State Water Resources Control Board Order No. 2006-0003-DWQ Page 20 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2/06 falsifying any information provided in the technical or monitoring reports is subject to civil monetary penalties.
L. SEVERABILITY
1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby.
2. This order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the Enrollee from liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge.
CERTIFICATION
The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDRs duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 2, 2006.
AYE: Tam M. Doduc
Gerald D. Secundy
NO: Arthur G. Baggett
ABSENT: None
ABSTAIN: None
__________________________
Song Her
Clerk to the Board
STATE WATER RESOURCES CONTROL BOARD
MONITORING AND REPORTING PROGRAM NO. 2006-0003-DWQ
STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS
FOR
SANITARY SEWER SYSTEMS
This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order No. 2006-2003-DWQ, “Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.” Revisions to this MRP may be made at any time by the Executive Director, and may include a reduction or increase in the monitoring and reporting.
A. SANITARY SEWER OVERFLOW REPORTING
SSO Categories
1. Category 1 - All discharges of sewage resulting from a failure in the Enrollee’s sanitary sewer system that:
A. Equal or exceed 1000 gallons, or
B. Result in a discharge to a drainage channel and/or surface water; or C. Discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system.
2. Category 2 – All other discharges of sewage resulting from a failure in the Enrollee’s sanitary sewer system.
3. Private Lateral Sewage Discharges – Sewage discharges that are caused by blockages or other problems within a privately owned lateral.
SSO Reporting Timeframes
4. Category 1 SSOs – All SSOs that meet the above criteria for Category 1 SSOs must be reported as soon as: (1) the Enrollee has knowledge of the discharge, (2) reporting is possible, and (3) reporting can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of Category 1 SSOs must be reported to the Online SSO System as soon as possible but no later than 3 business days after the Enrollee is made aware of the SSO.
Minimum information that must be contained in the 3-day report must include all information identified in section 9 below, except for item 9.K. A final certified report must be completed through the Online SSO System, within 15 calendar days of the conclusion of SSO response and remediation. Additional information may be added to the certified report, in the form of an attachment, at any time.
The above reporting requirements do not preclude other emergency notification requirements and timeframes mandated by other regulatory agencies (local
Monitoring and Reporting Program No. 2006-0003-DWQ Page 2 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 County Health Officers, local Director of Environmental Health, Regional Water Boards, or Office of Emergency Services (OES)) or State law.
5. Category 2 SSOs – All SSOs that meet the above criteria for Category 2 SSOs must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the SSO occurs (e.g. all SSOs occurring in the month of January must be entered into the database by March 1st).
6. Private Lateral Sewage Discharges – All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SSO Database based upon the Enrollee’s discretion. If a Private Lateral sewage discharge is recorded in the SSO Database, the Enrollee must identify the sewage discharge as occurring and caused by a private lateral, and a responsible party (other than the Enrollee) should be identified, if known.
7. If there are no SSOs during the calendar month, the Enrollee will provide, within 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SSOs for the designated month.
8. In the event that the SSO Online Database is not available, the enrollee must fax all required information to the appropriate Regional Water Board office in accordance with the time schedules identified above. In such event, the Enrollee must also enter all required information into the Online SSO Database as soon as practical.
Mandatory Information to be Included in SSO Online Reporting All Enrollees must obtain SSO Database accounts and receive a “Username” and “Password” by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within thirty (30) days of receiving an account and prior to recording SSOs into the SSO Database, all Enrollees must complete the “Collection System Questionnaire”, which collects pertinent information regarding an Enrollee’s collection system. The “Collection System Questionnaire” must be updated at least every 12 months.
At a minimum, the following mandatory information must be included prior to finalizing and certifying an SSO report for each category of SSO:
9. Category 2 SSOs:
A. Location of SSO by entering GPS coordinates;
B. Applicable Regional Water Board, i.e. identify the region in which the SSO occurred;
C. County where SSO occurred;
D. Whether or not the SSO entered a drainage channel and/or surface water;
E. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system;
Monitoring and Reporting Program No. 2006-0003-DWQ Page 3 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 F. Estimated SSO volume in gallons;
G. SSO source (manhole, cleanout, etc.);
H. SSO cause (mainline blockage, roots, etc.);
I. Time of SSO notification or discovery;
J. Estimated operator arrival time;
K. SSO destination;
L. Estimated SSO end time; and
M. SSO Certification. Upon SSO Certification, the SSO Database will issue a Final SSO Identification (ID) Number.
10. Private Lateral Sewage Discharges:
A. All information listed above (if applicable and known), as well as; B. Identification of sewage discharge as a private lateral sewage discharge; and
C. Responsible party contact information (if known).
11. Category 1 SSOs:
A. All information listed for Category 2 SSOs, as well as; B. Estimated SSO volume that reached surface water, drainage channel, or not recovered from a storm drain;
C. Estimated SSO amount recovered;
D. Response and corrective action taken;
E. If samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA must be selected.
F. Parameters that samples were analyzed for (if applicable); G. Identification of whether or not health warnings were posted; H. Beaches impacted (if applicable). If no beach was impacted, NA must be selected;
I. Whether or not there is an ongoing investigation;
J. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps;
K. OES control number (if applicable);
L. Date OES was called (if applicable);
M. Time OES was called (if applicable);
N. Identification of whether or not County Health Officers were called; O. Date County Health Officer was called (if applicable); and P. Time County Health Officer was called (if applicable).
Reporting to Other Regulatory Agencies
These reporting requirements do not preclude an Enrollee from reporting SSOs to other regulatory agencies pursuant to California state law. These reporting requirements do not replace other Regional Water Board telephone reporting requirements for SSOs.
Monitoring and Reporting Program No. 2006-0003-DWQ Page 4 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006
1. The Enrollee shall report SSOs to OES, in accordance with California Water Code Section 13271.
Office of Emergency Services
Phone (800) 852-7550
2. The Enrollee shall report SSOs to County Health officials in accordance with California Health and Safety Code Section 5410 et seq.
3. The SSO database will automatically generate an e-mail notification with customized information about the SSO upon initial reporting of the SSO and final certification for all Category 1 SSOs. E-mails will be sent to the appropriate County Health Officer and/or Environmental Health Department if the county desires this information, and the appropriate Regional Water Board.
B. Record Keeping
1. Individual SSO records shall be maintained by the Enrollee for a minimum of five years from the date of the SSO. This period may be extended when requested by a Regional Water Board Executive Officer.
3. All records shall be made available for review upon State or Regional Water Board staff’s request.
4. All monitoring instruments and devices that are used by the Enrollee to fulfill the prescribed monitoring and reporting program shall be properly maintained and calibrated as necessary to ensure their continued accuracy;
5. The Enrollee shall retain records of all SSOs, such as, but not limited to and when applicable:
a. Record of Certified report, as submitted to the online SSO database; b. All original recordings for continuous monitoring instrumentation; c. Service call records and complaint logs of calls received by the Enrollee; d. SSO calls;
e. SSO records;
f. Steps that have been and will be taken to prevent the SSO from recurring and a schedule to implement those steps.
g. Work orders, work completed, and any other maintenance records from the previous 5 years which are associated with responses and investigations of system problems related to SSOs;
h. A list and description of complaints from customers or others from the previous 5 years; and
i. Documentation of performance and implementation measures for the previous 5 years.
6. If water quality samples are required by an environmental or health regulatory agency or State law, or if voluntary monitoring is conducted by the Enrollee or its agent(s), as a result of any SSO, records of monitoring information shall include:
Monitoring and Reporting Program No. 2006-0003-DWQ Page 5 of 5 Statewide General WDRs for Sanitary Sewer Systems 5/2/2006 a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical technique or method used; and,
f. The results of such analyses.
C. Certification
1. All final reports must be certified by an authorized person as required by Provision J of the Order.
2. Registration of authorized individuals, who may certify reports, will be in accordance with the CIWQS’ protocols for reporting.
Monitoring and Reporting Program No. 2006-0003 will become effective on the date of adoption by the State Water Board.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Board held on May 2, 2006.
Song Her
Clerk to the Board
33 APPENDIX “C”
ORDER NO. WQ 2013-0058-EXEC
STATE OF CALIFORNIA
WATER RESOURCES CONTROL BOARD
ORDER NO. WQ 2013-0058-EXEC
AMENDING MONITORING AND REPORTING PROGRAM
FOR
STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR
SANITARY SEWER SYSTEMS
The State of California, Water Resources Control Board (hereafter State Water Board) finds:
1. The State Water Board is authorized to prescribe statewide general Waste Discharge Requirements (WDRs) for categories of discharges that involve the same or similar operations and the same or similar types of waste pursuant to Water Code section 13263(i).
2. Water Code section 13193 et seq. requires the Regional Water Quality Control Boards (Regional Water Boards) and the State Water Board (collectively, the Water Boards) to gather Sanitary Sewer Overflow (SSO) information and make this information available to the public, including but not limited to, SSO cause, estimated volume, location, date, time, duration, whether or not the SSO reached or may have reached waters of the state, response and corrective action taken, and an enrollee's contact information for each SSO event. An enrollee is defined as the public entity having legal authority over the operation and maintenance of, or capital improvements to, a sanitary sewer system greater than one mile in length.
3. Water Code section 13271, et seq. requires notification to the California Office of Emergency Services (Cal OES), formerly the California Emergency Management Agency, for certain unauthorized discharges, including SSOs.
4. On May 2, 2006, the State Water Board adopted Order 2006-0003-DWQ, "Statewide Waste Discharge Requirements for Sanitary Sewer Systems"1(hereafter SSS WDRs) to comply with Water Code section 13193 and to establish the framework for the statewide SSO Reduction Program.
5. Subsection G.2 of the SSS WDRs and the Monitoring and Reporting Program (MRP) provide that the Executive Director may modify the terms of the MRP at any time.
6. On February 20, 2008, the State Water Board Executive Director adopted a revised MRP for the SSS WDRs to rectify early notification deficiencies and ensure that first responders are notified in a timely manner of SSOs discharged into waters of the state.
7. When notified of an SSO that reaches a drainage channel or surface water of the state, Cal OES, pursuant to Water Code section 13271(a)(3), forwards the SSO notification information2to local government agencies and first responders including local public health officials and the applicable Regional Water Board. Receipt of notifications for a single SSO event from both the SSO reporter and Cal OES is duplicative. To address this, the SSO notification requirements added by the February 20, 2008 MRP revision are being removed in this MRP revision.
1 Available for download at:
http://www.waterboards.ca.gov/board decisions/adopted orders/water guality/2006/wgo/wgo2006 0003.pdf
2 Cal OES Hazardous Materials Spill Reports available Online at:
http://w3.calema.ca.gov/operational/malhaz.nsf/$defaultview and http://w3.calema.ca.gov/operational/malhaz.nsf
Monitoring and Reporting Program No. WQ 2013-0058-EXEC
Statewide Waste Discharge Requirements for Sanitary Sewer Systems Page 2 of 2
8. In the February 28, 2008 Memorandum of Agreement between the State Water Board and the California Water and Environment Association (CWEA), the State Water Board committed to re- designing the CIWQS3 Online SSO Database to allow "event" based SSO reporting versus the original "location" based reporting. Revisions to this MRP and accompanying changes to the CIWQS Online SSO Database will implement this change by allowing for multiple SSO appearance points to be associated with each SSO event caused by a single asset failure.
9. Based on stakeholder input and Water Board staff experience implementing the SSO Reduction Program, SSO categories have been revised in this MRP. Inthe prior version of the MRP, SSOs have been categorized as Category 1 or Category 2. This MRP implements changes to SSO categories by adding a Category 3 SSO type. This change will improve data management to further assist Water Board staff with evaluation of high threat and low threat SSOs by placing them in unique categories (i.e., Category 1 and Category 3, respectively). This change will also assist enrollees in identifying SSOs that require Cal OES notification.
10. Based on over six years of implementation of the SSS WDRs, the State Water Board concludes that the February 20, 2008 MRP must be updated to better advance the SSO Reduction Program4 objectives, assess compliance, and enforce the requirements of the SSS WDRs.
IT IS HEREBY ORDERED THAT:
Pursuant to the authority delegated by Water Code section 13267(f), Resolution 2002-0104, and Order 2006-0003-DWQ, the MRP for the SSS WDRs (Order 2006-0003-DWQ) is hereby amended as shown in Attachment A and shall be effective on September 9, 2013.
Date
3 California Integrated Water Quality System (CIWQS) publicly available at http://www.waterboards .ca.gov/ciwgs/publicreports.shtml 4 Statewide Sanitary Sewer Overflow Reduction Program information is available at:
http://www.waterboards.ca.gov/water issues/proqrams/sso/
ATTACHMENT A
STATE WATER RESOURCES CONTROL BOARD
ORDER NO. WQ 2013-0058-EXEC
AMENDING MONITORING AND REPORTING PROGRAM
FOR
STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR
SANITARY SEWER SYSTEMS
This Monitoring and Reporting Program (MRP) establishes monitoring, record keeping, reporting and public notification requirements for Order 2006-0003-DWQ, “Statewide General Waste Discharge Requirements for Sanitary Sewer Systems” (SSS WDRs). This MRP shall be effective from September 9, 2013 until it is rescinded. The Executive Director may make revisions to this MRP at any time. These revisions may include a reduction or increase in the monitoring and reporting requirements. All site specific records and data developed pursuant to the SSS WDRs and this MRP shall be complete, accurate, and justified by evidence maintained by the enrollee. Failure to comply with this MRP may subject an enrollee to civil liabilities of up to $5,000 a day per violation pursuant to Water Code section 13350; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement. The State Water Resources Control Board (State Water Board) reserves the right to take any further enforcement action authorized by law.
A. SUMMARY OF MRP REQUIREMENTS
Table 1 – Spill Categories and Definitions
CATEGORIES DEFINITIONS [see Section A on page 5 of Order 2006-0003-DWQ, for Sewer Overflow (SSO) definition]
CATEGORY 1
Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:
· Reach surface water and/or reach a drainage channel tributary to a surface water; or
· Reach a Municipal Separate Storm Sewer System (MS4) and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the MS4 is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or groundwater infiltration basin (e.g., infiltration pit, percolation pond).
CATEGORY 2
Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a MS4 unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly.
CATEGORY 3 All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.
CATEGORIES DEFINITIONS [see Section A on page 5 of Order 2006-0003-DWQ, for Sewer Overflow (SSO) definition]
PRIVATE
LATERAL
SEWAGE
DISCHARGE
(PLSD)
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sewer assets. PLSDs that the enrollee becomes aware of may be voluntarily reported to the California Integrated Water Quality System (CIWQS) Online SSO Database.
Table 2 – Notification, Reporting, Monitoring, and Record Keeping Requirements
ELEMENT REQUIREMENT METHOD
NOTIFICATION
(see section B
of MRP)
· Within two hours of becoming aware of any
Category 1 SSO greater than or equal to 1,000
gallons discharged to surface water or
spilled in a location where it probably will be
discharged to surface water, notify the
California Office of Emergency Services (Cal
OES) and obtain a notification control number.
Call Cal OES at:
(800) 852-7550
REPORTING
(see section C
of MRP)
· Category 1 SSO: Submit draft report within three
business days of becoming aware of the SSO
and certify within 15 calendar days of SSO end
date.
· Category 2 SSO: Submit draft report within 3
business days of becoming aware of the SSO
and certify within 15 calendar days of the SSO
end date.
· Category 3 SSO: Submit certified report within
30 calendar days of the end of month in which
SSO the occurred.
· SSO Technical Report: Submit within 45
calendar days after the end date of any
Category 1 SSO in which 50,000 gallons or
greater are spilled to surface waters.
· “No Spill” Certification: Certify that no SSOs
occurred within 30 calendar days of the end of
the month or, if reporting quarterly, the quarter in
which no SSOs occurred.
· Collection System Questionnaire: Update and
certify every 12 months.
Enter data into the
CIWQS Online SSO
Database
(http://ciwqs.waterboar
ds.ca.gov/), certified by
enrollee’s Legally
Responsible Official(s).
WATER
QUALITY
MONITORING
(see section D
of MRP)
· Conduct water quality sampling within 48 hours
after initial SSO notification for Category 1 SSOs
in which 50,000 gallons or greater are spilled to
surface waters.
Water quality results
are required to be
uploaded into CIWQS
for Category 1 SSOs in
which 50,000 gallons
or greater are spilled to
surface waters.
RECORD
KEEPING
(see section E
of MRP)
· SSO event records.
· Records documenting Sanitary Sewer
Management Plan (SSMP) implementation and
changes/updates to the SSMP.
· Records to document Water Quality Monitoring
for SSOs of 50,000 gallons or greater spilled to
surface waters.
· Collection system telemetry records if relied
upon to document and/or estimate SSO Volume.
Self-maintained
records shall be
available during
inspections or upon
request.
Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Statewide Waste Discharge Requirements for Sanitary Sewer Systems Page 4 of 12 B. NOTIFICATION REQUIREMENTS
Although Regional Water Quality Control Boards (Regional Water Boards) and the State Water Board (collectively, the Water Boards) staff do not have duties as first responders, this MRP is an appropriate mechanism to ensure that the agencies that have first responder duties are notified in a timely manner in order to protect public health and beneficial uses.
1. For any Category 1 SSO greater than or equal to 1,000 gallons that results in a discharge to a surface water or spilled in a location where it probably will be discharged to surface water, either directly or by way of a drainage channel or MS4, the enrollee shall, as soon as possible, but not later than two (2) hours after (A) the enrollee has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, notify the Cal OES and obtain a notification control number.
2. To satisfy notification requirements for each applicable SSO, the enrollee shall provide the information requested by Cal OES before receiving a control number. Spill information requested by Cal OES may include:
i. Name of person notifying Cal OES and direct return phone number. ii. Estimated SSO volume discharged (gallons).
iii. If ongoing, estimated SSO discharge rate (gallons per minute). iv. SSO Incident Description:
a. Brief narrative.
b. On-scene point of contact for additional information (name and cell phone number). c. Date and time enrollee became aware of the SSO.
d. Name of sanitary sewer system agency causing the SSO. e. SSO cause (if known).
v. Indication of whether the SSO has been contained.
vi. Indication of whether surface water is impacted.
vii. Name of surface water impacted by the SSO, if applicable. viii. Indication of whether a drinking water supply is or may be impacted by the SSO. ix. Any other known SSO impacts.
x. SSO incident location (address, city, state, and zip code).
3. Following the initial notification to Cal OES and until such time that an enrollee certifies the SSO report in the CIWQS Online SSO Database, the enrollee shall provide updates to Cal OES regarding substantial changes to the estimated volume of untreated or partially treated sewage discharged and any substantial change(s) to known impact(s).
Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Statewide Waste Discharge Requirements for Sanitary Sewer Systems Page 5 of 12
4. PLSDs: The enrollee is strongly encouraged to notify Cal OES of discharges greater than or equal to 1,000 gallons of untreated or partially treated wastewater that result or may result in a discharge to surface water resulting from failures or flow conditions within a privately owned sewer lateral or from other private sewer asset(s) if the enrollee becomes aware of the PLSD.
C. REPORTING REQUIREMENTS
1. CIWQS Online SSO Database Account: All enrollees shall obtain a CIWQS Online SSO Database account and receive a “Username” and “Password” by registering through CIWQS.
These accounts allow controlled and secure entry into the CIWQS Online SSO Database.
2. SSO Mandatory Reporting Information: For reporting purposes, if one SSO event results in multiple appearance points in a sewer system asset, the enrollee shall complete one SSO report in the CIWQS Online SSO Database which includes the GPS coordinates for the location of the SSO appearance point closest to the failure point, blockage or location of the flow condition that caused the SSO, and provide descriptions of the locations of all other discharge points associated with the SSO event.
3. SSO Categories
i. Category 1 – Discharges of untreated or partially treated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:
a. Reach surface water and/or reach a drainage channel tributary to a surface water; or b. Reach a MS4 and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the MS4 is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or groundwater infiltration basin (e.g., infiltration pit, percolation pond). ii. Category 2 – Discharges of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from an enrollee’s sanitary sewer system failure or flow condition that does not reach a surface water, a drainage channel, or the MS4 unless the entire SSO volume discharged to the storm drain system is fully recovered and disposed of properly. iii. Category 3 – All other discharges of untreated or partially treated wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.
4. Sanitary Sewer Overflow Reporting to CIWQS - Timeframes i. Category 1 and Category 2 SSOs – All SSOs that meet the above criteria for Category 1 or Category 2 SSOs shall be reported to the CIWQS Online SSO Database:
a. Draft reports for Category 1 and Category 2 SSOs shall be submitted to the CIWQS Online SSO Database within three (3) business days of the enrollee becoming aware of the SSO. Minimum information that shall be reported in a draft Category 1 SSO report shall include all information identified in section 8.i.a. below. Minimum information that shall be reported in a Category 2 SSO draft report shall include all information identified in section 8.i.c below.
Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Statewide Waste Discharge Requirements for Sanitary Sewer Systems Page 6 of 12 b. A final Category 1 or Category 2 SSO report shall be certified through the CIWQS Online SSO Database within 15 calendar days of the end date of the SSO. Minimum information that shall be certified in the final Category 1 SSO report shall include all information identified in section 8.i.b below. Minimum information that shall be certified in a final Category 2 SSO report shall include all information identified in section 8.i.d below.
ii. Category 3 SSOs – All SSOs that meet the above criteria for Category 3 SSOs shall be reported to the CIWQS Online SSO Database and certified within 30 calendar days after the end of the calendar month in which the SSO occurs (e.g., all Category 3 SSOs occurring in the month of February shall be entered into the database and certified by March 30). Minimum information that shall be certified in a final Category 3 SSO report shall include all information identified in section 8.i.e below. iii. “No Spill” Certification – If there are no SSOs during the calendar month, the enrollee shall either 1) certify, within 30 calendar days after the end of each calendar month, a “No Spill” certification statement in the CIWQS Online SSO Database certifying that there were no SSOs for the designated month, or 2) certify, quarterly within 30 calendar days after the end of each quarter, “No Spill” certification statements in the CIWQS Online SSO Database certifying that there were no SSOs for each month in the quarter being reported on. For quarterly reporting, the quarters are Q1 - January/ February/ March, Q2 - April/May/June, Q3 - July/August/September, and Q4 - October/November/December.
If there are no SSOs during a calendar month but the enrollee reported a PLSD, the enrollee shall still certify a “No Spill” certification statement for that month. iv. Amended SSO Reports – The enrollee may update or add additional information to a certified SSO report within 120 calendar days after the SSO end date by amending the report or by adding an attachment to the SSO report in the CIWQS Online SSO Database.
SSO reports certified in the CIWQS Online SSO Database prior to the adoption date of this MRP may only be amended up to 120 days after the effective date of this MRP. After 120 days, the enrollee may contact the SSO Program Manager to request to amend an SSO report if the enrollee also submits justification for why the additional information was not available prior to the end of the 120 days.
5. SSO Technical Report
The enrollee shall submit an SSO Technical Report in the CIWQS Online SSO Database within 45 calendar days of the SSO end date for any SSO in which 50,000 gallons or greater are spilled to surface waters. This report, which does not preclude the Water Boards from requiring more detailed analyses if requested, shall include at a minimum, the following:
i. Causes and Circumstances of the SSO:
a. Complete and detailed explanation of how and when the SSO was discovered. b. Diagram showing the SSO failure point, appearance point(s), and final destination(s). c. Detailed description of the methodology employed and available data used to calculate the volume of the SSO and, if applicable, the SSO volume recovered. d. Detailed description of the cause(s) of the SSO.
Monitoring and Reporting Program Order No. WQ 2013-0058-EXEC Statewide Waste Discharge Requirements for Sanitary Sewer Systems Page 7 of 12 e. Copies of original field crew records used to document the SSO. f. Historical maintenance records for the failure location. ii. Enrollee’s Response to SSO:
a. Chronological narrative description of all actions taken by enrollee to terminate the spill.
b. Explanation of how the SSMP Overflow Emergency Response plan was implemented to respond to and mitigate the SSO.
c. Final corrective action(s) completed and/or planned to be completed, including a schedule for actions not yet completed.
iii. Water Quality Monitoring:
a. Description of all water quality sampling activities conducted including analytical results and evaluation of the results.
b. Detailed location map illustrating all water quality sampling points.
6. PLSDs
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sanitary sewer system assets may be voluntarily reported to the CIWQS Online SSO Database.
i. The enrollee is also encouraged to provide notification to Cal OES per section B above when a PLSD greater than or equal to 1,000 gallons has or may result in a discharge to surface water. For any PLSD greater than or equal to 1,000 gallons regardless of the spill destination, the enrollee is also encouraged to file a spill report as required by Health and Safety Code section 5410 et. seq. and Water Code section 13271, or notify the responsible party that notification and reporting should be completed as specified above and required by State law.
ii. If a PLSD is recorded in the CIWQS Online SSO Database, the enrollee must identify the sewage discharge as occurring and caused by a private sanitary sewer system asset and should identify a responsible party (other than the enrollee), if known. Certification of PLSD reports by enrollees is not required.
7. CIWQS Online SSO Database Unavailability
In the event that the CIWQS Online SSO Database is not available, the enrollee must fax or email all required information to the appropriate Regional Water Board office in accordance with the time schedules identified herein. In such event, the enrollee must also enter all required information into the CIWQS Online SSO Database when the database becomes available.
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8. Mandatory Information to be Included in CIWQS Online SSO Reporting All enrollees shall obtain a CIWQS Online SSO Database account and receive a “Username” and “Password” by registering through CIWQS which can be reached at [email protected] or by calling (866) 792-4977, M-F, 8 A.M. to 5 P.M.
These accounts will allow controlled and secure entry into the CIWQS Online SSO Database. Additionally, within thirty (30) days of initial enrollment and prior to recording SSOs into the CIWQS Online SSO Database, all enrollees must complete a Collection System Questionnaire (Questionnaire). The Questionnaire shall be updated at least once every 12 months.
i. SSO Reports
At a minimum, the following mandatory information shall be reported prior to finalizing and certifying an SSO report for each category of SSO:
a. Draft Category 1 SSOs: At a minimum, the following mandatory information shall be reported for a draft Category 1 SSO report:
1. SSO Contact Information: Name and telephone number of enrollee contact person who can answer specific questions about the SSO being reported.
2. SSO Location Name.
3. Location of the overflow event (SSO) by entering GPS coordinates. If a single overflow event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the SSO appearance point explanation field.
4. Whether or not the SSO reached surface water, a drainage channel, or entered and was discharged from a drainage structure.
5. Whether or not the SSO reached a municipal separate storm drain system.
6. Whether or not the total SSO volume that reached a municipal separate storm drain system was fully recovered.
7. Estimate of the SSO volume, inclusive of all discharge point(s).
8. Estimate of the SSO volume that reached surface water, a drainage channel, or was not recovered from a storm drain.
9. Estimate of the SSO volume recovered (if applicable).
10. Number of SSO appearance point(s).
11. Description and location of SSO appearance point(s). If a single sanitary sewer system failure results in multiple SSO appearance points, each appearance point must be described.
12. SSO start date and time.
13. Date and time the enrollee was notified of, or self-discovered, the SSO.
14. Estimated operator arrival time.
15. For spills greater than or equal to 1,000 gallons, the date and time Cal OES was called.
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16. For spills greater than or equal to 1,000 gallons, the Cal OES control number. b. Certified Category 1 SSOs: At a minimum, the following mandatory information shall be reported for a certified Category 1 SSO report, in addition to all fields in section 8.i.a:
1. Description of SSO destination(s).
2. SSO end date and time.
3. SSO causes (mainline blockage, roots, etc.).
4. SSO failure point (main, lateral, etc.).
5. Whether or not the spill was associated with a storm event.
6. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the overflow; and a schedule of major milestones for those steps.
7. Description of spill response activities.
8. Spill response completion date.
9. Whether or not there is an ongoing investigation, the reasons for the investigation and the expected date of completion.
10.Whether or not a beach closure occurred or may have occurred as a result of the SSO.
11.Whether or not health warnings were posted as a result of the SSO.
12. Name of beach(es) closed and/or impacted. If no beach was impacted, NA shall be selected.
13. Name of surface water(s) impacted.
14. If water quality samples were collected, identify parameters the water quality samples were analyzed for. If no samples were taken, NA shall be selected.
15. If water quality samples were taken, identify which regulatory agencies received sample results (if applicable). If no samples were taken, NA shall be selected.
16. Description of methodology(ies) and type of data relied upon for estimations of the SSO volume discharged and recovered.
17.SSO Certification: Upon SSO Certification, the CIWQS Online SSO Database will issue a final SSO identification (ID) number. c. Draft Category 2 SSOs: At a minimum, the following mandatory information shall be reported for a draft Category 2 SSO report:
1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO.
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1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO and Items 1-9, and 17 in section 8.i.b above for Certified Category 1 SSO. e. Certified Category 3 SSOs: At a minimum, the following mandatory information shall be reported for a certified Category 3 SSO report:
1. Items 1-14 in section 8.i.a above for Draft Category 1 SSO and Items 1-5, and 17 in section 8.i.b above for Certified Category 1 SSO. ii. Reporting SSOs to Other Regulatory Agencies
These reporting requirements do not preclude an enrollee from reporting SSOs to other regulatory agencies pursuant to state law. In addition, these reporting requirements do not replace other Regional Water Board notification and reporting requirements for SSOs. iii. Collection System Questionnaire
The required Questionnaire (see subsection G of the SSS WDRs) provides the Water Boards with site-specific information related to the enrollee’s sanitary sewer system. The enrollee shall complete and certify the Questionnaire at least every 12 months to facilitate program implementation, compliance assessment, and enforcement response. iv. SSMP Availability
The enrollee shall provide the publicly available internet web site address to the CIWQS Online SSO Database where a downloadable copy of the enrollee’s approved SSMP, critical supporting documents referenced in the SSMP, and proof of local governing board approval of the SSMP is posted. If all of the SSMP documentation listed in this subsection is not publicly available on the Internet, the enrollee shall comply with the following procedure:
a. Submit an electronic copy of the enrollee’s approved SSMP, critical supporting documents referenced in the SSMP, and proof of local governing board approval of the SSMP to the State Water Board, within 30 days of that approval and within 30 days of any subsequent SSMP re-certifications, to the following mailing address:
State Water Resources Control Board
Division of Water Quality
Attn: SSO Program Manager
1001 I Street, 15th Floor, Sacramento, CA 95814
D. WATER QUALITY MONITORING REQUIREMENTS:
To comply with subsection D.7(v) of the SSS WDRs, the enrollee shall develop and implement an SSO Water Quality Monitoring Program to assess impacts from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. The SSO Water Quality Monitoring Program, shall, at a minimum:
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1. Contain protocols for water quality monitoring.
2. Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions, etc.).
3. Require water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory.
4. Require monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure their continued accuracy.
5. Within 48 hours of the enrollee becoming aware of the SSO, require water quality sampling for, at a minimum, the following constituents:
i. Ammonia
ii. Appropriate Bacterial indicator(s) per the applicable Basin Plan water quality objective or Regional Board direction which may include total and fecal coliform, enterococcus, and ecoli.
E. RECORD KEEPING REQUIREMENTS:
The following records shall be maintained by the enrollee for a minimum of five (5) years and shall be made available for review by the Water Boards during an onsite inspection or through an information request:
1. General Records: The enrollee shall maintain records to document compliance with all provisions of the SSS WDRs and this MRP for each sanitary sewer system owned including any required records generated by an enrollee’s sanitary sewer system contractor(s).
2. SSO Records: The enrollee shall maintain records for each SSO event, including but not limited to:
i. Complaint records documenting how the enrollee responded to all notifications of possible or actual SSOs, both during and after business hours, including complaints that do not result in SSOs. Each complaint record shall, at a minimum, include the following information:
a. Date, time, and method of notification.
b. Date and time the complainant or informant first noticed the SSO. c. Narrative description of the complaint, including any information the caller can provide regarding whether or not the complainant or informant reporting the potential SSO knows if the SSO has reached surface waters, drainage channels or storm drains.
d. Follow-up return contact information for complainant or informant for each complaint received, if not reported anonymously.
e. Final resolution of the complaint.
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ii. Records documenting steps and/or remedial actions undertaken by enrollee, using all available information, to comply with section D.7 of the SSS WDRs. iii. Records documenting how all estimate(s) of volume(s) discharged and, if applicable, volume(s) recovered were calculated.
3. Records documenting all changes made to the SSMP since its last certification indicating when a subsection(s) of the SSMP was changed and/or updated and who authorized the change or update. These records shall be attached to the SSMP.
4. Electronic monitoring records relied upon for documenting SSO events and/or estimating the SSO volume discharged, including, but not limited to records from:
i. Supervisory Control and Data Acquisition (SCADA) systems ii. Alarm system(s)
iii. Flow monitoring device(s) or other instrument(s) used to estimate wastewater levels, flow rates and/or volumes.
F. CERTIFICATION
1. All information required to be reported into the CIWQS Online SSO Database shall be certified by a person designated as described in subsection J of the SSS WDRs. This designated person is also known as a Legally Responsible Official (LRO). An enrollee may have more than one LRO.
2. Any designated person (i.e. an LRO) shall be registered with the State Water Board to certify reports in accordance with the CIWQS protocols for reporting.
3. Data Submitter (DS): Any enrollee employee or contractor may enter draft data into the CIWQS Online SSO Database on behalf of the enrollee if authorized by the LRO and registered with the State Water Board. However, only LROs may certify reports in CIWQS.
4. The enrollee shall maintain continuous coverage by an LRO. Any change of a registered LRO or DS (e.g., retired staff), including deactivation or a change to the LRO’s or DS’s contact information, shall be submitted by the enrollee to the State Water Board within 30 days of the change by calling (866) 792-4977 or e-mailing [email protected].
5. A registered designated person (i.e., an LRO) shall certify all required reports under penalty of perjury laws of the state as stated in the CIWQS Online SSO Database at the time of certification.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of an order amended by the Executive Director of the State Water Resources Control Board.
34 APPENDIX “D”
ORDER NO. WQ 2022-0103-DWQ
1 STATE WATER RESOURCES CONTROL BOARD
1001 I Street, Sacramento, California 95814
ORDER WQ 2022-0103-DWQ
STATEWIDE WASTE DISCHARGE REQUIREMENTS
GENERAL ORDER FOR SANITARY SEWER SYSTEMS
This Order was adopted by the State Water Resources Control Board on December 6, 2022.
This Order shall become effective 180 days after the Adoption Date of this General Order, on June 5, 2023.
The Enrollee shall comply with the requirements of this Order upon the Effective Date of this General Order.
This General Order does not convey any property rights of any sort or any exclusive privileges.
The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, protect the Enrollee from liability under federal, state, or local laws, nor create a vested right for the Enrollee to continue the discharge of waste.
CERTIFICATION
I, Jeanine Townsend, Clerk to the Board, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the State Water Board on December 6, 2022.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
for
Jeanine Townsend
Clerk to the Board
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
2 Table of Contents
1. Introduction .................................................................................................................... 4
2. Regulatory Coverage and Application Requirements .................................................... 5
2.1. Requirements for Continuation of Existing Regulatory Coverage ....................... 5
2.2. Requirements for New Regulatory Coverage...................................................... 5
2.3. Regulatory Coverage Transfer............................................................................ 7
3. Findings ......................................................................................................................... 7
3.1. Legal Authorities ................................................................................................. 7
3.2. General ............................................................................................................. 11
3.3. Water Quality Control Plans, Policies and Resolutions ..................................... 14
3.4. California Environmental Quality Act................................................................. 16
3.5. State Water Board Funding Assistance for Compliance with Water Board Water Quality Orders ................................................................................................... 16
3.6. Notification to Interested Parties ....................................................................... 17
4. Prohibitions .................................................................................................................. 17
4.1 Discharge of Sewage from a Sanitary Sewer System....................................... 17
4.2. Discharge of Sewage to Waters of the State..................................................... 17
4.3. Discharge of Sewage Creating a Nuisance....................................................... 18
5. Specifications............................................................................................................... 18
5.1. Designation of a Legally Responsible Official ................................................... 18
5.2. Sewer System Management Plan Development and Implementation............... 18
5.3. Certification of Sewer System Management Plan and Plan Updates................ 19
5.4. Sewer System Management Plan Audits .......................................................... 19
5.5. Six-Year Sewer System Management Plan Update.......................................... 21
5.6. System Resilience............................................................................................. 22
5.7. Allocation of Resources .................................................................................... 22
5.8. Designation of Data Submitters......................................................................... 22
5.9. Reporting Certification....................................................................................... 22
5.10. System Capacity ............................................................................................... 23
5.11. System Performance Analysis .......................................................................... 23
5.12. Spill Emergency Response Plan and Remedial Actions ................................... 23
5.13. Notification, Monitoring, Reporting and Recordkeeping Requirements ............. 24
5.14. Electronic Sanitary Sewer System Service Area Boundary Map....................... 26
5.15. Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems ................................................................................... 26
5.16. Voluntary Notification of Spills from Privately-Owned Laterals and/or Systems to the California Office of Emergency Services ..................................................... 27
5.17. Unintended Failure to Report ............................................................................ 27
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3 5.18. Duty to Report to Water Boards ........................................................................ 27
5.19. Operation and Maintenance............................................................................... 27
6. Provisions .................................................................................................................... 27
6.1. Enforcement Provisions .................................................................................... 27
6.2. Other Regional Water Board Orders ................................................................. 30
6.3. Sewer System Management Plan Availability ................................................... 31
6.4. Entry and Inspection ......................................................................................... 31 Table of Attachments
Attachment A – Definitions .....................................................................................................A-1 Attachment B – Application for Enrollment .............................................................................B-1 Attachment C - Notice of Termination.....................................................................................C-1 Attachment D – Sewer System Management Plan – Required Elements ..............................D-1 Attachment E1 – Notification, Monitoring, Reporting and Recordkeeping Requirements .....E1-1 Attachment E2 – Summary of Notification, Monitoring and Reporting Requirements...........E2-1 Attachment F – Regional Water Quality Control Board Contact Information ..........................F-1
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
4 1. INTRODUCTION
This General Order regulates sanitary sewer systems designed to convey sewage. For the purpose of this Order, a sanitary sewer system includes, but is not limited to, pipes, valves, pump stations, manholes, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks. A sanitary sewer system includes:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.
Sewage is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.
Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other harmful pollutants.
For the purpose of this General Order, a spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Sewage and its associated wastewater spilled from a sanitary sewer system may threaten public health, beneficial uses of waters of the State, and the environment.
This General Order serves as statewide waste discharge requirements and supersedes the previous State Water Resources Control Board (State Water Board) Order 2006-0003-DWQ and amendments thereafter. All sections and attachments of this General Order are enforceable by the State Water Board and Regional Water Quality Control Boards (Regional Water Boards). Through this General Order, the State Water Board requires an Enrollee to:
• Comply with federal and state prohibitions of discharge of sewage to waters of the State, including federal waters of the United States;
• Comply with specifications, and notification, monitoring, reporting and recordkeeping requirements in this General Order that implement the federal Clean Water Act, the California Water Code (Water Code), water quality control plans (including Regional Water Board Basin Plans) and policies;
• Proactively operate and maintain resilient sanitary sewer systems to prevent spills; • Eliminate discharges of sewage to waters of the State through effective implementation of a Sewer System Management Plan;
• Monitor, track, and analyze spills for ongoing system-specific performance improvements; and
• Report noncompliance with this General Order per reporting requirements.
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ORDER 2022-0103-DWQ December 6, 2022
5 An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
o greater than one (1) mile in length (each individual sanitary sewer system); o one (1) mile or less in length where the State Water Board or a Regional Water Board requires regulatory coverage under this Order; or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Board or a Regional Water Board requires regulatory coverage under this Order in response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.
For the purpose of this Order, a sanitary sewer system includes only systems owned and/or operated by the Enrollee.
2. REGULATORY COVERAGE AND APPLICATION REQUIREMENTS
2.1. Requirements for Continuation of Existing Regulatory Coverage To continue regulatory coverage from previous Order 2006-0003-DWQ under this General Order, within the 60-days-prior-to the Effective Date of this General Order, the Legally Responsible Official of an existing Enrollee shall electronically certify the Continuation of Existing Regulatory Coverage form in the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. The Legally Responsible Official will receive an automated CIWQS-issued Notice of Applicability email, confirming continuation of regulatory coverage under this General Order. All regulatory coverage under previous Order 2006-0003-DWQ will cease on the Effective Date of this Order.
An Enrollee continuing existing regulatory coverage is not required to submit a new application package or pay an application fee for enrollment under this General Order.
The annual fee due date for continued regulatory coverage from previous Order 2006-0003-DWQ to this General Order remains unchanged.
A previous Enrollee of Order 2006-0003-DWQ that fails to certify the Continuation of Existing Regulatory Coverage form in the online CIWQS database by the Effective Date of this Order is considered a New Applicant, and will not have regulatory coverage for its sanitary sewer system(s) until:
• A new application package for system(s) enrollment is submitted per section 2.2 (Requirements for New Regulatory Coverage) below; and
• The new application package is approved per section 2.2.2 (Approval of Application Package (For New Applicants Only)).
2.2. Requirements for New Regulatory Coverage
No later than 60 days prior to commencing and/or assuming operation and maintenance responsibilities of a sanitary sewer system, a duly authorized representative that
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6 maintains legal authority over the public or private sanitary sewer system is required to enroll under this General Order by submitting a complete application package as specified below and as provided in Attachment B (Application for Enrollment Form) of this General Order.
Unless required by a Regional Water Board, a public agency that owns a combined sewer system subject to the Combined Sewer Overflow Control Policy (33 U.S. Code § 1342(q)), is not required to enroll, under this Order, the portions of its sanitary sewer system(s) that collects combined sanitary wastewater and stormwater.
2.2.1. Application Package Requirements
The Application for Enrollment package for new applicants must include the following items:
• Application for Enrollment Form. The form in Attachment B of this General Order must be completed, signed, and certified by a Legally Responsible Official, in accordance with section 5.1 (Designation of a Legally Responsible Official) of this General Order. If an electronic Application for Enrollment form is available at the time of application, a new applicant shall submit its application form electronically; and
• Application Fee. A fee payable to the “State Water Resources Control Board” in accordance with the Fee Schedule in the California Code of Regulations, Title 23, section 2200, or subsequent fee regulations updates.
The application fee for this General Order is based on the sanitary sewer system’s threat to water quality and complexity designations of category 2C or 3C, which is assigned based on the population served by the system. The current Fee Schedule for sanitary sewer systems is listed under subdivision (a)(2) at the following website:
Fee Schedule (https://www.waterboards.ca.gov/resources/fees/water_quality/).
2.2.2. Approval of Application Package (For New Applicants Only) The Deputy Director of the State Water Board, Division of Water Quality (Deputy Director) will consider approval of each complete Application for Enrollment package.
The Deputy Director will issue a Notice of Applicability letter which serves as approved regulatory coverage for the new Enrollee.
If the submitted application package is not complete in accordance with section 2.2.1 (Application Package Requirements) of this General Order, the Deputy Director will send a response letter to the applicant outlining the application deficiencies. The applicant will have 60 days from the date of the response letter to correct the application deficiencies and submit the identified items necessary to complete the application package to the State Water Board.
2.2.3. Electronic Reporting Account for New Enrollee
Within 30 days after the date of the Approval of Complete Application Package for System Enrollment, a duly authorized representative for the Enrollee shall obtain a CIWQS Sanitary Sewer System Database user account by clicking the “User Registration” button and following the directions on the CIWQS Login Page
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7 (https://ciwqs.waterboards.ca.gov). If additional assistance is needed to establish an online CIWQS user account, contact State Water Board staff by email at [email protected]. The online user account will provide the Enrollee secure access to the online CIWQS database for electronic reporting.
2.3. Regulatory Coverage Transfer
Regulatory coverage under this General Order is not transferable to any person or party except after an existing Enrollee submits a written request for a regulatory coverage transfer to the Deputy Director, at least 60 days in advance of any proposed system ownership transfer. The written request must include a written agreement between the existing Enrollee and the new Enrollee containing:
• Acknowledgement that the transfer of ownership is solely of an existing system with an existing waste discharge identification (WDID) number; • The specific ownership transfer date in which the responsibility and regulatory coverage transfer between the existing Enrollee and the new Enrollee becomes effective; and
• Acknowledgement that the existing Enrollee is liable for violations occurring up to the ownership transfer date and that the new Enrollee is liable for violations occurring on and after the ownership transfer date.
The Deputy Director will consider approval of the written request. If approved, the Deputy Director will issue a Notice of Applicability letter which serves as an approved transfer of regulatory coverage to the new Enrollee.
3. FINDINGS
3.1. Legal Authorities
3.1.1. Federal and State Regulatory Authority
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the waters of the United States (33 U.S.C. 1251). The Water Code authorizes the State Water Board to implement the Clean Water Act in the State and to protect the quality of all waters of the State (Water Code sections 13000 and 13160).
3.1.2. Discharge of Sewage
A discharge of untreated or partially treated sewage is a discharge of waste as defined in Water Code section 13050(d) that could affect the quality of waters of the State and is subject to regulation by waste discharge requirements issued pursuant to Water Code section 13263 and Chapter 9, Division 3, Title 23 of the California Code of Regulations.
A discharge of sewage may pollute and alter the quality of the waters of the State to a degree that unreasonably affects the beneficial uses of the receiving water body or facilities that serve those beneficial uses (Water Code section 13050(l)(1)).
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8 3.1.3 Water Boards Authority to Require Technical Reports, Monitoring, and Reporting Water Code sections 13267 and 13383 authorize the Regional Water Boards and the State Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. Water Code section 13267(b), authorizes the Regional Water Boards to “require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region… or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of water within its region shall furnish, under penalty of perjury, technical or monitoring reports which the regional board requires…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.” Water Code section 13267(f) authorizes the State Water Board to require this information if it consults with the Regional Water Boards and determines that it will not duplicate the efforts of the Regional Water Boards. The State Water Board has consulted with the Regional Water Boards and made this determination.
The technical and monitoring reports required by this General Order and Attachment E (Notification, Monitoring, Reporting and Recordkeeping Requirements) are necessary to evaluate and ensure compliance with this General Order. The effort to develop required technical reports will vary depending on the system size and complexity and the needs of the specific technical report. The burden and cost of these reports are reasonable and consistent with the interest of the state in protecting water quality, which is the primary purpose of requiring the reports.
Water Code section 13383(a) authorizes the Water Boards to “establish monitoring, inspection, entry, reporting, and recordkeeping requirements… for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.” Section 13383(b) continues, “the state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.”
Reporting of spills from privately owned sewer laterals and systems pursuant to section
5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) of this General Order is authorized by Water Code section 13225(c) and encouraged by the State Water Board, wherein a local agency may investigate and report on any technical factors involved in water quality control provided the burden including costs of such reports bears a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The burden of reporting private spills under section 5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) is minimal and is outweighed by the benefit of providing Regional Water Boards an opportunity to respond to these spills
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9 when an Enrollee, which in many cases has a contractual relationship with the owner of the private system, has knowledge of the spills.
3.1.4. Water Board Authority to Prescribe General Waste Discharge Requirements Water Code section 13263(i) provides that the State Water Board may prescribe general waste discharge requirements for a category of discharges if the State Water Board finds or determines that:
• The discharges are produced by the same or similar operations; • The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general waste discharge requirements than individual waste discharge requirements.
Since 2006, the State Water Board has been regulating over 1,100 publicly owned sanitary sewer systems (See section 3.1.5 (Previous Statewide General Waste Discharge Requirements) of this General Order). California also has a large unknown number of unregulated privately owned sanitary sewer systems. All waste conveyed in publicly owned and privately owned sanitary sewer systems (as defined in this General Order) is comprised of untreated or partially treated domestic waste and/or industrial waste. Generally, sanitary sewer systems are designed and operated to convey waste by gravity or under pressure; system-specific design elements and system-specific operations do not change the common nature of the waste, the common threat to public health, or the common impacts on water quality. Spills of waste from a sanitary sewer system prior to reaching the ultimate downstream treatment facility are unauthorized and enforceable by the State Water Board and/or a Regional Water Board. Therefore, spills from sanitary sewer systems are more appropriately regulated under general waste discharge requirements.
As specified in Water Code sections 13263(a) and 13241, the implementation of requirements set forth in this Order is for the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each Regional Water Board and take into account the environmental characteristics of sewer service areas and hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect water quality, costs associated with compliance with these requirements, the need for developing housing within California, and the need to protect sources of drinking water and other water supplies.
3.1.5. Previous Statewide General Waste Discharge Requirements On May 2, 2006, the State Water Board adopted Order 2006-0003-DWQ serving as Waste Discharge Requirements pursuant to Article 4, Chapter 4, Division 7 of the Water Code (commencing with section 13260) for inadvertent discharges to waters of the State. Order 2006-0003-DWQ prohibited discharges of untreated or partially treated sewage. Order 2006-0003-DWQ also required system-specific management, operation, and maintenance of publicly owned sewer systems greater than one mile in length.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
10 To decrease the impacts on human health and the environment caused by sewage spills, the previous Order required enrollees to develop a rehabilitation and replacement plan that identifies system deficiencies and prioritizes short-term and long-term rehabilitation actions. The previous Order also required enrollees to:
1. Maintain information that can be used to establish and prioritize appropriate Sewer System Management Plan activities; and
2. Implement a proactive approach to reduce spills.
The previous Order required Sewer System Management Plan elements for “the proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management.”
On July 30, 2013, the State Water Board amended General Order 2006-0003-DWQ with Order WQ 2013-0058-EXEC, Amending Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.
Many enrollees of Order 2006-0003-DWQ have already implemented proactive measures to reduce sewage spills. Other enrollees, however, still need technical assistance and funding to improve sanitary sewer system operation and maintenance for the reduction of sewage spills.
3.1.6. Existing Memorandum of Agreement with California Water Environment Association
The California Water Environment Association is a nonprofit organization dedicated to providing water industry certifications, training, and networking opportunities. The Association’s Technical Certification Program provides accredited sanitary sewer system operator certification for collection system operators and maintenance workers.
On February 10, 2016, the State Water Board entered into a collaborative agreement with the Association titled Memorandum of Agreement Between the California State Water Resources Control Board and the California Water Environment Association - Training Regarding Requirements Set Forth in Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The Memorandum sets forth collaborative training necessary for regulated sanitary sewer system personnel to operate and maintain a well operating system and ensure full compliance with statewide sewer system regulations.
On March 15, 2018, the State Water Board and the California Water Environment Association amended the existing Memorandum of Agreement to include collaborative outreach and expand training needs associated with further updates to Water Board regulations for sanitary sewer systems. The State Water Board encourages further Agreement updates as necessary to support improved sewer system operations and the professionalism of collection system operators.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
11 3.2. General
3.2.1. Waters of the State
Waters of the State include any surface water or groundwater, including saline waters, within the boundaries of the state as defined in Water Code section 13050(e), and are inclusive of waters of the United States.
3.2.2. Sanitary Sewer System Spill Threats to Public Health and Beneficial Uses Sewage contains high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. Sewage spills may cause a public nuisance, particularly when sewage is discharged to areas with high public exposure such as streets and surface waters used for drinking, irrigation, fishing, recreation, or other public consumption or contact uses.
More specifically, sanitary sewer spills may:
• Adversely affect aquatic life and/or threaten water quality when reaching receiving waters;
• Inadvertently release trash, including plastics;
• Impair the recreational use and aesthetic enjoyment of surface waters by polluting surface water or groundwater;
• Threaten public health through direct public exposure to bacteria, viruses, intestinal parasites, and other microorganisms that can cause serious illness such as gastroenteritis, hepatitis, cryptosporidiosis, and giardiasis; • Negatively impact ecological receptors and biota within surface waters; and • Cause nuisance including odors, closure of beaches and recreational areas, and property damage.
Sanitary sewer system spills may pollute receiving waters and threaten beneficial uses of surface water and groundwater. Potentially threatened beneficial uses include, but are not limited to the following (with associated acronym representations as included in statewide water quality control plans and Regional Water Boards’ Basin Plans):
• Municipal and Domestic Supply (MUN)
• Water Contact Recreation (REC-1) and Non-Contact Water Recreation (REC-2) • Cold Freshwater Habitat (COLD)
• Warm Freshwater Habitat (WARM)
• Native American Culture (CUL)
• Wildlife Habitat (WILD)
• Rare, Threatened, or Endangered Species (RARE)
• Spawning, Reproduction, and/or Early Development (SPWN) • Wetland Habitat (WET)
• Agricultural Supply (AGR)
• Estuarine Habitat (EST)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
12 • Commercial and Sport Fishing (COMM)
• Subsistence Fishing (SUB)
• Tribal Tradition and Culture (CUL)
• Tribal Subsistence Fishing (T-SUB)
• Aquaculture (AQUA)
• Marine Habitat (MAR)
• Preservation of Biological Habitats of Special Significance (BIOL) • Migration of Aquatic Organisms (MIGR)
• Shellfish Harvesting (SHELL)
• Industrial Process Supply (PROC)
• Industrial Service Supply (IND)
• Hydropower Generation (POW)
• Navigation (NAV)
• Flood Peak Attenuation/Flood Water Storage (FLD)
• Water Quality Enhancement (WQE)
• Fresh Water Replenishment (FRSH)
• Groundwater Recharge (GWR)
• Inland Saline Water Habitat (SAL)
3.2.3. Proactive Sanitary Sewer System Management to Eliminate Spill Causes Finding 3 of the previous Order, 2006-0003-DWQ, states: “Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state.
There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO [sanitary sewer overflow].
A proactive approach that requires Enrollees to ensure a system-wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs.”
Many spills are preventable through proactive attention on sanitary sewer system management using the best practices and technologies available to address major causes of spills, including but not limited to:
• Blockages from sources including but not limited to:
o Fats, oils and grease;
o Tree roots;
o Rags, wipes and other paper, cloth and plastic products; and o Sediment and debris.
• Sewer system damage and exceedance of sewer system hydraulic capacity from identified system-specific environmental, and climate-change impacts, including but not limited to:
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
13 o Sea level rise impacts including flooding, coastal erosion, seawater intrusion, tidal inundation and submerged lands;
o Increased surface water flows due to higher intensity rain events; o Flooding;
o Wildfires and wildfire induced impacts;
o Earthquake induced damage;
o Landslides; and
o Subsidence.
• Infrastructure deficiencies and failures, including but not limited to:
o Pump station mechanical failures;
o System age;
o Construction material failures;
o Manhole cover failures;
o Structural failures; and
o Lack of proper operation and maintenance.
• Insufficient system capacity (temporary or sustained), due to factors including but not limited to:
o Excessive and/or increased storm or groundwater inflow/infiltration; o Insufficient capacity due to population increase and/or new connections from industrial, commercial and other system users; and
o Stormwater capture projects utilizing a sanitary sewer system to convey stormwater to treatment facilities for reuse.
• Community impacts, including but not limited to:
o Power outages;
o Vandalism; and
o Contractor-caused or other third party-caused damages.
3.2.4. Underground Sanitary Sewer System Leakage
Portions of some sanitary sewer systems may leak, causing underground exfiltration (exiting) of sewage from the system. Exfiltrated sewage that remains in the underground infrastructure trench and/or the soil matrix, and that does not discharge into waters of the State (surface water or groundwater) may not threaten beneficial uses.
Underground exfiltrated sewage may threaten beneficial uses if discharged to waters of the State. Exfiltrated sewage that discharges to groundwater may impact beneficial uses of groundwater and pollute groundwater supply. Additionally, if in close proximity, exfiltrated sewage may enter into a compromised underground drainage conveyance system that discharges into a water of the United States, or into groundwater that is hydrologically connected to (feeds into) a water of the United States, thus potentially causing: (1) a Clean Water Act violation, (2) threat and impact to beneficial uses, and/or (3) surface water pollution.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
14 3.2.5. Proactive Sanitary Sewer System Management to Reduce Inflow and Infiltration Excessive inflow (stormwater entering) and infiltration (groundwater seepage entering) to sanitary sewer systems is preventable through proactive sewer system management using the best practices and technologies available. The efficiency of the downstream wastewater treatment processes is dependent on the performance of the sanitary sewer system. When the structural integrity of a sanitary sewer system deteriorates, high volumes of inflow and infiltration can enter the sewer system. High levels of inflow and infiltration increase the hydraulic load on the downstream treatment plant, which can reduce treatment efficiency, lead to bypassing a portion of the treatment process, cause illegal discharge of partially treated effluent, or in extreme situations make biological treatment facilities inoperable (e.g., wash out the biological organisms that treat the waste).
3.3. Water Quality Control Plans, Policies and Resolutions The nine Regional Water Boards have adopted region-specific water quality control plans (commonly referred to as Basin Plans) that designate beneficial uses, establish water quality objectives, and contain implementation programs and policies to achieve those objectives. The State Water Board has adopted statewide water quality control plans, policies and resolutions establishing statewide water quality objectives, implementation programs and initiatives.
3.3.1. State Water Board Antidegradation Policy
On October 28, 1968, the State Water Board adopted Resolution 68-16, titled Statement of Policy with Respect to Maintaining High Quality of Waters in California, which incorporates the federal antidegradation policy. Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings.
The continued prohibition of sewage discharges from sanitary sewer systems into waters of the State aligns with Resolution 68-16. A sewage discharge from sanitary sewers to waters of the State is prohibited by this Order. Therefore, this Order does not allow degradation of waters of the State. In addition, this Order: (1) further expands the existing prohibition of sewage discharges to include waters of the State, in addition to waters of the United States as provided in previous Order 2006-0003-DWQ, and (2) enhances the ability for Water Board enforcement of violations of the established prohibitions.
3.3.2. State Water Board Sources of Drinking Water Policy On May 19,1988, the State Water Board adopted Resolution 88-63 (amended on February 1, 2006), titled Sources of Drinking Water, establishing state policy that all waters of the State, with certain exceptions, are suitable or potentially suitable for municipal or domestic supply.
3.3.3. State Water Board Cost of Compliance Resolution
On September 24, 2013, the State Water Board adopted Resolution 2013-0029, titled Directing Actions in Response to Efforts by Stakeholders on Reducing Costs of
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
15 Compliance While Maintaining Water Quality Protection. Through this resolution, the State Water Board committed to continued stakeholder engagement in identifying and implementing measures to reduce costs of compliance with regulatory orders while maintaining water quality protection and improving regulatory program outcomes.
3.3.4. State Water Board Human Right to Water Resolution On February 16, 2016, the State Water Board adopted Resolution 2016-0010, titled Adopting the Human Right to Water as a Core Value and Directing its Implementation in Water Board Programs and Activities, addressing the human right to water as a core value and directing Water Board programs to implement requirements to support safe drinking water for all Californians.
On November 16, 2021, the State Water Board adopted Resolution 2021-0050 titled Condemning Racism, Xenophobia, Bigotry, and Racial Injustice, and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-racism. Among other actions, through Resolution 2021-0050, the State Water Board, in summary as corresponding to this General Order, reaffirms its commitment to its Human Right to Water resolution, upholding that every human being in California deserves safe, clean, affordable, and accessible water for human consumption, cooking, and sanitation purposes. Resolution 2021-0050 provides the State Water Board commitment to:
• Protect public health and beneficial uses of waterbodies in all communities, including communities disproportionately burdened by wastes discharge of waste to land and surface water;
• Restore impaired surface waterbodies and degraded aquifers; and • Promote multi-benefit water quality projects.
Through Resolution 2021-0050, the State Water Board also commits to expanding implementation of its Climate Change Resolution to address the disproportionate effects of extreme hydrologic conditions and sea-level rise on Black, Indigenous, and people of color communities, prioritizing:
• The right to safe, clean, affordable, and accessible drinking water and sanitation; • Sustainable management and protection of local groundwater resources; • Healthy watersheds; and
• Access to surface waterbodies that support subsistence fishing.
On June 7, 2022, the State Water Board adopted a Resolution, titled Authorizing the Executive Director or Designee to Enter into One or More Multi-Year Contracts Up to a Combined Sum of $4,000,000 for a Statewide Wastewater Needs Assessment, supporting the equitable access to sanitation for all Californians and implementation of Resolutions 2016-0010 and 2021-0050.
This General Order supports the State Water Board priority in collecting a comprehensive set of data for California’s wastewater systems, including sanitary sewer systems. Data reported per the requirements of this Order will be used with data from other Water Boards’ programs, to further develop criteria and create a statewide risk
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
16 framework to prioritize critical funding and infrastructure investments for California’s most vulnerable populations, including disadvantaged or severely disadvantaged communities with inadequate or failing sanitation systems and threatened access to healthy drinking water supplies.
3.3.5. State Water Board Open Data Resolution
On July 10, 2018, the State Water Board adopted Resolution 2018-0032, titled Adopting Principles of Open Data as a Core Value and Directing Programs and Activities to Implement Strategic Actions to Improve Data Accessibility and Associated Innovation, directing regulatory programs to assure all monitoring and reporting requirements support the State Water Boards’ Open Data Initiative.
3.3.6. State Water Board Response to Climate Change
On March 7, 2017, the State Water Board adopted Resolution 2017-0012, titled Comprehensive Response to Climate Change, requiring a proactive response to climate change in all California Water Board actions, with the intent to embed climate change consideration into all programs and activities.
3.4. California Environmental Quality Act
The adoption of this Order is an action to reissue general waste discharge requirements that is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment (Cal. Code Regs., Title 14, section 15308). In addition, the action to adopt this Order is exempt from CEQA pursuant to Cal. Code Regs., Title 14, section 15301, to the extent that it applies to existing sanitary sewer collection systems that constitute “existing facilities” as that term is used in sections 15301 and 15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity.
3.5. State Water Board Funding Assistance for Compliance with Water Board Water Quality Orders
The State Water Board, Division of Financial Assistance administers the implementation of the State Water Board financial assistance programs, per Board-adopted funding policies. Among other funding areas, the Division administers loan and grant funding for the planning and construction of wastewater and water recycling facilities per funding program-specific policies and guidelines. Applicants may apply for Clean Water State Revolving Fund low-interest loan, Small Community Wastewater grant funding assistance, and other funding available at the time of application, for some of the costs associated with complying with this General Order.
Funding applicants may obtain further information regarding current funding opportunities, and Division of Financial Assistance staff contact information at the following website: Financial Assistance Funding - Grants and Loans | California State Water Resources Control Board.
(https://www.waterboards.ca.gov/water_issues/programs/grants_loans/)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
17 Section 13477.6 of the Water Code authorizes the Small Community Grant Fund.
The Small Community Grant Fund allows the State Water Board to provide grant funding assistance to small, disadvantaged communities and small severely disadvantaged communities that may not otherwise be able to afford a loan or similar financing for projects to comply with requirements of this General Order. The State Water Board also considers loan forgiveness on a disadvantaged community-specific basis.
For disadvantaged communities’ wastewater needs, the State Water Board places priority on the funding of projects that address:
• Public health;
• Violations of waste discharge requirements and National Pollutant Discharge Elimination System (NPDES) permits;
• Providing sewer system service to existing septic tank owners; and • High priority public health and water quality concerns identified by a Regional Water Board.
3.6. Notification to Interested Parties
On January 31, 2022, the State Water Board notified interested parties and persons of its intent to reissue Sanitary Sewer Systems General Order 2006-0003-DWQ by issuing a draft General Order for a 60-day public comment period. State Water Board staff conducted extensive stakeholder outreach and encouraged public participation in the adoption process for this General Order. On March 15, 2022, the State Water Board held a public meeting to hear and consider oral public comments. The State Water Board considered all public comments prior to adopting this General Order.
THEREFORE, IT IS HEREBY ORDERED, that pursuant to Water Code sections 13263, 13267, and 13383 this General Order supersedes Order 2006-0003-DWQ, Order WQ 2013-0058-EXEC, and any amendments made to these Orders thereafter, except for enforcement purposes and to meet the provisions contained in Division 7 of the Water Code (commencing with section 13000) and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, the Enrollee shall comply with the requirements in this Order.
4. PROHIBITIONS
4.1 Discharge of Sewage from a Sanitary Sewer System
Any discharge from a sanitary sewer system that has the potential to discharge to surface waters of the State is prohibited unless it is promptly cleaned up and reported as required in this General Order.
4.2. Discharge of Sewage to Waters of the State
Any discharge from a sanitary sewer system, discharged directly or indirectly through a drainage conveyance system or other route, to waters of the State is prohibited.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
18 4.3. Discharge of Sewage Creating a Nuisance
Any discharge from a sanitary sewer system that creates a nuisance or condition of pollution as defined in Water Code section 13050(m) is prohibited.
5. SPECIFICATIONS
5.1. Designation of a Legally Responsible Official
The Enrollee shall designate a Legally Responsible Official that has authority to ensure the enrolled sanitary sewer system(s) complies with this Order, and is authorized to serve as a duly authorized representative. The Legally Responsible Official must have responsibility over management of the Enrollee’s entire sanitary sewer system, and must be authorized to make managerial decisions that govern the operation of the sanitary sewer system, including having the explicit or implicit duty of making major capital improvement recommendations to ensure long-term environmental compliance.
The Legally Responsible Official must have or have direct authority over individuals that:
• Possess a recognized degree or certificate related to operations and maintenance of sanitary sewer systems, and/or
• Have professional training and experience related to the management of sanitary sewer systems, demonstrated through extensive knowledge, training and experience.
For example, a sewer system superintendent or manager, an operations manager, a public utilities manager or director, or a district engineer may be designated as a Legally Responsible Official.
The Legally Responsible Official shall complete the electronic CIWQS “User Registration” form (https://ciwqs.waterboards.ca.gov/ciwqs/newUser.jsp). A Legally Responsible Official that represents multiple enrolled systems shall complete the electronic CIWQS “User Registration” form for each system.
The Enrollee shall submit any change to its Legally Responsible Official, and/or change in contact information, to the State Water Board within 30 calendar days of the change by emailing [email protected] and copying the appropriate Regional Water Board as provided in Attachment F (Regional Water Quality Control Board Contact Information) of this General Order.
5.2. Sewer System Management Plan Development and Implementation To facilitate adequate local funding and management of its sanitary sewer system(s), the Enrollee shall develop and implement an updated Sewer System Management Plan.
The scale and complexity of the Sewer System Management Plan, and specific elements of the Plan, must match the size, scale and complexity of the Enrollee’s sanitary sewer system(s). The Sewer System Management Plan must address, at minimum, the required Plan elements in Attachment D (Sewer System Management Plan – Required Elements) of this General Order. To be effective, the Sewer System Management Plan must include procedures for the management, operation, and maintenance of the sanitary sewer system(s). The procedures must: (1) incorporate the
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
19 prioritization of system repairs and maintenance to proactively prevent spills, and (2) address the implementation of current standard industry practices through available equipment, technologies, and strategies.
For an existing Enrollee under Order 2006-0003-DWQ that has certified its Continuation of Existing Regulatory Coverage, per section 2.1 (Requirements for Continuation of Existing Regulatory Coverage) of this General Order:
Within six (6) months of the Adoption Date of this General Order:
• The Legally Responsible Official shall upload the Enrollee’s existing Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database.
For a new Enrollee:
Within twelve (12) months of the Application for Enrollment approval date:
• The governing entity of the new Enrollee shall approve its Sewer System Management Plan; and
• The Legally Responsible Official shall certify and upload its Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database.
5.3. Certification of Sewer System Management Plan and Plan Updates The Legally Responsible Official shall certify and upload its Sewer System Management Plan and all subsequent updates to the online CIWQS Sanitary Sewer System Database.
5.4. Sewer System Management Plan Audits
The Enrollee shall conduct an internal audit of its Sewer System Management Plan, and implementation of its Plan, at a minimum frequency of once every three years. The audit must be conducted for the period after the end of the Enrollee’s last required audit period. Within six months after the end of the required 3-year audit period, the Legally Responsible Official shall submit an audit report into the online CIWQS Sanitary Sewer System Database per the requirements in section 3.10 (Sewer System Management Plan Audit Reporting Requirements) of Attachment E1 of this General Order.
Audit reports submitted to the CIWQS Sanitary Sewer System Database will be viewable only to Water Boards staff.
The internal audit shall be appropriately scaled to the size of the system(s) and the number of spills. The Enrollee’s sewer system operators must be involved in completing the audit. At minimum, the audit must:
• Evaluate the implementation and effectiveness of the Enrollee’s Sewer System Management Plan in preventing spills;
• Evaluate the Enrollee’s compliance with this General Order; • Identify Sewer System Management Plan deficiencies in addressing ongoing spills and discharges to waters of the State; and
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
20 • Identify necessary modifications to the Sewer System Management Plan to correct deficiencies.
The Enrollee shall submit a complete audit report that includes:
• Audit findings and recommended corrective actions;
• A statement that sewer system operators’ input on the audit findings has been considered; and
• A proposed schedule for the Enrollee to address the identified deficiencies.
A new Enrollee of this General Order (that did not have a sanitary sewer system enrolled in the previous State Water Board Order 2006-0003-DWQ) shall conduct its first internal Sewer System Management Plan audit for the time period between the date of submittal of its certified Sewer System Management Plan and the third subsequent December 31st date. The audit report must be submitted into the online CIWQS Sanitary Sewer System Database by July 1 of the following calendar year.
See the following tables for clarification:
Initial Audit Period and Audit Due Date for New Enrollees Audit Period Audit Due Date
New Enrollee
Certified Sewer System Management
Plan Submittal Date
through
the third subsequent December 31
st date
July 1
st date after
audit period
Example
Certified Sewer System Management
Plan Submittal Date of August 2, 2025
Audit Period of August 2, 2025 through
December 31, 2027
July 1, 2028
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
21 Initial Audit Period for Transition from 2-Year Audit Required in Previous Order 2006-0003-DWQ to 3-Year Audit Required in this General Order Audit Period Audit Due Date
An Enrollee
previously
regulated by Order
2006-003-DWQ
A 3-year period starting from the end of
last required 2-year Audit Period
Within six months
after end of 3-year
Audit Period
Example
Last required Audit Period start date of
August 2, 2021;
Audit Period of August 2, 2021 through
August 1, 2024
February 1, 2025
Three-Year Ongoing Audit Period
Audit Period Audit Due Date
Each Enrollee A 3-year period starting from the end of
last required Audit Period
Within six months
after end of 3-year
Audit Period
5.5. Six-Year Sewer System Management Plan Update
At a minimum, the Enrollee shall update its Sewer System Management Plan every six (6) years after the date of its last Plan Update due date. (For an Enrollee previously regulated by Order 2006-0003-DWQ, the six-year period shall commence on the due date identified in section 3.11 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this Order. The Updated Sewer System Management Plan must include:
• Elements required in Attachment D (Sewer System Management Plan – Required Elements) of this Order;
• Summary of revisions included in the Plan update based on internal audit findings; and
• Other sewer system management-related changes.
The Enrollee’s governing entity shall approve the updated Plan. The Legally Responsible Official shall upload and certify the approved updated Plan in the online CIWQS Sanitary Sewer System Database in accordance with section 3.11 (Sewer System Management Plan Reporting Requirements) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order. During the time period in between Plan updates, the Enrollee shall continuously document changes to its Sewer System Management Plan in a change log attached to the Plan.
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22 5.6. System Resilience
The Enrollee shall include and implement system-specific procedures in its Sewer System Management Plan to proactively prioritize: (1) operation and maintenance, (2) condition assessments, and (3) repair and rehabilitation, to address ongoing system resilience, as specified in Attachment D (Sewer System Management Plan – Required Elements) of this General Order.
5.7. Allocation of Resources
The Enrollee shall:
• Establish and maintain a means to manage all necessary revenues and expenditures related to the sanitary sewer system; and
• Allocate the necessary resources to its sewer system management program for:
o Compliance with this General Order,
o Full implementation of its updated Sewer System Management Plan, o System operation, maintenance, and repair, and
o Spill responses.
5.8. Designation of Data Submitters
The Legally Responsible Official may designate one or more individuals as a Data Submitter for reporting of spill data. The Legally Responsible Official shall authorize the designation of Data Submitter(s) through the online CIWQS database (https://ciwqs.waterboards.ca.gov) prior to the individuals establishing a CIWQS user account (https://ciwqs.waterboards.ca.gov/ciwqs/newUser.jsp) and entering spill data into the online CIWQS Sanitary Sewer System Database.
The Legally Responsible Official shall submit any change to its Data Submitter(s), and/or change in Data Submitter contact information, to the State Water Board within 30 calendar days of the change, by emailing [email protected] and copying the appropriate Regional Water Board as provided in Attachment F (Regional Water Quality Control Board Contact Information) of this General Order.
5.9. Reporting Certification
The Legally Responsible Official shall electronically certify, on the Enrollee’s behalf, all applications, reports, the Sewer System Management Plan(s) and corresponding updates, and other information submitted electronically into the online CIWQS Sanitary Sewer System Database, as follows:
“I certify under penalty of perjury under the laws of the State of California that the electronically submitted information was prepared under my direction or supervision.
Based on my inquiry of the person(s) directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete, and complies with the Statewide Sanitary Sewer Systems General Order.
I am aware that there are significant penalties for submitting false information.”
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23 Hardcopy submittals to the State Water Board must be accompanied by the above certification statement.
5.10. System Capacity
The Enrollee shall maintain the system capacity necessary to convey: (1) base flows during dry weather conditions, and (2) wet weather peak flows consistent with designated local historic storms. Design storms must take into account system-specific stormwater contributions via inflow and infiltration, and location-specific depth of groundwater and storm frequencies. The Enrollee shall implement capital improvements to provide adequate hydraulic capacity to:
• Meet or exceed the design criteria as defined in the Enrollee’s System Evaluation and Capacity Assurance element of its Sewer System Management Plan; and • Prevent system capacity-related spills, and adverse impacts to the treatment efficiency of downstream wastewater treatment facilities.
5.11. System Performance Analysis
The Enrollee shall include a running 10-year system performance analysis in its Annual Report. The analysis must include two CIWQS-generated graphs presenting the following information:
Graph 1 – Total Spill Volume per Year:
X axis: A 10-year period which includes the current calendar year and the nine previous calendar years;
Y axis: The total spill volume, per Spill Category, for each calendar year.
Graph 2 – Total Number of Spills per Year:
X axis: A 10-year period which includes the current calendar year and the nine previous calendar years;
Y axis: The total number of spills, per Spill Category, for each calendar year.
The current calendar year is the calendar year covered in the Annual Report.
The Enrollee shall generate the graphs in CIWQS, using the existing data in the online CIWQS Sanitary Sewer System Database at the following graph generation link:
(https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/PublicReportSSOServlet?reportActio n=criteria&reportId=sso_operation_report).
5.12. Spill Emergency Response Plan and Remedial Actions For Existing Enrollees (with regulatory coverage under Order 2006-0003-DWQ):
Within six (6) months of the Adoption Date of this General Order, the Enrollee shall update and implement its Spill Emergency Response Plan, per Attachment D, section 6 (Spill Emergency Response Plan) of this General Order.
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24 For New Enrollees:
Within six (6) months of the Application for Enrollment approval date, the Enrollee shall develop and implement a Spill Emergency Response Plan, per Attachment D, section 6 (Spill Emergency Response Plan) of this General Order.
The Enrollee shall certify, in its Annual Report, that its Spill Emergency Response Plan is up to date.
The Spill Emergency Response Plan shall include measures to protect public health and the environment. The Enrollee shall respond to spills from its system(s) in a timely manner that minimizes water quality impacts and nuisance by:
• Immediately stopping the spill and preventing/minimizing a discharge to waters of the State;
• Intercepting sewage flows to prevent/minimize spill volume discharged into waters of the State;
• Thoroughly recovering, cleaning up and disposing of sewage and wash down water; and
• Cleaning publicly accessible areas while preventing toxic discharges to waters of the State.
5.13. Notification, Monitoring, Reporting and Recordkeeping Requirements The Enrollee shall comply with notification, monitoring, reporting, and recordkeeping requirements in Attachment E1 of this General Order.
5.13.1. Spill Categories
Individual spill notification, monitoring and reporting must be in accordance with the following spill categories:
• Category 1 Spill
A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under this General Order that results in a discharge to:
o A surface water, including a surface water body that contains no flow or volume of water; or
o A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.
Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
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25 A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the Enrollee shall report all Category 1 spills per section
3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
• Category 2 Spill
A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill. • Category 3 Spill
A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill.
• Category 4 Spill
A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.
5.13.2. Annual Report
The Enrollee shall submit an Annual Report (previously termed as Collection System Questionnaire in Order 2006-0003-DWQ) as specified in section 3.9 (Annual Report) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
For new Enrollees: Within 30 days of obtaining a CIWQS account, a new Enrollee shall submit its initial Annual Report, as specified in section 3.9 (Annual Report) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
26 5.14. Electronic Sanitary Sewer System Service Area Boundary Map For continuing enrollees, starting on July 1, 2025, and no later than December 31, 2025:
For new enrollees – no earlier than July 1, 2025, or within 12 months of the Application for Enrollment approval date, whichever date is later:
The Legally Responsible Official shall submit, to the State Water Board, geospatial data detailing the locations of the Enrollee’s sanitary sewer system service area boundary, per the required content and specifications in section 3.8 (Electronic Sanitary Sewer System Service Area Boundary Map) of Attachment E1 of this General Order, for each system identified by a WDID number.
An Enrollee of a disadvantaged community that may need assistance developing an electronic map to comply with this requirement, may contact State Water Board staff for assistance at [email protected].
5.15. Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems
Within 24 hours of becoming aware of a spill (as described below) from a private sewer lateral or private sanitary sewer system that is not owned/operated by the Enrollee, the Enrollee is encouraged to report the following observations to the online CIWQS Sanitary Sewer System Database at the following link:
https://ciwqs.waterboards.ca.gov:
• A spill equal or greater than 1,000 gallons that discharges (or has a potential to discharge) to a water of the State, or a drainage conveyance system that discharges to waters of the State; or
• Any volume of sewage that discharges (or has a potential to discharge) to surface waters.
In the CIWQS module, the Enrollee is encouraged to identify:
• Time of observation;
• Description of general spill location (for example, street name and cross street names);
• Estimated volume of spill;
• If known, general description of spill destination (for example, flowing into drainage channel, flowing directly into a creek, etc.); and
• If known, name of private system owner/operator.
The CIWQS database will make the name and contact information of the entity voluntarily reporting a private spill, accessible to State and Regional Water Board staff only. The CIWQS database will only make information regarding the actual spill, accessible to the public.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
27 5.16. Voluntary Notification of Spills from Privately-Owned Laterals and/or Systems to the California Office of Emergency Services
Upon observing or acquiring knowledge of any of the following from a private sewer lateral or private sanitary sewer system that is not owned/operated by the Enrollee, the Enrollee is encouraged to notify the California Office of Emergency Services (as provided by Health and Safety Code section 5410 et. seq. and Water Code section 13271), or inform the responsible party that State law requires such notification to the Office of Emergency Services by any person that causes or allows a sewage discharge to waters of the State:
• A spill equal to 1,000 gallons or more that discharges (or has a potential to discharge) to waters of the State, or a drainage conveyance system that discharges to waters of the State; or
• A spill of any volume to surface waters.
5.17. Unintended Failure to Report
If an Enrollee becomes aware that they unintentionally failed to submit relevant facts in any report required in this General Order, the Enrollee shall promptly notify Regional Water Board and State Water Board staff. Regional Water Board contact information is included in Attachment F of this Order. State Water Board staff shall be contacted by email at [email protected] for assistance in formally amending the corresponding report(s) in the online CIWQS Sanitary Sewer System Database.
5.18. Duty to Report to Water Boards
In accordance with Water Code section 13267 and/or section 13383, upon request by the State Water Board Executive Director (or designee) or a Regional Water Board Executive Officer (or designee), the Enrollee shall provide the requested information which the State or Regional Water Board deems necessary to determine compliance with this General Order.
5.19. Operation and Maintenance
To prevent discharges to the environment, the Enrollee shall maintain in good working order, and operate as designed, any facility or treatment and control system designed to contain sewage and convey it to a treatment plant.
6. PROVISIONS
6.1. Enforcement Provisions
The following enforcement provisions are based on existing federal and state regulations, laws and policies, including the federal Clean Water Act, the state Water Code and the State Water Board Enforcement Policy.
6.1.1. Enforceability of Clean Water Act and Water Code Violations Noncompliance with requirements of this General Order or discharging sewage without enrolling in this General Order constitutes a violation of the Water Code and a potential
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
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28 violation of the Clean Water Act and is grounds for an enforcement action by the State Water Board or the applicable Regional Water Board. Failure to comply with the notification, monitoring, inspection, entry, reporting, and recordkeeping requirements may subject the Enrollee to administrative civil liabilities of up to $10,000 a day per violation pursuant to Water Code section 13385; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement. Discharging waste not in compliance with the requirements of this General Order or the Clean Water Act may subject the Enrollee to administrative civil liabilities up to $10,000 a day per violation and additional liability up to $10 per gallon of discharge not cleaned up after the first 1,000 gallons of discharge; up to $5,000 a day per violation pursuant to Water Code section 13350 or up to $20 per gallon of waste discharged; or referral to the Attorney General for judicial civil enforcement.
6.1.2. Monetary Penalties
The Water Code provides the State and Regional Water Boards the authority to pursue formal enforcement actions, including imposing administrative liability and civil monetary penalties, for non-compliance with the requirements of this General Order and violations of the Clean Water Act.
6.1.3. Falsifying or Failure to Report
The Water Code provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this General Order, or falsifying any information provided in the technical or monitoring reports is subject to administrative liability and civil monetary penalties. Any person who knowingly fails or refuses to furnish technical or monitoring program reports or falsifies any information provided in reports required by this General Order is subject to criminal penalties.
6.1.4. Severability of General Order
The provisions of this General Order are severable; if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this Order shall not be affected thereby.
6.1.5. Indirect Discharges
In the event that a spill enters into a drainage conveyance system, the Enrollee shall take all feasible steps to prevent discharge of sewage into waters of the State by blocking or redirecting the flow in the drainage conveyance system, removing the sewage from the drainage conveyance system, and cleaning the system in a manner that does not inadvertently impact beneficial uses of the receiving water body.
6.1.6. Water Boards’ Considerations for Discretionary Enforcement Consistent with the State Water Board Enforcement Policy, when considering Water Code section 13327 factors, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts to contain, control, clean up, and mitigate spills. In assessing the factors, the State Water Board or the applicable Regional Water Board will consider:
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
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29 • The Enrollee’s compliance with this General Order with a focus on compliance with reporting requirements;
• The Enrollee’s provision of adequate funding to implement the requirements of this General Order;
• The Enrollee’s compliance with providing a complete and updated Sewer System Management Plan;
• The Enrollee’s compliance with implementing its Sewer System Management Plan; • The overall effectiveness of the Enrollee’s Sewer System Management Plan with respect to:
o System management, operation, and maintenance,
o Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent spills (e.g. adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow, etc.),
o Preventive maintenance (including cleaning, root grinding, and fats, oils, and grease control) and source control measures,
o Implementation of backup equipment,
o Inflow and infiltration prevention and control,
o Appropriate sanitary sewer system capacity to prevent spills, and o The Enrollee’s responsiveness to stop and mitigate the impact of the discharge; • The Enrollee’s compliance with identifying the cause of the spill; • The Enrollee’s use of available information and observations to accurately estimate the spill volume and identify the affected or potentially affected receiving waters; • The Enrollee’s thoroughness of cleaning up sewage in drainage conveyance systems after the spill(s);
• The Enrollee’s use of water quality and biological monitoring and assessment to determine the short-term and long-term impacts to beneficial uses and the environment;
• The Enrollee’s follow up actions to improve system performance; • The Enrollee’s implementation of feasible alternatives to prevent spills, such as:
o Use of temporary storage or waste retention,
o Reduction of system inflow and infiltration,
o Collection and hauling of waste to a treatment facility, o Prevention of and/ or containment of spills due to a design storm event identified in the Enrollee’s Sewer System Management Plan,
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
30 o Implementation of available equipment, technologies, strategies, and recommended industry practices for maintaining and managing sewer systems to prevent spills, and contain and eliminate discharges to waters of the State; and • The spill duration and factors beyond the reasonable control of the Enrollee causing the event.
6.1.7. Enforcement Discretion Based on Reporting Compliance Consistent with the State Water Board Enforcement Policy, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts to comply with spill reporting requirements when determining compliance with Water Code section 13267 and section 13383. When assessing Water Code section 13227 factors, the State Water Board or the applicable Regional Water Board will consider:
• The Enrollee’s diligence to comply with all reporting requirements in this General Order;
• The use of best available information for the Enrollee’s reporting of spill start date and start time in which the release of sewage from the sanitary sewer system initiated;
• The Enrollee’s reporting of spill end date, and end time to be the date and time in which the release of sewage from the sanitary sewer system was stopped; • The Enrollee’s diligence to accurately estimate and report spill volumes; • The Enrollee’s subsequent verification and/or updates to initial Draft Spill Reports in accordance with this General Order; and
• The Enrollee’s timely certification of required spill reports.
Consistent with Water Code section 13267 and section 13383, the State Water Board or a Regional Water Board may require an Enrollee to report the results of a condition assessment of a specified portion of the Enrollee’s sanitary sewer system.
6.2. Other Regional Water Board Orders
It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with federal and state regulations. This Order will not be interpreted or applied:
• In a manner inconsistent with the federal Clean Water Act; • To authorize a spill or discharge that is illegal under either the Clean Water Act, the Water Code, and/or an applicable Basin Plan prohibition or water quality standard; • To prohibit a Regional Water Board from issuing an individual National Pollutant Discharge Elimination System (NPDES) permit or individual waste discharge requirements superseding an Enrollee’s regulatory coverage under this General Order for a sanitary sewer system authorized under the Clean Water Act or Water Code;
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
31 • To supersede any more specific or more stringent waste discharge requirements or enforcement orders issued by a Regional Water Board; or • To supersede any more specific or more stringent state or federal requirements in existing regulation, an administrative/judicial order, or Consent Decree.
6.3. Sewer System Management Plan Availability
The Enrollee’s updated Sewer System Management Plan must be maintained for public inspection at the Enrollee’s offices and facilities and must be available to the public through CIWQS and/or on the Enrollee’s website, in accordance with section 3.8 (Sewer System Management Plan Reporting Requirements) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
6.4. Entry and Inspection
6.4.1. Entry and Availability of Information
The Enrollee shall allow State and Regional Water Board staff, upon presentation of credentials and other documents as may be required by law, to:
• Enter upon the Enrollee’s premises where a regulated facility or activity is located or conducted, or where records are kept under the requirements of this General Order; • Have access to and reproduce any records required to be maintained by this General Order;
• Inspect any facility and/or equipment (including monitoring and control equipment), practices, or operations required in this General Order; and • Sample or monitor substances or parameters for assuring compliance with this General Order, or as otherwise authorized by the Water Code.
6.4.2. Pre-Inspection Questionnaire
The Enrollee shall provide pre-inspection information to State and Regional Water Board staff through the completion of a Pre-Inspection Questionnaire provided by Water Board staff.
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ATTACHMENT A - DEFINITIONS
Annual Report
An Annual Report (previously termed as Collection System Questionnaire in Order 2006-0003-DWQ) is a mandatory report in which the Enrollee provides a calendar-year update of its efforts to prevent spills.
Basin Plan
A Basin Plan is a water quality control plan specific to a Regional Water Quality Control Board (Regional Water Board), that serves as regulations to: (1) define and designate beneficial uses of surface and groundwaters, (2) establish water quality objectives for protection of beneficial uses, and (3) provide implementation measures.
Beneficial Uses
The term “Beneficial Uses” is a Water Code term, defined as the uses of the waters of the State that may be protected against water quality degradation. Examples of beneficial uses include but are not limited to, municipal, domestic, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.
California Integrated Water Quality System (CIWQS)
CIWQS is the statewide database that provides for mandatory electronic reporting as required in State and Regional Water Board-issued waste discharge requirements.
Data Submitter
A Data Submitter is an individual designated and authorized by the Enrollee’s Legally Responsible Official to enter spill data into the online CIWQS Sanitary Sewer System Database. A Data Submitter does not have the authority of a Legally Responsible Official to certify reporting entered into the online CIWQS Sanitary Sewer System Database.
Disadvantaged Community
A disadvantaged community is a community with a median household income of less than eighty percent (80%) of the statewide annual median household income.
For the purpose of this General Order, there is no differentiation between a small and large disadvantaged community.
Drainage Conveyance System
A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.
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Enrollee
An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
• greater than one (1) mile in length (each individual sanitary sewer system); • one mile or less in length where the State Water Resources Control Board or a Regional Water Quality Control Board requires regulatory coverage under this Order, or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Resources Control Board or a Regional Water Quality Control Board requires regulatory coverage under this Order in response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.
Environmentally Sensitive Area
An environmentally sensitive area is a designated agricultural and/or wildlife area identified to need special natural landscape protection due to its wildlife or historical value.
Exfiltration
Exfiltration is the underground exiting of sewage from a sanitary sewer system through cracks, offset or separated joints, or failed infrastructure due to corrosion or other factors.
Flood Control Channel
A flood control channel is a channel used to convey stormwater and non-stormwater flows through and from areas for flood management purposes.
Governing Entity
A governing entity includes but is not limited to the following:
• A publicly elected governing board, council, or commission of a municipal agency; • A Department or Division director of a federal or state agency that is not governed by a board;
• A governing board or commission of an organization or association; and • A private system owner/manager that is not governed by a board.
Hydrologically Connected
Two waterbodies are hydrologically connected when one waterbody flows, or has the potential to flow, into the other waterbody. For the purpose of this General Order, groundwater is hydrologically connected to a surface water when the
groundwater feeds into the surface water. (The surface
waterbody in this example is termed a gaining stream as it gains flow from surrounding groundwater.)
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Lateral (including Lower and Upper Lateral)
A lateral is an underground segment of smaller diameter pipe that transports sewage from a customer’s building or property (residential, commercial, or industrial) to the Enrollee’s main sewer line in a street or easement. Upper and lower lateral boundary definitions are subject to local jurisdictional codes and ordinances, or private system ownership.
A lower lateral is the portion of the lateral located between the sanitary sewer system main, and either the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations.
An upper lateral is the portion of the lateral from the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations, to the building or property.
Legally Responsible Official
A Legally Responsible Official is an official representative, designated by the Enrollee, with authority to sign and certify submitted information and documents required by this General Order.
Nuisance
For the purpose of this General Order, a nuisance, as defined in Water Code section 13050(m), is anything that meets all of the following requirements:
• Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; • Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and
• Occurs during, or as a result of, the treatment or disposal of wastes.
Private Sewer Lateral
A private sewer lateral is the privately-owned lateral that transports sewage from private property(ies) into a sanitary sewer system.
Private Sanitary Sewer System
A private sanitary sewer system is a sanitary sewer system of any size that is owned and/or operated by a private individual, company, corporation, or organization. A private sanitary sewer system may or may not connect into a publicly owned sanitary sewer system.
Potential to Discharge, Potential Discharge
Potential to Discharge, or Potential Discharge, means any exiting of sewage from a sanitary sewer system which can reasonably be expected to discharge into a water of the State based on the size of the sewage spill, proximity to a drainage conveyance system, and the nature of the surrounding environment.
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Receiving Water
A receiving water is a water of the State that receives a discharge of waste.
Resilience
Resilience is the ability to recover from or adjust to adversity or change, and grow from disruptions. Resilience can be built through planning, preparing for, mitigating, and adapting to changing conditions.
Sanitary Sewer System
A sanitary sewer system is a system that is designed to convey sewage, including but not limited to, pipes, manholes, pump stations, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks, including:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.
For purpose of this Order, sanitary sewer systems include only systems owned and/or operated by the Enrollee.
Satellite Sewer System
A satellite sewer system is a portion of a sanitary sewer system owned or operated by a different owner than the owner of the downstream wastewater treatment facility ultimately treating the sewage.
Sewer System Management Plan
A sewer system management plan is a living document an Enrollee develops and implements to effectively manage its sanitary sewer system(s) in accordance with this General Order.
Sewage
Sewage, and its associated wastewater, is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.
Spill
A spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Exfiltration of sewage is not considered to be a spill under this General Order if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State.
Training
Training is in-house or external education and guidance needed that provides the knowledge, skills, and abilities to comply with this General Order.
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Wash Down Water
Wash down water is water used to clean a spill area.
Waste
Waste, as defined in Water Code section 13050(d), includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
Waste Discharge Identification Number (WDID)
A waste discharge identification number (WDID) identifies each individual sanitary sewer system enrolled under this General Order. A WDID number is assigned to each enrolled system upon an Enrollee’s approved regulatory coverage.
Waters of the State
Waters of the State are surface waters or groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions.
Waters of the State include waters of the United States.
Waters of the United States
Waters of the United States are surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.
Water Quality Objective
A water quality objective is the limit or maximum amount of pollutant, waste constituent or characteristic, or parameter level established in statewide water quality control plans and Regional Water Boards’ Basin Plans, for the reasonable protection of beneficial uses of surface waters and groundwater and the prevention of nuisance.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT B – APPLICATION FOR ENROLLMENT December 6, 2022 B - 1
ATTACHMENT B – APPLICATION FOR ENROLLMENT
1. Enrollment Status: (Mark only one item)
☐ New Enrollee
☐ New Enrollee with previous regulatory coverage under Order 2006-0003-DWQ (that failed to certify continuation of coverage in CIWQS per Order 2022-XXXX-DWQ) Existing WDID Number: __________________________________________________
2. Applicant Information:
Legally Responsible Official Submitting Application
First and Last Name: ____________________________________________________ Title: _________________________________________________________________ Phone: _______________________________________________________________ Email: ________________________________________________________________ System Owner/Operator Name: ______________________________________________ Mailing Address:________________________________________________________ City, State, Zip:_________________________________________________________ County: _______________________________________________________________ Sanitary Sewer System Name: ____________________________________________ Regional Water Quality Control Board(s): ____________________________________ Signature and Date: _____________________________________________________
3. Applicant Type (Check one):
☐ City ☐ County ☐ State ☐ Federal ☐ Special District
☐ Government Combination ☐ Private ☐ Other Non-governmental Entity
4. Wastewater Treatment Plant Receiving Sanitary Sewer System Waste:
Wastewater Treatment Plant Permittee:________________________________________ WDID No.: ______________________________________________________________
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT B – APPLICATION FOR ENROLLMENT December 6, 2022 B - 2
5. Billing Information
Billing Address: ___________________________________________________________ City, State, Zip: ___________________________________________________________ Billing Contact Person and Title: ______________________________________________ Phone and Email Address: __________________________________________________
6. Application Fee:
The application fee, as required by Water Code section 13260, is based on the daily population served by the sanitary sewer system. See updated Fee Schedule. (https://www.waterboards.ca.gov/resources/fees/water_quality/) Check one of the following and enter fee amount:
☐ Population Served < 50,000 – Total Fee submitted: $ ___________ ☐ Population Served ≥ 50,000 – Total Fee submitted: $ ___________ Make the fee payment payable to the State Water Resources Control Board and mail the complete application package to:
State Water Resources Control Board, Accounting Office
P. O. Box 1888
Sacramento, CA 95812-1888
Attention: Statewide Sanitary Sewer System Program
7. Application Submittal Certification
I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge and belief, the information in the submitted application package is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.
Print Name: ______________________________________________________________ Title: ___________________________________________________________________ Signature: __________________________________________Date: ________________
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT C – NOTICE OF TERMINATION December 6, 2022
C - 1
ATTACHMENT C - NOTICE OF TERMINATION
1. Enrollee Information
Enrollee Name: ___________________________________________________________ WDID No:________________________________________________________________ Legally Responsible Official Requesting Termination of Coverage: ___________________ First and Last Name: ____________________________________________________ Title: _________________________________________________________________ Phone: _______________________________________________________________ Email: ________________________________________________________________ Mailing Address: __________________________________________________________ City, State, Zip: ___________________________________________________________ County: _________________________________________________________________ Sanitary Sewer System Name(s) or Unique Identifier(s): ___________________________ Regional Water Quality Control Board(s): _______________________________________ Signature and Date:________________________________________________________
2. Basis of Termination
Explanation of termination, including subsequent regulatory coverage and subsequent owner/operator of enrolled sanitary sewer system, as applicable:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT C – NOTICE OF TERMINATION December 6, 2022
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3. Regulatory Coverage Termination Certification
I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge: 1) the sanitary sewer system I officially represent is not required to be regulated under the Statewide Waste Discharge Requirements for Sanitary Sewer Systems Order 2022-XXXX-DWQ, and 2) the information submitted in this Notice of Termination is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. Additionally, I understand that the submittal of this Notice of Termination does not release sanitary sewer system agencies from liability for any violations of the Clean Water Act.
Print Name: ______________________________________________________________ Title: ___________________________________________________________________ Signature: __________________________________________Date: ________________ For State Water Board Use Only
☐ Approved for Termination ☐ Denied and Returned to Enrollee Deputy Director of Water Quality Signature: _____________________________________ Date: ____________________Notice of Termination Effective Date: __________________
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
D - 1
ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN – REQUIRED ELEMENTS Table of Contents
1. Sewer System Management Plan Goal And Introduction ............................................D-2
1.1. Regulatory Context ...........................................................................................D-2
1.2. Sewer System Management Plan Update Schedule.........................................D-3
1.3. Sewer System Asset Overview .........................................................................D-3
2. Organization ................................................................................................................D-3
3. Legal Authority.............................................................................................................D-4
4. Operation And Maintenance Program..........................................................................D-4
4.1. Updated Map of Sanitary Sewer System ..........................................................D-4
4.2. Preventive Operation and Maintenance Activities .............................................D-4
4.3. Training .............................................................................................................D-5
4.4. Equipment Inventory .........................................................................................D-5
5. Design And Performance Provisions ...........................................................................D-5
5.1. Updated Design Criteria and Construction Standards and Specifications.........D-5
5.2. Procedures and Standards................................................................................D-5
6. Spill Emergency Response Plan..................................................................................D-6
7. Sewer Pipe Blockage Control Program........................................................................D-7
8. System Evaluation, Capacity Assurance and Capital Improvements...........................D-7
8.1 System Evaluation and Condition Assessment.................................................D-7
8.2. Capacity Assessment and Design Criteria ........................................................D-8
8.3. Prioritization of Corrective Action ......................................................................D-9
8.4. Capital Improvement Plan.................................................................................D-9
9. Monitoring, Measurement and Program Modifications.................................................D-9
10. Internal Audits............................................................................................................D-10
11. Communication Program ...........................................................................................D-10
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
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ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN – REQUIRED ELEMENTS A Sewer System Management Plan (Plan) is a living planning document that documents ongoing local sewer system management program activities, procedures, and decision-making – at the scale necessary to address the size and complexity of the subject sanitary sewer system(s). This Plan may incorporate other programs and other plans by reference, to address short-term and long-term system resilience through:
• Proactive planning and decision-making;
• Local government ordinances;
• Updated operations and maintenance activities and procedures; • Implementation of capital improvements;
• Sufficient local budget to support staff resources, contractors, equipment, and training; and • Updated training of staff and contractors.
The Enrollee’s development, update, and implementation of a Sewer System Management Plan addressing the requirements of this Attachment is an enforceable component of this General Order. As specified in Provision 6.1 (Enforcement Provisions) of this General Order, consistent with the Water Code and the State Water Board Enforcement Policy, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts in implementing an effective Sewer System Management Plan to prevent, contain, control, and mitigate spills when considering Water Code section 13327 factors to determine necessary enforcement of this General Order.
This Attachment includes the following required elements that the Enrollee shall address in its Plan and subsequent updates. The Enrollee shall identify any requirement in this Attachment that is not applicable to the Enrollee’s sewer system and shall explain in its Plan why the requirement is not applicable.
1. SEWER SYSTEM MANAGEMENT PLAN GOAL AND INTRODUCTION
The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts of the Enrollee’s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and mitigate spills that do occur.
The Plan must include a narrative Introduction section that discusses the following items:
1.1. Regulatory Context
The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.
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1.2. Sewer System Management Plan Update Schedule
The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedule must include milestones for incorporation of activities addressing prevention of sewer spills.
1.3. Sewer System Asset Overview
The Plan Introduction section must provide a description of the Enrollee-owned assets and service area, including but not limited to:
• Location, including county(ies);
• Service area boundary;
• Population and community served;
• System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons; • Structures diverting stormwater to the sewer system;
• Data management systems;
• Sewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals;
• Estimated number or percent of residential, commercial, and industrial service connections; and
• Unique service boundary conditions and challenge(s).
Additionally, the Plan Introduction section must provide reference to the Enrollee’s upto-date map of its sanitary sewer system, as required in section 4.1 (Updated Map of Sanitary Sewer System) of this Attachment.
2. ORGANIZATION
The Plan must identify organizational staffing responsible and integral for implementing the local Sewer System Management Plan through an organization chart or similar narrative documentation that includes:
• The name of the Legally Responsible Official as required in section 5.1 (Designation of a Legally Responsible Official) of this General Order; • The position titles, telephone numbers, and email addresses for management, administrative, and maintenance positions responsible for implementing specific Sewer System Management Plan elements;
• Organizational lines of authority; and
• Chain of communication for reporting spills from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies, as applicable. (For example, county
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health officer, county environmental health agency, and State Office of Emergency Services.)
3. LEGAL AUTHORITY
The Plan must include copies or an electronic link to the Enrollee’s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
• Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages;
• Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure; • Require that sewer system components and connections be properly designed and constructed;
• Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee;
• Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures; and
• Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable.
4. OPERATION AND MAINTENANCE PROGRAM
The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system.
4.1. Updated Map of Sanitary Sewer System
An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries.
4.2. Preventive Operation and Maintenance Activities
A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors.
The scheduling system must include:
• Inspection and maintenance activities;
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• Higher-frequency inspections and maintenance of known problem areas, including areas with tree root problems;
• Regular visual and closed-circuit television (CCTV) inspections of manholes and sewer pipes.
The data collection system must document data from system inspection and maintenance activities, including system areas/components prone to root-intrusion potentially resulting in system backup and/or failure.
4.3. Training
In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
• The requirements of this General Order;
• The Enrollee’s Spill Emergency Response Plan procedures and practice drills; • Skilled estimation of spill volume for field operators; and • Electronic CIWQS reporting procedures for staff submitting data.
4.4. Equipment Inventory
An inventory of sewer system equipment, including the identification of critical replacement and spare parts.
5. DESIGN AND PERFORMANCE PROVISIONS
The Plan must include the following items as appropriate and applicable to the Enrollee’s system:
5.1. Updated Design Criteria and Construction Standards and Specifications Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.
5.2. Procedures and Standards
Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.
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6. SPILL EMERGENCY RESPONSE PLAN
The Plan must include an up to date Spill Emergency Response Plan to ensure prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. The Spill Emergency Response Plan must include procedures to:
• Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
• Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State;
• Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; • Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained;
• Address emergency system operations, traffic control and other necessary response activities;
• Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
• Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
• Remove sewage from the drainage conveyance system;
• Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; • Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
• Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; • Conduct post-spill assessments of spill response activities; • Document and report spill events as required in this General Order; and • Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed.
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7. SEWER PIPE BLOCKAGE CONTROL PROGRAM
The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed.
The procedures must include, at minimum:
• An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe-blocking substances; • A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area; • The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages;
• Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping and reporting requirements; • Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance;
• An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section; and • Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above.
8. SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS The Plan must include procedures and activities for:
• Routine evaluation and assessment of system conditions; • Capacity assessment and design criteria;
• Prioritization of corrective actions; and
• A capital improvement plan.
8.1 System Evaluation and Condition Assessment
The Plan must include procedures to:
• Evaluate the sanitary sewer system assets utilizing the best practices and technologies available;
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• Identify and justify the amount (percentage) of its system for its condition to be assessed each year;
• Prioritize the condition assessment of system areas that:
o Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies; o Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas; o Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List;
• Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods;
• Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State;
• Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
• Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.
8.2. Capacity Assessment and Design Criteria
The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
• Dry-weather peak flow conditions that cause or contributes to spill events; • The appropriate design storm(s) or wet weather events that causes or contributes to spill events;
• The capacity of key system components; and
• Identify the major sources that contribute to the peak flows associated with sewer spills.
The capacity assessment must consider:
• Data from existing system condition assessments, system inspections, system audits, spill history, and other available information; • Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions;
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• Capacity of systems subject to increased infiltration and inflow due to larger and/or higher-intensity storm events as a result of climate change; • Increases of erosive forces in canyons and streams near underground and aboveground system components due to larger and/or higher-intensity storm events; • Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and • Necessary redundancy in pumping and storage capacities.
8.3. Prioritization of Corrective Action
The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.
8.4. Capital Improvement Plan
The capital improvement plan must include the following items:
• Project schedules including completion dates for all portions of the capital improvement program;
• Internal and external project funding sources for each project; and • Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and Interagency coordination with other impacted utility agencies.
9. MONITORING, MEASUREMENT AND PROGRAM MODIFICATIONS
The Plan must include an Adaptive Management section that addresses Planimplementation effectiveness and the steps for necessary Plan improvement, including:
• Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities;
• Monitoring the implementation and measuring the effectiveness of each Plan Element;
• Assessing the success of the preventive operation and maintenance activities; • Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and
• Identifying and illustrating spill trends, including spill frequency, locations and estimated volumes.
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10. INTERNAL AUDITS
The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with section 5.4 (Sewer System Management Plan Audits) of this General Order.
11. COMMUNICATION PROGRAM
The Plan must include procedures for the Enrollee to communicate with:
• The public for:
o Spills and discharges resulting in closures of public areas, or that enter a source of drinking water, and
o The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.
• Owners/operators of systems that connect into the Enrollee’s system, including satellite systems, for:
o System operation, maintenance, and capital improvement-related activities.
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ATTACHMENT E1 – NOTIFICATION, MONITORING, REPORTING AND
RECORDKEEPING REQUIREMENTS
Table of Contents
1. Notification Requirements......................................................................................... E1-3
1.1. Notification of Spills of 1,000 Gallons or Greater to the California Office of Emergency Services ...................................................................................... E1-3
1.2. Spill Notification Information........................................................................... E1-4
1.3. Notification of Spill Report Updates................................................................ E1-4
2. Spill-Specific Monitoring Requirements .................................................................... E1-5
2.1 Spill Location and Spread .............................................................................. E1-5
2.2 Spill Volume Estimation.................................................................................. E1-5
2.3. Receiving Water Monitoring ............................................................................E1-5
2.4. Safety and Access Exceptions ........................................................................E1-8
3. Reporting Requirements ............................................................................................E1-8
3.1. Reporting Requirements for Individual Category 1 Spill Reporting .................E1-8
3.2. Reporting Requirements for Individual Category 2 Spill Reporting ...............E1-12
3.3. Monthly Certified Spill Reporting for Category 3 Spills..................................E1-14
3.4. Monthly Certified Spill Reporting for Category 4 Spills..................................E1-16
3.5. Amended Certified Spill Reports for Category 3 Spills ..................................E1-16
3.6. Annual Certified Spill Reporting of Category 4 and/or Lateral Spills .............E1-16
3.7. Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” ................................................................................................E1-16
3.8. Electronic Sanitary Sewer System Service Area Boundary Map...................E1-17
3.9. Annual Report (Previously termed as Collection System Questionnaire in General Order 2006-0003-DWQ)..................................................................E1-17
3.10. Sewer System Management Plan Audit Reporting Requirements ................E1-19
3.11. Sewer System Management Plan Reporting Requirements .........................E1-19
4. Recordkeeping Requirements .................................................................................E1-20
4.1. Recordkeeping Time Period..........................................................................E1-20
4.2. Availability of Documents ..............................................................................E1-20
4.3. Spill Reports..................................................................................................E1-20
4.4. Recordkeeping of Category 4 Spills and Non-Category 1 Lateral Spills .......E1-21
4.5. Sewer System Telemetry Records................................................................E1-22
4.6. Sewer System Management Plan Implementation Records .........................E1-22
4.7. Audit Records................................................................................................E1-23
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4.8. Equipment Records.......................................................................................E1-23
4.9. Work Orders..................................................................................................E1-23
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ATTACHMENT E1– NOTIFICATION, MONITORING, REPORTING AND RECORDKEEPING
REQUIREMENTS
The Notification Requirements (section 1), Spill-specific Monitoring Requirements (section 2), Reporting Requirements (section 3) and Recordkeeping Requirements (section 4) in this Attachment are pursuant to Water Code section 13267 and section 13383, and are an enforceable component of this General Order. For the purpose of this General Order, the term:
• Notification means the notifying of appropriate parties of a spill event or other activity. • Spill-specific Monitoring means the gathering of information and data for a specific spill event to be reported or kept as records.
• Reporting means the reporting of information and data into the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. • Recordkeeping means the maintaining of information and data in an official records storage system.
Failure to comply with the notification, monitoring, reporting and recordkeeping requirements in this General Order may subject the Enrollee to civil liabilities of up to $10,000 a day per violation pursuant to Water Code section 13385; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement.
Water Code section 13193 et seq. requires the Regional Water Quality Control Boards (Regional Water Boards) and the State Water Resources Control Board (State Water Board) to collect sanitary sewer spill information for each spill event and make this information available to the public. Sanitary sewer spill information for each spill event includes but is not limited to: Enrollee contact information for each spill event, spill cause, estimated spill volume and factors used for estimation, location, date, time, duration, amount discharged to waters of the State, response and corrective action(s) taken.
1. NOTIFICATION REQUIREMENTS
1.1. Notification of Spills of 1,000 Gallons or Greater to the California Office of Emergency Services
Per Water Code section 13271, for a spill that discharges in or on any waters of the State, or discharges or is deposited where it is, or probably will be, discharged in or on any waters of the State, the Enrollee shall notify the California Office of Emergency Services and obtain a California Office of Emergency Services Control Number as soon as possible but no later than two (2) hours after:
• The Enrollee has knowledge of the spill; and
• Notification can be provided without substantially impeding cleanup or other emergency measures.
The notification requirements in this section apply to individual spills of 1,000 gallons or greater, from an Enrollee-owned and/or operated laterals, to a water of the State.
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1.2. Spill Notification Information
The Enrollee shall provide the following spill information to the California Office of Emergency Services before receiving a Control Number, as applicable:
• Name and phone number of the person notifying the California Office of Emergency Services;
• Estimated spill volume (gallons);
• Estimated spill rate from the system (gallons per minute); • Estimated discharge rate (gallons per minute) directly into waters of the State or indirectly into a drainage conveyance system;
• Spill incident description:
o Brief narrative of the spill event, and
o Spill incident location (address, city, and zip code) and closest cross streets and/or landmarks;
• Name and phone number of contact person on-scene;
• Date and time the Enrollee was informed of the spill event; • Name of sanitary sewer system causing the spill;
• Spill cause or suspected cause (if known);
• Amount of spill contained;
• Name of receiving water body receiving or potentially receiving discharge; and • Description of water body impact and/ or potential impact to beneficial uses.
1.3. Notification of Spill Report Updates
Following the initial notification to the California Office of Emergency Services and until such time that the Enrollee certifies the spill report in the online CIWQS Sanitary Sewer System Database, the Enrollee shall provide updates to the California Office of Emergency Services regarding substantial changes to:
• Estimated spill volume (increase or decrease in gallons initially estimated); • Estimated discharge volume discharged directly into waters of the State or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated); and
• Additional impact(s) to the receiving water(s) and beneficial uses.
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2. SPILL-SPECIFIC MONITORING REQUIREMENTS
2.1 Spill Location and Spread
The Enrollee shall visually assess the spill location(s) and spread using photography, global positioning system (GPS), and other best available tools. The Enrollee shall document the critical spill locations, including:
• Photography and GPS coordinates for:
o The system location where spill originated.
For multiple appearance points of a single spill event, the points closest to the spill origin.
• Photography for:
o Drainage conveyance system entry locations,
o The location(s) of discharge into surface waters, as applicable, o Extent of spill spread, and
o The location(s) of clean up.
2.2 Spill Volume Estimation
To assess the approximate spill magnitude and spread, the Enrollee shall estimate the total spill volume using updated volume estimation techniques, calculations, and documentation for electronic reporting. The Enrollee shall update its notification and reporting of estimated spill volume (which includes spill volume recovered) as further information is gathered during and after a spill event.
2.3. Receiving Water Monitoring
2.3.1. Receiving Water Visual Observations
Through visual observations and use of best available spill volume-estimating techniques and field calculation techniques, the Enrollee shall gather and document the following information for spills discharging to surface waters:
• Estimated spill travel time to the receiving water;
• For spills entering a drainage conveyance system, estimated spill travel time from the point of entry into the drainage conveyance system to the point of discharge into the receiving water;
• Estimated spill volume entering the receiving water; and • Photography of:
o Waterbody bank erosion,
o Floating matter,
o Water surface sheen (potentially from oil and grease),
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o Discoloration of receiving water, and
o Impact to the receiving water.
2.3.2. Receiving Water – Water Quality Sampling and Analysis For sewage spills in which an estimated 50,000 gallons or greater are discharged into a surface water, the Enrollee shall conduct the following water quality sampling no later than 18 hours after the Enrollee’s knowledge of a potential discharge to a surface water:
• Collect one water sample, each day of the duration of the spill, at:
o The DCS-001 location as described in section 2.3.4 (Receiving Water Sampling Locations) of this Attachment, if sewage discharges to a surface water via a drainage conveyance system; and/or
o Each of the three receiving water sampling locations in section 2.3.4 (Receiving Water Sampling Locations) of this Attachment;
If the receiving water has no flow during the duration of the spill, the Enrollee must report “No Sampling Due To No Flow” for its receiving water sampling locations.
The Enrollee shall analyze the collected receiving water samples for the following constituents per section 2.3.3 (Water Quality Analysis Specifications) of this Attachment:
• Ammonia, and
• Appropriate bacterial indicator(s) per the applicable Basin Plan water quality objectives, including one or more of the following, unless directed otherwise by the Regional Water Board:
o Total Coliform Bacteria
o Fecal Coliform Bacteria
o E-coli
o Enterococcus
Dependent on the receiving water(s), sampling of bacterial indicators shall be sufficient to determine post-spill (after the spill) compliance with the water quality objectives and bacterial standards of the California Ocean Plan or the California Inland Surface Water Enclosed Bays, and Estuaries Plan, including the frequency and/or number of post-spill receiving water samples as may be specified in the applicable plans.
The Enrollee shall collect and analyze additional samples as required by the applicable Regional Water Board Executive Officer or designee.
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2.3.3. Water Quality Analysis Specifications
Spill monitoring must be representative of the monitored activity (40 Code of Federal Regulations section 122.41(j)(1)).
Sufficiently Sensitive Methods
Sample analysis must be conducted according to sufficiently sensitive test methods approved under 40 Code of Federal Regulations Part 136 for the sample analysis of pollutants. For the purposes of this General Order, a method is sufficiently sensitive when the minimum level of the analytical method approved under 40 Code of Federal Regulations Part 136 is at or below the receiving water pollutant criteria.
Environmental Laboratory Accreditation Program-Accredited Laboratories The analysis of water quality samples required per this General Order must be performed by a laboratory that has accreditation pursuant to Article 3 (commencing with section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. (Water Code section 13176(a).) The State Water Board accredits laboratories through its Environmental Laboratory Accreditation Program (ELAP).
2.3.4. Receiving Water Sampling Locations
The Enrollee shall collect receiving water samples at the following locations.
Sampling of Flow in Drainage Conveyance System (DCS) Prior to Discharge Sampling
Location Sampling Location Description
DCS-001 A point in a drainage conveyance system before the drainage conveyance system flow discharges into a receiving water.
Receiving Surface Water Sampling (RSW)1
Sampling
Location Sampling Location Description
RSW-001
Point of Discharge
A point in the receiving water where sewage initially enters the receiving water.
RSW-001U:
Upstream of Point
of Discharge
A point in the receiving water, upstream of the point of sewage discharge, to capture ambient conditions absent of sewage discharge impacts.
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Sampling
Location Sampling Location Description
RSW-001D:
Downstream of
Point of Discharge
A point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully mixed with the receiving water.
1 The Enrollee must use its best professional judgment to determine the upstream and downstream distances based on receiving water flow, accessibility to upstream/downstream waterbody banks, and size of visible sewage plume.
2.4. Safety and Access Exceptions
If the Enrollee encounters access restrictions or unsafe conditions that prevents its compliance with spill response requirements or monitoring requirements in this General Order, the Enrollee shall provide documentation of access restrictions and/or safety hazards in the corresponding required report.
3. REPORTING REQUIREMENTS
All reporting required in this General Order must be submitted electronically to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov), unless specified otherwise in this General Order. Electronic reporting may solely be conducted by a Legally Responsible Official or Data Submitter(s) previously designated by the Legally Responsible Official, as required in section 5.8 (Designation of Data Submitters) of this General Order.
The Enrollee shall report any information that is protected by the Homeland Security Act, by email to [email protected], with a brief explanation of the protection provided by the Homeland Security Act for the subject report to be protected from unauthorized disclosure and/or public access, and for official Water Board regulatory purposes only.
3.1. Reporting Requirements for Individual Category 1 Spill Reporting
3.1.1. Draft Spill Report for Category 1 Spills
Within three (3) business days of the Enrollee’s knowledge of a Category 1 spill, the Enrollee shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.
The Draft Spill Report must, at minimum, include the following items:
1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;
2. Spill location name;
3. Date and time the Enrollee was notified of, or self-discovered, the spill;
4. Operator arrival time;
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5. Estimated spill start date and time;
6. Date and time the Enrollee notified the California Office of Emergency Services, and the assigned control number;
7. Description, photographs, and GPS coordinates of the system location where the spill originated;
o If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
8. Estimated total spill volume exiting the system;
9. Description and photographs of the extent of the spill and spill boundaries;
10. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system; o Estimated spill volume remaining within the drainage conveyance system;
11. Description and photographs of all discharge point(s) into the surface water;
12. Estimated spill volume that discharged to surface waters; and
13. Estimated total spill volume recovered.
3.1.2. Certified Spill Report for Category 1 Spills
Within 15 calendar days of the spill end date, the Enrollee shall submit a Certified Spill Report for Category 1 spills, to the online CIWQS Sanitary Sewer System Database.
Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.
The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section 3.1.1 (Draft Spill Report for Category 1 Spills) above:
1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
2. Spill end date and time;
3. Description of how the spill volume estimations were calculated, including at a minimum:
o The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
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4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
5. System failure location (for example, main, lateral, pump station, etc.);
6. Description of the pipe material, and estimated age of the pipe material, at the failure location;
7. Description of the impact of the spill;
8. Whether or not the spill was associated with a storm event;
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;
11. Spill response completion date;
12. Detailed narrative of investigation and investigation findings of cause of spill;
13. Reasons for an ongoing investigation (as applicable) and the expected date of completion;
14. Name and type of receiving water body(s);
15.Description of the water body(s), including but not limited to:
o Observed impacts on aquatic life,
o Public closure, restricted public access, temporary restricted use, and/or posted health warnings due to spill,
o Responsible entity for closing/restricting use of water body, and o Number of days closed/restricted as a result of the spill.
16.Whether or not the spill was located within 1,000 feet of a municipal surface water intake; and
17. If water quality samples were collected, identify sample locations and the parameters the water quality samples were analyzed for. If no samples were taken, Not Applicable shall be selected.
3.1.3. Spill Technical Report for Individual Category 1 Spill in which 50,000 Gallons or Greater Discharged into a Surface Water
For any spill in which 50,000 gallons or greater discharged into a surface water, within 45 calendar days of the spill end date, the Enrollee shall submit a Spill Technical Report to the online CIWQS Sanitary Sewer System Database. The Spill Technical Report, at minimum, must include the following information:
1. Spill causes and circumstances, including at minimum:
o Complete and detailed explanation of how and when the spill was discovered;
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o Photographs illustrating the spill origin, the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post-cleanup site conditions;
o Diagram showing the spill failure point, appearance point(s), the spill flow path, and ultimate destinations;
o Detailed description of the methodology employed, and available data used to calculate the discharge volume and, if applicable, the recovered spill volume; o Detailed description of the spill cause(s);
o Description of the pipe material, and estimated age of the pipe material, at the failure location;
o Description of the impact of the spill;
o Copy of original field crew records used to document the spill; and o Historical maintenance records for the failure location.
2. Enrollee’s response to the spill:
o Chronological narrative description of all actions taken by the Enrollee to terminate the spill;
o Explanation of how the Sewer System Management Plan Spill Emergency Response Plan was implemented to respond to and mitigate the spill; and o Final corrective action(s) completed and a schedule for planned corrective actions, including:
▪ Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable,
▪ Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences, and ▪ Necessary modifications to the Emergency Spill Response Plan to incorporate lessons learned in responding to and mitigating the spill.
3. Water Quality Monitoring, including at minimum:
o Description of all water quality sampling activities conducted; o List of pollutant and parameters monitored, sampled and analyzed; as required in section 2.3 (Receiving Water Monitoring) of this Attachment; o Laboratory results, including laboratory reports;
o Detailed location map illustrating all water quality sampling points; and o Other regulatory agencies receiving sample results (if applicable).
4. Evaluation of spill impact(s), including a description of short-term and long-term impact(s) to beneficial uses of the surface water.
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3.1.4. Amended Certified Spill Reports for Individual Category 1 Spills The Enrollee shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database.
The Enrollee shall certify the amended report.
After 90 calendar days, the Enrollee shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
3.2. Reporting Requirements for Individual Category 2 Spill Reporting
3.2.1. Draft Spill Report for Category 2 Spills
Within three (3) business days of the Enrollee’s knowledge of a Category 2 spill, the Enrollee shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.
The Draft Spill Report must, at minimum, include the following items:
1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;
2. Spill location name;
3. Date and time the Enrollee was notified of, or self-discovered, the spill;
4. Operator arrival time;
5. Estimated spill start date and time;
6. Date and time the Enrollee notified the California Office of Emergency Services, and the assigned control number;
7. Description, photographs, and GPS coordinates of the system location where the spill originated;
If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
8. Estimated total spill volume exiting the system;
9. Description and photographs of the extent of the spill and spill boundaries;
10. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system; o Estimated spill volume remaining within the drainage conveyance system;
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o Estimated spill volume discharged to a groundwater infiltration basin or facility, if applicable; and
11. Estimated total spill volume recovered.
3.2.2. Certified Spill Report for Category 2 Spills
Within 15 calendar days of the spill end date, the Enrollee shall submit a Certified Spill Report for the Category 2 spill, to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov). Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.
The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section 3.2.1 (Draft Spill Report for Category 2 Spills) above:
1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
2. Spill end date and time;
3. Description of how the spill volume estimations were calculated, including at a minimum:
o The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
5. System failure location (for example, main, pump station, etc.);
6. Description of the pipe/infrastructure material, and estimated age of the pipe material, at the failure location;
7. Description of the impact of the spill;
8. Whether or not the spill was associated with a storm event;
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;
11. Spill response completion date;
12. Detailed narrative of investigation and investigation findings of cause of spill;
13. Reasons for an ongoing investigation (as applicable) and the expected date of completion; and
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14. Whether or not the spill was located within 1,000 feet of a municipal surface water intake.
3.2.3. Amended Certified Spill Reports for Individual Category 2 Spills The Enrollee shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database.
The Enrollee shall certify the amended report.
After 90 calendar days, the Enrollee shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
3.3. Monthly Certified Spill Reporting for Category 3 Spills The Enrollee shall report and certify all Category 3 spills to the online CIWQS Sanitary Sewer System Database within 30 calendar days after the end of the month in which the spills occurred. (For example, all Category 3 spills occurring in the month of February shall be reported and certified by March 30th). After the Legally Responsible Official certifies the spills, the online CIWQS Sanitary Sewer System Database will issue a spill event identification number for each spill.
The monthly reporting of all Category 3 spills must include the following items for each spill:
1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;
2. Spill location name;
3. Date and time the Enrollee was notified of, or self-discovered, the spill;
4. Operator arrival time;
5. Estimated spill start date and time;
6. Description, photographs, and GPS coordinates where the spill originated:
o If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
7. Estimated total spill volume exiting the system;
8. Description and photographs of the extent of the spill and spill boundaries;
9. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry locations(s); o Estimated spill volume fully recovered from the drainage conveyance system; and
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o Estimated spill volume discharged to a groundwater infiltration basis or facility, if applicable.
10. Estimated total spill volume recovered;
11. Description of the spill event destination(s), including GPS coordinates, if available, that represent the full spread and reaches of the spill;
12. Spill end date and time;
13. Description of how the spill volume estimations were calculated, including, at minimum:
o The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology and type of data relied upon to estimate the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time;
14. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
15. System failure location (for example, main, pump station, etc.);
16. Description of the pipe/infrastructure material, and estimated age of the pipe/infrastructure material, at the failure location;
17. Description of the impact of the spill;
18. Whether or not the spill was associated with a storm event;
19. Description of spill response activities including description of immediate spill containment and cleanup efforts;
20. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps; including, at minimum:
o Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
o Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill event location, including:
▪ Adjusted schedule/method of preventive maintenance,
▪ Planned rehabilitation or replacement of sanitary sewer asset, ▪ Inspected, repaired asset(s), or replaced defective asset(s), ▪ Capital improvements,
▪ Documentation verifying immediately implemented system modifications and operating/maintenance modifications,
▪ Description of spill response activities,
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▪ Spill response completion date, and
▪ Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;
21. Detailed narrative of investigation and investigation findings of cause of spill.
3.4. Monthly Certified Spill Reporting for Category 4 Spills The Enrollee shall report and certify the estimated total spill volume exiting the sanitary sewer system, and the total number of all Category 4 spills to the online CIWQS Sanitary Sewer System Database, within 30 calendar days after the end of the month in which the spills occurred.
3.5. Amended Certified Spill Reports for Category 3 Spills Within 90 calendar days of the certified Spill Report due date, the Enrollee may update or add additional information to a certified Spill Report by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The Enrollee shall certify the amended report.
After 90 calendar days, the Legally Responsible Official shall contact the State Water Board at [email protected] to request to amend a certified Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the 90-day timeframe for amending the certified Spill Report, as provided above.
3.6. Annual Certified Spill Reporting of Category 4 and/or Lateral Spills For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the Enrollee shall:
• Maintain records per section 4.4. of this Attachment; The Enrollee shall provide records upon request by State Water Board or Regional Water Board staff.
• Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.
A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the Enrollee shall report all Category 1 spills per section 3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
3.7. Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills”
If either (1) no spills occur during a calendar month or (2) only Category 4, and/or Enrollee-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the Enrollee shall certify, within 30 calendar days after
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the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually (per section 3.6 of this Attachment) for the designated month.
If a spill starts in one calendar month and ends in a subsequent calendar month, and the Enrollee has no further spills of any category, in the subsequent calendar month, the Enrollee shall certify “no-spills” for the subsequent calendar month.
If the Enrollee has no spills from its systems during a calendar month, but the Enrollee voluntarily reported a spill from a private lateral or a private system, the Enrollee shall certify “no-spills” for that calendar month.
If the Enrollees has spills from its owned and/or operated laterals during a calendar month, the Enrollee shall not certify “no spills” for that calendar month.
3.8. Electronic Sanitary Sewer System Service Area Boundary Map The Legally Responsible Official shall submit, to the State Water Board, an up-to-date electronic spatial map of its sewer system service area boundaries. The map must be in accordance with section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of this General Order and the specification provided on the statewide Sanitary Sewer Systems program website. The map must include the location of wastewater treatment facility(ies) that treats the sewer system waste, if in the same sewer service boundary.
By the Effective Date of this General Order, specifications for the electronic sanitary sewer service area boundary map format will be provided on the statewide Sanitary Sewer Systems Order program website.
3.9. Annual Report (Previously termed as Collection System Questionnaire in General Order 2006-0003-DWQ)
A new Enrollee shall complete and submit its first certified Annual Report into the online CIWQS Sanitary Sewer System Database, within 30 days of obtaining a CIWQS account; Subsequent Annual Reports are due by April 1 of each year.
All enrollees shall update their previous year’s Annual Report, by April 1 of each year after the Effective Date of this General Order, for each calendar year (January 1 through December 31).
The Annual Report must be entered directly into the online CIWQS Sanitary Sewer System Database. The Enrollee’s Legally Responsible Official shall certify the Annual Report as instructed in CIWQS;
The Annual Report must address, and update as applicable, the following items:
• Population served;
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• Updated sewer system service area boundary map, if service area boundary has changed from original map submitted per section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of this General Order; • Number of system operation and maintenance staff:
o Entry level (less than two years of experience),
o Journey level (greater than two years of experience), o Supervisory level, and
o Managerial level;
• Number of operation and maintenance staff certified as a certified collection system operator by the California Water Environmental Association (CWEA), with:
o Corresponding number of certified collection system operator grade levels (Grade I, II, III, IV, and V);
• System information:
o Miles of system gravity and force mains,
o Number of upper and lower service laterals connected to system, o Estimated number of upper and lower laterals owned and/or operated by the Enrollee,
o Portion of laterals that is Enrollee’s responsibility, o Average age the major components of system infrastructure, o Number and age of pump stations, and
o Estimated total miles of the system pipeline not accessible for maintenance; • Name and location of the treatment plant(s) receiving sanitary sewer system’s waste;
• Name of satellite sewer system tributaries;
• Number of system’s gravity sewer above or underground crossings of water bodies throughout system;
• Number of force main (pressurized pipe) above or underground crossings of water bodies throughout system;
• Number of siphons used to convey waste throughout the sewer system; • Miles of sewer system cleaned;
• Miles of sewer system video inspected, or comparable (i.e., video closed-circuit television or alternative inspection methods);
• System Performance Evaluation as specified in section 5.11 (System Performance Analysis) of this General Order;
• Major spill causes (for example, root intrusion, grease deposition);
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• System infrastructure failure points (for example, main, pump station, lateral, etc.); • Ongoing spill investigations; and
• Actions taken to address system deficiencies.
3.10. Sewer System Management Plan Audit Reporting Requirements The Enrollee shall submit its Sewer System Management Plan Audit and other pertinent audit information, in accordance with section 5.4 (Sewer System Management Plan Audits) of this General Order, to the online CIWQS Sanitary Sewer System Database by six (6) months after the end of the 3-year audit period.
If a Sewer System Management Plan Audit is not conducted as required: the Enrollee shall:
• Update the online CIWQS Sanitary Sewer System Database and select the justification for not conducting the Audit; and
• Notify its corresponding Regional Water Board (see Attachment F (Regional Water Quality Control Board Contact Information)) of the justification for the lapsed requirements.
The Enrollee’s reporting of a justification for not conducting a timely Audit does not justify non-compliance with this General Order. The Enrollee shall:
• Submit the late Audit as required in this General Order; and • Comply with subsequent Audit requirements and due dates corresponding with the original audit cycle.
3.11. Sewer System Management Plan Reporting Requirements For an Existing Enrollee previously regulated by Order 2006-0003-DWQ: Within every six (6) years after the required due date of its last Plan Update, the Legally Responsible Official shall upload and certify a local governing entity-approved Sewer System Management Plan Update to the online CIWQS Sanitary Sewer System Database. If the electronic document format or size capacity prevents the electronic upload of the Plan, the Legally Responsible Official shall report an electronic link to its updated Sewer System Management Plan posted on its own website.
Order 2006-0003-DWQ required each enrollee to develop its initial Sewer System Management Plan per the following schedule, with required Plan updates at a frequency of 5-years thereafter:
Systems serving populations: Greater than 100,000: May 2, 2009 Between 100,000 and 10,000: August 2, 2009
Between 10,000 and 2,500: May 2, 2010
Less than 2,500: August 2, 2010
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This Order carries forth the previously-required Plan Update schedule per Order 2006-0003-DWQ. Per the six-year Plan Update frequency required in this Order, the Enrollee shall upload and certify its first Plan Update, to the online CIWQS Sanitary Sewer System Database by the following due dates, with subsequent Plan Updates at the frequency of six years thereafter:
Systems serving populations: Greater than 100,000: May 2, 2025 Between 100,000 and 10,000: August 2, 2025
Between 10,000 and 2,500: May 2, 2026
Less than 2,500: August 2, 2026
For a New Enrollee: Within twelve (12) months of its Application for Enrollment Approval date, the Legally Responsible Official of a new Enrollee shall upload and certify a local governing entity-approved Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database. If electronic document format or size capacity prevents the electronic upload of the Plan, the Legally Responsible Official shall report an electronic link to its Sewer System Management Plan posted on its own website. The due date for subsequent 6-year Plan updates, is six (6) years from the submittal due date of the new Enrollee’s first Sewer System Management Plan.
4. RECORDKEEPING REQUIREMENTS
The Enrollee shall maintain records to document compliance with the provisions of this General Order, and previous General Order 2006-0003-DWQ as applicable, for each sanitary sewer system owned, including any required records generated by an Enrollee’s contractor(s).
4.1. Recordkeeping Time Period
The Enrollee shall maintain records of documents required in this Attachment, including records collected for compliance with this General Order, and records collected in accordance with previous General Order 2006-0003-DWQ, for five (5) years.
4.2. Availability of Documents
The Enrollee shall make the records required in this General Order readily available, either electronic or hard copies, for review by Water Board staff during onsite inspections or through an information request.
4.3. Spill Reports
The Enrollee shall maintain records for each of the following spill-related events and activities:
• Spill event complaint, including but not limited to records documenting how the Enrollee responded to notifications of spills. Each complaint record must, at a minimum, include the following information:
o Date, time, and method of notification,
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o Date and time the complainant first noticed the spill, if available, o Narrative description of the complaint, including any information the caller provided regarding whether the spill has reached surface waters or a drainage conveyance system, if available,
o Complainant’s contact information, if available, and
o Final resolution of the complaint;
• Records documenting the steps and/or remedial action(s) undertaken by the Enrollee, using all available information, to comply with this General Order, and previous General Order 2006-0003-DWQ as applicable;
• Records documenting how estimate(s) of volume(s) and, if applicable, volume(s) of spill recovered were calculated;
• All California Office of Emergency Services notification records, as applicable; and • Records, in accordance with the Monitoring Requirements in this Attachment.
4.4. Recordkeeping of Category 4 Spills and Non-Category 1 Lateral Spills An Enrollee must maintain the following records for each individual Category 4 spill and for each individual non-Category 1 Enrollee-owned and/or operated lateral spill, and report in accordance to section 3.6 (Annual Certified Spill Reporting of Category 4 and/or Lateral Spills) of this Attachment.
Recordkeeping of Individual Category 4 Spill Information:
1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;
2. Spill location name;
3. Description and GPS coordinates for the system location where the spill originated;
4. Did the spill reach a drainage conveyance system? If Yes:
o Description of drainage conveyance system location,
o Estimated spill volume fully recovered within the drainage conveyance system, and
o Estimated spill volume remaining within the drainage conveyance system;
5. Estimated total spill volume exiting the sanitary sewer system;
6. Spill date and start time;
7. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
8. System failure location (for example, main, pump station, etc.);
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of how the volume estimation was calculated, including, at minimum:
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o The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology and type of data relied upon to estimate the spill start time, ongoing spill rate at time of arrival (if applicable), and the spill end time;
11. Description of implemented system modifications and operating/maintenance modifications.
Recordkeeping of Individual Lateral Spill Information:
1. Date and time the Enrollee was notified of, or self-discovered, the spill;
2. Location of individual spill;
3. Estimated individual spill volume;
4. Spill cause(s) (for example, root intrusion, grease deposition, etc.); and
5. Description of how the volume estimations were calculated.
Total Annual Spill Information:
1. Estimated total annual spill volume;
2. Description of spill corrective actions, including at minimum:
o Local regulatory enforcement action taken against the sewer lateral owner in response to a spill, as applicable, and
o System operation, maintenance and program modifications implemented to prevent repeated spill occurrences at the same spill location.
4.5. Sewer System Telemetry Records
The Enrollee shall maintain the following sewer system telemetry records if used to document compliance with this General Order, and previous General Order 2006-0003-DWQ as applicable, including spill volume estimates:
• Supervisory control and data acquisition (SCADA) system(s); • Alarm system(s);
• Flow monitoring device(s) or other instrument(s) used to estimate sewage flow rates, and/or volumes;
• Computerized maintenance management system records; and • Asset management-related records.
4.6. Sewer System Management Plan Implementation Records The Enrollee shall maintain records documenting the Enrollee’s implementation of its Sewer System Management Plan, including documents supporting its Sewer System Management Plan audits, corrections, modifications, and updates to the Sewer System Management Plan.
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4.7. Audit Records
The Enrollee shall maintain, at minimum, the following records pertaining to its Sewer System Management Plan audits, and other internal audits:
• Completed audit documents and findings;
• Name and contact information of staff and/or consultants that conducted or involved in the audit; and
• Follow-up actions based on audit findings.
4.8. Equipment Records
The Enrollee shall maintain a log of all owned and leased sewer system cleaning, operational, maintenance, construction, and rehabilitation equipment.
4.9. Work Orders
The Enrollee shall maintain record of work orders for operations and maintenance projects.
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022
MONITORING AND REPORTING REQUIREMENTS
E2 - 1
ATTACHMENT E2 – SUMMARY OF NOTIFICATION, MONITORING AND REPORTING
REQUIREMENTS
This Attachment provides a summary of notification, monitoring and reporting requirements, by spill category, and for Enrollee-owned and/or operated laterals as required in Attachment E1 of this General Order, for quick reference purposes only.
Table E2-1
Spill Category 1: Spills to Surface Waters
Spill
Requirement Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 1 spill of 1,000 gallons or greater,
discharging or threatening to discharge to surface
waters:
Notify the California Office of Emergency Services
and obtain a notification control number.
California Office
of Emergency
Services at:
(800) 852-7550
(Section 1 of
Attachment E1)
Monitoring
• Conduct spill-specific monitoring;
• Conduct water quality sampling of the receiving
water within 18 hours of initial knowledge of spill of
50,000 gallons or greater to surface waters.
(Section 2 of
Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date;
• Submit Technical Report within 45 calendar days
after the spill end date for a Category 1 spill in
which 50,000 gallons or greater discharged to
surface waters; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.1 of
Attachment E1)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022
MONITORING AND REPORTING REQUIREMENTS
E2 - 2
Table E2-2
Spill Category 2: Spills of 1,000 Gallons or Greater That Do Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 2 spill of 1,000 gallons or greater,
discharging or threatening to discharge to waters of
the State:
Notify California Office of Emergency Services and
obtain a notification control number.
California Office of
Emergency
Services at: (800)
852-7550
(Section 1 of
Attachment E1)
Monitoring Conduct spill-specific monitoring.
(Section 2 of
Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.2 of
Attachment E1)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022
MONITORING AND REPORTING REQUIREMENTS
E2 - 3
Table E2-3
Spill Category 3: Spills of Equal or Greater than 50 Gallons and Less than 1,000 Gallons That Does Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• Submit monthly Certified Spill Report to the online
CIWQS Sanitary Sewer System Database within
30 calendars days after the end of the month in
which the spills occur; and
• Submit Amended Spill Reports within 90 calendar
days after the Certified Spill Report due date.
(Section 3.3 and 3.5 of
Attachment E1)
Table E2-4
Spill Category 4: Spills Less Than 50 Gallons That Do Not Discharge to Surface Waters Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring.
(Section 2 of Attachment
E1)
Reporting
• If, during any calendar month, Category 4 spills
occur, certify monthly, the estimated total spill
volume exiting the sanitary sewer system, and the
total number of all Category 4 spills into the online
CIWQS Sanitary Sewer System Database, within
30 days after the end of the calendar month in
which the spills occurred.
• Upload and certify a report, in an acceptable digital format, of all Category 4 spills to the online CIWQS
Sanitary Sewer System Database, by February 1st
after the end of the calendar year in which the
spills occur.
(Section 3.4, 3.6, 3.7
and 4.4 of Attachment
E1)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022
MONITORING AND REPORTING REQUIREMENTS
E2 - 4
Table E2-5
Enrollee Owned and/or Operated Lateral Spills That Do Not Discharge to Surface Waters Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of a
spill of 1,000 gallons or greater, from an enrolleeowned and/or operated lateral, discharging or threatening to discharge to waters of the State:
Notify California Office of Emergency Services and
obtain a notification control number.
Not applicable to a spill of less than 1,000 gallons.
California Office of
Emergency Services
at: (800) 852-7550
(Section 1 of Attachment
E1)
Monitoring Conduct visual monitoring. (Section 2 of Attachment E1)
Reporting
• Upload and certify a report, in an acceptable digital format, of all lateral spills (that do not discharge to a surface water) to the online CIWQS Sanitary
Sewer System Database, by February 1st after the
end of the calendar year in which the spills occur.
• Report a lateral spill of any volume that discharges
to a surface water as a Category 1 spill.
(Sections 3.6, 3.7 and
4.4 of Attachment E1)
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT F – REGIONAL WATER QUALITY CONTROL December 6, 2022
BOARD CONTACT INFORMATION
F - 1
ATTACHMENT F – REGIONAL WATER QUALITY CONTROL BOARD CONTACT
INFORMATION
This Attachment provides a map, list of counties, and contact information to assist the Enrollee in identifying the corresponding Regional Water Quality Control Board office, for all Regional Water Board notification requirements in this General Order.
Region 1 -- North Coast Regional Water Quality Control Board:
Del Norte, Glenn, Humboldt, Lake, Marin, Mendocino, Modoc, Siskiyou, Sonoma, and Trinity counties.
[email protected] or (707) 576-2220
Region 2 -- San Francisco Bay Regional Water Quality Control Board:
Alameda, Contra Costa, San Francisco, Santa Clara (Northern most part of Morgan Hill), San Mateo, Marin, Sonoma, Napa, Solano counties.
[email protected] or (510) 622-2369
Region 3 -- Central Coast Regional Water Quality Control Board:
Santa Clara (most of Morgan Hill), San Mateo (Southern portion), Santa Cruz, San Benito, Monterey, Kern (small portions), San Luis Obispo, Santa Barbara, Ventura (Northern portion) counties.
[email protected] or (805) 549-3147
Region 4 -- Los Angeles Regional Water Quality Control Board:
Los Angeles, Ventura counties (small portions of Kern and Santa Barbara counties). [email protected] or (213) 576-6600
STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT F – REGIONAL WATER QUALITY CONTROL December 6, 2022
BOARD CONTACT INFORMATION
F - 2
Region 5 -- Central Valley Regional Water Quality Control Board:
Rancho Cordova (Sacramento) Office: Colusa, Lake, Sutter, Yuba, Sierra, Nevada, Placer, Yolo, Napa, (North East), Solano (West), Sacramento, El Dorado, Amador, Calaveras, San Joaquin, Contra Costa (East), Stanislaus, Tuolumne counties.
[email protected] or (916) 464-3291 Fresno Office: Fresno, Kern, Kings, Madera, Mariposa, Merced, and Tulare counties, and small portions of San Benito and San Luis Obispo counties.
[email protected] or (559) 445-5116 Redding Office: Butte, Glen, Lassen, Modoc, Plumas, Shasta, Siskiyou, and Tehama counties.
[email protected] or (530) 224-4845 Region 6 -- Lahontan Regional Water Quality Control Board:
Lake Tahoe Office: Alpine, Modoc (East), Lassen (East side and Eagle Lake), Sierra, Nevada, Placer, El Dorado counties.
[email protected] or (530) 542-5400 Victorville Office: Mono, Inyo, Kern (East), San Bernardino, Los Angeles (North East corner) counties.
[email protected] or (760) 241-6583 Region 7 -- Colorado River Basin Regional Water Quality Control Board:
Imperial county and portions of San Bernardino, Riverside, San Diego counties.
[email protected] or (760) 346-7491
Region 8 -- Santa Ana Regional Water Quality Control Board:
Orange, Riverside, San Bernardino counties.
[email protected] or (951) 782-4130
Region 9 -- San Diego Regional Water Quality Control Board:
San Diego county and portions of Orange and Riverside counties.
[email protected] or (619) 516-1990
End of Order 2022-0103-DWQ
35 APPENDIX “E”
CITY APPROVAL OF UPDATED SSMP
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD A CONTRACT TO SL PAYNE CONSTRUCTION, INC. IN AN AMOUNT UP TO $20,000 FOR THE INSTALLATION OF A
PERGOLA SHADE STRUCTURE AT THE SHAFTER LIBRARY
AND LEARNING CENTER
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept proposals received for the Shafter Library and Learning Center Pergola Shade Structure; and authorize the Deputy Public Works Director to issue a Notice of Award and Notice to Proceed to SL Payne Construction for said project for a contract amount up to $20,000.
BACKGROUND
At its June 20th, 2023 meeting, the City Council authorized the purchase of a Shade Pergola from Forever Redwood to be installed at the Shafter Library & Learning Center Plaza with a community grant from the Resnick Foundation. Staff proceeded with ordering the pergola (materials only), but due to long lead times, have been awaiting fabrication of the materials and delivery to proceed with construction. The pergola is estimated to be completed and shipped out by the end of March. Staff reached out to three contractors to provide pricing for the assembly and construction of the pergola.
ANALYSIS
Staff received three (3) proposals for the construction of the pergola, summarized as follows:
Company Total Price
SL Payne Construction $17,095.28
JTS Construction $39,800.00
DL Brown Construction, Inc. $40,400.55
SL Payne Construction submitted the lowest responsive proposal. SL Payne Construction, Inc. recently completed a roof replacement at the Shafter PD Shooting Range facility. An appropriate budget of $20,000 is recommended to cover their proposal, plus any contingencies that might arise.
AWARD A CONTRACT TO SL PAYNE CONSTRUCTION, INC. IN AN AMOUNT UP TO $20,000
FOR THE INSTALLATION OF A PERGOLA SHADE STRUCTURE AT THE SHAFTER LIBRARY AND
LEARNING CENTER
- 2 -
FISCAL IMPACT
The Council previously accepted a Resnick Foundation Community Grant to fund this project. Between unspent funds from that grant (approximately $1,378) and the Education Partnership budget for repairs and maintenance, there is sufficient funding to complete the recommended installation work. No budget action is required.
CEQA ANALYSIS
Per Section 15303 (New construction or conversion of small structures) of the CEQA Guidelines, the project is exempt from CEQA because it consists of constructing a small structure on an existing site.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Staff can seek out additional proposals from other contractors, but doing so would delay the construction of the pergola. Staff does not believe that seeking additional proposals will result in more favorable results.
NEXT STEPS
Staff will issue a notice of award and notice to proceed to SL Payne Construction, Inc. and proceed with construction once the materials arrive.
ATTACHMENTS
1. SL Payne Construction, Inc Proposal - Learning Center Pergola
2. JTS Construction Proposal - Shafter Learning Center Pergola
3. DL Brown Construction, Inc. Proposal - Shafter Learning Center Pergola
CLIENT CITY OF SHAFTER
CONTACT
INFO 661-746-5097 / 661-333-5758
CA LIC # 712261 [email protected]
DIR # PW-LR-1001011436
BID PREPARED: 2/21/2024
TOTAL # OF DAYS FOR PROJECT: 6
LABOR
DESCRIPTION OF WORK CREW SIZE
HOURS OF
WORK
PREVAILING
WAGE RATE OVERHEAD % OVERHEAD AMOUNT TOTALS
DEMOLITION, DIG
FOOTINGS, SET REBAR
CAGES
2 16 $71.35 27% $616.46 $2,899.66
INSPECTION & POUR
FOOTINGS 2 8 $71.35 27% $308.23 $1,449.83
ERECT & INSTALL PERGOLA
PROVIDED BY CITY OF
SHAFTER
2 24 $74.57 27% $966.43 $4,545.79
TOTAL LABOR $8,895.28
MATERIALS
DESCRIPTION UNIT PRICE PER UNIT TOTALS
PUMP 1 $665.00 $665.00
REBAR CAGES 4 $332.50 $1,330.00
CONCRETE 1 $1,995.00 $1,995.00
TOTAL MATERIALS $3,990.00
DUMP & FUEL FEES
DESCRIPTION TOTALS
FUEL $150.00
DUMP FEES $250.00
TOTAL DUMP & FUEL $400.00
OTHER EXPENSES
DESCRIPTION AMOUNT OVERHEAD % OVERHEAD AMOUNT TOTALS
SUPERVISION $1,000.00 27% $270.00 $1,270.00
DIR FEES $2,000.00 27% $540.00 $2,540.00
OTHER EXPENSES TOTAL $3,810.00
BID TOTAL $17,095.28
BID ACCEPTED BY DATE
KENNETH GREEN - FACILITIES MANAGER
SCOPE OF WORK: ERECT PERGOLA PROVIDED BY CITY
OF SHAFTER. SL PAYNE CONSTUCTION TO PROVIDE
CONCRETE AND FOOTING CAGES. ALL OTHER MATERIAL
FOR PERGOLA TO BE SUPPLIED BY THE CITY OF SHAFTER.
PROJECT ADDRESS:
SHAFTER LEARNING
CENTER
SL PAYNE CONSTRUCTION, INC IS PROUD TO PRESENT THIS BID IN THE AMOUNT OF Seventeen thousand Ninety-Five dollars and Twenty-Eight cents.
THIS BID, PREPARED BY AARON STRAW AND STEPHANIE PAYNE ON February 21, 2024 , IS GOOD FOR THIRTY DAYS.
DL BROWN CONSTRUCTION, INC
General Engineering & Building Contractor
3008 Antonino Avenue
Bakersfield, CA 93308
Office: 661-324-4142
E-mail: [email protected]
License #1056254
February 22, 2024
City of Shafter
720 Commerce Way
Shafter, Ca 93236
Re: Shafter Learning Center Pergola
Attn: Kenneth Greene
PROPOSAL
Hereby propose to Install only 20Ft. x 15Ft. Forever Redwood Pre Manufactured Pergola to be Furnished by the City of Shafter as Follows:
1. Pick up from City Storage Pre-Manufactured Pergola and Deliver to jobsite.
2. Furnish and Install Temporary Fence Enclosure
3. Drill and Install Four (4) concrete Footings with anchors furnished by others.
Concrete Footings to be Flush with existing paving.
4. Erect Pergola Columns, Rafters, and Decking with Hardware furnished by others.
5. Clean up and remove spoils.
6. Prevailing Wage/DIR included.
Lump Sum Quote $40,400.55
Exclusions:
• Remove, relocate and replace of any underground or above ground improvements. • Patching AC Paving& Stripping
• Painting, Sealing or Coating of Pergola
• Permits, Fee, Engineering, Testing, Inspection
• Liability for Vandalism
• Pergola Hardware
Sincerely,
David L. Brown
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Randy Milligan, Acting Chief of Police
SUBJECT: APPROVE THE SALVAGE OF SHAFTER POLICE DEPARTMENT PATROL VEHICLES #101, #130, AND A 2009 FORD FUSION
USED FOR TRAVEL AND TRAINING USE, DUE TO THE
EXCESSIVE MILEAGE, MAINTENANCE COSTS, AND LOW
VALUE OF THE VEHICLES
RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines; approve the salvage of two (2) Shafter Police Department Patrol Vehicle Units #101, #130, and a 2009 Ford Fusion used for travel and training use, due to the excessive mileage, maintenance costs, and low value of vehicles.
BACKGROUND
The Police Department has historically replaced patrol units that have exceeded 80,000 miles due to high maintenance costs and outdated emergency equipment. Council has already approved the purchase of replacement vehicles and those vehicles have already been outfitted and are being utilized by the Police Department. The Police Department also took over two newer model vehicles from the closure of the MCCF that are being utilized by staff for travel purposes.
The Ford Fusion is one of the oldest vehicles in the fleet and has excessive mileage.
Unit #101 is one of the oldest patrol vehicles in the fleet. Unit #101 and Unit #130 both have excessive mileage. Unit #101 is a 2011 Ford Crown Victoria Police Interceptor, and Unit #130 is a 2013 Ford Taurus Police Interceptor. The Ford Fusion has 88,512 miles, Unit #101 has 95,846 miles, and Unit #130 has 104,453 miles. The Ford Fusion has been in service since July 2009 and has a maintenance cost to date of $1,442.87.
Unit #101 has been in service since March 2011 and has a maintenance cost to date of $6,485.59. Unit #130 has been in service since November 2012 and has a maintenance cost to date of $10,280.63. A majority of the maintenance costs for the vehicles have been accrued since 2017. The Ford Fusion has severe interior damage primarily to the dash which is no longer available for replacement. The two patrol vehicles have faded and worn paint and the patrol graphics are faded and burnt. The two-patrol vehicles have outdated emergency equipment that is beginning to fail and needs immediate replacement. To repaint the units, new graphics, and emergency equipment would cost well over $10,000 per unit.
APPROVE THE SALVAGE OF SHAFTER POLICE DEPARTMENT PATROL VEHICLES #101, #130, AND A 2009 FORD FUSION USED FOR TRAVEL AND TRAINING USE, DUE TO THE EXCESSIVE
MILEAGE, MAINTENANCE COSTS, AND LOW VALUE OF THE VEHICLES - 2 -
ANALYSIS
Due to the amount of damage, accrued maintenance costs, and low value of the vehicles, staff is recommending City Council approve the Police Department to remove the three vehicles from the fleet in their current condition. Staff will remove and reuse all viable equipment and reuse where possible. Items to be removed include; the MDC and patrol mobile radio.
In their current condition, LKQ has provided a quote of $1,825 to purchase the vehicles.
FISCAL IMPACT
None. Salvaging patrol units #101, #130, and the Ford Fusion would have no negative impact on the fiscal budget. The estimated revenue for salvaging the units is $1,825.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is to approve the salvage of three patrol vehicles and therefore, it is the creation of a governmental funding mechanism that does not result in a potentially significant impact and is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
1. Keep the patrol units and travel vehicle in service and continue to maintain the emergency components, repainting and replacing the patrol graphics. Not Recommended.
2. Salvage Units #101, #130, and the Ford Fusion and remove them from the Shafter Police Department's fleet. The vehicles can be sold to LKQ for $1,825.
Recommended.
NEXT STEPS
If City Council approves the recommendation for salvaging patrol units #101, #130 and the Ford Fusion the vehicles will be sold to LKQ.
ATTACHMENTS
1. LKQ Quote for 3 PD Vehicles
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Ravi Pudipeddi, City Engineer
SUBJECT: APPROVAL OF AGREEMENT FOR THE COMPLETION OF
PUBLIC IMPROVEMENTS BETWEEN THE CITY OF SHAFTER
AND LENNAR HOMES OF CALIFORNIA, LLC FOR TRACT 7388
PHASE 2
RECOMMENDATION
Council find the action is not subject to the California Environmental Quality Act; approve an agreement for the completion of Public Improvements with Lennar Homes of California, LLC for Tract 7388-Phase 2 subject to review and approval by the City Attorney and City Engineer, and authorize the City Manager to execute said agreement.
BACKGROUND
Underground utilities and street improvements are being constructed within portions of Tract 7388-Phase 2, located north of 7th Standard Road between Gossamer Grove Blvd and the Friant Kern Canal. The tract is also included in the Gossamer Grove Specific Plan. The developer, Lennar Homes of California LLC, desires to file and record the tract map before completing all public improvements conditioned by the City (street, sewer, water, utilities, landscaping, etc.), which requires them to enter into an agreement with the City to ensure that the improvements are eventually constructed.
ANALYSIS
A subdivision improvement agreement specifically requires that the developer design and construct all public improvements conditioned by the City. Performance bonds must also be provided as a guarantee for the faithful performance of the construction of the public improvements. A fully executed agreement and associated bonds will be provided to the City before the recordation of the tract map. This type of agreement has been used for previous Gossamer Grove developments.
FISCAL IMPACT
Costs to prepare and facilitate the subdivision improvement agreement for Tract 7388- Phase 2 are funded by existing operational budgets and fees collected to review and approve the development. No budget action is required.
CEQA ANALYSIS
APPROVAL OF AGREEMENT FOR THE COMPLETION OF PUBLIC IMPROVEMENTS BETWEEN THE CITY OF SHAFTER AND LENNAR HOMES OF CALIFORNIA, LLC FOR TRACT 7388 PHASE 2 - 2 -
Tract 7388 is under the scope of the Program Environmental Impact Report that was certified for the 2005 City of Shafter General Plan Update pursuant to Resolution No. 05-1738. This action is administrative activity related to Tract 7388 that will not result in direct or indirect physical changes to the environment that have not already been disclosed and therefore, is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
There is no alternative to consider. Approving and executing the public improvements agreement is required to record the map before the construction and acceptance of public improvements.
NEXT STEPS
Upon Council Authorization, staff will prepare the subdivision improvement agreement for the required signatures, allowing the tract map to be recorded.
ATTACHMENTS
1. 7388-2 Agreement to Public Improvements
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alan Cazares, Associate Planner
SUBJECT: APPROVAL OF FINAL MAP FOR TRACT NO. 7388, PHASE 2
FOR LENNAR HOMES OF CALIFORNIA, INC
RECOMMENDATION
Council find that the approval of the final map is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and approve the final map for Tract No. 7388, Phase 2.
BACKGROUND
Tract No. 7388, Phase 2 has an area of 2.18 gross acres and consists of 13 residential lots (see Exhibit 1). Tract No. 7388 Phase 2 is being developed by Lennar Homes of California, Inc. All improvements will be performed in accordance with the conditions of approval, City standards, and the approved plans for the development. No completed improvements have been accepted by City Council and will not be presented to the Council for acceptance until all are completed to the satisfaction of the City Engineer.
The developer has provided a performance bond equal to 100% of the engineer’s estimate, pending Council authorization. The developer has also provided a labor and materials bond equal to 100% of the engineer’s estimate. This is in compliance with the City’s Subdivision Ordinance (Municipal Code Title 16). The City of Shafter and the developer have signed an “Agreement for Completion of Public Improvements” that is on file with the City Engineer.
ANALYSIS
The City Engineer has reviewed the map and finds that it meets the requirements of the Subdivision Map Act, the Subdivision Ordinance, and the approved Tentative Tract Map with approved alterations thereof. The City Surveyor has signed the map stating it is technically correct. All Conditions of Approval shall be met prior to recordation.
FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of this final map. Indirectly, the approval may expedite the development of this residential tract. Development of residential projects typically results in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.
APPROVAL OF FINAL MAP FOR TRACT NO. 7388, PHASE 2 FOR LENNAR HOMES OF
CALIFORNIA, INC
- 2 -
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a final map and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment that have not already been previously analyzed and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
The Council could vote not to approve the final map and it would not be recorded. In accordance with Government Code §66458, Council can only deny approval of the final map if it is determined that the map does not comply with the local subdivision ordinance applicable at the time the tentative map was conditionally approved. The attached final map is consistent with the approved tentative map and complies with the City of Shafter Subdivision Ordinance. Therefore, Staff does not recommend the alternative option.
NEXT STEPS
If the City Council approves the final map, it will be signed by the City Clerk and subsequently recorded at the Kern County Recorder's Office.
ATTACHMENTS
1. Exhibit 1 - Vicinity Map
2. Tract 7388 Phase 2 Final Map
TRACT NO. 7388, PHASE 2 © COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED.
LOT "A" OF LOT LINE ADJUSTMENT NO. 18-67, CERTIFICATE OF COMPLIANCE DOC. NO. 218076247, O.R.
REMAINDER
LOT "B" OF LOT LINE
ADJUSTMENT NO. 18-67,
CERTIFICATE OF COMPLIANCE
DOC. NO. 218076247, O.R.
TRACT 7332, PHASE 1 BOOK 63 OF MAPS, PAGES 143-149, K.C.R.
TRACT 7332, PHASE 2 BOOK 64 OF MAPS, PAGES 67-78, K.C.R.
PUBLIC
SERVICES PARCEL
DOC. NO. 222187329,
O.R. TRACT 7115 BOOK 61 OF MAPS, PAGES 64-68, K.C.R.
TRACT 6773 BOOK 61 OF MAPS, PAGES 55-59, K.C.R.
TRACT 6982 BOOK 62 OF MAPS, PAGES 5-8, K.C.R. TRACT 7315 BOOK 62 OF MAPS, PAGES 107-111, K.C.R.
TRACT 7346, PHASE 2 BOOK 64 OF MAPS, PAGES 160-163, K.C.R.
TRACT 7388, PHASE 1 BOOK 67 OF MAPS, PAGES 30-44, K.C.R.
TRACT 7388, PHASE 1 BOOK 67 OF MAPS, PAGES 30-44, K.C.R. REGIONAL BASIN LOT 'S' OF TRACT NO. 7388, PHASE 1 LINE TABLE TRACT NO. 7388, PHASE 2
C 7TH STANDARD ROAD
FRIANT-KERN CANAL
C SOARING
HEIGHTS WAY
C STONE
CREEK
DRIVE
C COBBLE
CREEK DRIVE
C COTTON
CREEK DRIVE
C SOARING
HEIGHTS WAY © COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED.
C GOSSAMER
GROVE BOULEVARD
L
L
L
L
L
C GOSSAMER GROVE BOULEVARD L
L
L
N C GOSSAMER GROVE LBOULEVARD
C COBBLE
CREEK DRIVE
L
N C SOARING HEIGHTS WAY L
N
LOT 'A'
13 11
10 12
9 7 8
6 1
4 3
2 5
LINE TABLE RADIAL TABLE
CURVE TABLE
TRACT NO. 7388, PHASE 2 © COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED. N PUBLIC SERVICES PARCEL DOC. NO. 222187329, O.R. HICKORY VILLAGE FOREST VILLAGE DRIVE LANE TRACT 7388, PHASE 1 BOOK 67 OF MAPS, LOT 'H' 319 PAGES 30-44, K.C.R. 320
LOT 'Q'
LOT 'C' DRILL ISLAND
LOT 'P'
LOT 'R'
LOT 'S' REGIONAL BASIN
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alan Cazares, Associate Planner
SUBJECT: ADOPTION OF RESOLUTION APPROVING 2023 HOUSING AND
COMMUNITY DEVELOPMENT ANNUAL PROGRESS REPORT
RECOMMENDATION
Council adopt Resolution 2957, a Resolution of the City Council of the City of Shafter accepting the 2023 Housing Element Annual Progress Report attached as Exhibit "A"; and directing Staff to submit to State Office of Planning and Research, State Department of Housing and Community Development, and Kern Council of Governments.
BACKGROUND
None.
ANALYSIS
The Housing Element Annual Progress Report (see Exhibit "A" to Exhibit "1") is an informational report that details the status of the City's progress in meeting its share of regional housing production goals and implementing programs of the City's Housing Element. Government Code Section 65400(a)(2) requires the Council to consider the Report at a public meeting and submit the document to the State.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15306 (Class 6 - Information Collection) of the CEQA Guidelines because the action consists of basic data collection that do not result in a serious or major disturbance to an environmental resource.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
ADOPTION OF RESOLUTION APPROVING 2023 HOUSING AND COMMUNITY DEVELOPMENT
ANNUAL PROGRESS REPORT
- 2 -
The City Council could deny the proposed action, and the Resolution would not be approved. However, submitting an Annual Progress Report to the State without a Resolution approving acceptance of the Report by the City Council is not allowed by State statute and the Report would be denied by the State. Submittal of the Report is an annual requirement for compliance with the Housing and Community Development Department.
NEXT STEPS
Staff will submit the 2023 Housing Element Annual Progress Report to the Housing and Community Development Department (HCD) for review and compliance with Government Code section 65400. HCD will use the APR data to process the Streamlined Ministerial Application Processing (SB35) determination in June 2024.
ATTACHMENTS
1. Exhibit 1 - Resolution 2957
2. Exhibit A of Exhibit 1
EXHIBIT 1
RESOLUTION NO. 2957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER ACCEPTING THE 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT ATTACHED AS EXHIBIT “A”.
WHEREAS, the Housing Element Annual Progress Report (“Report”) has been prepared to comply with Government Code Section 65400(a)(2); and WHEREAS, the purpose of the Report is to provide information to the City Council, State Office of Planning and Research, State Department of Housing and Community Development, Kern Council of Governments, and public as to the status of the Housing Element programs, as well as mark the progress in meeting its share of the region’s housing needs; and WHEREAS, it has been determined that acceptance of the Report by the City Council is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15306 of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 19th day of March, 2024, resolved to accept the Report and direct the Planning Department to submit it to the State Office of Planning and Research, State Department of Housing and Community Development, and Kern Council of Governments.
PASSED AND ADOPTED THIS 19th DAY OF MARCH, 2024.
Chad Givens, Mayor
ATTEST:
Yazmina Pallares, City Clerk
Jurisdiction Shafter
Reporting Year 2023
Housing Element Planning Period 5th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
182
182
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 177 268
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 3 0
Mobile/Manufactured Home 0 1 0
Total 0 181 268
Infill Housing Developments and Infill Units Permitted # of Projects Units 66 176 176
182
182
182
0 Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
12/31/2015 - 12/31/2023
Very Low
Low
Moderate
1 Projection Period 34
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - 13 16 42 69 - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 26 8 6 5 19 11 2 2 -
Above Moderate 796 - 144 149 141 135 172 258 362 212 182 1,755 - 2,036
- 170 157 147 153 207 311 433 214 182 1,974 1,021
5 67
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
209 - - - - - - - - - - 209
286
Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 318
-
79 Moderate
417 426 397
140
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
417
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 19, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: ADOPTION OF URGENCY ORDINANCE 753, APPROVING AND
ADOPTING EXECUTION OF A FIFTH AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH SUBURBAN LAND
RESERVE, INC., 7th STANDARD RANCH INVESTORS, LLC, AND
LENNAR HOMES OF CALIFORNIA, LLC
RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; adopt Urgency Ordinance No. 753, an Ordinance of the City Council of the City of Shafter, California, approving and adopting execution of a fifth amendment to the Development Agreement by and between the City of Shafter and Suburban Land Reserve, Inc., 7th Standard Ranch Investors, LLC, and Lennar Homes of California, LLC.
BACKGROUND
The City and Suburban Land Reserve, Inc. entered a Development Agreement (DA) dated October 11, 2006 and recorded January 22, 2007 as Entry No. 0207015743 in the office of the Kern County Recorder. The current DA guides the development of the Mission Lakes Specific Plan (MLSP) area, including rules for subdivision and collection of impacts fees.
The City and Owners entered a first amendment to the DA dated December 21, 2021 and recorded January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder. The City and Owners entered a second amendment to the DA dated June 21, 2022 and recorded June 24, 2022 as Entry No. 222099036. The City and Owners entered a third amendment to the DA dated October 18, 2022 and recorded on October 21, 2022 as Entry No. 222158348. The City and Owners entered a fourth amendment to the DA dated September 26, 2023 and recorded October 4, 2023 as Entry No. 223120768.
The fourth amendment to the DA is set to expire on April 22, 2024, and the Owners have requested an additional extension to keep the DA active while the City and Owners negotiate a long-term DA extension or new DA. The City has offered an additional six (6) month extension to allow for negotiations. The extension would not change any conditions in the DA other than to extend the date of expiration to October 22, 2024.
ADOPTION OF URGENCY ORDINANCE 753, APPROVING AND ADOPTING EXECUTION OF A
FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH SUBURBAN LAND RESERVE, INC., 7th STANDARD RANCH INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC - 2 -
ANALYSIS
The proposed Ordinance has been prepared as an urgency measure pursuant to California Government Code Section 36937(b) to protect the public peace, health, and safety because the MLSP and DA are considered critical projects for the City and a lapse in the DA would have significant detrimental impacts which cannot be easily remedied by other methods.
Further, development of the property in accordance with the DA will provide substantial benefits to City and will further important policies and goals of City. Additionally, the DA eliminates uncertainty in planning and provides for the orderly development of the property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the property, and generally serves the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended. These reasons justify adoption of this Ordinance as an urgency measure to be effective immediately upon adoption by a four-fifths vote of the City Council.
A regular, non-urgency version of the Ordinance will be processed concurrently with the adoption of the Urgency Ordinance in the manner provided by the planning and zoning laws and the City of Shafter Municipal Code.
Staff brings the Urgency Ordinance to the City Council for your consideration about whether to grant the requested six-month extension of the DA to allow for time to prepare a long-term DA extension or new DA for the Council’s consideration at a future date.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
CEQA ANALYSIS
Per Section 15601(b)(3) (Common Sense) of the California Environmental Quality Act (CEQA) Guidelines, the action is exempt from CEQA because the environmental analysis for the original DA already analyzed and mitigated, to the greatest extent possible, environmental impacts as required by CEQA. The six-month extension because of this fifth amendment does not result in an intensification of the identified impacts beyond what was previously analyzed. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
The City Council could deny the proposed action, the DA would not be amended, and it would expire on April 22, 2024.
NEXT STEPS
ADOPTION OF URGENCY ORDINANCE 753, APPROVING AND ADOPTING EXECUTION OF A
FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH SUBURBAN LAND RESERVE, INC., 7th STANDARD RANCH INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC - 3 -
After approval of the amendment by the City Council, the next steps are to record the amendment and negotiate the terms of a revised or new DA.
ATTACHMENTS
1. Exhibit 1 - Urgency Ordinance No. 753
2. Exhibit A of Exhibit 1
3. Exhibit 2 - Recorded Fourth Amendment to DA
ORDINANCE NO. 753
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA, APPROVING AND ADOPTING EXECUTION OF A FIFTH
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC., 7th STANDARD
RANCH INVESTORS, LLC, AND LENNAR HOMES OF CALIFORNIA, LLC WHEREAS, the City of Shafter and Suburban Land Reserve, Inc., entered into that certain Development Agreement (“DA”) dated October 11, 2006 and recorded January 22, 2007 as Entry No. 0207015743 in the office of the Kern County Recorder; and WHEREAS, the current DA guides the development of the Mission Lakes Specific Plan (“MLSP”) area as described in Exhibit “A” (“Property”), including rules for subdivision, phasing of public improvements, and collection of impacts fees; and WHEREAS, the portions of the Property subject to the DA, in addition to Suburban Land Reserve, Inc., is now owned by additional parties, namely 7th Standard Ranch Investors, LLC, a California limited liability company, and Lennar Homes of California, LLC, a California limited liability company (“Owners”); and
WHEREAS, the City and Owners entered a first amendment to the DA dated December 21, 2021 and recorded January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a second amendment to the DA dated June 21, 2022 and recorded June 24, 2022 as Entry No. 222099036 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a third amendment to the DA dated October 18, 2022 and recorded on October 21, 2022 as Entry No. 222158348 in the office of the Kern County Recorder; and
WHEREAS, the City and Owners entered a fourth amendment to the DA dated September 26, 2023 and recorded on October 4, 2023 as Entry No. 223120768 in the office of the Kern County Recorder; and
WHEREAS, the fourth amendment to the DA is set to expire on April 22, 2024; and WHEREAS, the Owners have requested that the term of the DA be extended; and WHEREAS, City and Owners are currently negotiating a long-term extension of the DA; and
WHEREAS, the City desires to amend the DA to extend the term by six (6) months in order to allow sufficient time to conclude negotiations; and
Shafter City Council Ordinance 753
March 19, 2024
WHEREAS, in order to ensure the development of the Property takes place and the DA is implemented, this Urgency Ordinance is adopted to extend the DA immediately so that it does not expire and the City can continue to work with Owner in the implementation of the DA; and WHEREAS, the extension of the DA is for the immediate preservation of the public peace, health, and safety because the MLSP and DA are considered critical projects for the City and a lapse in the DA would have significant detrimental impacts which cannot be easily remedied by other methods; and
WHEREAS, development of the Property in accordance with the DA will provide substantial benefits to City and will further important policies and goals of City; and WHEREAS, the DA eliminates uncertainty in planning and provides for the orderly development of the Property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the Project, and generally serves the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended; and
WHEREAS, Owners have incurred and will in the future incur substantial costs to assure development of the Property in accordance with the DA; and WHEREAS, Owners have incurred and will in the future incur substantial costs more than the generally applicable requirements to assure vesting of legal rights to develop the Property in accordance with the DA; and
WHEREAS, this Urgency Ordinance is adopted pursuant to California Government Code section 36937(b) and shall take effect immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, the amendment to the DA is consistent with the General Plan of the City of Shafter (“General Plan”) and the MLSP and contains all necessary elements required by Government Code section 65864 et. seq. and Title 15 of the City of Shafter Municipal Code as no substantive changes are proposed by the amendment; and
WHEREAS, the City Council of the City of Shafter has reviewed and studied the amendment to the Development Agreement and found it to comply with the California Environmental Quality Act (“CEQA”) as more fully described below.
THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adopts the recitals in this Urgency Ordinance as Urgency Findings for its adoption. Based on the entire record before the City Council of the City of Shafter (“Council”) and all written and oral evidence presented to the Council, the Council finds the fifth amendment to the DA attached here to as Exhibit “A” (“Fifth Amendment”) is consistent with the General Plan and the MLSP area and systematically implements the goals and objectives of the General Plan and MLSP.
Shafter City Council Ordinance 753
March 19, 2024
A. The Fifth Amendment is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and the MLSP. The Fifth Amendment will not be detrimental to the health safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to the general welfare of the residents of the City as a whole.
B. The Fifth Amendment will not adversely affect the orderly development of property or the preservation of property values.
C. The Fifth Amendment eliminates uncertainty in planning and provides for the orderly development of the Property, ensures progressive installation of necessary improvements, provides for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, et seq. of the Government Code are intended.
D. The Fifth Amendment is consistent with the provisions of Government Code sections 65864 through 65869.5 and Title 15 of the Shafter Municipal Code.
SECTION 2. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council hereby finds and determines, that it can be seen with certainty that adoption of this Urgency Ordinance and approval of the Fifth Amendment will not have a significant adverse effect on the environment. Thus, the adoption of this Urgency Ordinance and approval of the Fifth Amendment is exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) of the CEQA Guidelines.
SECTION 3. The Council hereby approves the Fifth Amendment in substantially the form presented to the Council, together with such additions favoring the City and non-substantive revisions as may be approved by both the City Manager and the City Attorney during execution of the Fifth Amendment.
SECTION 4. The City Manager is hereby authorized to execute the Fifth Amendment on behalf of the City and City staff is authorized to take any action and execute any and all necessary documents to implement the Fifth Amendment.
SECTION 5. The City Clerk is directed to record the Fifth Amendment with the Kern County Recorder, no later than 10 days after the Fifth Amendment is fully executed.
SECTION 6. This Ordinance shall be in full force immediately upon its passage.
SECTION 7. A summary of this Ordinance shall be published in the manner required by law.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2024. _____________________________
Chad Givens, Mayor
Shafter City Council Ordinance 753
March 19, 2024
ATTEST:
___________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney
Shafter City Council Ordinance 753
March 19, 2024
EXHIBIT “A”
FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
Attached behind this page
RECORDING REQL]ESTED BY,
AFTER RECORDING RETURN TO
City of Shafter
Attn: City Clerk
336 Pacific Ave.
Shafter, CA93263
Exempt frorn filing fees per Gov't Code $27383
(space abovefor Recorder's use)
FIFTH AMENDMENT
TO
DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER
AND SUBURBAN LAND RESERVE, INC.
This FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SHAFTER AND SUBURBAN LAND RESERVE, INC. ("Fifth Amendment") is entered into effective as ofthe _ day of 2024 (*Fifth Amendment Effective Date"), by and between CITY OF SHAFTER, a California municipal corporation and charler city ("City") and SUBURBAN LAND RESERVE, INC., a Utah corporation, 7d' Standard Ranch Investors, LLC., a California limited liability company, and Lennar Homes of California,LLC, a California limited liability company ("Owners"). The City and Owner are sometimes hereinafter referred to as a uPafiy" or the "Pafties".
RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a Califomia municipal corporation and charter city, and Suburban Land Reserve, Inc., aUtah corporation, dated October 17,2006, recorded January 22,2007, as Entry No. 0207015743 in the office of the Kern County Recorder ("Development Agreement").
B. The Development Agreement affects certain real properly located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference ("Property")
C. The Parties entered into a first amendment to the Development Agreement dated December 21, 2021 and recorded on January 6, 2022 as Entry No. 222002581 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until July 6,2022.
D. The Parties entered into a second amendment to the Development Agreement dated June 21,2022 and recorded on June 24,2022 as Entry No.222099036 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22,2022.
E. The Parties entered into a third amendment to the Development Agreement dated October 78,2022 and recorded on October 27,2022 as Entry No.222158348 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until October 22, 2023.
F. The Parties entered into a fourth amendment to the Development Agreement dated September 26,2023 and recorded on October 4, 2023 as Entry No. 223720768 in the office of the Kern County Recorder, binding the additional Owners and extending the Development Agreement until April 22,2024.
G. The Parties now wish to amend the Development Agreement to extend the term for six (6) months from the date of expiration.
AMENDMENTS
NOW, THEREFORD, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, City and Owners agree to amend the Development Agreement as follows:
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.
2. Term. Section 2.3 of the Development Agreement is hereby amended to read as follows:
'oThe term of this Agreement shall expire as of October 22,2024, unless this term is rnodified or extended in writing by the Parties."
3. Confirmation. Except as amended and revised by this Fifth Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this Fifth Amendment and the Development Agreement, this Fifth Amendment shall control. This Fifth Amendment rnay be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, City and Owner have executed this Fifth Amendment as of the Fourth Amendment Effective Date.
[Signatures and Aclcnow ledgments Foll owJ
oo
OWNERS:
SUBURBAN LAND RESERVE, INC., a Utah
corporation
Name:
7ft Standard Ranch Investors LLC., aCalifornia
limited liability company
By:
Name:
Its:
LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By:
Name
Its:
CITY
CITY OF SHAFTER, a Californiamunicipal
corporation and charter city
Chad Givens
City of Shafter Mayor
ATTEST:
Yazmina Pallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
By
Its
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, ,of of that document.
STATE OF UTAH
COI.INTY OF KERN
tr before ^", f'twvilryn t' Niclfin Lo ,Notary
)
)ss.
)
On
Public, personally appeared Trtlp,v L, h v/-w<rlA , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the authorized capacity(ies), and that byhis/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. wfal. of€*&fub
//a'tI certify underPENALTY OF PERruRY underthe laws of the State that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
@
N
OWNERS
SUBURBAN LAND RESERVE, INC., A UtAh
corporation
By:
Name:
Its:
7th Standard Ranch Investors LLC., a California
limited liability
By:
Name
Its:
O"P
&
LENNAR HOMES OF CALIFORNIA, LLC., A
California limited liability company
By:
Name:
Its:
CITY:
CITY OF SHAFTER, a Califomia municipal
corporation and charter city
Chad Givens
City of Shafter Mayor
ATTEST:
Yazmina Pallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, or validity of that document. t
STATE OF CALIFORNIA
COUNTY OF KERN
)
)ss
)
On Fobtua(\r M, .lateq ,before ffi€, V tn\o- ?*,-n.". Notary 'o 'a Public, personally appeared l-|,ot - .laAA izSar-t , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certi$ under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my and official seal.
Notary Public
VloU iolrtio
Notrry Publk . Crlifornia
Xcrn Ctunty
Comllrirll.n t 2#163A
Crmrn, Erlr* 29,2027
By:
Its:
By:
Its:
OWNERS:
SUBURBAN LAND RESERVE, INC., a Utah
corporation
Name:
7ft Standard Ranch Investors LLC., a California
lim ited liability company
Name:
LENNAR HOMES OF LLC., a
By:
Name:
Its:
CITY:
CITY OF SIIAFTER, a California municipal
corporation and charter city
Chad Givens
City of Shafter Mayor
ATTEST:
YazminaPallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
ACKNOWLEDGMENT
State of California
County of Fresno )
On March 6,2024 before me, Christine Collins. Notarv Public personally appeared Mike Miller
_,
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WTNESS my hand and official seal
@,^,
CHRISTINE COLLINS
Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid of that document.
EXHIBIT A
(Legal Description of the Property)
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Broeptilg therefro*n sli intrrafic Gsfly€yod m Tslrnoo GF &rtprnlt, € Odlwrro forFrffl0G lrr AEEiennnanl 0rd o0fllry8no0 lhrroof rscotded Hnrflnbsr ls" lgBs.ln ssok 0t89. ppgq I tEX, of Offfclrl ntcofite uhlrh htfrFasH em Sr hrllfry rrrnrmarlrgd a* dl ott. 'gns end othr fr$ffi and Stef,o{r* h1*ucrrbons" rnd hr rddlUcn thr$o enrDon dlorHn trydrognn, hdfilnt nhrogCn, rufun*. adfut Sn s.N#r errr Ur slthrf fiqsld or Uffi€ou$ fonml and any oftur lhdd-or grEForH rubatia-nnrE, ltprl g,r otprcwlm, olllry of rhann, and arry mhrcrg,tg ff dfiFr *ubttanaec prnilrsad ln a**qsl*thn thr*srrtth {'ltdro+athons"} h" eil or r.uder thr prrlrlssr, tosefiryr wlth dl dghtc, FrMqga*, driths arrd ruqFonslbllltieg tn any wry r*l*trd thotfits. t{" is rthnnwldg*d $rr $S$ r*tsruallnn i* lutly $at fgfth ln tha eoril.aygncr rrlernad to abo\ns ond fta,f tile lg rutfc.cl lo thil cFrivFT*ncp rnd nor eubfect tu tHc swrrmlry whhh ls for c$rffefllonta qnly, Ssld Andgilrnent ilnd Conreyonce w.er clrrtfiud by Flmt rdrnendmgfit lttgreof reeorded Jnnutnrf 17, t$BE!, in Book SIOO, Pa0 lgO8, sf Offielal Fccarde.
Ptrc;l *: {f,i11g, CIgl^ t g0'04.t}0-Iand 0$1. l$O- lt}-OGgl All th6t Fsrrdpn sl thf Erst hrlf sf $is Florlhwest qutrter ol Sactiprr lfi, Tuwnship 2S Ssuth, Rongo ?$ Eugt, Moumt trbbfo ltteitdlffi,. In tlt9 rrtlncorpotlt€d area of lhil County ol Kcrn $tsra ol cnllfumh, ficrordlng lo tht slflslrl Fff,l tharsof, $ilng *outharlf of ilre nsrtlrurfy lino rnd nsrthurly af th* €onlsrfns ol tho Csllowty Carul, or sald norifierlI linc of *rid Cmal h hercln*ltst &*crtbrd; rad thrt p*rtien ol thp Easil hf,ff sf eald Ssction 2S lying southsilT gf rhe norrhgly lim oil the Crllto$cry Cnnrl, aCd nonherty fine belng dagcribsd as follaurs:
Eegirning or a Foint on dtt Wost [rE ql saH Sefrn 2-S,648.1Ftfict So{.rrt 1o3{1" WeEt Itmm tfre northwcgt sofnor rf nr{d Sssflffi Xft thrnEs So{nh fil !A.gl Eist 4t$.g4 fecfi rhsffie soufi GSDr Eert SO6.ll f#fi thrricr 8flrflr f8s?{'Eril |OE8.$B lsBti thcncr Sotllh S7c*l*Easrt Sll.SSltrU ilrrmu So{flh nlsgt'Elst l948.6Bfco$ rhsncr Sor.ilh S?{?' Enn S[O.4G frsr tq r goftt 0u trq Elct St of rilld Smdm 18.
Srld Fnrcel hlidtqr h.rt tt nil |ffililil !!. lota 18,24, ZE fild SX ar drawn en tlrr $Cet trtrp of Lsndr ol l6rm CumtT tild Cnt'l}srry furmE $6sl1ffi Io, dEr€d.*mr e, f Sg4 rnd hhd Junfi ?, l8g4trt thc offlct of trr€ l(grn fiq,nry Rscordtr" hoogFtlrrg fiqmftom ft€t eettrln nr$d ai filon b,y tto 1-l0dr K6m Wfier Stor6,g6 OistrtFt, l GaBfinmtr rwtGralofr$c dffiEr lt @! Flrril Ordrr sl frnilnrurr$Em rnandod Aori fE, lgg$, |tr Fost 0!Se funa SAg, qf OtfrEid Rooordt. locamd h.ffi l[or$rarfi quuisr or -
nfid Ssat$sn lfir rprs psrdcdrdf dersibed r* folhws;
l*ginnhE at r polnt betrrg ffts fucrlsd mnrter ol lhE nnrtlrvrrm agfn6r aI altd Srctlm !S. fown*rlR 28 firuft, **nFs lF Eist, Hortrlt Hleh Hnddrn r ilfirnc! aloru Llorrh l0 o68'FA |. En*L efgF,OB ftstl Snncr Souh OnO I'OI' Wcs.t" I 88O. t S tstito a pqlnt fnsignrtod ryfl|A, r !q4q pnlrn cl ffit'nnlngi ftories Soutr FEof,E'fg" Er* 33.i8 fssti' luncc SCIrrthg4"gt'U7'lltsst".40.m lsef lfiencu tilordr 5Es2g'63rW0st.4O.OO fast
thence Flprth 34t'31,07'Eag, 4S.O0lssti thsneF $puth 55oe&'6$'East, 6-I.5 feet tc designalcd Folnt A, tho true poim sf be*innlng.
Alno srcrBllrg thtrefrarn all hrterc$s conreyad b fcrnscn Otl Comptnl', r Delawara surporadgn. in Agslgnrnent rnd Sonveyanre therenl rpcordsd Hq,vemher lS. lgBA,ln Bsok 8194. Fage I t ST, of Offield Fscords, which lfftCIr*nts san bs Driofly smmerized as all oll, gis and othgr llqpdd e$d Bflssryus frydruearbstun ond ln uddlrlon ther*tfi carbori dloxlda, hydrugen, hefium, nltrogtn, mgthsne. qilJlftff fin acch crue in Efthgt liguid or SflsBd.ts forrnl nnd any e*rar lguid or grsosug suhgtancet, hsfl! or othg]wlEg, sf Etry of thsrn, and eny rdnerels of othsr subgtannns p*uduuud ln scloclttlon lhlrowlrh I'Hydroqsrbong'l |fl, on or undetr th* prurtser, to$8ths[ wlth all rlgh!*, prlvhgur, dutips rnd rFsFondHlltlas ln any ruay rElated tfisreto. ll ie ecftnowlsdssd fiat thls rfisiv.Btior i* fully sgt forfi in rhe sorrvsyana€ rgfsred ts tbo{e and thsl ttth i$ su$nct ro thrt cfinuryilnsa arrd not sribleet to lhlg sumrfl{ry whlch ig fot convorienca only. Said Asslgnm{nt End Co*vt"f arno sras clarilled by first Amsndm*nt thrreol recor*sd January 17, lg8$, in HCIsk 6IOS, Psgs t S$8, of Offlcial Records,
. Frrcel 3: IAPH$: tlB I -l gO'20{0-S;0CI t - | g0-!S'O0-S;OS t-l S0'2E.OO.E and 0gr-t 90"30.CI0-71
Tlrra East half *l $srthn 34, Townshlp ZS Snuth, Rang+ EE East, i,torrrl Diablo Merldian, fn thr unimofpmated argo of th* eounry cl l{em, Stars sl falliarnia, according ts thg o{ficlal plat thereol,
Exe*Btirtg rhgt*frqrn all intarosrs conveynd to Talrneso OII Cornprny, s Dslau$ilra csrpsratitrn, in As+ignrnent arld Conveyanc* thsrssl rscordpd Nouarnber I S. 1988, in Bsok 6183" Fage 1 167, of Offlcial Hscords. which intsrpstr nsn b,E lr{ully tumnraritad as all oil. gas and sth*r liguld and gasssur hydrocarbofis, tnd Fl addltlsn thqreto earb+n dioxldo. lrydrogen, hFliuFr. nilf$gafl, ffiGlhiln!!, stllfur lln clch ccss ln clth€t liquitl ur gasGous forml and any srhga liquid or ga$+ou$ st^t steficsc, inart ol olhefwl$s, 0f trtlt sl thcm. and any fninerot$ Or 0th€r subctqncef Fr,sducsd in nssouiation therEwllh ("l"lydrocarbgng"l ln. cn st undEr ths preml$ss. togsther with sfl rights. prlvldegnl, duties and responslbilriEs in any wey relued thorsto. lt lc ncknowledgad rhat lhin rssorvafion ts fullr sst lorth in ths f;orlvsyence rtfrrrsd to abova snd that titlt b subigfl to that csnugvsrus *nd net sublgst to ttris surrlrfiiry which i] 16r csfivgnignct onh" $ald Asligrurtgnt €nd CowByEnEs yvas clarifiad hy First ArneRdrnerrt th€raof racordsrt Januery 17. 1989. in Book 83O0" Fage I so8, of Olfie{al Facord*.
Farcel 4 ; l,{Ftl$: OS T - I 9O-3r -O04; O9 !' I 90-3?-OO'S; 09 1 - I EO'3 3'00-6 & ost-1g0"34"ossl
l-ots 1 ttuotrgh $2, inctuslve, o{ Ssslion 36, Townelfp 28 Sstrdl. Fwrge IS E*st, $i[ounf Oiablo f,flrrldian, ln the wfnco*Fretgd arqs sl fis Gourty af Ktrn, $trts ol Eatifqrnie, er drswn on tlra Sdar tubp of Lrnde of H.sm Cflgtty land CompioT, ds.ted Apill,*, 18gl4 rnd liled May ?, l8g4ln the offies ol tha Kstn County Focorilcr.
Excapdng tharEfrmr *lt inHsr!* conttawd to Trnnsce Oil Cornprny, a Sol*were *orporetion tn Aadgrrmenl end Gan'tr*'lrancs thtrgal racordod Nov*r$sr 18, t9fl8, in Bogk GIES, Fegt I lE7, ol Offlalnl Has*ords. whlsh lmlr*sts can ha trlefly rumrnwlz*d sr rll oll, g*r and othr ltquld ard gnroou* lr1$raorrtmr*. md ln l&ll$on thBfsto carbtrr dlpxidr, irydrogan, hilhrlrr nluogan, m*thano, stdlu lln eaqh esse ln ulthsr llquld or f,iscor.t!| fuirnl ard rn1' sth'ff llquld or g,gffout aubmorc*1, inrt or cthrnvk{, of, sny of thsm, tnd nny mtnmafs nr other cub*tancas Flq&lcad ln aeffi'dstbn thuswith f .Hyfrocrrbonc*l kt, on sr
urldor thi Fr6rfil*e*, togafrtr with rl dghtc, prfuiloge+ dudss and roeporulbillthr ln rny wry rsleted thgrsto. *t l$ rchnowladgod that tltl* rnssrvsthn lr hdty sst ftrlh ln fi+ esFvsyancs.rsfsrrsd lo abova snd tltdt rl$a l* s.qtrr to tfirt oonrieyance *rd not sublgct to tftis nrnmsry wl$ch i* for aolwenisnce onty. $ald Arsigwnnff snd Sonvgyaflcg ws,F clarlllsdlyfrrt {ryardmsr{ tnsrsof rstrorded Janunty 17, lg8g,ln Book 8XS11, Fage lg0g, of Olllclal Hacatdc.