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Home My WebLink About1993-013 1 RESOLUTION NO. 93-13 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A INTER-JURISDICTIONAL DISCHARGE AGREEMENT WITH THE 3 CITY OF RIALTO RELATING TO DISCHARGE OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO RIALTO'S SEWAGE COLLECTION SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION I. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, a Inter-Jurisdictional Dischrage Agreement with the City of 9 Rialto, relating to the discharge of wastewater from five homes 10 on Eucalyptus Avenue (East Side), south of Birch Street, into 11 Rial to I s sewage collection system, a copy of said agreement is 12 attached hereto, marked Exhibit "A" and incorporated herein by 13 reference as fully as though set forth at length. 14 SECTION 2. This agreement and any amendment or modifica- 15 tions thereto shall not take effect or become operative until 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized. 20 SECTION 3. This resolution is rescinded if the parties 21 to the agreement fail to execute it within sixty (60) days of the 22 passage of this resolution. 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 10/21/92 RES 93-13 RESO:' ,AU~HORIZING EXECUTION OF INTER-JURISDICTIONAL DISCHARGE AGREEMENT WITH CITY OF RIALTO. 1 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular 20th day of Januarv 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 day The foregoing o tG ~YJ \A \"- \o.,~, \ Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 meeting thereof, held on the 3 , 199~, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x -- x x x x x tu....JuL UfJ-l'fC. hel Clark, City Clerk resolution is hereby approved this c::> , 1991l::. - 2 - , (~<~:>, \?, INTER-JURISDICTIONAL DISCHARGE AGREEMENT between THE CITY OF RIALTO AND THE CITY OF SAN BERNARDINO GOVERNING THE COLLECTION, CONVEYANCE AND DISPOSAL OF WASTEWATER AGREEMENT This Agreement is made and entered into this ____ day of ___ , 1992, by and between the CITY OF RIALTO, as the publicly owned treatment works (POTW), hereinafter referred to as "Rialto" and the CITY OF SAN BERNARDINO, as the contributing jurisdiction, hereinafter referred to as "San Bernardino", both parties being municipal corporations located in the County of San Bernardino. RECITALS Whereas, the city of Rialto operates and owns a sewage treatment and sewerage collection and conveyance system; and Whereas, the city of San Bernardino wishes to utilize this wastewater collection and conveyance system for the disposal of a portion of its sewage generally originating in the vicinity of Eucalyptus Avenue and Birch Street, more specifically from five (5) residential - owner/occupied homes; and Whereas, the city of Rialto and the City of San Bernardino wish to enter into an interjurisdictional sewer agreement in orde~ to comply with the state and local regulations; and Whereas, the city of Rialto has passed and adopted Ordinance No. 859, dated 1982, regulating the discharges of wastes into the wastewater systems of the city of Rialto; In consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. CONDITIONS FOR DISCHARGE A. San Bernardino shall designate an appropriate official or employee to review, on a quarterly basis, all pertinent records (e.g., connection permits, business_licenses, water consumption records) to determine whether an industrial user will be locating within the area serviced by the Rialto sewer system. If a prospective industrial user is identified, San Bernardino shall report this fact to Rialto. San Bernardino shall provide access to these records for independent verification by Rialto. 1 RES 93-13 B. Rialto shall permit wastewater originating from San Bernardino, within the boundaries defined above to be discharged by way of the sewerage system owned by Rialto provided that all the provisions of this Agreement and Chapters 12.08 (Sewer System), 12.22 (General Provisions), 12.24 (Prohibitions and Limitations on Wastewater Discharges), 12.26 (Wastewater Discharge Permits), 12.28 (Control of Prohibited Wastes and Wastewater), and 12.30 (Enforcement and Penalties), of the Rialto Municipal Code are complied with. C. All sewer connections to be made to the San Bernardino sewerage facilities within the defined boundaries of this agreement shall be approved in writing by Rialto's city Engineer prior to connection. D. San Bernardino must submit to Rialto a written request for each new interagency connection point which shall include the following: a plot map of the area to be served including the distance to the proposed connection point; the current zoning and acreage of each of the zoned regions of the area; the percentage of existing development in each zoned region; the current average and peak flow and wastewater quality from the total proposed area; and the projected maximum peak and average flows from the total area at build out. E. Rialto shall have the right to deny a request for connection to Rialto's sewer system for any reason. F. San Bernardino or other parties desiring to connect to Rial to's sewerage system must construct, at no expense to Rialto, all sewer facilities necessary to convey the sewage from the San Bernardino area to Rialto's sewerage system. Rialto shall determine the need for any monitoring facilities for each sewer connection. All construction plans for connections to Rialto's sewerage system must be approved by Rialto's City Engineer. Final construction will be inspected and approved by the city of Rialto where the improvements are constructed within Rialto's city limits. All improvements, if any, constructed to provide for wastewater monitoring (e.g., monitoring manhole) shall be inspected and accepted by both' entities prior to discharge of wastewater into Rialto's community sewer system. G. All nondomestic wastewater dischargers wishing to discharge to the community sewer system shall conform to, and shall be bound by, all of the requirements contained in Title 12 of the Rialto, Municipal Code relating to restrictions on the use of the community sewer system and including payment of all applicable fees. said 2 I, , RES 93-13 wastewater dischargers shall further be bound by all provisions of the San Bernardino Municipal Code, the California State and Federal laws, and all rules and regulation enacted in pursuance thereto governing said wastewater dischargers. No person shall discharge nondomestic wastewater into the Rialto community sewer system unless such person holds a valid industrial wastewater discharge permit issued by the city Engineer of Rialto. H. San Bernardino shall allow any authorized officer or employee of Rialto to enter and inspect at any reasonable time any part of the sewer system under the jurisdiction of this agreement. The right of entry and inspection shall extend to public streets, easements, and property within which the above mentioned system is located. Additionally, Rialto shall be permitted, as appropriate, to enter onto private property to inspect industrial waste dischargers. I. San Bernardino shall, at their own expense, submit to Rial to, no later than 45 days from the date of the initial discharge of sewerage under this agreement, a 24 hour flow weighted composite analysis on the effluent entering the Rialto system at the connection point on Eucalvptus Avenue for all parameters and constituents listed in Title 12 of the Rialto Municipal Code, and shall agree to submit to Rialto a similar analysis every six (6) months on May 1 and November 1 of each year. The Rialto city Engineer or his designated representative may, determine a lesser level of monitoring dependent upon the type of discharge received from San Bernardino. J. The water laboratory used by San Bernardino for the monitoring and analysis work shall be pre-approved by Rialto on an annual basis, and a copy of all intercity connection point monitorings shall be sent to Rialto directly from the laboratory, and the laboratory must comply with Environmental Protection Agency (EPA) standards for chemical analysis. K. If the connection point is to be eliminated, San Bernardino shall be required to abandon the intercity connection to current Rialto standards, on the San Bernardino side of the city boundary lines at no expense to Rialto. L. Rialto shall collect all applicable sewer fees from each property in the same manner and at the same rates as fees collected for sewer service within Rialto. M. San Bernardino shall notify Rialto of any growth in the 3 < &Eli 93-13 sewered area and agree to let Rialto enforce their Pretreatment Program in the sewer area tributary to the Rialto system, 40 CFR 403.8(f) (2) (i). N. After Rialto has given its approval for any user within San Bernardino's jurisdiction to connect, San Bernardino shall not authorize such user to commence discharge until provision has been made between Rialto and San Bernardino to oversee the user I s compliance with all applicable federal, state, and local discharge requirements. O. Rialto agrees to accept and deliver to the Treatment Works all sewage discharged interagency connection point. Publicly Owned through this P. Rialto shall have the right to stop the sewer flow or eliminate the intercity connection point if any of the terms herein are violated, but Rialto must notify San Bernardino in writing of the intent to abolish the connection point and establish a date and time for terminating the connection. 2. INDEMNIFICATION Neither Rialto nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to RIALTO under this Agreement. It is also agreed that, pursuant to Government Code 5895.4, SAN BERNARDINO shall fully indemnify and- hold RIALTO harmless from any liability imposed for injury (as defined by Government Code 5810.8) occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to RIALTO under this agreement. Neither SAN BERNARDINO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RIALTO under or ~n connection with any work, authority or jurisdiction delegated to RIALTO under this Agreement. It is also agreed that, pursuant to Government Code 5895.4, RIALTO shall fully indemnify and hold SAN BERNARDINO harmless from any liability imposed for injury (as defined by Government Code 5810.8) occurring by reason of anything done or omitted to be done by RIALTO under or in connection with any work, authority or jurisdiction delegated to RIALTO under this Agreement. San Bernardino further agrees to indemnify Rialto in the event Rialto is required to pay any fine or other penalty which is imposed by any other governmental entity as a result of a violation, in whole or in part, of the wastewater discharge 4 " RES 9J,or<\~EEMENT: DISCHARGE OF WASTEWATER FROM THE CITY OF SAN BERNARDINO INTO RIALTO'S SEWAGE COLLECTION SYSTEM. Both San Bernardino and RIALTO mutually agree to cooperate in the enforcement of all federal, state and city laws and rules and regulations adopted and applicable to the discharge of wastewater into the city of Rialto's sewer system. cooperation shall include and shall not be limited to discontinuing the service of any discharger who violates the above mentioned laws and/or rules and regulations applicable to his discharge, including, if required by the Environmental Protection Agency or any other administrative body or court of competent jurisdiction, the amendment of this agreement. The indemnification prov1s1ons herein are personal and exclusive to the contracting parties in accordance with any rights granted, and subject to the extinguishment of any such rights, under the terms of this Agreement. Nothing contained in this agreement shall create, in whole or in part, any cause of action in favor of any third person or entity against either Rialto or San Bernardino. 3 . GENERAL PROVISIONS Nothing contained in this Agreement shall vest in San Bernardino any ownership or right, title,or interest in or to any of Rialto's facilities other than the contractual right for San Bernardino to discharge wastewater to Rialto's facilities. This Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have caused this instrument to be officially executed and attested by their duly constituted officers. APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN CITY ATTORNEY CITY OF SAN BERNARDINO / to<.A'-J..o....-/ CITY IF SAN BERNARDINO BY: APPROVED: / .I // ATTEST: 5 RES 93-13 INTER-JURISDICTIONAL DISCHARGE AGREEMENT APPROVED AS TO FORM AND LEGAL CONTENT: ROBERT A. OWEN CITY ATTORNEY CITY OF RIALTO BY: APPROVED: MAYOR, CITY OF RIALTO ATTEST: CITY CLERK, CITY OF RIALTO 6