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HomeMy WebLinkAbout2000-010 - 1 2 RESOLUTION NO. 2000-10 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO APPROVING A LICENSE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR RIGHT-OF-WAY FOR THE RAPID INFILTRATION/ 5 EXTRACTION FACILITY AND SANTA ANA REGIONAL INTERCEPTOR PIPELINES. 6 7 WHEREAS, the County of San Bernardino owns certain 8 property through which two pipelines traverse that are owned by 9 the Santa Ana Watershed Project Authority for the Santa Ana 10 Regional Interceptor, and the cities of San Bernardino and 11 Colton for a pipeline to transport secondary wastewater to the 12 Rapid Infiltration/Extraction Facility; and, 13 WHEREAS, the County of San Bernardino has agreed to issue 14 a fifty-year license to the City of San Bernardino, the City of 15 San Bernardino Municipal Water Department, the City of Colton, 16 and the Santa Ana Watershed Project Authority for right-of-way 17 across the County's property. 18 NOW THEREFORE BE IT RESOLVED that the City of San 19 Bernardino enter into and approve a License Agreement with the 20 County of San Bernardino, which License Agreement is attached 21 hereto as Exhibit "A" and incorporated herein by reference. 22 I HEREBY CERTIFY THAT THE FOREGOING resolution was duly 23 adopted by the Mayor and Common Council of the City of San 24 Bernardino at a joint regular meeting thereof held on the 2000, by the following vote, 25 24th day of January 26 to wit: 27 / / / / / 28 / / / / / 1/24/00 -1- - 2000-10 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LICENSE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR RIGHT-OF-WAY FOR THE RAPID 2 INFILTRATION/ EXTRACTION FACILITY AND SANTA ANA REGIONAL INTERCEPTOR PIPELINES. 3 4 COUNCIL MEMBER AYES NAYES ABSTAIN ABSENT ESTRADA X LIEN X MCGINNIS X SCHNETZ X SUAREZ X ANDERSON X MILLER X 5 6 7 8 9 10 11 12 G{~/;J.~ Rachel G. Clark, City Clerk 13 14 15 The foregoing resolution is hereby approved this ~~ day 16 of , 2000. ~~r~ January 17 18 Gordon McGinnis Mayor Pro Tem 19 20 APPROVED AS TO FORM AND 21 LEGAL CONTENT: 22 JAMES F. PENMAN City Attorney 23 n 24 By: 25 26 27 28 1/24/00 -2- 2000-10 825 EastThird Street. San 8ernardino, CA 92415-0832 . Fax (909) 387-2779 Administration (909) 387-2769 Properly Management (909) 387.2767/2793 Right-of-Way (909) 387.2764/2766 ,--5' ~ >>Ji i~~~~ ~. ~ COUNTY OF SAN 8ERNAROINO INTERNAL SERVICES GROUP REAL ESTATE SERVICES DEPARTMENT MANUELAHUERO Director \1arch 8, 2000 '.,J ?=--:',--=-.. -~ Santa Ana Watershed Project Authority 11615 Sterling Avenue Riwrside, eA 92503 J Attention: Lee Slate Dear Sirs: Re: Colton/San Bernardino - Flood Control District - RIX/SARI Pipeline License Agreement - License Agreement :\0. 2000-117 On February 29. 2000. the Board of Super\isors approved the license agreement on the abo\e-referenced property, Enclosed are four executed copies of the license for your file and distribution to the cities of Colton and San Bernardino. If)ou haw any questions, please call me at (909) 387-2793. Very truly yours, /" I I '-. ,'~ ,- :,. .-..... Janet Lowe Real Property Agent JL:mm Enclosure cc: Glen Pruim. FeD , SL-1J2 ._){ji/i /r-;r #.-.~ c_ ,f .....,. , /0. DATE: FROM: TO: 2000-10 INTEROFFICE MEMO March 8, 2000 PHO:\E 387-2793 \~ "~!Ii-: .-----~NT.,:- t..GBLRMi~ '.,~~;!, / \~.l . J /' " / '''"':Y ~d '.j'l JA:\ET LOWE, Real Property Agent \' ~lAIL CODE 0832 Real Estate Services Department GLE:\ PRlT\I, Chief Flood Control District SUBJECT: COL TO:"l/SA.'I' BER.'I'ARDINO - FLOOD CONTROL DISTRICT - RIXJSARI PIPELINE LICENSE AGREEMENT NO. 2000-117 Attached is a copy of subject license agreement for your action and file and a copy of the executed grant deed that provides for transfer of the 1.79 acre piece of land being utilized by the DISTRlCT. As soon as the grant deed is recorded by my office, it will be forwarded to you. If you have any questions, please do not hesitate to call me. JL:mm Attachment cc: Lee Slate - SA WP A SL-l 2000-10 - When Recorded Mail to: San Bernardino County Flood Control District 825 E. Third Street San Bernardino, Ca 92415-0835 A TTN: R/W Engineer Mail Tax Bill To: Same as above Parcel No.: 62 GRANT DEED Deed Plat No.: 2.700/60 Doc#: 20956/01005 APN: 260-081-01(ptn) Date: JULY 30.1996 Project: SANTA ANA RIVER SYS. Dept. Code: 11600 FORA VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, SANTA ANA WATERSHED PROJECT AUTHORITY hereby GRANTS to the San Bernardino County Flood Control District, a body corporate and politic, the following described property in the City of Colton, County of San Bernardino, State of California: SEE A TT ACHED EXHIBIT" A" SANTA ANA WATERSHED ROJECT A UTE Date: By: Date: By . 2000-10 ~ EXHIBIT "A" A portion of that part of Lot 39, according to Map of Subdivision of the Bandini Donation, as per plat recorded in Book 3 of Maps, page 24, Official Records of San Bernardino County, said part described in document recorded July 17, 1990, as Instrument Number 90-279359, Official Records of said County, said part shown on Record of Survey recorded in Book 100, page 24 of Records of Surveys of said County, said portion being all of said part lying within a 1030.00 foot wide strip of land being 505.00 feet Northerly from and 525.00 feet Southerly from the following described line: BEGINNING at a point in the Westerly line of Rancho San Bernardino as per plat recorded in Book 7 of Maps, page 2, records of said County, distant North 19036'20" West along said Westerly line, 2083.09 feet from a one-inch pipe marking that certain corner of said Rancho San Bernardino commonly known as R.S.B. No.2: Thence Northwesterly 902.41 feet along a non- tangent curve, concave to the Northeast. having a radius of 2000.00 feet and a central angle of 25051 '08", the beginning tangent thereof bearing North 84006' 56" West; Thence North 58015' 48" West. 1542.71 feet; Thence Westerly 5321.53 feet along a tangent curve, concave to the South having a radius of 2950.00 feet and a central angle of 103021 '22": Thence South 18022'50" West, 2713.73 feet; Thence Southwesterly 1534.19 feet along a tangent curve, concave to the Northwest. having a radius of 5000.00 feet and a central angle of 17034'50"; Thence South 35057' 40" West. 3253.02 feet to the point of termination in the centerline of Riverside - Rialto Road (a 66.00 foot wide street), distant along said centerline South 12057'07" East. 4753.39 feet from the intersection thereof with the centerline of Agua Mansa Road (a 60.00 foot wide street). The outside boundaries of said 1030.00 foot wide strip shall be prolonged or shortened as necessary to begin and end in the same lines as said centerline begins and ends. Containing 1.79 Acres more or less. ~71~t'V~ Santa Ana River Parcel 62 APN 260-081-01 (PTN) 20956/01005 June 30, 1996 Scal", I'fo 600' , ! I I /. ! 2000-10 .....:.... ....... .' " .. . Of ..' '. ..... ....:.'..~ 0....' . . " ,/ , I 1.0/- ~ I / "- "- .... / / See dsc.oR 2.700/14 III LIIlM /lIe I R.A. (,-ILICE EPWIN, \ , . , ,~~ """, /If) ~,_ /rt- yt: .;...... !/ ' . / A. ........... ~..~ ,--,' .'!lV --!... i A.. ! ........ / I>) , ---......" Ijo !. '10 , '1" ! ' I q ",.'. .-.". . .....' .... :::.:-;. ..... .~. . . . ..' " ,', .. '. f" . '.: I. ,",:' . ", . ,'. :'" ."" - ".,.., " 0- :/:. " :'i ""j , / ; /,\OST SLy COA.. ~C, 3/ I . II" ,,">1. <:) 111;,"1 k'f'v 'iiI''\, SG5', !~ 7~ ......-..P. 1\ 0\9 <1) \I IV 1),,' ....... ....., .,>~/~ 39 o ... / :?~ 4 ~ ~/ \'J \ \1 I',' .. \ .Y ~ Ilj'/ .~ ^~/ '" {l" ~\ '" ~ '. .,~ ~I s~ . 'v /'<; }/c8!:- ~O,' 0' 'VI '" v .." .~ ~ i t? ,v .1/ /1{'~0' <; . I , . ~ / 0/ ...0/ 2000-10 See O'Isc i2P 2700/14 //7 LJ/Jt?/l /i/e! ~ "'. ..:-'.':: ;'0 'q"- " ~11~~, , ~ ........... ^.f!J f.- '-. " ~. .? ~~ 'v ~ / q' .....,...:.:.... ,:,:",: . ..:>:':"~ \';: . . . ,'. ~'.: .' " ~. .~. I . ". : ,'"t'.:-.;' ........' . :, ',',. '-. ~ .>ey.......... ""--3//398, \iU SC~/e /'f:. 600' ,~:'..:;.,- / .~.: ~/ '" / "- "- , ,*,~ IIJ<I"56''?O)v.7c..5.5' ~i'''' r;N.,55"O.3'~(.:rE'/J93' ~'Q; -- -- -t--~~"!~.s:, I 67:25. / // / V ;' ", ';/ :'~'-.. /~ \~ / // ~~f(;:", ,1/ /,..1- ,It ~\ '( Dc'' o~ ,0 %\. \ ,/:n~~?~ ..~ Y/, ,?~~ ~ ~~: ~/ "'-, /'~ ~ ~ -~'<l: ~\~\~ SANlA ANA /?/VEP Por. <./VPUP.4, PANCHO SAN BERNARDINO COUN:rY FLOOD CONTROL DISTRICT REVISIONS OWN. BY &. 8:." b/:-. elll,/,~I..j ~ DATE 9-4-63 ....- :;" FILE NO. -- '. . 2.700//2 2000-10 ~ I~)" ~(' ~, 0" q; <-) / (!.) ({? SEE D.P. 2.10.0./60. I @ \ \ , ...... ' ~a ...... 6, \ \ \ \ \ \ \ \J :Q t/ o.R,7~ I dl ...>. \ ~56 ~ \ 3./7 /7'15 I \I) Ii? I \. "1C:t F-- i I ~ ~ \ \I) I ___ I . \ ev '----. [l \. \t! ,:::: I : \ '" I ",' I ci \ I iiJ I~ ",'\D\/\?>\ IW \ I I 0"" ",I^""- / 0 \ ,\\.0 / y: o \. / ~..:;.~ l ..... .R. '1135 \ 1 / I 'V ~ l' /.~6 '/1-269 \/ / --::::, 0) \' / I' ...-r- / '( \"",_' I "'c~ / ~ _'\ "_I \ 1 \ / l't <; C(' 1 I \ ..............v I / ~J:.)--' 1--" /", ;' / /----. I v:: C) I {s.s c:C'~ \ :S'S?6' j' / I / "',:?i'>'\'> \ ~&CJ, I ~ I '\ 6,. "\ C), 1 1 %' .ft [q' \. ~ / tv.........) \/ I eve."" 1 0'" -...!::, _ 505 t: ""J ~ 1--", I 00 U).J ..,'l"" 1 ' I ..,:>, / 0/'" I / \ "'C/"':>>" rva / ">y, "- i::; '" I o j!) Ii 'S- i\). I t:". I <0 I I^"~OO / If) ry , ",0.. '}.- ~\'?) <'a. I, I \. <)fi,o'O '0.0.' / f) I!<J "".,0' v:: .. '----,1'" /1 ii)&- t--:. .. "~/ ./ I ~r:: <',I Scale 11"=200' ~)>! 1 [fl--'" ,,,,- / ~ > I ';E (f) , '/ / I'vSI&' -... ~ ~o~..5' " "s....' ~ Most Southerl~ Corner of S/', Intstrument No. gQ-21g35<1, QR 'Y @ NOO.OI'2C1'E <=11.15' '" "I;' 'l/ R;I50DO' L ;4604/)'50' L;122.56 :S:;, (()' \ ~)> -.::s; :5) Y ~' ~ (() ~ ~ (/)' (L..' <, \ \ \ \ @ @ / 1 / / / / / / \" " , rPc;M ~ Por, BANDINI DONATION Book:3 of Maps, page 24 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS OWN BY OA TE LS 7-1t}-'16 FILE NO. 2.100/60 SANTA ANA llUVER 2000-10 ~ /~) \:->( "" ~ '\ \/> C)"> ( 1/ ~) ) 1-:) t{? I @ \ \ \ \ \, NOO.OI'2'1"E '11.15' '" '\ V\ (1/ tI12026'11"j I ~~d,' ~ \ R=341S.o0' I , ('()' t, =00'10'41" ' (~ L=IO.'10' , III -..::s; , ",7 ~' cY ,I I II~ol I '.j' (() ") >':; I. I I 1 @ }; I &- I 1- rv I (f) (/)' o,f;( 755 ry' I, \, orv / IOJ 3./7 6/795 r- \ ,,{ ILIl {)..,' \ -"Ic.:t fil / I~ <., \, " \ 1/)1 :-----. I. !;ji I [f) \ F:: 1 . ~ @ \ ~ I 8 let , \ I~ '\ \ , \ I \, O.f;(. 9/3 \, / ~+'v , \ I 0- ~ 1.:26 5/1:269 \,1 /1 \ -"Ic.:t / \, I / I)... I I \ / I~ '\ , ."t;.,S.... " , I ........V 1 /--......... , SEE D.P. 2.100/60 \ \ R=I50.00' t, =46'48'50" L=122.56 , \ \, \ \ \ \ \ 1/ 121 0)2-. '?t"-6'>j 0 'I \ .0 :;:: -kJ -:::::; \Q "5(13 05 ~/[~ 1 C) 2000-10 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 2000-117 February 29, 2000 FROM: MANUEL AHUERO, Director Real Estate Services Department SUBJECT: LICENSE AGREEMENT FaR FLOOD CONTROL DISTRICT LAND IN COLTON AND SAN BERNARDINO RECOMMENDATION: 1. Acting as the governing body of the San Bernardino County Flood Control District ("DISTRICT'), approve the license agreement with Santa Ana Watershed Project Authority (SAWPA), the City of San Bernardino, City of San Bernardino Municipal Water District and the City of Coiton for use of approximately 7.1 acres of DISTRICT's right-of-way in Rialto Channel, Twin Creek Channel, Warm Creek, Santa Ana River and Rancho Avenue Storm Drain in the cities of Colton and San Bernardino. 2. Acting as the governing body of the DISTRICT, authorize Real Estate Services Department Property Manager, on behalf of the DISTRICT, to accept the interest in a 1.79 acre parcel described in the deed in lieu of license fees under the license agreement. BACKGROUND INFORMATION: On July 15, 1994, the DISTRICT issued a permit to SAWPA for the construction of a 36" Rapid Infiltration Extraction (RIX) pipeline and a 54" Santa Ana Regional Interceptor (SARI) pipeline along the DISTRICT's right-of-way in the Rialto Channel, Twin Creek Channel, Warm Creek, Santa Ana River and Rancho Avenue Storm Drain in the cities of Colton and San Bernardino. SAWPA is the owner of the SARI pipeline and is the representative for the cities of San Bernardino and Colton for the construction of the RIX pipeline. The piplines are located in a adjacent 15 foot wide by 20,606 foot long strip of land adjacent to the DISTRICT's right-of-way. The pipelines became operational March 1, 1996. SAWPA and the cities, (collectiveiy "Licensee") agreed to enter into a license agreement with the DISTRICT that sets forth their obligations to operate and maintain the RIX/SARI pipelines on the DISTRICT's right-of-way. Real Estate Services Department (RESD) negotiated a 50 year license agreement with two (2) ten-year options to extend the term of the license. The agreement provides for joint use of the land by the DISTRICT and Licensee. The Licensee is required to maintain its facilities, provide annual inspection reports to the DISTRICT, indemnification and adequate insurance for its facilities. In lieu of license fees for the agreement, SAWPA proposed to transfer title to a 1.79 acre of land owned by SAWPA and being utilized by the DISTRICT. RESD determined the value of the parcel is just compensation for the Licensee's use of DISTRICT's property under the license agreement. REVIEW BY OTHERS: This license agreement has been reviewed by the DISTRICT and Risk Management: and approved as to legal form by Deputy County Counsel Charles S. Scolastico on February 10, 1999, FINANCIAL IMPACT: In lieu of license fees, SAWPA will transfer title to 1.79 acres to DISTRICT. SUPERVISORIAL DISTRICT: 5 PRESENTER: Manuel Ahuero EA BY Record of Action of the Board of Supervisors AGREEMENT 2000-117 APPRO~ >. . "OF SUPERVISORS cdUNTY Of.' S).N' NARDI NO /,.. "-.l.--',,Ii>--.(} s~Nri,</ AYE "f'-' ..2 ! ~ \ ',... . ~p~ T,'/;~ ' ., ,-', AYE 4 MOVE 5 cc: RES w/agree. 4) Contractors w/agree. c/o RE Auditor w/agree. SBD w/agree, FeD - G. Pruim w/agree. Trans/FCD - Ken Miller Risk Mgmt. ISG ED/PSG File w/agree. MOTION Rev 07/97 - i I ~'-i nn ITEM 053 E X New V codor Code Dept. Contract Number M Change ~C A 2000-117 X Cancel County Department Dept. Orgo. Contractor's License No. San Bernardino County Flood Control District County Department Contract Representative Ph. Ext. Amount of Contract Glen Pruim, Chief 387-2633 Fund Dept. Organization Appr. Obj/Rcv Source Activity GRC/PROJ/JOB Number. FL2401 , Commodity Code Estimated Payment Total by Fiscal Year FY Amount lID FY Amount liD Project Name - - COLTON/SAN - - BERNARDINO. SAWPA - - 2000-10 FOR COUNTY USE ONLY SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS CONTRACT TRANSMITTAL SANTA ANA WATERSHED PROJECT AUTHORITY, CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND CITY OF COLTON CONTRACTOR FederallD No, or Social Security No. Birth Date Contractor's Represenlative Lee E. Slate Address 11615 Sterling Avenue, Riverside, CA 92503 Phone (909) 785-541 I Nature of Contract: (Briefly describe the general terms of the contract) This license is a 50-year agreement for the use of approximately 7.1 acres of District's right-of-way for a pipeline in the Rialto Channel, Twin Creek Channel, CIE, Warm Creek, CIE, Santa Ana River and Rancho Avenue Storm Drain in the cities of Colton and San Bernardino. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing ~ SEESIGNATUREPAGE County Counsel ~ ~ Agency Administrator/CAO Date Date Date 2000-10 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT LICENSE AGREEMENT LICENSEE: Santa Ana Watershed Project Authority 11615 Sterling Avenue Riverside, CA 92503 City of Colton 650 N. La Cadena Drive Colton, CA 92324 City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 City of San Bernardino Municipal Water Department P.O. Box 710 San Bernardino, CA 92402 DISTRICT: San Bernardino County Flood Control District 825 East Third Street San Bernardino, CA 92415-0835 PREMISES: A strip of District's right-of-way 15 foot wide by 20,606 feet long located along the Rialto Channel, Twin Creek Channel, C/E, Warm Creek, C/E, Santa Ana Riyer and Rancho Avenue Storm Drain in the cities of Colton and San Bernardino. TERM OF LICENSE: Fifty (50) years with two (2) ten-year options. COMMENCEMENT DATE OF LICENSE: March I, 1996 SAN BERNARDINO CO. FLOOD CONTROL DISTRICT CONTRACT NO. REV. 10/10/97 TYPED: 02/04/99 2000-10 TABLE OF CONTENTS PARAGRAPH CAPTION PAGE I USE I 2 TERM I , OPTION TO EXTEND TERM I ~ 4 FEES 2 5 ACCEPTANCE OF PREMISES 2 6 ASSIGNMENT 2 7 DISTRICT'S ACCESS TO PREMISES 2 8 MAINTENANCElREP AIRS 2 9 RELOCATION , ~ 10 HAZARDOUS MATERIALS , ~ II IMPROVEMENTS 5 12 DEFAULT AND RIGHT TO TERMINATE 5 13 HOLDING OVER 6 14 LICENSES AND CERTIFICATIONS 7 15 INSURANCE REQUIREMENTS 7 16 HOLD HARMLESS 8 17 TAXES, ASSESSMENTS AND LICENSES 9 18 COMPLIANCE WITH LAW 9 19 GENERAL COVENANTS AND AGREEMENTS 9 20 INCORPORATION OF PRIOR AGREEMENT 10 21 WAIVERS 10 22 AMENDMENTS 10 23 SUCCESSORS 10 24 PROVISIONS ARE COVENANTS AND CONDITIONS 10 25 CONSENT 10 26 EXHIBITS 10 27 LAW 10 28 CAPTIONS AND COVER PAGE 10 29 SEVERANCE 10 30 NOTICES 11 31 SURVIVAL 12 Exhibit" I" Permit No. P-293065 Exhibit "2" Insurance Exhibit "3" Hazardous Substances Exhibit "4" Transfer Property Deed 2000-10 LICENSE AGREEMENT This license agreement is made and entered into by and between the San Bernardino County Flood Control District, a body politic and corporate, ("DISTRICT") and Santa Ana Watershed Project Authority ("SA WP A"), a joint power public agency, City of San Bernardino, a municipal corporation, ("San Bernardino"), City of San Bernardino Municipal Water Department, acting by and through its Board of Water Commissioners ("San Bernardino Water") and the City of Colton, a municipal corporation ("Colton"), (collectively and severally "LICENSEE"). WITNESSETH WHEREAS, the LICENSEE intends to construct a Rapid Infiltration Extraction/Santa Ana Regional Interceptor (RIX/SARI) pipeline along DISTRICT's right-of-way for Rialto Channel, Twin Creek Channel, CIE, Warm Creek, CIE, Santa Ana River and Rancho Avenue Storm Drain in the cities of Colton and San Bernardino, California, under Permit No. P-293065 issued by DISTRICT to LICENSEE and attached as Exhibit" I" and incorporated herein by reference; and, WHEREAS, DISTRICT and LICENSEE now desire to enter into a license agreement for the use of the property; and, NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree to the following: In consideration of the covenants and agreements hereinafter contained being fully kept and performed, and in consideration of the benefits to be derived by each party, DISTRICT does hereby grant to LICENSEE a non-exclusive license for all of that certain real property situated in the cities of Colton and San Bernardino, County of San Bernardino, State of California, said property described as a fifteen foot wide by 20,606 feet along strip of property more fully described in Exhibit" I" the ("Premises"). COVENANTS AND AGREEMENTS: L USE: The DISTRICT grants a license for the above-described property to LICENSEE for the purpose of operating and maintaining a RIX/SARI pipeline (LICENSEE'S "FACILITIES"). This license and the rights herein granted to LICENSEE shall be subject to the paramount legal duties and obligations of DISTRICT pursuant to the San Bernardino County Flood Control Act of 1939. 2. TERM: The term of said license shall be fifty (50) years duration commencing March I, 1996 and terminating February 28, 2046, unless sooner terminated or extended by the parties. 3. OPTION TO EXTEND TERM: DISTRICT gives LICENSEE the option to extend the term of the license on the same provisions and conditions, except for the annual fee, for two (2) ten-year periods ("extended terms") following expiration of the initial term, provided that at the time of exercise of the applicable option, LICENSEE is not in default with respect to any of the terms, covenants or conditions to be observed or performed by LICENSEE hereunder, by LICENSEE giving written notice of exercise of the option to DISTRICT at least one (I) year, but not more than eighteen (18) months, prior to the expiration of the preceding term. Said options shall be deemed to be independent and consecutive, with LICENSEE's right 2000-10 to exercise the second of said options tenninating upon LICENSEE's failure to exercise the first option. The annual fee for each extended term shall be renegotiated by good faith negotiation of the parties to the fair market rent for comparable properties in San Bernardino County. 4. FEES: In lieu of paying fees by LICENSEE to DISTRICT for this license agreement, LICENSEE agrees to transfer title to DISTRICT of the real property consisting of 1. 79 acres more or less located at the west side of the Santa Ana River southeasterly of the intersection of Riverside A venue and Agna Mansa Road in Colton, California (the "transfer property") said grant deed attached as Exhibit "4". DISTRICT and LICENSEE agree the value of the transferred property is equal to the fees due under this license agreement and is payment in full by LICENSEE to DISTRICT. LICENSEE agrees to execute the deed upon execution of this license agreement. 5. ACCEPTANCE OF PREMISES: Upon the acceptance of the possession and occupancy of the Premises by LI~ENSEE, the same shall conclusively be deemed to be fit and proper for the purposes for which the same is hereby let and to be used with LICENSEE's acknowledgement, acceptance and understanding that the Premises will be within a flood prone area which could result in severe losses in the event of major storms. 6. ASSIGNMENT: This license shall not be assigned without the express written approval of the DISTRICT. 7. DISTRICT'S ACCESS TO PREMISES: A. DISTRICT, or a duly authorized representative of the DISTRICT, reserves the right to enter upon the property at any reasonable time for the purpose of inspecting the property for conformance to license provisions and for carrying out any routine and emergency maintenance or construction repair work on the San Bernardino County Flood Control District's facilities that DISTRICT may deem expedient nor shall said DISTRICT be liable for damages to LICENSEE's improvements as a result thereof except in non-emergency instances where DISTRICT has acted negligently. B. DISTRICT's activities shall take precedence at all times, and when any work or activity must be performed to carry out the functions and purposes of the DISTRICT, LICENSEE must allow same to be done without interference. DISTRICT shall give LICENSEE reasonable notice of impending activities whenever possible. 8. MAINTENANCE/REPAIRS: A. The DISTRICT's maintenance roads will be available for normal and routine maintenance of the LICENSEE's facilities by LICENSEE. Maintenance of corridor installation will be the responsibility of the LICENSEE and periodic inspections will be required by the DISTRICT. Any damage to DISTRICT's facilities or facilities of others resulting from said maintenance activities shall be the responsibility of LICENSEE. If an installation becomes a hazard to DISTRICT's facilities or other users of operating right-of- way, the LICENSEE will be required to eliminate the hazard. Should maintenance activities be required during the period October 15 to April 15, work shall be undertaken within a five (5) day clear weather forecast. LICENSEE shall maintain or provide for flood watch when storm conditions threaten and have 2 2000-10 personnel and equipment available on a 24-hour schedule. LICENSEE shall notifY DISTRICT in advance of its intention to make major repairs subject to DISTRICT's inspection and fees pursuant to the current fee schedule. B. LICENSEE shall have ten (10) days after notice from DISTRICT to commence to perform its obligation under this paragraph, except that LICENSEE shall perform its obligations immediately if the nature of the problem presents a hazard or emergency. If LICENSEE does not perform its obligations within the time limitations in this paragraph, DISTRICT can perform the obligations and has the right to be reimbursed for the sum it actually expends in the performance of LICENSEE's obligations. Any notice or demand provided by the paragraph may be made orally by telephone or otherwise, provided that written confirmation is given within five (5) days after the oral notice or demand is made. Such confirmation shall be made as provided in Paragraph 30, "NOTICES." C. LICENSEE shall provide DISTRICT with an annual inspection report within thirty (30) days of the end of each license year indicating the date the LICENSEE's FACILITIES have been inspected for each location and verifYing that no clogs or leaks have been noted and that LICENSEE's FACILITIES are in good operating order. 9. RELOCATION: A. When LICENSEE's facilities require relocation or protection because of DISTRICT's construction, the work shall be performed by the LICENSEE at its expense and whenever possible in advance of DISTRICT's work. The DISTRICT shall not unreasonably require the LICENSEE's FACILITIES to be relocated. B. The DISTRICT has fee title to the right-of-way. The DISTRICT reserves the right to allow other uses of the right-of-way. These additional uses may require relocation or protection of existing facilities owned by LICENSEE. Relocation and protection of existing facilities owned by LICENSEE shall require the approval of LICENSEE. The cost of the relocation or protective work shall be the responsibility of the new applicant. 10. HAZARDOUS MATERIALS: A. Definition. For purposes of this agreement, the term "Hazardous Substance" means any (a) substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 US.c. Section 9601, eq seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.c. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 US.C. Section 6901 ~ ("RCRA"); Toxic Substances Control Act, 15 US.C. Sections 2601 et seq.; the Clean Water Act, 33 US.C. Sections 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Sections 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5~; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous Materials Response Plans and Inventory); or the 3 2000-10 California Porter-Cologne Water Quality Control Act, Water Code Sections 1300 et seq, all as amended, (the above-cited California state statutes are hereinafter collectively referred to as "the State Toxic Substances Laws") or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court, (c) petroleum or crude oil other than petroleum and petroleum products contained within regularly operated motor vehicles, and (d) asbestos. B. In connection with the license of the property by LICENSEE, (a) LICENSEE agrees and acknowledges that it has had an opportunity to investigate the property and its environs for the presence of any hazardous substance; (b) any and all reports, studies, analyses, estimates, maps, drawings, materials, etc. delivered by DISTRICT to LICENSEE preceding execution of this license are delivered to LICENSEE as an accommodation and not with the intent that such items be relied upon by LICENSEE, except to the extent that LICENSEE has independently confirmed the validity of such items; and (c) LICENSEE's decision to enter into this license is based upon the investigation, study and analysis of the property made by LICENSEE or its agents and/or independent contractors, and not upon oral or written statements or representations of DISTRICT. It is expressly understood by LICENSEE and DISTRICT that all statements and representations made by DISTRICT which are not included in this agreement (a) are intended by DISTRICT to be made as an accommodation to LICENSEE in DISTRICT's investigation and not in lieu of LICENSEE's investigation; and (b) are not to be relied and acted upon by LICENSEE. C. Except as properly permitted and regulated by applicable National Pollution Discharge Elimination System permits and SA WP A Discharge Ordinance, LICENSEE shall not permit, authorize, or suffer at any time herein relevant the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the property of any hazardous substance, or the transportation to or from the property of any hazardous substance. D. Except as prohibited by law, LICENSEE agrees, in addition to those obligations imposed upon it pursuant to Paragraph 16, "HOLD HARMLESS", herein, to indemnifY, defend with counsel acceptable to DISTRICT, protect and herein hold harmless DISTRICT, its directors, officers, employees, agents, assigns, any successor or successors to DISTRICT's interest in the property from and against all claims, actual damages (including but not limited to special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses of any kind whatsoever paid, incurred or suffered by, or asserted against, the property or any indemnified party directly or indirectly arising from or attributable to (a) any breach by the LICENSEE or any of its agreements, warranties or representations set forth in this license, or (b) any repair, cleanup or detoxification, or preparation and implementation by LICENSEE of any removal, remedial, response, closure or other plan concerning any hazardous substance on, under or about the property, regardless of whether undertaken due to governmental action. E. Without limiting the generality of this indemnity, this indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 US.C. Section 9607 (e) and California Health and 4 2000-10 Safety Code Section 25364 to insure, protect, hold harmless and indemnifY DISTRICT for any liability pursuant to such sections. II. IMPROVEMENTS: All improvements to the Premises that are directly related to the operation and maintenance of a RIX/SARI pipeline shall remain the property of LICENSEE. Upon termination of this license or any extension or renewal thereof, and the faithful performance of each and all of the terms, covenants and conditions thereof, the LICENSEE shall have the right to remove improvements directly related to the operation and maintenance of a RIX/SARI pipeline, and shall have a period of six (6) months, after such termination, within which to complete the removal of these items. Upon such termination, if the LICENSEE does not elect to exercise such right, DISTRICT shall either require LICENSEE, at LICENSEE'S expense, to remove all such items, or elect to retake possession of the Premises together with all such items which shall thereupon become the property of the DISTRICT. 12. DEFAULT AND RIGHT TO TERMINATE: A. If there should be any default in payment by LICENSEE of the fee provided herein, DISTRICT may give LICENSEE written notice of such default. This license will not be terminated if within thirty (30) days after receipt of such written notice the LICENSEE shall cure the default or breach. B. If LICENSEE should fail to perform, keep or observe any of the terms, conditions or covenants as set forth in this license, other than payment of fees as provided hereinabove, DISTRICT may give LICENSEE written notice to correct such condition and upon failure thereafter to cure the default by LICENSEE, DISTRICT shall cure the default at the expense of LICENSEE . I. This license will not be terminated if within sixty (60) days after receipt of such written notice, the LICENSEE shall cure the condition or default. 2. If such condition or default should continue for sixty (60) days after receipt of written notice of default, DISTRICT may at its option elect to terminate this license. Such election to terminate shall not be construed as a waiver of any claim the DISTRICT may have against LICENSEE, consistent with such termination. 3. If, however, LICENSEE shall have commenced the elimination of such default within thirty (30) days after receipt of such notice and shall continuously and diligently proceed in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. C. If, however, in the sole discretion of DISTRICT, the problem represents a hazard or emergency or if a regulatory agency having jurisdiction deems that the matter shall be performed in a shorter time frame than that provided in Paragraph 12B(l) & (2) above, LICENSEE shall perform its obligations immediately. If LICENSEE fails to perform its obligations immediately, DISTRICT may perform the obligations and have the right to be reimbursed for the sum it actually expends in the performance of LICENSEE's obligations. 5 2000-10 D. Upon any termination of this license, LICENSEE covenants and agrees to surrender and to forfeit this license, and deliver up the Premises peaceably to the DISTRICT immediately upon any such termination. If said LICENSEE shall remain in possession of said Premises after any termination of this license, said LICENSEE shall be deemed guilty of an unlawful detention of the Premises and shall be subject to eviction and removal, forcibly or otherwise, at any1ime thereafter, with or without process of law. In the event of the failure of LICENSEE to remove personal property, machinery or fixtures, if any, belonging to it from the Premises immediately upon any termination of this license, DISTRICT may remove such personal property and place the same in storage at the expense of LICENSEE and without liability to DISTRICT for loss thereof. LICENSEE agrees to pay DISTRICT on demand all expenses incurred in such removal, including court costs' and attorney's fees and storage charges; or DISTRICT may at its option without notice sell all or any part of said personal property at public or private sale for such prices as DISTRICT may obtain, and apply the proceeds of such sale upon any amounts due under this license from LICENSEE and to any expense incidental to the removal and sale of said personal property, with the surplus, if any, being refunded to LICENSEE. E. The receipt by the DISTRICT of any fees or of any other sum of money paid by LICENSEE after any default, the termination and forfeiture of this license for any reason, or after the giving by DISTRICT of any notice to effect such termination, shall not waive the default, reinstate, continue or extend the term of this LICENSE, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by DISTRICT to the LICENSEE prior to the receipt of any such sum of money or other consideration, unless so agreed to be in writing and signed by DISTRICT. Any act of the DISTRICT or its agents or employees during the term of this license shall not be deemed to be an acceptance or a surrender of said Premises, excepting an agreement in writing signed by the DISTRICT agreeing to accept such surrender. 13. HOLDING OVER: Ifthe LICENSEE continues in possession of the Premises after the expiration of the term or after any termination of this license prior to the expiration of the term, and if said occupancy is with the consent of the DISTRICT, then LICENSEE shall be deemed to be holding the property on a year-to- year basis subject to all the provisions of this license, and the annual fee payable during such period of holding over shall be the same as the annual fee most recently payable prior to the date such holding over was commenced. 14. LICENSES AND CERTIFICATIONS: LICENSEE agrees that it will acquire and maintain those certifications, licenses, approvals and permits required by any Federal, State or local jurisdiction or authority for carrying out the purpose of this license. Failure to comply with this provision will constitute a default and right to terminate by DISTRICT under Paragraph 12, "DEFAULT AND RIGHT TO TERMINATE," of this license. 15. INSURANCE REQUIREMENTS: A. DISTRICT is a public entity and is self-insured. B. Without in any way affecting the indemnity herein provided, and in addition thereto, the LICENSEE shall secure and maintain throughout the lease the following types of insurance with limits as shown. 6 2000-10 1. Comprehensive General and Automobile Liability Insurance. This coverage is to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than One Million and 0011 00 Dollars ($1,000,000.00). This policy or other insurance must include coverage for loss or damage from explosion, eollapse, water damage and underground hazards. 2. Workers' Compensation Insurance. A program of workers' compensation insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability Insurance with Two Hundred Fifty Thousand and 001100 Dollars (5250,000.00) limits, covering all persons providing services on behalf of the LICENSEE and all risks to such persons under this agreement. 3. Environmental Liability Insurance. This insurance shall have a combined single limit of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence. C. Additional Named Insured: All policies, except for the Workers' Compensation, shall contain additional endorsements naming the San Bernardino County Flood Control District (a separate, legal public entity) and the County of San Bernardino (a separate, legal public entity) and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the occupancy hereunder. D. Waiver of Subrogation Rights: LICENSEE shall require the carriers of the above required coverages to waive all rights of subrogation against the DISTRICT/COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. E. Policies Primary and Non-Contributory: All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the DISTRICT/COUNTY. F. Proof of Coverage: LICENSEE shall immediately furnish certificates of insurance to the DISTRICT, evidencing the insurance coverage, including endorsements, above required prior to the commencement of occupancy hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the DISTRICT and LICENSEE shall maintain such insurance from the time LICENSEE commences occupancy hereunder until the completion of such occupancy. Within sixty (60) days of the commencement of this agreement, the LICENSEE shall furnish certified copies of the policies and all endorsements. G. The above insurance requirements are subject to periodic review by the DISTRICT. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the DISTRICT. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the DISTRICTICOUNTY, inflation, or any other item reasonably related to the DISTRICTICOUNTY's risk. Any such reduction or 7 2000-10 waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. LICENSEE agrees to execute any such amendment within thirty (30) days of receipt. H. Insurance requirements can be satisfied through a policy of insurance or an approved program of self-insurance. 1. Failure to Procure Insurance. All insurance required must be maintained in force at all times by LICENSEE. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the DISTRICT to give notice to immediately suspend all LICENSEE's business activities. Failure to reinstate said insurance within ten (10) days of notice to do so shall be cause for termination and forfeiture of this agreement, and/or DISTRICT, at its discretion, may procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by DISTRICT shall be repaid by LICENSEE to DISTRICT upon demand. 1. DISTRICT shall have no liability for any premiums charged for such coverage(s). The inclusion ofDISTRICT/COUNTY as additional named insured is not intended to and shall not make a partner or joint venturer with LICENSEE in LICENSEE's operations. 16. HOLD HARMLESS: Each LICENSEE agrees to indemnifY, defend (with counsel approved by DISTRICT and COUNTY) and hold hannless the DISTRICT, the COUNTY and their respective officers, agents, volunteers and employees from any and all claims, actions, losses, damages, and/or liabilities arising out of this lease from any cause whatsoever, including the acts, errors, omissions or negligence of any person, and for any costs and expenses incurred by the DISTRICT or the COUNTY on account of any claim therefor, except where such indemnification is prohibited by law and except where caused solely by the negligence or willful misconduct of the DISTRICT or the COUNTY. 17. TAXES. ASSESSMENTS AND LICENSES: LICENSEE shall pay before delinquency any and all property taxes, assessments, fees, or charges, including possessory interest taxes, which may be levied or assessed upon any personal property, improvements or fixtures, if any, installed or belonging to LICENSEE and located within the Premises. LICENSEE shall also pay all license or permit fees necessary or required by law for the conduct of its operation and/or in accordance with Section 107 of the California Revenue and Taxation Code. LICENSEE recognizes and understands that this license may create a possessory interest subject to property taxation and that the LICENSEE may be subject to the payment of property taxes levied on such interest, unless the parties otherwise agree in writing prior to the start of construction or installation. 18. COMPLIANCE WITH LAW: All activities under this license must conform to all applicable rules, regulations, laws, ordinances, codes, statutes or orders of any governmental authority, Federal, State or local lawfully exercising authority over LICENSEE's operations. In the event that the LICENSEE's use of the above-described property conflicts in any way, or is in violation of any of said rules, regulations, ordinances, statutes or orders, the LICENSEE shall remove or modifY the installation to conform with the applicable regulations within thirty (30) days of receipt of written notice to do so from the DISTRICT. DISTRICT's determination of conflicting use shall be conclusive. However, LICENSEE retains the right for appeal of any regulatory ruling if such appeal procedure exists. 8 2000-10 19. GENERAL COVENANTS AND AGREEMENTS: A. At anytime during the life of the license, the DISTRICT may revise, modifY, or add provisions to the license as may be required to meet the DISTRICT's obligations for water conservation and flood control purposes so long as any revisions, modifications, etc., do not substantially interfere with LICENSEE's use of the Premises. B. LICENSEE agrees not to use said Premises, or any part thereof, for any purpose which causes injury to any neighboring property, nor for any purpose in violation of valid applicable laws or ordinances. C. No political signs shall be permitted on DISTRICT's right-of-way. D. Uses granted to LICENSEE under this license are valid only to the extent of the DISTRICT's existing rights and may be subject to other easements and encumbrances. Rights granted to the LICENSEE are not exclusive. E. Activities under this license are subject to any instructions of the Flood Control Engineer or his representative acting in his capacity as a regulatory agency under the Flood Control Act. F. If the LICENSEE should refuse or neglect to comply with the provisions of the license, or the orders of the DISTRICT, the DISTRICT may have such provisions or orders carried out by others at the expense of the LICENSEE. All the terms, covenants and conditions set forth herein are to be strictly complied with by the LICENSEE. Any failure to comply therewith shall be grounds for immediate cancellation ofthe license. G. This license is valid only to the extent of DISTRICT jurisdiction. Permits required by other interested agencies shall be the responsibility of the LICENSEE. NOTHING CONTAINED IN THIS LICENSE SHALL BE CONSTRUED AS A RELINQUISHMENT OF ANY RIGHTS NOW HELD BY THE DISTRICT. 20. INCORPORATION OF PRIOR AGREEMENT: This license contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this license, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 21. WAIVERS: No waiver by either party of any provisions of this license shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provlSlons. 22. AMENDMENTS: No provision of this license may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modifY this license. 23. SUCCESSORS: This license shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 9 2000-10 24. PROVISIONS ARE COVENANTS AND CONDITIONS: All proyisions, whether covenants or conditions, on the part of either party shall be deemed to be both coyenants and conditions. 25. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold nor delay such consent or approyal. 26. EXHIBITS: All exhibits referred to are attached to this license and incorporated by reference. 27. LAW: This license shall be construed and interpreted in accordance with the laws of the State of California. 28. CAPTIONS AND COVER PAGE: The paragraph captions and the cover page of this license shall have no effect on its interpretations. 29. SEVERANCE: If any provision of this license is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this license, and all such other provisions shall remain in full force and effect provided, however, that the purpose of the license is not frustrated. It is the intention of the parties hereto that if any provision of this license is capable of two constructions, one of which would render the provision yoid and the other of which would render the provision yalid, then the provision shall have the meaning which renders it valid. 30. NOTICES: Any notice, demand, request, consent, approYal, or communication that any party desires or is required to give to any other party, or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, request, consent, approval, or communication that any party desires or is required to give to the parties shall be addressed to the other parties at the address set forth below. Any party may change its address by notifying the other parties of the change of address. Notice shall be deemed communicated two (2) DISTRICT working days from the time of mailing if mailed as provided in this paragraph. DISTRICT's address: San Bernardino Co. Flood Control District Attention: Flood Control Engineer 825 East Third Street San Bernardino, Ca 92415-0835 UCENSEE's address: "SAWPA" Santa Ana Watershed Project Authority 11615 Sterling Ayenue Riverside, CA 92503 "SAN BERNARDINO" City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 10 2000-10 "SAN BERNARDINO WATER" City of San Bernardino Municipal Water Department P.O. Box 710 San Bernardino, CA 92402 "COLTON" City of Colton 650 N. LaCadena Drive Colton, CA 92324 ****** ****** 11 2000-10 31. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this license, will survive the termination of this license. END OF CONTRACT. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT LICENSEE: "SAWPA" SANTA ANA WATERSHED PROJECT AUTHORITY By 1j5 6' 6~ ~- ( By Chai oard of Supervisors Acting as Governing Body of District Date FES 2 9 2000 4f 53 Title COMMISSION CHAIRMAN Date OCTOBER 12. 1999 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD"<,,,., t,-r;S"'" "c", "I" .'Sl?RQAT, C1erkofthe ,'Q;f~~iVisors .) ; ",,' ~~~. I ~ \)1 ,r; . . (~ ..;.~ .1 .~ "SAN BERNARDINO" City ofS Bernardino " :t!< .or- '_, ,', , -', . ~ :..i.I,~9.'i~.~,/ ayor I Date-' ,.1 C:</3/o0 ( I BY~, h.~ el Clark APPROVED AS TO LEGAL FORM: Title: City Clerk 2h Jo 0 I , ALAN K. MARKS, County Counsel San Bern ino County, California Date By Date ?-."" 10-. ~ ~ 12 2000-10 "San Bernardino Water" City of San Bernardino Municipal Water Department /' ~~(hk B. Warren Cocke Title: Presiden, Board of Water Commissioners Date .") ,.7-7 Approved as to Form: James F. Penman, City Attorney, San Bernardino 1C:~ r 2-'" r~ "Colton" City of Colton By ~~.~ Title: Mayor . ' c:~ ld.IU1--- By Date Carolina Barrera Title: City Clerk Date /~3.)f9 13 2000-10 EXHIBIT "1" PERMIT NO. P-293065 .TRANSPORTATION/FL(- D COmR~L DEPARTMENT EXHIBIT " PERMIT NO. P-293065 COUNTY OF SAN BERNARDINC PUBLIC WORKS GROUP / 825 Ea.t Third Stroat . San 8arnardlno. CA 92416.0835 . (9091387-2800 Fax No. 19091387-2667 r;;!.... ~;gJ ~~,., l.o\""r ~ ~~ ~ KEN A. MILLER Director July 15, 1994 PEP!1ITI'EE File: 2-120, 2-409, 2-411, 2-701, 2-703/2.04 Santa Ana Watershed Project Authority 11615 sterling Avenue Riverside, CA 92503 Filing Fee: Inspection Fee: (Nonrefun:lable) 'IOrAL: NO FEE $27.857.50 $27,857.50 Attention: Gordon S. Magnuson SRMPA Consultant/Project Manager Re: Zone 2, Rialto 01annel 'IWin Creek 01annel, C/E Warm Creek, CIE Santa Ana River Rancho Avenue storm Drain PERM:rr NO. P-293065 Cea.r Mr. Magnuson: In reply to a letter on your behalf fran Qi2M Hill dated June 25, 1993, permission is granted to construct, cpe.rate ard maintain ycur RIX,lSARI pipeline, subject to the following Special ard General Provisions. 'The prcposed RIX,lSARI pipeline is l=ated on the District's Rialto 01annel, 'IWin Creek channel, CIE, Warm Creek, CIE, Santa Ana River, Rancho Avenue storm Drain, in the cities of Colton ard San Eernardino . SPECIAL PROVISIONS 1. lllSURANCE - 'Ihis permit shall not l::ECare viuid until the Certificate of Insurance, narked Exhibit "A", has been c:arpleted ard ar:proved by the Fl=:i Control District. 2. '!he prop:>sed RIX,lSARI pipeline shall be in a=rdan::e with: a. '!he Plats, Exhibit "B", ard the General Provisions, all of which are attached hereto ard made a part of this penn.it. b. '!he San Bernardino Camty Ceparbnent of Transportation ard Fl=:i Control starrlard Specifications available at ErlVironrrental Management GraJp, SUrveyor Depar'bIEnt. c. All applicable provisions of the "Construction ard Safety Orders" issued by the state Division of Irdustrial Safety ard "Manual of Accident Prevention in Construction" issued by the Ass=iated General Contractors, Inc. 3. '!he Permittee shall in:lernnify ard hold the District am all officers, errployees am agents of said p.lblic bcdy free am harmless fran any am every claim, deman:l or action for daIrages, or injury to any person or persons or prcperty of any Jdn::l whatsoever, am any cost or expense in connection therewith, am agrees to defen:i the FI=:i Control District, the Camty of San Bernardino, am all officers, errployees ard agents of said p..1blic bcdy against any claims or demanis which may arise cut of or result fran Permittee's construction, cperation, use or activities on District right-of-way. 2000-10 SANI'A ANA WATEPSHED FFOJECT NJIH:JRIT'f PERMIT NO. P-293065 Page 'Three 11. Shculd maintenance activities be required durin;r the pericd O::tcber 15 to April 15, """rk shall be un:lertaken within a five (5) day clear weather forecast. Permittee shall maintain or provide for a flood watch when storm =rlitioos threaten, arx:i have persclI100l arx:i equipnent available CX1 a 24-ha.1r schedule arx:i provide the District with the nanes arx:i a.ft.e1:--hoJrs IiJone !'ll.l11i:ers of responsible sur;ervisory personnel. 12. No Jrore than one-third (1/3) of arrf flood control facility may be ci::structe:i durin;r the pericd c:ctobe.r 15 to April 15, ror lOClre than t\..>o-thirds (2/3) of arrf facility may be dJstructed durin;r the remaini.ng pericd. 'The term "d:struction" shall inclt)je all tenporary or permanent structures, falsework, excavated material, arx:i equipnent =nnected with the =nstruction. For the prrpose of c:arp.rtin;r the area of an d::Gtruction, diJnensions shall be taken rorrral to the channel flew of the actual >:hysical ootl.ine of the d::Gtruction. 13 . No floatable materials or st=kpilin;r shall be maintained, in the channel area, arx:i equipnent shall be kept cut of the channel except. when in use durin;r """rkin:/ hoors. 14. In acx::ept.irq this permit, the Permittee agrees that he will pay the rost of resettin;r or relocation of survey IOClnuments definin:r District's right-of-way OOun:laries or other survey IlOI1llIllel1ts located within District right-of-way that are rem:JVed, disturbed or destroyed as a result of """rk performed in connection with this permit. 'Ihe reference::l. survey work shall be performed by a person licensed to practice surveyin;r in the State of California. 'Ihe required information for this resettin;r or relocation of survey lOClnurrents shall be suhnitted to the San Bernardino Ca.lnty surveyor's Office (Le., records of survey, prcperty corner records, etc.). 15. l\tY'Pc:c: to the District's levees, channels arx:i patrol roads shall remain q:en arx:i free to vehicular traffic. at all times. Alternate access to the facilities shall be provided when exi..stirg access is severed or inpaired. Contractor IrUSt prevent the pmlic fran enterin;r the construction area or the District's right- of -way. 16. All existin;r asrhalt or con=rete surfacin;r rerroved for the RIXjSARI pipeline installation shall be saWOlt at the rerroval limits. Any settlem=nt in the future shall be maintained, by the Permittee. 17. 'Ihe RIXjSARI pipeline shall be adequately marked with aJ:ove groon::l markers per District's S. P. 204, attached herewith as Exhibit "C", at inte.J:vals deterr.rined in the field by the District. 18. 'Ihe Permittee shall FErlorm, at his own expense, all ronstruct.ion surveyin;r arx:i en;ineerin;r ~=ry to control construction to limits defined in the Plat, Exhibit "B". 'The constro::::ti.on surveyin;r arx:i en;ineerin;r will be perfonre:i to the District's satisfaction. 19. All construction arx:i material t.est:in:J for facilities constructe:l within District right-of-way will be perfonre:i by the Permittee or their authorized representative arx:i certified eviderx:e thereof shall be furnished to the District at the Permittee's expense. 2000-10 SANTA ANA WAT.E:RSHED FffiJECI' AIJrnJRITY PERMIT 00. P-293065 Page Five 30. 'Ihis permit, or a certified c:cpy thereof, IIUSt J:e kept at the project site to J:e ~ to any authoriza:l agent of the Flood O::ll1trol District or law enforcement officer upon request. 31. If the Permittee shalld refuse or neglect to co:rply with the provisions of the permit, or the orders of the District, the District JraY have such provisions or orders carried cut by others at the expense of the Permittee. 32. If Permittee fails to co:rply with any cbligation =tained herein, he/she shall J:e liable to the District for any administrative expenses an:! attorney I s fees incurred in cbtainin:; co:rpliance with this p:mnit an:! any such expenses an:! fees incurred in prcx::ess:i.rq any action for damages or for any other remedies p:mnitted by law. 33. At the a:Il'pletion of the CXlnstJ:uctiOn activities, the area shall J:e cleaned, grade:l. an:! dresse:l. to the satisfaction of the District. A joint inspection (Permittee/District) shall J:e Jrade to detemine if the ~rk has J:een co:rpleted in a=rdan:::e with permit requirements. '!he Permittee will sul:init "Record Drawings" at the ti.JTe of the final i.nsFection. Very truly yoors, ~o..~ I<lli A. MIllER Flood Control En:3'ineer KlIM:JL: eh Attactnnents as noted =: Depar1:lnent of Fish an:! Game =u! 8 ffij-i! I.. ::t i,l , Lul ~"'! :::! g,ll'!" \J... c~ ~. J I 0 ll..i:'~ . I " 0:1 o..-tj n.fJ1l1JIWI Q a.lf:ii, 8 ",o:t". 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LICENSEE: PREMISES: TERM: PRIMARY INSURANCE POLICY: Name of Licensee's Insurance Company Effective Dates of Policy Claims Made Policy Per Occurrence Policy Limits of Liability Deductibles: Per Occurrence Annual Aggregate Additional Insured Endorsement Attached Yes Certified Copy of Policy Attached Yes EXCESS/UMBRELLA POLICY Name of Licensee's Insurance Company Effective Dates Limits of Liability Underlying Coverage Limits Name of Underlying Company Additional Insured Endorsement Attached Yes Certified Policy (Copy of) Attached Yes No No No No NOTE: If there are any questions concerning the required insurance, LICENSE contact the County Risk Management Office at (909) 386-8622. EXHIBIT "3" HAZARDOUS SUBSTANCES ALLOWED ON THE PROPERTY 2000-10 2000-10 SANTA ANA WATERSHED PROJECT AUTHORITY ORDINANCE NO.3 AN ORDINANCE REGULATING THE AVAilABILITY AND USE OF THE SANTA ANA REGIONAL INTERCEPTOR SYSTEM SEPTEMBER 23, 1996 2000-10 INTRODUCTION AND SUMMARY The Santa Ana Watershed Planning agency was formed in 1968 to develop a long range plan for managing, preserving, and protecting the quality of the water supplies in the Santa Ana River Basin. After development of the long range plans, the Santa Ana Watershed Project Authority (SAWPA) was formed to implement the Planning Agency's recommendations. SAWPA's programs include the planning, financing, construction and operation of projects which relate to the water quality and quantity in the Santa Ana River Basin. Presently, over 4,000,000 people are dependent on the Santa Ana River for their water supplies. In order to assure the highest quality water available to these users, goals and standards have been established by various federal, state and local regulatory agencies. In order to enhance and improve the quality of water in the Santa Ana River Basin and to insure compliance with the goals and standards set by the regulatory agencies, SAWPA has implemented many projects to remove the contaminants, mainly highly saline waters, from the water supplies. One of the main facilities constructed by SAWPA for this purpose is the Santa Ana Regional Interceptor (SARI) sewer. This sewer, which was constructed in conjunction with the County Sanitation Districts of Orange County, transports highly saline waters from the watershed to the Pacific Ocean for disposal rather than letting this contamination commingle with the waters in the Santa Ana River. The use of the SARI makes possible the delivery of the higher quality of water to users of the River's waters, particularly in the lower elevations of the basin in the Orange County area. Recognizing the need to control the quality of the waters in the basin as well as waters discharged to the SARI system, SAWPA adopted its Ordinance NO.1 in May, 1982. The purpose of the ordinance was to establish the maximum benefit from the use of the SARI system, by providing procedures to insure compliance with the requirements placed upon SAWPA by the regulatory agencies and SAWPA's contractual obligations with the County Sanitation Districts of Orange County. This original Ordinance was revised on June 12, 1990. This Ordinance NO.3 reflects the changes necessary to clarify, streamline and update the procedures for the use of the SARI system. The primary goals of this Ordinance No, 3 are: . To insure compliance with the various regulatory agencies' requirements; . To meet SAWPA's contractual obligation with the County Sanitation Districts of Orange County for the discharge of wastewaters into the SARI system which may effect Districts' treatment and disposal systems as well as its programs for insuring compliance with the Districts' obligations; September 23, 1996 2000-10 . To prevent the introducticn of pollutants into the Santa Ana Regional Interceptor collection system which may harm or cause interference with the operation of the County Sanitation Districts of Orange County treatment facilities. · To enforce Federal Categorical Standards; · To encourage the maximum use of the SARI system for the discharge of brines and other non-reclaimable wastewaters to protect the quality of water supplies in the Santa Ana River Basin; . To prevent exposure of SAWPA and County Sanitation Districts of Orange County employees to hazards which may be created due to discharges into the SARI system; · To establish an effective monitoring program for the control of wastewaters discharged to the SARI system with an enforcement program to insure equal treatment to all dischargers; and It will continue to be the objective of SAWPA to issue permits to all directly connected dischargers to the SARI system and to establish a program for all non-directly connected dischargers in order to insure the quality of the wastewaters being discharged to the SAWPA and CSDOC systems. II September 23, 1996 2000-10 TABLE OF CONTENTS INTRODUCTION AND SUMMARY ARTICLE 1. GENERAL PROVISIONS 1 101.0 Purpose and Policy 1 102.0 Definitions 1 103.0 Confidential Information 8 104.0 Waste Discharge Permits 9 105.0 Permit Transfer Prohibitions 9 106.0 Permits - Change of Ownership 9 107.0 Signatory Requirements 9 ARTICLE 2. GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES 10 201.0 Prohibited Discharges 10 202.0 Prohibition of Dilution 11 203.0 Limitations on Surface Runoff and Groundwater 11 204.0 Limitations on Unpolluted Water 11 205.0 Prohibition on Domestic Wastewater & Septage Waste 12 206.0 Not Used 12 207.0 Limitations on the Use of Grinders 12 208.0 Limitations on Point of Discharge 12 209.0 Limitations on Wastewater Strength and Characteristics 12 iii September 23, 1996 2000-10 210.0 Prohibition on Infectious Waste 14 211.0 Limitations on Disposal of Spent Industrial Solutions & Sludges 14 ARTICLE 3. WASTEWATER DISCHARGE CONTRACTS USER CHARGES AND FEES 16 301.0 Introduction 16 302.0 Wastewater Discharge Contracts Between SAWPA and a Member Agency 16 303.0 Wastewater Discharge Contracts Between a Member Agency and a User of the SARI System 16 304.0 User Charges and Fees 17 304.1 Operations and Maintenance Costs 17 304.2 Wastehauler User Charges 17 304.3 Permit Application Fees and Non- Compliance Fines 17 304.4 Special Purpose Discharge Permit Charge 17 ARTICLE 4. DISCHARGE PERMITS 18 401.0 Introduction 18 402.0 Class I Wastewater Discharge Permits- (Direct Connection - Non-Domestic) 18 402.1 Class I Wastewater Discharge Permit Application 19 402.2 Class I permit Conditions and Limitations 20 402.3 Class I permit Fee 21 iv September 23, 1996 2000-10 402.4 Permit Duration 21 402.5 Terms and Conditions 21 403.0 Class II Wastewater Discharge Permits (Temporary Domestic) 21 403.1 Class II Permit Application 22 403.2 Class II Permit Conditions & Limitations 22 403.3 Class II Permit Fee 23 403.4 Permit Duration 23 403.5 Terms and Conditions 23 404.0 Special Purpose Discharge Permits 24 404.1 Special Purpose Discharge Permit Application 24 404.2 Special Purpose Permit Conditions, Limitations & Requirements that May be in a Permit 25 404.3 Special Purpose Discharge Permit Fee 25 404.4 Special Purpose Discharge Permit Duration 25 404.5 Terms and Conditions 25 404.6 Special Purpose Discharge Permit Charge 26 405.0 Wastehauler Discharge Permit 26 405.1 Wastehauler Discharge Permit Application 26 405.2 Wastehauler Discharge Permit Conditions & Limitations 27 405.3 Wastehauler Discharge Permit Fee 27 405.4 Permit Duration 27 v September 23, 1996 2000-10 405.5 Terms and Conditions 28 405.6 Wastehauler Discharge Permit Charge for Use 28 ARTICLE 5. MONITORING, REPORTING, INSPECTION AND FACILITIES REQUIREMENTS 29 501.0 Monitoring and Reporting Conditions 29 501.1 Inspection and Sampling Conditions 29 501.2 Right of Entry 30 501.3 Report of Spill 30 502.0 Pretreatment Facilities 30 503.0 MonitoringlMetering Facilities 31 504.0 Drawing Submittal Requirements 31 505.0 Spill Containment Facilities 32 ARTICLE 6. ENFORCEMENT 33 600.0 Purpose and Scope 33 601.0 Non-Compliance with Permit Conditions & Applicable Fees 33 602.0 Probation Order 36 603.0 Enforcement Compliance Schedule Agreement (ECSA) 37 604,0 Regulatory Compliance Schedule Agreement (RCSA) 38 605.0 Permit Suspension 39 606.0 Permit Revocation 40 vi September 23, 1996 607.0 Wastehauler Non-Compliance with Permit Conditions 42 608.0 Damage to Facilities or Interruption of Normal Operations 42 609.0 Industrial Waste Pass Through 43 610.0 Batch Dumps 43 611.0 Public Nuisance 43 612.0 Termination of Service 43 613.0 Emergency Suspension 43 614.0 Injunction 43 615.0 Civil Penalties 43 616.0 Criminal Penalties 44 617.0 Appeals to the Commission of SAWPA 44 618.0 Payment of Charges 45 619.0 Recovery of Costs Incurred by SAWPA 45 620.0 Published Notices 45 621.0 Judicial Review 46 ARTICLE 7. MISCELLANEOUS 48 701.0 Severability 48 702.0 Effective Date 48 vii September 23, 1996 2000-10 2000-10 AN ORDINANCE OF THE SANTA ANA WATERSHED PROJECT AUTHORITY ESTABLISHING REGULATIONS FOR THE USE OF THE SANTA ANA REGIONAL INTERCEPTOR BE IT ORDAINED BY THE COMMISSION OF THE SANTA ANA WATERSHED PROJECT AUTHORITY AS FOLLOWS: ARTICLE I GENERAL PROVISIONS 101.0 PURPOSE AND POLICY The purpose of this Ordinance is to provide for the maximum benefit from the use of the Santa Ana Watershed Project Authority's (SAWPA) facilities. This shall be accomplished by regulating the use of the Santa Ana Regional Interceptor (SARI) sewer system and the wastewater discharges to this sewer system, by providing for the distribution of the costs of the construction, administration, operation and maintenance of the system, and by providing procedures that will allow SAWPA to comply with all regulatory requirements imposed upon SAWPA by contract requirements and by federal, state, and local agencies. The provisions of this Ordinance shall apply to all direct and indirect discharges tributary to the SARI system. This Ordinance shall be administered by the General Manager of SAWPA, under the control and direction of the SAWPA Commission. 101.1 AUTHORIZATION This Ordinance is enacted pursuant to the authorization of the Municipal Water District Law of 1911, California Water Code Section 71000 et seq., California Government Code Section 6500 et seq., the Clean Water Act (33 U.S.C. 1251 et seq.) And the General Pretreatment Regulations (40 C.F.R. 403). 102.0 DEFINITIONS Unless otherwise defined herein, terms pertaining to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. September 23, 1996 1 2000-10 The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analysis of Pollutants), or as specified. Other Terms not herein defined shall be defined as being the same as set forth in the International Conference of Building Officials Uniform Building Code, current edition. 1. Batch Dumps shall mean the discharge of concentrated non-compatible pollutants of a quality or quantity and in a manner or method that is not approved or permitted by SAWPA. 2. Biochemical Oxygen Demand IBOD) shall mean the measure of biodegradable organic material in domestic or other wastewaters as represented by the oxygen utilized over a period of five days at 20 degrees centigrade and as determined by the appropriate testing procedures, and expressed in terms of milligrams per liter. 3. Bypass shall mean the intentional diversion of waste-streams from any portion of an User's treatment facility connected directly or indirectly to the SARI system. 4. Capacity Unit shall equal 1 0,000 gallons per day discharge right. 5. Chemical Oxygen Demand ICOD) shall mean the measure of chemically oxidizable material in domestic or other wastewaters as determined by appropriate testing procedures and expressed in terms of milligrams per liter. 6. Code of Federal Regulations ICFR) Shall mean the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. 7. Commission shall mean the governing body of SAWPA as defined by the Joint Exercise of Powers Agreement establishing SAWPA. 8. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, PH, fecal coliform bacteria, plus other pollutants that the treatment facilities of CSDOC, or other treatment facilities which may receive and treat wastewaters from the SARI system, are designed to accept andlor remove. Compatible pollutants are non-compatible when discharged in quantities that have an adverse effect on the collection, treatment, disposal systems or any discharge permit regulating the treatment facility. September 23, 1996 2 2000-10 9, Composite Sample shall mean a collection of individual samples obtained at intervals during a specified period of time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. Samples will be collected during the time manufacturing, processing, andlor discharge occurs. 10. CSDOC shall mean the County Sanitation Districts of Orange County. 11. Cyanide (Amenable) shall mean those cyanides amenable to chlorination as described in 40 CFR 136.3. 12. Direct Connection shall mean a direct physical connection to SARI which conveys wastewater to the SARI system. 13. Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system which is tributary to the SARI system or any other sewer system owned andlor operated by SAWPA. Discharger shall mean the same as User. 14. Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living process of humans of such character as to permit satisfactory disposal, without special treatment, into a public sewer or by means of a private disposal system. Unless otherwise modified, the strength of domestic wastewater shall be considered to have 250 milligrams per liter (mg/l) BOD and 250 milligrams per liter (mg/l) of suspended solids. 15. Enforcement Compliance Schedule Agreement (ESCA) shall mean a mutual agreement between SAWPA and a permittee amending the permit to require implementation by permittee of necessary pretreatment practices andlor installation of equipment to insure permit compliance. 16. Federal Cate~lOrical Pretreatment Standards shall mean those standards promulgated by EPA in accordance with 40 CFR 403. U), Section 307 (b) and (c) of the Act (33 U.S.C.11347) and which apply to a specific category of industrial user. 17. Flow Monitoring Facilities shall mean equipment and structures approved by SAWPA provided at the user's expense to measure, totalize, andlor record, the incoming water to the facility or the wastewater discharged to the sewer. 18. General Manager shall mean the individual duly designated by the Commission of SAWPA to administer this Ordinance. September 23, 1996 3 2000-10 19, Grab Sample shall mean an individual sample collected over a period of time not exceeding fifteen (15) minutes. 20. Indirect Connection shall mean a physical connection which is not directly connected to SARI but conveys wastewaters which are tributary to the SARI system through a sewer pipeline. 21. Industrial Wastewater shall mean all water-carried wastes and wastewater of the discharger, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation. Industrial wastewater may also include human wastes originating at the discharger's plant. 22. Infectious Waste shall mean materials which are likely to transmit etiologic agents which cause, or significantly contribute to the cause of, increased morbidity or mortality of human beings, as more specifically set forth in Health and Safety Code Section 25117.5. 23. Inspector shall mean a person authorized by the General Manager to inspect any facility discharging or anticipating discharge to wastewater conveyance, processing and disposal facilities. 24. LEL (Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by Volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present. 25. Maior Violation shall mean a discharge over the maximum permitted discharge limit by an amount equal to or greater than one pound per day of the constituents set forth in Table I of having a pH discharge of less than 5.0. 26. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 27. May shall mean permissive. 28. Member Agency shall mean either Chino Basin Municipal Water District, Eastern Municipal Water District, Orange County Water District, San Bernardino Valley Municipal Water District, or Western Municipal Water District of Riverside County. September 23, 1996 4 2000-10 29. Non-Domestic Wastewater shall mean the same as industrial wastewater. 30. Pass Through shall mean discharge through the CSDOC facilities to navigable water which, alone or in conjunction with discharges from other sources, is a cause of a violation of CSDOC's NPDES permit. 31. Permittee shall mean a person who has received a permit to discharge wastewater pollutants into SAWPA's sewerage system subject to the requirements and conditions established by SAWPA. 32, Person shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. 33. Pesticides shall mean those compounds including, but not limited to DOT (dichlorodipheyltrichloroethane, both isomers), DOE (dichlorodiphenylethylene), ODD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha, beta and gamma isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,8- tetrachlorodibenzo-p-dioxin (TCDD), toxaphene, Alpha-endosulfan, Beta- endosulfan, Endosulfan sulfate, Heptachlor, Heptachlor epoxide, Dieldrin. 34. Polychlorinated Biphenyls (PCB) shall mean those compounds including, but not limited to Aroclors, 1016, 1221, 1228,1232, 1248, 1254, 1260, and 1262. 35. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a level authorized by SAWPA prior to discharge of the wastewater into SAWPA's sewerage system. The reduction or alteration can be obtained by physical, chemical or biological process, or process changes by other means. 36. Pretreatment Facility shall mean any works or devices for the treatment or flow limitation of wastewater prior to discharge into a sewer system owned and operated by SAWPA. 37. Priority Pollutants shall mean the toxic pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as non-compatible pollutants and may require pretreatment prior to discharge in order to prevent interference with the operation, sludge contamination, or treatment system Pass Through into receiving waters or into the atmosphere. 38. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this state. September 23, 1996 5 2000-10 39. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.) and as amended. 40. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of SAWPA andlor CSDOC including, but not limited to, the following: a) United States Environmental Protection Agency; Region IX, San Francisco and Washington, D.C. (EPA); b) California State Water Resources Control Board (SWRCB); c) California Regional Water Quality Control Board (RWQCB); d) South Coast Air Quality Management District (SCAQMD); AND e) California Department of Health Services (DOHS). 41. Regulatorv ComDliance Schedule Agreement IRCSA) shall mean an agreement between SAWPA and permittee requiring the permittee to implement pretreatment practices andlor install equipment to ensure compliance with future revised categorical pretreatment standards or revised discharge limitations. 42. Sampling Facilities shall mean structure (s) and equipment approved by SAWPA, and provided at the user's expense, for SAWPA or user to measure and record wastewater constituent levels, collect representative samples, andlor provide access to pluglterminate the discharge. 43. Sanitary Waste shall mean domestic wastewater. 44. SARI shall mean the Santa Ana Regional Interceptor. 45. SAWPA shall mean the Santa Ana Watershed Project Authority. 46. Sewage shall mean wastewater. 47. Sewerage Facilities shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater. 48. Shall shall mean mandatory. September 23, 1996 6 2000-10 49. Significant Non-Compliance shall mean that one or more of all of the following criteria are met upon review of the industry compliance record: 1. Violations of Wastewater discharge limits: (a) Chronic violations: Sixty-six percent or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same Pollutant parameter. (b) Technical Review Criteria (TRC) violations: Thirty-three percent or more of all of the measurements for each Pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. There are two TRCs: 1. Group I for conventional Pollutants (BOD, TSS, fats, oil and grease) TRC = 1.4 2. Group II for all other Pollutants (Except pH) TRC = 1.2 (c) Any other violation(s) of an effluent limit (average or daily maximum) that has caused, alone or in combination with other discharges, Interference or Pass Through including endangering the health of SAWPA Personnel or the public. (d) Any discharge of a Pollutant that has caused imminent endangerment to human health/welfare or to the environment or has resulted in the exercise of emergency authority to halt or prevent such a discharge. 2. Violations of compliance schedule milestones, contained in an enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date. 3. Failure to provide reports for compliance schedules, self-monitoring data, or Categorical Standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from the due date. 4. Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in an Industrial Wastewater Discharge Permit or enforcement order, for starting or completing construction or attaining final compliance. 5. Failure to accurately report non-compliance. 6. Any other violation or group of violations that will adversely affect the operation or implementation of the pretreatment program or SARI line. September 23, 1996 7 2000-10 50. Special Purpose User shall mean any discharger who is granted a Special Purpose Discharge Permit by SAWPA to discharge unpolluted water, storm runoff or groundwater to SARI System. 51. User shall mean the same as Discharger. 52. Waste Discharge Permit shall mean a written permit issued by SAWPA authorizing the discharge of approved wastewater into the SARI System pursuant to SAWPA- approved wastewater discharge conditions and requirements. 53. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the SARI System. 54. Wastewater shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer. 55. Wastewater Discharge Contract shall mean a written contract between SAWPA and a Member Agency or between a Member Agency and a potential user for the purpose (among others) of conveying a defined discharge right to use the SARI System. 56. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of famine shall mean masculine. 103.0 CONFIDENTIAL INFORMATION All user information and data on file with SAWPA shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of SAWPA that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for withholding such information from the general public under applicable State and Federal laws. Any such claim must be made at the time of submittal "Confidential Business Information" on each page containing such information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Information concerning wastewater quality and quantity will not be deemed confidential. September 23, 1996 8 2000-10 104.0 WASTE DISCHARGE PERMITS fa provide the maximum public benefit from the use of the SARI System, written authorization from SAWPA to use said facilities is required. The written authorization shall be in the form of a waste discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. SAWPA shall issue all waste discharge permits for direct connections to the SARI System. All direct connection permittees shall be responsible for any indirect connections tributary to the SARI System to insure the indirect connection discharger maintains full compliance with the provisions of this Ordinance. No direct connection waste discharge permit will be issued by SAWPA to an entity which has indirect connections tributary to the SARI system, except to a public agency. SAWPA may delegate, through a written contract, the administrative process to a Member Agency for the issuance of the discharge permits. However, under such conditions, SAWPA shall be responsible for approval and enforcement of the conditions of the permit. 105.0 PERMIT TRANSFER PROHIBITIONS Permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or a specific wastehauler, and create no vested rights. Discharge permits or their permit limitations shall not be transferred for an operation at a different location. 106.0 PERMITS - CHANGE OF OWNERSHIP Upon the sale or transfer of ownership of any business operating under a permit issued by SAWPA, the permittee shall notify SAWPA in writing prior to the transfer. The successor owner shall be required to apply for a new permit within thirty (30) days of the sale or transfer of ownership in accordance with the provisions of this Ordinance. 107.0 SIGNATORY REQUIREMENTS Reports and permit applications required by the Ordinance for Federal Regulations shall contain the following certification statement: "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with the Federal Pretreatment Requirements. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted 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." The statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403.12 (1) (1-4). September 23, 1996 9 2000-10 ARTICLE 2 GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES 201.0 PROHIBITED DISCHARGES A. No person shall discharge a quantity or quality of wastewater directly or indirectly into the SARI System which causes, or is capable of causing, either alone or by interaction with other substances: 1. A fire or explosion; any liquids, solids, gases or Pollutants such as a gasoline, benzene, naphtha, solvents, and fuel oils that would cause or tend to cause flammable or explosive conditions including, but not limited to wastestreams with a closed cup flash point of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test methods specified in 40 CFR 261.21, shall not be discharged. 2. Obstruction of flow in the sewer system or damage to the sewerage facilities; 3. Danger to life or safety of any person; 4. Impairment of the effective maintenance or operation of the SARI system; 5. The release of toxic or malodorous gas producing substances; any discharge that results in toxic gases, vapors or fumes within the regional sewage system in a quantity that may cause acute worker health and safety problems is prohibited. 6. Interference with the wastewater treatment process; 7. Any amounts of petroleum oil, non-biodegradable cutting oil, or products of mineral origin which form persistent water emulsions or that will cause Interference or Pass Through are prohibited. 8. The CSDOC effluent or any other product of the treatment process, residues, sludges or scams, to be unsuitable for appropriate disposal; 9. All radioactive wastes are prohibited except: a. When the Industrial User is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials. b. When the waste is discharged in strict conformity with current California Radiation Control Regulations (California Code of Regulations, Title 17) for safe disposal. september 23, 1996 10 2000-10 10. Discoloration or any other condition which affects the quality of CSDOC's treatment works effluent in such a manner that receiving water quality requirements established by Regulatory Agencies cannot be met; 11. Conditions which violate any statute or any rule, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the discharge of wastewater through the sanitary sewer system. B. No person shall discharge by vehicular transport, rail car, or dedicated pipeline directly or indirectly to SAWPA's or CSDOC's sewerage facilities any substance that is defined as a hazardous waste by the Regulatory Agencies. The discharger may be required by SAWPA to obtain a certification declaring the waste to be discharged as non-hazardous by the State of California Department of Health Services ("DOHS"). C. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly into SARI without written permission from SAWPA. 202.0 PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit. 203.0 LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER A. Groundwater, surface runoff, or subsurface drainage shall not be discharged directly or indirectly into SARI except as provided herein. SAWPA may approve the discharge of such water only as a part of a water quality improvement program approved by SAWPA and when no alternate method of disposal is reasonably available, or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a special purpose permit from SAWPA. 204.0 LIMITATIONS ON UNPOLLUTED WATER A. Unpolluted water such as single pass cooling water shall not be discharged directly or indirectly into SARI except as provided herein. SAWPA may approve the discharge of such water only as a part of a water quality improvement program approved by SAWPA and when no alternate method of disposal or reuse is reasonably available, or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a special purpose permit from SAWPA. September 23, 1996 11 2000-10 205.0 PROHIBITION ON DOMESTIC WASTEWATER AND SEPTAGE WASTE Domestic Wastewater or septage waste may not be discharged into the SARI System. However, in specific cases, prior to discharge, SAWPA may approve a temporary discharge of such wastewater when no alternate method of disposal is reasonably available. If a permit is granted by SAWPA for the temporary discharge of such water into the SARI System, the user shall pay all applicable charges and fees, and shall satisfy all other conditions required by SAWPA. 206.0 NOT USED 207.0 LIMITATIONS ON THE USE OF GRINDERS Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. The maximum dimension for waste from grinders shall not exceed one-half (1/2) inch in any direction. 208.0 LIMITATIONS ON POINT OF DISCHARGE No person, shall discharge any wastewater directly into a manhole or other opening into the SARI System other than through an approved connection, unless approved by SAWPA upon written application by the user and payment of the applicable fees and charges. 209.0 LIMITATIONS ON WASTEWATER STRENGTH AND CHARACTERISTICS A. No person, shall discharge wastewater containing constituents in excess of the quantities listed in Table I. B. No person shall discharge wastewater: 1. Having a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade); 2. Having a pH less than 6.0 or greater than 12.0; or as otherwise noted. 3. Containing in excess of 0.01 mg/I of polychlorinated biphenyls as a daily maximum to include, but not limited to the following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262. September 23, 1996 12 2000-10 4. Containing in excess of 0.01 mg/I of pesticides as a daily maximum, to include, but not be limited to the following: DDT (dichlorodiphenyltrichloroethane, both isomers), DDE (dichlorodiphenylethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha, beta and gamma isomers), Chlordane, Endrin, Endrin aldehyde, 2,3, 7,8-tetrachlorodibenzo-p-dioxin (TTDD), toxaphene, Alpha-endosulfan, Beta-endosulfan, Endosulfan sulfate, Heptachlor, heptachlor epoxide, and Dieldrin. 5. Having a BOD greater than 15,000 pounds per day and/or exceeding a 30-day BOD average of 10,000 pounds per day. All discharges in excess of 320 mg/I are subject to a surcharge fee established annually by the Commissioners. 6. Containing excessive flow or other materials, including, but not limited to, ammonia, chemical oxygen demand, total organic carbon, priority pollutants, suspended solids, oil or grease of animal or vegetable origin, total dissolved solids, and phenolic compounds released in a discharge at a flow rate and/or concentration which will or may cause interference with the sewerage facilities; 7. That causes two successive readings on an explosion hazard meter of over five percent (5%) or a single reading over ten percent (10%) of the LEL of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, and hydrides; 8. Containing material which will readily settle or cause an obstruction to flow in the sewer, such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, asphalt, dead animals, wood, bones, hair and fleshing; 9. Containing recognizable portions of the human anatomy; and 10. In violation of any applicable Federal Categorical Pretreatment Standards, State standards, or other regulations covering wastewater disposal. September 23, 1996 13 2000-10 TABLE I LOCAL DISCHARGE LIMITS' CONSTITUENT Arsenic Cadmium Chromium (Total) Copper Lead Mercury Nickel Silver Zinc Cyanide (Total) Cyanide (Amenable) Polychlorinated biphenyls Pesticides Total Toxic Organics (as defined by EPA) Sulfide (Total) Sulfide (Dissolved) Oil and grease of mineral, petroleum origin MILLIGRAMS/LITER 2.0 1.0 2.0 3.0 2.0 0.03 10.0 5.0 10.0 5.0 1.0 0.01 0.01 0.58 5.0 0.5 100.0 . Subject to more stringent standards as established by Federal Categorical Pretreatment Standards. 210.0 PROHIBITION ON INFECTIOUS WASTE SAWPA shall have the authority to require that any discharge of an infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. 211.0 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS AND SLUDGES A. Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three years, and made available to SAWPA upon request. B. No person shall batch dump. Non-compliance fines applicable for such discharge will be as set forth in this Ordinance. September 23. 1996 14 2000-10 212.0 INDUSTRIAL WASTE PASS THROUGH If an industrial waste discharge results in a Pass Through event affecting SAWPA or the CSDOC or the facilities of either, all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs shall be levied against the discharger. Furthermore, the discharger shall submit to SAWPA plans to prevent future recurrences to the satisfaction of SAWPA and the CSDOC. A second occurrence shall be grounds for permit revocation. 213.0 BATCH DUMPS When SAWPA determines that a user has discharged concentrated non-compatible pollutants to the SARI System in a manner or method that is not approved by SAWPA, non- compliance fees shall be assessed as set forth in Article 6, Schedule C in Tables II and III. In addition, the user may be subject to permit suspension or permit revocation in accordance with Sections 605 and 606 as well as additional legal enforcement remedies available to SAWPA. September 23, 1996 15 2000-10 ARTICLE 3 WASTEWA TER DISCHARGE CONTRACTS USER CHARGES AND FEES 301.0 INTRODUCTION To obtain the maximum benefit from the use of the SARI System, written authorizations by SAWPA to use the SARI System are required. These written authorizations shall be in the form of a Wastewater Discharge Contract and a Wastewater Discharge Permit. 302.0 WASTEWATER DISCHARGE CONTRACT BETWEEN SAWPA AND A MEMBER AGENCY A Wastewater Discharge Contract is a written document between SAWPA and a Member Agency wherein the Member Agency purchases from SAWPA a right to discharge a specified amount of approved wastewater into the SARI System. The amount of this right shall be expressed in "capacity units" or MGD. The Wastewater Discharge Contract shall include but not be limited to: (a) the amount of the discharge right to be purchased; (b) the purchase price of the discharge rest as established by the Commission from time-to-time; (c) a description of operation and maintenance costs and other costs to be paid to SAWPA in addition to the purchase price paid for the discharge right; (d) the provision that the contract shall conform with all provisions of the SAWPA ordinances and resolutions regulating the availability and use of the SARI System. 303.0 WASTEWATER DISCHARGE CONTRACTS BETWEEN A MEMBER AGENCY AND A USER OF THE SARI SYSTEM Any potential user must first apply to the Member Agency for a Wastewater Discharge Contract. The Member Agency shall enter into a Wastewater Discharge Contract with the potential user. The Wastewater Discharge Contract shall be in accordance with Section 302.0 of this Ordinance. The potential user shall pay to the Member Agency all costs associated with the Wastewater Discharge Contract. All wastewaters to be discharged pursuant to the Wastewater Discharge Contract between a Member Agency and a potential user are contingent upon the issuance by SAWPA to user of a Wastewater Discharge Permit, pursuant to this Ordinance. User shall apply to SAWPA for such permit and provide to SAWPA all data required in connection therewith. A Wastewater Discharge Contract between a Member Agency and a user shall be required as a condition precedent to the issuance of a Class I or Class II Wastewater Discharge Permit. A Wastewater Discharge Contract between a Member Agency and a user may be required for the issuance of a special purpose discharge permit as determined by SAWPA. September 23, 1996 16 2000-10 304.0 USER CHARGES AND FEES Member Agencies shall pay to SAWPA in the following categories of costs in conformance of special provisions of the Wastewater Discharge Contracts and in accordance with resolutions adopted from time to time by the Commission; 304.1 Operations and Maintenance Costs or User Charges Operation and Maintenance costs shall include disposal costs for a direct connection to the SARI line plus all other applicable charges and fees as established by resolution of the Commission of SAWPA. 304.2 Wastehauler User Charges A uniform charge for use to cover all costs of SAWPA and its Member Agencies for providing disposal station service for discharge to the SARI System shall be established by resolution of the Commission of SAWPA. 304.3 Permit Application Fees and Non-Compliance Fines All permit application fees as set forth in Article 4 of this Ordinance, and all non-compliance fines and charges as set forth in Article 6 of this Ordinance shall be paid directly by user to SAWPA upon invoice as set forth in said Articles 4 and 6. 304.4 Special Purpose Discharge Permit Charge A charge to cover all costs of SAWPA for providing sewerage service and monitoring shall be established by the General Manager. A deposit determined by the General Manager to be sufficient to pay the estimated charges shall accompany the special purpose permit application, and said deposit shall be applied to the charges for said service and monitoring. A charge for use may be imposed by a Member Agency. All use charges shall be paid by the Permittee of a Special Purpose Discharge Permit directly to the Member Agency in accordance with Article 3 of the Ordinance and pursuant to the rules and regulations of the Member Agency. September 23, 1996 17 2000-10 ARTICLE 4 DISCHARGE PERMITS 401.0 INTRODUCTION A. To provide the maximum public benefit from the use of the SARI System, written authorization from SAWPA to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. B. The discharge permit shall be in one of four forms and is dependent upon the type of discharger, volume and characteristics of discharge. The four discharge permits are: 1. Class I Wastewater Discharge Permit (Direct Connection - Non-Domestic) 2. Class II Wastewater Discharge Permit (Temporary Domestic) 3. Special Purpose Discharge Permit 4. Wastehauler Discharge Permit 402.0 CLASS I WASTEWATER DISCHARGE PERMITS - (DIRECT CONNECTION - NON- DOMESTIC) A. Class I wastewater discharge permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges and fines established by the Commission. The conditions of wastewater discharge permits shall be uniformly endorsed by SAWPA in accordance with this Ordinance, requirements of CSDOC, and applicable State and Federal regulations. B. All Class I users proposing to discharge to the SARI System shall obtain a wastewater discharger permit by filing an application pursuant to Section 402.1 and paying the applicable permit fees pursuant to Section 402.3 before discharging. For purposes of this Ordinance, a Class I user is any user: 1. Discharging non-domestic wastewater by direct or indirect connection to the SARI System which may contain, at any given time, any of the components that SAWPA determines necessary to regulate as specified in Article 2. 2. Subject to Federal Categorical Pretreatment Standards. 3. Discharging wastewater which may cause, as determined by the General Manager, Pass Through or interference with SARI or CSDOC system. September 23, 1996 18 2000-10 402.1 Class I Wastewater Discharge Permit Aoolication A. Users seeking a Class I wastewater discharge permit shall complete and file with SAWPA, prior to commencing discharge, an application on the form prescribed by SAWPA. The user shall be required to submit, in units and terms appropriate for evaluation, the following information. 1. Name, address, assessor's parcel number (s), S.I.C. number (s), description of the manufacturing process, service activity, or other source of wastewater; 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License; 3. Volume of wastewater to be discharged; 4. Name of individual who can be served with notices other than officers of corporation; 5. Name and address of property owner, landlord and/or manager of the property; 6. Water supplier and water account numbers; 7. Wastewater constituents and characteristics as deemed necessary by SAWPA, including, but not limited to, those mentioned in Article 2 of this Ordinance. These Constituents and characteristics shall be determined by a laboratory of the discharger approved by SAWPA; 8. Time and duration of discharge; 9. Production records, if applicable; 10. Waste manifests, if applicable; 11. Landscaped area in square feet, if applicable; 12. Tons of cooling tower capacity, if applicable; 13. Number of employees and average hours of work per employee per day; and 14. EPA Hazardous Waste Generator Number, if applicable. September 23, 1996 19 2000-10 B. Users may also be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers and appurtenances by size, location and elevation for evaluation. C. Other information may be required to properly evaluate the permit application. D. After evaluation of the data furnished, SAWPA may issue a wastewater discharge permit to the discharger, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be necessary to protect SAWPA's System. 402.2 Class I Permit Conditions and Limitations The issuance of a Class I permit may contain any of the following conditions or limitations: A. Mass emission and/or concentration rates regulating non-compatible pollutants; B. Limits on rate and time of discharge or requirements for flow regulation and equalization; C. Requirements to notify SAWPA in writing prior to the physical expansion of any wet processes; D. Requirements for the user to construct and maintain, at his own expense, pH control, flow monitoring and/or sampling facilities; E. Requirements for submission of technical reports, discharge reports and waste manifests; F. Requirements to self-monitor; G. Requirements for maintaining plant records relating to wastewater discharge and waste manifests as specified by SAWPA; H. Predetermined rates or values for wastewater strength characteristics; I. Other provisions which may be applicable to insure compliance with this Ordinance; and J. Other terms and conditions determined by the General Manager to be necessary to protect SAWPA's System. September 23, 1996 20 2000-10 402.3 Class I Permit Fee The Class I permit fee shall be in an amount adopted by resolution of the Commission. The permit fee shall be payable within forty five (45) days of invoicing by SAWPA. Payment of permit fees must be received by SAWPA prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices, including invoices from Member Agency, in full prior to permit renewal. 402.4 Permit Duration Class I permits shall be issued for a period not to exceed three years. Sixty days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of Article 4 of this Ordinance. 402.5 Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change by SAWPA during the life of the permits based on: 1. The discharger's current or anticipated operating data; 2. SAWPA's or the CSDOC's current or anticipated operating data; 3. Changes in the requirements of other Regulatory Agencies. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. SAWPA shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. . 403.0 CLASS II WASTEWATER DISCHARGE PERMITS (TEMPORARY DOMESTIC) A. Domestic wastewater or septic wastewaters shall not be discharged into the SARI System. However, temporary discharge of domestic wastewaters or septic wastewaters may be allowed when no alternate method of disposal is reasonably available. September 23, 1996 21 2000-10 B. Class II wastewater discharge permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by SAWPA. The conditions of wastewater discharge permits shall be uniformly enforced by SAWPA in accordance with this Ordinance, requirements of CSDOC, and applicable State and Federal regulations. C. All Class II users proposing to discharge to the SARI System shall obtain a wastewater discharge permit by filing an application and paying the applicable permit fees before discharging. For purposes of this Ordinance, a Class II user is any user: Discharging domestic wastewaters from human residential uses where the BOD and Suspended Solids are each less than 250 mg/1. 403.1 Class II Permit Application A. Users seeking a Class II wastewater discharge permit shall complete and file with SAWPA, prior to commencing discharge, an application on the form prescribed by SAWPA. The user shall be required to submit, in units and terms appropriate for evaluation, the following information: 1. Volume of Wastewater to be discharged; 2. Wastewater constituents and Characteristics as deemed necessary by SAWPA. These constituents and characteristics shall be determined by a laboratory of the discharger approved by SAWPA; 3. Time and duration of discharge. B. Users shall also be required to submit plans of the sewer system serving the area with all connections identified. Such plans shall show all sewers by size, location and elevation for evaluation. C. Other information may be required to properly evaluate the permit application. D. After evaluation of the data furnished, SAWPA may issue a wastewater discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be necessary to protect the SARI System. 403.2 Class II Permit Conditions and Limitations The issuance ofthe Class II permit may contain any of the following conditions or limitations. September 23, 1996 22 2000-10 A. Limits on rate, time and duration of discharge or requirements for flow regulations if necessary; B. Requirements to notify SAWPA in writing prior to the physical expansion of any domestic service area; C. Requirements for the user to construct and maintain, at his own expense, pH control, flow monitoring and/or sampling facilities; D. Requirements for submission of technical reports or discharge reports; E. Requirements to self-monitor; F. Other provisions which may be applicable to ensure compliance with this Ordinance; G. Other terms and conditions determined by the General Manager to be necessary to protect the SARI System. 403.3 Class II Permit Fee The Class II permit fee shall be in an amount adopted by resolution of the Commission. The permit fee shall be payable within forty five days of invoicing by SAWPA. Payment of permit fees must be received by SAWPA prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices, including invoices from Member Agency, in full prior to permit renewal. 403.4 Permit Duration Class II permits shall be issued for a period not to exceed three years. Sixty days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of Article 4 of this ordinance. 403.5 Terms and Conditions A. The terms and conditions of an issued permit may be subject to modifications and change by SAWPA during the life of the permit based on: 1. The discharger's Current or anticipate domestic service area; 2. SAWPA's or CSDOC's current or anticipated operating data; 3. Changes in the requirements of other Regulatory Agencies. September 23, 1996 23 2000-10 8. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. SAWPA shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in permit shall include a reasonable time schedule for compliance. 404.0 SPECIAL PURPOSE DISCHARGE PERMITS A. Special purpose discharge permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by SAWPA. The conditions of wastewater discharge permits shall be uniformly enforced by SAWPA in accordance with this Ordinance, the requirements of CSDOC, and applicable State and Federal Regulations. B. A special purpose user proposing to discharge groundwater, surface runoff, subsurface drainage, or unpolluted water directly or indirectly to the SARI System shall obtain a special purpose discharge permit before discharging. This discharge permit may be granted when no alternative method of disposal is reasonably available, or to mitigate an environmental risk or health hazard or as a part of a water quality improvement program approved by SAWPA. 404.1 Special Purpose Discharge Permit Application A. Users seeking a special purpose discharge wastewater permit shall complete and file with SAWPA, prior to commencing discharge, an application in the form prescribed by SAWPA. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by SAWPA for review. 8. After evaluation of the data furnished, SAWPA may issue a special purpose wastewater discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be necessary to protect the SARI System, NPDES Permit criteria, sludge management criteria, or the reuse potential of the water as may be determined by the Commission. September 23, 1996 24 2000-10 404.2 Special Purpo<;e Permit Conditions. Limitations. and Requirements that May be in a Permit A. Discharge conditions and limitations shall be no less stringent than discharge limits of this Ordinance pertaining to wastewater strength and characteristics. B. Monitoring requirements for contaminated groundwater shall be for those non-compatible pollutants know to exist in the discharge and at least one analysis prior to sewer discharge shall be performed for all constituents contained in the most current EPA "Priority Pollutant" list, excluding asbestos. C. SAWPA may specify and make part of each special purpose permit specific pretreatment requirements or other terms and conditions determined by the General Manager to be necessary to protect the SARI System, or to comply with Regulatory Agencies and to assess user charges. 404.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the Commission. Payment of permit fees must be received by SAWPA prior to issuance of either a new permit or a renewed permit. Permittee shall also pay delinquent invoices, including invoices from Member Agency, in full prior to permit renewal. 404.4 Special Purpose Discharge Permit Duration Special purpose discharge permits shall be issued for a period not to exceed one year, but may be renewed as determined by the General Manager. The terms and conditions of the permit may be subject to modification and change by SAWPA during the life of the permit as limitations or requirements identified in Article 2 are modified. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 404.5 Terms and Conditions A. The terms and conditions of an issued permit may be subjected to modification and change by SAWPA during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. SAWPA's or CSDOC's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies. September 23, 1996 25 2000-10 B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. SAWPA shall review the requests, make a determination on the request, and respond in writing. C. Permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 404.6 Special Purpose Discharge Permit Charge A charge to cover all costs of SAWPA for providing sewerage service and monitoring shall be established by the General Manager. A deposit determined by the General Manager to be sufficient to pay the estimated charges shall accompany the special purpose permit application, and said deposit shall be applied to the charges for said service and monitoring. A charge for use may be imposed by a Member Agency. All use charges shall be paid by the Permittee of a Special Purpose Discharge Permit directly to the Member Agency in accordance with Article 3 of the Ordinance and pursuant to the rules and regulations of the Member Agency. 405.0 WASTEHAULER DISCHARGE PERMIT A. Wastehauler discharge permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by SAWPA. The conditions of wastehauler discharge permits shall be uniformly enforced by SAWPA in accordance with this ordinance and applicable State and Federal regulations. B. All wastehaulers proposing to discharge waste into authorized truck discharge points or disposal stations along the SARI System shall obtain a Wastehauler Discharge Permit from SAWPA or its Member Agency. 405.1 Wastehauler Discharge Permit Application A. Users seeking a wastehauler discharge permit shall complete and file with SAWPA prior to commencing discharge, and application in a form prescribed by SAWPA. This application shall be accompanied by the applicable fees. The user shall be required to submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries or clients using the user's services; September 23, 1996 26 2000-10 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of the company; Articles of incorporation; most recent Report of the Secretary of State; Business License; 3. Name and address of leaseholder of the vehicle or trailer, if applicable; 4. Number of trucks and trailers and the license numbers and tank hauling capacity of each. B. Other information may be required to properly evaluate the permit application. C. After evaluation of the data furnished, SAWPA may issue a wastehauler discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be necessary to protect the SARI System. 405.2 Wastehauler Discharge Permit Conditions and Limitations The issuance of a wastehauler permit may contain any of the following conditions or limitations: A. Limitations on discharge of heavy metals and other priority pollutants; B. Requirements for maintaining and submitting wastehauling records and waste manifests; C. Additional requirements necessary to protect the SARI System or as specified by other Regulatory Agencies. 405.3 Wastehauler Discharge Permit Fee The wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the Commission. Payment of permit fees must be received by SAWPA prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. 405.4 Permit Duration Wastehauler discharge permits shall be issued for a period not to exceed one year. September 23, 1996 27 2000-10 405.5 Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change by SAWPA during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. SAWPA's or the CSDOC's current or anticipated operating data; 3. Changes in the requirements of other Regulatory Agencies. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. SAWPA shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 405.6 Wastehauler Discharge Permit Charge for Use A charge for use to cover all costs of SAWPA for providing the disposal station service and monitoring shall be established by resolution of the Commission. September 23, 1996 28 2000-10 ARTICLE 5 MONITORING. REPORTING. INSPECTION AND FACILITIES REQUIREMENTS 501.0 MONITORING AND REPORTING CONDITIONS A. Monitoring for Charge for Use The wastewater constituents and characteristics of a discharge needed for determining the charge for use shall be submitted in the form of self-monitoring reports by the user to SAWPA, if requested. The frequency of analyses and reporting shall be set forth in the user's permit. The analyses of these constituents and characteristics shall be by a laboratory approved by SAWPA, and at the sole expense of the permittee. Only analyses approved or performed by SAWPA shall be used in the determination of the charge for use. B. Monitoring for Compliance Self-monitoring of wastewater constituents and characteristics of the discharge needed for determining compliance with any limitations and requirements as specified in the user's permit, Federal Regulations, or this Ordinance may be required by SAWPA. Monitoring reports of the analyses of these wastewater constituents and characteristics shall be in a manner and form approved by SAWPA and shall be submitted upon request of SAWPA. The self-monitoring requirement and frequency of reporting shall be set forth in the user's permit. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. Failure by the user to perform any required monitoring and/or to submit monitoring reports required by SAWPA shall be cause for SAWPA to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for any limitations and requirements specified in the user's permit or in this Ordinance. The user shall be solely responsible for any and all expenses of SAWPA in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and SamDlina Conditions A. SAWPA and/or other representatives authorized by SAWPA may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. SAWPA and/or other representatives authorized by SAWPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary arrangements to insure that personnel from SAWPA and/or CSDOC will be September 23, 1996 29 2000-10 permitted to enter without delay for the purpose of performing their specific responsibilities. C. In order for SAWPA to determine the wastewater characteristics of the discharge for purposes of determining the user charge and for compliance with permit requirements, the user is required to make available for inspection and copying by SAWPA all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those required in 40 CFR 403.12 without restriction but subject to the confidentiality provision set forth in Section 103 herein. All records are to be kept a minimum of three years. 501.2 Right of Entry Persons or occupants of premises where wastewater is created or discharged shall allow SAWPA and/or other representatives authorized by SAWPA reasonable access during the normal working day to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling. 501.3 Report of Spill A. In the event the discharger is unable to comply with any of the permit conditions due to a breakdown of equipment, accidents caused by human error or acts of God, the discharger shall notify SAWPA by telephone as soon as the discharger has knowledge of the incident. B. Confirmation of this notification shall be made in writing as soon as possible, but no later than ten (10) working days from the telephone notification. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to SAWPA or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. 502.0 PRETREATMENT FACILITIES A. User shall provide wastewater acceptable under the limitations established herein before discharging to the SARI System. Any facilities required to pretreat or transport wastewater shall be provided and maintained in proper operating condition at the user's expense. September 23, 1996 30 2000-10 B. Users may also be required by SAWPA to submit waste analyses, plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit. 503.0 MONITORING/METERING FACILITIES A. SAWPA may require the user to construct and maintain in proper operating condition at the user's sole expense, flow or constituent monitoring and/or sampling facilities. B. Any sample taken from a sample box or other representative sampling location IS considered to be representative of the discharge to the SARI System. C. Monitoring or metering facilities may be required to include a security closure that can be locked with a SAWPA provided hasp lock during sampling or monitoring. D. Location of the monitoring or metering facilities shall be subject to approval by SAWPA. E. Location of the monitoring or metering facilities shall provide clear and uninterrupted access by SAWPA. 504.0 DRAWING SUBMITTAL REQUIREMENTS A. Detailed plans of any proposed construction of pretreatment facilities, and/or monitoring/metering facilities and operating procedures shall be submitted to SAWPA for review. SAWPA approval shall be received prior to commencement of construction. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future as necessary to meet the requirements of this Ordinance or any other requirements of other Regulatory Agencies. B. SAWPA may require drawings to scale depicting the manufacturing process (waste generating sources), pretreatment facilities, and/or monitoring/metering facilities. C. SAWPA may require a schematic drawing of the pretreatment facilities. D. SAWPA may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. Sept.ember 23. 1996 31 2000-10 505.0 Spill Containment Facilities All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's expense. September 23, 1996 32 2000-10 ARTICLE 6 ENFORCEMENT 600.0 PURPOSE AND SCOPE The Commission finds that in order for SAWPA to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies as well as contractual obligations with CSDOC, and to ensure that the SARI System and the CSDOC's facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, specific enforcement provisions must be adopted to govern the discharges to the SARI System by all discharge permittees. To ensure that all interested parties are afforded due process of law and that non- compliance and violations are resolved as soon as possible, the general policy of SAWPA is that any Probation order, Enforcement Compliance Schedule Agreement (ESCA), or Regulatory Compliance Schedule Agreement (RCSA)will be determined and made by the General Manager, with a right of appeal by the permittee to the Commission. 601.0 NON-COMPLIANCE WITH PERMIT CONDITIONS AND APPLICABLE FEES A. Routine Sampling - Procedures 1. Routine sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of SAWPA. 2. Non-compliance with mass emission rate limits, concentrations, permit discharge conditions, and/or this Ordinance may be determined by an analysis of a grab or a composite sample of the effluent of a permittee. B. Routine Sampling - Non-Compliance Fees 1. If routine sampling of the effluent of a permittee reveals non-compliance by the permittee with the mass emission rates or other conditions and limitations specified in the permittee's discharge permit, or with any provisions of this Ordinance, then the permittee shall pay fees to SAWPA as specified in Article 6, Schedule A of Table II and III. The non-compliance fees shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 616 and 617. 2. The fees specified shall commence of the date the sampling is started and shall continue to accumulate for each day sampled. September 23, 1996 33 2000-10 TABLE II FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS AND MASS EMISSION RATE LIMITS Dollars per Pound Per day in Excess of Limit' Schedule Schedule Schedule HAil "B" "C" Arsenic $150.00 $300.00 $450.00 Cadmium 1 ,500.00 3,000.00 4,500.00 Chromium (Total) 150.00 300.00 450.00 Copper 150.00 300.00 450.00 Lead 120.00 240.00 360.00 Mercury 150.00 300.00 450.00 Nickel 75.00 150.00 225.00 Silver 150.00 300.00 450.00 Zinc 75.00 150.00 225.00 Cyanide (Total) 75.00 150.00 225.00 Cyanide (Amenable) 150.00 300.00 450.00 PCB's 1 0,000.00 20,000.00 30,000.00 Pesticides 1 0,000.00 20,000.00 30,000.00 Total Toxic Organics 150.00 300.00 450.00 Phenols 75.00 150.00 225.00 Dissolved Sulfides 75.00 150.00 225.00 * There is an additional $50.00 administration fee to process each non-compliance invoice. September 23, 1996 34 2000-10 TABLE III FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS AND MASS EMISSION LIMITS Dollars Per Hundred Pounds Per Day in Excess of Limit' Schedule Schedule Schedule "A" "811 "e" B.O.D. $15.00 $30.00 $45.00 Suspended Solids 15.00 30.00 45.00 Oil and Grease (Animal or Vegetable Origin) 200.00 400.00 600.00 Oil and Grease (Mineral or Petroleum Origin) 300.00 600.00 900.00 Total Dissolved Solids 20.00 40.00 60.00 Ammonia 20.00 40.00 60.00 Dollars Per Hour In Excess of Limit' pH Range Schedule "A" Schedules ns" & "C" < 1.0 $ 125.00 $ 165.00 1.0 - 2.0 1 00.00 130.00 2.1 - 3.0 75.00 100.00 3.1 - 4.0 50.00 65.00 4.1 - 6.0 25.00 35.00 > 12.0 100.00 130.00 Hourly pH non-compliance will be determined by pH recording data or grab sample(s) or hourly composite sample(s). , There is an additional $50.00 administration fee to process each non-compliance invoice. September 23, 1996 35 2000-10 602.00 PROBATION ORDER A. Grounds In the event the General Manager determines that a permittee has discharged in violation of any provision of this Ordinance, or the terms, conditions and limitations of its discharge permit, or has not made payment of all amounts owed to SAWPA for user charges, non-compliance fees or any other fees, the General Manager may issue a Probation order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. B. Provisions The issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, submittal of drawings or technical reports, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order - Non-Compliance Charges If at any time while a Probation order is in effect, a permittee discharges effluent to the SARI System which is not in compliance with the Probation Order, the terms, conditions or limitations specified in the permittee's discharge permit, or with any provision of the Ordinance, then the permittee shall pay fees to SAWPA as specified in Article 6, Schedule B of Tables II and III of Section 601.0, and the permittee may be assessed all other costs incurred during the sampling, including labor, equipment, materials and overhead. D. Probation Order - Permit Suspension If at any time while a Probation order is in effect, a permittee discharges effluent to the SARI System which is not in compliance with the Probation order, the terms, conditions or limitations specified in the permittee's discharge permit, or with any provision of this Ordinance, the permittee shall be subject to permit suspension pursuant to the provisions of Section 605 of this Ordinance. E. Probation Order - Expiration A Probation Order issued by the General Manager shall be in effect for a period not to exceed ninety (90) days. Upon satisfactory compliance with the terms of the Probation order and expiration thereof, any fees to be assessed due to subsequent non- compliance by Permittee shall be in accordance with this Ordinance, initially established at the rate set forth in Article 6, Schedule A of Tables II and III of Section 601. All enforcement actions thereafter shall be based on applicable provisions of this Ordinance. September 23, 1996 36 2000-10 603.0 ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT (ECSAI A. Grounds Upon determination that a permittee is in non-compliance with the terms, conditions or limitations specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, the General Manager may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain the terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. An ECSA shall have a maximum term of 180 days, and upon showing of good cause, including but not limited to reasonable progress under the terms of the ECSA, it may be extended by the General Manager for an addition period of not to exceed 180 days. No further extensions shall be granted except upon approval of the Commission. B. Provisions The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, or other provisions to ensure compliance with this Ordinance. C. ECSA - Payment of Amounts Owed An ECSA shall not be approved by SAWPA until such time as all amounts owed to SAWPA, including user fees, non-compliance fees, deposits or civil penalties are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by SAWPA. D. ECSA - Non-Compliance Charges If, during the term of an ECSA, sampling reveals non-compliance by the permittee with the terms, conditions or limitations specified in the user's permit, or any provision of this Ordinance, the permittee shall pay the fees as specified in Article 6, Schedule C of Tables II and III, and may be assessed all other costs incurred during the sampling, including labor, equipment, materials, and overhead. September 23, 1996 37 2000-10 E. ECSA - Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term or after expiration, the General Manager may issue an order suspending or revoking the discharge permit pursuant to Section 605 or 606 of this Ordinance. F. ECSA - Expiration If, following the expiration of an ECSA, sampling reveals non-compliance by the permittee with the terms, conditions or limitations specified in the permit, or any provision of this Ordinance, the permittee shall pay an amount based on the fees set forth in Article 6, Schedule B of Tables II and III for each violation. If the permittee remains in consistent compliance for a two-year period, then fees shall initially be established in accordance with Article 6, Schedule A, Tables II and III. 604.0 REGULATORY COMPLIANCE SCHEDULE AGREEMENT IRCSA) If at any time subsequent to the issuance of a wastewater discharge permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event SAWPA enacts revised discharge limitations, the General Manager, upon determination that an industrial user would not be in compliance with the future limitations, may require the industrial user to enter into a RCSA with SAWPA under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date. The issuance of a RCSA may contain terms and conditions including but not limited to requirements for installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance fees in accordance with Article 6, Schedule A of Tables II and III. Upon RCSA expiration, and in the event of non-compliance by permittee, non-compliance fees shall initially be established in accordance with Article 6, Schedule A of Tables II and III. Enforcement actions thereafter will be based on applicable provisions of this Ordinance. September 23, 1996 38 2000-10 605.0 PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Violated a Probation Order; 2. Knowingly provides a false statement, representation, record, report, or other document to SAWPA; 3. Refuses to provide records, reports, plans, or other documents required by SAWPA to determine permit terms, conditions, or limitations, discharge compliance, or compliance with this Ordinance; 4. Falsifies, tamper with, or knowingly renders inaccurate any monitoring device or sample collection method; 5. Fails to report significant changes in operations or wastewater constituents and characteristics; 6. Fails to comply with the terms and conditions of either an ECSA or RCSA; 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring; 8. Does not make timely payment of all amounts owed to SAWPA for user charges, non-compliance fees, or any other fees; 9. Violates any condition or limitation of its discharge permit or any provision of this Ordinance. 10. Discharges batch dumps to the SARI System. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for permit suspension, he shall give written notice thereof to the permittee. The notice shall set forth the time and place where the charges shall be heard by the General manager or his designed. The hearing date shall not be less than five (5) working days from the mailing of such notice by certified mail to the permittee. September 23, 1996 39 2000-10 1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by SAWPA's General Council. 2. Within fifteen (15) working days after the hearing, the General Manager shall make his written determination and should he find that grounds exist for permit suspension, he shall suspend the permit until such time as it is demonstrated that grounds no longer exist for permit suspension. C. Effect Upon the issuance of an order of suspension by the General Manager, the permittee shall have no right to discharge any wastewater, directly or indirectly to the SARI System for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee. 606.0 PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to SAWPA; 2. Refuses to provide records, reports, plans, or other documents required by SAWPA to determine permit terms, conditions, or limitations, discharge compliance, or compliance with this Ordinance; 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method; 4. Fails to report significant changes in operations or wastewater constituents and characteristics; 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or Probation Order; 6. Discharges effluent to the SARI System while its permit is suspended; 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring; September 23, 1996 40 2000-10 8. Does not make timely payment of all amounts owed to SAWPA for user charges, non-compliance fees, or any other fees; 9. Violates any condition or limitation of its discharge permit or any provision of SAWPA's Ordinance; 10. Discharges a batch dump to the SARI System; 11. Discharges effluent that causes pass-through or interference with SAWPA's or CSDOC's collection, treatment, or disposal systems. B. Permit Revocation Hearing When the General Manager has reason to believe that grounds exist for the revocation of a permit, he shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with a description of the time and place where the charges shall be heard by he General Manager. The hearing date shall not be less than fifteen (15) days nor more than forty-five (45) days after the mailing of such notice. 1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by SAWPA's General Counsel. 2. After the hearing, the General Manager shall make his determination, and should he find that grounds exist for permanent revocation, he shall issue his decision to revoke the permit, which shall be reduced to writing within thirty (30) days after the hearing, and shall contain a brief statement of facts found to be true, the determination of the issues presented, findings and the order of the General Manager. A copy of the written decision shall be mailed or delivered to the permittee or its legal counsel. C. Effect 1. On the effective date of an order of revocation being final, the permittee shall permanently lose all rights to discharge any wastewater directly or indirectly to the SARI System. All costs for physical termination shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. September 23, 1996 41 2000-10 607.0 WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS A wastehauler's non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent specified in the wastehauler's discharge permit. If the discharge of a wastehauler is found by the analysis to be in excess of the concentrations specified in the wastehauler's discharge permit, the wastehauler shall, after receiving a demand from SAWPA, identify in writing, all sources of the discharge. If it can be proven to the satisfaction of the General Manager that the discharge is of septic tank/cesspool or non-industrial origin, then SAWPA may elect not to accept waste from that particular source. If the discharge is in violation of the wastehauler's discharge permit requirements, the following shall apply: SAWPA may recover its costs incurred in processing notices of violation and in performing sampling, monitoring, or laboratory analysis related to any violations of the Ordinance or Permit by any User. Non-compliance costs shall be in addition to and not in lieu of any civil or criminal liability specified in this Ordinance. 608.0 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. When a discharge of wastes causes an obstruction, interference, damage, or any other impairment to the SARI System or CSDOC's facilities or to the operation of those facilities, SAWPA may assess the costs against the discharger for the work required to clean or repair the facility together with expenses incurred to resume normal operations, and shall be grounds for permit revocation. A service charge of twenty-five percent (25%) of SAWPA's costs shall be added to the costs and charges to reimburse SAWPA for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of invoicing by SAWPA. B. If it can be shown that the discharge is the cause of SAWPA or CSDOC violating its discharge requirements established by any Regulatory Agency or incurring additional expenses or suffering losses or damage to the facilities, then that discharger shall be responsible for any costs or expenses incurred by SAWPA or CSDOC including assessments made by other agencies or a court. September 23, 1996 42 2000-10 609.0 PUBLIC NUISANCE Discharge of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorized by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person crating a public nuisance is guilty of a misdemeanor. 610.0 TERMINATION OF SERVICE SAWPA, by order of the General manager, may physically terminate sewerage service to any property as a term of any order of suspension or revocation of a permit. All costs for physical termination shall be paid by the permittee as well as all costs for reinstating service. 611.0 EMERGENCY SUSPENSION SAWPA may, by order of the General Manager, suspend sewerage service when such suspension is necessary, in order to stop an actual or impending discharge which presents or may present an eminent or substantial endangerment to the health and welfare of persons, to the environment, causes interference to the SARI System or causes SAWPA to violate any local, State or Federal law or regulation. An Emergency Suspension order is final and not appealable. . 612.0 INJUNCTION Whenever a discharger of wastewater is in violation of or may potentially violate the provisions of this Ordinance, the discharger's permit conditions, or any Federal Pretreatment Standards or Requirements for dischargers, as set forth in 40 CFR Section 403.8 et. seq., or fails to submit required reports or refuses to allow SAWPA entry to inspect the premises, SAWPA may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent violations by the discharger. 613.0 CIVIL PENALTIES A. Ordinance Any person who violates any provIsion of this Ordinance; any permit condition, prohibition or effluent limitation; or any suspension or revocation order, may be liable civilly for a penalty for each day in which such violation occurs. The General Counsel of SAWPA, upon order of SAWPA's Commission, shall petition the Superior Court to impose, assess and recover such penalties. September 23, 1996 43 2000-10 Civil penalties may be assessed as follows: (a) In an amount which shall not exceed two thousand dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports; (b) In an amount which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedules established by SAWPA; (c) In an amount which shall not exceed five thousand ($5,000) per violation for each day of discharge in violation of any waste discharge limit, Permit condition, or requirement issued, reissued or adopted by SAWPA; (d) In any amount which does not exceed ten dollars ($10) per gallon for discharges in violation of any Permit suspension, Permit revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by SAWPA. 614.0 CRIMINAL PENALTIES Any person who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000, or imprisonment for not more than thirty (30) days, or both. Each day in which a violation occurs shall constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 615.0 APPEALS TO THE COMMISSION OF SAWPA A. Right to Appeal If the General Manager determines to revoke a permit, or to uphold an order of permit suspension, the permittee may, within fifteen (15) days after the date of notification of the General Manager's order upholding the original determination, file a written appeal to the Commission of SAWPA, accompanied by an appeal fee of $100 which shall be refunded if the Commission reverses or modifies the order of the General Manager. Pending the hearing on appeal, the permittee shall not be entitled to discharge to the SARI System beyond the effective date of the original Order of Revocation or suspension. September 23, 1996 44 2000-10 616.0 PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of $1 ,000.00. 2. Ninety (90) days after date of invoice, a total penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of $4,000.00. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided SAWPA receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during SAWPA's review of any appeal submitted by permittees. 617.0 RECOVERY OF COSTS INCURRED BY SAWPA In the event permittee fails to comply with any of the terms and conditions of SAWPA's Ordinance, a probationary order, a permit suspension or revocation, an ECSA or a permit issued hereunder, SAWPA shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. 618.0 PUBLISHED NOTICES In accordance with the requirements of Federal SAWPA shall annually cause to be published the names of all industrial users in significant non-compliance. Upon a minimum of a thirty (30) day notification to the permittee, said publication shall be in the newspapers of the largest daily circulation published in SAWPA's service area. September 23, 1996 45 2000-10 619.0 JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, SAWPA hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. 2. Complete Record shall mean and include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of SAWPA or its officers or agents, all written evidence, and any other papers in the case. 3. ~ shall mean a person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of SAWPA or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. Preparation of the Record The complete record of the proceedings shall be prepared by a SAWPA officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefor. SAWPA may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. September 23, 1996 46 2000-10 E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. Notice In making a final decision, SAWPA shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. September 23, 1996 47 ,----~ 2000-10 ARTICLE 7 MISCELLANEOUS 701.0 SEVERABILITY If any provision, clause, sentence or Paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. 702.0 EFFECTIVE DATE This ordinance shall take effect on November 1, 1996. Upon the effective date of this Ordinance No.3, Ordinance NO.1 (Revised) adopted on the 12th day of June 1990, shall be repealed. Adopted this 8th day of October, 1996. SANTA ANA WATERSHED PROJECT AUTHORITY By September 23, 1996 48 2000-10 ORDINANCE NO. 1997-1 AN ORDINANCE OF THE SANTA ANA WATERSHED PROJECT AUTHORITY AMENDING ORDINANCE NO.3 REGULATING THE AVAILABILITY AND USE OF THE SANTA ANA REGIONAL INTERCEPTOR SYSTEM The Commission of the SANTA ANA WATERSHED PROJECT AUTHORITY hereby ordains as follows: Section No.1: Article 209.0 (B) (5) is amended to read as follows: "Having a BOD greater than 15,000 pounds per day or exceeding a 30 day BOD average of 10,000 pounds per day. All BOD and TSS discharges in excess of a specified strength are subject to a surcharge fee established annually by Resolution of the Commission. Said Resolution establishes the threshold wastewater strengths and surcharge fees therefor." Section No.2: Article 201.0 (D) is added to read as follows: "Except as provided in Article 406, no discharger shall exceed, on a monthly average basis, its wastewater discharge contract right in the SARI System. Whenever a discharger's monthly average flow exceed the discharger's then- existing treatment and disposal rights, the discharger shall promptly acquire sufficient additional treatment and disposal capacity in the SARI System such that the discharger's total treatment and disposal capacity right exceeds . that monthly average flow." Section No.3: Article 406.0, entitled "Operational Emergency Discharge" is added to read as follows: "Notwithstanding the provisions of Article 201.0 (D), if, due to an operational emergency, the discharger must discharge in excess of its then existing treatment and disposal right, the discharger may do so for a period not to exceed ninety (90) days without incurring the obligation to acquire an additional treatment and disposal right, provided that the discharger fully complies with the provisions of this Article 406 and all other provisions of this Ordinance. 2000-10 A. As used herein, 'operational emergency' shall mean an equipment breakdown or other malfunction which necessitates the discharger's release in excess of its then-existing treatment and disposal right. B. Prior to or by the next business day following the commencement of the emergency discharge the discharger shall provide written notice to SA WP A identifying (1) the nature of the emergency requiring the excess discharge; (2) the anticipated duration of the excess discharge; and (3) the name of the discharger's employee whom SA WP A may contact for further information. C. SAWPA may impose on the discharger such conditions as are appropriate and necessary to protect SA WP A's facilities and interests. D. In addition to the payment of volumetric charges for the entire daily flow, the discharger shall pay a surcharge on the flow exceeding the discharger's then-existing treatment and disposal right. The surcharge shall be applied to the excess flow and be calculated at 100% of the then-current volumetric charge. E. If, upon expiration of the ninety (90) day period, the discharger's monthly average flow continues to exceed the discharger's then- existing treatment and disposal right, the discharger shall immediately acquire additional increments of treatment and disposal right sufficient to exceed the discharger's monthly average flow." Section No 4: This Ordinance shall take effect on February 1, 1997. Adopted and enacted this 14th day of January 1997. ,- 2000-10 EXHIBIT '4' TRANSFER PROPERTY 2000-10 When Recorded Mail to: San Bernardino County Flood Control District 825 E. Third Street San Bernardino, Ca 92415-0835 ATTN: R1WEngineer Mail Tax Bill To: Same as above Parcel No.: 62 GRANT DEED Deed Plat No.: 2.700/60 Doc#: 2D956/01005 APN: 260-081-01(ptn) Date: JULY 30, 1996 Project: SANTA ANA RIVER SYS. Dept. Code: 11600 FORA VALUABLE CONSIDERATION, receipt,ofwhich is hereby acknowledged, SANTA ANA WATERSHED PROJECT AUTHORITY hereby GRANTS to the San Bernardino County Flood Control District, a body corporate and politic, the following described property in the City of Colton, County of San Bernardino, State of California: SEE ATTACHED EXHIBIT "A" SANTA ANA WATERSHED PROJECT AUTHORITY Date: By: Date: By 2000-10 EXHIBIT "A" A portion of that part of Lot 39, according to Map of Subdivision of the 8andini Donation, as per plat recorded in Book 3 of Maps, page 24, Official Records of San Bernardino County, said part described in docurnent recorded July 17, 1990, as Instrument Number 90-279359, Official Records of said County, said part shown on Record of Survey recorded in Book 100, page 24 of Records of Surveys of said County, said portion being all of said part lying within a 1030.00 foot wide strip of land being 505.00 feet Northerly from and 525.00 feet Southerly from the following described line: BEGINNING at a point in the Westerly line of Rancho San Bernardino as per plat recorded in Book 7 of Maps, page 2, records of said County, distant North 19036'20" West along said Westerly line, 2083.09 feet from a one-inch pipe marking that certain corner of said Rancho San Bernardino commonly known as R.S.B. NO.2; Thence Northwesterly 902.41 feet along a non- tangent curve, concave to the Northeast, having a radius of 2000.00 feet and a central angle of 25051 '08", the beginning tangent thereof bearing North 84006' 56" West; Thence North 58015'48" West, 1542.71 feet; Thence Westerly 5321.53 feet along a tangent curve, concave to the South having a radius of 2950.00 feet and a central angle of 103021 '22"; Thence South 18022'50" West, 2713.73 feet; Thence Southwesterly 1534.19 feet along a tangent curve, concave to the Northwest, having a radius of 5000.00 feet and a central angle of 17034'50"; Thence South 35057' 40" West, 3253.02 feet to the point of termination in the centerline of Riverside - Rialto Road (a 66.00 foot wide street), distant along said centerline South 12057'07" East, 4753.39 feet from the intersection thereof with the centerline of Agua Mansa Road (a 60.00 foot wide street). The outside boundaries of said 1030.00 foot wide strip shall be prolonged or shortened as necessary to begin and end in the sarne lines as said centerline begins and ends. Containing 1.79 Acres more or less. Santa Ana River Parcel 62 APN 260-081-01 [PTN) 20956/01005 June 30, 1996 , /.,\l \ ~ Ii" R.A. "'1DeE ~" Ie(. ERW/\ ~ ...,.... / ,~ ,'.' ........ .............. .... .. I VA-"'-.. >., 'I. ..... '" ^' X\ '" '? _ ~ 1j0 ------ / '10 / /' 6.1< 7556/75 / q D 3.11 ,4e - MOST SLy OR 9/I:z.L!!-2t- R..~O~Nf!,ON eM. ,i"1 3/ ~cID,-:2r/JC' ~// /--J~~~ / J. ~'IJ UL --;;;; f A':. ., 7CO/bO ><", '\ l) D J,79.5e", of.' Jua;/ <{,'- '\~. ~ . { "vi..... . "'::" \S05', ~ ,.,',', ,- .' :. .' :. ">:', ',' . l', .~.... ._____~ ".. ..'.' ----- ..; ...,: c..... . .' . . " . , " '. ~,". ,'/',"';' - 'j" . ...../.. . : '.' Seal"" /~ 600' 2000-10 See dso LJP 2. 700/14 1/7 LI/7t?/7 /lIe! ....-. ..:.:..~.; / I / / , I I / / / :.:::: ..... '\( / '-. d.::' / '- .... ..... / ~i~ /VS';';>56-?O'W-7~5.5' "'1'9- /r N55"of,o''E-B93' ~:Q; -- -_ -A ,30 1-5'.. '/ v- (j) -~~: \ I i 6 7:25, 2000-10 See ",lstJ L2P 270tl/14 //7 L//lC'/7 /lIe! ,........:..\.. .:.:..,:' . .... ....';,.' -.......... ~;';; , . . ," ~'.', .. " ,.; ....: ,'..[;.... . ~..:.),(.>. ... .......,-. ','j :;-',-,_. / .. _J' "i / " ....,'. / SCii'/e j'b. 600' " , ! ,/ {, 1q~' ~ I .~ \"':;'~ . / ~ "tl:):, / ~ :. \ / 0" ~~ ~~ '...... R.A. \,!L1CE -'""~ q<et!; I . '<:~ I N:U "'56 'cOJr.7..:>.55 , ~;.,. r ~N55QO.f"O';E'1J.93' '\:,11{ -- -- -1_.30 '..i'/ v - Q) _ ~!S~ '\ I 167.25. I A < /9 QOo' 00" R;:9.,o' l ~.J13...36\ .:;::'~...$' .s:-..:9:-:>&~ ~--?c:"""""2c: ../40\ ?'~ '/..- \V r::;- -?'.~<" ~".~ SANlA ANA P/VEP Por. JUPUPA RANCHO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ',-. REVISIONS OWN. BY .1\ f1J.r. G2- e/Ii;/~L-, ~ DATE 9"4-63 u. ',' FILE NO. . . 2.700//2 r 2000 10 ~ /~)" ;;r "- ()~ c( y" ~) ) I (~) ( Cl7 SEE D P . . 2.100/60 @ I \ \ \ \ \ \ NOO"OI'2q"E '11.15' \ tll.:do2G 111"1 [I rnad~ , N60"33'3q"E ( Rod) R=150.o0' D. -460 - 48'50" L= 122.56 ';-... Cly \ \ \ \ \ \ \ \ \ :S;, (~ ~/ o ~ (?:/ ~> (?:/ I '.J I I I 1- I~ I~ Ill) I~ I ~ IlD lei I~ I / ~~'v /1 yo / / I)... I~ 1 1 1 1 c? 1'::;) II~ol @ o .R-, . 556 3.;-, /-'95 4c.:i' II ~I . ,\\,O'?f"V! 0 :;; JJ ~/ljJ (:] 'f I..., 1 Cj }:: 1 n'< }:: 1 0-- 1 FY / ry' ory 1 '::/ (/) ;:...1 (/)1 r'il ~ :J: ;:::: ~ 1 c9 ![J 0> (!--,> <. @ " \ , , , a.R . 9/ 1'::!6 35//::!6 4c.:i' 9 1"- J ' J ' , J ~~, I ~-:Y.}..}..' J ~ C'OC'O~, ;.::>-~ '-' 'Vz /' ~o"> ..$:'<3 0;',= -:y'v, -, ~ 2000-10 ~ /~)') -;;,-r \;\ cJ q) <.,) I (""!.) q;) SEE D.P. 2.100/60 / @ \ \ \ \ \. NOOOOI'2q"E~ N60G3;'3C1"E (Rod) '\ QI.,5' - \ 1 Ro 150.00' tl-'/lo2('11"II(R_._J) . 6.=46048'50" R03415.00' 1;1 Lol2256 to 000.010'41" I \ L.IQ.qO' I I \ I \ " \ ,I I \ I ~ \ I \ \ I l/:~ ! / ofY I I ~ !::/ Ill) D? / "If) I I~ ~ '01 ~ I %/ !; : ~ lGiB\ 10 l~o,?~/\EJ I I %'?r0~1 / 0 I / K, . ,\\.0 ::t: / ~ i) \. I 'v ~_ /1 -~ \/ / ~ 0J I / I)... "<1'" 1'( \'iJ I " / I'! ~/ ({: 1 --..V / ~ //~ I 'Q I I ); I '( I FiY' 3 Ct)' I IV C"'; I oIV --'c ,,-' ISOS r:"",)~ <3 -v". 00 If).J ~> ~//. I . I ;;>, I 09, I '----------7 !. / / ~&" ~<3:1~~ 6~ ~ tv 0 I .~, \ !V'YI . o j{} Ii ~ \\'1- / !::'t:t I <i:J I ~0;.pO / U) ( ry ",0.. ~::z.. 0\\'7 ..?o . I \. Q' Of;'" .00. I /0 I !Ii ,,"",0' "<1'" ti " "'--1'1- 1iY)&- ,.::: .. "" I /1 :'if:; <- I Scole 11"=200' ..?/~>" .1" / 1IV 0/ ~r'h ~0.1a " ~ ~O~$> "- '9',.5', ')(, ___ Most Southerl~ Corner of &/" Intstrument No. QQ-21q35q, QR .ty ,... ,,\,.\ '1/ S;, ~y -.:s; ~(" ~' (2) , te)' \ cY >..::; [TI (/)' @ @) \ \ \ \ ~ I \ \ I \ I '1,'( \ * I 9;~)"').... '\. 'lfs-/'5< I I O,s CCo \ ,s.>& 11 I '?~~'\> \ 'S",'3, / 69' rfi'" ($:>" / / \ \ @ \ \ \ \ \ \ \ \ \ \ \ 0".755 3./7 6/795 .-<\c.t 0-,' <, \ 0.". 9/3 /':;>6 5/1:;>69 "'c~ / / / / / / \>, " 9 ~ " " -;-; " >0 0. SANTA ANA lRrVJER Par. BANDINI DONATION Book 3 of Mops, page 24 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REVISIONS OWN BY OATE LS 7-/tJ--'16 FILE NO. 2.100/60