HomeMy WebLinkAbout2007/07/17 Item 4
CITY COUNCIL
AGENDA STATEMENT
Meeting Date: 7/17/2007 Item3-
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROVING THE PLAN AND
SCHEDULE FOR THE PREPARATION OF A SEWER
SYSTEM MANAGEMENT PLAN FOR THE CITY OF CHULA
VISTA IN ACCORDANCE WITH THE STATE WATER
RESOURCES CONTROL BOARD (SWRCB) WASTEWATER
DISCHARGE REQUIREMENTS ORDER # 2006-0003-DWQ.
CITY ENGINEER ~ ~ ./
CITY MANAGER ~y
ITEM TITLE:
4/5THS VOTE: YES D NO 0
BACKGROUND
On May 2,2006 the SWRCB adopted Wastewater Discharge Requirements (WDR) Order #2006-
0003-DWQ. This order mandated all federal and state agencies, municipalities, counties, districts,
and other public entities that own or operate sanitary sewer systems greater than one mile in length
that collect and/or convey untreated or partially treated wastewater to a publicly-owned treatment
facility in the State of California develop and implement a system-specific Sewer System
Management Plan (SSMP). Recently, the SWRCB further clarified the terms of this Order and
now requires all these agencies to obtain their governing board's approval of the SSMP
Development Plan, Schedule and final SSMP prior to certification as complete and in compliance.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because the action
involves only the approval of the plan and schedule for preparation of the Sewer System
Management Plan; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA.
RECOMMENDATION: That Council approve the Resolution approving the Plan and schedule
for the preparation of a SSMP for the City of Chula Vista in accordance with the SWRCB
Wastewater Discharge Requirements Order # 2006-0003-DWQ.
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BOARDS/COMMISSION RECOMMENDATION:
Not Applicable.
DISCUSSION
On May 2, 2006 the SWRCB adopted Wastewater Discharge Requirements (WDR) Order #2006-
0003-DWQ (see Attachment 1). This order mandated all federal and state agencies, municipalities,
counties, districts, and other public entities ("enrollees") that own or operate sanitary sewer
systems greater than one mile in length that collect and/or convey untreated or partially treated
wastewater to a publicly-owned treatment facility in the State of California to comply with the
terms of this Order.
The Order also stated that to facilitate proper funding and management of sanitary sewer systems,
each enrollee must develop and implement a system-specific Sewer System Management Plan
(SSMP). To be effective, SSMPs must include provisions to provide proper and efficient
management, operation, and maintenance of sanitary sewer systems, while taking into
consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a
spill response plan that establishes standard procedures for immediate response to a Sewer System
Overflow (SSO) in a manner designed to minimize water quality impacts and potential nuisance
conditions.
Subsequently, in March 2007, staff presented an Informational Memorandum to Council, which
outlined the City's plan and schedule for compliance with this Order. However, the SWRCB
recently clarified this Order and now requires all enrollees to obtain their governing board's
approval of the SSMP Development Plan and Schedule and final SSMP prior to certification as
complete and in compliance.
Order Requirements
The Order primarily requires agencies to complete the following tasks before the stipulated
deadlines as summarized below:
WDR
SECTION
REFERENCE
B.I
G
N/A
D.13
D.13
D.13
D.13
D.13
D.13
Task Summary
DUE DATE
November 2006
November 2006
Au ust 2, 2007
November I, 2007
November 1,2008
November I, 2008
and November I, 2008
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Meeting Date 7/17/2007
WDR
SECTION Task Summary DUE DATE
REFERENCE
installation Standards for sewer infrastructure
D.13 Evaluate system for hydraulic deficiencies May 1,2009
D.13 & 14 Prepare and CertifY the SSMP May 1, 2009
D.13 Periodically conduct internal SSMP Program audits based on At least bi-annually
svstem size and SSOs
D.14 Update SSMP Every 5 years
G.3 Update the collection system questionnaire Annually
I. Compliance Status
Application for coverage under the WDRs
The City has complied with the first element of the WDR - the filing of a Notice of Intent (NOl)
to comply. The application was submitted in August 2006 prior to the November 2006 deadline.
Establish a Monitoring and Reporting Program
The WDR has a provision that requires all sanitary sewer districts within the region to uSe the
California Integrated Water Quality System (CIWQS) online reporting software. The CIWQS was
recently implemented by the State and Regional Water Quality Control Boards to: track
information about places of environmental interest, manage permits and orders, track inspections,
manage violations and enforcement activities and to notify the state of each sanitary sewer
overflow. CIWQS also includes an electronic Self Monitoring Report (eSMR) tool for the
submission of monitoring reports via an Internet web site. This system is part of an overall effort
by the SWRCB to integrate several disparate legacy systems, compile water quality data,
standardize permits, automate processes, and to make data more accessible to State Water Board
staff, dischargers, the public, and the U.S. Environmental Protection Agency. The City's Public
Works Operations Department is already set up on this system and City staff is utilizing this
system to report any spills that occur.
This CIWQS is quite similar to the existing software that the City had been using to report spills to
the RWQCB. For the past few years, although they were not required to, the Public Works
Operations staff has been diligently reporting spills to the Board including those that occurred on
private property. This new CIWQS reporting requirement is something the City had already been
doing as a best management practice.
Develop an Operation and Maintenance Program
This element of the WDR requires all agencies to do the following:
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Meeting Date 7/17/2007
a. Maintain up-to-date maps of the sewer system - The City has a well-developed GIS
system and document tracking system. The GIS system has very well populated layers for
various sewer facilities (i.e., sewer lines, manholes, pump stations, monitoring stations,
etc.). As new development occurs, digital maps of new facilities are uploaded into the GIS
system; this application is used extensively as a planning tool by both staff and developers.
b. Develop a Preventative Maintenance Program - The City currently has an aggressive
program for the maintenance of all sewer facilities. This involves strict adherence to a
schedule established for the cleaning of sewer lines and manholes, and servicing of pump
stations. Public Works Operations staff clean the entire 440 miles of sanitary sewer system
once a year, with certain lines classified as "high priority" being cleaned at least once
every two months.
c. Development of a Rehabilitation and Replacement Program - The City has a
comprehensive rehabilitation and replacement program that is driven by a video
monitoring program. Staff using specialized televising equipment evaluates the condition
of approximately 500,000 lineal feet of the City's total estimated 2,513,280 lineal feet (476
miles) of pipes annually. The data gathered through this process is reviewed and then used
to drive decisions regarding which pipes need to be rehabilitated through lining or
replaced. This effort is funded annually through an on-going sewer rehabilitation program
included in the City's CIP program.
Through the implementation of these programs, the City has developed an efficient and
comprehensive Operation and Maintenance Program.
Develop and follow an SSO Emergency Response and Reporting Plan
The Public Works Operations Department already has a Sanitary Sewer Overflow (SSO)
Emergency Response plan, and has been following this plan and the necessary notification of the
Regional Water Quality Control Board as part of the existing Regional Water Board Order #96-04.
Develop a Fats, Oil, and Grease (FOG) Control Program
The WDR requires all agencies that operate a collection system to implement a Fats, Oil and
Grease (FOG) monitoring program. The primary purpose of this program is to reduce the amount
of FOG introduced into the sanitary sewer system by consumers and businesses. In addition, the
FOG program also requires each agency to adopt an enforcing legal instrument (i.e., Ordinance,
resolution, policy, etc).
Although the City of Chula Vista's Municipal Code currently has provisions that address this
issue, staff is in the process of developing a more comprehensive FOG program. The Municipal
Code specifically requires all Food Service Establishments (FSE) to install a grease pre-treatment
devise on the sewer lateral, which connects their facility to the City's wastewater collection
system. This requirement is currently being implemented for new construction. Staff is in the
process of surveying operators of existing FSEs (see Attachment 2) to determine if there were any
existing FSEs that do not have any pre-treatment device in accordance with the Municipal Code.
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Staff is proposing to implement this FOG Program through a multi-phased process of information
gathering, education and targeted code enforcement. Staff will be working closely with the
primary grease generators (i.e., restaurants) that contribute flow to the lines that are considered
"high priority" cleaning lines. The successful implementation of this program will reduce
maintenance costs and may even lessen treatment costs since the City's cost for wastewater
treatment is dependent on the quantity and quality of the effluent. In addition, staff is
investigating a variable rate structure to address facilities requiring enhanced maintenance.
Create/Update design, construction, inspection, testing and installation standards for sewer
infrastructure
One of the most important components of infrastructure management is a clear definition of the
procedures and standards for the design, construction, inspection, testing and installation of new
facilities (i.e., sewer lines, pump stations, and other related appurtenant structures). The WDR
requires agencies to develop and adopt these standards as an important element of their overall
strategy for maintaining their infrastructure. The City currently has adopted standards and
procedures (i.e., Chula Vista Subdivision Manual, Chula Vista Design Standards etc.) that are
consistent with the WDR.
Evaluate the system for hydraulic deficiencies
This element of the WDR requires agencies to: establish a process for evaluating the capacity in
the collection system, maintain a capacity assurance plan for peak dry and peak wet weather flow
conditions and develop required capital improvements with a schedule.
The City recently completed its Wastewater Master Plan, which was prepared concurrently with
the General Plan Update. A component of that project was the development of a hydraulic model
of the City's wastewater collection system. This model was used to identify areas in the system
that had capacity constraints. These areas were then flagged as part of the Infrastructure
Monitoring Program as "high priority" and are now being monitored on a regular basis by staff.
Portions of the system that showed serious capacity constraints, and which served areas with
potential near-term development were immediately included in the City's Capital Improvement
Program (CIP) and scheduled for improvement (examples of such projects include the Main Street
Trunk Sewer Improvements, Colorado Street Sewer Improvements and Moss Street Sewer
Improvements). For areas that are still developing, the model is used to quantify impacts from
projected development on the system.
Staff is currently working on the Model to broaden its capability to be able to use it in assessing
the capacity of smaller mains within the collection system, as the City transitions from "green-
field" development to "in-fill" development.
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Meeting Date 7/17/2007
Conclusion
A review of the adopted Wastewater Discharge Requirements indicates that the City already has
extensive programs that address most of the elements of the WDR. Through the implementation of
an aggressive Sewer Rehabilitation Program, a diligent cleaning and maintenance program, an
optimized Flow Monitoring program, and consistent capacity monitoring, the City currently has a
well-managed wastewater collection system that has experienced minimal sewer system
overflows. Attachment 2 shows the plan and schedule for the completion of the SSMP. Staff will
bring various elements of the SSMP (as is necessary) for Council consideration in the coming
months. Upon completion of the SSMP, the document will be brought for final certification by
Council. The WDR currently mandates that the SSMP be certified by May 1,2009. However, the
City is required by the Regional Water Quality Control Board to have many of the WDR (and
subsequent SSMP) required documents prior to the Statewide Order. The attached schedule shows
that the City is in a position to complete the SSMP by the 2009 due date.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMP ACT
The maintenance and operation of the City's wastewater collection system is supported by the
monthly Sewer Service Fee and Sewer Facilities Replacement Fee, which are collected together as
components of the monthly sewer service charges paid by all users connected to the City's
wastewater collection system. The funds are collected and deposited in the Sewer Service Fund
and Sewer Facilities Replacement Fund. Consequently, the implementation of the various
elements of the WDR Order may necessitate the expenditure of funds from either of these funds
depending on the specific activity. Staff will be assessing and addressing fiscal impacts as work
on the various aspects of the SSMP progresses.
Attachments:
I. SWRCB WDR Order #2006-003-DWQ
2. SSMP implementation Plan and Schedule
Prepared by: Anthony Chukwudo/ue, Sr. Civil Engineer, Engineering Department
J: IEngineerlAGENDA ICAS2007\07 -17-07\ssmp-certificatiion. ac. doc
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-A,-rTAC# t77 erJ T .i...
State Water Resources Control Board Order No. 2006-0003
Statewide General WOR For Wastewater Collection Agencies
Page 1 of 20
5/2/06
STATE WATER RESOURCES CONTROL BOARD
ORDER NO. 2006-0003
STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS
FOR
SANITARY SEWER SYSTEMS
The State Water Resources Control Board, hereinafter referred to as "State
Water Board", finds that:
1. All federal and state agencies, municipalities, counties, districts, and other public
entities that own or operate sanitary sewer systems greater than one mile in
length that collect and/or convey untreated or partially treated wastewater to a
publicly owned treatment facility in the State of California are required to comply
with the terms of this Order. Such entities are hereinafter referred to as
"Enrollees".
2. Sanitary sewer overflows (SSOs) are overflows from sanitary sewer systems of
domestic wastewater, as well as industrial and commercial wastewater,
depending on the pattern of land uses in the area served by the sanitary sewer
system. SSOs often contain high levels of suspended solids, pathogenic
organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil
and grease and other pollutants. SSOs may cause a public nuisance,
particularly when raw untreated wastewater is discharged to areas with high
public exposure, such as streets or surface waters used for drinking, fishing, or
body contact recreation. SSOs may pollute surface or ground waters, threaten
public health, adversely affect aquatic life, and impair the recreational use and
aesthetic enjoyment of surface waters.
3. Sanitary sewer systems experience periodic failures resulting in discharges that
may affect waters of the state. There are many factors (including factors related
to geology, design, construction methods and materials, age of the system,
population growth, and system operation and maintenance), which affect the
likelihood of an SSO. A proactive approach that requires Enrollees to ensure a
system-wide operation, maintenance, and management plan is in place will
reduce the number and frequency of SSOs within the state. This approach will In
turn decrease the risk to human health and the environment caused by SSOs.
4. Major causes of SSOs include: grease blockages, root blockages, sewer line
flood damage, manhole structure failures, vandalism, pump station mechanical
failures, power outages, excessive storm or ground water inflow/infiltration,
debris blockages, sanitary sewer system age and construction material failures,
lack of proper operation and maintenance, insufficient capacity and contractor-
caused damages. Many SSOs are preventable with adequate and appropriate
facilities, source control measures and operation and maintenance of the sanitary
sewer system.
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 2 of 20
5/2/06
SEWER SYSTEM MANAGEMENT PLANS
5. To facilitate proper funding and management of sanitary sewer systems, each
Enrollee must develop and implement a system-specific Sewer System
Management Plan (SSMP). To be effective, SSMPs must include provisions to
provide proper and efficient management, operation, and maintenance of
sanitary sewer systems, while taking into consideration risk management and
cost benefit analysis. Additionally, an SSMP must contain a spill response plan
that establishes standard procedures for immediate response to an SSO in a
manner designed to minimize water quality impacts and potential nuisance
conditions.
6. Many local public agencies in California have already developed SSMPs and
implemented measures to reduce SSOs. These entities can build upon their
existing efforts to establish a comprehensive SSMP consistent with this Order.
Others, however, still require technical assistance and, in some cases, funding to
improve sanitary sewer system operation and maintenance in order to reduce
SSOs.
7. SSMP certification by technically qualified and experienced persons can provide
a useful and cost-effective means for ensuring that SSMPs are developed and
implemented appropriately.
8. It is the State Water Board's intent to gather additional information on the causes
and sources of SSOs to augment existing information and to determine the full
extent of SSOs and consequent public health and/or environmental impacts
occurring in the State.
9. Both uniform SSO reporting and a centralized statewide electronic database are
needed to collect information to allow the State Water Board and Regional Water
Quality Control Boards (Regional Water Boards) to effectively analyze the extent
of SSOs statewide and their potential impacts on beneficial uses and public
health. The monitoring and reporting program required by this Order and the
attached Monitoring and Reporting Program No. 2006-0003, are necessary to
assure compliance with these waste discharge requirements (WDRs).
1 a.lnformation regarding SSOs must be provided to Regional Water Boards and
other regulatory agencies in a timely manner and be made available to the public
in a complete, concise, and timely fashion.
11. Some Regional Water Boards have issued WDRs or WDRs that serve as
National Pollution Discharge Elimination System (NPDES) permits to sanitary
sewer system owners/operators within their jurisdictions. This Order establishes
minimum requirements to prevent SSOs. Although it is the State Water Board's
intent that this Order be the primary regulatory mechanism for sanitary sewer
systems statewide, Regional Water Boards may issue more stringent or more
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 3 of 20
5/2/06
prescriptive WDRs for sanitary sewer systems. Upon issuance or reissuance of
a Regional Water Board's WDRs for a system subject to this Order, the Regional
Water Board shall coordinate its requirements with stated requirements within
this Order, to identify requirements that are more stringent, to remove
requirements that are less stringent than this Order, and to provide consistency
in reporting.
REGULATORY CONSIDERATIONS
12. California Water Code section 13263 provides that the State Water Board may
prescribe general WDRs for a category of discharges if the State Water Board
finds or determines that:
. The discharges are produced by the same or similar operations;
. The discharges involve the same or similar types of waste;
. The discharges require the same or similar treatment standards; and
. The discharges are more appropriately regulated under general discharge
requirements than individual discharge requirements.
This Order establishes requirements for a class of operations, facilities, and
discharges that are similar throughout the state.
13. The issuance of general WDRs to the Enrollees will:
a) Reduce the administrative burden of issuing individual WDRs to each
Enrollee;
b) Provide for a unified statewide approach for the reporting and database
tracking of SSOs;
c) Establish consistent and uniform requirements for SSMP development
and implementation;
d) Provide statewide consistency in reporting; and
e) Facilitate consistent enforcement for violations.
14. The beneficial uses of surface waters that can be impaired by SSOs include, but
are not limited to, aquatic life, drinking water supply, body contact and non-
contact recreation, and aesthetics. The beneficial uses of ground water that can
be impaired include, but are not limited to, drinking water and agricultural supply.
Surface and ground waters throughout the state support these uses to varying
degrees.
15. The implementation of requirements set forth in this Order will ensure the
reasonable protection of past, present, and probable future beneficial uses of
water and the prevention of nuisance. The requirements implement the water
quality control plans (Basin Plans) for each region and take into account the
environmental characteristics of hydrographic units within the state. Additionally,
the State Water Board has considered water quality conditions that couid
reasonably be achieved through the coordinated control of all factors that affect
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 4 of 20
5/2/06
water quality in the area, costs associated with compliance with these
requirements, the need for developing housing within California, and the need to
develop and use recycled water.
16. The Federal Clean Water Act largely prohibits any discharge of pollutants from a
point source to waters of the United States except as authorized under an
NPDES permit. In general, any point source discharge of sewage effluent to
waters of the United States must comply with technology-based, secondary
treatment standards, at a minimum, and any more stringent requirements
necessary to meet applicable water quality standards and other requirements.
Hence, the unpermitted discharge of wastewater from a sanitary sewer system to
waters of the United States is illegal under the Clean Water Act. In addition,
many Basin Plans adopted by the Regional Water Boards contain discharge
prohibitions that apply to the discharge of untreated or partially treated
wastewater. Finally, the California Water Code generally prohibits the discharge
of waste to land prior to the filing of any required report of waste discharge and
the subsequent issuance of either WDRs or a waiver of WDRs.
17. California Water Code section 13263 requires a water board to, after any
necessary hearing, prescribe requirements as to the nature of any proposed
discharge, existing discharge, or material change in an existing discharge. The
requirements shall, among other things, take into consideration the need to
prevent nuisance.
18. California Water Code section 13050, subdivision (m), defines nuisance as
anything which meets all of the following requirements:
a. Is injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property.
b. Affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
c. Occurs during, or as a result of, the treatment or disposal of wastes.
19. This Order is consistent with State Water Board Resolution No. 68-16 (Statement
of Policy with Respect to Maintaining High Quality of Waters in California) in that
the Order imposes conditions to prevent impacts to water quality, does not allow
the degradation of water quality, will not unreasonably affect beneficial uses of
water, and will not result in water quality less than prescribed in State Water
Board or Regional Water Board plans and policies.
20. The action to adopt this General Order is exempt from the California
Environmental Quality Act (Public Resources Code ~21000 et seq.) because it is
an action taken by a regulatory agency to assure the protection of the
environment and the regulatory process involves procedures for protection of the
environment. (Cal. Code Regs., tit. 14, ~15308). In addition, the action to adopt
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State Water Resources Control Board Order No. 2006-0003
Statewide General WOR For Wastewater Collection Agencies
Page 5 of 20
5/2/06
this Order is exempt from CEQA pursuant to Cal.Code Regs., title 14, ~15301 to
the extent that it applies to existing sanitary sewer collection systems that
constitute "existing facilities" as that term is used in Section 15301, and ~ 15302,
to the extent that it results in the repair or replacement of existing systems
involving negligible or no expansion of capacity.
21. The Fact Sheet, which is incorporated by reference in the Order, contains
supplemental information that was also considered in establishing these
requirements.
22. The State Water Board has notified all affected public agencies and all known
interested persons of the intent to prescribe general WDRs that require Enroliees
to develop SSMPs and to report all SSOs.
23. The State Water Board conducted a public hearing on February 8, 2006, to
receive oral and written comments on the draft order. The State Water Board
received and considered, at its May 2, 2006, meeting, additional pubiic
comments on substantial changes made to the proposed general WDRs
following the February 8, 2006, public hearing. The State Water Board has
considered all comments pertaining to the proposed general WDRs.
IT IS HEREBY ORDERED, that pursuant to California Water Code section 13263, the
Enrollees, their agents, successors, and assigns, in order to meet the provisions
contained in Division 7 of the California Water Code and regulations adopted
hereunder, shall comply with the following:
A. DEFINITIONS
1. Sanitary sewer overflow (SSO) - Any overfiow, spill, release, discharge or
diversion of untreated or partially treated wastewater from a sanitary sewer
system. SSOs include:
(i) Overfiows or releases of untreated or partially treated wastewater that
reach waters of the United States;
(ii) Overfiows or releases of untreated or partially treated wastewater that do
not reach waters of the United States; and
(iii) Wastewater backups into buildings and on private property that are
caused by blockages or fiow conditions within the pubiicly owned portion
of a sanitary sewer system.
2. Sanitary sewer system - Any system of pipes, pump stations, sewer lines, or
other conveyances, upstream of a wastewater treatment plant headworks used
to collect and convey wastewater to the publicly owned treatment facility.
Temporary storage and conveyance facilities (such as vaults, temporary piping,
construction trenches, wet wells, impoundments, tanks, etc.) are considered to
be part of the sanitary sewer system, and discharges into these temporary
storage facilities are not considered to be SSOs.
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 6 of 20
5/2/06
For purposes of this Order, sanitary sewer systems include only those systems
owned by public agencies that are comprised of more than one mile of pipes or
sewer lines.
3. Enrollee - A federal or state agency, municipality, county, district, and other
public entity that owns or operates a sanitary sewer system, as defined in the
general WDRs, and that has submitted a complete and approved application for
coverage under this Order.
4. SSO Reporting System - Online spill reporting system that is hosted,
controlled, and maintained by the State Water Board. The web address for this
site is http://ciwqs.waterboards.ca.gov.This online database is maintained on a
secure site and is controlled by unique usernames and passwords.
5. Untreated or partially treated wastewater - Any volume of waste discharged
from the sanitary sewer system upstream of a wastewater treatment plant
headworks.
6. Satellite collection system - The portion, if any, of a sanitary sewer system
owned or operated by a different public agency than the agency that owns and
operates the wastewater treatment facility to which the sanitary sewer system is
tributary.
7. Nuisance - California Water Code section 13050, subdivision (m), defines
nuisance as anything which meets all of the following requirements:
a. Is injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property.
b. Affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
c. Occurs during, or as a result of, the treatment or disposal of wastes.
B. APPLICATION REQUIREMENTS
1. Deadlines for Application - All public agencies that currently own or operate
sanitary sewer systems within the State of California must apply for coverage
under the general WDRs within six (6) months of the date of adoption of the
general WDRs. Additionally, public agencies that acquire or assume
responsibility for operating sanitary sewer systems after the date of adoption of
this Order must apply for coverage under the general WDRs at least three (3)
months prior to operation of those facilities.
2. Applications under the general WDRs - In order to apply for coverage pursuant
to the general WDRs, a legally authorized representative for each agency must
submit a complete application package. Within sixty (60) days of adoption of the
general WDRs, State Water Board staff will send specific instructions on how to
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State Water Resources Control Board Order No. 2006-0003 Page 7 of 20
Statewide General WOR For Wastewater Collection Agencies 5/2/06
apply for coverage under the general WDRs to all known public agencies that
own sanitary sewer systems. Agencies that do not receive notice may obtain
applications and instructions online on the Water Board's website.
3. Coverage under the general WDRs - Permit coverage will be in effect once a
complete application package has been submitted and approved by the State
Water Board's Division of Water Quality.
C. PROHIBITIONS
1. Any SSO that results in a discharge of untreated or partially treated wastewater
to waters of the United States is prohibited.
2. Any SSO that results in a discharge of untreated or partially treated wastewater
that creates a nuisance as defined in California Water Code Section 13050(m) is
prohibited.
D. PROVISIONS
1. The Enrollee must comply with all conditions of this Order. Any noncompliance
with this Order constitutes a violation of the California Water Code and is
grounds for enforcement action.
2. It is the intent of the State Water Board that sanitary sewer systems be regulated
in a manner consistent with the general WDRs. Nothing in the general WDRs
shall be:
(i) Interpreted or applied in a manner inconsistent with the Federal Clean
Water Act, or supersede a more specific or more stringent state or
federal requirement in an existing permit, regulation, or
administrative/judicial order or Consent Decree;
(ii) Interpreted or applied to authorize an SSO that is illegal under either the
Clean Water Act, an applicable Basin Plan prohibition or water quality
standard, or the California Water Code;
(iii) Interpreted or applied to prohibit a Regional Water Board from issuing an
individual NPDES permit or WDR, superseding this general WDR, for a
sanitary sewer system, authorized under the Clean Water Act or
California Water Code; or
(iv) Interpreted or applied to supersede any more specific or more stringent
WDRs or enforcement order issued by a Regional Water Board.
3. The Enrollee shall take all feasible steps to eliminate SSOs. In the event that an
SSO does occur, the Enrollee shall take all feasible steps to contain and mitigate
the impacts of an SSO.
4. In the event of an SSO, the Enrollee shall take all feasible steps to prevent
untreated or partially treated wastewater from discharging from storm drains into
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
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flood control channels or waters of the United States by blocking the storm
drainage system and by removing the wastewater from the storm drains.
5. All SSOs must be reported in accordance with Section G of the general WDRs.
6. In any enforcement action, the State and/or Regional Water Boards will consider
the appropriate factors under the duly adopted State Water Board Enforcement
Policy. And, consistent with the Enforcement Policy, the State and/or Regional
Water Boards must consider the Enrollee's efforts to contain, control, and
mitigate SSOs when considering the California Water Code Section 13327
factors. In assessing these factors, the State and/or Regional Water Boards will
also consider whether:
(i) The Enrollee has complied with the requirements of this Order, including
requirements for reporting and developing and implementing a SSMP;
(ii) The Enrollee can identify the cause or likely cause of the discharge event;
(iii) There were no feasible aiternatives to the discharge, such as temporary
storage or retention of untreated wastewater, reduction of inflow and
infiltration, use of adequate backup equipment, collecting and hauling of
untreated wastewater to a treatment facility, or an increase in the
capacity of the system as necessary to contain the design storm event
identified in the SSMP. It is inappropriate to consider the lack of feasible
aiternatives, if the Enrollee does not implement a periodic or continuing
process to identify and correct problems.
(iv)The discharge was exceptional, unintentional, temporary, and caused by
factors beyond the reasonable control of the Enrollee;
(v) The discharge could have been prevented by the exercise of reasonable
control described in a certified SSMP for:
. Proper management, operation and maintenance;
. Adequate treatment facilities, sanitary sewer system facilities,
and/or components with an appropriate design capacity, to
reasonably prevent SSOs (e.g., adequately enlarging treatment or
collection facilities to accommodate grow1h, infiltration and inflow
(III), etc.);
. Preventive maintenance (including cleaning and fats, oils, and
grease (FOG) control);
. Installation of adequate backup equipment; and
. Inflow and infiltration prevention and control to the extent
practicable.
(vi) The sanitary sewer system design capacity is appropriate to reasonably
prevent SSOs.
4-14
State Water Resources Control Board Order No. 2006-0003 Page 9 of 20
Statewide General WDR For Wastewater Collection Agencies 5/2/06
(vii) The Enrollee took all reasonable steps to stop and mitigate the impact of
the discharge as soon as possible.
7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps
and necessary remedial actions to 1) control or limit the volume of untreated or
partially treated wastewater discharged, 2) terminate the discharge, and 3)
recover as much of the wastewater discharged as possible for proper disposal,
including any wash down water.
The Enrollee shall implement all remedial actions to the extent they may be
applicable to the discharge and not inconsistent with an emergency response
plan, including the following:
(i) Interception and rerouting of untreated or partially treated wastewater
fiows around the wastewater line failure;
(ii) Vacuum truck recovery of sanitary sewer overflows and wash down
water;
(iii) Cleanup of debris at the overflow site;
(Iv) System modifications to prevent another SSO at the same location;
(v) Adequate sampling to determine the nature and impact of the release;
and
(vi) Adequate public notification to protect the public from exposure to the
SSO.
8. The Enrollee shall properly, manage, operate, and maintain all parts of the
sanitary sewer system owned or operated by the Enrollee, and shall ensure that
the system operators (including employees, contractors, or other agents) are
adequately trained and possess adequate knowledge, skills, and abilities.
9. The Enrollee shall allocate adequate resources for the operation, maintenance,
and repair of its sanitary sewer system, by establishing a proper rate structure,
accounting mechanisms, and auditing procedures to ensure an adequate
measure of revenues and expenditures. These procedures must be in
compliance with applicable laws and regulations and comply with generally
acceptable accounting practices.
10. The Enrollee shall provide adequate capacity to convey base fiows and peak
fiows, including fiows related to wet weather events. Capacity shall meet or
exceed the design criteria as defined in the Enrollee's System Evaluation and
Capacity Assurance Plan for all parts of the sanitary sewer system owned or
operated by the Enrollee.
11. The Enrollee shall develop and implement a written Sewer System Management
Plan (SSMP) and make it available to the State and/or Regional Water Board
upon request. A copy of this document must be publicly available at the
Enrollee's office and/or available on the Internet. This SSMP must be approved
by the Enrollee's governing board at a public meeting.
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State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 10 of 20
5/2/06
12.ln accordance with the California Business and Professions Code sections 6735,
7835, and 7835.1, all engineering and geologic evaluations and judgments shall
be performed by or under the direction of registered professionals competent and
proficient in the fields pertinent to the required activities. Specific elements of the
SSMP that require professional evaluation and judgments shall be prepared by
or under the direction of appropriately qualified professionals, and shall bear the
professional(s)' signature and stamp.
13. The mandatory elements of the SSMP are specified below. However, if the
Enrollee believes that any element of this section is not appropriate or applicable
to the Enrollee's sanitary sewer system, the SSMP program does not need to
address that element. The Enrollee must justify why that element is not
applicable. The SSMP must be approved by the deadlines listed in the SSMP
Time Schedule below.
Sewer System Management Plan (SSMP)
(i) Goal: The goal of the SSMP is to provide a plan and schedule to properly
manage, operate, and maintain all parts of the sanitary sewer system.
This will help reduce and prevent SSOs, as well as mitigate any SSOs
that do occur.
(ii) Organization: The SSMP must identify:
(a) The name of the responsible or authorized representative as
described in Section J of this Order.
(b) The names and telephone numbers for management,
administrative, and maintenance positions responsible for
implementing specific measures in the SSMP program. The
SSMP must identify lines of authority through an organization chart
or similar document with a narrative explanation; and
(c) The chain of communication for reporting SSOs, from receipt of a
complaint or other information, including the person responsible for
reporting SSOs to the State and Regional Water Board and other
agencies if applicable (such as County Health Officer, County
Environmental Health Agency, Regional Water Board, andlor State
Office of Emergency Services (OES)).
(Iii) Legal Authority: Each Enrollee must demonstrate, through sanitary
sewer system use ordinances, service agreements, or other legally
binding procedures, that it possesses the necessary legal authority to:
(a) Prevent illicit discharges into its sanitary sewer system
(examples may include III, stormwater, chemical dumping,
unauthorized debris and cut roots, etc.);
4-16
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 11 of20
5/2/06
(b) Require that sewers and connections be properly designed
and constructed;
(c) Ensure access for maintenance, inspection, or repairs for
portions of the lateral owned or maintained by the Public
Agency;
(d) Limit the discharge of fats, oils, and grease and other debris
that may cause blockages, and .
(e) Enforce any violation of its sewer ordinances.
(iv) Operation and Maintenance Program. The SSMP must include those
elements listed below that are appropriate and applicable to the
Enrollee's system:
(a) Maintain an up-to-date map of the sanitary sewer system,
showing all gravity line segments and manholes, pumping
facilities, pressure pipes and valves, and applicable stormwater
conveyance facilities;
(b) Describe routine preventive operation and maintenance activities
by staff and contractors, including a system for scheduling regular
maintenance and cleaning of the sanitary sewer system with more
frequent cleaning and maintenance targeted at known problem
areas. The Preventative Maintenance (PM) program should have
a system to document scheduled and conducted activities, such
as work orders;
(c) Develop a rehabilitation and replacement plan to identify and
prioritize system deficiencies and implement short-term and long-
term rehabilitation actions to address each deficiency. The
program should include regular visual and TV inspections of
manholes and sewer pipes, and a system for ranking the
condition of sewer pipes and scheduling rehabilitation.
Rehabilitation and replacement should focus on sewer pipes that
are at risk of collapse or prone to more frequent blockages due to
pipe defects. Finally, the rehabilitation and replacement plan
should include a capital improvement plan that addresses proper
management and protection of the infrastructure assets. The plan
shall include a time scheduie for implementing the short- and
long-term plans plus a schedule for developing the funds needed
for the capital improvement plan;
(d) Provide training on a regular basis for staff in sanitary sewer
system operations and maintenance, and require contractors to
be appropriately trained; and
4-17
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 12 of 20
5/2/06
(e) Provide equipment and replacement part inventories, including
identification of critical replacement parts.
(v) Design and Performance Provisions:
(a) Design and construction standards and specifications for the
installation of new sanitary sewer systems, pump stations and other
appurtenances; and for the rehabilitation and repair of existing
sanitary sewer systems; and
(b) Procedures and standards for inspecting and testing the installation
of new sewers, pumps, and other appurtenances and for
rehabilitation and repair projects.
(vi) Overflow Emergency Response Plan - Each Enrollee shall develop and
implement an overflow emergency response plan that identifies
measures to protect public health and the environment. At a minimum,
this plan must include the following:
(a) Proper notification procedures so that the primary responders and
regulatory agencies are informed of all SSOs in a timely manner;
(b) A program to ensure an appropriate response to all overflows;
(c) Procedures to ensure prompt notification to appropriate regulatory
agencies and other potentially affected entities (e.g. health
agencies, Regional Water Boards, water suppliers, etc.) of all SSOs
that potentially affect public health or reach the waters of the State
in accordance with the MRP. All SSOs shall be reported in
accordance with this MRP, the California Water Code, other State
Law, and other applicable Regional Water Board WDRs or NPDES
permit requirements. The SSMP should identify the officials who
will receive immediate notification;
(d) Procedures to ensure that appropriate staff and contractor
personnel are aware of and follow the Emergency Response Plan
and are appropriately trained;
(e) Procedures to address emergency operations, such as traffic and
crowd control and other necessary response activities; and
(f) A program to ensure that all reasonable steps are taken to contain
and prevent the discharge of untreated and partially treated
wastewater to waters of the United States and to minimize or
correct any adverse impact on the environment resulting from the
SSOs, including such accelerated or additional monitoring as may
be necessary to determine the nature and impact of the discharge.
4-18
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 13 of 20
5/2/06
(vii) FOG Control Program: Each Enroilee shail evaluate its service area to
determine whether a FOG controi program is needed. If an Enrollee
determines that a FOG program is not needed, the Enrollee must provide
justification for why it is not needed. If FOG is found to be a problem, the
Enrollee must prepare and implement a FOG source control program to
reduce the amount of these substances discharged to the sanitary sewer
system. This plan shall include the following as appropriate:
(a) An implementation plan and schedule for a public education
outreach program that promotes proper disposal of FOG;
(b) A plan and schedule for the disposal of FOG generated within the
sanitary sewer system service area. This may include a list of
acceptable disposal facilities and/or additional facilities needed to
adequately dispose of FOG generated within a sanitary sewer
system service area;
(c) The legal authority to prohibit discharges to the system and
identify measures to prevent SSOs and blockages caused by
FOG;
(d) Requirements to install grease removal devices (such as traps or
interceptors), design standards for the removal devices,
maintenance requirements, BMP requirements, record keeping
and reporting requirements;
(e) Authority to inspect grease producing facilities, enforcement
authorities, and whether the Enrollee has sufficient staff to inspect
and enforce the FOG ordinance;
(f) An identification of sanitary sewer system sections subject to
FOG blockages and establishment of a cleaning maintenance
schedule for each section; and
(g) Development and implementation of source control measures for
all sources of FOG discharged to the sanitary sewer system for
each section identified in (f) above.
(viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall
prepare and implement a capital improvement plan (CIP) that will
provide hydraulic capacity of key sanitary sewer system elements for
dry weather peak flow conditions, as well as the appropriate design
storm or wet weather event. At a minimum, the plan must include:
(a) Evaluation: Actions needed to evaluate those portions of the
sanitary sewer system that are experiencing or contributing to an
SSO discharge caused by hydraulic deficiency. The evaluation
must provide estimates of peak flows (including fiows from SSOs
4-19
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 14 of 20
5/2/06
that escape from the system) associated with conditions similar to
those causing overflow events, estimates of the capacity of key
system components, hydraulic deficiencies (including components
of the system with limiting capacity) and the major sources that
contribute to the peak flows associated with overflow events;
(b) Design Criteria: Where design criteria do not exist or are
deficient, undertake the evaluation identified in (a) above to
establish appropriate design criteria; and
(c) Capacity Enhancement Measures: The steps needed to
establish a short- and long-term CIP to address identified
hydraulic deficiencies, including prioritization, alternatives
analysis, and schedules. The CIP may include increases in pipe
size, III reduction programs, increases and redundancy in
pumping capacity, and storage facilities. The CIP shall include an
implementation schedule and shall identify sources of funding.
(d) Schedule: The Enrollee shall develop a schedule of completion
dates for all portions of the capital improvement program
developed in (a)-(c) above. This schedule shall be reviewed and
updated consistent with the SSMP review and update
requirements as described in Section D. 14.
(ix) Monitoring, Measurement, and Program Modifications: The Enrollee
shall:
(a) Maintain relevant information that can be used to
establish and prioritize appropriate SSMP activities;
(b) Monitor the implementation and, where appropriate,
measure the effectiveness of each element of the
SSMP;
(c) Assess the success of the preventative maintenance
program;
(d) Update program elements, as appropriate, based on
monitoring or performance evaluations; and
(e) Identify and illustrate SSO trends, including:
frequency, location, and volume.
(x) SSMP Program Audits - As part of the SSMP, the Enrollee shall
conduct periodic internal audits, appropriate to the size of the system
and the number of SSOs. At a minimum, these audits must occur every
two years and a report must be prepared and kept on file. This audit
shall focus on evaluating the effectiveness of the SSMP and the
4-20
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 15 of 20
5/2/06
Enrollee's compliance with the SSMP requirements identified in this
subsection (0.13), including identification of any deficiencies in the
SSMP and steps to correct them.
(xi) Communication Program - The Enrollee shall communicate on a
regular basis with the public on the development, implementation, and
performance of its SSMP. The communication system shall provide the
public the opportunity to provide input to the Enrollee as the program is
developed and implemented.
The Enrollee shall also create a plan of communication with systems that
are tributary and/or satellite to the Enrollee's sanitary sewer system.
14. Both the SSMP and the Enrollee's program to implement the SSMP must be
certified by the Enrollee to be in compliance with the requirements set forth
above and must be presented to the Enrollee's governing board for approval at a
public meeting. The Enrollee shall certify that the SSMP, and subparts thereof,
are in compliance with the general WDRs within the time frames identified in the
time schedule provided in subsection 0.15, below.
In order to complete this certification, the Enrollee's authorized representative
must complete the certification portion in the Online SSO Database
Questionnaire by checking the appropriate milestone box, printing and signing
the automated form, and sending the form to:
State Water Resources Control Board
Division of Water Quality
Attn: SSO Program Manager
P.O. Box 100
Sacramento, CA 95812
The SSMP must be updated every five (5) years, and must include any
significant program changes. Re-certification by the governing board of the
Enrollee is required in accordance with 0.14 when significant updates to the
SSMP are made. To complete the re-certification process, the Enrollee shall
enter the data in the Online SSO Database and mail the form to the State Water
Board, as described above.
15. The Enrollee shall comply with these requirements according to the following
schedule. This time schedule does not supersede existing requirements or time
schedules associated with other permits or regulatory requirements.
4-21
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Sewer System Management Plan Time Schedule
Page 16 of 20
5/2/06
Task and Completion Date
Associated Section
Population> Population Population Population <
100,000 between 100,000 between 10,000 2,500
and 10,000 and 2,500
Application for Permit
Coverage 6 months after WDRs Adoption
Section C
Reporting Program 6 months after WDRs Adoption 1
Section G
SSMP Development 9 months after 12 months after 15 months after 18 months after
Plan and Schedule WDRs Adoption2 WDRs Adoption2 WDRs WDRs
No specific Section Adootion2 Adoption2
Goals and
Organization Structure 12 months after WDRs Adoption2 18 months after WDRs Adoption2
Section D 13 (i) & (ii)
Overflow Emergency
Response Program
Section D 13 (vi)
Legal Authority
Section D 13 am 24 months after 30 months after 36 months after 39 months after
Operation and WDRs Adoption2 WDRs Adoption2 WDRs WDRs
Maintenance Program Adoption2 Adoption2
Section D 13 (iv)-
Grease Control
Program
Section D 13 (vii)
Design and
Performance
Section D 13 (v)
System Evaluation and
Capacity Assurance 36 months after 39 months after 48 months after 51 months after
Plan WDRs Adoption WDRs Adoption WDRs Adoption WDRs Adoption
Section D 13 (viii)
Final SSMP,
incorporating all of the
SSMP requirements
Section D 13
4-22
State Water Resources Control Board Order No. 2006-0003
Statewide General WOR For Wastewater Collection Agencies
Page 17 of 20
5/2/06
1. In the event that by July 1, 2006 the Executive Director is able to execute a
memorandum of agreement (MOA) with the California Water Environment
Association (CWEA) or discharger representatives outlining a strategy and time
schedule for CWEA or another entity to provide statewide training on the adopted
monitoring program, SSO database electronic reporting, and SSMP development,
consistent with this Order, then the schedule of Reporting Program Section G shall
be replaced with the following schedule:
Reporting Program
Section G
Regional Boards 4, 8, 8 months after WDRs Adoption
and 9
Regional Boards 1, 2, 12 months after WDRs Adoption
and 3
Regional Boards 5, 6, 16 months after WDRs Adoption
and 7
If this MOU is not executed by July 1, 2006, the reporting program time schedule will
remain six (6) months for all regions and agency size categories.
2. In the event that the Executive Director executes the MOA identified in note 1 by
July 1, 2006, then the deadline for this task shall be extended by six (6) months.
The time schedule identified in the MOA must be consistent with the extended time
schedule provided by this note. If the MOA is not executed by July 1, 2006, the six
(6) month time extension will not be granted.
E. WDRs and SSMP AVAILABILITY
1. A copy of the general WDRs and the certified SSMP shall be maintained at
appropriate locations (such as the Enrollee's offices, facilities, and/or Internet
homepage) and shall be available to sanitary sewer system operating and
maintenance personnel at all times.
F. ENTRY AND INSPECTION
1. The Enrollee shall allow the State or Regional Water Boards or their authorized
representative, upon presentation of credentials and other documents as may be
required by law, to:
a. Enter upon the Enrollee's premises where a regulated facility or activity
is located or conducted, or where records are kept under the
conditions of this Order;
b. Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this Order;
4-23
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 18 of 20
5/2/06
c. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this Order; and
d. Sample or monitor at reasonable times, for the purposes of assuring
compliance with this Order or as otherwise authorized by the California
Water Code, any substances or parameters at any location.
G. GENERAL MONITORING AND REPORTING REQUIREMENTS
1. The Enrollee shall furnish to the State or Regional Water Board, within a
reasonable time, any information that the State or Regional Water Board may
request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this Order. The Enrollee shall also furnish to the Executive
Director of the State Water Board or Executive Officer of the applicable Regional
Water Board, upon request, copies of records required to be kept by this Order.
2. The Enrollee shall compiy with the attached Monitoring and Reporting Program
No. 2006-0003 and future revisions thereto, as specified by the Executive
Director. Monitoring results shall be reported at the intervals specified in
Monitoring and Reporting Program No. 2006-0003. Unless superseded by a
specific enforcement Order for a specific Enrollee, these reporting requirements
are intended to replace other mandatory routine written reports associated with
SSOs.
3. All Enrollees must obtain SSO Database accounts and receive a "Username"
and "Password" by registering through the California Integrated Water Quality
System (CIWQS). These accounts will allow controlled and secure entry into the
SSO Database. Additionally, within 30days of receiving an account and prior to
recording spills into the SSO Database, all Enrollees must complete the
"Collection System Questionnaire", which collects pertinent information regarding
a Enrollee's collection system. The "Collection System Questionnaire" must be
updated at least every 12 months.
4. Pursuant to Health and Safety Code section 5411.5, any person who, without
regard to intent or negligence, causes or permits any untreated wastewater or
other waste to be discharged in or on any waters of the State, or discharged in or
deposited where it is, or probably will be, discharged in or on any surface waters
of the State, as soon as that person has knowledge of the discharge, shall
immediately notify the local health officer of the discharge. Discharges of
untreated or partially treated wastewater to storm drains and drainage channels,
whether man-made or natural or concrete-lined, shall be reported as required
above.
Any SSO greater than 1,000 gallons discharged in or on any waters of the State,
or discharged in or deposited where it is, or probably will be, discharged in or on
any surface waters of the State shall also be reported to the Office of Emergency
Services pursuant to California Water Code section 13271.
4-24
State Water Resources Control Board Order No. 2006-0003
Statewide Generalll1tVR For Wastewater Collection Agencies
Page 19 of 20
5/2/06
H. CHANGE IN OWNERSHIP
1. This Order is not transferable to any person or party, except after notice to the
Executive Director. The Enrollee shall submit this notice in writing at least 30
days in advance of any proposed transfer. The notice must include a written
agreement between the existing and new Enrollee containing a specific date for
the transfer of this Order's responsibility and coverage between the existing
Enrollee and the new Enrollee. This agreement shall include an
acknowledgement that the existing Enrollee is liable for violations up to the
transfer date and that the new Enrollee is liable from the transfer date forward.
I. INCOMPLETE REPORTS
1. If an Enrollee becomes aware that it failed to submit any relevant facts in any
report required under this Order, the Enrollee shall promptly submit such facts or
information by formally amending the report in the Online SSO Database.
J. REPORT DECLARATION
1. All applications, reports, or information shall be signed and certified as follows:
(i) All reports required by this Order and other information required by the
State or Regional Water Board shall be signed and certified by a person
designated, for a municipality, state, federal or other public agency, as
either a principal executive officer or ranking elected official, or by a duly
authorized representative of that person, as described in paragraph (ii) of
this provision. (For purposes of electronic reporting, an electronic
signature and accompanying certification, which is in compliance with the
Online SSO database procedures, meet this certification requirement.)
(ii) An individual is a duly authorized representative only if:
(a) The authorization is made in writing by a person described in
paragraph (I) of this provision; and
(b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity.
K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS
1. The California Water Code provides various enforcement options, including civil
monetary remedies, for violations of this Order.
2. The California Water Code also provides that any person failing or refusing to
furnish technical or monitoring program reports, as required under this Order, or
4-25
State Water Resources Control Board Order No. 2006-0003
Statewide General WDR For Wastewater Collection Agencies
Page 20 of 20
5/2/06
falsifying any information provided in the technical or monitoring reports is
subject to civil monetary penalties.
L. SEVERABILITY
1. The provisions of this Order are severable, and if any provision of this Order, or
the application of any provision of this Order to any circumstance, is held invalid,
the application of such provision to other circumstances, and the remainder of
this Order, shall not be affected thereby.
2. This order does not convey any property rights of any sort or any exclusive
privileges. The requirements prescribed herein do not authorize the commission
of any act causing injury to persons or property, nor protect the Enrollee from
liability under federal, state or local laws, nor create a vested right for the
Enrollee to continue the waste discharge.
CERTIFICATION
The undersigned Clerk to the State Water Board does hereby certify that the foregoing
is a full, true, and correct copy of general WDRs duly and regularly adopted at a
meeting of the State Water Resources Control Board held on May 2, 2006.
AYE: Tam M. Doduc
Gerald D. Secundy
NO: Arthur G. Baggett
ABSENT: None
ABSTAIN: None
~ ~I/
~I -
Song Her
Clerk to the Board
4-26
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RESOLUTION NO.
RESOLUTION APPROVING THE PLAN AND SCHEDULE FOR THE
PREP ARA TION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE
CITY OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER
RESOURCES CONTROL BOARD W ASTEW ATER DISCHARGE
REQUIREMENTS ORDER # 2006-0003-DWQ
WHEREAS, on May 2, 2006, the State Water Resources Control Board (SWRCB)
adopted Wastewater Discharge Requirements (WDR) Order #2006-0003-DWQ (Order); and
WHEREAS, this Order mandated all federal and state agencies, municipalities, counties,
districts, and other public entities that own or operate sanitary sewer systems greater than one
mile in length that collect and/or convey untreated or partially treated wastewater to a publicly-
owned treatment facility in the State of California to develop and implement a system-specific
Sewer System Management Plan (SSMP); and
WHEREAS, in March 2007, staff presented an Informational Memorandum to Council,
which outlined the City's plan and schedule for compliance with this Order; and
WHEREAS, the SWRCB recently clarified the terms of this Order and now requires all
agencies obtain their governing board's approval of the Sewer System Management
Development Plan, Schedule and final SSMP prior to certification by the SWRCB as complete
and in compliance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves the plan and schedule for the City of Chula Vista's implementation of the
SWRCB Wastewater Discharge Requirements Order #2006-0003-DWQ.
Presented by
Approved as to form by
Scott Tulloch
City Engineer/Acting City Manager
'---t!~ /C. ~
Ann Moore
City Attorney
H:\ENG[NEER\RESOS\Resos2007\07~17-07\SSMP schedule reso revised by ec,doc
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