STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
LESSEE'S ACCESS
RIGHTS
CONDITION
OF PREMISES
TERMINATION
AND INJUNCTIVE
RELIEF
HOLD OVER
UTILITIES
REGULATION
BY STATE
7. During the term of this Lease, STATE hereby grants to LESSEE and its contractors, agents, employees, representatives or licensees, the non exclusive temporary right to access, at any and all times and at any and all places, upon STATE lands and easements identified as the Premises. LESSEE has acquired or shall acquire all access rights for the lands not owned by STATE, at LESSEE's own expense.
8. (a) LESSEE has visited and inspected said Premises and it is agreed that the Premises stated herein, and on the attached Exhibit "A", is not described using a legal description and that the description is approximate. It is also acknowledged by all parties to this Lease, that the Premises will be leased "as-is" and the STATE does not warrant or guarantee the condition of the system, its pipelines, ponds, dams, equipment and appurtenances included hereunder. (b) LESSEE agrees, pursuant to the "Surrender of Premises" clause of this Lease, to surrender up to STATE the Premises with any real property improvements therein, in at least the same condition as when received, reasonable use and wear thereof and damage by act of God, or by the elements excepted.
9. The parties to this Lease hereto recognize that the Premises leased hereunder is part of a wastewater system, regulated under the California Water Code, and that termination of this Lease is not practicable nor feasible as it would render an essential utility service inoperable, with no alternate means readily available to STATE and LESSEE to diSpose of their effluent that is not in violation of their other.permit obligations. Therefore, the parties to this Lease have deleted any reference herein to termination of this Lease for breach, and instead expressly agree that injunctive relief to cure any actual or threatened breach is appropriate, and agree that either party shall be entitled to seek equitable injunctive relief from a court of competent jurisdiction to enforce compliance with the obligations hereunder. Neither party shall be entitled to defend such action on the basis that injunctive relief is improper, or that monetary damages are adequate. In the event of a violation of an injunctive order issued under this provision, in a subsequent proceeding to enforce the injunction, a court may, should it deem it appropriate, issue an order terminating the lease thereafter, on such terms as may be just and which will not work undue hardship on the parties to this Lease.
10. Any holding over after the expiration of said term or any extension thereof, with the written consent of STATE , shall be deemed a tenancy only from month to month. Otherwise, the terms and conditions specified in lease shall remain applicable.
11. LESSEE agrees to pay at its sole cost and expense any and all water, electric, gas and other utility charges or any other charges payable in connection with LESSEE's use of said Premises during the term of this Lease. No utilities will be provided by STATE and STATE assumes no liability for the existence or nonexistence of utilities.
12. LESSEE agrees to cooperate with the MCSP and or Preston to ensure that activities conducted on the Premises, or persons brought onto the Premises to conduct such activities, do not interfere with the orderly operation of the facilities.
LESSEE: ARSA Page 3 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
AGREEMENT TO 13. LESSEE hereby agrees to continue to operate the Premises in accordance REGULATE with those guidelines found within the Agreement for Wastewater as outlined in the attached Exhibit "B".
IMPROVEMENTS 14. (a) STATE hereby grants to LESSEE the right to, at its sole cost and expense, improve the Premises. Said improvements include but are not limited to, installing, operating, maintaining, repairing and removing and or demolishing components of the wastewater system. Additionally, LESSEE shall keep the Premises fully functional and operational, in accordance with generally accepted and recommended practices and procedures and in compliance with all applicable federal, state and local laws and regulations, any and all improvements including, but not limited to any pipelines, valves and valve boxes, ponds, dams, equipment, pipes and pipelines, valves, wells, pumps, electrical panels, meter socket and wiring or other improvements existing on the Premises or constructed upon the Premises by LESSEE.
LIENS
LESSEE: ARSA
(b) LESSEE hereby assumes, at its sole expense; without limitation, the cost of any necessary improvements as defined in paragraph (a) immediately preceding this paragraph of this Lease, as well as environmental impact reports, engineering reports, government permits, or any other applicable regulatory compliance items.
(c) Prior to making any needed improvements to the Premises, LESSEE shall submit plans, specifications, and/or drawings, as applicable, in writing to the STATE. LESSEE and shall receive STATE's written consent to proceed with such improvements. Said consent will not be unreasonably withheld. (d) LESSEE agrees that in no event shall STATE be required to perform any maintenance on or make repairs or alterations to the leased Premises of any nature whatsoever.
(e) When making any necessary excavation on the Premises, LESSEE shall make such excavation in a manner that will cause the least damage to the surface of the ground, and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition as existed prior to said excavation as practicable.
15. (a) During continuance in force of this Lease, LESSEE shall keep the leased Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by LESSEE and shall indemnify, hold harmless and defend STATE from such liens and encumbrances arising out of any work performed or materials furnished by or at the direction of LESSEE or contractors of LESSEE. Notice is hereby given that STATE shall not be liable for any work or materials furnished to LESSEE on credit and no mechanic's or other lien for any such work or materials shall attach to or affect STATE's interest in the leased Premises based on any work or materials supplied to LESSEE or anybody claiming through LESSEE. LESSEE shall within thirty (30) days after being furnished a notice of filing of any such lien, take action, whether by bonding or otherwise, to remove or satisfy any such lien.
(b) STATE shall have the right at all times to post and keep posted on the leased Premises any notices, that STATE deems proper for its protection and the protection of the leased Premises and STATE from liens. If, nevertheless, any
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NOTICES
such lien shall be recorded, LESSEE shall, within sixty (60) days after notice from STATE, pay, settle, or otherwise release such lien, or deposit into escrow with a reputable bank or trust company in California a sum sufficient to satisfy such lien, in full. In the event of unsuccessful termination of any litigation in connection with such lien and under the terms of which it shall be obligated to pay such lien upon the unsuccessful termination of such litigation, then, upon the failure of LESSEE to comply with said requirements, STATE may pay or otherwise dispose of said lien, or defend, settle, or compromise any lawsuit brought to foreclose the same, in its sole discretion, and all amounts so paid by it or any loss sustained by STATE on that account, including reasonable amount for its attorney's fees, shall be repaid to STATE and shall be in addition to any other payments by way of rents, or otherwise, required under the terms of this Lease. A failure to pay any such sum within thirty (30) days after mailing of bill therefore to LESSEE shall constitute a breach of this Lease.
16. (a) All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below.
(b) All such notices or other communications shall be deemed received upon the earlier of (i) if personally delivered or sent by overnight courier, the date of delivery to the address of the person.to receive such notice, (ii) if mailed as provided above, on the date of receipt or rejection, when received by the other party if received Monday through Friday between 6:00a.m. and 5:00p.m. Pacific Time so long as such day is not a state or federal holiday and otherwise on the next day provided that if the next day is Saturday, Sunday, or a state or federal holiday, such notice shall be effective on the following business day.
STATE:
To the LESSEE: ARSA
Attn.: Rob Duke General Manager
18 Main Street
Sutter Creek, CA 95685
(209) 267-5647 (phone)
To the DGS: Department of General Services
Real Estate Services Division-SOLD (L-2070)
707 Third Street, MS 505
Post Office Box 989052
West Sacramento, California 95798-9052
(916) 375-4025 (phone)
To CDCR: California Department of Corrections
Attn.: Warden
Mule Creek State Prison
4001 Highway 104
Sutter Creek, CA 95685
(209) 274-5225 (phone)
California Department of Corrections
Attn.: Superintendent
Preston Youth Correctional Facility (PYCS) 201 Waterman Road lone, CA 95640
LESSEE: ARSA Page 5 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NOTICES (209) 274-8102 (phone)
(CONTINUED) (c) The address to which notices may be mailed as aforesaid to either party, may be changed by written notice given by subject party to the other, as hereinbefore provided; but nothing herein contained shall preclude the giving of any such notice by personal service.
SUBLETTING
RECOVERY OF
LEGAL FEES
17. LESSEE shall not assign this Lease in any event and shall not sublet the leased Premises or any part thereof and will not permit the use of the leased Premises by anyone other than the LESSEE without prior written consent by the STATE.
18. If action is brought by any parties to this Lease for any breach hereof, or to restrain the breach of any agreement contained herein, the prevailing party in such action shall be entitled to the amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action.
PARTNERSHIP 19. LESSEE, and any and all agents and employees of LESSEE, shall act in DISCLAIMER an independent capacity and not as officers or employees of STATE. Nothing herein contained shall be construed as constituting the parties to this Lease herein as partners.
• HOLD HARMLESS 20. (a) This Lease is made upon the express condition that STATE is to be free from all liability and claims for damages by reason of any injury to any person or persons, including LESSEE, or property of any kind whatsoever and to whomsoever belonging, including LESSEE, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any occupancy hereunder, except those arising out of the sole negligence of STATE.
INSURANCE
LESSEE: ARSA
(b) LESSEE agrees to defend, indemnify and hold harmless STATE from all liability, loss, cost or obligation on account of or arising out of LESSEE's use and/or occupancy of the Premises during the Lease term or any such injury or loss, however occurring.
(c) LESSEE further agrees to provide necessary Workers Compensation Insurance for all employees of LESSEE upon said Premises at the LESSEE's own cost and expense.
21. STATE acknowledges that LESSEE is self-insured in whole or in part as to any of the below described types and levels of coverage. LESSEE shall provide STATE with written acknowledgment of this fact at the time of the execution of this Lease. Said acknowledgement shall contain the STATE Lease Number, L-2070. lf, at any time after the execution of this Lease, LESSEE abandons its self-insured status, LESSEE shall immediately notify STATE of this fact and shall comply with all of the terms and conditions of this "Insurance" clause pertaining to policies of insurance in regard to those types and levels of insurance as follows:
COMMERCIAL GENERAL LIABILITY
LESSEE shall maintain general liability with limits of not less than $1,000,000 aggregate for bodily injury and property damage liability combined.
The policy shall include coverage for liabilities arising out of Premises, operations, independent contractors, products, completed operations, personal & advertising
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the LESSEE's limit of liability.
The policy must include State of California, Department of General Services, LESSEE, and their officers, agents, employees and servants as additional insureds, but only insofar as the operations under the Lease are concerned.
AUTOMOBILE LIABILITY
LESSEE shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident for bodily injury and property damage. The State of California and Department of General Services are to be additional insured with respect to liability arising out of all vehicles owned, hired and non-owned.
WORKERS' COMPENSATION
LESSEE shall maintain statutory workers compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Lease, including special coverage extensions where applicable. Employer's liability limits of $1,000,000 shall be required, and the policy shall include a waiver of subrogation in favor of the State of California.
GENERAL REQUIREMENTS
LESSEE shall ensure that the following general requirements are met:
(a) Insurance Companies must be acceptable to Department of General Services, Office of Risk and Insurance Management.
(b) LESSEE shall provide STATE with a true copy of the policy in place providing coverage for General Liability, within thirty (30) days after each insurance policy renewal.
(c) Coverage needs to be in-force for complete term of this Lease. If insurance expires during the term of the Lease, a new certificate must be received by the STATE at least ten (10) days prior to the expiration of this insurance. This new insurance must still meet the terms of the original contract. (d) Insurance policies shall contain a provision that coverage will not be cancelled without thirty (30) days prior written notice to STATE. (e) LESSEE is responsible for any deductible or self-insured retention contained within the insurance program.
(f) In the event LESSEE fails to keep in effect at all times the specified insurance coverage, STATE may, in addition to any other remedies it may have, terminate this Lease upon the occurrence of such event, subject to the provisions of this Lease. (g) Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by STATE.
It is agreed that STATE shall not be liable for the payment of any premiums or assessments on the required insurance coverage.
LESSEE: ARSA Page 7 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NON-DISCRIMINA- 22. LESSEE agrees that it will not discriminate against any employee or TION applicant for employment because of race, color, religion, ancestry, national origin, sex, age or physical handicap. LESSEE agrees to take action to ensure that applicants for employment and employees are treated during employment without regard to their race, color, religion, ancestry, national origin, sex, age or physical handicap. (See California Government Code Sections 12920-12994 for further details.)
Remedies for willful violation:
(a) STATE may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgment having the effect from a court in an action to which LESSEE was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that is has investigated and determined that the LESSEE has violated the Fair Employment Practices Act and has issued an order pursuant to the appropriate provisions of the Government Code.
(b) STATE shall have the right to seek appropriate legal relief, whether monetary or injunctive, as a result of said breach, and consistent with the provisions of the "Termination and Injunctive Relief" clause of this Lease.
AMERICANS WITH 23. Where applicable, LESSEE shall comply with all federal requirements DISABILITIES ACT established under the 28 Code of Regulations, Part 36, Americans with Disabilities Act, to ensure the Premises is accessible to all participants and to provide equally effective communications.
LOSSES 24. STATE will not be responsible for losses or damage to personal property, equipment or materials of the LESSEE and all losses shall be reported to STATE immediately upon discovery.
DEBT LIABILITY 25. STATE will not be liable for any debts or claims that arise from the
DISCLAIMER
TAXES /
ASSESSMENTS
PROTECTION OF
PREMISES
operation of this Lease.
26. LESSEE agrees to pay all lawful taxes, assessments, or charges which at any time may be levied upon interest in this agreement. It is understood that this lease may create a possessory interest subject to property taxation and LESSEE may be subject to the payment of property taxes levied on such interest.
27. No removal of soil in excess of five (5) cubic yards, or dumping of refuse by LESSEE, except for transport of wastewater as contemplated by this Lease, is permitted in any area of the Premises, and LESSEE shall not commit or suffer to be committed any waste or nuisance upon the Premises; and LESSEE agrees not to cut or remove any trees, larger than four (4) inches in diameter and measured at three (3) feet in height, thereon except as approved in writing by STATE and LESSEE further agrees that at all times to exercise due diligence in the protection of the Premises against damage or destruction by fire or other causes.
PROPERTY 28. LESSEE shall comply with the following with respect to activities on the RESTRICTIONS Premises:
(a) LESSEE shall not permit hunting on the Premises but shall not be required to post "No Hunting" signs; and
LESSEE: ARSA Page 8 of 12 Lease No.: L-2070
STATE OF CALIFORNIA
AERIAL
APPLICATIONS
WEED ABATEMENT
ENVIRONMENTAL
COMPLIANCE AND
HAZARDOUS
WASTE
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
(b) Compliance to any and all rules and regulations by governing agencies to include EPA, Department of Health or local water quality board must be strictly adhered to; and
(c) Should LESSEE desire to use pesticides on the area (either herbicides, rodenticides or insecticides) all applicable Environmental Protection Agency (EPA) both state and federal, standards must be met and prior approval must be received from STATE as not all EPA approved pesticides will be permitted.
29. Any aerial applications of any pesticides on the Premises shall be in compliance with the California Food and Agriculture Code (FAC), Section 12972 and Title 3, California Code of Regulations (3 CCR), Section 6614.
LESSEE shall notify the Warden and Superintendent in writing within three (3) business days in advance, of any aerial application and a completed Material Safety Data Sheet (MSDS) shall accompany the notice. LESSEE shall ensure that there will be minimal to no drift over the prison site adjacent to the subject Premises. LESSEE shall insure that any aircraft used for any aerial application will not encroach into the airspace of the MCSP and Preston.
30. Any weed burning operations on the leased Premises will be carried out pursuant to local ordinances and at LESSEE's own cost and expense. LESSEE will inform MCSP and Preston in advance of any weed burning operations.
31. (a) Compliance. LESSEE shall be solely responsible for determining the applicability of and for complying with all applicable federal, state and local environmental, natural resources, zoning laws and regulations, including but not limited to CERCLA (42 USC 9601.14), SARA [42 USC 11021(e)], or Resources Conservation and Recovery Act of 1976 (RCRA), Pub. L. 94-580 (1976), 42 USC 6901 et seq. and amendments, including the Hazardous and Solid Waste Amendments of 1984 (HSWA), Pub. L. 98-616 (1984), with respect to LESSEE's activities on the Premises. LESSEE agrees that it shall comply with all applicable laws, federal, state, and local, existing during the term of this Lease pertaining to the use, storage, generation, treatment, transportation, and disposal of LESSEE's hazardous substances (including petroleum and petroleum derivatives) as that term is defined in such applicable law.
(b) Copies of Materials. LESSEE shall maintain copies of Material Safety Data Sheets (MSDS) and hazardous waste manifests, if any, for all hazardous materials used or transported on or from the Premises. MSDS and manifests shall be provided to the CDCR Facilities Management Division upon its request. If LESSEE is required to prepare a Business Plan, as specified by Health and Safety Code Section 25500 et seq., or a Hazardous Waste Contingency Plan, as specified in 22 CCR 66264.51 et seq., then a copy of the plan shall be submitted first to the Facilities Management Division for review and written approval. (c) Spill Reporting; Cleanup. Any spill or release of a hazardous substance or material to the air, soil, surface water, or groundwater will be immediately reported to STATE as well as to appropriate government agencies, and shall be promptly and fully cleaned up and the Premises (including soils, surface water, and groundwater) restored to its original condition or such condition as approved by the applicable government agency with jurisdiction.
LESSEE ARSA Page 9 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
SURRENDER OF
PREMISES
(d) RCRA Facility Prohibited. LESSEE shall not apply to become a "permitted" RCRA hazardous waste storage or disposal facility on the Premises. (e) Inspection. STATE or its representatives reserve inspection rights pursuant to the "STATE's Rights to Enter" clause of this Lease.
Termination. Any violation of federal, state, or local environmental law by LESSEE, which continues unaddressed for a period of thirty (30) days from the date LESSEE receives notice of such violation, shall be grounds for STATE to pursue specific performance and injunctive relief in accordance with the "Termination and Injunctive Relief" clause of this Lease. STATE shall not have the right to pursue remedies under said clause if LESSEE commences addressing the violation within such thirty (30) day period and, thereafter, diligently pursues remediation of the violation,
(f) Indemnification by LESSEE. In addition to any other indemnity set forth herein, LESSEE shall fully indemnify, defend, and hold harmless STATE and its agents and representatives for any violation of environmental, hazardous waste, hazardous materials (including petroleum and petroleum derivatives), and/or natural resources law caused by LESSEE or LESSEE's agents or representatives.
Furthermore, LESSEE shall reimburse the STATE for any and all costs and liability related to investigation, clean up, settlement amounts, and/or fines, including attorneys' fees, incurred by the STATE for such violation. (g) Indemnification by STATE. In the event a government order is issued naming LESSEE as a potentially responsible party, or LESSEE incurs any other loss, cost, expense (including attorney's fees) or liability during or after the term of the Lease in connection with contamination which pre-existed LESSEE's obligations and occupancy under this Lease, or which was caused by STATE, STATE will hold harmless and defend LESSEE in connection therewith and shall be solely responsible as between LESSEE and STATE for all efforts, liabilities, losses, costs and expenses therefore, including attorney's fees. LESSEE shall have the burden of proof that the condition pre-existed the LESSEE's use and occupancy of the Premises or was caused by STATE.
32. (a) All personal property and equipment that is nonessential to the wastewater operations on the Premises shall be removed by LESSEE, at its sole cost and expense within thirty (30) days after expiration or termination of LESSEE's tenancy.
(b) Should LESSEE fail to remove said nonessential personal property and equipment within thirty (30) days after expiration or termination of the Lease, STATE may do so at the risk of LESSEE. Upon written demand by STATE, LESSEE shall immediately pay all costs and expenses associated with the removal of said property belonging to LESSEE.
(c) LESSEE may, however, with written consent of STATE, abandon in place any arid all of LESSEE's nonessential personal property and equipment, whereupon, as abandoned, title to said improvements will vest in STATE.
LESSEE: ARSA Page 10 of 12 Lease No.: L-2070
STATE OF CALIFORNIA
RELOCATION
DEPARTMENT OF GENERAL SERVICES
.REAL ESTATE SERVICES DIVISION
33. In the event that Court should terminate this Lease for a refusal to obey an injunctive order as provided in the "Termination and Injunctive Relief' clause of this Lease, LESSEE acknowledges and agrees that it has no claim against STATE for Relocation Payments, Relocation Advisory Assistance, or costs pursuant to the Government Code sections 7260 et seq, or any regulations implementing or interpreting such sections. LESSEE further agrees that it has no claim in either law or equity against STATE for damages or other relief should the Lease be so terminated, and waives any such claims it may have.
STATE'S RIGHT TO 34. During the term of this Lease, there shall be and is hereby expressly ENTER reserved to STATE and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Premises for survey, inspection, or any other lawful STATE purposes.
EASEMENTS AND 35. This lease is subject to all existing easements and rights of way. STATE RIGHTS OF WAY further reserves the right to grant additional public utility easements as may be necessary and LESSEE hereby consents to the granting of any such easement, as long as such easement does not interfere with the operations of LESSEE's established uses. If the right to grant such easement is exercised, the public utility or their contractor will be required to reimburse LESSEE for any damages caused by the construction work on the easement area.
MINERAL RIGHTS 36. LESSEE agrees not to interfere, in any way, with the interests of any person or persons that may presently, or in the future, hold oil, gas, or other mineral interests upon or under said Premises; nor shall LESSEE, in any way, interfere with the rights of ingress and egress of said interest holders.
BINDING 37. The terms of this Lease and covenants and agreements herein contained shall apply to and shall bind and inure to the benefit of the heirs, representatives, assigns and successors in interest of the parties to this Lease hereto.
UNDERGROUND 38. LESSEE shall be responsible for maintaining all underground utilities to UTILITIES include all pipelines connecting to the Premises.
39. Time is of the essence for each and all of the provisions, covenants and ESSENCE OF TIME conditions of this Lease.
CLAUSE 40. All clause headings contained herein are for convenience of reference only HEADINGS and are not intended to define or limit the scope of any provision of this Lease.
WAIVER
SEVERABILITY
41. If STATE waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed to be a waiver of that or any subsequent term, covenant or condition. Failure by STATE to enforce any of the terms, covenants or conditions of this Lease for any length of time shall not be deemed to waive or decrease STATE'S right to insist thereafter upon strict performance by LESSEE. Waiver by STATE of any term, covenant, or condition contained in this Lease may only be made by a written document properly signed by an authorized STATE representative.
42. If any term, covenant, condition, or provision of this Lease or any application thereof, to any extent, is found invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Lease will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law.
LESSEE: ARSA Page 11 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
This Lease contains all currently enforceable agreements between STATE and LESSEE. In addition, this Lease and with Exhibit B are intended to be compatible and work together and collectively supersede all prior agreements between STATE and LESSEE. There have been no representations by STATE or understandings made between STATE and LESSEE other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties to this Lease hereto.
IN WITNESS WHEREOF, this agreement has been executed by the parties to this Lease hereto as of the date written below.
STATE OF CALIFORNIA
DIRECTOR OF DEPARTMENT OF
GENERAL SERVICES
By:
TONY
PZAIDAS, M nager
State Owned Leasing & Development
707 Third Street, MS-505
West Sacramento, CA 95605
(916) 375-4025
e z 03 4e)
Execution Iate
Consent:
DEPARTMENT OF CORRECTIONS
By:
DEBORAH
f-(YSEN,' Chief Deputy Secretary
Facility Planning, Construction, and Management
Approved as to form:
CALIFORNIA 'PARTMEJ4 OF ORRECTIONS
AND REHA S ATIONe
OFFICE F AL AFF/AIRS
By:
qH)R-167
i/
ANBEIRIG, Senior Staff Cpunsel
A1forney for CDCR'
LESSEE: ARSA Page 12 of 12
LESSEE:
AMADOR REGIONAL SANITATION AUTHORITY,
a Joint Powers Authority
Date Signed
Approved as to form:
MCDONO UGH HOLLAND & ALLEN
-tA GC,f
HA RIET STEINER
Attorneye-for ARSA
Approval Recommended:
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
State Owned Leasing andDevelopment
By:A 4 --- PAMELA DYER,
Associate Real Estate Offic r
Lease No.: L-2070
10/22/2008 15:67 9162551 DESIGN SERVICE, PAGE 02/16
EXHIBIT A
SUTTER C*REEK - ONE OUTFAL L
WASTEWJER
RECLAMAT IoN PROJECT
SUPPLEMENT '4,12
TO
APPEND IX L
OF
AMAD DR COUPTY
WASTEVATER MANASEMENT PLAN
NOVEMBER. 1977
PROJECT ND_ 75-0995
"G"
3300 LP
20 PRESTON
RES RVO(R
PREST ON
rArN•4
LAN OS t
°VCR
LAND
FLOW
F
DVE"' RSION
<INcLuDE-Ds fricAbvion)(5 CENERGY Disi tP.P\TOR
; • E"'--ir1 ).`
12,000 L.F. iB"--24-"Ø
PRESTON
FOREBAY
CHLORINATION
‘/"-- PLANT
• tPRESTON
SCHOOL OF
INDUSTRY .
,
•
' F),000 •F 12"0*
f4r
HENDERSON
RE ERVOJR
L
900
OPEN DITCH
(TOW OE REPLACCD,
WITH 900 L.F. 2.4 I .
• I
'A" \
/17OOL.E20 ;-"WF9L,F.
AMADOR CITY
1 SUT TER CREEK \
TREATME N T PLA,T
SUTTER CREEK :\:1
011,7 FALL , •
):PROFOECI PRESTON OIVERS>N" \GE NERATI WWI KS 'L. tirc UNIT
NOT TO SCALE
I MARTELL_
SERVICE
,AREA
A R GON4UT
HE.10 H • zt
SUT
CREcor
c
ti
JACKSON:
- SUTTER CREEK- IONE OUTFALL PROJECT
, FACILITIES NVENTORY -
1 EXHITB
AGREEMENT TO REGULATE USE OF HENDERSON/PRESTON WASTEWATER
DISPOSAL SYSTEM
This agreement is made this day of ,),t,isiber/, 2007, by and between the California Department of Corrections and Rehabilitation, a California State Agency ("CDCR"), the City oflone; a municipality formed pursuant to the laws of the State of California ("lone"), and the Amador Regional Sanitation Authority, ajoint powers agency forr:.ed pursuant to the laws of the State of California ("ARSA") (collectively, CDCR, Tone, and .24.RSA, shall be referred to as the "Parties"). The Parties hereby agree as follows:
WHEREAS, as settlement of past litigation, lone and ARSA entered into an agreement and grant of easement entitled "Preston Farmlands Wastewater Disposal Contact and Grant of Easement" dated July 30, 1990 ("1990 Settlement Agreement"); and, WHEREAS, the 1990 Settlement Agreement has been amended or assigned by the parties to the 1990 Settlement Agreement; and,
WHEREAS, this agreement will reallocate and govern the wastewater disposal rights and obligations among the Parties, but will not alter the 1990 Settlement Agreement, any and all amendments thereto, and any agreements implementing the 1990 Settlement Agreement, as those agreements govern the relationship and obligations between lone or ARSA and any developer of the Preston Farmlands, as referred to in the agreements and amendments, and their successors and assigns and except as those agreements govern the relationship and obligations between lone or ARSA and the present and future owners, operators, and lessees ofthe Castle Oaks Golf Course and their successors and assigns; and, •
WHEREAS, pursuant to the 1990 Settlement Agreement, as amended, lone was required to pay ARSA an annual payment (currently $20,000.00), which payment lone in turn imposed on Castle Oaks Golf Course. The Parties intend to eliminate such fee for lone and for Castle Oaks Golf Course by not including it herein as part of this agreement; and, WHEREAS, this agreement does not extend to, or otherwise affect, Portlock International, Ltd. 's obligation to pay for operation of the lone Tertiary Plant, which obligation ends December 31, 201.3 and is governed by other agreements; and, WHEREAS, CDCR owns a series of pipelines and reservoirs, including Henderson Reservoir, Preston Forebay and Preston Reservoir, each of which is interconnected so as to allow the transport of water and or wastewater from a point of diversion along Sutter Creek to the Preston Reservoir, in lone, California ("Henderson/Preston System") (described in Exhibit 1); and, WHEREAS, CDCR and ARSA have in place a lease agreement whereby A_RSA has the right to use the Henderson/Preston System, subject to the terms and conditions contained therein, which lease expires in July 2008 ("ARSA/CDCR Lease"); currently ARSA uses the Henderson/Preston System to transport ARSA's secondary-treated wastewater to Preston Reservoir and then to lone for treatment, disposal and use; and, Portind3-1597887.2 0037969-00001 1
WHEREAS, ARSA and CDCR intend to execute a new lease or extend the existing ARSA/CDCR lease governing the use ofthe Henderson/Preston System. The or extended lease will be for thirty (30) years. With regard to the lower system (as hereinFiter described), the lease will contain a five (5) year cancellation clause that can be invoked by either party, subj eel to ARSA's continuing obligations to suppfy secondary treated wastewater to tl:e CDCR's Preston Youth Correctional Facility and te• maintain CDCR's water right from Sutter Creek, which obligations shall remain in effect unaffected by any such cancellation as will their rights to usage to the extent necessary to carry out those obligations; and, WHEREAS, this agreement will govern the relationship and respective rights between the Parties with regard to the Henderson/Preston System; and, WHEREAS, the upper Henderson/Preston System as referred to in this agreement includes the parts of the Henderson/Preston System from the °titian ofthe Sutter Creek Treatment Plant to Preston Youth Correctional Facility, including all pipelines, rights of way, reservoirs, water rights, etc; and,
WHEREAS, the lower Henderson/Preston System as referred to in this agreement includes the components ofthe Henderson/Preston System from below Preston Forebay to the outfall ofthe pipeline where it enters Castle Oaks property, including Preston Reservoir; and, WHEREAS, ARSA will continue to deliver effluent to the lone tertiary plant subject to the five-year termination clause provided herein in sections 8a and 8b; and, WHEREAS, CDCR operates Mule Creek State Prison ("MCSP") and the Preston Youth Correctional Facility, both located within lone City limits, and which two facilities along with the California Department ofForestry utilize the wastewater treatment plant at MCSP for their wastewater disposal; and,
WHEREAS, lone operates two wastewater treatment plants,.a portion of one treatment plant is located within the boundaries of lone providing secondary level treatment of wastewater, and the other located in Amador County providing tertiary treatment of wastewater; and, WHEREAS, each of the Parties' wastewater disposal systems are interrelated and interconnected; and,
WHEREAS, all ofthe Parties wish to work together to achieve a solution that addresses their respective wastewater needs,. and,
WHEREAS, a water balance study was conducted by Lee and Ro, Inc. and completed on April ii, 2007 to determine the amount, if any, of surplus disposal capacity that currently exists in the Henderson/Preston System; and
WHEREAS, the water balance study resulted in an estimated surplus capacity that is allocated pursuant to this agreement.
Portlitc13 - 1597887.2 0037969-00001 2
IT IS AGREED by and among the partic:s hereto as follows:
I. • Pursuant to the water balance and on the effective date of this agreement, the • surplus capacity described above is allocated and each party's total allowable discharge to Preston Reservoir is as follows:
•
Total Allowable Discharge to
Henderson/Preston System
ARSA 650 acre-feet (af)
CDCR 350 af (counted against AIZ.SA's 650 af
disposal amount)
lone 150 af (this amount is essentially a negative
capacity amount to the extent that it
relieves Ione ofthe obligation to take this
amount from the other Parties)
2. lone shall be obligated annually to accept from ARSA/CDCR a combined total of 650 af of secondarily treated wastewater for disposal. The method and location of disposal shall be the concern and obligation oflone.
3. CDCR may dispose of up to 350 af (increased from its cun•ent allowance of 130 .af) oftreated wastewater into Preston Reservoir annually. CDCR's 350 af allowance shall be counted against ARSA's 650 af disposal right.
4. The effluent discharged to Preston Reservoir must be in compliance with the Waste Discharge Requirements established by the Regional Water Quality Control Board for the discharging party, and shall not contain constituents that cause the lone tertiary plant to violate its Waste Discharge Requirements. Each party agrees to share all non-privileged wastewater effluent quality data with the other parties including monthly, quarterly, and annual reports submitted to the Central Valley Regional Water Quality Control Board. This information shall be furnished in a timely fashion to permit the City of lone tertiary plant staff to evaluate potential impacts to operation ofthe plant. If requested, data shall be transmitted by facsimile or email.
Such requests shall include all public information and shall not be limited to monitoring data that the party is required to provide pursuant to its Waste Discharge Requirements.
5. Unless otherwise agreed upon by the parties, discharges from Preston Reservoir to lone, on a monthly basis, shall be as follows:
a. October] through March 31st: discharges shall be limited to 10 af per month;
b. April 1through September 31st: discharges shall be limited to 95 af per month; and Portlad3 -1597887.2 0037969.00001 3
c. The above limitations may be waived by agreement of the pubes in the event of an emergency and where neces:.....try for the prevention of environmental damage or civil liabilities attendant to wastewater violations, and in such event and prior to any deviation from these limits the parties agree to meet and confer and lttempt to reach mutual agreement regarding the exceedance am ,,unts necessary to accomplish the prevention or mitigation ofthe emergency.
6. Subject to five-year termination clauses in secti ins 8a and 8b, in any year, ARSA and CDCR will continue to provide effluent from Preston Rese:voir to the lone tertiary plant for use on the Castle Oaks. Golf Course, if such effluent is available. As provided for in the 1990 Agreement, as amended, Castle Oaks Golf Course will continue to utilize wastewater treated at the lone tertiary plant prior to using water from any other source until December 31, 2013.
7. From the effective date of this agreement, ARSA agrees to eliminate all flows to lone's secondary treatment ponds within four years. ARSA holds existing deeded disposal rights; transmittal rights, and rights of way and easements, to dispose of 1300 acre feet of treated effluent on the former Noble Ranch (County Assessor parcel npmbers: 011330001501; 011330002501; and 011330003501) comprising approximately 850 acres of arable ranch land.
A golf course resort has been entitled to be constructed on the property to be known as "Gold Rush Golf, LLC." A mitigated negative declaration for this project, including effluent disposal options, was adopted February 18, 2003, under City of Sutter Creek Resolution Number 02-03-
27. Portions ofthe project have been constructed (e.g. conduit construction under the Highway 49 Bypass) and the remainder will be completed prior to the four-year deadline described in this section. The completion of the effluent disposal options are independent ofthe construction of the golf course resort project.
8. This agreement will be in effect for thirty (30) years from the time of its enactment, subject to the following:
a. With regard to the lower Henderson/Preston System, ARSA agrees to eliminate all flows to the lower Henderson/Preston System within five years of receiving a written request to this effect from Tone, CDCR., or MCSP. Such written notice may only be given after lone and CDCR have resolved how to provide adequate reclaimed water for both Castle Oaks Golf Course and Preston Youth Correctional Facility. Such resolution may include completing any necessary environmental review pursuant to CEQA for the new source of water; a. contract between the new provider of water, MCSP, lone, the golf course operator; and any necessary permits of modifications to existing permits pursuant to the Porter-Cologne Water Quality Control Act (Cal. Water Code, §§ 13000 et. seq.). b. ARSA shall have a right to cancel all discharges to the lower Henderson/Preston System five (5)years after it gives written notice to lone and CDCR of its intent. ARSA agrees to work with the Parties to PortInd3- 1597887.2 0037969-00001 4
attempt .to coincide its withdrawal with the Gilley parties' ability to find an alternat t, water source.
9. Beginning January 1, 2015, each party whose wastewater is being treated at the lone Tertiary Plant agrees to p.Jy a proportionate share of the terthAly plant operation and maintenance costs based on t amount of flows the party contrib. is to the tertiary plant. If any ofthe parties has withdrawn ilows prior to 2014, that party will have no such operation and maintenance obligation. Each party's "proportionate share" will be defined by the JPA proposed herein, if it is formed. Ifthe :,.?A is not formed, "proportionate shae" will be defined by joint agreement ofthe Parties. To 'fie extent that additional treatment, b ...yond what the discharging party is required to perform, is necessary to allow recycled water vie of water treated at the lone Tertiary Plant, that party will A01 be required to pay for such additional treatment, unless required under this agreement. Where the tertiary treated water from the lone Tertiary Plant is sold to a recycled water user, the revenue generated from the sale will be distributed to the Parties in proportion to the amount of waterthe each party contributed to the tertiary plant.
10. MCSP shall endeavor to reduce its wastewater disposal into Preston Reservoir as soon as possible by implementing projects, which may include some or all ofthe following:
a. Installing flushometers on toilets located in cells at MCSP; and b. Installing shower timers; as able, at MCSP.
In addition, CDCR shall conduct a preliminary feasibility study to determine the cost and feasibility for CDCR to increc.se the Preston Reservoir Dam height by sixteen (16) inches, increasing the capacity of the reservoir thereby.
11. To implement the provisions ofthis agreement, the Parties may prepare implementation memoranda, as opposed to amendments to this agreement, unless all Parties agree an amendment is necessary. Such implementation agreements may be executed by authorized representatives ofthe Parties.
12. The Parties to this agreement agree to explore and work towards creating a Joint Powers Authority to develop a sub-regional wastewater master plan for the lone Valley. This plan may involve the followivg element:
a. Developing a permanent source ofreclaimed water for the Castle Oaks Golf Curse, Preston -Youth Correctional Facility and other potential reclaimed water users within the lone area.
h. Developing a master plan and joint projects to improve the treatment and disposal capabilities ofthe MCSP and lone wastewater facilities. c. ARSA's participation in the JPA will end when ARSA's discharges to the lower Henderson/Preston System end pursuant to sections 8a and 8b of this agreement.
Portinc13- 1597887.2 0037969-0000) 5
13. Each ofthe Parties shall work to obtain all necessary permits, apprDvals,.and authorizations to carry out this agreement in compliance with all pertinent Federal, State, and local laws and regulations.
14. In the event of a breach or default ofthis agreement, the aggrieved party will give written notice to the other parties within ten (10) days. After receiving such writ en notice, the .Parties will meet and confer in an attempt to bring the violating party into compli Ince with this agreement. If, after meeting and conferring, the Parties fail to agree upon a plan *c.,..) bring the violating party into compliance, the parties may pursue meditation or other means agreed upon by the parties, including other remedies available by law.
15. Such non-performance provisions shall not apply ifthe nature ofthe breach or default is the result of a force majeure occurrence or is otherwise of a nature such that it cannot be fully cured within thirty (30) days, the party in default shall have such additional time as is reasonably necessary to cure the default so long as the party in default is proceeding diligently to complete the necessary cure after service of written. notice by a non-defaulting Nifty.
16. Each party retains any and all remedies it may have at law or in equity against each and every party hereto for breach of any duty established by this agreement.
17. Invalidation of any ofthe provisions contained in this agreement, or of the application thereof to any party by judgment or court order, shall in no way affect any ofthe other provisions hereof or the application thereof to any other party and said agreement shall remain in full force and effect except for the invalidated provision. .18. This agreement may be amended only by written instrument signed by all the parties.
19. Any notice to any party shall be in writing and by fax or email and given by delivering the notice to such party in person or by sending the notice by registered or certified mail, return receipt requested with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are:
City:
ARSAPortIn(13-3597887.2 0037969-0000
City Manager
City oflone
Post Office Box 398
lone, CA 95640
Rob Duke
General Manager
18 Main Street
Sutter Creek, CA 95685
6 CDCR: Warden
Mule Creek State Prison
4001 Highway 104
lone, CA 95640
Either party may change its mailing address at any time by giving written ange to the other parties in the manner prov;decl herein at least ten (10) days pr.; :Ikich change is effected. All notices shall be t-emed given, received, made or cm like delivery date or attempted delivery date shown on the return receipt.
20. Nothing contained in this agreement shall act as a prohibition on ti additional contracts and agreements by and between the Parties to further implem. intentions ofthe Parties.
Ake of such
to the date
nunicated on
formation of
.t the
21. Failure of a party to insist upon the strict performance of any ofthe ',,rovisions of ti:tis agreement by any other party, inespective of the length oftime for which suc;.!. failure • continues, shall not constitute a waiver ofsuch party's right to demand strict compliance by the other party in the future. No waiver by a party of an act constituting breach or de's. •ult shallibe effective or binding upon such party unless the waiver is made in writing by such ....arty, and no such waiver shall be implied from any omission by a party to take any action with respect to such breach or default under any provision ofthis agreement.
22. This agreement may be signed in counterparts, and shall have the s.:.ne force and effect as if all signatures existed on the same document.
Dated:
Approved as to form:
Dated:
l'ortInd3 - I597887.2 0037969-00001
CITY OF IONE
eny S emian
Mayo , City oflone
STOELL
By:
Timothy M. lay or
Attorneys for the City oflone
7 (9/18/2007) Rob Duke - PortInd ...:1597887_2.pdf Page aj Dated:
AnproN;: as to form:
Dated: q/c9( /åi
A RSA
By.
Rob D: :e
General. Manager
MCDO )11G 1-: HOLLAN57______LLEN
Dated; CD CR
Approved as to form:
arriet .,teiner
Attorneys for A RSA
-
By:
Deborah Hysen
Chief Deputy Secretary
Facilit y Planning, Construction, and Ivinagemcnt
CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABLrPATION, OFFICE OF LEGAL
AFFAI RS
Dated: By:
Chris Swanberg
Senior Staff Counsel
Attorneys for CDCR
Portind3 -I S97887.2 003796M000 8
Dated:
Approved as to form:,
ARSA
By:
Rob Duke
General Manager
MCDONOUGH HOLLAND •• ALLEN
Dated: By:
Haniet Steiner
Attorneys for ARSA
Dated:
Approved as to form:
Dated:
Portind.3-1597887.2 0037969-00001
CDCR
By:
Deborah Hysen
Chief Deputy Secretai y
Facility Planning, Corritruction, and Management
CAL1FO EPARTMET I OF COR 10 S
AND R ISTATION, Of..FICE 0 As"
AFF
hris Swanberg
Senior Staff Couns
Attorneys for CDC
8 EXHIBIT B
City oflone
July 19, 2017
Ms. Amy Gedney
Amador Regional Sanitation Agency
18 Main Street
Sutter Creek, CA 95685
Dear Ms. Gedney;
The lone City Council has reviewed the Regional Water Recycling Feasibility Study and has had the opportunity to discuss its recommendations with citizens during a recent Council meeting.
The consensus of the community was that a regional partnership on wastewater recycling was not in the best long-term interest of the City. As such, Council has asked me to provide ARSA with the five year notice to eliminate all flows to the lower Henderson/Preston system as per Section 8a of the 2007 Agreement to Regulate Use of Henderson/Preston Wastewater Disposal. lone is a growing community and that growth has made it possible for us and CDCR to supply all the reclaimed water needed by the Castle Oaks Golf Course. lone anticipates another 800 homes will be constructed in the future and we will need to find additional land to dispose of this effluent once it's treated. We anticipate that the Central Valley Regional Water Quality and Control Board (CVRWCICB) will require the City to line all of our wastewater ponds to eliminate percolation. This will increase our need for irrigable land. As for the requirement to provide treated effluent to the Preston Youth Facility, the State closed that complex in 2011. The State is in the process of disposing of the property so there is no longer a need to provide reclaimed water to it. I have requested a letter from CDCR stating that requirement is no longer necessary.
The City is proposing that ARSA eliminate all flows to the lower Henderson/Preston system by July 31, 2022. This gives your organization adequate time to complete the necessary effluent disposal projects on the former Noble Ranch. Section 7 of the agreement, states that ARSA will complete all the necessary construction to dispose effluent on the property prior to the deadline. The 2007 agreement also states that completion of the effluent disposal projects on the Noble Ranch property are independent of the construction of the golf course resort project. #1 Main Street • P.O. Box 398 • lone, California 95640-0398 209.274.2412 • Fax 209.274.2830 • www.ione-ca.com
The relationship between lone and ARSA has been a long one and beneficial but we think it will soon be unnecessary as our needs diverge and will be time to go our separate ways. Your comments and letters of intent to bring on other landowners for irrigation indicate that you are also moving in the same direction as lone. We wish you well on your construction projects. If you have any questions related to this letter, please feel free to contact me at lone City Hall. My telephone number is (209) 274-2412 Ext. 111.
Sincerely,
jon G. Hanken
City Manager
City of lone
cc: Ms. Deb Hysen, CDCR
Ms. Pamela Creedon, CVRWQCB
EXHIBIT C
Amador Regional Sanitation Authority
December 3, 2021
Via Email and Certified Mail
Michael Rock
Interim City Manager
City of lone
1East Main St.
P.O. Box 398
Tone, CA 95640
"Servicing Amador City, Martell, & Sutter
Creek"
Re: Lower Henderson/Preston Wastewater Disposal System
Dear Mr. Rock:
This letter addresses the vitally important and ongoing wastewater disposal arrangement among the Amador Regional Sanitation Authority ("ARSA"), the City of Tone ("City"), and the California Department of Corrections and Rehabilitation ("CDCR") (collectively, "the Parties").
We are sending you this letter now to confirm ARSA's right to dispose of secondarily treated wastewater through the lower Henderson/Preston System. For the reasons explained below, ARSA is legally permitted and will continue discharging secondary effluent to the lower Henderson/Preston System in accordance with its current contractual arrangement with the Parties.
Since 2007, the Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System ("2007 Agreement") has governed the Parties' rights and obligations regarding wastewater disposal through the Henderson/Preston System. As you are aware, the 2007 Agreement provides that ARSA may discharge, and the City must accept, annually up to 650 acre-feet of secondary effluent for disposal. CDCR may, solely through ARSA's existing outfall system and in strict compliance with its existing wastewater permit, discharge up to 350 acre-feet ofsecondary effluent annually, counted against ARSA's disposal right. Because CDCR's rights are derivative of ARSA's existing rights, the City must prioritize ARSA's discharges over those of CDCR's.
The 2007 Agreement remains in effect until 2037. The 2007 Agreement does contain limited termination provisions, but there are specific terms and conditions that must be strictly followed for such early termination due to the importance of the contractual relationship. Under Section 8a, if the City requests termination of ARSA's flows to the lower Henderson/Preston System, ARSA must be provided a five-year notice that meets specific conditions. Such notice 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer 21 may only be given after the City and CDCR have resolved how to provide adequate reclaimed water for the Castle Oaks Golf Course. On July 19, 2017, ARSA received a letter from the City requesting that ARSA terminate flows to the lower Henderson/Preston System. The letter claimed that the City's growth has made it possible for the City and CDCR to supply all the reclaimed water needed by the Castle Oaks GolfCourse.
At the time of the City's 2017 letter, however, the provision of adequate reclaimed water for the Castle Oaks Golf Course had not been resolved. In fact, that issue remains unresolved today. The Central Valley Regional Water Quality Control Board ("Regional Board") has identified concerns with the quality of Mule Creek State Prison's wastewater, including the presence ofvolatile organic compounds ("VOCs") in the prison's discharge. The Regional Board first identified these issues in 2018, and today the legality and safety of the prison's wastewater remain unresolved. On October 21, 2021, the Regional Board ordered additional monitoring and reporting requirements for VOCs under the waste discharge permits for all the parties, including the City and ARSA's shared permit governing ARSA's flows and the City's tertiary plant, and separately, CDCR's permit governing the prison's wastewater treatment plant. Additional assessment by the Regional Board is needed to evaluate the water quality impacts ofthe prison's wastewater discharges. This assessment could result in a final determination that CDCR cannot discharge to the City. For these reasons, the City and CDCR have still not demonstrated that adequate reclaimed water is available for the golf course.
Moreover, CDCR is not a permitted discharger under the City and ARSA's shared permit, Water Reclamation Requirements Order No. 93-240. This permit only allows wastewater treatment and reuse based on the flows from ARSA's outfall system to Preston Reservoir.
California Water Code Section 13264 and Order No. 93-240 require a Report of Waste Discharge to be filed with the Regional Board prior to any new discharge or making any material changes to any discharge. A material change includes the addition of major industrial waste discharges or discharges resulting in a change ofthe character ofthe waste. A Report ofWaste Discharge must first be filed and evaluated by the Regional Board to ensure that the prison's discharges are in compliance with all water quality laws and regulations. No reports or evaluations were in place as ofthe City's 2017 letter, and to our knowledge, none are in place now.
The City has therefore not fulfilled the conditions under Section 8a ofthe 2007 Agreement required for ARSA to eliminate flows to the lower Henderson/Preston System. The City has not resolved the provision of adequate reclaimed water to the golf course, which includes obtaining all water quality permits or permit modifications required by state laws and regulations. The 2007 Agreement thus remains in full effect until 2037, and ARSA is legally permitted and will continue to discharge to the lower Henderson/Preston System.
I am certain we both agree that water quality is vital for the safety and preservation of our respective communities. We value our long-term partnership with the City and look forward to maintaining it through the life of the 2007 Agreement. While we are always willing to discuss solutions that are reasonable and fair to all Parties, we feel it is important for the City to understand that ARSA will continue to dispose ofsecondary effluent to the lower Henderson/Preston System, in accordance with the 2007 Agreement and state laws and regulations.
Sincerely,
y Gedney
eneral Manager
Amador Regional Sanitation Authority
cc: ARSA Board
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
EXHIBIT D
Amador Regional Sanitation Authority
"Servicing Amador City, Martell, & Sutter
Creek"
December 3, 2021
Via Email and Certified Mail
Patrick Covello
Warden
California Department of Corrections and Rehabilitation 4001 Highway 104
P.O. Box 409099
lone, CA 95640
Re: Lower Henderson/Preston Wastewater Disposal System
Dear Mr. Covello:
This letter addresses the vitally important and ongoing wastewater disposal arrangement among the Amador Regional Sanitation Authority ("ARSA"), the City of lone ("City"), and the California Department of Corrections and Rehabilitation ("CDCR") (collectively, "the Parties").
We are writing to confirm ARSA's right to dispose ofsecondarily treated wastewater through the lower Henderson/Preston System. For the reasons explained below, ARSA is legally permitted and will continue discharging secondary effluent to the lower Henderson/Preston System in accordance with its current contractual arrangements with the Parties.
Since 2007, the Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System ("2007 Agreement") has governed the Parties' rights and obligations to discharge wastewater through the Henderson/Preston System. As you are aware, the 2007 Agreement provides that ARSA may discharge, and the City must accept, annually up to 650 acre-feet of secondary effluent for disposal. CDCR may, solely through ARSA's existing outfall system and in strict compliance with its existing wastewater permit, discharge up to 350 acre-feet ofsecondary effluent annually, counted against ARSA's disposal right. CDCR's ability to discharge to the City under the 2007 Agreement is therefore derivative of and subordinate to ARSA's disposal right, not independent ofit.
The 2007 Agreement remains in effect until 2037. Although there are limited rights to terminate the 2007 Agreement before 2037, CDCR has not taken the required steps to terminate, and the City oflone has not effectively done so, for the reasons set forth in the attached letter from ARSA to the City, which letter is incorporated herein. Because no Party has effectively taken steps to end the 2007 Agreement early, it remains in effect until 2037, and ARSA is legally permitted and will continue to discharge to the lower Henderson/Preston System. Any actions taken by CDCR to prevent, reduce, interrupt, interfere with, or circumvent ARSA's rights to do so would be inconsistent with CDCR's contractual obligations to ARSA. 18 Main St., Suffer Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer 21 In addition, CDCR leases the Henderson/Preston System to ARSA in accordance with the 2007 Agreement under Ground Lease No. L-2070. The Lease terminates on September 18, 2037, to coincide with the termination date ofthe 2007 Agreement. The Lease acknowledges that CDCR leases to ARSA infrastructure that facilitates an essential utility service, and termination of ARSA's flows to the lower Henderson/Preston System would leave no alternative means for disposal. The Lease expressly recognizes that the Henderson/Preston System is part of a wastewater system, regulated under the California Water Code, and termination ofthe Lease is not practicable nor feasible as it would render an essential utility service inoperable. Any actions taken by CDCR to prevent, reduce, interrupt, interfere with, or circumvent ARSA's rights to discharge to the Henderson/Preston System would be inconsistent with CDCR's contractual obligations to ARSA under the Lease. In the event of any actual or threatened breach of the Lease agreement, ARSA may seek equitable injunctive relief from a court of competent jurisdiction.
We value our long-term partnership with CDCR and look forward to maintaining it through the life of the 2007 Agreement and the Lease. While we are always willing to discuss solutions that are reasonable and fair to all Parties, we feel it important for CDCR to understand that ARSA will continue to discharge secondary effluent to the lower Henderson/Preston System, prior to any discharges from CDCR, in accordance with the contractual arrangements among the Parties and state laws and regulations.
Sincerely,
y Gedney
General Manager
Amador Regional Sanitation Authority
cc: ARSA Board
EXHIBIT E
RECEIVED
City of Sutter Creek
January 19, 2022
Amador Regional Sanitation Authority
Attn: Amy Gedney, General Manager
18 Main Street
Sutter Creek, CA 95685
Re: Lower Henderson/Preston Wastewater Disposal System
Dear Ms. Gedney,
The City of lone is in receipt of your letter of December 3, 2021, in which you address wastewater disposal arrangements among the Amador Regional Sanitation Authority ("ARSA"), the City of lone ("City"), and the California Department of Corrections and Rehabilitation ("CDCR").
When evaluating whether or not to send the 5 year notice the lone City Council considered the cost to the lone taxpayers, as is our fiduciary responsibility. It was determined that the losses lone had incurred due to this contract could not continue. We reviewed our water resources and determined that we could meet our water obligations with our existing and future resources.
The City has successfully provided adequate reclaimed water for both Castle Oaks Golf Couse over the past five years under our current permits and infrastructure. During the past few years, the City did not receive adequate flows from ARSA, was suffering from extreme drought conditions, and still managed to keep Castle Oaks Golf Course open with sufficient water. lone recognizes that ARSA may have some difficulty meeting the five-year deadline, and over the last four years lone has reached out to ARSA for the status of your project. The Wastewater Committee discussed ARSA at its meetings and lone staff reached out to ARSA with no response prior to your December 3, 2021, communication. The City is open to assisting ARSA with an extension of the five years however, this would require a new agreement with a new fee structure.
After a review of your letter the City disagrees with your analysis and reaffirms that the City intends to continue with our 2017 termination letter and cease services with ARSA as of July 19, 2022.
Sincerely,
Dan Epperson
Mayor, City of lone
cc: Michael Rock, Interim City Manager
Sophia R. Meyer, City Attorney
Councilmembers Plamondon, Wratten, Rhoades
EXHIBIT F
AmadorRegionalSanitationAuthority
"Servicing Amador City, Martell, & Sutter Creek"
January 28, 2022
Via Email and Certified Mail
Patrick Covello
Warden
California Department of Corrections and Rehabilitation 4001 Highway 104
P.O. Box 409099
lone, CA 95640
Re: ARSA Annual Wastewater Disposal
Dear Mr. Covello:
This letter concerns the Amador Regional Sanitation Authority's ("ARSA") annual wastewater flows to Preston Reservoir and the City of lone ("City"). ARSA will deliver secondary effluent through the lower Henderson/Preston System in accordance with the water balance and ARSA's rights under the 2007 Agreement, Waste Discharge Requirements Order No. 93-240, and Ground Lease No. L-2070 through at least 2037.
ARSA requires that its wastewater effluent will be accepted by the City prior to any effluent from CDCR. As explained in our letter dated December 3, 2021, the 2007 Agreement provides that CDCR's rights to disposal are derivative of ARSA's existing rights. Moreover, any direct discharges from CDCR to the City are not permitted by the Central Valley Regional Water Quality Control Board ("Regional Board"), as required by California Water Code Section 13264. As such, any action taken to prevent, reduce, interrupt, interfere with, or circumvent ARSA from delivering its effluent to the City is a breach ofthe 2007 Agreement.
In addition, under Ground Lease No. L-2070, CDCR leases to ARSA infrastructure that facilitates an essential utility service, and termination of ARSA's flows through the lower Henderson/Preston System is not practicable nor feasible. In the event of any actual or threatened breach of the Lease agreement, ARSA may seek equitable injunctive relieffrom a court of competent jurisdiction.
We believe the above course of action is imperative for public health and safety. We look forward to working with CDCR to protect regional water quality.
ey
eneral Mana
Amador Regional Sanitation Authority
cc: ARSA Board
18 Main Street • Sutter Creek, CA 95685 • TELEPHONE (209) 267-5647 • FAX (209) 267-0639 4 TTY 711
EXHIBIT G
AmadorRegionalSanitationAutho*
"Servicing Amador City, Martell, & Sutter Creek"
January 28, 2022.
Via Email and Certified Mail
Michael Rock
Interim City Manager
City of Tone
1 East Main St.
P.O. Box 398
lone, CA 95640
Re: ARSA Annual Wastewater Disposal
Dear Mr. Rock:
This letter concerns the Amador Regional Sanitation Authority's ("ARSA") annual wastewater flows to Preston Reservoir and the City of lone ("City"). ARSA will deliver secondary effluent through the lower Henderson/Preston System in accordance with the water balance and ARSA's rights under the 2007 Agreement and its Waste Discharge Requirements, Order No. 93-240, until at least 2037.
ARSA requires that the City will prioritize ARSA's wastewater effluent over any effluent from the California Department of Corrections and Rehabilitation ("CDCR"). As explained in our letter dated December 3, 2021, the 2007 Agreement provides that CDCR's rights to disposal are derivative of ARSA's existing rights. Moreover, any direct discharges from CDCR to the City are not permitted by the Central Valley Regional Water Quality Control Board ("Regional Board"), as required by California Water Code Section 13264. As such, any action taken to prevent, reduce, interrupt, interfere with, or circumvent ARSA from delivering its effluent to the City is a breach of the 2007 Agreement.
We believe the above course of action is imperative for public health and safety. We look forward to working with the City to protect regional water quality.
Sincerely,
Ai Gedney
General Manager
Amador Regional Sanitation Authority
cc: ARSA Board
82456.00000\34582945.2
18 Main Street • Sutter Creek, CA 95685 • TELEPHONE (209) 267-5647 • FAX (209) 267-0639 • TTY 711
EXHIBIT H
AmadorRegionalSanitation A11th0rio7
"Servicing Amador City, Martell, & Sutter Creek"
February 3, 2022
Via Email and Certified Mail
Michael Rock
Interim City Manager
City of lone
1 East Main St.
P.O. Box 398
lone, CA 95640
Re: ARSA Annual Wastewater Disposal
Dear Mr. Rock:
This letter concerns the Amador Regional Sanitation Authority's ("ARSA") annual wastewater flows to Preston Reservoir and the City oflone ("City"). ARSA will deliver secondary effluent through the lower Henderson/Preston System in accordance with the water balance and ARSA's rights under the 2007 Agreement and its Waste Discharge Requirements ("WDRs"), Order No. 93-240, until at least 2037.
ARSA requires that the City will prioritize ARSA's wastewater effluent over any effluent from the California Department of Corrections and Rehabilitation ("CDCR"). As explained in our letter dated December 3, 2021, the 2007 Agreement provides that CDCR's rights to disposal are derivative ofARSA's existing rights. Direct discharges from CDCR to the City are not permitted by the WDRs. The only legally permissible way for the City to receive wastewater from CDCR is through ARSA, in full compliance with the WDRs and the 2007 Agreement. Any action taken to prevent, reduce, interrupt, interfere with, or circumvent ARSA from delivering its effluent to the City is a breach ofthe 2007 Agreement and a violation ofthe WDRs.
With respect to the City's January 19, 2022 letter, ARSA disagrees with the City's claims that it has successfully provided adequate reclaimed water to Castle Oaks GolfCourse and that it did not receive adequate flows from ARSA. The City has not identified any valid factual or legal grounds for terminating the 2007 Agreement and the City would be in breach of the Agreement if it refuses to accept ARSA's deliveries as authorized under the Agreement. However, ARSA appreciates the City's offer to meet and discuss these issues. The parties should make a good faith attempt to resolve these issues through discussion and avoid unnecessary litigation.
ARSA's continued delivery of wastewater to the City is imperative for public health and safety.
We look forward to working with the City to protect regional water quality. erel
y Gedney
eneral Mana
Amador Regional Sanitation Authority
cc: ARSA Board
EXHIBIT I
RECEIVED
JUL Z5 2022
City of Sutter Creek
CITY OF IONE
1E. MAIN STREET
P.O. BOX 398
IONE, CA 95640
(209) 274-2412
July 20, 2022
Amy Gedney, General Manager
Amador Regional Sanitation Authority
18 Main Street
Sutter Creek, CA 95685
Dear Amy:
Per your request on July 11, 2022, and our ongoing discussions about a long-term agreement between the City of lone and ARSA I submit this letter with key points that are a basis for beginning formal negotiations on a long-term agreement with ARSA to accept wastewater effluent from Preston Reservoir to the City of lone Tertiary Plant.
1. The new term will be 5 years with an option for both parties to extend for two additional 5-year terms for a total of 15 years
2. ARSA must have retention ponds to deal with years where water must be stored. Heavy rainfall years should not result in releasing too much water but rather controlling the balance through storage ponds.
3. Strongly recommend ARSA divert water from the creek. This will give ARSA more options and flexibility in balancing the water throughout the year for all parties.
4. Strongly recommended ARSA dredge the bottom of Preston Reservoir as soon as practically possible and no longer than two years from the approval date of this new agreement
5. The City of lone will take the following range of acre feet per year from ARSA: 100-400
6. If the City rejects water from ARSA because of discharge violations that liability and cost is on ARSA to cure the problem
7. If ARSA cannot send the minimum 100 ac/ft per/year the financial penalty will be for every acre foot not delivered
8. If the City of one does not take the minimum 100-acre ft/year the City is fined foot every acre foot not taken if and only if the City can release the water to COGC without causing a violation of the City's WDR permit.
9. A flow meter must be installed at Preston Reservoir so that ARSA knows how much water it is discharging. This is required in ARSAs current WDR Permit
10. City strongly recommends ARSA cure the CDO currently on their WDR Permit If the City and ARSA immediately embark on negotiating a new agreement then the five-year notice to eliminate all flows to the lower Henderson/Preston system as per Section 8a of the 2007 Agreement to Regulate Use of Henderson/Preston Wastewater Disposal will be suspended until such time the new agreement is approved by the City and ARSA. If no agreement is achieved within eighteen months of August 1, 2022, then the five-year notice to eliminate flows will take full force and effect on February 1, 2024.
This letter is meant to be a strong starting point to negotiate a very detailed and long-term agreement that is intended to be beneficial to all parties affected by the outcome of this hopefully very successful partnership with ARSA. All the items listed above are negotiable and nothing is set in concrete.
I look forward to beginning the process of negotiating a new agreement that will benefit the City of lone, City of Sutter Creek, ARSA, COG C, CDCR and other affected parties.
Sincerely,
Michael Rock
Interim City Manager
City of lone, CA
EXHIBIT J
e<7-4441-
AmadorRegionalSanitationAuthority
"Servicing Amador City, Martell, & Sutter Creek'
July 29, 2022
Mr. Michael Rock
1East Main Street
P.O. Box
lone, CA 95640
SENT VIA EMAIL and CERTIFIED MAIL
Dear Michael:
Amador Regional Sanitation Authority ("ARSA") is in receipt of your July 20, 2022 letter.
As you know, ARSA has repeatedly objected to the City of Ione's ("City") attempted 5-year notice (-2017 Notice") under section 8a of the 2007 Agreement to Regulate Use of Henderson/Preston Wastewaster Disposal System ("2007 Agreement-). As recently as December 3, 2021, ARSA reiterated its position that, in no uncertain terms, City's supposed termination notice was void and invalid because it did not satisfy the conditions precedent for such a notice. The notice can only be given cifter the City and CDCR have resolved how to provide adequate reclaimed water for the Castle Oaks GolfCourse. For reasons further explained in that letter, no such resolution was made prior to the Notice.
Let me be clear, ARSA has always been, and continues to remain, even now, willing to embark on negotiating the terms of a potential new agreement consistent with the parties' existing rights under sections 18 and 20 ofthe 2007 Agreement. ARSA's position continues to be that the 2017 Notice is null, void, invalid, and of no legal force and effect and therefore, any purported "suspension" or extension ofthat illegal notice until Feb. I, 2024 is also void. ARSA's desire and willingness to cooperate and explore a new long-term agreement with the City does not, in any way, mean or imply that ARSA accepts and agrees to unilaterally-invoked termination date of February 1, 2024. ARSA continues to reserve all rights with respect to its objections to City's 2017 Notice and lack of compliance with Section 8a; and furthermore, pursuant to section 21 ofthe 2007 Agreement, ARSA has made no express, explicit, or waiver of its rights under the existing 2007 Agreement and maintains that any termination notice to date has not complied with Section 8a and that any future notice must comply with Section 8a.
With those points being made. ARSA is, willing to, "immediately embark on negotiating a new agreement" consistent with section 18 and 20 ofthe existing 2007 Agreement and consistent with our recent discussions over the last four months.
Please be advised that should the City refuse wastewater from ARSA via Preston Reservoir, or otherwise prevents ARSA from conveying flow through the lower system, ARSA is prepared to seek all remedies available to it under law, as provided in Section 14 and 16 ofthe 2007 Agreement. 18 Main Street • Sutter Creek, CA 9568.5 • TELEPHONE (209) 267-5647 • FAX (209) 267-0639 "•••---"x
AmadorRegionalSanitationAuthority
"Servicing Amador City, Martell, & Sutler Creek"
We trust that we have made our position very clear. ARSA will continue to meet and confer and explore improvements, but maintains its position that 2017 Notice is invalid and void and does not agree to any "suspended" notice until February 1, 2024.
Sincerely,
Amy Gedney
General Manager
Cc: ARSA Board
George Lee
18 Main Street • Slitter Creek, CA 95685 • TELEPHONE., (209) 267-5647 • FAX (209) 267-0639
EXHIBIT K
CITY OF IONE
1E. MAIN STREET
P.O. BOX 398
IONE, CA 95640
(209) 274-2412
August 16, 2022
Amy Gedney, General Manager
Amador Regional Sanitation Authority
18 Main Street
Sutter Creek, CA 95685
SUBJ: Response to ARSA Letter dated July 29, 2022
Dear Amy:
The City of lone is in receipt of your letter dated July 29, 2022.
Your letter purportedly responds to the letter from the City of lone dated July 20, 2022.
However, your letter did not respond to any of the ten talking points the City of lone offered as a starting point to negotiating a long-term Agreement with ARSA. Instead, your letter focused on ARSA's objection to the 5-Year Notice the City of lone sent to ARSA in 2017.
It is ARSA's assertion that the 5 -Year Notice is "void and invalid because it did not satisfy the conditions precedent for such a notice". However, if ARSA's assertion is correct (which the City of lone does not believe) then ARSA could have enacted Section 14 of the September 18, 2007, Agreement which allows for one party to give written notice to the other party that a breach of the Agreement has occurred. However, this did not occur, and ARSA did not send a written notice to the City asserting a breach within ten days of the five-year notice which states that ARSA will eliminate flows to the lower Henderson/Preston System.
Thus, it is the City of lone's position that the five-year notice is legal and valid and as of July 31, 2022, the City of lone is not obligated to receive any wastewater from ARSA's system.
However, the City wishes to cooperate with ARSA and CDCR in balancing the regional wastewater and will participate in crafting a long-term agreement that can satisfy all parties.
ARSA's desire to have a meeting to discuss water balances (emails from August 9-15, 2022) is puzzling. The City and ARSA have worked together for decades and suddenly there is an urgency to discuss water balances? The City sent its five-year notice five years ago last month and ARSA only started meeting with the City of lone and COGC a few months ago. Negotiating in good faith also includes negotiating in a timely and professional manner. This simply has not occurred with ARSA. ARSA continues to threaten litigation against the City of lone but now demands an urgent meeting to discuss the water balances.
The City of lone's position has been consistent. The City is willing to cooperate with ARSA in order to assist ARSA with its need to balance wastewater throughout the region. However, ARSA is not in a position to demand anything. The City of lone is not obligated (as of August 1, 2022) to accept any wastewater from ARSA. Thus, the City's cooperation is voluntary, and ARSA should act accordingly.
Sincerel
2.1 Michael Rock
Interim City Manager
City of lone, CA
EXHIBIT L
AmadorRegional Sanitation Authority
"Servicing Aniador City, Martell, & Sutter Creek"
September 8, 2022
Michael Rock
Interim City Manager
City of lone
1 E. Main Street
P.O. Box 398
lone, CA 95640
RE: Notice of Breach of Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System
Dear Michael:
Pursuant to the Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System dated September 18, 2007 ("Agreement"), the City of lone ("City") is obligated annually to accept a specified amount of wastewater from the Amador Regional Sanitation Authority ("ARSA") to the lower Henderson/Preston System until 2037. Although the City may terminate this obligation upon five years' notice, such right is expressly conditioned on the City (and the California Department of Corrections and Rehabilitation) having resolved how to provide adequate reclaimed water for the Castle Oaks Golf Course, which includes, but is not limited to, obtaining any necessary water quality permits or permit modifications required by state law. As detailed in my December 3, 2021, correspondence, a copy of which is enclosed for your reference, due to the City's ongoing failure to provide adequate reclaimed water for the golf course, any notice issued to date purporting to terminate the City's obligation to accept wastewater from ARSA is void and of no force and effect.
Over the past several months, the City has on more than one occasion refused to accept wastewater from ARSA, but later accepted those discharges. Since August 31, 2022, however, the City has refused to accept any wastewater from ARSA. Pursuant to paragraph 14 of the Agreement, ARSA provides this written notice that the City's refusal to accept wastewater from ARSA constitutes a breach of the Agreement, and ARSA is hereby meeting and conferring with the City in an attempt to bring the City into compliance with the Agreement. If the City continues to refuse to accept wastewater from ARSA in accordance with the Agreement, ARSA will have no choice but to pursue any and all available remedies under the law against the City in order to enforce ARSA's rights under the Agreement.
Sii erely
y Gedney
neral Manag
Amador Regional Sanitation Authority
18 Main Street • Sutter Creek, CA 95685 • TELEPHONE (209) 267-5647 • FAX (209) 267-0639 • ITY 711 1 5
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28 SHAWN D. HAGERTY, Bar No. 182435
[email protected]
MATTHEW L. GREEN, Bar No. 227904
[email protected]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, California 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
FRANK A. SPLENDORIO, Bar No. 272601
[email protected]
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento. California 95814
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
F
AMADOr• S,JPERIOR COURT
SEP 2 9 Z022
Attorneys for Plaintiff EXEMPT FROM FILING PEES PURSUANT AMADOR REGIONAL SANITATION AUTHORITY TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers
agency,
Plaintiff,
V.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, a California state
agency; and DOES 1 through 20, inclusive,
Defendants.
Case No. 22CV12824
Judge: Hon. J.S. Hermanson
DECLARATION OF DONALD BROWN IN
SUPPORT OF EX PARTE APPLICATION
FOR ORDER TO SHOW CAUSE AND
TEMPORARY RESTRAINING ORDER
Date:
Time:
Dept.:
Complaint Filed:
October 3, 2022
8:30 a.m.
1 September 20, 2022
82456.00002\40729105.1 - 1 -
DECLARATION OF DONALD BROWN
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1, Donald Brown, declare as follows:
I. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. lam the President ofAquality Water Management ("Aquality") and have more than 35 years of experience in the operations of wastewater treatment plants in California. Throughoui my career, my positions have ranged from wastewater treatment plant operator to wastewatei treatment facilities manager to operations consultant. I have been responsible for planning. organizing, and directing the operation and maintenance of wastewater treatment plants up to 3C million gallons per day. Through Aquality, I have provided operational assistance and consulting services to the Atnador Regional Sanitation Authority ("ARSA") for several years.
3. Among other services, 1 have assisted ARSA with various issues regarding thc discharge ofwastewater from Preston Reservoir into the City of lone's ("lone") Castle Oaks Watei Reclamation Plant for tertiary treatment. Since March 2022, lone has periodically complained abotn odor issues with the water from Preston Reservoir allegedly caused by high levels of hydrogen sulfide. Since that time, ARSA has been treating the water to address any odor issues.
4. 1 have reviewed correspondence from West Yost dated September 22, 2022. addressed to the Central Valley Regional Water Quality Control Board ("Regional Board-) on behalf of lone regarding the odor issues, among other related topics. On September 27, 2022. I submitted a response on behalf of ARSA to the Regional Board reflecting my opinions regarding the matter, a true and correct copy of which is attached as Exhibit "A" hereto.
I declare under penalty of perjury under the laws ofthe State ofCalifornia that the foregoing is true and correct.
Executed this 28" day of September 2022, at Sac mento, California. (ikvavr
DONALD BROWN
82456.00002\40729105.1 2
EXHIBIT A
WATER MANAGEMENT
September 24, 2022
Mr. John Baum
Assistant Executive Officer
Central Valley Regional Water Quality Control Board
11020 Sun Center Drive, No. 200
Via email: [email protected]
RE: West Yost letter dated 9/20/2022
SUBJECT: City of lone Acceptance of Secondary Effluent form Preston Reservoir into the City of lone Tertiary Plant.
Dear Mr. Baum:
Aquality Water Management (Aquality) has been retained to respond to the West Yost letter regarding concerns over acceptance of the treated wastewater from the Preston Reservoir into the City of lone Tertiary Treatment Plant. Aquality is familiar with the Amador Regional Sanitation Authority (ARSA) and the City of Sutter Creek Wastewater Treatment Plant having provided operational assistance and consulting services over the past several years.
While we understand the concerns over the nuisance odor situation, we feel that the cause and nature of the odors have not been thoroughly investigated and may have been exacerbated by the actions taken by the Operations staff at lone in an attempt to mitigate their operational concerns. The secondary effluent from the Sutter Creek Wastewater Treatment Plant discharged into the reservoir was fully compliant with the wastewater discharge permit as the board can see from the reports submitted. Therefore, the secondary effluent would be highly treatable with a tertiary treatment process and thus, ARSA would not be directly responsible for the issues.
The concerns that ARSA and Sutter Creek have are of a more serious nature. Should the City of lone continue to refuse to treat the water the reservoir will continue to rise and could potentially cause encroachment of the freeboard level cited in the permit and could, if a seasonally high rainfall event occurs, cause the reservoir to overflow. The West Yost letter documents the flow data and chemical usage and effort to measure the odors, but there is no mention of any investigation into the condition of the tertiary filters. The filter media in the system diminishes over time due to the abrasion that occurs during the backwash cycle. As the media gets smaller it compacts tighter and the smaller particles that are not flushed out of the , Ind orive. Suite 110
Sacritme.nto, CA 95834
Main (916) 544.51211 Fax (916) 544-5122
filter settle onto the media surface which further restricts the flow through the filter and increases the backwash frequency further reducing the treatment volume. Overuse of polymers also is known to cause clumping of the media which also reduces the flow.
In Aquality's experience any increase in frequency of backwashing in the filter would require verification of the condition of the media, investigation of the effectiveness of the polymer being used, and/or investigating any significant change in the effluent quality from all sources.
Should the City of lone refuse to accept the water from the reservoir as agreed in the ARSA documents without verifying the condition of their process equipment, their actions would be contributing to a potentially more serious event.
We will be seeking additional information regarding the operation and maintenance of the City of lone Tertiary Treatment Plant and the basis of design to further evaluate our concerns.
The Preston Reservoir served the City of Sutter Creek, CDCR Mule Creek, ARSA for many years as well as the City of lone to meet the irrigation supply for the Castle Oaks Golf Course. The reservoir also collects storm water runoff. When the wet season arrives each year, the irrigation needs of the golf course are reduced and water production ceases. Historically, intermittently taking flows from Preston Reservoir has created issues caused by sedimentation when flows are stopped at the tertiary plant. When flow returns there were short term periods where these solids were noticed but not long enough to create issues. When flows are stopped for longer periods, such as what has recently been occurring, larger amounts of sedimentation may be building up contributing to this issue.
The reservoir contains enough dissolved oxygen to prevent hydrogen sulfide from significantly forming, however I suspect that the organic material settling in the pipeline during stoppages could consume the dissolved oxygen and could result in formation of hydrogen sulfide over time creating some odor as the line flushes out the sediment and could impact the throughput through the filter for a short time.
The West Yost letter infers that all of the issues result from the actions of ARSA and or Sutter Creek when in fact many of these are not. The City of Sutter Creek's wastewater is fully compliant disinfected secondary effluent, which is fully filterable in a properly operated and maintained tertiary filter. Once the wastewater enters the ARSA pipeline their responsibility changes to monitoring the system between the plant and until it enters the Preston reservoir.
Once it is there, the only control is the discharge into the tertiary treatment plant which is solely controlled by the City of lone. The operation and maintenance is then the responsibility of the City of lone.
From the time the secondary treated effluent is discharged into the pipeline until the unused portion enters Preston reservoir it flows by gravity into the reservoir. The reservoir also receives rainfall and runoff from the surrounding upgradient areas. This flow would include organic and inorganic material flowing off the surface into the reservoir which is a natural occurrence in surface water open storage although it typically is removed by the tertiary system, which is under control of the City of lone. However, the only information included in the letter does not identify what other measures were taken to investigate the cause of the odors or what was done to investigate the filter performance or polymer used other than increasing the dose.
ARSA and Sutter Creek have conferred with the City of lone on ways to remove the water from the reservoir nearer the surface by modifying the intake inside the reservoir, but this action can't be taken easily until the reservoir is very low. This action requires cooperation from all parties working through the current situation in spite of the difficulties. See Picture 1. below.
AQUALITY WATER MANAGEMENT
Picture 1 demonstrates the outlet sluice gate currently under water which could be modified to accept water from nearer the surface to minimize sediment from the lower elevation of the reservoir. Notice the accumulation of solids on the course screen.
We ask that the RWQCB consider these opinions before taking an action that does not consider all of the potential risks. It is our hope that all of the parties work together to resolve the collective concerns and find a reasonable solution that fairly meets the needs of all.
Sincerely,
Aqua lity Water Management
414440
Donald Brown, President
AQUAL1TY WATER MANAGEMENT
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SHAWN D. HAGERTY, Bar No. 182435
[email protected]
MATTHEW L. GREEN, Bar No. 227904
[email protected]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, California 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
FRANK A. SPLENDORIO, Bar No. 272601
[email protected]
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, California 95814
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
AMADOR
F!LED
SUPERIOR COURT
SEP 2 9 2022
CLERK OF
By 'OR COURT'
Attorneys for Plaintiff EXEMPT FROM FILING FEES PURSUANT AMADOR REGIONAL SANITATION AUTHORITY TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers
agency,
Plaintiff,
V.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, a California state
agency; and DOES 1through 20, inclusive,
Defendants.
Case No. 22CV12824
Judge: Hon. J.S. Hermanson
DECLARATION OF GARY GHIO IN
SUPPORT OF EX PARTE APPLICATION
FOR ORDER TO SHOW CAUSE AND
TEMPORARY RESTRAINING ORDER
Date:
Time:
Dept.:
Complaint Filed:
October 3, 2022
8:30 a.m.
1 September 20, 2022
82456.00002\40728565.1 - 1 -
DECLARATION OF GARY OHIO
iCAIIFOR
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28 1, Gary Ohio, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. I have been a licensed engineer in the State of California for 41 years with extensive experience in managing wastewater disposal systems. Since 2011, I have been the Engineer for the Amador Regional Sanitation Authority ("ARSA"), a joint powers agency responsible for providing wastewater conveyance and disposal services to the Cities of Amador City and Sutter Creek and the County of Amador.
3. Wastewater from the City of Sutter Creek, Amador City, and the Martell community is treated by the Sutter Creek Wastewater Treatment Plant ("Sutter Creek WTP"), which is owned and operated by the City of Sutter Creek. Disinfected secondary effluent from the Sutter Creek WTP is conveyed through a series of pipelines and reservoirs, known as the "Henderson/Preston System,- and ultimately to Preston Reservoir for discharge to the City of lone ("lone") for tertiary treatment at its Castle Oaks Water Reclamation Plant ("Castle Oaks WRP-) for irrigation use at the Castle Oaks Golf Course ("Golf Course-).
4. The Henderson/Preston System is owned by the California Department of Corrections and Rehabilitation ("CDCR"). Since approximately 1977. CDCR has leased the pipelines and reservoirs that make up the Henderson/Preston System to ARSA. A true and correct copy ofthe current lease between ARSA and CDCR. Ground lease No. L-2070 ("Lease"), executed on February 23, 2009, is attached as Exhibit "A- hereto.
5. Under the Lease, ARSA uses the Henderson/Preston System to transport water and wastewater pursuant to a separate agreement between ARSA, CDCR, and Lone, identified as the Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System dated September 18, 2007 ("Wastewater Agreement"), a true and correct copy of which is attached as Exhibit B to the Lease.
6. The Wastewater Agreement governs the wastewater rights and obligations among ARSA, CDCR, and lone, as well as the relationship and respective rights between ARSA, CDCR. and lone with regard to the Henderson/Preston System. The Wastewater Agreement obligates lone 82456.00002140728565.1 - 2 -
DECLARATION OF GARY GHIO
Dwoo CSAN
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7. The Wastewater Agreement provides for up to 95 acre feet (or 30,955,886 gallons) of wastewater per month from April through September because those months typically fall within the irrigation season, i.e., when the wastewater is needed due to a lack of rain. The Wastewater Agreement only provides for a maximum of 10 acre feet (or 3,258,514 gallons) of wastewater per month from October through March because those months generally fall within the rainy season. i.e.. when limited water is needed for irrigation. Based on my experience since the Wastewater Agreement was entered into roughly 15 years ago, however, the respective irrigation and rainy seasons generally begin roughly one month later than what is reflected in the Wastewater Agreement, meaning the irrigation season will likely last through at least October, depending on the commencement of the rainy season.
8. The Central Valley Regional Water Quality Control Board's ("Regional Board') Water Reclamation Requirements ("WRRs") Order No. 93-240 regulates the Castle Oaks WRP and flows thereto from the Henderson/Preston System. WRRs Order No. 93-240 only permits wastewater treatment and reuse based on the flows to Preston Reservoir through the Henderson/Preston System. WRRs Order No. 93-240 also names only ARSA, tone, and Portlock International. Ltd. (the Golf Course) as the dischargers. lone has received no other water quality permits or permit modifications from the Regional Board that allow lone to provide reclaimed water to the Golf Course in any manner other than through the Henderson/Preston System from Preston Reservoir. A true and correct copy of WRRs Order No. 93-240 is attached as Exhibit "B" hereto.
9. Pursuant to WRRs Order No. 93-240, ARSA can store a maximum of 229 acre feet of water (or 74,619,977 gallons) in Preston Reservoir, which lies within two feet of the freeboard (i.e.. the vertical distance between the reservoir water surface and the crest of the reservoir's embankment). Although such capacity would exceed WRRs Order No. 93-240, at 270 acre feet (or 86,350,628 gallons). the dam at Preston Reservoir will overtop and wastewater will overflow from 82456.00002\40728565.1 - 3 -
DECLARATION OF GARY 0-110
&BEST KRIEGER LLP
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28 the Reservoir.
10. In the event Preston Reservoir spills over, or the dam does not hold, the wastewater will flood a nearby Cal Fire Academy property and then run through a nearby creek, Mule Creek, and into the residential subdivision surrounding the Golf Course. The flooding and discharge of disinfected secondary effluent into Mule Creek and onto residential property poses significant public health and water quality contamination issues, as disinfected secondary effluent contains harmful pathogens (protozoa, bacteria, and viruses), inorganic compounds, and parasites. Although the wastewater that is conveyed into Preston Reservoir through the Henderson/Preston System has undergone secondary treatment at the Sutter Creek WTP, local runoff and waterfowl contribute to the bacteria in Preston Reservoir. Attached as Exhibit -C." hereto is a true and correct copy of the Preston Dam Break Inundation Map, which depicts the areas that would be impacted with flooding of disinfected secondary effluent in the event Preston Reservoir spills over.
11. Based on Preston Reservoir's current amount of 115 acre feet (or 37,472,914 gallons) of wastewater, in the event of a substantial, upcoming rainy season in the region, such as one that includes a 100-year storm event like that experienced in 2017, Preston Reservoir will reach its permitted capacity in early March 2023, and will spill over in April 2023, before the end of the anticipated rainy season. Water balance is required by the Regional Board in order to verify that the system at issue has sufficient capacity for all flows under a 1 in 100 year storm season scenario.
Per Regional Board requirements, systems must be able to treat, store, and dispose of all flows under the 1 in 100 year scenario each year.
12. In the past, lone's Castle Oaks WRP has treated 1.2 million gallons (or 3.68 acre feet) per day. In order to avoid the grave consequences that will ensue in the event Preston Reservoir overflows, it is imperative that lone immediately begin accepting at least 500,000 gallons (or 0.15 acre feet) of wastewater from ARSA from Preston Reservoir. Based on my modeling, the acceptance of at least 500,000 gallons for at least 30 days should be sufficient to avoid Preston Reservoir spilling over before the end ofthe upcoming rainy season, depending on the extent and duration of the rainy season. The only viable option for ARSA to discharge wastewater from the Preston Reservoir is to discharge the water to the Castle Oaks WRP, no other viable options exist. 82456.00002\40728565.1 - 4 -
DECLARATION OF GARY GHIO
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28 13. lone has expressed an unwillingness to accept wastewater from Preston Reservoir on the grounds that the water is allegedly high in hydrogen sulfide, which could cause odor issues at the Castle Oaks WRP and the GolfCourse, and that the water purportedly has high turbidity (i.e., cloudiness), which may cause treatment difficulties.
14. On September 9, 2022, the Regional Board issued correspondence to ARSA, lone, and the Golf Course addressing the issue, a true and correct copy of which is attached as Exhibit "D" hereto. Among other items, the Regional Board's September 9, 2022, letter stated in no uncertain terms that "the capacity issues at Preston [Reservoir] are presenting an even greater risk to water quality and public health than potential nuisance concerns related to the treatment of wastewater from Preston [Reservoir] at Ione's [Castle Oaks WRP]." I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct.
Executed this 28th day of September 2022, at Suer ree, 9fornia. 82456.00002\40728565.1
GARY GHIO
- 5 -
DECLARATJON OF GARY GHIO
EXHIBIT A
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
LEASE COVERING PREMISES LOCATED AT
Mule Creek Prison and Preston Youth
Correctional Facility
Amador County
AGENCY
Department of Corrections and Rehabilitation
REAL PROPERTY NOS.: 43 and 1575
GROUND LEASE
Lease No.: L-2070
Lessee: Amador Regional Sanitation Authority
This Lease, dated for reference purposes only, January 1, 2009, by and between the State of California, acting by and through the Director of General Services (DGS), with the consent of the California Department of Corrections and Rehabilitation (CDCR), hereinafter collectively referred to as STATE, and the Amador Regional Sanitation Authority (ARSA), a joint powers authority, hereinafter referred to as LESSEE.
RECITALS
WHEREAS, CDCR has under its jurisdiction certain real properties located in the County of Amador, State of California, commonly known as the Mule Creek State Prison (MCSP) and the Preston Youth Correctional Facility, formerly known as lone Youth Authority, and hereinafter referred to as "Preston"; and
WHEREAS, pursuant to Government Code (GC) Section 14672.100, the Director of the Department of General Services, with the consent of CDCR, may lease real property appurtenant to or part of Preston, which real property is located in Amador County and further described in this Lease to ARSA (LESSEE) for a term not to exceed thirty (30) years and at a rate of one dollar ($1.00) per year for its continued use as a wastewater delivery and disposal system; and WHEREAS, CDCR owns a series of pipelines and reservoirs, each of which interconnect to allow the transport of water and or wastewater, which is known as Henderson/Preston System. The Henderson/Preston System, hereinafter referred to as the "Premises", is depicted in "Supplement #2 to Appendix L of Amador County Wastewater Management Plan", dated November 1977, and hereinafter referred to as the "Water Plan". Per the Water Plan, said Premises is composed of an upper element and a lower element. The upper element consists of the area from the outfall of the Sutter Creek Treatment Plant to Preston, including all pipelines, rights of way, reservoirs, and water rights. The lower element includes the components that lie below Preston Forebay to the outfall of the pipeline where it enters Castle Oaks property, including Preston Reservoir. Said Water Plan defines and illustrates the elements of the Henderson/Preston System, is marked Exhibit "A", consists of two (2) pages and is attached hereto and by this reference made a part hereof; and WHEREAS, the City of lone, LESSEE and CDCR, entered into the "Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System", hereinafter referred to as "Agreement for Wastewater", dated September 18, 2007. Said Agreement governs the wastewater disposal rights and obligations among the parties to the Agreement, is marked Exhibit "B", which consists of nine (9) pages, and is attached hereto and by this reference made a part hereof; and WHEREAS, LESSEE currently occupies the Premises per the "Agreement for Wastewater Management" dated March 22, 1977, which agreement shall be superseded by this Lease and the Agreement for Wastewater; and
WHEREAS, STATE is willing to lease the Premises to the LESSEE, and LESSEE is willing to lease the Premises from STATE, on the conditions set forth herein.
NOW, THEREFORE, it is hereby mutually agreed as follows:
LESSEE: ARSA Page 1 of 12 Lease No.: L-2070
STATE OF CALIFORNIA
DESCRIPTION
TERM
USE
LESSEE'S
OBLIGATION FOR
WATER
DIVERSION
RENT
FEE
LESSEE: ARSA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
WITNESSETH
1. STATE does hereby lease to LESSEE, and LESSEE hereby hires from STATE, the Premises, as further described and depicted in the Water Plan, Exhibit "A" to this Lease.
2. The term of this Lease shall be for a period of twenty-nine (29) years eight (8) months to commence on January 1, 2009, and shall terminate on September 18, 2037, to coincide with the termination date of the Agreement for Wastewater.
3. (a) LESSEE agrees to use the leased Premises to transport water and wastewater through the Premises pursuant to the Agreement for Wastewater, attached hereto as Exhibit "B", and by this reference made a part hereof. (b) All activities upon the Premises will be conducted hereunder only in a manner which will not interfere with the orderly operation of the MCSP and Preston.
4. (a) LESSEE agrees to annually divert a minimum of 250 acre/feet of water and a maximum of 1,100 acre/feet, from the Sutter Creek point of diversion in order to maintain STATE'S water rights, as is more particularly described in the Water Plan, Exhibit "A" to this Lease. STATE reserves all of its water rights including the water rights for diversion from Sutter Creek at a maximum level cif 1,100 acre/feet; and
(b) LESSEE shall maintain and supply upon reasonable request documentation of water diversion rates. Said documentation shall be sent to:
Department of Corrections and Rehabilitation
Facilities Management Branch
9838 Old Placerville Road, Suite B
Sacramento, California 95827
(c) STATE reserves its claim to receive not less than 250 acre/feet of water annually for use at Preston.
5. The first annual rent payment shall be paid by the LESSEE in the amount of ONE DOLLAR AND 00/100s ($1.00), due and payable on January 1, 2009. Rent shall be payable annually in advance for the duration of the Lease, or at the LESSEES option, shall be paid in one lump sum in advance.
All rent payments shall be addressed and delivered to:
Department of General Services
Accounts Receivable PAL (L-2070)
P.O. Box 989053
West Sacramento, CA. 95798-9053
6. LESSEE will reimburse DGS for its costs related to the lease, including, but not limited to, any survey costs, title transfer fees, administrative costs, and department staff time. DGS will invoice for the fees and payment shall be made to DGS at the address shown above and shall be made by February 1, 2009.
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
LESSEE'S ACCESS
RIGHTS
CONDITION
OF PREMISES
TERMINATION
AND INJUNCTIVE
RELIEF
HOLD OVER
UTILITIES
REGULATION
BY STATE
7. During the term of this Lease, STATE hereby grants to LESSEE and its contractors, agents, employees, representatives or licensees, the non exclusive temporary right to access, at any and all times and at any and all places, upon STATE lands and easements identified as the Premises. LESSEE has acquired or shall acquire all access rights for the lands not owned by STATE, at LESSEE's own expense.
8. (a) LESSEE has visited and inspected said Premises and it is agreed that the Premises stated herein, and on the attached Exhibit "A", is not described using a legal description and that the description is approximate. It is also acknowledged by all parties to this Lease, that the Premises will be leased "as-is" and the STATE does not warrant or guarantee the condition of the system, its pipelines, ponds, dams, equipment and appurtenances included hereunder. (b) LESSEE agrees, pursuant to the "Surrender of Premises" clause of this Lease, to surrender up to STATE the Premises with any real property improvements therein, in at least the same condition as when received, reasonable use and wear thereof and damage by act of God, or by the elements excepted.
9. The parties to this Lease hereto recognize that the Premises leased hereunder is part of a wastewater system, regulated under the California Water Code, and that termination of this Lease is not practicable nor feasible as it would render an essential utility service inoperable, with no alternate means readily available to STATE and LESSEE to dispose of their effluent that is not in violation of their other‘permit obligations. Therefore, the parties to this Lease have deleted any reference herein to termination of this Lease for breach, and instead expressly agree that injunctive relief to cure any actual or threatened breach is appropriate, and agree that either party shall be entitled to seek equitable injunctive relief from a court of competent jurisdiction to enforce compliance with the obligations hereunder. Neither party shall be entitled to defend such action on the basis that injunctive relief is improper, or that monetary damages are adequate. in the event of a violation of an injunctive order issued under this provision, in a subsequent proceeding to enforce the injunction, a court may, should it deem it appropriate, issue an order terminating the lease thereafter, on such terms as may be just and which will not work undue hardship on the parties to this Lease.
10. Any holding over after the expiration of said term or any extension thereof, with the written consent of STATE , shall be deemed a tenancy only from month to month. Otherwise, the terms and conditions specified in lease shall remain applicable.
11. LESSEE agrees to pay at its sole cost and expense any and all water, electric, gas and other utility charges or any other charges payable in connection with LESSEE's use of said Premises during the term of this Lease. No utilities will be provided by STATE and STATE assumes no liability for the existence or nonexistence of utilities.
12. LESSEE agrees to cooperate with the MCSP and or Preston to ensure that activities conducted on the Premises, or persons brought onto the Premises to conduct such activities, do not interfere with the orderly operation of the facilities.
LESSEE: ARSA Page 3 01 12 Lease No.: L-2070
STATE OF CALIFORNIA
AGREEMENT TO
REGULATE
IMPROVEMENTS
LIENS
LESSEE: ARSA
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
13. LESSEE hereby agrees to continue to operate the Premises in accordance with those guidelines found within the Agreement for Wastewater as outlined in the attached Exhibit "B".
14. (a) STATE hereby grants to LESSEE the right to, at its sole cost and expense, improve the Premises. Said improvements include but are not limited to, installing, operating, maintaining, repairing and removing and or demolishing components of the wastewater system. Additionally, LESSEE shall keep the Premises fully functional and operational, in accordance with generally accepted and recommended practices and procedures and in compliance with all applicable federal, state and local laws and regulations, any and all improvements including, but not limited to any pipelines, valves and valve boxes, ponds, dams, equipment, pipes and pipelines, valves, wells, pumps, electrical panels, meter socket and wiring or other improvements existing on the Premises or constructed upon the Premises by LESSEE.
(b) LESSEE hereby assumes, at its sole expense; without limitation, the cost of any necessary improvements as defined in paragraph (a) immediately preceding this paragraph of this Lease, as well as environmental impact reports, engineering reports, government permits, or any other applicable regulatory compliance items.
(c) Prior to making any needed improvements to the Premises, LESSEE shall submit plans, specifications, and/or drawings, as applicable, in writing to the STATE. LESSEE and shall receive STATE's written consent to proceed with such improvements. Said consent will not be unreasonably withheld. (d) LESSEE agrees that in no event shall STATE be required to perform any maintenance on or make repairs or alterations to the leased Premises of any nature whatsoever.
(e) When making any necessary excavation on the Premises, LESSEE shall make such excavation in a manner that will cause the least damage to the surface of the ground, and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition as existed prior to said excavation as practicable.
15. (a) During continuance in force of this Lease, LESSEE shall keep the leased Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by LESSEE and shall indemnify, hold harmless and defend STATE from such liens and encumbrances arising out of any work performed or materials furnished by or at the direction of LESSEE or contractors of LESSEE. Notice is hereby given that STATE shall not be liable for any work or materials furnished to LESSEE on credit and no mechanic's or other lien for any such work or materials shall attach to or affect STATE's interest in the leased Premises based on any work or materials supplied to LESSEE or anybody claiming through LESSEE. LESSEE shall within thirty (30) days after being furnished a notice of filing of any such lien, take action, whether by bonding or otherwise, to remove or satisfy any such lien.
(b) STATE shall have the right at all times to post and keep posted on the leased Premises any notices, that STATE deems proper for its protection and the protection of the leased Premises and STATE from liens. If, nevertheless, any
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NOTICES
such lien shall be recorded, LESSEE shall, within sixty (60) days after notice from STATE, pay, settle, or otherwise release such lien, or deposit into escrow with a reputable bank or trust company in California a sum sufficient to satisfy such lien, in full. In the event of unsuccessful termination of any litigation in connection with such lien and under the terms of which it shall be obligated to pay such lien upon the unsuccessful termination of such litigation, then, upon the failure of LESSEE to comply with said requirements, STATE may pay or otherwise dispose of said lien, or defend, settle, or compromise any lawsuit brought to foreclose the same, in its sole discretion, and all amounts so paid by it or any loss sustained by STATE on that account, including reasonable amount for its attorney's fees, shall be repaid to STATE and shall be in addition to any other payments by way of rents, or otherwise, required under the terms of this Lease. A failure to pay any such sum within thirty (30) days after mailing of bill therefore to LESSEE shall constitute a breach of this Lease.
16. (a) All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below.
(b) All such notices or other communications shall be deemed received upon the earlier of (i) if personally delivered or sent by overnight courier, the date of delivery to the address of the person to receive such notice, (ii) if mailed as provided above, on the date of receipt or rejection, when received by the other party if received Monday through Friday between 6:00a.m. and 5:00p.m. Pacific Time so long as such day is not a state or federal holiday and otherwise on the next day provided that if the next day is Saturday, Sunday, or a state or federal holiday, such notice shall be effective on the following business day.
STATE:
To the LESSEE: ARSA
Attn.: Rob Duke General Manager
18 Main Street
Sutter Creek, CA 95685
(209) 267-5647 (phone)
To the DGS: Department of General Services
Real Estate Services Division-SOLD (L-2070)
707 Third Street, MS 505
Post Office Box 989052
West Sacramento, California 95798-9052
(916) 375-4025 (phone)
To CDCR: California Department of Corrections
Attn.: Warden
Mule Creek State Prison
4001 Highway 104
Sutter Creek, CA 95685
(209) 274-5225 (phone)
California Department of Corrections
Attn.: Superintendent
Preston Youth Correctional Facility (PYCS) 201 Waterman Road lone, CA 95640
LESSEE: ARSA Page 5 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NOTICES (209) 274-8102 (phone)
(CONTINUED) (c) The address to which notices may be mailed as aforesaid to either party, may be changed by written notice given by subject party to the other, as herein before provided; but nothing herein contained shall preclude the giving of any such notice by personal service.
SUBLETTING
RECOVERY OF
LEGAL FEES
PARTNERSHIP
DISCLAIMER
. HOLD HARMLESS
INSURANCE
LESSEE: ARSA
17. LESSEE shall not assign this Lease in any event and shall not sublet the leased Premises or any part thereof and will not permit the use of the leased Premises by anyone other than the LESSEE without prior written consent by the STATE.
18. if action is brought by any parties to this Lease for any breach hereof, or to restrain the breach of any agreement contained herein, the prevailing party in such action shall be entitled to the amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action.
19. LESSEE, and any and all agents and employees of LESSEE, shall act in an independent capacity and not as officers or employees of STATE. Nothing herein contained shall be construed as constituting the parties to this Lease herein as partners.
20. (a) This Lease is made upon the express condition that STATE is to be free from all liability and claims for damages by reason of any injury to any person or persons, including LESSEE, or property of any kind whatsoever and to whomsoever belonging, including LESSEE, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any occupancy hereunder, except those arising out of the sole negligence of STATE.
(b) LESSEE agrees to defend, indemnify and hold harmless STATE from all liability, loss, cost or obligation on account of or arising out of LESSEE's use and/or occupancy of the Premises during the Lease term or any such injury or loss, however occurring.
(c) LESSEE further agrees to provide necessary Workers' Compensation Insurance for all employees of LESSEE upon said Premises at the LESSEE's own cost and expense.
21. STATE acknowledges that LESSEE is self-insured in whole or in part as to any of the below described types and levels of coverage. LESSEE shall provide STATE with written acknowledgment of this fact at the time of the execution of this Lease. Said acknowledgement shall contain the STATE Lease Number, L-2070. if, at any time after the execution of this Lease, LESSEE abandons its self-insured status, LESSEE shall immediately notify STATE of this fact and shall comply with all of the terms and conditions of this "Insurance" clause pertaining to policies of insurance in regard to those types and levels of insurance as follows:
COMMERCIAL GENERAL LIABILITY
LESSEE shall maintain general liability with limits of not less than $1,000,000 aggregate for bodily injury and property damage liability combined.
The policy shall include coverage for liabilities arising out of Premises, operations, independent contractors, products, completed operations, personal & advertising
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the LESSEE's limit of liability.
The policy must include State of California, Department of General Services, LESSEE, and their officers, agents, employees and servants as additional insureds, but only insofar as the operations under the Lease are concerned.
AUTOMOBILE LIABILITY
LESSEE shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident for bodily injury and property damage. The State of California and Department of General Services are to be additional insured with respect to liability arising out of all vehicles owned, hired and non-owned.
WORKERS' COMPENSATION
LESSEE shall maintain statutory workers compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Lease, including special coverage extensions where applicable. Employer's liability limits of $1,000,000 shall be required, and the policy shall include a waiver of subrogation in favor of the State of California.
GENERAL REQUIREMENTS
LESSEE shall ensure that the following general requirements are met:
(a) Insurance Companies must be acceptable to Department of General Services, Office of Risk and Insurance Management.
(b) LESSEE shall provide STATE with a true copy of the policy in place providing coverage for General Liability, within thirty (30) days after each insurance policy renewal.
(c) Coverage needs to be in-force for complete term of this Lease. if insurance expires during the term of the Lease, a new certificate must be received by the STATE at least ten (10) days prior to the expiration of this insurance. This new insurance must still meet the terms of the original contract. (d) Insurance policies shall contain a provision that coverage will not be cancelled without thirty (30) days prior written notice to STATE. (e) LESSEE is responsible for any deductible or self-insured retention contained within the insurance program.
(f) In the event LESSEE fails to keep in effect at all times the specified insurance coverage, STATE may, in addition to any other remedies it may have, terminate this Lease upon the occurrence of such event, subject to the provisions of this Lease.
(g) Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by STATE.
It is agreed that STATE shall not be liable for the payment of any premiums or assessments on the required insurance coverage.
LESSEE: ARSA Page 7 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
NON-DISCRIMINA- 22. LESSEE agrees that it will not discriminate against any employee or TION applicant for employment because of race, color, religion, ancestry, national origin, sex, age or physical handicap. LESSEE agrees to take action to ensure that applicants for employment and employees are treated during employment without regard to their race, color, religion, ancestry, national origin, sex, age or physical handicap. (See California Government Code Sections 12920-12994 for further details.)
AMERICANS WITH
DISABILITIES ACT
LOSSES
Remedies for willful violation:
(a) STATE may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgment having the effect from a court in an action to which LESSEE was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that is has investigated and determined that the LESSEE has violated the Fair Employment Practices Act and has issued an order pursuant to the appropriate provisions of the Government Code.
(b) STATE shall have the right to seek appropriate legal relief, whether monetary or injunctive, as a result of said breach, and consistent with the provisions of the "Termination and Injunctive Relief" clause of this Lease.
23. Where applicable, LESSEE shall comply with all federal requirements established under the 28 Code of Regulations, Part 36, Americans with Disabilities Act, to ensure the Premises is accessible to all participants and to provide equally effective communications.
24. STATE will not be responsible for losses or damage to personal property, equipment or materials of the LESSEE and all losses shall be reported to STATE immediately upon discovery.
DEBT LIABILITY 25. STATE will not be liable for any debts or claims that arise from the
DISCLAIMER
TAXES /
ASSESSMENTS
PROTECTION OF
PREMISES
operation of this Lease.
26. LESSEE agrees to pay all lawful taxes, assessments, or charges which at any time may be levied upon interest in this agreement. It is understood that this lease may create a possessory interest subject to property taxation and LESSEE may be subject to the payment of property taxes levied on such interest.
27. No removal of soil in excess of five (5) cubic yards, or dumping of refuse by LESSEE, except for transport of wastewater as contemplated by this Lease, is permitted in any area of the Premises, and LESSEE shall not commit or suffer to be committed any waste or nuisance upon the Premises; and LESSEE agrees not to cut or remove any trees, larger than four (4) inches in diameter and measured at three (3) feet in height, thereon except as approved in writing by STATE and LESSEE further agrees that at all times to exercise due diligence in the protection of the Premises against damage or destruction by fire or other causes.
PROPERTY 28. LESSEE shall comply with the following with respect to activities on the RESTRICTIONS Premises:
(a) LESSEE shall not permit hunting on the Premises but shall not be required to post "No Hunting" signs; and
LESSEE: ARSA Page 8 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
AERIAL
APPLICATIONS
WEED ABATEMENT
ENVIRONMENTAL
COMPLIANCE AND
HAZARDOUS
WASTE
(b) Compliance to any and all rules and regulations by governing agencies to include EPA, Department of Health or local water quality board must be strictly adhered to; and
(c) Should LESSEE desire to use pesticides on the area (either herbicides, rodenticides or insecticides) all applicable Environmental Protection Agency (EPA) both state and federal, standards must be met and prior approval must be received from STATE as not all EPA approved pesticides will be permitted.
29. Any aerial applications of any pesticides on the Premises shall be in compliance with the California Food and Agriculture Code (FAC), Section 12972 and Title 3, California Code of Regulations (3 CCR), Section 6614.
LESSEE shall notify the Warden and Superintendent in writing within three (3) business days in advance, of any aerial application and a completed Material Safety Data Sheet (MSDS) shall accompany the notice. LESSEE shall ensure that there will be minimal to no drift over the prison site adjacent to the subject Premises. LESSEE shall insure that any aircraft used for any aerial application will not encroach into the airspace of the MCSP and Preston.
30. Any weed burning operations on the leased Premises will be carried out pursuant to local ordinances and at LESSEE's own cost and expense. LESSEE will inform MCSP and Preston in advance of any weed burning operations.
31. (a) Compliance. LESSEE shall be solely responsible for determining the applicability of and for complying with all applicable federal, state and local environmental, natural resources, zoning laws and regulations, including but not limited to CERCLA (42 USC 9601.14), SARA [42 USC 11021(e)], or Resources Conservation and Recovery Act of 1976 (RCRA), Pub. L. 94-580 (1976), 42 USC 6901 et seg. and amendments, including the Hazardous and Solid Waste Amendments of 1984 (HSWA), Pub. L. 98-616 (1984), with respect to LESSEE's activities on the Premises. LESSEE agrees that it shall comply with all applicable laws, federal, state, and local, existing during the term of this Lease pertaining to the use, storage, generation, treatment, transportation, and disposal of LESSEE's hazardous substances (including petroleum and petroleum derivatives) as that term is defined in such applicable law.
(b) Copies of Materials. LESSEE shall maintain copies of Material Safety Data Sheets (MSDS) and hazardous waste manifests, if any, for all hazardous materials used or transported on or from the Premises. MSDS and manifests shall be provided to the ODOR Facilities Management Division upon its request. If LESSEE is required to prepare a Business Plan, as specified by Health and Safety Code Section 25500 et seq., or a Hazardous Waste Contingency Plan, as specified in 22 CCR 66264.51 et seq., then a copy of the plan shall be submitted first to the Facilities Management Division for review and written approval. (c) Spill Reporting; Cleanup. Any spill or release of a hazardous substance or material to the air, soil, surface water, or groundwater will be immediately reported to STATE as well as to appropriate government agencies, and shall be promptly and fully cleaned up and the Premises (including soils, surface water, and groundwater) restored to its original condition or such condition as approved by the applicable government agency with jurisdiction.
LESSEE: ARSA Page 9 of 12 Lease No.: L-2070
STATE OF CALIFORNIA
SURRENDER OF
PREMISES
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
(d) RCRA Facility Prohibited. LESSEE shall not apply to become a "permitted" RCRA hazardous waste storage or disposal facility on the Premises. (e) Inspection. STATE or its representatives reserve inspection rights pursuant to the "STATE's Rights to Enter" clause of this Lease.
Termination. Any violation of federal, state, or local environmental law by LESSEE, which continues unaddressed for a period of thirty (30) days from the date LESSEE receives notice of such violation, shall be grounds for STATE to pursue specific performance and injunctive relief in accordance with the "Termination and Injunctive Relief" clause of this Lease. STATE shall not have the right to pursue remedies under said clause if LESSEE commences addressing the violation within such thirty (30) day period and, thereafter, diligently pursues remediation of the violation.
(f) Indemnification by LESSEE. In addition to any other indemnity set forth herein, LESSEE shall fully indemnify, defend, and hold harmless STATE and its agents and representatives for any violation of environmental, hazardous waste, hazardous materials (including petroleum and petroleum derivatives), and/or natural resources law caused by LESSEE or LESSEE's agents or representatives.
Furthermore, LESSEE shall reimburse the STATE for any and all costs and liability related to investigation, clean up, settlement amounts, and/or fines, including attorneys' fees, incurred by the STATE for such violation. (g) Indemnification by STATE. In the event a government order is issued naming LESSEE as a potentially responsible party, or LESSEE incurs any other loss, cost, expense (including attorney's fees) or liability during or after the term of the Lease in connection with contamination which pre-existed LESSEE's obligations and occupancy under this Lease, or which was caused by STATE, STATE will hold harmless and defend LESSEE in connection therewith and shall be solely responsible as between LESSEE and STATE for all efforts, liabilities, losses, costs and expenses therefore, including attorney's fees. LESSEE shall have the burden of proof that the condition pre-existed the LESSEE's use and occupancy of the Premises or was caused by STATE.
32. (a) All personal property and equipment that is nonessential to the wastewater operations on the Premises shall be removed by LESSEE, at its sole cost and expense within thirty (30) days after expiration or termination of LESSEE's tenancy.
(b) Should LESSEE fail to remove said nonessential personal property and equipment within thirty (30) days after expiration or termination of the Lease, STATE may do so at the risk of LESSEE. Upon written demand by STATE, LESSEE shall immediately pay all costs and expenses associated with the removal of said property belonging to LESSEE.
(c) LESSEE may, however, with written consent of STATE, abandon in place any and all of LESSEE's nonessential personal property and equipment, whereupon, as abandoned, title to said improvements will vest in STATE.
LESSEE: ARSA Page 10 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
AREAL ESTATE SERVICES DIVISION
RELOCATION 33. In the event that Court should terminate this Lease for a refusal to obey an injunctive order as provided in the "Termination and Injunctive Relief clause of this Lease, LESSEE acknowledges and agrees that it has no claim against STATE for Relocation Payments, Relocation Advisory Assistance, or costs pursuant to the Government Code sections 7260 et seq, or any regulations implementing or interpreting such sections. LESSEE further agrees that it has no claim in either law or equity against STATE for damages or other relief should the Lease be so terminated, and waives any such claims it may have.
STATE'S RIGHT TO 34. During the term of this Lease, there shall be and is hereby expressly ENTER reserved to STATE and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Premises for survey, inspection, or any other lawful STATE purposes.
EASEMENTS AND
RIGHTS OF WAY
35. This lease is subject to all existing easements and rights of way. STATE further reserves the right to grant additional public utility easements as may be necessary and LESSEE hereby consents to the granting of any such easement, as long as such easement does not interfere with the operations of LESSEE's established uses. If the right to grant such easement is exercised, the public utility or their contractor will be required to reimburse LESSEE for any damages caused by the construction work on the easement area.
MINERAL RIGHTS 36. LESSEE agrees not to interfere, in any way, with the interests of any person or persons that may presently, or in the future, hold oil, gas, or other mineral interests upon or under said Premises; nor shall LESSEE, in any way, interfere with the rights of ingress and egress of said interest holders.
BINDING 37. The terms of this Lease and covenants and agreements herein contained shall apply to and shall bind and inure to the benefit of the heirs, representatives, assigns and successors in interest of the parties to this Lease hereto.
UNDERGROUND 38. LESSEE shall be responsible for maintaining all underground utilities to UTILITIES include all pipelines connecting to the Premises.
39. Time is of the essence for each and all of the provisions, covenants and ESSENCE OF TIME conditions of this Lease.
CLAUSE 40. All clause headings contained herein are for convenience of reference only HEADINGS and are not intended to define or limit the scope of any provision of this Lease.
WAIVER
SEVERABILITY
41. If STATE waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed to be a waiver of that or any subsequent term, covenant or condition. Failure by STATE to enforce any of the terms, covenants or conditions of this Lease for any length of time shall not be deemed to waive or decrease STATE'S right to insist thereafter upon strict performance by LESSEE. Waiver by STATE of any term, covenant, or condition contained in this Lease may only be made by a written document properly signed by an authorized STATE representative.
42. If any term, covenant, condition, or provision of this Lease or any application thereof, to any extent, is found invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Lease will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law.
LESSEE: ARSA Page 11 of 12 Lease No.: L-2070
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
This Lease contains all currently enforceable agreements between STATE and LESSEE. In addition, this Lease and with Exhibit B are intended to be compatible and work together and collectively supersede all prior agreements between STATE and LESSEE. There have been no representations by STATE or understandings made between STATE and LESSEE other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties to this Lease hereto.
IN WITNESS WHEREOF, this agreement has been executed by the parties to this Lease hereto as of the date written below.
STATE OF CALIFORNIA
DIRECTOR OF DEPARTMENT OF
GENERAL SERVICES
By:
TONY PZPAIDAS, M nager
State Owned Leasing & Development
707 Third Street, MS-505
West Sacramento, CA 95605
(916) 375-4025
0- 03
Execution late
Consent:
DEPARTMENT OF CORRECTIONS
By:
DEBORAH SEN, Chief Deputy Secretary
Facility Planning, Construction, and Management
Approved as to form:
CALIFORNIA
AND RENA
OFFICE
E'PARTME
ATION,
AL AFVAIRS
By:
H ANB G, Senior Staff Cibunsel
A orney for ODOR'
OF ORRECTIONS
LESSEE:
AMADOR REGIONAL SANITATION AUTHORITY,
a Joint Powers Authority
ROdiih eneral anager
Date Signed
Approved as to form:
MCDONOUGH HOLLAND & ALLEN
HA MET STEINER
Attorners-for ARSA
Approval Recommended:
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
State Owned Leasing nd Development
By:
PAMELA DYER, . / Associate Real Estate Officer
LESSEE: ARSA Page 12 of 12 Lease No.: L-2070
10/21/2008 15:07 5162551 DESIGN SERVICE, PAGE 02/16
EXHIBIT A
SUTTER CREEK - IOE OUTFALL
WASTEWATER
REELAMATfON PROJECT . • _
SUPPLEMENT
TO
APPENDIX L
• OF
AMADOR COUNTY
WASTD;ATER MANASEMENT PLAN
NOVEMBER, 1977
PROJECT ND_ .75-D995
PRESTON
RES RVOIR
PRESTON
FAIIM
LAN 0 S
OVER
LAND
FLOW
•rt•
3000 L.F.
EXISTiNG
12,000 L.F.
E XJ5 TING • ;
PREST ON
FOREBAY
CHLORINA T ION •
PLANT I
r • " PRESTON ,
I SCHOOL OF
INDUSTRY
t I
DIVE' RSION 'WORKS -a
CiNcLuDED.5 HEAD woRKS C ENERGY 0/51/PAT0R)
0,000 L.F IV 0
OR •
HENDERSON
RE ERVO1R •
-900
OPEN DITCH
(-wire REPLACED : - •
P.,
t ! •
SIPHO)
/1,700 L.F, 20'0 =.1,29p,L,F.
AMADOR
51JT TER eREEK TREATMENT PLANT
SUTTER CREEK\-\\'.1, OU,TFALL\
NOT TO. 5 CALE
PRESTON DIVER '#
WOR KS".1,
..s..0“,14.
• • I MARTELL
' SERVICE
,AREA #P--"3.
• ARGONAUT
HEIOHTZ,,
C (TI
SLIT
CR E.
, PROI,07:ED
"\GENER A T
UNIT
JACKSON:
-c
SUTTER CREEK- IONE OUTFALL PROJECFACILITI ES INVENTORY
EXHIT B
AGREEMENT TO REGULATE USE OF HENDERSON/PRESTON WASTEWAl ER
DISPOSAL SYSTEM
/-0v / „ This agreement is made this day of 2007, by and between the California Department of Corrections and Rehabilitati n, a California State Agency ("CDCR"), the City of lone, a municipality formed pursuant to the laws of the State of California ("lone"), and the Arnador Regional Sanitation Authority, ajoint powers agency forr,:.ed pursuant to the laws of the State of California ("ARSA") (collectively, CDCR, lone, and AMA, shall be referred to as the "Parties"), The Parties hereby agree as follows:
WHEREAS, as settlement of past litigation, lone and ARSA entered into an agreement and grant of easement entitled "Preston Farmlands Wastewater Disposal Contract and Grant of Easement" dated July 30, 1990 ("1990 Settlement Agreement"); and, WHEREAS, the 1990 Settlement Agreement has been amended or assigned by the parties to the 1990 Settlement Agreement; and,
WHEREAS, this agreement will reallocate and govern the wastewater disposal rights and obligations among the Parties, but will not alter the 1990 Settlement Agreement, any and all amendments thereto, and any agreements implementing the 1990 Settlement Agreement, as those agreements govern the relationship and obligations between lone or ARSA and any developer of the Preston Farmlands, as referred to in the agreements and amendments, and their successors and assigns and except as those agreements govern the relationship and obligations between lone or ARSA and the present and future owners, operators, and lessees ofthe Castle Oaks Golf Course and their successors and assigns; and, •
WHEREAS, pursuant to the 1990 Settlement Agreement, as amended, lone was required to pay ARSA an annual payment (currently $20,000,00), which payment lone in turn imposed on Castle Oaks Golf Course. The Parties intend to eliminate such fee for lone and for Castle Oaks Golf Course by not including it herein as part of this agreement; and, WHEREAS, this agreement does not extend to, or otherwise affect, Portlocic International, Ltd. 's obligation to pay for operation of the lone Tertiary Plant, which obligation ends December 31, 201.3 and is governed by other agreements; and, WHEREAS, CDCR owns a series of pipelines and reservoirs, including Henderson Reservoir, Preston Forebay and Preston Reservoir, each of which is interconnected so as to allow the transport of water and or wastewater from a point of diversion along Sutter Creek to the Preston Reservoir, in lone, California ("Henderson/Preston System") (described in Exhibit 1); and, WHEREAS, CDCR and ARSA have in place a lease ag.reement whereby ARSA has the right to .use the Henderson/Preston System, subject to the terms and conditions contained therein, which lease expires in July 2008 (".ARSA/CDCR. Lease"); currently ARSA uses the Henderson/Preston System to transport ARSA's secondary-treated wastewater to Preston Reservoir and then to lone for treatment, disposal and use; and, PortInd3-1597887.2 0037969-00001
WHEREAS, ARSA and CDCR intend to execute a new lease or extend the existing ARSA/CDCR lease governing the use ofthe Henderson/Preston System. The 2.3W or extended lease will be for thirty (30) years. With regard to the lower system (as hereinafter described), the lease will contain a five (5) year cancellation clause that can be invoked by either party, subject to ARSA's continuing obligations to supjky secondary treated wastewater to tV CDCR's Preston Youth Correctional Facility and t(., maintain CDCR's water right from Sutter Creek, which obligations shall remain in effect unaffected by any such cancellation as will their rights to usage to the extent necessary to carry out those obligations; and, WHEREAS, this agreement will govern the relationship and respective rights between the Parties with regard to the Henderson/Preston System; and, WHEREAS, the upper Henderson/Preston System as referred to in this agreement includes the parts of the Henderson/Preston System from the outfall ofthe Sutter Creek Treatment Plant to Preston Youth Correctional Facility, including all pipelines, rights of way, reservoirs, water rights, etc; and,
WHEREAS, the lower Henderson/Preston System as referred to in this agreement includes the components of the Henderson/Preston System from below Preston Forebay to the outfall ofthe pipeline where it enters Castle Oaks property, including Preston Reservoir; and, WHEREAS, ARSA will continue to deliver effluent to the lone tertiary plant subject to the five-year termination clause provided herein in sections Sa and 8b; and, WHEREAS, CDCR operates Mule Creek State Prison ("MCSP") and the Preston Youth Correctional Facility, both located within lone City limits, and which two facilities along with the California Department ofForestry utilize the wastewater treatment plant at MCSP for their wastewater disposal; and,
WHEREAS, lone operates two wastewater treatment plants,.a portion of one treatment plant is located within the boundaries oflone providing secondary level treatment ofwastewater, and the other located in Amador County providing tertiary treatment ofwastewater; and, WHEREAS, each of the Parties' wastewater disposal systems are interrelated and interconnected; and,
WHEREAS, all ofthe Parties wish to work together to achieve a solution that addresses their respective wastewater needs;. and,
WHEREAS, a water balance study was conducted by Lee and Ro, Inc. and completed on April 11, 2007 to determine the amount, if any, of surplus disposal capacity that currently exists in the Henderson/Preston System; and
WHEREAS, the water balance study resulted in an estimated surplus capacity that is allocated pursuant to this agreement.
Porlitic13-1597887.2 0037969-00001 2
IT IS AGREED by and among the partics hereto as follows:
1. • Pursuant to the water balance and on the effective date of this agreement, the • surplus capacity described above is allocated and each party's total allowable discharge to Preston Reservoir is as follows:
•
Total Allowable Discharge to
Henderson/Preston System
ARSA 650 acre-feet (at)
CDCR 350 af (counted against ARSA's 650 af
disposal amount)
lone 150 af (this amount is essentially a negative
capacity amount to the extent that it
relieves lone of the obligation to take this
amount from the other Parties)
2. lone shall be obligated annually to accept from ARSA/CDCR a combined total of 650 af of secondarily treated wastewater for disposal. The method and location of disposal shall be the concern and obligation oflone.
3. CDCR may dispose of up to 350 af (increased from its current allowance of 130 .af) oftreated wastewater into Preston Reservoir annually. CDCR's 350 af allowance shall be counted against ARSA's 650 af disposal right.
4. The effluent discharged to Preston Reservoir must be in compliance with the Waste Discharge Requirements established by the Regional Water Quality Control Board for the discharging party, and shall not contain constituents that cause the lone tertiary plant to violate its Waste Discharge Requirements. Each party agrees to share all non-privileged wastewater effluent quality data with the other parties including monthly, quarterly, and annual reports submitted to the Central Valley Regional Water Quality Control Board. This information shall be furnished in a timely fashion to permit the City oflone tertiary plant staff to evaluate potential impacts to operation of the plant. Ifrequested, data shall be transmitted by facsimile or email, Such requests shall include all public information and shall not be limited to monitoring data that the party is required to provide pursuant to its Waste Discharge Requirements.
5. Unless otherwise agreed upon by the parties, discharges from Preston Reservoir to lone, on a monthly basis, shall be as follows:
a. October 1through March 31st: discharges shall be limited to 10 af per month; b. April 1through September 31st: discharges shall be limited to 95 af per month; and 1'ordnd3-1597887.2 0037969-00001 3
c. The above limitations may be waived by agreement of the parties in the event of an emergency and where neces:,:try for the prevention of environmental damage or civil liabilities attendant to wastewater violations, and in such event and prior to any deviation from these limits the parties agree to meet and confer and lttempt to reach mutual agreement regarding the exceedance am 'ants necessary to accomplish the prevention or mitigation ofthe emergency.
6. Subject to five-year termination clauses in secti _as 8a and 8b, in any year, ARSA and CDCR will continue to provide effluent from Preston Rese:voir to the lone tertiary plant for use on the Castle Oaks Golf Course, ifsuch effluent is available. As provided for in the 1990 Agreement, as amended, Castle Oaks Golf Course will continue to utilize wastewater treated at the lone tertiary plant prior to using water from any other source until December 31, 2013.
7. From the effective date of this agreement, ARSA agrees to eliminate all flows to lone's secondary treatment ponds within four years. ARSA holds existing deeded disposal rights, transmittal rights, and rights of way and easements, to dispose of 1300 acre feet of treated effluent on the former Noble Ranch (County Assessor parcel numbers: 011330001501; 011330002501; and 011330003501) comprising approximately 850 acres of arable ranch land.
A golf course resort has been entitled to be constructed on the property to be known as "Gold Rush Golf, LLC." A mitigated negative declaration for this project, including effluent disposal options, was adopted February 18, 2003, under City of Sutter Creek Resolution Number 02-03-
27. Portions ofthe project have been constructed (e.g. conduit construction under the Highway 49 Bypass) and the remainder will be completed prior to the four-year deadline described in this section. The completion of the.effluent disposal options are independent of the construction of the golf course resort project.
8. This agreement will be in effect for thirty (30) years from the time of its enactment, subject to the following:
a. With regard to the lower Henderson/Preston System, ARSA agrees to eliminate all flows to the lower Henderson/Preston System within five years of receiving a written request to this effect from lone, CDCR, or MCSP. Such written notice may only be given after lone and CDCR have resolved how to provide adequate reclaimed water for both Castle Oaks Golf Course and Preston Youth Correctional Facility. Such resolution may include completing any necessary environmental review pursuant to CEQA for the new source of water; a. contract between the new provider of water, MCSP, lone, the golf course operator; and any necessary permits of modifications to existing permits pursuant to the Porter-Cologne Water Quality Control Act (Cal. Water Code, §§ 13000 et. seq.). b. ARSA shall have a right to cancel all discharges to the lower Henderson/Preston System five (5)years after it gives written notice to Tone and CDCR of its intent. ARSA agrees to work with the Parties to PortInd3- 1597887.2 0037969-00001 4
attempt -to coincide its withdrawal with the c.i.her parties' ability to find an alterne Is,water source.
9. Beginning Jannary 1, 2015, each party whose wastwater is being treated at the lone Tertiary Plant agrees to p--iy a proportionate share of the tertitly plant operation and maintenance costs based on t!•:.: amount of flows the party contribt :as to the tertiary plant. If any ofthe parties has withdrawn P.ows prior to 2014, that party will haxe no such operation and maintenance obligation. Eacl: party's "proportionate share" will be defined by the JPA proposed herein, if it is formed. Ifthe is not formed, "proportionate shEie" will be defined by joint agreement ofthe Parties. To :31e extent that additional treatment, b..yond what the discharging party is required to perform, is necessary to allow recycled water pae of water treated at the lone Tertiary Plant, that party will not be required to pay for such additional treatment, unless required under this agreement. Where the tertiary treated water from the lone Tertiary Plant is sold to. a recycled water user, the revenue generated from the sale will be distributed to the Parties in proportion to the amount of water.the each party contributed to the tertiary plant.
10. MCSP shall endeavor to reduce its wastewater disposal into Preston Reservoir as soon as possible by implementing projects, which may include some or all ofthe following:
a. Installing flushometers on toilets located in cells at MCSP; and b. Installing shower timers, as able, at MCSP.
In addition, CDCR shall conduct a preliminary feasibility study to determine the cost and feasibility for CDCR to incre,se the Preston Reservoir Dam height by sixteen (16) inches, increasing the capacity ofthe reservoir thereby.
11. To implement the provisions ofthis agreement, the Parties may prepare implementation memoranda, as opposed to amendments to this agreement, unless all Parties agree an amendment is necessary. Such implementation agreements may be executed by authorized representatives ofthe Parties.
12. The Parties to this agreement agree to explore and work towards creating a Joint Powers Authority to develop a sub-regional wastewater master plan for the lone Valley. This plan may involve the following elements:
a. Developing a permanent source ofreclaimed water for the Castle Oaks Golf Course, Preston Youth Correctional Facility and other potential reclaimed water users within the lone area.
b. Developing a master plan and joint projects to improve the treatment and disposal capabilities ofthe MCSP and lone wastewater facilities. c. ARSA's participation in the IPA will end when ARSA's discharges to the lower Henderson/Preston System end pursuant to sections 8a and 8b of this agreement.
Port1mi3- 1597887.2 0037969-00003 5
13. Each of the Parties shall work to obtain all necessary permits, apprDvals,.and authorizations to carry out this agreement in compliance with all pertinent Federal, State, and local laws and regulations.
14. In the event of a breach or default ofthis agreement, the aggrieved party will give written notice to the other parties within ten (10) days. After receiving such writ en notice, the .Parties will meet and confer in an attempt to bring the violating party into compli ince with this agreement. If, after meeting and conferring, the Parties fail to agree upon a plan '‘,.) bring the violating party into compliance, the parties may pursue meditation or other means agreed upon by the parties, including other remedies available by law.
15. Such non-performance provisions shall not apply ifthe nature of the breach or default is the result of a force majeure occurrence or is otherwise of a nature such that it cannot be fully, cured within thirty (30) days, the party in default shall have such additional time as is reasonably necessary to cure the default so long as the party in default is proceeding diligently to complete the necessary cure after service of written. notice by a non-defaulting pafty.
16. Each party retains any and all remedies it may have at law or in equity against each and every party hereto for breach of any duty established by this agreement.
17. Invalidation of any of the provisions contained in this agreement, or of the application thereof to any party by judgment or court order, shall in no way affect any ofthe other provisions hereof or the application thereof to any other party and said agreement shall remain in full force and effect except for the invalidated provision. .18. This agreement may be amended only by written instrument signe-i by all the parties.
19. Any notice to any party shall be in writing and by fax or email and given by delivering the notice to such party in person or by sending the notice by registered or certified mail, return receipt requested with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are: •
City:
ARSA.
PortInd3-1597887.2 0037969-00003
City Manager
City oflone
Post Office. Box 398
lone, CA 95640
Rob Duke
General Manager
18 Main Street
Sutter Creek, CA 95685
6 CDCR: Warden
Mule Creek State Prison
4001 Highway 104
lone, CA 95640
Either party may change its mailing address at any time by giving written ange to the other parties in the manner provided herein at least ten (10) days pri :1.ach change is effected. All notices shall be cemed given, received, made or cot he delivery date or attempted delivery date shown on the return receipt.
20. Nothing contained in this agreement shall act as a prohibition on ti additional contracts and agreements by and between the Parties to further implern. intentions ofthe Parties.
'lice of such
to the date
nunicated on
formation of
.t the
21. Failure of a party to insist upon the strict performance of any ofthe '?rovisions of t'Ais agreement by any other party, irrespective ofthe length oftime for which suc. failure • continues, shall not constitute a waiver of such party's right to demand strict compliance by the other party in the future. No waiver by a party of an act constituting breach or del..ult shalne effective or binding upon such party unless the waiver is made in writing by such ,Arty, and no such waiver shall be implied from any omission by a party to take any action with 7espect to such breach or default under any provision ofthis agreement.
22. This agreement may be signed in counterparts, and shall have the s...1,.ne force and effect as if all signatures existed on the same document.
Dated:
Approved as to form:
CITY OF IONE
(12 B
erry 5 erman
Mayo , City oflone
STOR,
Dated: By:
l'ort1nd3-1597887.2 0037969-00001
Timothy M. T3Jor
Attorneys for the City oflone
7 (911812007) Rob Duke - PortIndl_1597887_2.pdf - Page 8j Dated: /
Approv• as to form:
Dated:
Dated:
q/cv/oi
Approved as to form:
ARSA
Rob D:
General. Manager
MCDO )UGY HOLLAN LLEN
11).
arriet ,teiner
Attorneys for ARSA
CDCR
By:
Deboral, Hysen
Chief D.:•puty Secretary
Facilit y Planning, Construction, and Management
CALIFORNIA DEPARTMENT OF CORRECTIONS
AND RD-MBE:J.1A TION, OFFICE OF LEGAL
AFFAI RS
Dated: By:
Chris S wanberg
Senior Staff Counsel
Attorneys for CDCR
Poc tInc13 -1597887.2 0037969.00001 8
Dated:
••.;
Approved as to form:,
ARSA
By:
Rob Duke
General Manager
MCDONOUGH HOLLAND ••: ALLEN
Dated: By:
Harriet Steiner
Attorneys for ARSA
Dated: CDCR
By:
Deborah Hysen
Chief Deputy Seeretai y
Facility Planning, Con.„tniction, and Management
Approved as to form:
CALIF° EPARTMEr T OF COR 10 S
AND RI- LITAT1ON, Of:TICE 0 A."
AFF
1 Dated: By.
Poriln(13-1597887.2 0037969-00301
hris Swanberg
Senior Staff Couns .1
Attorneys for CDC
8 EXHIBIT B
.L.TATE.OF.CALIFORNIA Environmental Pro .on Agency
egerviv1lkv.,7`4141/4..te..) it15640
izais (4144pra
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
3443 Routier Road, Suite A
Sacramento, CA 85027-3088
PHONE: (916) 255-3000
FAX: (918) 255-3015
7 December 1993
Mr. Roderick E. Schuler
Amador Regional Sanitation Authority
108 Court Street
Jackson, CA 95642
Mr. Watson Clifford, City Engineer
City of lone
P.O. Box 398
lone, CA 95640
Mr. George S. Lee, Vice President
Portlock International, Ltd.
P.O. Box 1368
lone, CA 95640
CERTIFIED MAIL
P 430 798 037
CERTIFIED MAIL
P 430 798 038
CERTIFIED MAIL
P 430 798 039
PETE WILSON, Governor
RECEIVED EL/SLIC WORKS AGENCi
ULU ft1993
da COURT. STREIK?: 2ACKSON, CA98642-23301
TRANSMITTAL OF ADOPTED/AMENDED WASTE DISCHARGE REQUIREMENTS FOR
AMADOR COUNTY REGIONAL OUTFALL AND CASTLE OAKS GOLF COURSE AND
DEVELOPMENT, AMADOR REGIONAL SANITATION AUTHORITY, CITY OF IONE, PORTLOCK INTERNATIONAL, LTD.
Enclosed is an official copy of Order No. 93-240 as amended by the California Regional Water Quality Control Board, Central Valley Region, at its last regular meeting.
ES B. MAUGHA
Area Engineer
JBM:dlk
Enclosures:
cc+Encl:
Adopted Order, Standard Provisions (Discharger only)
Office of Drinking Water, Department of Health Services, Sacramento Environmental Mgmt. Branch, Department of Health Services, Sacramento Department of Fish and Game, Rancho Cordova
Department of Water Resources, Central District, Sacramento Mrs. Betsy Jennings, State Water Resources Control Board, Sacramento Mr. Archie Matthews, State Water Resources Control Board, Sacramento Amador County Health Department, Jackson
Amador County Planning Department, Jackson
Mr. Richard Stowell, Dewante & Stowell, Sacramento
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
ORDER NO. 93-240
WATER RECLAMATION REQUIREMENTS
FOR
AMADOR COUNTY REGIONAL OUTFALL
AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
The California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds that:
1. Amador Regional Sanitation Authority (ARSA), the City of lone, and Portlock International, Ltd. (hereafter Discharger) submitted a Report of Waste Discharge, dated 5 November 1993, for revised requirements for treatment and reclamation use of wastewater from the Amador County Regional Outfall.
2. ARSA is a special district which operates the Amador County Regional Outfall System. Effluent produced by the City of Sutter Creek wastewater treatment plant is stored in a series of reservoirs. ARSA provides water to a group of ranchers known as the Amador County Reclaimed Wastewater Users and to the Preston School of Industry in lone. ARSA also augments this supply with water diverted from Sutter Creek.
3. The Board, on 24 June 1988, adopted Order No. 88-114 which prescribed requirements for Amador Regional Sanitation Authority, Amador County Regional Outfall, which included the discharge to 430 acres of State-owned and privatelyowned property for pasture irrigation. This pasture area has been developed and is now the site of the Castle Oaks Golf Course and Development Project.
4. ARSA has several orders governing discharges from the Amador County Regional Outfall. Effluent from this system is delivered to the California Youth Authority, Preston School of Industry (Order No. 83-023) and Amador County Reclaimed Wastewater Users (Order No. 83-024) on a as needed basis. Preston filters and chlorinates the ARSA water and uses it for toilet flushing, landscaping irrigation, and fire protection.
5. In order to assure adequate disposal capacity for Amador County Regional Outfall effluent, ARSA has entered into a long-term agreement with the City of lone to dispose of up to 900 acre-feet/year. The 18-hole Castle Oaks Golf Course is approximately 190 acres with 15 acres of ponds and is owned by the City of lone.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-2-
6. The City of lone is proposing to construct a reclamation plant that will treat the secondary effluent in the ARSA outfall system to meet Title 22 requirements for unrestricted use. The treatment facility is owned and will be operated by the City of lone, with Portlock International, Ltd. managing the irrigation system at the golf course. Until this facility is completed, the discharge will operate under interim effluent limitations. Exposure to golfers or residents will not be allowed during this interim period.
7. The wastewater treatment facilities will include a PVC-lined equalization lake, sand filters and a chlorine contact basin. Effluent will be reclaimed at the Castle Oaks Golf Course. Mostly irrigation will occur from April to November with limited irrigation demand during the winter.
8. The City of lone will discharge an average of 1.2 million gallons per day (mgd) to holding ponds at the treatment plant and golf course followed by irrigation of the Castle Oaks Golf Course. ARSA will continue operations of Henderson and Preston Reservoirs for storage and regulation.
9. The Outfall System is in Sections 9-12, 16-18, T6N, R10E, 1VMB&M and Sections 22 and 23, T6N, R9E, MDB&M with surface water drainage to Mule and Sutter Creeks, tributary to Dry Creek, tributary to Mokelumne River as shown on Attachment A, which is attached hereto and a part of the Order by reference.
10. The City of lone, ARSA and Portlock International, Ltd. on 30 November 1993 entered into an agreement as to the responsibilities each has concerning the treatment, conveyance and disposal of the wastewater.
11. The Board adopted a Water Quality Control Plan, Second Edition, for the Sacramento-San Joaquin Delta Basin (5B) (hereafter Basin Plan), which contains water quality objectives for all waters of the Basin. These requirements implement the Basin Plan.
12. The beneficial uses of Sutter and Mule Creeks and downstream waters are municipal, industrial and agricultural supply; recreation; esthetic enjoyment; navigation; ground water recharge; fresh water replenishment; and preservation and enhancement of fish, wildlife, and other aquatic resources.
13. The beneficial uses of the ground water are municipal, domestic, industrial, and agricultural supply.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-3-
14. City of lone has certified a Final Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines. The project as approved will not have a significant effect on water quality.
15. The Board has reviewed the EIR and concurs there are no significant impacts on water quality.
16. The Department of Health Services has established statewide reclamation criteria in Title 22, California Code of Regulations, Section 60301, et seq. (hereafter Title 22) for the use of reclaimed water.
17. The Board consulted with the Department of Health Services, Amador County Health Department and considered their recommendations regarding public health aspects for use of reclaimed water.
18. Section 2511(a), Title 23, of the California Code of Regulations (CCR), exempts this discharge from the requirements of Chapter 15.
19. The Board has notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations.
20. The Board, in a public meeting, heard and considered all comments pertaining to the discharge.
IT IS HEREBY ORDERED that Waste Discharge Requirements Order No. 88-114 is rescinded and the City of lone, Amador County Regional Outfall System, Amador Regional Sanitation Authority, Portlock International, Ltd., its agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following:
A. Interim Effluent Limitations - Golf Course Irrigation (Construction and Development Phase):
1. The discharge of an effluent in excess of the following limits is prohibited:
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
Weekly Monthly Daily
Constituent Units mown Average Maximum
Total Coliform MPN/100 ml 23 240
Organisms
Flow mgd L2
BOD5 mg/1 40 80
B. Final Effluent Limitations:
-4-
1. The irrigation of the golf course and green space areas which are accessible to the public with reclaimed wastewater in excess of the following limits is prohibited:
Monthly Monthly Daily
Constituent Units Median Average Maximum
Total Coliform MPN/100 ml 2.2 23
Organisms
Flow mgd 1.2
Settleable Matter m1/I 0.2 0.5
BOD5 mg/1 10 30
Turbidity NTU 2 5
2. The irrigation of dedicated disposal areas which are not accessible to golfer, residents or the public with reclaimed wastewater in excess of the following limits is prohibited:
Monthly Monthly Daily
Constituent Units Median Average Maximum
Total Coliform MPN/100 ml 23 240
Organisms
BOD5 mg/1 40 80
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVFLOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
C. Discharge Prohibitions:
1. Discharge of wastes to surface waters or surface water drainage courses is prohibited.
2. The by-pass or overflow of untreated or partially treated waste is prohibited.
3. Discharge of waste classified as 'hazardous' or 'designated,' as defined in Sections 252I(a) and 2522(a) of Chapter 15, is prohibited.
D. Discharge Specifications:
I. Neither the treatment nor the discharge shall cause a nuisance or condition of pollution as defined by the California Water Code, Section 13050.
2. The discharge shall not cause degradation of any water supply.
3. The discharge shall remain within the designated disposal area at all times.
4. Collected screenings, sludges, and other solids removed from liquid wastes shall be disposed of in a manner approved by the Executive Officer. -5-
5. Wastewater shall be discharged to Castle Oaks Golf Course in accordance with a Wastewater Disposal Operations Plan which has been approved by the Executive Officer. Prior to irrigation of dedicated disposal areas pursuant to Effluent Limitation B.2., the Discharger shall submit to the Executive Officer a specific operation plan describing the irrigated area, rate of application, irrigated crops, and efforts to prevent public exposure.
6. A 2.0-foot freeboard shall be maintained in all treatment and storage ponds at all times or an operational plan shall be submitted which shows why a 2.0-foot freeboard is not needed to prevent overtopping of the berms.
7. Reclaimed wastewater shall meet the criteria contained in Title 22, Division 4, CCR (Section 60301, et seq.).
8. Reclaimed wastewater conveyance lines shall be clearly marked as such.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-6-
9. The dissolved oxygen content of holding ponds shall not be less than 1.0 mg/1 for 16 hours in any 24-hour period.
10. Areas irrigated with reclaimed water shall be managed to prevent breeding of mosquitos. More specifically,
a. Tail water must be returned and all applied irrigation water must infiltrate completely within a 12-hour period.
b. Ditches not serving as wildlife habitat should be maintained free of emergent, marginal, and floating vegetation.
c. Low-pressure and unpressurized pipelines and ditches accessible to mosquitos shall not be used to store reclaimed water.
11. Reclaimed water for irrigation shall be managed to minimize erosion and runoff from the disposal area.
12. Direct or windblown spray shall be confined to the designated reclamation area and prevented from contacting drinking water facilities.
13. The Discharger may not spray irrigate effluent during periods of precipitation and for at least 24 hours after cessation of precipitation, or when winds exceed 30 mph.
14. A 100-foot buffer shall be maintained between any flowing watercourse and the wetted area produced during spray disposal.
15. Signs with proper wording of sufficient size shall be placed at areas of access and around the perimeter of all areas used for effluent disposal to alert the public of the use of reclaimed water.
16. Runoff from irrigated areas, within 24 hours of the last application of reclaimed water, shall not be discharged to any surface water drainage course.
17. There shall be no irrigation or impoundment of reclaimed water within 500 feet of any domestic water well or within 100 feet of any irrigation well unless it is demonstrated to the satisfaction of the Executive Officer that less distance is justified.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
E. Provisions:
-7-
Reclaimed water controllers, valves, etc., shall be affixed with reclaimed water warning signs, and these and quick couplers and sprinkler heads shall be of a type, or secured in a manner, that pennits operation by authorized personnel only.
2. The treatment facilities shall be designed, constructed, operated, and maintained to prevent inundation or washout due to floods with a 100-year return frequency.
3. The Discharger may be required to submit other technical reports as directed by the Executive Officer.
4. The Discharger shall submit a report by 1 September each year which describes how the Preston Reservoir is being maintained for the up-coming winter season. This report should contain current levels in reservoir and methods planed to dispose of wastewater so that winter storage levels are reached.
5. The Discharger shall comply with the Monitoring and Reporting Program No. 93-240, which is part of this Order, and any revisions thereto as ordered by the Executive Officer.
6. The Discharger shall comply with the "Standard Provisions and Reporting Requirements for Waste Discharge Requirements", dated 1 March 1991, which are attached hereto and by reference a part of this Order. This attachment and its individual paragraphs are commonly referenced as "Standard Provision(s)."
7. The Discharger shall report promptly to the Board any material change or proposed change in the character, location, or volume of the discharge.
8. In the event of any change in control or ownership of land or waste discharge facilities presently described herein, the Discharger shall notify the succeeding owner or operator of the existence of this Order by letter, a copy of which shall be forwarded to this office.
9. The Board will review this Order periodically and will revise requirements when necessary.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-8-
I, WILLIAM H. CROOKS, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Central Valley Region, on 3 December 1993.
UJL WILLIAM H. CROOKS, Executive Officer
Attachments
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
MONITORING AND REPORTING PROGRAM NO. 93-240
FOR
AMADOR COUNTY REGIONAL OUTFALL
AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANNATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
EFFLUENT MONITORING
Effluent samples shall be collected just prior to discharge to the irrigation system. Effluent samples should be representative of the volume and nature of the discharge. Samples collected from the outlet structure of ponds will be considered adequately composited. Time of collection of a grab sample shall be recorded. The following shall constitute the effluent monitoring program:
Type of Sampling
Constituents Units Sample Frequency
Total Colifonn MPN/100 ml Grab Daily
Organisms
Flow mgd Cumulative Daily
20°C BOD5 mg/1 Grab Weekly
Settleable Matter rnI/1 Grab Weekly
Turbidity NTU Grab Weekly
STORAGE PONDS MONITORING
All dissolved oxygen samples shall be taken from the surface of the storage ponds.
Type of Sampling
Constituents Units Sample Frequency
Dissolved Oxygen mg/1 Crab Weekly
Freeboard feet Weekly
MONITORING AND REPORTING PROGRAM
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
GROUND WATER MONITORING
The following shall constitute the ground water monitoring program:
Sampling
Constituents Units Frequency
Specific Conductivity mhos/cm Monthly
pH pH Units Monthly
Nitrate mg/1 Monthly
Well Elevation feet, Monthly
USGS Datum
-2-
The City of lone will install at least one upgradient and two downgradient ground water monitoring wells by 1 June 1994 around the storage ponds at the Castle Oaks Golf Course.
REPORTING
In reporting the monitoring data, the Discharger shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly the compliance with waste discharge requirements.
Monthly monitoring reports shall be submitted to the Regional Board by the 20th day of the following month.
The results of any monitoring done more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board.
Upon written request of the Board, the Discharger shall submit a report to the Board by 30 January of each year. The report shall contain both tabular and graphical summaries of the monitoring data obtained during the previous year. In addition, the Discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements.
MONITORING AND REPORTING PROGRAM
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
The Discharger shall implement the above monitoring program as of the date of this Order.
Ordered by: vici I
WILLIAM H. CROOKS, Executive Officer
3 December 1993
(date)
IBM
INFORMATION SHEET
AMADOR REGIONAL COUNTY OUTFALL AND CASTLE OAKS GOLF COURSE
AND DEVELOPMENT, AMADOR REGIONAL SANITATION AUTHORITY, THE CITY OF IONE, POR'TLOCK INTERNATIONAL, LTD., AMADOR COUNTY
Year-round irrigation of the Castle Oaks Golf Course with tertiary treated wastewater will replace the existing April to October discharge of secondary effluent to farm land that Amador Regional Sanitation Authority has been using to dispose of its wastewater. The new treatment facility and golf course are off Highway 104, just west of the City of lone in Amador County. The treatment plant is owned and operated by the City of lone. Portlock International, Ltd. will manage the irrigation of the golf course.
The Board, on 24 June 1988, adopted Order No. 88-114 prescribing requirements for Amador Regional Sanitation Authority, Amador County Regional Outfall System included the discharge to 430 acres of State-owned and privately-owned property for pasture irrigation.
This area is now the site of the Castle Oaks Golf Course and Development Project. The City owns the golf course and ARSA has an agreement with the city to supply wastewater for irrigation purposes up to 900 acre-feet/year.
ARSA is a special district which operates the Amador County Regional Outfall System.
Secondary effluent produced by the City of Sutter Creek wastewater treatment plant, mixed with water diverted from Sutter Creek is stored in Henderson and Preston reservoirs. ARSA provides water to ranchers from these reservoirs and to the Preston School of Industry in lone. Preston filters and chlorinates the ARSA water and uses it for toilet flushing, landscaping irrigation, and fire protection.
ARSA also is under Order No. 83-024 governing discharges from the Amador County Regional Outfall to reclaimed wastewater users. Preston School, which receives wastewater from the outfall, is governed by Order No. 83-023.
The 18-hole Castle Oaks Golf Course has been constructed. However, the course is not open for use; the site will continue to use secondary treated wastewater during the construction phase of the treatment facilities. In the spring of 1994, the treatment facility is expected to be completed. The treatment facility will include a PVC-lined equalization lake, sand filters and a chlorine contact basin. Effluent will be used for irrigation and water hazards at the Castle Oaks Golf Course. The average flow of tertiary treated wastewater is expected to reach 1.2 mgd.
Golf course irrigation will occur mostly April to November. Surface water drainage is to Sutter and Mule Creeks, tributary to Dry Creek, and tributary to the Mokelumne River.
Attachment A
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AMADOR COUNTY REGIONAL
OUTFALL SYSTEM
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
Section 9-12,16-18, T6N, R10E, MDB&M
SectIon 22 & 23, T6N, R9E, MDB&m
Sutter Creek 15' Quadrangle
Scale: 1:62,500
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
STANDARD PROVISIONS AND REPORTING REQUIREMENTS
FOR
WASTE DISCHARGE REQUIREMENTS
1 March 1991
A. General Provisions:
1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, or protect the discharger from liabilities under federal, state, or local laws. This Order does not convey any property rights or exclusive privileges.
2. The provisions of this Order are severable. If any provision of this Order is held invalid, the remainder of this Order shall not be affected.
3. After notice and opportunity for a hearing, this Order may be terminated or modified for cause, including, but not limited to:
a. Violation of any term or condition contained in this Order; b. Obtaining this Order by misrepresentation, or failure to disclose fully all relevant facts;
c. A change in any condition that results in either a temporary or permanent need to reduce or eliminate the authorized discharge; d. A material change in the character, location, or volume of discharge.
4. Before making a material change in the character, location, or volume of discharge, the discharger shall file a new Report of Waste Discharge with the Regional Board. A material change includes, but is not limited to, the following:
a. An increase in area or depth to be used for solid waste disposal beyond that specified in waste discharge requirements
b. A significant change in disposal method, location or volume, e.g., change from land disposal to land treatment.
c. The addition of a major industrial, municipal or domestic waste discharge facility.
d. The addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -2-
Waste Discharge to Land
A. General Provisions (continued)
5. Except for material determined to be confidential in accordance with California law and regulations, all reports prepared in accordance with terms of this Order shall be available for public inspection at the offices of the Board. Data on waste discharges, water quality, geology, and hydrogeology shall not be considered confidential.
6. The discharger shall take all reasonable steps to minimize any adverse impact to the waters of the state resulting from noncompliance with this Order. Such steps shall include accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.
7. The discharger shall maintain in good working order and operate as efficiently as possible any facility, control system, or monitoring device installed to achieve compliance with the waste discharge requirements.
8. The discharger shall permit representatives of the Regional Board (hereafter Board) and the State Water Resources Control Board, upon presentation of credentials, to:
a. Enter premises where wastes are treated, stored, or disposed of and facilities in which any records are kept,
b. Copy any records required to be kept under terms and conditions of this Order,
c. Inspect at reasonable hours, monitoring equipment required by this Order, and
d. Sample, photograph and video tape any discharge, waste, waste management unit or monitoring device.
9. For any electrically operated equipment at the site, the failure of which could cause loss of control or containment of waste materials, or violation of this Order, the discharger shall employ safeguards to prevent loss of control over wastes. Such safeguards may include alternate power sources, standby generators, retention capacity, operating procedures, or other means.
10. The fact that it would have been necessary to halt or reduce the permitted activity in Order to maintain compliance with this Order shall not be a defense for the discharger's violations of the Order.
11. Neither the treatment nor the discharge shall create a condition of nuisance or pollution as defined by the California Water Code, Section 13050.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -3-
Waste Discharge to Land
A. General Provisions (continued)
12. The discharge shall remain within the designated disposal area at all times.
B. General Reporting Requirements
1. In the event the discharger does not comply or will be unable to comply with any prohibition or limitation of this Order for any reason, the discharger shall notify the Board by telephone at (916) 255-3000 as soon as it or its agents have knowledge of such noncompliance or potential for noncompliance, and shall confirm this notification in writing within two weeks. The written notification shall state the nature, time and cause of noncompliance, and shall describe the measures being taken to prevent recurrences and shall include a timetable for corrective actions.
2. The discharger shall have a plan for preventing and controlling accidental discharges, and for minimizing the effect of such events.
This plan shall:
a. Identify the possible sources of accidental loss or leakage of wastes from each waste management, treatment, or disposal facility. b. Evaluate the effectiveness of present waste management/treatment units and operational procedures, and identify needed changes or contingency plans.
c. Predict the effectiveness of the proposed changes in waste management/treatment facilities and procedures and provide an implementation schedule containing interim and final dates when changes will be implemented.
The Board, after review of the plan, may establish conditions that it deems necessary to control leakages and minimize their effects.
3. All reports shall be signed by persons identified below:
a. For a corporation: by a principal executive officer
of at least the level of senior vice-president.
b. For a urtnership or sole proprietorship: by a general partner or the proprietor.
c. For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected or appointed official.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -4-
Waste Discharge to Land
B. General Reporting Requirements (continued)
d. A duly authorized representative of a person designated in 3a, 3b or 3c of this requirement if;
(I) the authorization is made in writing by a person described in 3a, 3b, or 3c of this provision;
(2) the authorization specifies either an individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator of a waste management unit, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
(3) the written authorization is submitted to the Board Any person signing a document under this Section shall make the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
4. Technical and monitoring reports specified in this Order are requested pursuant to Section 13267 of the Water Code. Failing to furnish the reports by the specified deadlines and falsifying information in the reports, are misdemeanors that may result in assessment of civil liabilities against the discharger.
5. The discharger shall mail a copy of each monitoring report and any other reports required by this Order to:
California Regional Water Quality Control Board
Central Valley Region
3443 Routier Road, Suite A
Sacramento, CA 95827-3098
or the current address if the office relocates.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -5-
Waste Discharge to Land
C. Provisions for Monitoring
1. All analyses shall be made in accordance with the latest edition of:
(1) "Methods for Organtc Chemical Analysis of Municipal and Industrial Wastewater" (EPA 600 Series) and (2) "Test Methods for Evaluating Solid Waste" (SW 846-latest edition). The test method may be modified subject to application and approval of alternate test procedures under the Code of Federal Regulations (40 CFR 136).
2. Chemical, bacteriological, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services. In the event a certified laboratory is not available to the discharger, analyses performed by a noncertified laboratory will be accepted provided a Quality Assurance-Quality Control Program is instituted by the laboratory. A manual containing the steps followed in this program must be kept in the laboratory and shall be available for inspection by Board staff. The Quality Assurance -Quality Control Program must conform to EPA guidelines or to procedures approved by the Board.
Unless otherwise specified, all metals shall be reported as Total Metals.
3. The discharger shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings of continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of three years from the date of the sample, measurement, report, or application, This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer.
Record of monitoring information shall include:
a. the date, exact place, and time of sampling or measurements, b. the individual(s) who performed the sampling of measurements, c. the date(s) analyses were performed,
d. the individual(s) who performed the analyses,
e. the laboratory which performed the analysis,
f. the analytical techniques or methods used, and
g. the results of such analyses.
4. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated at least yearly to ensure their continued accuracy.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -6-
Waste Discharge to Land
C. Provisions For Monitoring (continued)
5. The discharger shall maintain a written sampling program sufficient to assure compliance with the terms of this Order. Anyone performing sampling on behalf of the discharger shall be familiar with the sampling plan.
6. The discharger shall construct all monitoring wells to meet or exceed the standards stated in the State Department of Water Resources Bulletin 74-81 and subsequent revisions, and shall comply with the reporting provisions for wells required by Water Code Sections 13750 through 13755.22
D. Standard Conditions for Facilities Subject to California Code of Regulations, Title 23, Division 3, Chapter 15 (Chapter 15)
1. All classified waste management units shall be designed under the direct supervision of a California registered civil engineer or a California certified engineering geologist. Designs shall include a Construction Quality Assurance Plan, the purpose of which is to:
a. demonstrate that the waste management unit has been constructed according to the specifications and plans as approved by the Board. b. provide quality control on the materials and construction practices used to construct the waste management unit and prevent the use of inferior products and/or materials which do not meet the approved design plans or specifications.
2. Prior to the discharge of waste to any classified waste management unit, a California registered civil engineer or a California certified engineering geologist must certify that the waste management unit meets the construction or prescriptive standards and performance goals in Chapter 15, unless an engineered alternative has been approved by the Board. In the case of an engineered alternative, the registered civil engineer or certified engineering geologist must certify that the waste management unit has been constructed in accordance with Board-approved plans and specifications.
3. Materials used to construct liners shall have appropriate physical and chemical properties to ensure containment of discharged wastes over the operating life, closure, and post-closure maintenance period of the waste management units.
4. Closure of each waste management unit shall be performed under the direct supervision of a California registered civil engineer or California certified engineering geologist.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -7-
Waste Discharge to Land
E. Conditions Applicable to Discharge Facilities Exempted From Chapter 15 Under Section 2511
1. If the discharger's wastewater treatment plant is publicly owned or regulated by the Public Utilities Commission, it shall be supervised and operated by persons possessing certificates of appropriate grade according to California Code of Regulations, Title 23, Division 4, Chapter 14.
2. By-pass (the intentional diversion of waste streams from any portion of a treatment facility, except diversions designed to meet variable effluent limits) is prohibited. The Board may take enforcement action against the discharger for by-pass unless:
a. (1) By-pass was unavoidable to prevent loss of life, personal injury, or severe property damage. (Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a by-pass.
Severe property damage does not mean economic loss caused by delays in production); and
(2) There were no feasible alternatives to by-pass, such as the use of auxiliary treatment facilities or retention of untreated waste. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a by-pass that would otherwise occur during normal periods of equipment downtime or preventive maintenance; or
b. (1) by-pass is required for essential maintenance to assure efficient operation; and (2) neither effluent nor receiving water limitations are exceeded; and
(3) the discharger notifies the Board ten days in advance.
The permittee shall submit notice of an unanticipated by-pass as required in paragraph 8.1. above.
3. A discharger that wishes to establish the affirmative defense of an upset (see definition in E.6 below) in an action brought for noncompliance shall demonstrate, through properly signed, contemporaneous operating logs, or other evidence, that:
a. an upset occurred and the cause(s) can be identified; STANDARD PROVISIONS AND REPORTING REQUIREMENTS -8-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
b. the permitted facility was being properly operated at the time of the upset;
c. the discharger submitted notice of the upset as required in paragraph 6.1., above; and
d. the discharger complied with any remedial measures required by waste discharge requirements.
In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset has the burden of proof.
4. A discharger whose waste flow has been increasing, or is projected to increase, shall estimate when flows will reach hydraulic and treatment capacities of its treatment, collection, and disposal facilities. The projections shall be made in January, based on the last three years' average dry weather flows, peak wet weather flows and total annual flows, as appropriate. When any projection shows that capacity of any part of the facilities may be exceeded in four years, the discharger shall notify the Board by 31 January.
5. Effluent samples shall be taken downstream of the last addition of wastes to the treatment or discharge works where a representative sample may be obtained prior to disposal. Samples shall be collected at such a point and in such a manner to ensure a representative sample of the discharge.
6. Definitions
a. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper action.
b. The monthly average discharge is the total discharge by volume during a calendar month divided by the number of days in the month that the facility was discharging. This number is to be reported in gallons per day or million gallons per day.
Where less than daily sampling is required by this Order, the monthly average shall be determined by the summation of all the measured discharges by the number of days during the month when the measurements were made.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -9-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
c. The monthly average concentration is the arithmetic mean of measurements made during the month.
d. The "daily maximum" discharge is the total discharge by volume during any day.
e. The "daily maximum" concentration is the highest measurement made on any single discrete sample or composite sample.
f. A "grab" sample is any sample collected in less than 15 minutes. g. Unless otherwise specified, a composite sample is a combination of individual samples collected over the specified sampling period; (1) at equal time intervals, with a maximum interval of one hour (2) at varying time intervals (average interval one hour or less) so that each sample represents an equal portion of the
cumulative flow.
The duration of the sampling period shall be specified in the Monitoring and Reporting Program. The method of compositing shall be reported with the results.
7. Annual Pretreatment Report Requirements:
Applies to dischargers required to have a Pretreatment Program as stated in waste discharge requirements.)
The annual report shall be submitted by 28 February and include, but not be limited to, the following items:
a. A summary of analytical results from representative, flow - proportioned, 24 -hour composite sampling of the influent and effluent for those pollutants EPA has identified under Section 307(a) of the Clean Water Act which are known or suspected to be discharged by industrial users.
The discharger is not required to sample and analyze for asbestos until EPA promulgates an applicable analytical technique under 40 CFR (Code of Federal Regulations) Part 136. Sludge shall be sampled during the same 24-hour period and analyzed for the same pollutants as the influent and effluent sampling and analysis. The sludge analyzed shall be a composite sample of a minimum of 12 discrete samples taken at equal time intervals over the 24-hour period. Wastewater and sludge sampling and analysis shall be STANDARD PROVISIONS AND REPORTING REQUIREMENTS -10-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
performed at least annually. The discharger shall also provide any influent, effluent or sludge monitoring data for nonpriority pollutants which may be causing or contributing to Interference, Pass Through or adversely impacting sludge quality. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto.
b. A discussion of Upset, Interference, or Pass Through incidents, if any, at the treatment plant which the discharger knows or suspects were caused by industrial users of the system. The discussion shall include the reasons why the incidents occurred, the corrective actions taken and, if known, the name and address of the industrial user(s) responsible. The discussion shall also include a review of the applicable pollutant limitations to determine whether any additional limitations, or changes to existing requirements, may be necessary to prevent Pass Through, Interference, or noncompliance with sludge disposal requirements. c. The cumulative number of industrial users that the discharger has notified regarding Baseline Monitoring Reports and the cumulative number of industrial user responses.
d. An updated list of the discharger's industrial users including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The discharger shall provide a brief explanation for each deletion. The list shall identify the industrial users subject to federal categorical standards by specifying which set(s) of standards are applicable. The list shall indicate which categorical industries, or specific pollutants from each industry, are subject to local limitations that are more stringent than the federal categorical standards. The discharger shall also list the noncategorical industrial users that are subject only to local discharge limitations. The discharger shall characterize the compliance status through the year of record of each industrial user by employing the following descriptions:
(1) Complied with baseline monitoring report requirements (where applicable);
(2) Consistently achieved compliance;
(3) Inconsistently achieved compliance;
(4) Significantly violated applicable pretreatment requirements as defined by 40 CFR 403.8(f)(2)(vii);
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -11-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
(5) Complied with schedule to achieve compliance (include the date final compliance is required);
(6) Did not achieve compliance and not on a compliance schedule; (7) Compliance status unknown.
A report describing the compliance status of any industrial user characterized by the descriptions in items (d)(3) through (d)(7) above shall be submitted quarterly from the annual report date to EPA and the Board. The report shall identify the specific compliance status of each such industrial user. This quarterly reporting requirement shall commence upon issuance of this Order. e. A summary of the inspection and sampling activities conducted by the discharger during the past year to gather information and data regarding the industrial users. The summary shall include but not be limited to, a tabulation of categories of dischargers that were inspected and sampled; how many and haw often; and incidents of noncompliance detected.
f. A summary of the compliance and enforcement activities during the past year. The summary shall include the names and addresses of the industrial users affected by the following actions:
(I) Warning letters or notices of violation regarding the industrial user's apparent noncompliance with federal
categorical standards or local discharge limitations. For each industrial user, identify whether the apparent violation concerned the federal categorical standards or local discharge limitations;
(2) Administrative Orders regarding the industrial user's noncompliance with federal categorical standards or local discharge limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations;
(3) Civil actions regarding the industrial user's noncompliance with federal categorical standards or local discharge limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations; STANDARD PROVISIONS AND REPORTING REQUIREMENTS -12-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
(4) Criminal actions regarding the industrial user's noncompliance with federal categorical standards or local discharge
limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations.
(5) Assessment of monetary penalties. For each industrial user identify the amount of the penalties;
(6) Restriction of flow to the treatment plant; or
(7) Disconnection from discharge to the treatment plant. g• A description of any significant changes in operating the pretreatment program which differ from the discharger's approved Pretreatment Program, including, but not limited to, changes concerning: the program's administrative structure; local industrial discharge limitations; monitoring program or monitoring frequencies; legal authority or enforcement policy; funding mechanisms; resource requirements; and staffing levels. h. A summary of the annual pretreatment budget, including the cost of pretreatment program functions and equipment purchases. i. A summary of public participation activities to involve and inform the public.
A description of any changes in sludge disposal methods and a discussion of any concerns not described elsewhere in the report.
Duplicate signed copies of these reports shall be submitted to the Board and:
j.
Regional Administrator
U.S. Environmental Protection Agency W-5
75 Hawthorne Street
San Francisco, CA 94105
and
State Water Resources Control Board
Division of Water Quality
P.O. Box 944213
Sacramento, CA 94244-2130
Revised March 1993 to update phone number of Central Valley Regional Board.
EXHIBIT C
SUTTER, CREEK
AmADoRPcorueN
TY
ston Dam Break Inundation Map
DSOD DAM #2029.003
Admr NID # CA00012 Sunny Day Dam Failure Scenario DATE: 28 MAR 2019 Panel Locator
16 a IN OP • 4. • ale • •
Panel 1 of 4
a 41•111 a •••••..m,m
:MI al Oa • a am
..•••••IJ
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, MET), Esri China (Hong Kong), Esri Korea, Esri (Thai) NGCC, OpenStreetMap contributors, and the GIS Us oMbiunity
Legend
X Main Dam Half Mile Measures
Main Dam
Auxiliary Dike
¢1:0=5,1•1150 Stream Centerlines
Highway
Major Road
Minor Road
-+-+ Railroads
Main Dam Sunnyday Breach
Main Dam Inundated Structures
9,0 Preston Reservoir
0 Signed: 28 MAR 2019
600 1,200
1 Feet Reference Scale: 1:7.200
DATA SOURCES:
PRELIMINARY INUNDATION AREAS WERE PREPARED BY CONDOR EARTH, APRIL 2019.
LIDAR SCENES WERE PROCESSED INTO A DEM, AS THE PRIMARY ELEVATION DATA PRODUCT PRODUCED AND DISTRIBUTED BY THE USGS. HORIZONTAL DATUM NAME NORTH AMERICAN DATUM OF 1983.
ALTITUDE DATUM NAME. NORTH AMERICAN VERTICAL DATUM OF 1988.
MAP COMPILED IN GEOGRAPHIC COORDINATES, NAD 1983. PROJECTION: LAMBERT CONFORMAL CONIC - CALIFORNIA STATE PLANE ZONE 2 (FEET).
NOTE:
BECAUSE OF THE METHOD, PROCEDURES, AND ASSUMPTIONS USED TO DEVELOP THE INUNDATION AREA.
THE LIMITS OF FLOODING SHOWN AND FLOOD WAVE ARRIVAL TIMES ARE APPROXIMATE AND SHOULD BE USED ONLY AS A GUIDELINE FOR ESTABUSHING EVACUATION ZONES. ACTUAL AREAS INUNDATED WILL DEPEND ON CONDITIONS DURING ACTUAL FAILURE AND MAY DIFFER FROM AREAS SHOWN ON THE MAP.
THE INUNDATION AREA SHOWN IS BASED ON THE RELEASE VOLUME OF 270 ACRE-FEET WHICH IS EQUIVALENT TO A RESERVOIR POOL ELEVATION AT THE DAM CREST.
XAGIS17000_PRJ17921_Preston_Dam_Inundation\Preston_Dam_Inundation_7921.aprx I13;iiVROMitNERAIL
Arrival t-iii-24i=02g, • 19 DePthi: 2.5
Velotity: .5 .F
71" 'Water
Velocity:
Water Surface ElevaMt2;71.3 ;
- 44(0* MAI DANI• 1 5 MILES DOWNSTREAM
Arrival Time: 0.50:HRS
Depth:
Velocity: '5A.WPS
Water Surface Elevation: - 44
• v."
• "
ID- SPYGLASS DR
ArriyarTim;a0,50;HRS
p rq`.9.FT
rg'EPS
atdr'Surface Ele r..2AFT
C '
./Art,i0147 •
Et-vA CII
-R.--111ilua (INfLP
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IMI:4e)gltwMtag aTbc)
PEBBLE BEAc. Ifftva (2ti
D2cag gcA
'ML'AV3 IN@ Mfg? tfiztitIou In'
e ' - C.CREEK. - e. AMADORPreston Dam Break Inundation Map SUTTER,. ••••••- -••-• DSOD DAM #2029.003
A...iarR....1S....A.th..fr NID # CA00012 Sunny Day Dam Failure Scenario DATE: 28 MAR 2019 Panel Locator
Panel 2 of 4
g•=111•1•11,0M,M,••••••••1.1.11
.11••=0*.M•14•1•11
Sources: Esri. HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan. Esn Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thad NGCC, C.
OpenStreetMap contributors, and the GIS Us o'riltritinity Legend
X Main Dam Half Mile Measures
Main Dam
Auxiliary Dike
Stream Centerlines
Highway
- Major Road
Minor Road
-I-1- Railroads
I-1 Main Dam Sunnyday Breach
MEMain Dam Inundated Structures
Preston Reservoir
REN 9/3020
,9,0f ESS I
ot.k c, ROI/
(45297
21. •2•1.
Or CA
Signed: 28 MAR 2019
600 1,200
Feet Reference Scale: 1:7,200
DATA SOURCES:
PRELIMINARY INUNDATION AREAS WERE PREPARED BY CONDOR EARTH, APRIL 2019.
LJDAR SCENES WERE PROCESSED INTO A DEM, AS THE PRIMARY ELEVATION DATA PRODUCT PRODUCED AND DISTRIBUTED BY THE USGS. HORIZONTAL DATUM NAME: NORTH AMERICAN DATUM OF 1983.
ALTITUDE DATUM NAME: NORTH AMERICAN VERTICAL DATUM OF 1988.
MAP COMPILED IN GEOGRAPHIC COORDINATES, NAD 1983. PROJECTION: LAMBERT CONFORMAL CONIC — CALIFORNIA STATE PLANE ZONE 2 (FEET).
NOTE:
BECAUSE OF THE METHOD, PROCEDURES, AND ASSUMPTIONS USED TO DEVELOP THE INUNDATION AREA,
THE LIMITS OF FLOODING SHOWN AND FLOOD WAVE ARRIVAL TIMES ARE APPROXIMATE AND SHOULD BE USED ONLY AS A GUIDELINE FOR ESTABLISHING EVACUATION ZONES. ACTUAL AREAS INUNDATED NALL DEPEND ON CONDITIONS DURING ACTUAL FAILURE AND MAY DIFFER FROM AREAS SHOWN ON THE MAP.
THE INUNDATION AREA SHOWN IS BASED ON THE RELEASE VOLUME OF 270 ACRE-FEET WHICH IS EQUIVALENT TO A RESERVOIR POOL ELEVATION AT THE DAM CREST.
XAGIS17000_PRA7921_Preston_Dam_Inundation\Preston_Dam_Inundation_7921.aprx
2.5,1,1NES'•D,0WNSTREAr,;.10
va:Arrivl Te 1:.08 HRS
Depth: 2.0.FT
Velocity: 3.Q .FPS.
Water Surfae4 Elevation:
;4jor
Preston Dam Break Inundation Map SUTTER, CREEK. AMADOR COUNTY •• • •• • — DSOD DAM #2029.003 ARSA.p NID # CA00012 Sunny Day Dam Failure Scenario DATE: 28 MAR 2019 Panel 3 of 41 Panel Locator .• MOM OD .1• 1.11.. • .11.
*ati.
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P. NRCan, Esri Japan,7 China (Hong Kong), Esri,KcirekEsri (Thai NGCC, orOnStre4tMap contrilhitia.rs, and the GIS Us cimmunity • <3*lot Legend
X Main Dam Half Mile Measures
Main Dam
...mom Auxiliary Dike
ra.!#.•‘:Stream Centerlines
4:r•
Highway
==== Major Road
Minor Road
4--I- Railroads
Main Dam Sunnyday Breath
11111 Main Dam Inundated Structures
Preston Reservoir
DATA SOURCES:
PRELIMINARY INUNDATION AREAS WERE PREPARED BY COgDOR EARTH, APRIL 2019,' • UDAR SCENES WERE PROCESSED INTO A DEM. AS THE PRIMARY ELEVATION DATA!,PROQ' DISTRIBUTED BY THE USGS. HORIZONTAL DATUM NAME. NORTH AMERICAN DAM of .19 ALTITUDE DATUM NAME NORTH AMERICAN VERTICAL DATUM OF 1989.
MAP COMPILED IN GEOGRAPHIC COORDINATES. NAD 1983. PROJECTION: LAmBE4T,cotaF9RF;AAtc0i4ic - CALIFORNIA STATE PLANE ZONE 2 (FEET).
45297
EN 9/30/20'
414 .
Signed! 28 MAR 2019
600
• Reference Sc§:Je':.1,•,7,200 s'.'!:,73Ki..**--4A•
t••
• NOTE:
BECAUSE OF THE METHOD. PROCEDURES, AND ASSUMPTIONS USED TO DEVELOP THE' INONDATION'AREA,
THE LIMITS OF FLOODING SHOWN AND FLOOD WAVE ARRIVAL TIMES ARE APPROXIMATE AND SHOULD BE USED ONLY ASA GUIDELINE FOR ESTABUSHING EVACUATION ZONES. ACTUAL AREAS INUNDATED WILL DEPEND ON CONDITIONS DURING ACTUAL FAILURE AND MAY DIFFER FROM AREAS SHOWN ON THE MAP.
THE INUNDATION AREA SHOWN IS BASED ON THE RELEASE VOLUME OF 270 ACRE-FEET WHICH IS EQUIVALENT TO A RESERVOIR POOL ELEVATION AT THE DAM CREST.
XAGIS\7000_PRJ17921_Preston_Dam_Inundation1Preston_Dam_Inundation_7921.aprx •
ft
MAIN DAM: 3.514114tS
,al Time: 1.75 -RS
ID45,R4A,
,Arriv I'Mint
. tot1/438PIi.8F
agtap-H914vF4PEfreWa
*
:Aziwilimalum .-gremalog aftli%AT:4 a:a.7
levatio
Dgxft az IN.
- -rgistgo
Preston Dam Break Inundation Map SUTTER.,. _CREEK AMADOR COUNTY • • - ()SOD DAM # 2029.003
NID # CA00012
DATE: 28 MAR 2019 Sunny Day Dam Failure Scenario iLanel 4 of 4 Panel Locator
r OD M. MEI • IM MI T 40 •
r• • l• 0,11M IR • =MI 1•1
L • I. 411 IN IN Mk el 1•• 1M. .• • 1,j, 0,1
,•.•
Sources: Esri, HERE, Garmm, USGS, Intermap, INCREMENT P, NRCati,';' .1,..10;)°,354:1T-* 1. esri a,„(Hcing Kon,*.es11**, C4):€4? ili4tMaP 00Oadd't
. •
Legend
X. Main Dam Half Mile Measures
Main Dam
gaminin Auxiliary Dike
Cehtdrlines
••••••D Highway
Major Road
Minor Road
-1--I- Railroads
7---] Main Dam Sunnyday Breac:h
1.11 Main Dam Inundated Structure§
Preston Reservoir
DATA SOURCES:
PRELIMINARY INUNDATION AREAS WERE PREPARED BY CONDOR EARTS-LARR4 .Feet Adference Oale: /1,200
•
•
LIDAR SCENES WERE PROCESSED INTO A DEM, AS THE PRIMARY ELEVATION pirps otucED.M40.: . DISTRIBUTED BY THE USGS. HORIZONTAL DATUM NAME.NOVH AMERICAN DAVAO ALTITUDE DATUM NAME: NORTH AMERICAN VERTICAL DAT.1/M OF 1988. .
MAP COMPILED IN GEOGRAPHIC COORDINATES. NAP 1983. PROJECTION: LAMBERT:CONFORMAL CONIC — CALIFORNIA STATE PLANE ZONE 2 (FEET). , ,
NOTE:
BECAUSE OF THE METHOD, PROCEDURES, AND ASSUMPTIONS USED TO DEVELOP THE INUNDATION AREA,
THE LIMITS OF FLOODING SHOWN AND FLOOD WAVE ARRIVAL TIMES ARE APPROMMATE AND SHOULD BE USED ONLY ASA GUIDELINE FOR ESTABLISHING EVACUATION ZONES. ACTUALAREAS INUNDATED WILL DEPEND ON CONDITIONS DURING ACTUAL FAILURE AND MAY DIFFER FROM AREAS SHOWN ON THE MAP.
THE INUNDATION AREA SHOWN IS BASED ON THE RELEASE VOLUME OF 270 ACRE-FEET WHICH IS EQUIVALENT TO A RESERVOIR POOL ELEVATION AT THE DAM CREST.
•I?
XAGIS17000_PRA7921_Preston_Dam_Inundation1Preston_Dam_lnundation_7921.aprz
14:1110
Water Boards
GAVIN NEWSOM
30VF.NNOEt
YANA GARCIA tiEGRETASY FOR
F.NVIR0NMEN1A1 PROSEGIION
Central Valley Regional Water Quality Control Board
9 September 2022
Robin Peters
ARSA, Board Chairman
18 Main Street
Sutter Creek, CA 95685
RPeterscitvofsuttercreek.orq
Sent via email
Dan Epperson
City of lone, Mayor
1 East Main Street
lone, CA 95640
deopersonione-ca.com
Sent via email
-Dominic Atlan
Castle Oaks Golf Course, Manager
1000 Castle Oaks Drive
lone, CA 95640
datlanione-ca.com
Sent via email
PRESTON RESERVOIR CAPACITY AND TERTIARY PLANT NUISANCE
CONDITIONS, CITY OF IONE, AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT, AMADOR COUNTY
On 3 December 1993, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Water Reclamation Requirement (WRRs) 93-240, which regulate the conveyance, storage, tertiary treatment, and land application of secondary treated domestic wastewater from the City of Sutter Creek Wastewater Treatment Plant.
The Amador Regional Sanitation Authority (ARSA) operates the conveyance, storage, and disposal system between the Sutter Creek wastewater treatment plant and Preston Reservoir (Preston). The system moves effluent from the Sutter Creek wastewater treatment plant to several land application areas and storage reservoirs (which includes Henderson Reservoir), eventually discharging to Preston, which is in lone. ARSA and the City of lone are both named in the WRRs 93-240 and have entered into a formal agreementl to send effluent from Preston to the City of lone Tertiary Treatment Plant (Tertiary Plant) for further treatment and reuse on Castle Oaks Golf Course (golf course).
It is Central Valley Water Board staffs understanding that the City is concerned the water coming out of Preston may be high in hydrogen sulfide, which could cause odor issues at the Tertiary Plant and on the golf course. In addition, the intake of Preston I The Board understands that the status of this agreement is in dispute.
MARK BRADFORD, CHAIR J PATRICK PULUPA, Eso., EXECUTIVE OFFICER 11020 Sun Center Drive #200, Rancho Cordova, CA 95670 I www.waterboards.ca.gov/centralvalley ARSA, Castle Oaks Golf Course, City of lone
Amador County - 2 - 9 September 2022
water for delivery to the Tertiary Plant occurs at the bottom of the reservoir and has high turbidity which may be causing treatment difficulties. However, the Board has also been made aware that Preston and Henderson Reservoirs are at or near capacity, limiting the ability of the system to withstand higher flows that may occur during the upcoming rainy season. It is of utmost importance for these capacity issues to be resolved promptly to avert potential public health and water quality contamination issues that may occur if the system becomes unable to handle additional inflows.
One way to help alleviate the current situation is for the Board to allow the City to accept water from Preston, even though that may result in the creation of nuisance conditions, which would ordinarily be considered a violation of WRRs 93-240. With the understanding that the capacity issues at Preston are presenting an even greater risk to water quality and public health than potential nuisance concerns related to the treatment of wastewater from Preston at lone's tertiary facility, the Central Valley Water Board's Compliance and Enforcement Unit will exercise its prosecutorial discretion to not pursue enforcement of odor nuisance conditions that may occur as a result of the City's acceptance of treated wastewater from Preston at the Tertiary Plant or golf course between 9 September 2022 and 1 January 2023.
The Board expects that all dischargers named in WRRs 93-240 will continue to work cooperatively to address both the capacity concerns at Preston and to take all reasonable and appropriate steps to address any odor concerns that may arise. It is also the expectation of the Central Valley Water Board that the City of lone and ARSA provide the following information on a weekly basis while the Board is exercising its enforcement discretion:
1. Freeboard levels of Preston and Henderson Reservoirs;
2. Flow into Preston and Henderson Reservoirs;
3. Flow in gallons per day from Preston to the Tertiary Plant;
4. A description of any polymer added by added as pre-treatment to address the nuisance conditions.
5. All previous and future water quality and air samples, including a chain of custody and monitoring locations, for all samples collected to verify high hydrogen sulfide and turbidity. This shall be reported to Kari.Holmeswaterboards.ca.qov; and
6. A weekly summary of any nuisance complaints received by the City and the golf course, along with an explanation of how the complaint(s) were resolved.
This summary will include details of coordination efforts made between all dischargers to address areas of concern.
The Board is also committed to working with ARSA to resolve issues related to the operation of their facilities, which may include enhanced maintenance requirements such as the dredging of both Henderson and Preston on a regular basis to ensure that these concerns are adequately addressed in the future.
ARSA, Castle Oaks Golf Course, City of lone
Amador County - 3 - 9 September 2022
If you have questions, please contact me directly at John.Baum(amaterboards.ca.dov or (916) 464-4839.
JPI41 J. BAUM,
Assistant Executive Officer
cc: list on next page.
ARSA, Castle Oaks Golf Course, City of lone
Amador County - 4 - 9 September 2022
cc: Stacey Rhodes, City of lone, lone
Diane Wratten, City of lone, lone
Thomas Reed, City of lone, lone
Dan Epperson, City of lone, lone
Dominic AtIan, Castle Oaks Golf Course, lone
Robin Peters, ARSA, Sutter Creek
Amy Gedney, ARSA, Sutter Creek
Howard Hold, Central Valley Water Board, Rancho Cordova Kenny Croyle, Central Valley Water Board, Rancho Cordova Scott Armstrong, Central Valley Water Board, Rancho Cordova Lixin Fu, Central Valley Water Board, Rancho Cordova
Amador County Dept. of Environmental Health, Jackson
Grant Scavello, USEPA, San Francisco
Jim Scully, Interested Person, lone
Jim Nevin, Interested Person, lone
Andrew Packard, Packard Law Offices, Petaluma
Will Canon, Packard Law Offices, Petaluma
Erica Maharg, ATA Law Group, Oakland
Jack Mitchell, Ledger Dispatch, Jackson
Jennifer Buckman, Bartkiewicz, Kronick & Shanahan, APC, Sacramento Sally Baron, Interested Person, Rancho Cordova
Virginia Silva, Interested Person, lone
David Anderson, Interested Person, Mokelumne Hill
1 4
5 6
7 8
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 SHAWN D. HAGERTY, Bar No. 182435
[email protected]
MATTHEW L. GREEN, Bar No. 227904
[email protected]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, California 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
FRANK A. SPLENDORIO, Bar No. 272601
frank.splendorio®bbklaw.com
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, California 95814
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
AMADOF1
F!LED
SUPERIOR COURT
SEP 2 9 2022
CLERK Cs Q 0 T
Attorneys for Plaintiff EXEMPT FROM FILING FEES PURSUANT AMADOR REGIONAL SANITATION AUTHORITY TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers
agency,
Plaintiff,
V.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, a California state
agency; and DOES 1 through 20, inclusive,
Defendants.
Case No. 22CV12824
Judge: Hon. J.S. Hermanson
DECLARATION OF STEVEN COREY
STONE IN SUPPORT OF EX PARTE
APPLICATION FOR ORDER TO SHOW
CAUSE AND TEMPORARY
RESTRAINING ORDER
Date:
Time:
Dept.:
Complaint Filed:
-1 -
October 3, 2022
8:30 a.m.
September 20, 2022
82456.00002\40715784.1
DECLARATION OF STEVEN COREY STONE
1 3
4 6
7 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 I, Steven Corey Stone, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. Since 2011, 1have been the primary Operator of the Amador Regional Sanitation Authority ("ARSA"), a joint powers agency responsible for providing wastewater conveyance and disposal services to the Cities of Amador City and Sutter Creek and the County of Amador.
3. Wastewater from the City ofSutter Creek, Amador City, and the Martell community is treated by the Sutter Creek Wastewater Treatment Plant ("Sutter Creek WTP"), which is owned and operated by the City of Sutter Creek. Disinfected secondary effluent from the Sutter Creek WTP is conveyed through a series of pipelines and reservoirs, known as the "Henderson/Preston System," and ultimately to Preston Reservoir for discharge to the City of lone ("lone") for tertiary treatment at its Castle Oaks Water Reclamation Plant for irrigation use at the Castle Oaks Golf Course.
4. As ARSA's primary Operator, I am responsible for overseeing the operation and maintenance ofthe Henderson/Preston System, which includes, but is not limited to, oversight over three reservoirs (Henderson Reservoir, Preston Forebay, and Preston Reservoir) and the water balances therein in order to ensure compliance with all requirements imposed by the Central Valley Regional Water Quality Control Board, the California state agency who regulates wastewater discharges in the area.
5. In 2022, lone has accepted discharges from ARSA from Preston Reservoir as follows:
Month Acre-Feet Accepted Gallons Accepted
January 0 0
February 0 0
March 4.9 1.6 million
April 0 0
May 5.2 1.7 million
June 15.3 5 million
82456.00002\40715784.1 - 2 -
DECLARATION OF STEVEN COREY STONE
&BEST KRIEGER LLP
1 3
4 5
6 7
8 9
10 11
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Month Acre-Feet Accepted Gallons Accepted
July 0 0
August 1,5 500,000
September 2.8 900,000
Totals: 28.7 9.37 million
6. Preston Reservoir is currently holding approximately 115 acre feet (or 37,472,914 gallons) of wastewater.
I declare under penalty of perjury under the laws ofthe State ofCalifornia that the foregoing is truc and correct.
Executed this 28ffi day of September 2022, at Sutter Creek, California. jüi e-frt b)
STEVEN COREY STONE
82456.00002\40715784.1 - 3 -
DECLARATION OF STEVEN COREY STONE
BEST 84LPKRIEGER
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
SHAWN D. HAGERTY, Bar No. 182435
[email protected]
MATTHEW L. GREEN, Bar No. 227904
[email protected]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, California 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
FRANK A. SPLENDORIO, Bar No. 272601
[email protected]
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, California 95814
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
AMADOR
FLED
SUPERIOR COURT
SEP 2 9 2022
Attorneys for Plaintiff EXEMPT FROM FILING FEES PURSUANT AMADOR REGIONAL SANITATION AUTHORITY TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers
agency.
Plaintiff,
V.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, a California state
agency; and DOES 1through 20, inclusive,
Defendants.
82456.00002\40714833.1
Case No. 22CV12824
Judge: Hon. J.S. Hermanson
DECLARATION OF MATTHEW L. GREEN
IN SUPPORT OF EX PARTE
APPLICATION FOR ORDER TO SHOW
CAUSE AND TEMPORARY
RESTRAINING ORDER
Date:
Time:
Dept.:
Complaint Filed:
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October 3, 2022
8:30 a.m.
September 20, 2022
DECLARATION OF MATTHEW L. GREEN
6ev
&BEST KRIEGER LLP
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28 I, Matthew L. Green, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. 1am an attorney at law duly licensed to practice before all ofthe courts ofthe State of California. I am Of Counsel at Best Best & Krieger LLP, attorneys of record for Plaintiff Amador Regional Sanitation Authority ("ARSA"). As one ofthe attorneys for ARSA, I am familiar with the proceedings in the above-entitled action.
3. On September 28, 2022, at 11:36 a.m., I notified Michael Rock, Defendant City of lone's ("lone") Interim City Manager, by electronic mail at mrock ione-ca.com, and lone's City Attorney according to the California Secretary of State's latest edition of the California Roster.
David Prentice, by electronic mail at [email protected], that ARSA would be presenting to this Court at 8:30 a.m. on October 3, 2022, in Department 1 an application for an order to show cause and temporary restraining order that would (1) compel lone to accept from ARSA 500,000 gallons ofsecondarily treated wastewater per day from Preston Reservoir for 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period, and (2) order lone to show cause why a preliminary injunction requiring such acts should not issue pending trial in this action. A copy of my electronic mail to Messrs. Rock and Prentice is attached as Exhibit "A" to this declaration. Although ARSA's ex parte application does not seek any relief against Defendant California Department of Corrections and Rehabilitation ("CDCR-), I also copied Patrick Covello, the Warden at CDCR's Mule Creek State Prison, on my ex parte notice electronic mail.
4. As of the time of the execution of this declaration, no response has been received, but opposition is expected.
declare under penalty of perjury under the laws ofthe State ofCalifornia that the foregoing is true and correct.
Executed this 28th day of September 2022, at San Diego, California. 82456.00002\40714833.1 - 2 -
MATTHEW L. GREEN
DECLARATION OF MATTHEW L. GREEN
EXHIBIT A
Lisa Atwood
From: Matthew Green
Sent: Wednesday, September 28, 2022 11:36 AM
To: '[email protected]'; '[email protected]'
Cc: '[email protected]'; 'Amy Gedney'; Frank Splendorio Subject: Amador Regional Sanitation Authority v. City of lone, Case No. 22CV12824 - Ex Parte Notice for 10/3 at 8:30 a.m.
Dear Messrs. Rock and Prentice,
Pursuant to the California Rules of Court, rule 3.1204, subdivision (a), Plaintiff Amador Regional Sanitation Authority ("ARSA") will be appearing ex parte in Department 1 of the Superior Court of California, County of Amador, located at 500 Argonaut Lane in Jackson, California, on Monday, October 3, 2022, at 8:30 a.m., or as soon thereafter as the matter may be heard, to apply for an order to show cause and temporary restraining order (1) compelling Defendant City of lone ("lone") to accept from ARSA 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period, and (2) ordering lone to show cause why a preliminary injunction requiring such acts should not issue pending trial in this action. Please advise whether lone intends to appear to oppose the application.
I INF&
I Di II s 1 Bi Ia hitt; (.112
1itoliNI NS 'ti I
Matthew Green
Of Counsel
[email protected]
T: (619) 525-1370 C: (619) 481-1881
www.BBIlaw.com I/Z1 V
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28 SHAWN D. HAGERTY. Bar No. 182435
[email protected]
MATTHEW L. GREEN, Bar No. 227904
[email protected]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego. California 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
FRANK A. SPLENDORIO. Bar No. 272601
[email protected]
BEST BEST & KRIEGER 1,I,P
500 Capitol Mall, Suite 1700
Sacramento, California 95814
Telephone: (916) 325-4000
Facsimile: (916) 325-4010
FILED
AMADOR SUPERIOR COURT
SEP 29 2022
Clerk of te Superior Court
Attorneys for Plaintiff EXEMPT FROM FILING FEES PURSUANT AMADOR REGIONAI, SANITATION AUTHORITY TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers
agency.
Plaintiff,
V.
CITY OF !ONE. a California municipal
corporation; CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, a California state
agency; and DOES 1 through 20, inclusive,
Defendants.
Case No. 22CV12824
Judge: Hon. J.S. Hermanson
[:-Eee2e....2.7.ine] TEMPORARY
RESTRAINING ORDER AND ORDER TO
SHOW CAUSE RE PRELIMINARY
INJUNCTION
Complaint Filed: September 20, 2022
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TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTIO )Œ? S., 'C
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ORDER TO SHOW CAUSE
To Defendant City of lone ("lone"):
Based upon Plaintiff Amador Regional Sanitation Authority ("ARSA-) ex parte application for an order to show cause and temporary restraining order, and on the documents filed therewith, you are ordered to appear on , \ , 2022, at 8:30 a.m. in Department 1 of this Court located at 500 Argonaut Lane. Jackson, California.95642 to show cause why a preliminary injunction should not be ordered compelling you and your employees and agents, or any other persons acting with you or in your behalf, to accept from ARSA 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period, pending trial in this action.
TEMPORARY RESTRAINING ORDER
Pending hearing on the Order to Show Cause, you and your employees and agents, or any other persons acting with you or in your behalf are required to immediately accept from ARSA 500,000 gallons ofsecondarily treated wastewater per day from Preston Reservoir for 30 days, for a total of 15 million gallons ofsecondarily treated wastewater over the 30-day period, pending trial in this action.
IT IS FURTHER ORDERED THAT:
This Order to Show Cause and Temporary Restraining Order and supporting papers shall be served on lone no later than , 2022, by electronic mail and overnight mail. Proof ofsuch service shall be filed at least court days prior to the hearing.
Any opposition papers to the Order to Show Cause shall be filed and served on ARSA by overnight mail no later than O C.A" 20/22. Any reply papers to the opposition shall be filed and served on lone by electronic mail and overnight mail no later than OCA- . 2022.
e ?— Dated:
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JUDGE OF THE SUPERIOR COURT
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
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655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
Pursuant to the Court’s September, 29, 2022, Order to Show Cause (“OSC”), Plaintiff Amador Regional Sanitation Authority (“ARSA”) respectfully submits the following reply memorandum in support of issuance of a preliminary injunction against Defendant City of Ione (“Ione”).
I.
REPLY
Due to Ione’s ongoing failure to comply with its contractual obligations under the parties’ Wastewater Agreement, Preston Reservoir is at serious risk of overflowing during the upcoming rainy season and exposing the public, including the residential community surrounding the Castle Oaks Golf Course (“Gold Course”) in Ione, to harmful wastewater containing pathogens (protozoa, bacteria, and viruses), inorganic compounds, and parasites. (Ghio Decl., ¶¶ 10-12.) In order to prevent the public health and water quality contamination crises that will occur in the event Preston Reservoir spills over, and based on modeling performed by ARSA’s engineer, ARSA applied ex parte for a temporary restraining order (“TRO”) compelling Ione to immediately accept 500,000 gallons of wastewater from Preston Reservoir for a 30-day period, as well as an order to show cause (“OSC”) why a preliminary injunction should not issue.
Recognizing the urgency that exists, the Court issued the requested TRO and OSC on September 29, 2022, set a shortened briefing schedule, and scheduled the OSC hearing for October 10, 2022. Rather than wait for the Court to receive full briefing and hear the OSC on an expedited schedule, or seek other relief sooner in this Court, Ione filed a petition for writ of mandate asking the Court of Appeal to vacate the TRO and to stay the TRO during the pendency of the writ petition.
While the Court of Appeal agreed to stay the TRO pending the OSC hearing in this Court, the Court of Appeal stated that “[the] stay does not deprive [this Court] of its authority to issue injunctive relief at [the OSC] hearing.” (Supp. Green Decl., Ex. C [10/4/22 Ct. App. Order].) Ione’s opposition to the OSC raises both substantive and procedural arguments against injunctive relief. Regarding the former, Ione claims that the irreparable harm to ARSA and the public is not imminent because Preston Reservoir spilling over is not a certainty. (Opp’n, at pp. 10:13-11:25.) Ione also contends the harm that it would suffer if an injunction is issued, i.e., the 82456.00002\40753143.1 - 3 -
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violation of its operating permit and associated public health concerns, outweighs the harm to ARSA in the absence of an injunction. (Id., at pp. 12:1-16:2.) Ione also argues ARSA is unlikely to prevail on the merits because ARSA has not asserted a breach of contract cause of action, and ARSA’s injunctive and declaratory relief claims nevertheless fail because Ione purportedly terminated the Wastewater Agreement. (Id., at pp. 9:8-10:12.) As to its procedural argument, Ione claims it was not personally served with ARSA’s ex parte papers. (Id., at pp. 6:13-8:8.) Ione’s arguments are unavailing. As Ione notes in its own opposition, injunctive relief merely requires the threat of irreparable injury, (Opp’n, at p. 10:14); proof of inevitable or certain injury is not required. If an injunction is not issued, there is a serious and real threat of Preston Reservoir overflowing and causing public health and water quality contamination crises. (Ghio Decl., ¶¶ 10-11, Ex. C; Supp. Ghio Decl., ¶ 5, Ex. E.) When balanced against the permit violations claimed by Ione, such harm is far outweighed by the risk of wastewater spilling out of Preston Reservoir and flooding a residential neighborhood.
Although ignored by Ione, the Central Valley Regional Water Quality Control Board (“Regional Board”), the agency responsible for regulating wastewater discharges in the area, has said as much. (Ghio Decl., Ex. D.) Indeed, as recent as October 3, 2022, the Regional Board again confirmed that Ione’s permit violation concerns are not a reason for Ione to refuse to accept wastewater from Preston Reservoir. (Supp. Ghio Decl., ¶ 7.) The simple reality is that Ione does not like the deal it negotiated in the Wastewater Agreement because it does not want to pay the costs to treat the wastewater that it is contractually obligated to accept from ARSA. (See Gedney Decl., Ex. D [Compl.], Ex. E thereto.) Incredibly, Ione instead wishes to put its residents at risk of being exposed to harmful wastewater if Preston Reservoir overflows, and the resulting public health and water quality contamination crises that will occur. Such harm to Ione’s residents clearly outweighs Ione’s financial concerns.
Ione’s arguments regarding the merits of ARSA’s claims fare no better. As is evident from ARSA’s complaint, injunctive relief is the remedy sought against Ione, but the underlying cause of action supporting such relief is breach of contract. (Gedney Decl., Ex. D [Compl.], ¶¶ 39-41.) Contrary to Ione’s assertion, the Wastewater Agreement remains in effect and is thus the proper 82456.00002\40753143.1 - 4 -
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basis of ARSA’s injunctive and declaratory relief claims. Ione cannot terminate the Wastewater Agreement unless it has resolved how to provide adequate water for the Golf Course, which expressly includes procuring the necessary water quality permits or permit modifications from the Regional Board. (Ghio Decl., Ex. A, Ex. B thereto [Wastewater Agreement], at p. 4, ¶ 8.a.) It is uncontroverted that Ione has received no water quality permits or permit modifications from the Regional Board that allow Ione to provide reclaimed water to the Golf Course in any manner other than from Preston Reservoir. (Ghio Decl., ¶ 8.) Any purported notice of termination of the Wastewater Agreement given by Ione therefore lacks any force and effect. (See Gedney Decl., Ex. D [Compl.], ¶ 26.) Ione’s failure to accept wastewater from ARSA from Preston Reservoir amply demonstrates more than “some possibility” that ARSA will ultimately prevail on the merits of its injunctive and declaratory relief claims. (Jamison v. Dept. of Transp. (2016) 4 Cal.App.5th 356, 362.)
Finally, Ione’s contention that it was not personally served with ARSA’s ex parte papers is wholly without merit. The proof of service on file with the Court clearly shows Ione was personally served with the ex parte papers on September 29, 2022. (Supp. Green Decl., Ex. B.) For the reasons set forth herein, and in the ex parte application, the Court should issue a preliminary injunction requiring Ione to accept from ARSA 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for the next 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period.
II.
ARGUMENT
A. THE BALANCING OF HARDSHIPS MILITATES IN FAVOR OF ISSUING
A PRELIMINARY INJUNCTION
1. ARSA Has Amply Demonstrated Irreparable Injury In The Absence Of A Preliminary Injunction.
Beginning with the balancing of hardships prong, Ione argues ARSA has failed to demonstrate irreparable injury that is imminent. (Opp’n, at pp. 10:13-11:25.) According to Ione, “[ARSA] relies on speculative concerns and untenable conclusions regarding high flows that may occur this rainy season, and the potential harm that could occur in such a case.” (Id., at pp. 10:26- 82456.00002\40753143.1 - 5 -
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11:1.) Ione overstates the showing required to support a preliminary injunction.
While Ione correctly notes that a mere possibility of harm is insufficient to justify a preliminary injunction, the irreparable injury need not be imminent to warrant injunctive relief.
Rather, a preliminary injunction is warranted where there is a threat of irreparable injury. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1292; Costa Mesa City Employee’' Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305-306; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 431; City of Torrance v. Transitional Living Centers for Los Angeles, Inc. (1982) 30 Cal.3d 516, 526; 7978 Corporation v. Pitchess (1974) 41 Cal.App.3d 42, 46; see also Lezama v. Justice Court (1987) 190 Cal.App.3d 15, 21 [describing prerequisite of injunctive relief as “a serious risk of irreparable harm”].) As Ione itself notes, it is “the threat of ‘irreparable injury’” that must be imminent. (Opp’n, at p. 10:14 [emphasis added].) There clearly exists a serious risk and real threat of irreparable injury if Ione is not ordered to immediately accept wastewater from ARSA from Preston Reservoir. As detailed in ARSA’s engineer, Gary Ghio, P.E.’s, declarations, in the event of a 100-year storm during the upcoming rainy season, Preston Reservoir will reach its permitted capacity in early March 2023, and will spill over in April 2023. (Ghio Decl., ¶ 11; Supp. Ghio Decl., ¶ 5, Ex. E.) The threat of a 100-year storm is also not some abstract proposition; the Regional Board requires ARSA’s system to account and plan for flows under a 1 in 100 year scenario each year. (Ghio Decl., ¶ 11.) If Preston Reservoir spills over, the wastewater will flood the property below the dam and then run through Mule Creek and into the residential subdivision surrounding the Golf Course. (Ghio Decl., ¶ 10, Ex. C.) The flooding and discharge of disinfected secondary effluent into Mule Creek and onto residential property poses significant public health and water quality contamination issues, as disinfected secondary effluent contains harmful pathogens (protozoa, bacteria, and viruses), inorganic compounds, and parasites. (Ghio Decl., ¶ 10.) Ione’s attempt to minimize the immediate need for injunctive relief by noting that Preston Reservoir is not at risk of spilling over until “some six months from now” is specious. (See Opp’n, at p. 12:3-6.) Although ignored by Ione, there is a very small window of time that exists before the rainy season begins. Pursuant to the Wastewater Agreement, Ione provides tertiary treatment to the 82456.00002\40753143.1 - 6 -
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wastewater received from Preston Reservoir for irrigation use at the Golf Course. (Gedney Decl., ¶ 3; Ghio Decl., ¶ 3; Stone Decl., ¶ 3.) Once the rainy season begins, however, limited water is needed for irrigation, and Ione no longer has anywhere to send the treated wastewater. (Ghio Decl., ¶ 7.) Given the rainy season is expected to arrive by November, and a discharge of at least 500,000 gallons per day for 30 days is needed to reduce the risk of Preston Reservoir spilling over during the upcoming rainy season, (Ghio Decl., ¶¶ 7, 11-12), the need for Ione to accept wastewater from Preston Reservoir is immediate.
Ione’s attack on Mr. Ghio’s purported lack of qualifications is also without merit. (See Opp’n, at p. 11:8-17.) Mr. Ghio has a B.S. in Civil Engineering from the University of Pacific and a M.S. in Structural Engineering from Stanford University, and has been a licensed engineer in the State of California for 41 years with extensive experience in managing wastewater disposal systems. (Supp. Ghio, ¶¶ 3-4.) Indeed, during his distinguished career, he has been the City Engineer for no less than five cities, and the District Engineer for no less than nine water, public utility, and sanitation districts, in the region. (Supp. Ghio, ¶ 4.) Mr. Ghio accordingly has the expertise to opine on the water balance of Preston Reservoir and the serious consequences that will result if Preston Reservoir overflows. (See Ghio Decl., ¶¶ 10-11.) Mr. Ghio’s conclusions are also supported by the Preston Dam Break Inundation Map, which depicts the areas that will be flooded with wastewater in the event Preston Reservoir spills over. (Ghio Decl., ¶ 10, Ex. C.) Regarding the public health and water contamination issues that secondarily treated wastewater poses, ARSA’s water quality consultant, Donald Brown, also concurs with Mr. Ghio’s opinions on the matter. (Supp. Brown Decl., ¶ 12.) Even absent Messrs.
Ghio’s and Brown’s declarations, Brett Moroz’s declaration underscores the hazardous nature of the wastewater from Preston Reservoir.1 (Moroz Decl., ¶¶ 3-5.) The public health and water contamination hazards associated with wastewater containing pathogens (protozoa, bacteria, and viruses), inorganic compounds, and parasites should also be self-evident. / / /
1 While Michael Rock’s declaration duplicates the bulk of Mr. Moroz’s declaration, Mr. Rock is a City Manager with no apparent qualifications or expertise on such topics. 82456.00002\40753143.1 - 7 -
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2. The Harm To ARSA In The Absence Of An Injunction Greatly Outweighs The Harm To Ione If An Injunction Is Issued.
The gist of the interim harm claimed by Ione is that the treatment of wastewater from Preston Reservoir will violate its operating permit from the Regional Board because the turbidity and coliform bacteria in the water exceed the permit limits. (Moroz Decl., ¶¶ 3-4.) Ione also claims that Preston Reservoir’s wastewater poses public health issues because it contains odor-causing hydrogen sulfide, and that the water is difficult to treat because of sedimentation caused by the water being delivered from the bottom of Preston Reservoir. (Moroz Decl., ¶¶ 5-7.) Curiously, Ione fails to address the fact that Ione raised these exact same issues to the Regional Board to justify Ione’s refusal to accept water from Preston Reservoir before ARSA was forced to file the instant action. (Ghio Decl., Ex. D.) Although ignored by Ione, the Regional Board’s September 9, 2022, letter confirmed that “the capacity issues at Preston [Reservoir] are presenting an even greater risk to water quality and public health than potential nuisance concerns related to the treatment of wastewater from Preston [Reservoir] at Ione’s [water reclamation plant].” (Ghio Decl., Ex. D.) At a recent meeting on October 3, 2022, between Ione, ARSA, and the Regional Board, among other parties, the Regional Board’s Executive Officer also stated in no uncertain terms that Ione’s concern regarding Regional Board permit violations is not a reason for Ione to refuse to accept wastewater from ARSA from Preston Reservoir. (Supp. Ghio Decl., ¶ 7.) Not only does the risk of flooding of hazardous wastewater exceed Ione’s concerns, but Ione’s issues are of their own doing. As detailed in Mr. Brown’s supplemental declaration, Ione’s issues are the responsibility of Ione to address through the tertiary treatment process, they are issues that Ione can in fact address, and its issues are inconsequential, particularly compared with the public health and water contamination issues that would result from Preston Reservoir spilling over. (Supp. Brown Decl., ¶¶ 5-11.)
The simple reality is that Ione does not want to pay the costs to accept and treat wastewater from Preston Reservoir despite its unconditional contractual obligation to do so. (See Gedney Decl., Ex. D [Compl.], Ex. E thereto [noting the cost to Ione to perform under the Wastewater Agreement].) Astoundingly, Ione instead wishes to put its residents at risk of exposure to harmful 82456.00002\40753143.1 - 8 -
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wastewater in the event Preston Reservoir spills over, and the public health and water quality contamination crises that will ensue. Such irreparable injury to the people of Ione far outweighs Ione’s financial concerns.
3. The Installation Of A Surface Pump Is Not A Feasible Solution To Prevent Preston Reservoir From Overflowing.
Ione also attempts to defeat the issuance of the preliminary injunction sought by ARSA by suggesting that Ione could treat the water from Preston Reservoir if the outflow came from the surface of the Reservoir through the installation of a surface pump, rather than from the bottom of the Reservoir under the current distribution system. (Opp’n, at p. 5:6-13; Moroz Decl., ¶¶ 6-7.) In addition to being speculative, the installation of a surface pump at this juncture, with the rainy season likely to begin within the next three (3) weeks, is not a feasible solution because there is not enough time to remove the amount of water necessary to avert the risk of the Reservoir overflowing. (Supp. Brown Decl., ¶ 4.)
The procurement and installation of the necessary infrastructure to pump water from the surface of Preston Reservoir would take at least two (2) weeks. (Supp. Brown Decl., ¶ 4.) The amount of water that can be pumped from the surface and delivered to Ione through such a system would also be half the amount that can be delivered to Ione through the current discharge line located at the bottom of Preston Reservoir. (Supp. Brown Decl., ¶ 4.) In other words, it would take roughly two and one half months from now, i.e., until late December, to discharge the same amount of water that can be delivered to Ione over the next 30 days through the current discharge line if 500,000 gallons are delivered per day. (Supp. Brown Decl., ¶ 4.) B. ARSA HAS ESTABLISHED MORE THAN “SOME POSSIBILITY” THAT
IT WILL PREVAIL ON THE MERITS OF ITS CLAIMS
It is uncontroverted that ARSA need only show “some possibility” that it will ultimately prevail on the merits of its claims. (Jamison, supra, 4 Cal.App.5th at p. 362.) As detailed in the ex parte application, ARSA’s complaint seeks injunctive relief arising from Ione’s breach of the Wastewater Agreement, as well as declaratory relief regarding ARSA’s and Ione’s respective rights and obligations thereunder. (Gedney Decl., Ex. D [Compl.], ¶¶ 39-41, 47-50.) Ione contends ARSA 82456.00002\40753143.1 - 9 -
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is unlikely to prevail on the injunctive relief claim because no breach of contract claim is pled, and unlikely to prevail on the injunctive relief and declaratory relief claims because Ione purports to have terminated the Wastewater Agreement. (Opp’n., at pp. 9:8-10:12.) Ione’s contentions miss the mark.
1. ARSA’s First Cause Of Action Seeks Injunctive Relief Based On Ione’s Breach Of The Wastewater Agreement.
Regarding ARSA’s first cause of action, injunctive relief is the remedy sought, not the cause of action; as should be evident from ARSA’s complaint, the underlying cause of action is breach of contract. (Gedney Decl., Ex. D [Compl.], ¶¶ 39-41; Shell Oil Co. v. Richter (1942) 52 Cal.App.2d 164, 168 [“[i]njunctive relief is a remedy and not, in itself, a cause of action, and a cause of action must exist before injunctive relief may be granted”]; Civ. Code., § 3422 [permitting injunctive relief to prevent breach of a contract where damages would not afford adequate relief or it would be extremely difficult to ascertain the amount of damages that would be adequate].)
2. The Wastewater Agreement Has Not Been Terminated And Is Thus The Proper Basis Of ARSA’s Injunctive And Declaratory Relief Claims.
Setting aside its pleading concerns, Ione’s injunctive and declaratory relief claims are both predicated on the existence of a contract, i.e., the Wastewater Agreement. (Gedney Decl., Ex. D [Compl.], ¶¶ 39, 48-49.) While Ione purports to have terminated the Wastewater Agreement pursuant to a July 19, 2017, letter, any such termination is void and of no force and effect under the Agreement’s plain language. (Gedney Decl., Ex. D [Compl.], ¶¶ 15, 21-26, Ex. B thereto.) The Wastewater Agreement contains a termination provision that allows Ione to terminate flows to the lower Henderson/Preston System upon five-years’ written notice, but such right cannot be exercised unless Ione has resolved how to provide adequate reclaimed water for the Golf Course, which expressly includes obtaining any necessary water quality permits or permit modifications required by state law. (Ghio Decl., Ex. A, Ex. B thereto [Wastewater Agreement], at p. 4, ¶ 8.a.) Ione provides water to the Golf Course from the Castle Oaks Water Reclamation Plant, which Ione operates pursuant to the Regional Board’s Water Reclamation Requirements (“WRRs”) Order No. 93-240. (Ghio Decl., ¶ 8, Ex. B.) WRRs Order No. 93-240 only permits wastewater treatment and 82456.00002\40753143.1 - 10 -
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reuse based on the flows to Preston Reservoir from ARSA through the Henderson/Preston System. (Ghio Decl., ¶ 8.) WRRs Order No. 93-240 also names only ARSA, Ione, and the Golf Course as the dischargers. (Ghio Decl., ¶ 8.)
Ione has received no other water quality permits or permit modifications from the Regional Board that allow Ione to provide reclaimed water to the Golf Course in any manner other than through the Henderson/Preston System from Preston Reservoir. (Ghio Decl., ¶ 8.) Due to Ione’s failure to provide adequate reclaimed water for the Golf Course, namely its failure to procure the water quality permits or permit modifications required by state law necessary to allow for the provision of adequate reclaimed water to the Golf Course without use of the Henderson/Preston System, Ione’s July 19, 2017, letter, is void and of no force and effect. (See Gedney Decl., Ex. D [Compl.], ¶ 26.) The Wastewater Agreement thus remains a valid contract enforceable via ARSA’s injunctive and declaratory relief claims.2
C. IONE WAS PERSONALLY SERVED WITH ARSA’S EX PARTE
APPLICATION
Finally, Ione erroneously suggests the Court lacks jurisdiction over Ione because ARSA failed to personally serve the ex parte papers on Ione. (Opp’n, at pp. 6:13-8:8.) ARSA’s proof of service on file with the Court clearly demonstrates otherwise. ARSA’s ex parte papers were personally served on Ione at 1:22 p.m. on September 29, 2022, via its City Clerk, Janice Traverso. (Supp. Green Decl., Ex. B.)
III.
CONCLUSION
For the reasons set forth above, and in ARSA’s ex parte papers, the Court should issue a preliminary injunction compelling Ione to accept from ARSA 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for the next 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period.
2 Ione’s purported termination of the Wastewater Agreement has become nothing more than a negotiation tactic used by Ione to try to leverage a new agreement because Ione does not like the deal it negotiated in 2007. (Gedney Decl., Ex. D [Compl.], Ex. E thereto [complaining about the costs to perform under the Wastewater Agreement, but offering to extend the Agreement if there is “a new agreement with a new fee structure”].)
2'
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REPLY MEMORANDUM IN SUPPORT OF ISSUANCE OF PRELIMINARY INJUNCTION 1 2
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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
Dated: October 7, 2022 BEST BEST & KRIEGER LLP
By:
SHAWN D. HAGERTY
MATTHEW L. GREEN
FRANK A. SPLENDORIO
Attorneys for Plaintiff
AMADOR REGIONAL SANITATION
AUTHORITY
82456.00002\40717416.1
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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
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PROOF OF SERVICE
I, Lisa Atwood, declare:
I am a citizen of the United States and employed in San Diego County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 655 West Broadway, 15th Floor, San Diego, California 92101. On October 7, 2022, I served a copy of the within document(s):
REPLY MEMORANDUM IN SUPPORT OF ISSUANCE OF PRELIMINARY
INJUNCTION;
SUPPLEMENTAL DECLARATION OF MATTHEW L. GREEN IN SUPPORT OF ISSUANCE OF PRELIMINARY INJUNCTION;
SUPPLEMENTAL DECLARATION OF DONALD BROWN IN SUPPORT OF
ISSUANCE OF PRELIMINARY INJUNCTION;
SUPPLEMENTAL DECLARATION OF GARY GHIO, P.E. IN SUPPORT OF
ISSUANCE OF PRELIMINARY INJUNCTION
By personal service. At ______ a.m./p.m., I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an Individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening.
By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them to a professional messenger service for service. A Declaration of Messenger is attached.
By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
,
'`t,.._ , :iooe
82456.00002\40717416.1
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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
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By e-mail or electronic transmission. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
Margaret Long, Esq.
David Prentice, Esq.
Prentice Long, PC
2240 Court Street
Redding, CA 96001
ATTORNEYS FOR DEFENDANT CITY
OF IONE
Tel.: (530) 691-0800
Email: [email protected]
[email protected]
[email protected]
[email protected]
California Department of Corrections and
Rehabilitation
1515 S Street, Suite 314 South
Sacramento, CA 95811
Attn: Patrick Covello
Email: [email protected]
I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on October 7, 2022, at San Diego, California.
Lisa Atwood
82456.00002\40737803.1 - 2 -
SUPPLEMENTAL DECLARATION OF DONALD BROWN
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BEST BEST &
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ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
I, Donald Brown, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. I am submitting this declaration to supplement my prior declaration of September 28, 2022, in order to respond to recent assertions made by the City of Ione (“Ione”).
3. In his declaration, Brett Moroz alleges that Ione cannot treat wastewater received from Amador Regional Sanitation Authority (“ARSA”) from Preston Reservoir because the discharge line is located at the bottom of the Reservoir, which has led to sedimentation in the discharge line. Mr. Moroz nevertheless suggests that Ione could treat the water from Preston Reservoir if the outflow came from the surface of the Reservoir through the installation of a surface pump. (Moroz Decl., ¶¶ 6-7.)
4. The installation of a surface pump at this juncture, with the rainy season likely to begin within the next three (3) weeks, is not a feasible solution because there is not enough time to remove the amount of water necessary to avert the risk of the Reservoir spilling over before the end of the rainy season. The procurement and installation of the necessary infrastructure to pump water from the surface of Preston Reservoir would take at least two (2) weeks. The amount of water that can be pumped from the surface and delivered to Ione through such a system would also be half the amount that can be delivered to Ione through the current discharge line located at the bottom of Preston Reservoir. In other words, it would take roughly two and one half months from now, i.e., until late December, to discharge the same amount of water that can be delivered to Ione over the next 30 days through the current discharge line if 500,000 gallons are delivered per day.
5. While Mr. Moroz’s declaration complains about sedimentation due to the wastewater being discharged from the bottom of Preston Reservoir, Ione’s intermittent acceptance of water from Preston Reservoir is a primary cause of any increased sedimentation. By accepting wastewater in fits and starts, and stopping discharges for long periods of time, Ione has contributed to any alleged sedimentation building up in the system. Once the water from Preston Reservoir is allowed to flow continuously, such flows should break up any existing sedimentation, and sedimentation should no longer be an issue.
82456.00002\40737803.1 - 3 -
SUPPLEMENTAL DECLARATION OF DONALD BROWN
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ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
6. While I have not inspected Ione’s tertiary treatment plant and am not privy to its maintenance records, I also suspect that Ione’s concerns regarding sedimentation stem from the condition of its own tertiary filters, not the condition of the water from Preston Reservoir. Over time, the filter media in the system diminishes due to the abrasion that occurs during the backwash cycle. As the media gets smaller, it compacts tighter, and the smaller particles that are not flushed out of the filter settle onto the media surface. This further restricts the flow through the filter and increases the backwash frequency, which further reduces the treatment volume. The overuse of polymers is also known to cause clumping of the media which also reduces the flow. Regardless, these are issues that can only be resolved by Ione and have nothing to do with the quality of the water delivered from Preston Reservoir.
7. Mr. Moroz’s declaration, along with the declaration of Michael Rock, also complains about the amounts of coliform bacteria and hydrogen sulfide in the wastewater received from ARSA, which they claim exceed the requirements in Ione’s permit from the Central Valley Regional Water Quality Control Board. (Moroz Decl., ¶¶ 4-5; Rock Decl., ¶¶ 4-5.) Although it is not clear where and how Ione tested the water received from ARSA, the highest level of coliform bacteria detected was 33 MPN on one day, with the levels well below the permit limit on the other days of testing. (Moroz Decl., ¶ 4; Rock Decl., ¶ 4.) Regardless of the permit limit on coliform bacteria, 33 MPN is insignificant because a standard tertiary treatment plants can receive undisinfected secondary effluent of >2400 MPN.
8. That the water only tested above the permit limit one time also suggests that the result was either an anomaly or was due to Ione’s failure to use a sufficient dose of disinfectant to treat the coliform bacteria.
9. As to Messrs. Moroz’s and Rock’s concerns regarding hydrogen sulfide, hydrogen sulfide occurs as a result of anaerobic decomposition of sulfur in organic wastewater and can create odor issues. Ione, however, can treat hydrogen sulfide by adding an oxidant, such as chlorine or hydrogen peroxide, into the line ahead of the filter feed.
10. The likely cause of hydrogen sulfide once again stems from Ione’s decision to stop deliveries of wastewater from Preston Reservoir. By doing so, stagnant water remained in the /r~~.~~r
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SUPPLEMENTAL DECLARATION OF DONALD BROWN
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ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
closed pipeline between the reservoir discharge valve and the tertiary treatment plant, which likely allowed the remaining oxygen to be consumed, anaerobic bacteria to be formed, and hydrogen sulfide to generate.
11. The bacteria, hydrogen sulfide, and turbidity issues identified in Messrs. Moroz’s and Rock’s declarations all relate to tertiary effluent requirements. They are part of the costs of providing tertiary treatment and therefore must be resolved by Ione as the operator of the tertiary treatment plant.
12. Finally, I have reviewed the declaration of Gary Ghio, ARSA’s engineer, prepared in support of ARSA’s ex parte application. Based on my water quality expertise, I agree entirely with Mr. Ghio’s statement that the flooding and discharge of disinfected secondary effluent into Mule Creek and onto residential property poses significant public health and water quality contamination issues. As noted by Mr. Ghio, disinfected secondary effluent contains harmful pathogens (protozoa, bacteria, and viruses), inorganic compounds, and parasites.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 6th day of October 2022, at Montgomery, Texas. ___________________________________
DONALD BROWN
82456.00002\40756252.1 - 2 -
SUPPLEMENTAL DECLARATION OF MATTHEW L. GREEN
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BEST BEST &
KRIEGER LLP
ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
I, Matthew L. Green, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. I am submitting this declaration to supplement my prior declaration of September 28, 2022, in light of certain arguments made by the City of Ione (“Ione”).
3. Attached as Exhibit “B” hereto is a true and correct copy of the proof of service reflecting personal service of ARSA’s ex parte papers on Ione at 1:22 p.m. on September 29, 2022, via its City Clerk, Janice Traverso.
4. Attached as Exhibit “C” hereto is a true and correct copy of the stay order issued by the California Court of Appeal, Third Appellate District, on October 4, 2022.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 7th day of October 2022, at San Diego, California. ___________________________________
MATTHEW L. GREEN
EXHIBIT B
Attomcy or Party without Attorney:
Shawn D. Hagerty, Esq. (SBN 182435)
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Telephone No: 619-525-1300
Attorney For. Plaintiff
t
For Court Use Only
FILED MADOR SUPERIOR COURT
OCT 0 4 2022
OF THE AWPWRIOR couFIT
LIVIDYLL______.
Ref. No. or File No.:
82456.000002/MLG
Insert name of Court, and Judicial District and Branch Court CLERK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF AMADOR By Plaintiff AMADOR REGIONAL SANITATION AUTHORITY, a California joint powers agency
Defendant: CITY OF IONE, a California municipal corporation; et al.
PROOF OF SERVICE Hearing Date: Time: Dept/DIv Case Number 22-cv-12824
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of the EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER; SEE
ATTACHED LIST OF ADDITIONAL DOCUMENTS SERVED
3. a. Party served: City of lone, a California municial corporation b. Person served: Janicelaverso, City Clerk (Caucasian, Female, 60s, Blonde Hair, 5'4", 190 Pounds)
4. Address where the partyZeved: 1 E Main Street, lone, CA 95640
5. / served the party:
a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive process for the party (1) on:-Per, Sep 29 2022 (2) at: 01:22 PM ik
6. Person Who Served Papers: (16
a. Peter Campbell (#19-006, Amador County)
b. c/o FIRST LEGAL
530 B Street, Suite 1050
SAN DIEGO, CA 92101
c. (619) 231-9111
Recoverable cost Per CCP 1033.5(aX4XB)
d. The Fee for Service was: S299.77
e. I am: A Registered California Process Server
7. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Judicial Council Form
Rule 2.150.(a)&(b) Rev January 1, 2007
/0 5-2z
(Date)
PROOF OF
SERVICE
(Signature)
7738740
(1S058048)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF AMADOR
CASE NO.: 22CV12824
CASE NAME: AMADOR REGIONAL SANITATION AUTHORITY, a California joint powers agency v. CITY OF IONE, a California municipal corporation, et al.
ADDITIONAL DOCUMENTS SERVED:
• DECLARATION OF DONALD BROWN IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO
SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
• DECLARATION OF AMY GEDNEY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO SHOW
CAUSE AND TEMPORARY RESTRAINING ORDER
• DECLARATION OF GARY GHIO IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO SHOW
CAUSE AND TEMPORARY RESTRAINING ORDER
• DECLARATION OF MATTHEW L. GREEN IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO
SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
• DECLARATION OF STEVEN COREY STONE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER
TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
• MEMORANDUM IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND
TEMPORARY RESTRAINING ORDER
• [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE
PRELIMINARY INJUNCTION
EXHIBIT C
\
IN THE
Court of Appeal of the State of California
IN AND FOR THE
THIRD APPELLATE DISTRICT
CITY OF IONE,
Petitioner,
v.
THE SUPERIOR COURT
OF AMADOR COUNTY,
Respondent;
AMADOR REGIONAL
SANITATION AUTHORITY,
Real Party in Interest.
C097044
Amador County
No. 22CV12824
BY THE COURT:
The temporary restraining order issued September 29, 2022, requiring petitioner "to immediately accept from [Amador Regional Sanitation Authority] 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for 30 days" is stayed pending the hearing on the order to show cause, currently set for October 10, 2022, and further order of this court. This stay does not deprive the superior court of its authority to issue injunctive relief at that hearing. The court is considering dismissing the petition as moot depending on the outcome of that hearing. Petitioner is directed to provide this court with a status update following that hearing accompanied by a supplemental letter brief addressing whether the matter is moot on or before October 12, 2022.
ROBIE, Acting P.J.
---------------------------------
cc: See Mailing List
ROBIE Acti
Court of Appeal, Third Appellate District
Andrea K. Wallin-Rohmann, Clerk
Electronically FILED on 10/4/2022 by B. Haskett, Deputy Clerk V
IN THE
Court of Appeal of the State of California
IN AND FOR THE
THIRD APPELLATE DISTRICT
MAILING LIST
Re: City of Ione v. The Superior Court of Amador County C097044
Amador County Super. Ct. No. 22CV12824
Copies of this document have been sent by mail to the parties checked below unless they were noticed electronically. If a party does not appear on the TrueFiling Servicing Notification and is not checked below, service was not required.
Margaret Long
Prentice Long, PC
2240 Court Street
Redding, CA 96001
Shawn David Hagerty
Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Matthew Lawrence Green
Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Frank Allen Splendorio
Best Best & Krieger, LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Amador Superior Court
500 Argonaut Lane
Jackson, CA 95642
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SUPPLEMENTAL DECLARATION OF GARY GHIO, P.E.
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BEST BEST &
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ATTORNEYS AT LAW
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CALIFORNIA 92101
I, Gary Ghio, P.E., declare as follows:
1. I have personal knowledge of the following facts, and if called to testify, I would and could testify competently thereto.
2. I am submitting this declaration to supplement my prior declaration of September 28, 2022, in light of certain arguments made by the City of Ione (“Ione”).
3. I obtained a B.S. in Civil Engineering from the University of Pacific in 1979, and a M.S. in Structural Engineering from Stanford University in 1980.
4. As previously noted, I have been a licensed engineer in the State of California for 41 years with extensive experience in managing wastewater disposal systems. Following various civil engineering work in the 1980s, I was a civil engineer at Weber Associates from 1990 until 1993, at which time I became a principal of Weber, Ghio, & Associates, Inc. (“WGA”). During my time at WGA, I have served as the City Engineer for multiple cities, including the Cities of Angels, Amador City, Jackson, Plymouth, and Sutter Creek. I have also served as the District Engineer for numerous water, public utility, and sanitation districts during my time at WGA, including Union Public Utility District, Valley Springs Public Utility District, Murphys Sanitary District, Bear Valley Water District, Linden County Water District, Drytown Water District, Mokelumne Hill Sanitary District, and Calaveras Public Utility District. As stated in my prior declaration, I have been the Engineer for the Amador Regional Sanitation Authority (“ARSA”) since 2011.
5. As stated in my prior declaration, in the event of a substantial, upcoming rainy season in the region, namely one that includes a 100-year storm event like that experienced in 2017, Preston Reservoir will reach its permitted capacity in early March 2023, and will spill over in April 2023, before the end of the anticipated rainy season. This projection is reflected in the water balance spreadsheet attached as Exhibit “E” hereto.
6. The manner in which wastewater from Preston Reservoir is currently delivered to Ione, i.e., through a discharge line located at the bottom of the Reservoir, is the same delivery system that existed in 2007, when Ione entered into the Agreement to Regulate Use of Henderson/Preston Wastewater Disposal System with ARSA and the California Department of Corrections and Rehabilitation.
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7. On October 3, 2022, representatives from ARSA, which included myself, and representatives from Ione, which included Michael Rock, among other parties, met with Patrick Pulupa, Executive Officer of the Central Valley Regional Water Quality Control Board, to discuss the outstanding issues between the parties, including the urgent need to discharge wastewater from Preston Reservoir before the arrival of the rainy season. During that meeting, and consistent with the Regional Board's September 9, 2022, letter, Mr. Pulupa stated in no uncertain terms that Ione' s concern regarding Regional Board permit violations is not a reason for Ione to refuse to accept wastewater from ARSA from Preston Reservoir.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 6h day of October 2022, at Sutter re lif•rn~,a.
GARY GHIO, P.E.
82456.00002\40754843.1 - 3 -
SUPPLEMENTAL DECLARATION OF GARY GHIO, P.E.
EXHIBIT E
O
O
1 in 100 Year Water Balance - Sutter Creek Facilities (Bowers Ranch, Henderson, Preston and Hoskins Ranch) Assumptions:
Bowers Ranch has 24 Acres in use and 40 Acres in total available.
Hoskins Ranch has 24 Acres in use and 60 Acres in total available.
The Preston Forebay has 2 Acres of Surface Area.
Preston Reservoir ranges from 0 Acres when empty to 18 when full with 14 acres of watershed area and Capacity of 235 ac-ft.
The assumed Percolation rate is 100 Gallons per Day or 0.01 Acre-Feet per Month.
Month October November December January February March April May June July August September Total Rainfall Average Year In 1.20 2.57 3.45 3.97 3.58 3.35 1.86 0.85 0.26 0.04 0.06 0.29 21.48 Rainfall 100 Year In 3.32 5.40 8.79 7.65 4.00 3.40 6.47 2.05 0.04 0.00 0.00 0.00 41.11 Pan Evaporation In 3.14 1.12 0.91 0.92 1.00 1.63 3.18 4.67 6.23 7.53 6.76 5.30 42.40 Month October November December January February March April May June July August September Total Henderson Reservoir
Effluent AF 10 10 10 10 10 10 80 80 80 80 80 30 490
Hoskins Ranch
Hoskins Ranch Available Disposal AF 10 0 0 0 0 0 0 0 7 16 10 7 50 Preston Forebay
Preston Forebay Influent AF 0 10 10 10 10 10 80 80 73 64 70 23 440 Precipitation AF 1 1 1 1 1 1 1 0 0 0 0 0 7
Evaporation AF 0 0 0 0 0 0 0 0 1 1 1 0 4
Percolation AF 0 0 0 0 0 0 0 0 0 0 0 0 0
Preston Forebay Effluent AF 0 11 11 11 11 10 81 80 73 63 69 23 444 CDCR
CDCR Effluent to Preston Reservoir AF 0 0 0 0 0 0 0 0 0 0 0 0 0 Preston Reservoir
Preston Reservoir Maximum Available Storage AF 235 235 235 235 235 235 235 235 235 235 235 235 Water in Storage at Beginning of Month AF 114 121 145 179 210 231 249 345 426 495 552 616 Influent AF 0 11 11 11 11 10 81 80 73 63 69 23 444
Precipitation AF 9 14 23 20 11 9 17 5 0 0 0 0 110
Evaporation AF 2 1 1 1 1 1 2 4 5 6 5 4 32
Percolation AF 0 0 0 0 0 0 0 0 0 0 0 0 0
Water sent to Ione AF 0 0 0 0 0 0 0 0 0 0 0 0 0
Water Applied(+)/Removed(-) from Storage AF 7 24 34 31 20 18 96 82 68 57 64 19 Estimated End of Month Storage AF 121 145 179 210 231 249 345 426 495 552 616 635 Preston Reservoir Average Water Balance
ATTACHMENT 6
10 ATTACHMENT 7
Central Valley Regional Water Quality Control Board
9 September 2022
Robin Peters Dominic Atlan
ARSA, Board Chairman Castle Oaks Golf Course, Manager
18 Main Street 1000 Castle Oaks Drive
Sutter Creek, CA 95685 Ione, CA 95640
[email protected]
Sent via email
[email protected]
Sent via email
Dan Epperson
City of Ione, Mayor
1 East Main Street
Ione, CA 95640
[email protected]
Sent via email
PRESTON RESERVOIR CAPACITY AND TERTIARY PLANT NUISANCE
CONDITIONS, CITY OF IONE, AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT, AMADOR COUNTY
On 3 December 1993, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Water Reclamation Requirement (WRRs) 93-240, which regulate the conveyance, storage, tertiary treatment, and land application of secondary treated domestic wastewater from the City of Sutter Creek Wastewater Treatment Plant.
The Amador Regional Sanitation Authority (ARSA) operates the conveyance, storage, and disposal system between the Sutter Creek wastewater treatment plant and Preston Reservoir (Preston). The system moves effluent from the Sutter Creek wastewater treatment plant to several land application areas and storage reservoirs (which includes Henderson Reservoir), eventually discharging to Preston, which is in Ione. ARSA and the City of Ione are both named in the WRRs 93-240 and have entered into a formal agreement1
to send effluent from Preston to the City of Ione Tertiary Treatment Plant (Tertiary Plant) for further treatment and reuse on Castle Oaks Golf Course (golf course).
It is Central Valley Water Board staff’s understanding that the City is concerned the water coming out of Preston may be high in hydrogen sulfide, which could cause odor issues at the Tertiary Plant and on the golf course. In addition, the intake of Preston 1 The Board understands that the status of this agreement is in dispute.
ARSA, Castle Oaks Golf Course, City of Ione
Amador County - 2 - 9 September 2022
water for delivery to the Tertiary Plant occurs at the bottom of the reservoir and has high turbidity which may be causing treatment difficulties. However, the Board has also been made aware that Preston and Henderson Reservoirs are at or near capacity, limiting the ability of the system to withstand higher flows that may occur during the upcoming rainy season. It is of utmost importance for these capacity issues to be resolved promptly to avert potential public health and water quality contamination issues that may occur if the system becomes unable to handle additional inflows.
One way to help alleviate the current situation is for the Board to allow the City to accept water from Preston, even though that may result in the creation of nuisance conditions, which would ordinarily be considered a violation of WRRs 93-240. With the understanding that the capacity issues at Preston are presenting an even greater risk to water quality and public health than potential nuisance concerns related to the treatment of wastewater from Preston at Ione’s tertiary facility, the Central Valley Water Board’s Compliance and Enforcement Unit will exercise its prosecutorial discretion to not pursue enforcement of odor nuisance conditions that may occur as a result of the City’s acceptance of treated wastewater from Preston at the Tertiary Plant or golf course between 9 September 2022 and 1 January 2023.
The Board expects that all dischargers named in WRRs 93-240 will continue to work cooperatively to address both the capacity concerns at Preston and to take all reasonable and appropriate steps to address any odor concerns that may arise . It is also the expectation of the Central Valley Water Board that the City of Ione and ARSA provide the following information on a weekly basis while the Board is exercising its enforcement discretion:
1. Freeboard levels of Preston and Henderson Reservoirs;
2. Flow into Preston and Henderson Reservoirs;
3. Flow in gallons per day from Preston to the Tertiary Plant;
4. A description of any polymer added by added as pre-treatment to address the nuisance conditions.
5. All previous and future water quality and air samples, including a chain of custody and monitoring locations, for all samples collected to verify high hydrogen sulfide and turbidity. This shall be reported to [email protected]; and
6. A weekly summary of any nuisance complaints received by the City and the golf course, along with an explanation of how the complaint(s) were resolved.
This summary will include details of coordination efforts made between all dischargers to address areas of concern.
The Board is also committed to working with ARSA to resolve issues related to the operation of their facilities, which may include enhanced maintenance requirements such as the dredging of both Henderson and Preston on a regular basis to ensure that these concerns are adequately addressed in the future.
ARSA, Castle Oaks Golf Course, City of Ione
Amador County - 3 - 9 September 2022
If you have questions, please contact me directly at [email protected] or (916) 464-4839.
Assistant Executive Officer
cc: list on next page.
Digitally signed by
John J. Baum
Date: 2022.09.09
17:38:20 -07'00'
ARSA, Castle Oaks Golf Course, City of Ione
Amador County - 4 - 9 September 2022
cc: Stacey Rhodes, City of Ione, Ione
Diane Wratten, City of Ione, Ione
Thomas Reed, City of Ione, Ione
Dan Epperson, City of Ione, Ione
Dominic Atlan, Castle Oaks Golf Course, Ione
Robin Peters, ARSA, Sutter Creek
Amy Gedney, ARSA, Sutter Creek
Howard Hold, Central Valley Water Board, Rancho Cordova Kenny Croyle, Central Valley Water Board, Rancho Cordova Scott Armstrong, Central Valley Water Board, Rancho Cordova Lixin Fu, Central Valley Water Board, Rancho Cordova
Amador County Dept. of Environmental Health, Jackson
Grant Scavello, USEPA, San Francisco
Jim Scully, Interested Person, Ione
Jim Nevin, Interested Person, Ione
Andrew Packard, Packard Law Offices, Petaluma
Will Carlon, Packard Law Offices, Petaluma
Erica Maharg, ATA Law Group, Oakland
Jack Mitchell, Ledger Dispatch, Jackson
Jennifer Buckman, Bartkiewicz, Kronick & Shanahan, APC, Sacramento Sally Baron, Interested Person, Rancho Cordova
Virginia Silva, Interested Person, Ione
David Anderson, Interested Person, Mokelumne Hill
ATTACHMENT 8
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 1 SOMACH SIMMONS & DUNN A Professional Corporation
SOMACH SIMMONS & DUNN
A Professional Corporation
THERESA C. BARFIELD (SBN 185568)
MICHELLE E. CHESTER (SBN 300632)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: (916) 446-7979
Facsimile: (916) 446-8199
[email protected]
[email protected]
PRENTICE LONG, PC
DAVID A. PRENTICE (SBN 144690)
MARGARET LONG (SBN 227176)
CAROLYN WALKER (SBN 262247)
2240 Court Street
Redding, CA 96001
Telephone: (530) 691-0800
Facsimile: (530) 691-0700
[email protected]
[email protected]
[email protected]
Attorneys for Defendant
City of Ione
EXEMPT FROM FILING FEES
PER GOV. CODE § 6103
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers agency,
Plaintiff,
v.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, a
California state agency; and DOES 1 through 20,
inclusive,
Defendants,
Case No. 22-CV-12824
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
EX PARTE APPLICATION FOR AN
ORDER TO MODIFY THE OCTOBER 10,
2022 ORDER AND PRELIMINARY
INJUNCTION
Judge: Hon. J.S. Hermanson
Date:
Time:
Dept: 1
Complaint Filed: September 20, 2022
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 2 SOMACH SIMMONS & DUNN A Professional Corporation Defendant City of Ione (Ione) respectfully submits the following memorandum of points and authorities in support of Ex Parte Application for an order modifying the Court’s October 10, 2022 Order and Preliminary Injunction (PI Order), attached to the Ex Parte Application as Exhibit A.
I. INTRODUCTION
Ione comes before this Court ex parte seeking modification of the PI Order, which puts Ione in the immediate position of violating the Central Valley Regional Water Quality Control Board’s (Regional Board) Waste Discharge Requirement Order 93-240 (WDR Order 93-240).
Ione cannot comply with both the PI Order and the Regional Board’s WDR Order 93-240. To provide immediate and necessary relief from Ione’s impossibility of complying with two conflicting orders, Ione respectfully requests this Court to modify the PI Order to serve the ends of justice. (Code Civ. Proc., § 533.) Ione seeks that the PI Order be modified to reduce the requirement of 500,000 gallons per day for 30 days to a requirement of 200,000 gallons per day.
Alternatively, Ione requests that the Court permit installation of a surface pump at Preston Reservoir, a necessary modification to the system for Ione to have the capacity to take 500,000 gallons per day without permit violations.
II. BACKGROUND
A. Pertinent History
Ione owns and operates the Castle Oaks Water Reclamation Plant, a tertiary treatment facility. (Declaration of Michael Rock (Rock Decl.), ¶ 2; Declaration of Brett Moroz (Moroz Decl.), ¶ 1.)1 This facility operates under WDR Order 93-240, issued by the Regional Board. (Rock Decl., ¶ 2; Moroz Decl., ¶ 3.) WDR Order 93-240 includes and incorporates, in part, limits on coliform bacteria, hydrogen sulfide, and turbidity. (Rock Decl., ¶¶ 7-8; Moroz Decl., ¶ 4.) Under a 2007 contract, Amador Regional Sanitation Authority (ARSA) transported secondarily treated wastewater to Preston Reservoir for discharge to Ione for tertiary treatment at Castle Oaks Water Reclamation Plant. (Rock Decl., ¶ 4.) Ione terminated the agreement with the 1 Declaration of Michael Rock and Declaration of Bret Moroz in Support of Ex Parte Application to Modify the Temporary Restraining Order, filed concurrently with Ex Parte Application and Supporting Documents. 1 2
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 3 SOMACH SIMMONS & DUNN A Professional Corporation requisite five-year notice and the agreement expired on July 31, 2022. (Ibid.) Ione and ARSA disagree as to whether that contractual arrangement is still in effect. (Ibid.) It is Ione’s position that there is no agreement in place. (Ibid.) Ione has taken steps to negotiate a new agreement with ARSA, which has not yet been successful. (Ibid.)
Ione attempted to voluntarily take ARSA water while Ione and ARSA work toward executing a new agreement. (Rock Decl., ¶ 4.) However, the quality of water delivered from ARSA was so poor that the water was untreatable at Ione’s wastewater facility. (Rock Decl. ¶¶ 7-9, 13; Moroz Decl., ¶¶ 4-6.) Efforts on behalf of ARSA to address the water quality issues to a level that could be treated by Ione’s system were unsuccessful. (Rock Decl., ¶ 3.) On October 10, 2022, following a hearing on ARSA’s application for preliminary injunction, the Court issued the PI Order, which mandates that “Ione and its employees, agents, and any other persons acting with or on behalf of Ione, are required to accept from ARSA 500,000 gallons of secondarily treated wastewater per day from Preston Reservoir for the next 30 days, for a total of 15 million gallons of secondarily treated wastewater over the 30-day period, pending the trial of this action or further order of this Court.” (PI Order, p. 2; Rock Decl., ¶ 5.) B. The Current Problems Impeding Ione’s Ability to Comply with the Order Since the PI Order was issued, Ione’s City Manager Michael Rock and the system operator Brett Moroz have worked together to address the logistics of operating the system to comply with the Court’s PI Order. (Rock Decl., ¶ 2.) However, the water quality issues discussed at the October 10, 2022 hearing prevent Ione from taking the 500,000 gallons of water per day that the PI Order mandates. (Rock Decl., ¶¶ 3-9; Moroz Decl., ¶¶ 4-8.) The quality issues are a result of the fact that ARSA wastewater is delivered from the bottom of Preston Reservoir, which is covered in a thick sludge of material that has settled out of the water over time. (Rock Decl., ¶ 7; Moroz Decl., ¶ 9.) The wastewater has high turbidity and must be treated with a polymer. (Rock Decl., ¶ 7; Moroz Decl., ¶ 4.) The polymer is added to the wastewater to bind together dissolved organic matter. (Ibid.) The amount of polymer required to treat the high turbidity and the amount of organic material that must be filtered out of ARSA wastewater effectively limits the total amount of water that can be accepted and treated by Ione’s tertiary 1 2
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 4 SOMACH SIMMONS & DUNN A Professional Corporation treatment system. (Rock Decl., ¶ 7; Moroz Decl., ¶ 6.)
ARSA’s wastewater must also be treated with chlorine, which is a widely used disinfectant for municipal wastewater because it destroys harmful bacteria and other contaminants in municipal wastewater. (Rock Decl., ¶ 8; Moroz Decl., ¶ 4.) The cost of chlorine disinfection system is dependent on the characteristics of the wastewater to be disinfected. (Rock Decl., ¶ 8.) Coliform bacteria is present in ARSA’s water at a high level that requires treatment with significantly high volumes of chlorine at Ione’s expense. (Rock Decl., ¶ 8; Moroz Decl., ¶ 6.) Additionally, Ione’s tertiary treatment plant has experienced ongoing issues with its chlorine disinfection system. (Rock Decl., ¶ 8; Moroz Decl., ¶ 5.) Ione has sought needed repairs, but currently, issues with a chlorine tank limit the amount of water that can be treated through the chlorine disinfection system. (Ibid.) The limitation of the chlorine disinfection system prevents Ione from effectively treating ARSA wastewater. (Rock Decl., ¶¶ 8-9; Moroz Decl., ¶ 6.) Ione has reached out to the Regional Board on multiple occasions to seek assurances that the Regional Board will exercise its prosecutorial discretion not to pursue an enforcement action against Ione for permit violations while Ione and ARSA are trying to address and resolve these issues. (Rock Decl., ¶¶ 9-12.) On October 10, 2022, following this Court’s issuance of the PI Order, Ione sent Regional Board staff a letter notifying the Regional Board of the PI Order and, again, reiterating its request for assurances that the Regional Board not exercise its prosecutorial discretion for permit violations resulting from Ione’s treatment of ARSA water. (Rock Decl., ¶ 12.) To date, no response has been received from the Regional Board. (Ibid.) Thus, as it currently stands, to comply with the Court’s PI Order, Ione and Ione’s system operator are forced to violate WDR Order 93-240 permit limitations. (Rock Decl., ¶ 6; Moroz Decl., ¶ 7.) Civil administrative penalties enforced by the Regional Board for permit violations can be charged per gallon and can total millions of dollars. (Rock Decl., ¶ 6.) / / /
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 5 SOMACH SIMMONS & DUNN A Professional Corporation C. Ione’s Requested Modification to the PI Order
To avoid violating the permits, Ione must take and treat less than 500,000 gallons per day. (Rock Decl., ¶ 9; Moroz Decl., ¶ 6.) Based on the system operator’s professional opinion of the capacity of Ione’s plant and the past and current quality of ARSA water, Ione cannot safely accept and treat more than 200,000 gallons of ARSA water per day for the remainder of the 30-day term of the PI Order, which was issued on October 10, 2022. (Moroz Decl., ¶ 8.) The amount of water that Ione can treat is highly dependent on the day-to-day quality of ARSA water. (Ibid.)
Alternatively, there are steps available that would require relatively little time and expense on behalf of both ARSA and Ione staff that would allow Ione to accept and treat larger daily quantities of ARSA water. (Rock Decl., ¶ 13; Moroz Decl., ¶ 9.) This includes installing a pump with the suction line on floats hanging down into the upper level of Preston Reservoir and the discharge line connected to the reservoir discharge line, which would deliver significantly cleaner surface water to Ione. (Ibid.) It is the opinion of Ione’s tertiary treatment system operator that if the surface water pump were installed, Ione could accept up to 500,000 gallons per day without violating its permit limitations. (Ibid.) However, this is highly dependent on the amount of water that can be discharged to and accepted by Castle Oaks Golf Course. (Ibid.) The amount of recycled water that the golf course accepts decreases in October and November through the rainy season. (Ibid.) Thus, to the extent that the Court determines that the installation of the surface water pump at Preston Reservoir is the appropriate alternative remedy to address the issue, Ione respectfully requests that the Court craft a modified order that grants some flexibility to Ione in the event that the golf course is unable to accept the full 500,000 gallons a day of water.
III. LEGAL STANDARD
Code of Civil Procedure section 533 allows a court to modify an injunction or temporary restraining order upon a showing that “the ends of justice would be served by the modification . . . of the injunction or temporary restraining order.” The Supreme Court has further held that a court has inherent power, “determined by the facts and circumstances of each particular case, with a view to administering justice between the litigants,” that it has “the power 1 2
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 6 SOMACH SIMMONS & DUNN A Professional Corporation to modify or vacate its decree when the ends of justice will be served.” (Sontag Chain Stores Co. v. Superior Court (1941) 18 Cal.2d 92, 94-95.) A court may modify or dissolve an injunction where its initial issuance was “contrary to statutory law.” (New Tech Developments v. Bank of Nova Scotia (1987) 191 Cal.App.3d 1065, 1073.) “The ends of justice are not served if the aggrieved part[y] cannot obtain relief from an improperly issued preliminary injunction.” (Id. at p. 1073.)
IV. ARGUMENT
A. IONE CANNOT SIMULTANEOUSLY COMPLY WITH THE PI ORDER AND
THE REGIONAL BOARD PERMIT
“[C]oncurrent jurisdiction does not make the jurisdiction coequal.” (In re William T. (1985) 172 Cal.App.3d 790, 800.) Although this Court has jurisdiction to review and issue the PI Order, the Regional Board also has existing and ongoing jurisdiction over the discharges from Ione’s tertiary treatment plant. Ione cannot comply with both the PI Order and its permit obligations simultaneously. In effect, this Court’s grant the PI Order conflicts with the Regional Board’s exclusive authority to permit the operation of Ione’s treatment system under the PorterCologne Act.
The Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.) authorized the State Water Resources Control Board (State Water Board) to develop a statewide policy for water quality control. (Wat. Code, § 13000 [declaring that “the health, safety and welfare of the people of the state requires that there be a statewide program for the control of the quality of all the waters of the state”].) Accordingly, the State Water Board required the nine regional water quality control boards to establish regional-specific water quality standards and issue permits for the discharge of treated wastewater that specify permitted levels of pollutants and monitor discharges. (Wat. Code, § 13260 et seq.) Each publicly owned wastewater treatment plant must have an individual permit issued by the appropriate regional board with a detailed and complex set of operating conditions to discharge treated wastewater. (See ibid.) These operating conditions include maximum limitations on emissions of pollutants in treated wastewater before it can be discharged. (Wat. Code, § 13263.) Treated wastewater discharged by a treatment plant 1 2
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 7 SOMACH SIMMONS & DUNN A Professional Corporation must meet the limitations set for wastewater contaminants, or constituents, which are removed through the process of treatment. (See ibid.)
“When a regional board discovers a potential violation of Porter-Cologne or the Clean Water Act, it can pursue an enforcement action.” (Sweeney v. California Regional Water Quality Control Bd. (2021) 61 Cal.App.5th 1093, 1116.) The State Water Board adopted a “Water Quality Enforcement Policy” to define its enforcement process. (See Cal. Code Regs., tit. 23, § 2910 [summary of policy on water quality enforcement].) In pertinent part, the purpose of the policy is “to protect and enhance the quality of the waters of the State” and “deter harmful conduct, protect the public, and achieve maximum water quality benefits.” (Ibid.; see also State Water Resources Control Bd. v. Baldwin & Sons, Inc. (2020) 45 Cal.App.5th 40, 53 (Baldwin & Sons).) For water quality violations, “[c]ivil liability may be imposed administratively by the State Board or Regional Board through the issuance of an [administrative civil liability] complaint.” (Baldwin & Sons, supra, 45 Cal.App.5th at p. 52; see also Wat. Code, § 13323, subd. (a).) Notably, under Water Code section 13223, the regional boards are prohibited from delegating authority “that would result in issuing, modifying, or revoking a waste discharge requirement.” (Malaga County Water Dist. v. Central Valley Regional Water Quality Control Bd. (2020) 58 Cal.App.5th 396, 414.) The regional boards are, however, permitted to seek the support of the superior court to enforce waste discharge requirements. (Wat. Code, § 13262.) Ione has sought relief from the Regional Board’s enforcement authority in an attempt to comply without conflict with the PI Order. (Rock Decl., ¶¶ 10-12.) In a series of written correspondence and phone calls, Ione has requested that the Regional Board exercise its prosecutorial discretion not to pursue enforcement of any violations of Ione’s WDR Order 93-240 directly resulting from Ione’s acceptance and treatment of ARSA water for a limited period, in order to alleviate the potential of a spill at Preston Reservoir in the rainy season. (Ibid.) To date, Ione has not received the assurances from the Regional Board that it will not pursue enforcement of the coliform bacteria and turbidity permit limitations, or any other permitting requirements that may be violated based on the quality of ARSA water. (Rock Decl., ¶ 12.) Absent immediate relief, Ione is in a position of potentially violating the WDR Order 93- 1 2
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 8 SOMACH SIMMONS & DUNN A Professional Corporation 240 every day of the 30-day period under the PI Order. The PI Order effectively usurps the Regional Board’s primary responsibility for matters affecting the quality of water within its region under the Porter-Cologne Act. The ends of justice are served if the PI Order is modified to allow Ione’s tertiary treatment plant to operate in compliance with its permit.
B. THE PROPOSED MODIFICATION BALANCES THE INTERESTS OF THE
REGIONAL BOARD WHILE PROTECTING ARSA AGAINST THE
POTENTIAL RISK OF A FUTURE SPILL
Ione is currently faced with the impossible choice of violating this court’s order or violating the Regional Board’s permitting limits, which are in place expressly for the protection of public health and safety. Requiring Ione to accept ARSA water from Preston Reservoir has and will continue to result in violations of Ione’s permit limitations established by the Regional Board. (Rock Decl., ¶¶ 3, 6; Moroz Decl., ¶¶ 6-7.)
Ione’s proposed modification to the PI Order is intended to avoid violations of WDR Order 93-240 while maintaining an appropriate balance of harms. Ione’s permitted treatment of domestic wastewater in accordance with the Regional Board’s adopted water reclamation requirements ensures its compliance with established limitations intended “to protect the public health, safety, or welfare . . . .” (Wat. Code, § 13523, subd. (a).) ARSA’s request relied on the potential threat of a 100-year flood. (ARSA Memorandum in Support of Ex Parte Application for Order to Show Cause and Temporary Restraining Order (Sept. 28, 2022), p. 7.) Ione does not dismiss the need for ARSA to address the levels of its reservoir as we enter the rainy season; however, without modification of the PI Order, Ione cannot alleviate ARSA’s concerns without violating WDR Order 93-240 issued by the Regional Board and, in effect, risking the health and welfare of its citizens. (Moroz Decl., ¶ 7.) Addressing Ione’s potential permit violations allows compliance with the Regional Board permit without eliminating the benefits to ARSA by lowering Preston Reservoir levels. Accordingly, by modifying the PI Order as requested by Ione, the ends of justice are served for both parties.
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APP.
FOR ORDER TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIM. INJUNCTION 9 SOMACH SIMMONS & DUNN A Professional Corporation V. CONCLUSION
For the reasons set forth above, Ione respectfully requests that this Court modify the PI Order and reduce the amount of water Ione must accept from ARSA to 200,000 gallons of secondarily treated wastewater per day. Alternatively, Ione requests that the Court permit installation of a surface pump at Preston Reservoir, a necessary modification to the system for Ione to have the capacity to take 500,000 gallons per day without permit violations.
Respectfully submitted,
SOMACH SIMMONS & DUNN
A Professional Corporation
DATED: October 17, 2022 By
Theresa C. Barfield
Michelle E. Chester
Attorneys for Defendant City of Ione
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Proof of Service -1- SOMACH SIMMONS & DUNN A Professional Corporation RE: Amador Regional Sanitation Authority v. City of Ione Amador County Superior Court Case No.: 22CV12824
PROOF OF SERVICE
I am employed in the County of Sacramento; my business address is 500 Capitol Mall, Suite 1000, Sacramento, California; my electronic service address is: [email protected]; and I am over the age of 18 years and not a party to the foregoing action.
I hereby certify that on October 17, 2022, I submitted a true and correct copy of the following document(s):
DECLARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION _X__ Via electronic/email service, the document(s) listed above were served via email to the email addresses as set forth in the service list.
_X__ Via Fed Ex service, the document(s) listed above were served via fed ex to the addresses as set forth in the service list.
____ on the parties in said action, by placing a true copy thereof in a sealed envelope with postage fully prepaid thereon and placing said envelope in the area designated for outgoing daily mail address per the service list.
SERVICE LIST
Via Fed Ex and Via Email
Shawn D. Hagerty, Esq.
Matthew Green, Esq.
Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Tel: (619) 525-1370
Fax: (619) 233-6118
[email protected]
[email protected]
Attorneys for Plaintiff
Via Fed Ex and Via Email
Frank A. Splendorio, Esq.
Best Best & Krieger, LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Tel: (916) 325-4000
Fax: (916) 325-4010
[email protected]
Attorneys for Plaintiff
Via Email
PRENTICE LONG, PC
DAVID A. PRENTICE (SBN 144690)
MARGARET LONG (SBN 227176)
CAROLYN WALKER (SBN 262247)
2240 Court Street
Redding, CA 96001
Telephone: (530) 691-0800
Facsimile: (530) 691-0700
[email protected]
[email protected]
[email protected]
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Proof of Service -2- SOMACH SIMMONS & DUNN A Professional Corporation I declare under penalty of perjury that the foregoing is true and correct. Executed on October 17, 2022, at Sacramento, California.
Corene E. Rodder
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DELCARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION 1 SOMACH SIMMONS & DUNN A Professional Corporation
SOMACH SIMMONS & DUNN
A Professional Corporation
THERESA C. BARFIELD (SBN 185568)
MICHELLE E. CHESTER (SBN 300632)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: (916) 446-7979
Facsimile: (916) 446-8199
[email protected]
[email protected]
PRENTICE LONG, PC
DAVID A. PRENTICE (SBN 144690)
MARGARET LONG (SBN 227176)
CAROLYN WALKER (SBN 262247)
2240 Court Street
Redding, CA 96001
Telephone: (530) 691-0800
Facsimile: (530) 691-0700
[email protected]
[email protected]
[email protected]
Attorneys for Defendant
City of Ione
EXEMPT FROM FILING FEES
PER GOV. CODE § 6103
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers agency,
Plaintiff,
v.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, a
California state agency; and DOES 1 through 20,
inclusive,
Defendants,
Case No. 22-CV-12824
DECLARATION OF BRETT MOROZ IN
SUPPORT OF EX PARTE APPLICATION
TO MODIFY OCTOBER 10, 2022 ORDER
AND PRELIMINARY INJUNCTION
Judge: Hon. J.S. Hermanson
Date:
Time:
Dept: 1
Complaint Filed: September 20, 2022
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DELCARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION 2 SOMACH SIMMONS & DUNN A Professional Corporation I, BRETT MOROZ, DO HEREBY DECLARE:
1. I am the operator of the City of lone’s (Ione) Wastewater Treatment Facility and Castle Oaks Water Reclamation Plant, which is the subject of this action. I am employed by PERC Water which is a water infrastructure company that contracts with Ione to operate the wastewater system into which Plaintiff Amador Regional Sanitation Authority (ARSA) delivers its wastewater discharges pursuant to this action. I make this declaration in support of the City of Ione’s Ex Parte Application for Order to Modify Amador County Superior Court’s October 10, 2022 Order and Preliminary Injunction (PI Order). I am over the age of 18 years, have personal knowledge of the matters stated herein, except those matters set forth on information and belief, and if called upon to testify concerning the same, could do so competently.
2. I have been a certified wastewater operator in the state of California since 1977, and have had my Grade IV operator license since 1988. During that time, I have operated different types of tertiary wastewater treatment plants for over 25 years.
3. Ione’s Wastewater Treatment Facility operates under Waste Discharge Requirements (WDRs) Order R5-2013-0022-001 and treats domestic wastewater. The Castle Oaks Water Reclamation Plant also owned and operated by Ione, is a tertiary treatment plant regulated under WDRs Order 93-240 for recycled water use. These permits were issued and are overseen by the Central Valley Regional Water Quality Board (Regional Board).
4. In accordance with WDRs Order 93-240, Ione is required to treat ARSA wastewater to reduce high levels of turbidity and coliform bacteria. Turbidity, which refers to the amount of suspended solids in the wastewater, requires treatment with the addition of a polymer.
Contaminants in ARSA’s wastewater, including hydrogen sulfide and coliform bacteria, must be treated by adding chlorine to the wastewater.
5. Ione’s chlorine disinfection system needs repair. Ione has attempted to obtain the necessary repairs, but none have been completed to date. Ione staff at the tertiary treatment plant are not able to make the repairs. Ione has sought a contractor for the work. Unless and until those repairs are made, Ione’s chlorine disinfection system is limited in its capacity. Attempting to treat more wastewater than the chlorine disinfection system can handle could result in operational 1 2
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DELCARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION 3 SOMACH SIMMONS & DUNN A Professional Corporation violations of the tertiary treatment plant.
6. The high volumes of polymer and chlorine that must be used to treat turbidity, hydrogen sulfide and coliform bacteria effectively limit the amount of wastewater that can be accepted and treated by Ione’s tertiary treatment plant. The tertiary treatment plant cannot physically accept and treat 500,000 gallons of ARSA wastewater in a day. Because Ione’s tertiary treatment system cannot treat the wastewater to the minimum levels required by WDRs Order 93- 240, Ione is unable to discharge 500,000 gallons of wastewater in a day without violating the permit limitations.
7. If we were to accept and discharge 500,000 gallons of ARSA water each day, we would be in immediate violation of our permit requirements. Ione’s tertiary treatment plant cannot reliably treat the ARSA water to meet the turbidity limits in our permit. Discharges from the are likely to exceed the permit limit on coliform bacteria daily maximum in taking ARSA water. ARSA water releases hydrogen sulfide above limits established by the U.S. Occupational Safety and Health Administration, which is a threat to public health and, at certain concentrations, is explosive. It remains too dangerous to public health and safety, and is in direct violation of our permit issued by the Regional Board, to continue to accept said input without major modifications to ARSA’s delivery of the water from Preston Reservoir.
8. Given all the current circumstances addressed herein and in the Declaration of Michael Rock dated October 15, 2022, it is my opinion as the operator of the Ione tertiary treatment system that the maximum amount of ARSA wastewater that can be consistently accepted, treated, and discharged without violating WDRs Order 93-240 is 200,000 gallons per day. Although the system may be able to take more water on some days, this is highly dependent on the unpredictable day-to-day quality of ARSA water.
9. The reason for ARSA water’s poor quality is that the outflow from Preston Reservoir (the location of ARSA wastewater) is from the bottom of the reservoir, which is covered in stagnate sludge that has settled out of the water over decades of use. If ARSA installed a pump with the suction line on floats hanging down into the upper level of the reservoir and the discharge line connected to the reservoir discharge line, it is my opinion that the Ione 1 2
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DELCARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION 4 SOMACH SIMMONS & DUNN A Professional Corporation tertiary treatment system could accept and treat up to 500,000 gallons per day. This is because the water quality at the surface level is much better than at the bottom of the reservoir.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief. Executed this 17th day of October 2022 in Ione, California.
BRETT MOROZ
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Proof of Service -1- SOMACH SIMMONS & DUNN A Professional Corporation RE: Amador Regional Sanitation Authority v. City of Ione Amador County Superior Court Case No.: 22CV12824
PROOF OF SERVICE
I am employed in the County of Sacramento; my business address is 500 Capitol Mall, Suite 1000, Sacramento, California; my electronic service address is: [email protected]; and I am over the age of 18 years and not a party to the foregoing action.
I hereby certify that on October 17, 2022 , I submitted a true and correct copy of the following document(s):
DECLARATION OF BRETT MOROZ IN SUPPORT OF EX PARTE APPLICATION TO MODIFY OCTOBER 10, 2022 ORDER AND PRELIMINARY INJUNCTION _X__ Via electronic/email service, the document(s) listed above were served via email to the email addresses as set forth in the service list.
_X__ Via Fed Ex service, the document(s) listed above were served via fed ex to the addresses as set forth in the service list.
____ on the parties in said action, by placing a true copy thereof in a sealed envelope with postage fully prepaid thereon and placing said envelope in the area designated for outgoing daily mail address per the service list.
SERVICE LIST
Via Fed Ex and Via Email
Shawn D. Hagerty, Esq.
Matthew Green, Esq.
Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Tel: (619) 525-1370
Fax: (619) 233-6118
[email protected]
[email protected]
Attorneys for Plaintiff
Via Fed Ex and Via Email
Frank A. Splendorio, Esq.
Best Best & Krieger, LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Tel: (916) 325-4000
Fax: (916) 325-4010
[email protected]
Attorneys for Plaintiff
Via Email
PRENTICE LONG, PC
DAVID A. PRENTICE (SBN 144690)
MARGARET LONG (SBN 227176)
CAROLYN WALKER (SBN 262247)
2240 Court Street
Redding, CA 96001
Telephone: (530) 691-0800
Facsimile: (530) 691-0700
[email protected]
[email protected]
[email protected]
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Proof of Service -2- SOMACH SIMMONS & DUNN A Professional Corporation I declare under penalty of perjury that the foregoing is true and correct. Executed on October 17, 2022, at Sacramento, California.
Corene E. Rodder
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DELCARATION OF MICHAEL ROCK IN SUPPORT OF EX PARTE APPLICATION TO MODIFY THE TEMPORARY RESTRAINING ORDER 1 SOMACH SIMMONS & DUNN A Professional Corporation
SOMACH SIMMONS & DUNN
A Professional Corporation
THERESA C. BARFIELD (SBN 185568)
MICHELLE E. CHESTER (SBN 300632)
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: (916) 446-7979
Facsimile: (916) 446-8199
[email protected]
[email protected]
PRENTICE LONG, PC
DAVID A. PRENTICE (SBN 144690)
MARGARET LONG (SBN 227176)
CAROLYN WALKER (SBN 262247)
2240 Court Street
Redding, CA 96001
Telephone: (530) 691-0800
Facsimile: (530) 691-0700
[email protected]
[email protected]
[email protected]
Attorneys for Defendant
City of Ione
EXEMPT FROM FILING FEES
PER GOV. CODE § 6103
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF AMADOR
AMADOR REGIONAL SANITATION
AUTHORITY, a California joint powers agency,
Plaintiff,
v.
CITY OF IONE, a California municipal
corporation; CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, a
California state agency; and DOES 1 through 20,
inclusive,
Defendants,
Case No. 22-CV-12824
DECLARATION OF MICHAEL ROCK IN
SUPPORT OF EX PARTE APPLICATION
TO MODIFY OCTOBER 10, 2022 ORDER
AND PRELIMINARY INJUNCTION
Judge: Hon. J.S. Hermanson
Date:
Time:
Dept: 1
Complaint Filed: September 20, 2022
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DELCARATION OF MICHAEL ROCK IN SUPPORT OF EX PARTE APPLICATION TO MODIFY THE TEMPORARY RESTRAINING ORDER 2 SOMACH SIMMONS & DUNN A Professional Corporation I, MICHAEL ROCK, DO HEREBY DECLARE:
1. I am the City Manager for the City of Ione, Defendant in the above-entitled action.
I make this declaration in support of the City of Ione’s Ex Parte Application for Order to Modify the Temporary Restraining Order. I am over the age of 18 years, have personal knowledge of the matters stated herein, except those matters set forth on information and belief, and if called upon to testify concerning the same, could do so competently.
2. As City Manager, I work closely with the contract operator of Ione’s Wastewater Treatment Facility and Castle Oaks Water Reclamation Plant. Ione’s Wastewater Treatment Facility operates under Waste Discharge Requirements (WDRs) Order R5-2013-0022-001 and treats domestic wastewater from Ione and secondary effluent from Preston Reservoir. The Castle Oaks Water Reclamation Plant, also owned and operated by Ione, is a tertiary treatment plant regulated under WDRs Order 93-240 for recycled water use. A true and correct copy of WDR 3- 240 is attached hereto as Exhibit 1. These permits were issued and are overseen by the Central Valley Regional Water Quality Board (Regional Board).
3. I am fully aware of all the issues with the acceptance of wastewater from the Amador Regional Sanitation Authority (ARSA) outflow from Preston Reservoir. There is a significant issue with the quality of ARSA water, which presents difficulties for Ione to effectively treat the water and discharge it without violating the permit conditions governing Ione’s treatment and discharge of wastewater. Any efforts or assurances by ARSA to sufficiently address water quality issues for continued treatment at Ione’s plant were unsuccessful.
4. Since 2007, Ione has accepted ARSA wastewater in certain amounts and under certain conditions pursuant to a 2007 agreement. However, Ione sent a notice of termination on July 19, 2017, notifying ARSA that the agreement would be terminated effective July 31, 2022.
Ione has taken steps to negotiate a new agreement, which has not yet been successful. Currently, there is no agreement in place. We have attempted to voluntarily take ARSA water while Ione and ARSA work toward executing a new agreement.
5. On October 11, following a hearing on ARSA’s application for preliminary injunction, the Court issued a preliminary injunction requiring that Ione accept 500,000 gallons of 1 2
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DELCARATION OF MICHAEL ROCK IN SUPPORT OF EX PARTE APPLICATION TO MODIFY THE TEMPORARY RESTRAINING ORDER 3 SOMACH SIMMONS & DUNN A Professional Corporation secondarily treated wastewater per day from Preston Reservoir each day for the next 30 days, totaling 15 million gallons. Since the order was issued, I have had various discussions with Ione’s system operator Brett Moroz regarding the logistics of operating the system to comply with the Court's order.
6. The conveyance, storage, and treatment of wastewater at Castle Oaks Wastewater Treatment Facility (tertiary treatment), is permitted by the Central Valley Regional Water Quality Control Board (Regional Board). To comply with the court’s October 11 Order, Ione and Ione’s system operator are forced to violate the permit limitations. In my experience, civil administrative penalties enforced by the Regional Board for permit violations can be charged per gallon and can total millions of dollars.
7. Because ARSA’s wastewater is delivered from the bottom of Preston Reservoir, which is covered in a thick sludge of material that has settled out of the water over time, the wastewater has high turbidity and must be treated with a polymer. The polymer is added to the wastewater to bind together dissolved organic matter. The amount of polymer required to treat the high turbidity and the amount of organic material that must be filtered out of ARSA wastewater effectively limits the total amount of water that can be accepted and treated by Ione’s tertiary treatment system.
8. ARSA’s wastewater must also be treated with chlorine, which is a widely used disinfectant for municipal wastewater because it destroys harmful bacteria and other contaminants in municipal wastewater. The cost of chlorine disinfection system is dependent on the characteristics of the wastewater to be disinfected. Coliform bacteria is present in ARSA’s water at a high level that requires treatment with significantly high volumes of chlorine at Ione’s expense. Additionally, Ione’s tertiary treatment plant has experienced ongoing issues with its chlorine disinfection system. Ione has sought needed repairs, but currently, issues with a chlorine tank limit the amount of water that can be treated through the chlorine disinfection system. The limitation of the chlorine disinfection system prevents Ione from effectively treating ARSA wastewater.
9. Ione’s tertiary treatment plant cannot accept wastewater from ARSA that cannot 1 2
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DELCARATION OF MICHAEL ROCK IN SUPPORT OF EX PARTE APPLICATION TO MODIFY THE TEMPORARY RESTRAINING ORDER 4 SOMACH SIMMONS & DUNN A Professional Corporation be effectively treated and discharged. To avoid violating the permits, Ione must take and treat less than 500,000 gallons per day. We have reached out to the Regional Board on multiple occasions to seek assurances that the Regional Board will exercise its prosecutorial discretion not to pursue an enforcement action against Ione for permit violations while Ione and ARSA are trying to address and resolve these issues.
10. On September 22, 2022, Ione sent the Regional Board a letter with detailed information regarding the issues of water quality and treatment of Preston Reservoir water and requested additional assurances from the Regional Board. A true and correct copy of Ione’s September 22, 2022 response letter is attached hereto as Exhibit 2. Specifically, Ione requested that the Regional Board also exercise its prosecutorial discretion to not pursue enforcement of any and all permit violations directly resulting from Ione’s acceptance and treatment of ARSA water, including not only odor conditions, but also turbidity and organic compounds that cannot be mitigated despite Ione’s best efforts.
11. As recently as October 3, 2022, on a phone call with representatives from the Regional Board, ARSA, and CDCR, Ione reiterated its request to the Regional Board for assurances that it will not exercise its prosecutorial discretion on the requested scope of potential permit violations resulting from Ione’s temporary treatment of ARSA water under the exigent circumstances. It was my impression that Regional Board Executive Officer Patrick Pulupa was receptive to the option of providing assurances. To date, no such assurances have been confirmed orally or in writing.
12. On October 11, 2022, following the issuance of this court’s order granting the temporary restraining order, Ione sent Regional Board staff a letter notifying the Regional Board of the order and, again, reiterating its request for assurances that the Regional Board not exercise its prosecutorial discretion for permit violations resulting from Ione’s treatment of ARSA water.
A true and correct copy of that letter is attached hereto as Exhibit 3. To date, no response has been received from the Regional Board.
13. When we have taken ARSA water, I have repeatedly spoken with ARSA representatives about the quality of water being unacceptable and untreatable based on Ione’s 1 2
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DELCARATION OF MICHAEL ROCK IN SUPPORT OF EX PARTE APPLICATION TO MODIFY THE TEMPORARY RESTRAINING ORDER 5 SOMACH SIMMONS & DUNN A Professional Corporation treatment capacity. I have advised ARSA representatives that there are steps available that would require relatively little time and expense on behalf of both ARSA and Ione staff that would allow Ione to accept and treat ARSA water. This includes installing a pump with the suction line on floats hanging down into the upper level of Preston Reservoir and the discharge line connected to the reservoir discharge line, which would deliver significantly cleaner surface water to Ione. It is my understanding that installation of the pump would take only a few days and, if the surface water pump were installed, Ione could accept up to 500,000 gallons per day without violating its permit limitations. However, this is highly dependent on the amount of water that Castle Oaks Golf Course can accept, which, in past years, decreases in October and November through the rainy season.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 15th day of October 2022 in Ione, California.
MICHAEL ROCK
EXHIBIT 1
. • 7•••.„
;,LATE OF CALIFORNIA - Environmental Pro .on Agency
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION 3443 Routier Road, Suite A
Sacramento, CA 95827-3098
PHONE: (916) 255-3000
FAX: (918) 255-3015
7 December 1993
Mr. Roderick E. Schuler
Amador Regional Sanitation Authority
108 Court Street
Jackson, CA 95642
Mr. Watson Clifford, City Engineer
City of Ione
P.O. Box 398
Ione, CA 95640
Mr. George S. Lee, Vice President
Portlock International, Ltd.
P.O. Box 1368
Ione, CA 95640
CERTIFIED MAIL
P 430 798 037
CERTIFIED MAIL
P 430 798 038
CERTIFIED MAIL
P 430 798 039
12...47 1,4 Parr`c - PI MU. /4;fF 1 s514
124641t IzapS
PETE WILSON, Governor
REceivert
EUBLIC WORKS AGENCS
Ube N1993
dO COURT: STREET. 9ACKSON, CA 9' 942.2335
TRANSMITTAL OF ADOPTED/AMENDED WASTE DISCHARGE REQUIREMENTS FOR AMADOR COUNTY REGIONAL OUTFALL AND CASTLE OAKS GOLF COURSE AND DEVELOPMENT, AMADOR REGIONAL SANITATION AUTHORITY, CITY OF IONE, PORTLOCK INTERNATIONAL, LTD.
Enclosed is an official copy of Order No. 93-240 as amended by the California Regional Water Quality Control Board, Central Valley Region, at its last regular meeting.
ES B. MAUGHA
Area Engineer
JBM:dlk
Enclosures:
cc +Encl:
Adopted Order, Standard Provisions (Discharger only)
Office of Drinking Water, Department of Health Services, Sacramento Environmental Mgmt. Branch, Department of Health Services, Sacramento Department of Fish and Game, Rancho Cordova
Department of Water Resources, Central District, Sacramento Mrs. Betsy Jennings, State Water Resources Control Board, Sacramento Mr. Archie Matthews, State Water Resources Control Board, Sacramento Amador County Health Department, Jackson
Amador County Planning Department, Jackson
Mr. Richard Stowell, Dewante & Stowell, Sacramento
+..
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
ORDER NO. 93-240
WATER RECLAMATION REQUIREMENTS
FOR
AMADOR COUNTY REGIONAL OUTFALL
AND
CASTLE OAKS GOLF COURSE AND DEVFJ OPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
The California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds that:
1. Amador Regional Sanitation Authority (ARSA), the City of Ione, and Portlock International, Ltd. (hereafter Discharger) submitted a Report of Waste Discharge, dated 5 November 1993, for revised requirements for treatment and reclamation use of wastewater from the Amador County Regional Outfall.
2. ARSA is a special district which operates the Amador County Regional Outfall System. Effluent produced by the City of Sutter Creek wastewater treatment plant is stored in a series of reservoirs. ARSA provides water to a group of ranchers known as the Amador County Reclaimed Wastewater Users and to the Preston School of Industry in Ione. ARSA also augments this supply with water diverted from Sutter Creek.
3. The Board, on 24 June 1988, adopted Order No. 88-114 which prescribed requirements for Amador Regional Sanitation Authority, Amador County Regional Outfall, which included the discharge to 430 acres of State-owned and privatelyowned property for pasture irrigation. This pasture area has been developed and is now the site of the Castle Oaks Golf Course and Development Project.
4. ARSA has several orders governing discharges from the Amador County Regional Outfall. Effluent from this system is delivered to the California Youth Authority, Preston School of Industry (Order No. 83-023) and Amador County Reclaimed Wastewater Users (Order No. 83-024) on a as needed basis. Preston filters and chlorinates the ARSA water and uses it for toilet flushing, landscaping irrigation, and fire protection.
5. In order to assure adequate disposal capacity for Amador County Regional Outfall effluent, ARSA has entered into a long-term agreement with the City of Ione to dispose of up to 900 acre-feet/year. The 18-hole Castle Oaks Golf Course is approximately 190 acres with 15 acres of ponds and is owned by the City of Ione.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
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6. The City of Ione is proposing to construct a reclamation plant that will treat the secondary effluent in the ARSA outfall system to meet Title 22 requirements for unrestricted use. The treatment facility is owned and will be operated by the City of Ione, with Portlock International, Ltd. managing the irrigation system at the golf course. Until this facility is completed, the discharge will operate under interim effluent limitations. Exposure to golfers or residents will not be allowed during this interim period.
7. The wastewater treatment facilities will include a PVC-lined equalization lake, sand filters and a chlorine contact basin. Effluent will be reclaimed at the Castle Oaks Golf Course. Mostly irrigation will occur from April to November with limited irrigation demand during the winter.
8. The City of Ione will discharge an average of 1.2 million gallons per day (mgd) to holding ponds at the treatment plant and golf course followed by irrigation of the Castle Oaks Golf Course. ARSA will continue operations of Henderson and Preston Reservoirs for storage and regulation.
9. The Outfall System is in Sections 9-12, 16-18, T6N, R10E, MDB&M and Sections 22 and 23, T6N, R9E, MDB&M with surface water drainage to Mule and Sutter Creeks, tributary to Dry Creek, tributary to Mokelumne River as shown on Attachment A, which is attached hereto and a part of the Order by reference.
10. The City of Ione, ARSA and Portlock International, Ltd. on 30 November 1993 entered into an agreement as to the responsibilities each has concerning the treatment, conveyance and disposal of the wastewater.
11. The Board adopted a Water Quality Control Plan, Second Edition, for the Sacramento-San Joaquin Delta Basin (5B) (hereafter Basin Plan), which contains water quality objectives for all waters of the Basin. These requirements implement the Basin Plan.
12. The beneficial uses of Sutter and Mule Creeks and downstream waters are municipal, industrial and agricultural supply; recreation; esthetic enjoyment; navigation; ground water recharge; fresh water replenishment; and preservation and enhancement of fish, wildlife, and other aquatic resources.
13. The beneficial uses of the ground water are municipal, domestic, industrial, and agricultural supply.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
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14. City of Ione has certified a Final Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines. The project as approved will not have a significant effect on water quality.
15. The Board has reviewed the EIR and concurs there are no significant impacts on water quality.
16. The Department of Health Services has established statewide reclamation criteria in Title 22, California Code of Regulations, Section 60301, et seq. (hereafter Title 22) for the use of reclaimed water.
17. The Board consulted with the Department of Health Services, Amador County Health Department and considered their recommendations regarding public health aspects for use of reclaimed water.
18. Section 2511(a), Title 23, of the California Code of Regulations (CCR), exempts this discharge from the requirements of Chapter 15.
19. The Board has notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations.
20. The Board, in a public meeting, heard and considered all comments pertaining to the discharge.
IT IS HEREBY ORDERED that Waste Discharge Requirements Order No. 88-114 is rescinded and the City of Ione, Amador County Regional Outfall System, Amador Regional Sanitation Authority, Portlock International, Ltd., its agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following:
A. Interim Effluent Limitations - Golf Course Irrigation (Construction and Development Phase):
1. The discharge of an effluent in excess of the following limits is prohibited:
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
Weekly Monthly Daily
Constituent Mills Median Average Maximum
Total Coliform MPN/100 ml 23 240
Organisms
Flow mgd 1.2
BOD5 mg/1 40 80
B. Final Effluent Limitations:
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1. The irrigation of the golf course and green space areas which are accessible to the public with reclaimed wastewater in excess of the following limits is prohibited:
Constituent Units
Monthly
Median
Monthly
Average
Daily
Maximum
Total Coliform MPN/100 ml 2.2 23
Organisms
Flow mgd 1.2
Settleable Matter m1/1 0.2 0.5
BOD5 mg/1 10 30
Turbidity NTU 2 5
2. The irrigation of dedicated disposal areas which are not accessible to golfer, residents or the public with reclaimed wastewater in excess of the following limits is prohibited:
Monthly Monthly Daily
Constituent Units Median Average Maximum
Total Coliform MPN/100 ml 23 240
Organisms
BOD5 mg/1 40 80
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
C. Discharge Prohibitions:
1. Discharge of wastes to surface waters or surface water drainage courses is prohibited.
2. The by-pass or overflow of untreated or partially treated waste is prohibited.
3. Discharge of waste classified as 'hazardous' or 'designated,' as defined in Sections 2521(a) and 2522(a) of Chapter 15, is prohibited.
D. Discharge Specifications:
1. Neither the treatment nor the discharge shall cause a nuisance or condition of pollution as defined by the California Water Code, Section 13050.
2. The discharge shall not cause degradation of any water supply.
3. The discharge shall remain within the designated disposal area at all times.
4. Collected screenings, sludges, and other solids removed from liquid wastes shall be disposed of in a manner approved by the Executive Officer. -5-
5. Wastewater shall be discharged to Castle Oaks Golf Course in accordance with a Wastewater Disposal Operations Plan which has been approved by the Executive Officer. Prior to irrigation of dedicated disposal areas pursuant to Effluent Limitation B.2., the Discharger shall submit to the Executive Officer a specific operation plan describing the irrigated area, rate of application, irrigated crops, and efforts to prevent public exposure.
6. A 2.0-foot freeboard shall be maintained in all treatment and storage ponds at all times or an operational plan shall be submitted which shows why a 2.0-foot freeboard is not needed to prevent overtopping of the berms.
7. Reclaimed wastewater shall meet the criteria contained in Title 22, Division 4, CCR (Section 60301, et seq.).
8. Reclaimed wastewater conveyance lines shall be clearly marked as such.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
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9. The dissolved oxygen content of holding ponds shall not be less than 1.0 mg/1 for 16 hours in any 24-hour period.
10. Areas irrigated with reclaimed water shall be managed to prevent breeding of mosquitos. More specifically,
a. Tail water must be returned and all applied irrigation water must infiltrate completely within a 12-hour period.
b. Ditches not serving as wildlife habitat should be maintained free of emergent, marginal, and floating vegetation.
c. Low-pressure and unpressurized pipelines and ditches accessible to mosquitos shall not be used to store reclaimed water.
11. Reclaimed water for irrigation shall be managed to minimize erosion and runoff from the disposal area.
12. Direct or windblown spray shall be confined to the designated reclamation area and prevented from contacting drinking water facilities.
13. The Discharger may not spray irrigate effluent during periods of precipitation and for at least 24 hours after cessation of precipitation, or when winds exceed 30 mph.
14. A 100-foot buffer shall be maintained between any flowing watercourse and the wetted area produced during spray disposal.
15. Signs with proper wording of sufficient size shall be placed at areas of access and around the perimeter of all areas used for effluent disposal to alert the public of the use of reclaimed water.
16. Runoff from irrigated areas, within 24 hours of the last application of reclaimed water, shall not be discharged to any surface water drainage course.
17. There shall be no irrigation or impoundment of reclaimed water within 500 feet of any domestic water well or within 100 feet of any irrigation well unless it is demonstrated to the satisfaction of the Executive Officer that less distance is justified.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
E. Provisions:
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1. Reclaimed water controllers, valves, etc., shall be affixed with reclaimed water warning signs, and these and quick couplers and sprinkler heads shall be of a type, or secured in a manner, that permits operation by authorized personnel only.
2. The treatment facilities shall be designed, constructed, operated, and maintained to prevent inundation or washout due to floods with a 100-year return frequency.
3. The Discharger may be required to submit other technical reports as directed by the Executive Officer.
4. The Discharger shall submit a report by 1 September each year which describes how the Preston Reservoir is being maintained for the up-coming winter season. This report should contain current levels in reservoir and methods planed to dispose of wastewater so that winter storage levels are reached.
5. The Discharger shall comply with the Monitoring and Reporting Program No. 93-240, which is part of this Order, and any revisions thereto as ordered by the Executive Officer.
6. The Discharger shall comply with the "Standard Provisions and Reporting Requirements for Waste Discharge Requirements", dated 1 March 1991, which are attached hereto and by reference a part of this Order. This attachment and its individual paragraphs are commonly referenced as "Standard Provision(s)."
7. The Discharger shall report promptly to the Board any material change or proposed change in the character, location, or volume of the discharge.
8. In the event of any change in control or ownership of land or waste discharge facilities presently described herein, the Discharger shall notify the succeeding owner or operator of the existence of this Order by letter, a copy of which shall be forwarded to this office.
9. The Board will review this Order periodically and will revise requirements when necessary.
WATER RECLAMATION REQUIREMENTS
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-8-
I, WILLIAM H. CROOKS, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Central Valley Region, on 3 December 1993.
LIQL__ ei,„L
WILLIAM H. CROOKS, Executive Officer
Attachments
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
MONITORING AND REPORTING PROGRAM NO. 93-240
FOR
AMADOR COUNTY REGIONAL OUTFALL
AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
EFFLUENT MONITORING
Effluent samples shall be collected just prior to discharge to the irrigation system. Effluent samples should be representative of the volume and nature of the discharge. Samples collected from the outlet structure of ponds will be considered adequately composited. Time of collection of a grab sample shall be recorded. The following shall constitute the effluent monitoring program:
Type of Sampling
Constituents Units Sample Frequency
Total Conform MPN/100 ml Grab Daily
Organisms
Flow mgd Cumulative Daily
20°C BOD5 mg/1 Grab Weekly
Settleable Matter ml/1 Grab Weekly
Turbidity NW Grab Weekly
STORAGE PONDS MONITORING
All dissolved oxygen samples shall be taken from the surface of the storage ponds.
Type of Sampling
Constituents Units Sample Frequency
Dissolved Oxygen mg/1 Grab Weekly
Freeboard feet Weekly
MONITORING AND REPORTING PROGRAM
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
GROUND WATER MONITORING
The following shall constitute the ground water monitoring program:
Constituents Unite
Specific Conductivity µ mhos/cm
pH pH Units
Nitrate mg/1
Well Elevation feet,
USGS Datum
Sampling
Frequency
Monthly
Monthly
Monthly
Monthly
-2-
The City of Ione will install at least one upgradient and two downgradient ground water monitoring wells by 1 June 1994 around the storage ponds at the Castle Oaks Golf Course.
REPORTING
In reporting the monitoring data, the Discharger shall arrange the data in tabular form so that the date, the constituents, and the concentrations are readily discernible. The data shall be summarized in such a manner to illustrate clearly the compliance with waste discharge requirements.
Monthly monitoring reports shall be submitted to the Regional Board by the 20th day of the following month.
The results of any monitoring done more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board.
Upon written request of the Board, the Discharger shall submit a report to the Board by 30 January of each year. The report shall contain both tabular and graphical summaries of the monitoring data obtained during the previous year. In addition, the Discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the waste discharge requirements.
MONITORING AND REPORTING PROGRAM
AMADOR COUNTY REGIONAL OUTFALL AND
CASTLE OAKS GOLF COURSE AND DEVELOPMENT
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
-3-
The Discharger shall implement the above monitoring program as of the date of this Order.
Ordered by: A j i
WILLIAM H. CROOKS, Executive Officer
3 December 1993
(date)
JBM
Name
INFORMATION SHEET
AMADOR REGIONAL COUNTY OUTFALL AND CASTLE OAKS GOLF COURSE
AND DEVELOPMENT, AMADOR REGIONAL SANITATION AUTHORITY, THE CITY OF IONE, PORTLOCK INTERNATIONAL, LTD., AMADOR COUNTY
Year-round irrigation of the Castle Oaks Golf Course with tertiary treated wastewater will replace the existing April to October discharge of secondary effluent to farm land that Amador Regional Sanitation Authority has been using to dispose of its wastewater. The new treatment facility and golf course are off Highway 104, just west of the City of Ione in Amador County. The treatment plant is owned and operated by the City of Ione. Portlock International, Ltd. will manage the irrigation of the golf course.
The Board, on 24 June 1988, adopted Order No. 88-114 prescribing requirements for Amador Regional Sanitation Authority, Amador County Regional Outfall System included the discharge to 430 acres of State-owned and privately-owned property for pasture irrigation.
This area is now the site of the Castle Oaks Golf Course and Development Project. The City owns the golf course and ARSA has an agreement with the city to supply wastewater for irrigation purposes up to 900 acre-feet/year.
ARSA is a special district which operates the Amador County Regional Outfall System.
Secondary effluent produced by the City of Sutter Creek wastewater treatment plant, mixed with water diverted from Sutter Creek is stored in Henderson and Preston reservoirs. ARSA provides water to ranchers from these reservoirs and to the Preston School of Industry in Ione. Preston filters and chlorinates the ARSA water and uses it for toilet flushing, landscaping irrigation, and fire protection.
ARSA also is under Order No. 83-024 governing discharges from the Amador County Regional Outfall to reclaimed wastewater users. Preston School, which receives wastewater from the outfall, is governed by Order No. 83-023.
The 18-hole Castle Oaks Golf Course has been constructed. However, the course is not open for use; the site will continue to use secondary treated wastewater during the construction phase of the treatment facilities. In the spring of 1994, the treatment facility is expected to be completed. The treatment facility will include a PVC-lined equalization lake, sand filters and a chlorine contact basin. Effluent will be used for irrigation and water hazards at the Castle Oaks Golf Course. The average flow of tertiary treated wastewater is expected to reach 1.2 mgd.
Golf course irrigation will occur mostly April to November. Surface water drainage is to Sutter and Mule Creeks, tributary to Dry Creek, and tributary to the Mokelumne River. ..
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20 AMADOR COUNTY REGIONAL
OUTFALL SYSTEM
AMADOR REGIONAL SANITATION AUTHORITY
CITY OF IONE
PORTLOCK INTERNATIONAL, LTD.
AMADOR COUNTY
Section 9-12,16-18, T6N, R10E, MDB&M
Section 22 & 23, T6N, R9E, MDB&M
Sutter Creek 15' Quadrangle
Scale: 1:62,500
'mat
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
STANDARD PROVISIONS AND REPORTING REQUIREMENTS
FOR
WASTE DISCHARGE K QuIHLMENTS
1 March 1991
A. General Provisions:
1. any
The requirements prescribed herein do not authorize the commission of discharger
act causing injury to the property of another, or protect the from liabilities under federal, state, or local laws. This Order does not convey any property rights or exclusive privileges.
2. The provisions of this Order are severable. If any provision of this Order is held invalid, the remainder of this Order shall not be affected.
3. After notice and opportunity for a hearing, this Order may be terminated or modified for cause, including, but not limited to:
a. Violation of any term or condition contained in this Order; b. Obtaining this Order by misrepresentation, or failure to disclose fully all relevant facts; c. A change in any condition that results in either a temporary or permanent need to reduce or eliminate the authorized discharge; d. A material change in the character, location, or volume of discharge.
4. Before making a material change in the character, location, or volume of discharge, the discharger shall file a new Report of Waste Discharge with the Regional Board. A material change includes, but is not limited to, the following:
a. An increase in area or depth to be used for solid waste disposal beyond that specified in waste discharge requirements b. A significant change in disposal method, location or volume, e.g., change from land disposal to land treatment.
c. The addition of a major industrial, municipal or domestic waste discharge facility. d. The addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -2-
Waste Discharge to Land
A. General Provisions (continued)
5. Except for material determined to be confidential in accordance with California law and regulations, all reports prepared in accordance with terms of this Order shall be available for public inspection at the offices of the Board. Data on waste discharges, water quality, geology, and hydrogeology shall not be considered confidential.
6. The discharger shall take all reasonable steps to minimize any adverse impact to the waters of the state resulting from noncompliance with this Order. Such steps shall include accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.
7. The discharger shall maintain in good working order and operate as efficiently as possible any facility, control system, or monitoring device installed to achieve compliance with the waste discharge requirements.
8. The discharger shall permit representatives of the Regional Board (hereafter Board) and the State Water Resources Control Board, upon presentation of credentials, to:
a. Enter premises where wastes are treated, stored, or disposed of and facilities in which any records are kept,
b. Copy any records required to be kept under terms and conditions of this Order,
c. Inspect at reasonable hours, monitoring equipment required by this Order, and
d. Sample, photograph and video tape any discharge, waste, waste management unit or monitoring device.
9. For any electrically operated equipment at the site, the failure of which could cause loss of control or containment of waste materials, or violation of this Order, the discharger shall employ safeguards to prevent loss of control over wastes. Such safeguards may include alternate power sources, standby generators, retention capacity, operating procedures, or other means.
10. The fact that it would have been necessary to halt or reduce the permitted activity in Order to maintain compliance with this Order shall not be a defense for the discharger's violations of the Order.
11. Neither the treatment nor the discharge shall create a condition of nuisance or pollution as defined by the California Water Code, Section 13050.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS
Waste Discharge -3- to Land
A. General Provisions (continued)
12. The discharge shall remain within the designated disposal area at all times.
B. General Reporting Requirements
I. In the event the discharger does not comply or will be unable to comply with any prohibition or limitation of this Order for any reason, the discharger shall notify the Board by telephone at (916) 255-3000 as soon as it or its agents have knowledge of such noncompliance or potential for noncompliance, and shall confirm this notification in writing within two weeks. The written notification shall state the nature, time and cause of noncompliance, and shall describe the measures being taken to prevent recurrences and shall include a timetable for corrective actions.
2. The discharger shall have a plan for preventing and controlling accidental discharges, and for minimizing the effect of such events.
This plan shall:
a. Identify the possible sources of accidental loss or leakage of wastes from each waste management, treatment, or disposal facility. b. Evaluate the effectiveness of present waste management/treatment units and operational procedures, and identify needed changes or contingency plans. c. Predict the effectiveness of the proposed changes in waste management/treatment facilities and procedures and provide an implementation schedule containing interim and final dates when changes will be implemented.
The Board, after review of the plan, may establish conditions that it deems necessary to control leakages and minimize their effects.
3. All reports shall be signed by persons identified below:
a. For a corporation: by a principal executive officer
of at least the level of senior vice-president.
b. For a partnership or sole proprietorship: by a general partner or the proprietor. c. For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected or appointed official.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -4-
Waste Discharge to Land
B. General Reporting Requirements (continued)
d. A duly authorized representative of a person designated in 3a, 3b or 3c of this requirement if;
(1) the authorization is made in writing by a person described in 3a, 3b, or 3c of this provision;
(2) the authorization specifies either an individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator of a waste management unit, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
(3) the written authorization is submitted to the Board Any person signing a document under this Section shall make the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
4. Technical and monitoring reports specified in this Order are requested pursuant to Section 13267 of the Water Code. Failing to furnish the reports by the specified deadlines and falsifying information in the reports, are misdemeanors that may result in assessment of civil liabilities against the discharger.
5. The discharger shall mail a copy of each monitoring report and any other reports required by this Order to:
California Regional Water Quality Control Board
Central Valley Region
3443 Routier Road, Suite A
Sacramento, CA 95827-3098
or the current address if the office relocates.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS
Waste Discharge -5- to Land
C. Provisions for Monitoring
I.
(1)
All analyses shall be made in accordance with the latest edition of: "Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater" (EPA 600 Series) and (2) "Test Methods for Evaluating Solid Waste" (SW 846-latest edition). The test method may be modified subject to application and approval of alternate test procedures under the Code of Federal Regulations (40 CFR 136).
2. a
Chemical, bacteriological, and bioassay analyses shall be conducted at laboratory certified for such analyses by the State Department of Health Services. In the event a certified laboratory is not available to the discharger, analyses performed by a noncertified laboratory will be accepted provided a Quality Assurance-Quality Control Program is instituted by the laboratory. A manual containing the steps followed in this program must be kept in the laboratory and shall be available for inspection by Board staff. The Quality Assurance-Quality Control Program must conform to EPA guidelines or to procedures approved by the Board.
Unless otherwise specified, all metals shall be reported as Total Metals.
3. The discharger shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings of continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of three years from the date of the sample, measurement, report, or application, This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer.
Record of monitoring information shall include:
a. the date, exact place, and time of sampling or measurements, b. the individual(s) who performed the sampling of measurements, c. the date(s) analyses were performed,
d. the individual(s) who performed the analyses,
e. the laboratory which performed the analysis,
f. the analytical techniques or methods used, and
g. the results of such analyses.
4. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated at least yearly to ensure their continued accuracy.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -6-
Waste Discharge to Land
C. Provisions For Monitoring (continued)
5. The discharger shall maintain a written sampling program sufficient to assure compliance with the terms of this Order. Anyone performing sampling on behalf of the discharger shall be familiar with the sampling plan.
6. The discharger shall construct all monitoring wells to meet or exceed the standards stated in the State Department of Water Resources Bulletin 74-81 and subsequent revisions, and shall comply with the reporting provisions for wells required by Water Code Sections 13750 through 13755.22
D. Standard Conditions for Facilities Subject to California Code of Regulations, Title 23, Division 3, Chapter 15 (Chapter 15)
1. All classified waste management units shall be designed under the direct supervision of a California registered civil engineer or a California certified engineering geologist. Designs shall include a Construction Quality Assurance Plan, the purpose of which is to:
a. demonstrate that the waste management unit has been constructed according to the specifications and plans as approved by the Board. b. provide quality control on the materials and construction practices used to construct the waste management unit and prevent the use of inferior products and/or materials which do not meet the approved design plans or specifications.
2. Prior to the discharge of waste to any classified waste management unit, a California registered civil engineer or a California certified engineering geologist must certify that the waste management unit meets the construction or prescriptive standards and performance goals in Chapter 15, unless an engineered alternative has been approved by the Board. In the case of an engineered alternative, the registered civil engineer or certified engineering geologist must certify that the waste management unit has been constructed in accordance with Board-approved plans and specifications.
3. Materials used to construct liners shall have appropriate physical and chemical properties to ensure containment of discharged wastes over the operating life, closure, and post-closure maintenance period of the waste management units.
4. Closure of each waste management unit shall be performed under the direct supervision of a California registered civil engineer or California certified engineering geologist.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -7-
Waste Discharge to Land
E. Conditions Applicable to Discharge Facilities Exempted From Chapter 15 Under Section 2511
1. If the discharger's wastewater treatment plant is publicly owned or regulated by the Public Utilities Commission, it shall be supervised and operated by persons possessing certificates of appropriate grade according to California Code of Regulations, Title 23, Division 4, Chapter 14.
2. By-pass (the intentional diversion of waste streams from any portion of a treatment facility, except diversions designed to meet variable effluent limits) is prohibited. The Board may take enforcement action against the discharger for by-pass unless:
a. (1) By-pass was unavoidable to prevent loss of life, personal injury, or severe property damage. (Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a by-pass.
Severe property damage does not mean economic loss caused by delays in production); and
(2) There were no feasible alternatives to by-pass, such as the use of auxiliary treatment facilities or retention of untreated waste. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a by-pass that would otherwise occur during normal periods of equipment downtime or preventive maintenance; or
b. (1) by-pass is required for essential maintenance to assure efficient operation; and (2) neither effluent nor receiving water limitations are exceeded; and
(3) the discharger notifies the Board ten days in advance.
The permittee shall submit notice of an unanticipated by-pass as required in paragraph B.1. above.
3. A discharger that wishes to establish the affirmative defense of an upset (see definition in E.6 below) in an action brought for noncompliance shall demonstrate, through properly signed, contemporaneous operating logs, or other evidence, that:
a. an upset occurred and the cause(s) can be identified; STANDARD PROVISIONS AND REPORTING REQUIREMENTS -8-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
b. the permitted facility was being properly operated at the time of the upset;
c. the discharger
paragraph B.1.,
d. the discharger
waste discharge
submitted notice of the upset as required in
above; and
complied with any remedial measures required by
requirements.
In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset has the burden of proof.
4. A discharger whose waste flow has been increasing, or is projected to increase, shall estimate when flows will reach hydraulic and treatment capacities of its treatment, collection, and disposal facilities. The projections shall be made in January, based on the last three years' average dry weather flows, peak wet weather flows and total annual flows, as appropriate. When any projection shows that capacity of any part of the facilities may be exceeded in four years, the discharger shall notify the Board by 31 January.
5. Effluent samples shall be taken downstream of the last addition of wastes to the treatment or discharge works where a representative sample may be obtained prior to disposal. Samples shall be collected at such a point and in such a manner to ensure a representative sample of the discharge.
6. Definitions
a. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper action.
b. The monthly average discharge is the total discharge by volume during a calendar month divided by the number of days in the month that the facility was discharging. This number is to be reported in gallons per day or million gallons per day.
Where less than daily sampling is required by this Order, the monthly average shall be determined by the summation of all the measured discharges by the number of days during the month when the measurements were made.
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -9-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
c. The monthly average concentration
measurements made during the month.
The "daily maximum" discharge is the total
during any day.
The "daily maximum" concentration is the highest measurement made on any single discrete sample or composite sample.
d.
e.
is the arithmetic mean of
discharge by volume
f. A "grab" sample is any sample collected in less than 15 minutes.
Unless otherwise specified, a composite sample is a combination of individual samples collected over the specified sampling period; (1) at equal time intervals, with a maximum interval of one hour (2) at varying time intervals (average interval one hour or less) so that each sample represents an equal portion of the
cumulative flow.
g.
The duration of the sampling period shall be specified in the Monitoring and Reporting Program. The method of compositing shall be reported with the results.
7. Annual Pretreatment Report Requirements:
Applies to dischargers required to have a Pretreatment Program as stated in waste discharge requirements.)
The annual report shall be submitted by 28 February and include, but not be limited to, the following items:
a. A summary of analytical results from representative, flowproportioned, 24-hour composite sampling of the influent and effluent for those pollutants EPA has identified under Section 307(a) of the Clean Water Act which are known or suspected to be discharged by industrial users.
The discharger is not required to sample and analyze for asbestos until EPA promulgates an applicable analytical technique under 40 CFR (Code of Federal Regulations) Part 136. Sludge shall be sampled during the same 24-hour period and analyzed for the same pollutants as the influent and effluent sampling and analysis. The sludge analyzed shall be a composite sample of a minimum of 12 discrete samples taken at equal time intervals over the 24-hour period. Wastewater and sludge sampling and analysis shall be STANDARD PROVISIONS AND REPORTING REQUIREMENTS -10-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
performed at least annually. The discharger shall also provide any influent, effluent or sludge monitoring data for nonpriority pollutants which may be causing or contributing to Interference, Pass Through or adversely impacting sludge quality. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto.
b. A discussion of Upset, Interference, or Pass Through incidents, if any, at the treatment plant which the discharger knows or suspects were caused by industrial users of the system. The discussion shall include the reasons why the incidents occurred, the corrective actions taken and, if known, the name and address of the industrial user(s) responsible. The discussion shall also include a review of the applicable pollutant limitations to determine whether any additional limitations, or changes to existing requirements, may be necessary to prevent Pass Through, Interference, or noncompliance with sludge disposal requirements. c. The cumulative number of industrial users that the discharger has notified regarding Baseline Monitoring Reports and the cumulative number of industrial user responses.
d. An updated list of the discharger's industrial users including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The discharger shall provide a brief explanation for each deletion. The list shall identify the industrial users subject to federal categorical standards by specifying which set(s) of standards are applicable. The list shall indicate which categorical industries, or specific pollutants from each industry, are subject to local limitations that are more stringent than the federal categorical standards. The discharger shall also list the noncategorical industrial users that are subject only to local discharge limitations. The discharger shall characterize the compliance status through the year of record of each industrial user by employing the following descriptions:
(1) Complied with baseline monitoring report requirements (where applicable);
(2) Consistently achieved compliance;
(3) Inconsistently achieved compliance;
(4) Significantly violated applicable pretreatment requirements as defined by 40 CFR 403.8(f)(2)(vii);
Ask
STANDARD PROVISIONS AND REPORTING REQUIREMENTS -11-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
(5) Complied with schedule to achieve compliance (include the date final compliance is required);
(6) Did not achieve compliance and not on a compliance schedule; (7) Compliance status unknown.
A report describing the compliance status of any industrial user characterized by the descriptions in items (d)(3) through (d)(7) above shall be submitted quarterly from the annual report date to EPA and the Board. The report shall identify the specific compliance status of each such industrial user. This quarterly reporting requirement shall commence upon issuance of this Order. e. A summary of the inspection and sampling activities conducted by the discharger during the past year to gather information and data regarding the industrial users. The summary shall include but not be limited to, a tabulation of categories of dischargers that were inspected and sampled; how many and how often; and incidents of noncompliance detected.
f. A summary of the compliance and enforcement activities during the past year. The summary shall include the names and addresses of the industrial users affected by the following actions:
(1) Warning letters or notices of violation regarding the industrial user's apparent noncompliance with federal
categorical standards or local discharge limitations. For each industrial user, identify whether the apparent violation concerned the federal categorical standards or local discharge limitations;
(2) Administrative Orders regarding the industrial user's noncompliance with federal categorical standards or local discharge limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations;
(3) Civil actions regarding the industrial user's noncompliance with federal categorical standards or local discharge
limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations; STANDARD PROVISIONS AND REPORTING REQUIREMENTS -12-
Waste Discharge to Land
E. Dischargers Exempt from Chapter 15 (continued)
(4) Criminal actions regarding the industrial user's noncompliance with federal categorical standards or local discharge
limitations. For each industrial user, identify whether the violation concerned the federal categorical standards or local discharge limitations.
(5) Assessment of monetary penalties. For each industrial user identify the amount of the penalties;
(6) Restriction of flow to the treatment plant; or
(7) Disconnection from discharge to the treatment plant. g• A description of any significant changes in operating the pretreatment program which differ from the discharger's approved Pretreatment Program, including, but not limited to, changes concerning: the program's administrative structure; local industrial discharge limitations; monitoring program or monitoring frequencies; legal authority or enforcement policy; funding mechanisms; resource requirements; and staffing levels. h. A summary of the annual pretreatment budget, including the cost of pretreatment program functions and equipment purchases. i. A summary of public participation activities to involve and inform the public.
j. A description of any changes in sludge disposal methods and a discussion of any concerns not described elsewhere in the report.
Duplicate signed copies of these reports shall be submitted to the Board and:
Regional Administrator
U.S. Environmental Protection Agency W-5
75 Hawthorne Street
San Francisco, CA 94105
and
State Water Resources Control Board
Division of Water Quality
P.O. Box 944213
Sacramento, CA 94244-2130
Revised March 1993 to update phone number of Central Valley Regional Board.
EXHIBIT 2
1001 Galaxy Way
Suite 310
Concord CA 94520
925.949.5800 phone
530.756.5991 fax
westyost.com
September 22, 2022
Project No.: 988-50-22-02
SENT VIA: EMAIL
Mr. John Baum
Assistant Executive Officer
Central Valley Regional Water Quality Control Board
11020 Sun Center Drive, No. 200
Rancho Cordova, CA 95670
[email protected]
SUBJECT: City of Ione Acceptance of Secondary Effluent from Preston Reservoir into the City of Ione Tertiary Plant
Dear Mr. Baum:
This letter has been developed by West Yost on behalf of the City of Ione (City). The City received the Central Valley Regional Water Quality Control Board’s (Regional Board’s) September 9, 2022, letter, Subject: Preston Reservoir Capacity and Tertiary Plant Nuisance Conditions, City of Ione, Amador County Regional Outfall and Castle Oaks Golf Course and Development, Amador County. The City appreciates the Regional Boards consideration of the complex situation between the City and the Amador Regional Sanitation Authority (ARSA) that is outlined in this letter and the Regional Board’s agreement to suspend any enforcement related to nuisance odors. However, the City has several concerns related to the acceptance of wastewater from the ARSA’s Preston Reservoir into the City of Ione Tertiary Plant (Tertiary Plant) that are not adequately addressed by this letter1. These issues are as follows:
The letter understates the potential impacts to the City resulting from acceptance of ARSA flows,
The letter does not adequately acknowledge actions that must be taken by ARSA to address the regional discharge capacity issues both in the near and long-term, and The letter provides reporting expectations that require additional clarification from the Regional Board to ensure the City can satisfy the Regional Board’s request. 1 This letter is not intended to address any contractual dispute between the City and ARSA. Rather, the City seeks the Board’s support in addressing the immediate water quality issues arising from ARSA sending its effluent from Preston to the Tertiary Plant.
Mr. John Baum
September 22, 2022