivalence of the alternate method. Should DISTRICT determine over time that, due to consistency or other reason, certain constituents did not need to be sampled, DISTRICT may implement a revised sampling protocol subject to approval by the WPCP.
Note 2. The Pilot Facility will not be subject to this table.
Note 3. Valley Water reserves the right to conduct testing to meet the requirements set forth in Tit. 22 Cal.
Code Regs. Art. 10
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Table 2B. SVAWPC Product Water
Constituent
or
Parameter
Type of
Sample Criterion Application Basis for Requirement
UV Dosage
RO
Permeate
Continuous ≥ 50 mJ/cm2 At any time City/SBWR
UV Dosage
MF Filtrate Continuous ≥ 80 mJ/cm2 At any time City/ SBWR TDS Continuous <60 mg/L At any time City/SBWR
.
Table 2C. SVAWPC Blended Product Water
Constituent
or
Parameter
Type of
Sample Criterion Application Basis for Requirement
TDS Continuous 500±50
mg/L
This 500 mg/l TDS
is a rolling annual
average based on
a 28 mgd Max.
City/SBWR
All sampling and monitoring will use approved USEPA Methods with Minimum Levels as specified in RWQCB guidance dated August 6, 2001.
Monitoring Locations
Product Water – located at any point in the pipe which delivers Product Water to the Transmission Pump Station for blending, and downstream of any SVAWPC treatment or storage unit, blending point, or point of use.
Blended Product Water – located at any point after Product Water is completely blended with Tertiary Effluent, and statistically representative of Blended Product Water serving SBWR Customers.
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Table 3. SVAWPC Waste Streams and Reverse Osmosis Reject Waste Streams Wastewater Discharge Standards and Monitoring Requirements
Table 3A. SVAWPC Waste Stream and Reverse Osmosis Reject (ROR) Constituent
or Parameter Type of Sample Criterion Application Basis for Requirement
pH Continuous 6.0 ≤ pH ≤ 12.5 Waste Stream City 6.5 ≤ pH ≤ 8.5 ROR Turbidity Grab, Monthly 10 NTU At any time City
Ammonia Composite,
Monthly N/A Waste Stream and
ROR City/NPDES
Antimony Grab, Monthly 5,000 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Arsenic Grab, Monthly 1,0 00 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Beryllium Grab, Monthly 750 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Cadmium Grab, Monthly 700 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Chromium
Total Grab, Monthly 1,000 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Copper Grab, Monthly 2,300 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Cyanide Grab, Quarterly 500 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Lead Grab, Monthly 400 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Mercury Grab, Monthly 10ug/L Waste Stream and
ROR
SJMC §
15.14.585
Nickel Grab, Monthly 500 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Nitrate Composite,
Monthly N/A Waste Stream and
ROR City/NPDES
Nitrite Composite,
Monthly N/A Waste Stream and
ROR City/NPDES
Oil and
Grease Grab, Quarterly 150,000 ug/L Waste Stream and
ROR City
Phenols Grab, Quarterly 30,000 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Phosphorus Composite,
Monthly N/A Waste Stream and
ROR City/NPDES
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Selenium Grab, Monthly 1,000 ug/L Waste Stream and
ROR
SJMC §
15.14.585
Silver Grab, Monthly 700 ug/L At any time SJMC §
15.14.585
Zinc Grab, Monthly 2,600 ug/L Waste Stream and
ROR
SJMC §
15.14.585
All other CA
Toxics Rule
(CTR) Priority
Pollutants*
Grab, Semi-
annual City
* Monitoring Only: All sampling shall be done at twice the frequency noted for the first two years following Commencement of Operations except for Asbestos, Chromium (VI), Dioxin, and PCBs which will be done at the normal frequency shown in the table.
All sampling and monitoring will use approved USEPA Methods with Minimum Levels as specified in RWQCB guidance dated August 6, 2001.
Monitoring Locations
SVAWPC Waste Stream – located at any point in the discharge pipe which delivers SVAWPC Waste Stream to the WPCP, and downstream of any SVAWPC treatment or storage unit, or wastewater blending point.
Reverse Osmosis Reject – located at any point in the discharge pipe which delivers Reverse Osmosis Reject to the WPCP, and downstream of any SVAWPC treatment or storage unit, or wastewater blending point.
DPR Demonstration Facility Waste Stream – located at any point in the discharge pipe which delivers DPR Demonstration Facility Waste Stream to the WPCP, and downstream of any SVAWPC treatment or storage unit, or wastewater blending point.
DPR Demonstration Facility Reverse Osmosis Reject – located at any point in the discharge pipe which delivers Reverse Osmosis Reject to the WPCP, and downstream of any DPR Demonstration Facility treatment or storage unit, or wastewater blending point.
After both Parties agree that the DPR Demonstration Facility waste streams have been adequately characterized, the waste streams from SVAWPC and DPR Demonstration Facility can be monitored as a single waste stream.
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Table 3B. CTR Constituents to Be Monitored Controlling Water Quality Criterion for
Surface
CTR
#
Constituent
CAS
Basis
Criterion
Concentration
(ug/L or noted)
Minimum
Reporting
Level
Suggested
Test
INORGANICS
1 Antimony 7440360 Primary MCL 6 5 EPA 6020/200.8
2 Arsenic 7440382 Ambient Water Quality 0.018 1 EPA
15 Asbestos* 1332214 National Toxics Rule/
Primary MCL
7 MFL 0.22 MFL >10um EPA/600/R-
93/116(PCM)
3 Beryllium 7440417 Primary MCL 4 1 EPA 6020/200.8
4 Cadmium 7440439 Public Health Goal 0.07 0.25 EPA 1638/200.8 5a Chromium (total) 7440473 Primary MCL 50 2 EPA 6020/200.8 5b Chromium (VI)* 18540299 Public Health Goal 0.2 5 EPA 7199/1636 6 Copper 7440508 National Toxics Rule 4.1 (6) 0.5 EPA 6020/200.8 14 Cyanide 57125 National Toxics Rule 5.2 5 EPA 9012A
7 Lead 7439921 Calif. Toxics Rule 0.92 (6) 0.5 EPA 1638 8 Mercury 7439976 National Toxics Rule 0.0005 EPA 1669/1631 9 Nickel 7440020 Calif. Toxics Rule 24 (6) 5 EPA 6020/200.8 10 Selenium 7782492 Calif. Toxics Rule 5 5 EPA 6020/200.8 11 Silver 7440224 Calif. Toxics Rule 0.71 (6) 1 EPA 6020/200.8 12 Thallium 7440280 National Toxics Rule 1.7 1 EPA 6020/200.8 13 Zinc 7440666 Calif. Toxics Rule 54/ 16 (6) 10 EPA 6020/200.8
VOLATILE ORGANICS
28 1,1-Dichloroethane 75343 Primary MCL 5 1 EPA 8260B
30 1,1-Dichloroethene 75354 National Toxics Rule 0.057 0.5 EPA 8260B 41 1,1,1-Trichloroethane 71556 Primary MCL 200 2 EPA 8260B 42 1,1,2-Trichloroethane 79005 National Toxics Rule 0.6 0.5 EPA 8260B 37 1,1,2,2-Tetrachloroethane 79345 National Toxics Rule 0.17 0.5 EPA 8260B 75 1,2-Dichlorobenzene 95501 Taste & Odor 10 2 EPA 8260B 29 1,2-Dichloroethane 107062 National Toxics Rule 0.38 0.5 EPA 8260B 31 1,2-Dichloropropane 78875 Calif. Toxics Rule 0.52 0.5 EPA 8260B 101 1,2,4-Trichlorobenzene 120821 Public Health Goal 5 5 EPA 8260B 76 1,3-Dichlorobenzene 541731 Taste & Odor 10 2 EPA 8260B 32 1,3-Dichloropropene 542756 Primary MCL 0.5 0.5 EPA 8260B 77 1,4-Dichlorobenzene 106467 Primary MCL 5 2 EPA 8260B 17 Acrolein 107028 Aquatic Toxicity 21 5 EPA 8260B
18 Acrylonitrile 107131 National Toxics Rule 0.059 2 EPA 8260B 19 Benzene 71432 Primary MCL 1 0.5 EPA 8260B
20 Bromoform 75252 Calif. Toxics Rule 4.3 2 EPA 8260B
34 Bromomethane 74839 Calif. Toxics Rule 48 2 EPA 8260B 21 Carbon tetrachloride 56235 National Toxics Rule 0.25 0.5 EPA 8260B 22 Chlorobenzene (mono chlorobenzene) 108907 Taste & Odor 50 2 EPA 8260B 24 Chloroethane 75003 Taste & Odor 16 2 EPA 8260B
25 2- Chloroethyl vinyl ether 110758 Aquatic Toxicity 122 (2) 1 EPA 8260B 26 Chloroform 67663 OEHHA Cancer Risk 1.1 0.5 EPA 8260B 35 Chloromethane 74873 USEPA Health Advisory 3 2.0 EPA 8260B 23 Dibromochloromethane 124481 Calif. Toxics Rule 0.41 0.5 EPA 8260B 27 Dichlorobromomethane 75274 Calif. Toxics Rule 0.56 0.5 EPA 8260B 36 Dichloromethane 75092 Calif. Toxics Rule 4.7 2 EPA 8260B 33 Ethylbenzene 100414 Taste & Odor 29 2 EPA 8260B
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Table 3B. CTR Constituents to Be Monitored Controlling Water Quality Criterion for
Surface
CTR
#
Constituent
CAS
Basis
Criterion
Concentration
(ug/L or noted)
Minimum
Reporting
Level
Suggested
Test
88 Hexachlorobenzene 118741 Calif. Toxics Rule 0.00075 1 EPA 8260B 89 Hexachlorobutadiene 87683 National Toxics Rule 0.44 1 EPA 8260B 91 Hexachloroethane 67721 National Toxics Rule 1.9 1 EPA 8260B 94 Naphthalene 91203 USEPA IRIS 14 10 EPA 8260B
38 Tetrachloroethene 127184 National Toxics Rule 0.8 0.5 EPA 8260B 39 Toluene 108883 Taste & Odor 42 2 EPA 8260B
40 trans-1,2-Dichloroethylene 156605 Primary MCL 10 1 EPA 8260B 43 Trichloroethene 79016 National Toxics Rule 2.7 2 EPA 8260B 44 Vinyl chloride 75014 Primary MCL 0.5 0.5 EPA 8260B
SEMI-VOLATILE ORGANICS
60 1,2-Benzanthracene 56553 Calif. Toxics Rule 0.0044 5 EPA 8270C 85 1,2-Diphenylhydrazine 122667 National Toxics Rule 0.04 1 EPA 8270C 45 2-Chlorophenol 95578 Taste and Odor 0.1 2 EPA 8270C
46 2,4-Dichlorophenol 120832 Taste and Odor 0.3 1 EPA 8270C 47 2,4-Dimethylphenol 105679 Calif. Toxics Rule 540 2 EPA 8270C 49 2,4-Dinitrophenol 51285 National Toxics Rule 70 5 EPA 8270C 82 2,4-Dinitrotoluene 121142 National Toxics Rule 0.11 5 EPA 8270C 55 2,4,6-Trichlorophenol 88062 Taste and Odor 2 10 EPA 8270C 83 2,6-Dinitrotoluene 606202 USEPA IRIS 0.05 5 EPA 8270C 50 2-Nitrophenol 25154557 Aquatic Toxicity 150 (3) 10 EPA 8270C 71 2-Chloronaphthalene 91587 Aquatic Toxicity 1600 (4) 10 EPA 8270C 78 3,3'-Dichlorobenzidine 91941 National Toxics Rule 0.04 5 EPA 8270C 62 3,4-Benzofluoranthene 205992 Calif. Toxics Rule 0.0044 10 EPA 8270C 52 4-Chloro-3-methylphenol 59507 Aquatic Toxicity 30 5 EPA 8270C 48 4,6-Dinitro-2-methylphenol 534521 National Toxics Rule 13.4 10 EPA 8270C 51 4-Nitrophenol 100027 USEPA Health Advisory 60 10 EPA 8270C 69 4-Bromophenyl phenyl ether 101553 Aquatic Toxicity 122 10 EPA 8270C 72 4-Chlorophenyl phenyl ether 7005723 Aquatic Toxicity 122 (2) 5 EPA 8270C 56 Acenaphthene 83329 Taste and Odor 20 1 EPA 8270C
57 Acenaphthylene 208968 No Criteria Available 10 EPA 8270C 58 Anthracene 120127 Calif. Toxics Rule 9,600 10 EPA 8270C 59 Benzidine 92875 National Toxics Rule 0.00012 5 EPA 8270C 61 Benzo(a)pyrene (3,4-Benzopyrene) 50328 Calif. Toxics Rule 0.0044 2 EPA 8270C 63 Benzo(g,h,i)perylene 191242 No Criteria Available 5 EPA 8270C 64 Benzo(k)fluoranthene 207089 Calif. Toxics Rule 0.0044 2 EPA 8270C 65 Bis(2-chloroethoxy) methane 111911 No Criteria Available 5 EPA 8270C 66 Bis(2-chloroethyl) ether 111444 National Toxics Rule 0.031 1 EPA 8270C 67 Bis(2-chloroisopropyl) ether 39638329 Aquatic Toxicity 122 (2) 10 EPA 8270C 68 Bis(2-ethylhexyl) phthalate 117817 National Toxics Rule 1.8 5 EPA 8270C 70 Butyl benzyl phthalate 85687 Aquatic Toxicity 3 (5) 10 EPA 8270C 73 Chrysene 218019 Calif. Toxics Rule 0.0044 5 EPA 8270C 81 Di-n-butylphthalate 84742 Aquatic Toxicity 3 (5) 10 EPA 8270C 84 Di-n-octylphthalate 117840 Aquatic Toxicity 3 (5) 10 EPA 8270C 74 Dibenzo(a,h)-anthracene 53703 Calif. Toxics Rule 0.0044 0.1 EPA 8270C 79 Diethyl phthalate 84662 Aquatic Toxicity 3 (5) 2 EPA 8270C 80 Dimethyl phthalate 131113 Aquatic Toxicity 3 (5) 2 EPA 8270C 86 Fluoranthene 206440 Calif. Toxics Rule 300 10 EPA 8270C
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Table 3B. CTR Constituents to Be Monitored Controlling Water Quality Criterion for
Surface
CTR
#
Constituent
CAS
Basis
Criterion
Concentration
(ug/L or noted)
Minimum
Reporting
Level
Suggested
Test
87 Fluorene 86737 Calif. Toxics Rule 1300 10 EPA 8270C
90 Hexachlorocyclopentadiene 77474 Taste and Odor 1 5 EPA 8270C 92 Indeno(1,2,3-c,d)pyrene 193395 Calif. Toxics Rule 0.0044 0.05 EPA 8270C 93 Isophorone 78591 National Toxics Rule 8.4 1 EPA 8270C 98 N-Nitrosodiphenylamine 86306 National Toxics Rule 5 1 EPA 8270C 96 N-Nitrosodimethylamine 62759 National Toxics Rule 0.00069 5 EPA 8270C 97 N-Nitrosodi-n-propylamine 621647 Calif. Toxics Rule 0.005 5 EPA 8270C 95 Nitrobenzene 98953 National Toxics Rule 17 10 EPA 8270C 53 Pentachlorophenol 87865 Calif. Toxics Rule 0.28 1 EPA 8270C 99 Phenanthrene 85018 No Criteria Available 5 EPA 8270C 54 Phenol 108952 Taste and Odor 5 1 EPA 8270C
100 Pyrene 129000 Calif. Toxics Rule 960 10 EPA 8270C
PESTICIDES - PCBs
110 4,4'-DDD 72548 Calif. Toxics Rule 0.00083 0.05 EPA 8081A 109 4,4'-DDE 72559 Calif. Toxics Rule 0.00059 0.05 EPA 8081A 108 4,4'-DDT 50293 Calif. Toxics Rule 0.00059 0.01 EPA 8081A 112 alpha-Endosulfan 959988 National Toxics Rule 0.056 (7) 0.02 EPA 8081A 103 alpha-Hexachlorocyclohexane (BHC) 319846 Calif. Toxics Rule 0.0039 0.01 EPA 8081A 102 Aldrin 309002 Calif. Toxics Rule 0.00013 0.005 EPA 8081A 113 beta-Endosulfan 33213659 Calif. Toxics Rule 0.056 (7) 0.01 EPA 8081A 104 beta-Hexachlorocyclohexane 319857 Calif. Toxics Rule 0.014 0.005 EPA 8081A 107 Chlordane 57749 Calif. Toxics Rule 0.00057 0.1 EPA 8081A 106 delta-Hexachlorocyclohexane 319868 No Criteria Available 0.005 EPA 8081A 111 Dieldrin 60571 Calif. Toxics Rule 0.00014 0.01 EPA 8081A 114 Endosulfan sulfate 1031078 Ambient Water Quality 0.056 0.05 EPA 8081A 115 Endrin 72208 Calif. Toxics Rule 0.036 0.01 EPA 8081A 116 Endrin Aldehyde 7421934 Calif. Toxics Rule 0.76 0.01 EPA 8081A 117 Heptachlor 76448 Calif. Toxics Rule 0.00021 0.01 EPA 8081A 118 Heptachlor Epoxide 1024573 Calif. Toxics Rule 0.0001 0.01 EPA 8081A 105 Lindane (gamma- 58899 Calif. Toxics Rule 0.019 0.02 EPA 8081A 119 PCB-1016* 12674112 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 120 PCB-1221* 11104282 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 121 PCB-1232* 11141165 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 122 PCB-1242* 53469219 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 123 PCB-1248* 12672296 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 124 PCB-1254* 11097691 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 125 PCB-1260* 11096825 Calif. Toxics Rule 0.00017 (8) 0.5 EPA 8082 126 Toxaphene* 8001352 Calif. Toxics Rule 0.0002 0.5 EPA8081A 16 2,3,7,8- TCDD (Dioxin)* 1746016 Calif. Toxics Rule 1.3E-08 5.00E-06 EPA 8290 (HRGC) MS
* Not monitor during startup and first two years of the operations. Then, monitor as identified in Table 3A.
NOTES:
(1) The Criterion Concentrations serve only as a point of reference for the selection of the appropriate analytical method. They do not indicate a regulatory decision that the cited concentration is either necessary or sufficient for full protection of beneficial uses. Available technology may require that effluent limits be set lower than these values.
T-39637/2163586 Page E-29
(2) For haloethers.
(3) For nitrophenols.
(4) For chlorinated naphthalenes.
(5) For phthalate esters.
(6) Freshwater aquatic life criteria for metals are expressed as a function of total hardness (mg/L) in the water body. Values displayed correspond to a total hardness of 40 mg/L. (7) Criteria for sum of alpha- and beta- forms.
(8) Criteria for sum of all PCBs.
T-39637/2163586 Page E-30
FIRST REVISED EXHIBIT C
DELIVERABLE SUBMITTAL SCHEDULE
Document Submittal Schedule*
a Staffing Plan 60 Days prior to the PCT; 30 days
prior to any change; annual if no
chan
ge
b Operations and Maintenance Manual 30 Days prior to the PCT; revisions within 30 days of
change; annual if no change
c Start-up and Testing Plan 60 Days prior to the PCT
d Chronic Toxicity Co mpliance Demonstration
Plan
45 Days prior to the PCT
e Pollution Prevention Plan 45 Da ys prior to the PCT; 30 days prior to any change; annual if no
change
f Asset Management Program Within 60 Days following
“Commencement of Operations”;
revisions within 60 days of
change; annual if no change
g Contingency Plan for Operation under
Emergency Conditions
60 Days prior to the PCT; 30 days
prior to any change; annual if no
change
* Amendments to the documents for the DPR Demonstration Facility shall be submitted 30 Days prior to PCT for the DPR Demonstration Facility.
EXHIBIT F
Recording Requested by:
Santa Clara Valley Water District, a
California Special District
When recorded, return to:
Santa Clara Valley Water District
Office of the District Counsel
5750 Almaden Expressway
San José, CA 95118
---------------------------------------------------------------------------------------------------------------------
MEMORANDUM OF OPTION AGREEMENT
THIS MEMORANDUM OF OPTION AGRE EMENT (“Memorandum”) is made and entered into this _____ day of _____________, 2025 (the “Effective Date”), by and between the City of San José, a municipal corporation (“San Jose”) and City of Santa Clara, a municipal corporation (“Santa Clara” and with San Jose, the “Owners”) and the Santa Clara Valley Water District, a California Special District (“Valley Water”).
1. Option Agreement. The provisions set forth in an Option Agreement for First Amendment to Ground Lease and Property Use Agreement between the parties hereto, dated ________, (“Option Agreement”) are incorporated by reference into this Memorandum. Under the Option Agreement, the Owners have granted Valley Water an option to amend that certain Ground Lease and Property Use Agreement, dated July 1, 2010, under the terms and conditions set forth in the Option Agreement. The Option Agreement is on file with the City Clerk’s Office of the City of San José.
2. Premises. The Premises that are the subject of the Option Agreement are as more particularly described in Exhibit A attached hereto.
3. The Option Agreement term commenced on _________, and shall terminate three years thereafter, subject to early termination in accordance with the Option Agreement.
The purpose of this Memorandum is to give notice of the existence of the Option Agreement, which itself constitutes the agreement between the parties.
[Signature Page Follows]
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the Effective Date.
APPROVED AS TO FORM:
By:
Leanne C. Bolaño
Deputy City Attorney
APPROVED AS TO FORM:
By:
E. Ray Ruiz
Assistant District Counsel
APPROVED AS TO FORM:
By:
Glen Googins
City Attorney
CITY OF SAN JOSE
By:
Toni Taber, MMC
City Clerk
SANTA CLARA VALLEY WATER
DISTRICT
By:
Melanie Richardson
Interim Chief Executive Officer
CITY OF SANTA CLARA
By: