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AP 08-01-02SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, August 1, 2002 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Robert Duane Wallace, President Cathie Becket, Director BOARD MEMBERS James R. Jones, Vice President MaR Lou Mosbacher, Director Edc W. Schafer~ Director CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five minute limit. No action will be taken.) CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION ITEMS FOR BOARD ACTION Public Hearing: Urban Water Management Plan (Rick Hydrick) REQUESTED BOARD AC~ON (1) Accept Public Comments; and (2) Adopt Updated Urban Water Management Plan b. Payment of Claims Approve Payment in the Amount of $649,279.47 REGULAR BOARD MEETING AGENDA -AUGUST 1, 2002 PAGE - 2 BOARD MEMBER COMMITTEE REPORTS a. Executive Committee (Wallace / Jones) b. Finance Committee (Wallace / Schafer) c. Water & Wastewater Operations Committee (Jones / Becket) d. Planning Committee (Mosbacher / Schafer) BOARD MEMBER AD HOC COMMITTEE REPORTS a. Federal Legislative Ad Hoc Committee (Wallace / Jones) b. Park Avenue Redevelopment Ad Hoc Committee (Jones / Schafer) c. Lakeside Park Ad Hoc Committee (Jones / Becker) d. Special Litigation Ad Hoc Committee (Jones / Wallace) EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT 10. 11. 12. 13. BOARD MEMBER REPORTS GENERAL MANAGER/STAFF REPORTS NOTICE OF PAST AND FUTURE MEETINGS/EVENTS Past Meetinqs / Events 07/22/02 - Lake Tahoe Transportation and Water Quality Coalition Meeting 07/24/02 - Lahontan Regular Board Meeting 07/25/02 - Washoe Tribe Meeting re: STPUD Recycled Water Master Plan 07/29/02 - Operations Committee Meeting Future Meetinqs / Events 08/06/02 - 9:00 a.m. - Alpine County Board of Supervisors Regular Meeting in Markleeville 08/06/02 - 6:00 p.m. - City of SLT Regular Council Meeting at City Council Chambers 08112/02 - 4:00 p.m. - Operations Committee Meeting at District Office 08/15/02 - 2:00 p.m. - STPUD Regular Board Meeting at City Council Chambers CLOSED SESSION Pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel- Existinq Litigation: STPUD v. John Breese Mumford, et. al. El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existinq Litigation: F. Heise Land & Live Stock Company vs. STPUD and Does 1 through 10, Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Section 54956.9(a)/Conference with Le.qal Counsel- Existing Litigation: F. Heise Land & Live Stock Company vs. STPUD and Does 1 through 10, Inclusive; Alpine County Superior Court Case No. C18733 REGULAR BOARD MEETING AGENDA - AUGUST 1, 2002 PAGE - 3 14. 15. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc. CIV. S-O2-0238 MLS JFM United States District Court for the Eastern District of Califomia, Sacramento, CA Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existin(~ Litioation: STPUD vs. ARCO, et al, San Francisco County Superior Court Case No. 999128 Pursuant to Government Code Section 54956.9(a)/Conference with Leqal Counsel- Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existinq Litigation: STPUD vs. Lakeside Park Association, et al, County of El Dorado, Superior Court Case No. SC20010165 ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION ADJOURNMENT (To the next regular meeting, August 15, 2002, 2:00 p.m.) The South Tahoe Public Utility Distdct Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the Distdct office dudng the hours of 8:00 a.m. - 5:00 p.m. Monday through Fdday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public headngs will not be called to order pdor to the time specified. Participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be bdef and directed to specifics of the item being considered. Comments on items not on the agenda can be heard dudng "Comments from the Audience;" however, action cannot be taken on items not included on agenda. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. Tape recordings are made of each Board meeting and these tapes are retained in the Board Clerk's office for two years. South Tahoe Public Ufilifv District - 1275 Meadow Crest Drive South [ aka Tahoe CA ~150 · Phone 530 ~ 6474 · Facsimile 530 541 .~14 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Rick Hydrick, Manaqer of Water Operations RE: BOARD MEETING A'uqust 1,2002 AGENDA ITEM: ACTION ITEM NO: 6. a CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: PUBLIC HEARING: URBAN WATER MANAGEMENT PLAN REQUESTED BOARD ACTION:. (1) Accept public comments; and (2) Adopt updated Urba. Water Management Plan (UWMP) DISCUSSION: The Urban Water Management Planning Act of 1983 (California Water Codo Division 6, Part 2.6, Section 10610) requires that UWMPs be updated every five years. The last _update was scheduled for December 31, 2000 for local water suppliers that deliver more thaH 3,000 acre-feet of water or have more than 3,000 customers. The District was unable to meet th~ December 31,2002 deadline for its UWMP due to three years of intense litiqation. The plan submitted for adoption fulfills the District's requirement to update. Notice of Publi~; Hearing was published in the Tahoe Daily Tribune on July 5, 12, and 19, 2002. A copy of the draft plan was made available for public review beginninq July 8, 2002 at District's Administrative Offices. SCHEDULE: COSTS: N/A ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: A copy of the Urban Water Management Plan is available upon request the Clerk of the Board CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ?~. , NO CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER X SEWER Draft South Tahoe Public Utility District Urban Water Management Plan June 2002 Adopted ., 2002 South Tahoe Public Utility District Urban Water Management Plan 2000 Update Table of Contents Section Description Page Section I Introduction .............................................. 1 Section II Public Participation/Agency Coordination (§10642; §10620d) ...... 2 Section II1 Supplier Service Area (§10631a) .. Climate Characteristics .... Demographic Profile ...... The Politics of Growth .... Redevelopment .......... Population .............. Business Diversity ....... Section IV Water Sources (§10631b) .................................... 8 Water Supply Sources/Production ........................ 8 Current Water Supply .................................. 9 Section V Transfer or Exchange Opportunities (§10631d) ................. 13 Section VI Past, Current, and Projected Water Use (§10631e) .............. 15 Connections ........................................ 15 Projected Water Use .................................. 16 Section VI1 Reliability Comparison (§10631c) ............................ 17 Section VIII Inconsistent Water Sources (§10631c) ................. MTBE ..................................... Interim Response ............................ Production Loss due to MTBE Contamination ...... Production Loss due to Aging Wells ................ Mitigation of Inconsistent Water Supply Sources ...... Action Summary ............................... Pending Water Quality Concerns .................... 18 18 18 19 19 20 20 20 Section IX Three-Year Minimum Water Supply (§10632b) ................. 22 -i- Section Description Page Section X Water Supply Reliability (§10631c) .......................... 23 Section XI Water Recycling: Wastewater System Description Wastewater Generation, Collection & Treatment Wastewater Disposal & Recycled Water Use Encouraging Recycled Water Use (§10633a-f} ................ 24 Ilistory/Porter Cologne Act ............................. 24 Master Planning for the Future .......................... 24 Flow Data, Trcnd .................................... 24 Recycled Water Optimization Plan ....................... 25 Section XII Supply and Demand Comparison Provisions (§10635a) ........... 26 Supply & Demand Comparison to 20 Years ................ 26 Supply Reliability and Demand Comparison Three Scenarios... 26 Section XIII Water Shortage Contingency Plan: Preparation for Catastrophic Water Supply Interruption (§10632) ....................... Stages of ActiotffProhibitions/Consumption Reduction Penalties ................................... Revenue and Expenditure Impacts .............. Reduction Measuring Mechanism ............... Measures to Overcome Impacts ................. ....... 27 ....... 28 ....... 29 ........ 30 ........ 30 ........ 30 Section XIV Demand Management Measures (§10631) ..................... 31 Current Water Conservation Measures .................... 31 Alternative Conservation Measures ....................... 32 -ii- No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Listing of Tables Description Climatic Data, Monthly Averages and Records .............. Population Projection ................................... South Lake Tahoe Employment & Labor Income by Industry .. Current and Projected Water Supplies ................. Well Sources, Capacity & Status ..................... Water Purchase Evaluation ......................... Number of Connections by Type ..................... Projected Water Use .............................. Supply Reliability ................................. Production Loss MTBE ............................ Three-Year Estimated Minimum Water Supply .......... Water Shortage Expectations ........................ Sewer Flows Fiscal Years 1992 - 2001 ................... Supply and Demand Projections to 2020 ................... Supply Reliability and Demand Comparison Three Scenarios... Preparation Actions for a Catastrophe ..................... Water Supply Stages and Conditions Page .. 23 .. 24 .. 26 .. 27 .. 27 .. 28 -iii- NO. Listing of Graphs Description Annual Water System Production 1987 - 2001 ... Average Daily Wastewater Flow Trend ....................... Page 26 A B C D E F G H l Listing of Appendices Board Authorization - Urban Water Management Plan Update Water Allocation for the South Tahoe Public Utility District Service Area, March 1994 South Tahoe Public Utility District Water System Production 1985 - 2001 South Tahoe Public Utility District Policy Regarding Methyl Tertiary Butyl Ether (MTBE) Water Shortage Operations Contingency Plan The Porter-Cologne Water Quality Control Act South Tahoe Public Utility District Administrative Code Section 3.4 Water Conservation Program Examples Analysis of Metering, Brown & Caldwell 1995 -lin- Section I Introduction This document represents South Tahoe Public Utility District's (STPUD; or District) Urban Water Management Plan (UWMP) as required by the California Urban Water Management Plamfing Act (Califonfia Water Code Division 6, Part 2.6, Section 10610). This submittal fultills the District's requirement to update its Plan. During the review of this Plan, two recurring themes wilt become apparent. First, the challenges of the South Tahoe Public Utility District to meet its water demand obligations in recent years fall into the water quality category not the water quantity category. The service area is located in a wonderfully water-rich region of the state that is only minimally effected by drought, but has been subject to water supply contamination. Second, the District is located in an isolated area of the state in terms of water supply. In fact, the District lies within a watershed which flows into Nevada, not Calitbrnia, and is regulated under the Truckee River Operating Agreement and a bi- state compact with Nevada. At 100+ miles east of the Central Valley and 6,200 feet elevation, there are no opportunities to seek additional water t~om Calitbrnia's huge state or federal water projects. The District meets these challenges with sound, yet flexible planning practices and a water conservation program tailored to its locale. The District's water supply is exclusively groundwater. Over the past six years the District 'has experienced the loss of one-third of its active wells due to MTBE contamination, reducing the production by 13 wells. The catastrophic water supply interruption scenario which is the subject of Section VIII has been a reality in our service area. While working to restore the potability of contaminated water and implement meaningful conservation measures, the District is also pursuing reimbursement of costs through legal means from those responsible for the contamination. The District h~ been promoting water conservation since 1982. The water conservation programs have targeted residential, commercial, and vacationing water users in this resort community. Through public and school education, low water use fixture promos, staged water use restrictions, water educator patrols, leak detection, an award-winning demonstration garden, and landscape audits the District continues its efforts for improved water efficiency. Section II Public Participation/Agency Coordination (§10642; §10620) Plan Adoption The staffofthe South Tahoe Public Utility District prepared tins update of its Urban Water Management Plan. The updated plan was adopted by the Board of Directors on ,2002, and will be submitted to the Calitbrnia Department of Water Resources. The District was unable to meet the December 31, 2000 deadline for its UWMP due to three years of intense litigation over the MTBE contamination of its water supply. The case went to Superior Court in San Francisco last fall; the trial may last several more months. Public Participation The South Tahoe Public Utility District 'has actively encouraged public participation in its water management planning efforts, hosting annual public hearings to describe new capital water projects, budgets, rates, conducting "open house" and neighborhood meetings at new facilities. A citizen's advisory group was established to assist the District in developing a Groundwater Management Plan to prevent further contamination of groundwater. The District st'afl'works with the City of South Lake Tahoe staffto maximize 'landscape water use efficiency at ball fields and public parks especially during periods of water use restrictions. The agencies have cooperated in finding landscape uses fbr water that does not meet drinking water standards, thereby freeing up additional potable water for the community. For tins update, legal public notices and mailings were used to ensure ihll participation by District customers and interest groups, as well as other local water and planning agencies. A public meeting was held on ., 2002, to allow for review and comment on the ch'afl plan before the Board's approval (Appendix A). -2- Section 111 Supplier Service Area (§10631a) Climate Characteristics At 6,200 feet elevation, the residents in the STPUD service area enjoy distinct seasons. The tbur sharply defined seasons bring a continual round of variety and at the same time greatly affect water use. High temperatures in December/January/February average about 40" F., lows about 16° F.. California's Sierra Nevada snow falls in great quantities fi~om late November to early April. The average cumulative winter snow pack is 216 inches, nearly 20 feet. The summer months, which coincide with the heaviest tourism, are very dry and storey, though daytime average temperatures are only in the 70°'s. The total rainfall for the four-month period Jtme - September averages only 5 inches. Spring and thll temperatures are very similar, as are both seasons' rainlhll, though March - May averages cooler temps and more precipitation than the fall. The total average annual precipitation is 32.91 inches, however, consistent with the rest of California, there are wide swings offof "normal." Over a 50-year period of Lake Tahoe's recorded weather data, 80% of the days have had sunshine. The probability runs from December/January/February low of 75% days with sunshine to a June/July/August high of 93% days with sunshine. An average yeas' will provide approximately 240 cloudless days and another 75 days with mixed sun/clouds, and just 50 days with precipitation. Table 1- Climatic Data, Monthly Ave es and Records Jan Feb Mar Apr May June July I Aug Sept Oct Nov Dec Avg. 39°F 41°F 44°F 51°F 60°F 69°F 78°F 78TM 71°F 61°F 47°F 40TM Avg. 15°F 17°F 21°F I 25°F 31°F 37°F 4t°F 40°F 35°F 28°F 22°F 16°F Low Rec. 60° F 62°F ~ 70°F 76°F 84°F 90°F 99°F 96°F 94°F 84°F 70°F 63°F High (1990) I (1977) (1988) (1981) 0986) 0988) (1988) (1981) (1988) (1988) (1999) (1990) Rec. -28°F -29°F -10TM -I°F 7°F 21°F 25°F 25°F 19°F II°F '6°F '29°F Low (1993) (1989) (1971) (1975) (1974) (1988) (1976) (1974) (1984) (1971) (1975) (1972) WorldClimate.com ,derived fi-om NCDC Coot~rative Statio~ts, 38.81 °N 120.01 ° W. Precip. By Resource Conservation District, South Lake Tahoe -3- Demographic Profile STPUD is a California Special District established in 1950. The 27,000 acre service area covers the south shore of Lake Tahoe from Emerald Bay on the west, Christmas Valley on the south, the California-Nevada stateline to the east, and Lake Tahoe on the north. Originally the services of the District were limited to wastewater collection, treatment, and disposal. In the mid-1970's the District began to acquire private water companies and presently is the single largest water purveyor within the Lake Tahoe basin. The population within the STPUD service area consists of residents in the City of South Lake Tahoe and in the Montgomery Estates, Tahoe Paradise, Meyers, Angora Highlands, Fallen Leaf Lake, and Christmas Valley portions of eastern E1 Dorado County. STPUD provides wastewater collection, treatment, and disposal to 17,000 customers, 13,000 of which are also water customers. The vast majority of District water customers -80%--are residential. Tourism fbrms the economic base of our community. Though the beamy and recreational opportunities have lured millions of visitors to South Lake Tahoe each year in recent history, the real beginnings of development were the during Nevada's silver mining years of the 1850s and 1860s. Early pioneers struggled to carve out a year round existence, with more and more summer cabins being built during the first half of the 20th century. Small communities grew throughout the region and roads and schools were built. South Tahoe Public Utility District was voted into existence by 79 '~yes" votes in September 1950. The City of South Lake Tahoe incorporated in 1965. A large influx of full time residents in the 1950s, 1960s and 1970s found the '~iewel of the Sierra." Modest summer-only cabins with native vegetation have given way to 'larger and larger, 2-story full time residences with lams. The Politics of Growth An tmderstanding of the STPUD service area is incomplete without a discussion of the i~deral bi- state agency which determines growth throughout the region. More t'han a hundred years ago, conservationists voiced concern about the impacts of tourism, ranching, and logging on the Lake Tahoe environment. Their wish to make Lake Tahoe a national fbrest or park didn't gain enough support in Washington D.C., primarily because much of the land in the Lake Tahoe basin was already privately owned and had been developed or logged. Many thought it was too late to preserve Lake Tahoe. But conservationists continued lobbying for environmental protection as logging and ranching waned, ski resorts expanded, and high-rise Stateline casinos were built. The debate came to a climax in the late 1960s after two decades of rapid growth. The governors and lawmakers in California and Nevada approved a bi-state compact which created a regional planning agency to oversee development at Lake Tahoe. In 1969, the United States Congress ratitied the agreement and created the Tahoe Regional Planning Agency (TRPA). TRPA was the first bi-state regional -4- environmental planning agency in the country. The bi-state compact, as revised in 1980, gave TRPA authority to adopt environmental quality standards and to enforce ordinances designed to achieve the standards. The standards, or "thresholds" are in nine categories: water and ak quality; soil conservation; vegetation; fisheries; wildlife; scenic quality; noise; and recreation. The thresholds were adopted by the TRPA Governing Board in 1982 along with 36 indicators which measure the success of the standards. The Governing Board adopted a long-range regional plan in 1984 amidst concerns of both environmentalists and developers. Law suits were immediately' filed in federal court and the judge effectively ordered a moratorium on new building at Lake Tahoe which lasted from 1984 - 1987. After three years of negotiations, the lawsuit was settled and the TRPA's 1987 Regional Plan was adopted, creating a 20-year planning horizon, with 5-year benchmark Evaluation Reports on the levels ofatta'mment for each of the thresholds. The Regional Plan is in effect today'. A new Regional Plan will be adopted for the next planning horizon 2007-2027. The majority of TRPA's thresholds rema'm out of atta'mment. Since 1987 the limit tbr residential development in the STPUD service area has been 116 single family dwellings per year (out of 300 per year for the entire Lake Tahoe basin). Recently the TRPA recommended a lower level of residential development-225 for the Lake Tahoe basin, about 87 for the District's service area- to be extended through 2006, contingent on key environmental recommendations. Note: This figure includes any multi-family dwellings that may be approved (i.e., a triplex would be considered 3 of the allowed dwellings.) Commercial development is also very strictly allocated in a complex manner which assigns square footage in approved "commtmity plan areas" and which is contingent on progress of the basinwide $900 million Environmental Improvement Program. There is only 150,000 sq. fi. of new commercial development recommended for the entire Lake Tahoe basin through 2006. Redevelopment The most significant commercial development in the District's service area over the past ten years has been redevelopment projects which replace old, dilapidated and out-dated strip development with high-quality lodging and related guest facilities. Two large redevelopment projects have been completed, two are currently under construction, with more projects on the planning horizon. While there is an overall reduced number of overnight lodging rooms in the redevelopment project areas (using modem water conserving fixtures) the overall occupancy is anticipated to be significantly higher. In addition, there is landscaping p 'la~ed to beautit~ redeveloped sites. The District was able to participate in the extensive environmental review process, commenting on Redevelopment Agency's estimate of water use. The result of the community's redevelopment effort in terms of water is a moderate net increase in demand. Population The District's current year-round population base is about 31,500. Over the next decade, the population of the Lake Tahoe region portion of E1 Dorado County, which corresponds to the -5- District's service area, is expected to grow slowly to about 32,800, representing an average annual growth rate of only .4%. This slow growth is in stark contrast to California's annual growth rate of 1.25% and El Dorado County's overall annual growth rate of 3.43%. Applying the same .4% level of growth to a 20- year horizon the District's population base will be about 34,100 in 2020. Table 2 - Population Projection El Dorado County, 1990 2000 2005 2010 2015 2020 Lake Tahoe Region STPUD Service Area 29,652 31,514 32,150 32,793 33,455 34,121 2001 Threshold Evaluation Report (draft in circulation), Tahoe Regional Planning Agency Visitors to the District's service area, especially during the summer season, can easily double the population numbers above. The demand spikes created by warm weather, irrigation, and summer weekend visitors create the peak water demand that drives the sizing of ail the District's water production, storage, and distribution facilities. Business Diversity Tourism is the major industry in the District's service area. Visitors traveling to the Lake Tahoe region provide nearly three-fourths of all jobs a~nd over two-thirds of total earnings both directly through visitor spending and indirectly through the spending of the businesses and employees serving the visitors. Table 3 describes employment and labor income by industry. Table 3 - South Lake Tahoe Employment & Labor Income by Industry Industry No. of Percentage Labor Income Percentage Jobs (in $1,000) Agriculture & Agricultural Services 126 0.8% $1,020 0.3% Construction 901 5.7% 32,677 9.9% Food Processing 5 0.0% 103 0.0% Misc. Manufacturing 73 0.5% 1,452 0.4% Transportation 272 1.7% 6,312 1.9% Publishing & Communications 217 1.4% 6,386 1.9% Public Utilities 192 1.2% 14,091 4.3% Trade 2,407 15.3% 49,843 15.1% Motels/Eating & Drinking 2,988 19.0% 44,166 13.4% Finance, Insurance, & Real Estate 1,199 7.6% 19,033 5.8% Amusement & Recreation 3,040 19.3% 30,779 9.3% -6- Industry No. of Percentage Labor Income Percentage Jobs (in $1,000) Business Services 662 4.2% 16,905 5.1% Medical/Education/Social Services 1,668 10.6% 50,200 15.2% Federal Govt. 192 1.2% 5,859 1.8% State Govt 29 0.2% 1,287 0.4% Local Govt. 1,293 8.2% 38,341 11.6% Totals 15,766 100.0% $329,699 100.0% ssessment, Watershed Asses.sment, TRPA, b ' Jones & Stokes Associates 1999 -7- Section IV Water Sources (§10631b) Water Supply Sources/Production The water supplied by the District crones entirely from 28 municipal wells pumping groundwater fi.om the South Lake Tahoe basin. These waters are regulated under the Truckee River Operating Agreement and a bi-state compact with Nevada. This compact sets a maximum 23,000 and 11,000 acre feet, respectively, for California and Nevada water use that is still far fi-om being reached. With strictly limited development (discussed in Section III), and less than 3,000 vacant parcels remaining in the District's service area, it is highly unlikely this maximum will ever be met. (See Appendix B, Water Allocation for the South Tahoe Public Utility District Service Area, March 1994) Tabk ~.ao~c ~ - ~mr~nt ant~ Fro ~cteo water supplies Water Supply 2000 2005 2010 2015 2020 Sources MG MG MG MG MG Purchased fi'om USBR Purchased fi.om DWR Purchased fi.om wholesaler Supplier produced 2,519.40 2,720.98 2,835.79 2,955.45 3,080.15 groundwater Supplier produced surface diversions Transfers/Exchanges In Recycled Water Other Total 2,519.40 2,720.98 2,835.79 2,955.45 3,080.15 The estimates in Table 4 incorporate the projected levels of population, allocated development, redevelopment, and increased irrigation as well as the trend established by historical production data below. -8- Graph 1 - Annual Water System Production 1987 - 2001 (Appendix C) 2700 Total Annual Water System Production 1987 - 2001 2600 2500 ~2400  2300 2200 2100 2OOO 1986 1988 1990 1992 1994 1996 1998 2000 2002 Current Water Supply The District currently operates 28 wells. The complex water system is operated as 20 different pressure zones. These zones are served and supplied fi.om the water sources directly and fi.om 16 booster pumping stations and 22 storage tanks. The total combined storage capacity is 9.9 MG. The system is interconnected to four neighbering domestic water utilities: Lukins Brothers Water System; Tahoe Keys Water System, Edgewood Water Company, and Lakeside Park Mutual Water Company. While there have been opportunities in the past for transferring emergency water through these interties, there are only two small resale meters through which Tahoe Keys Water buys a minimal amount of water from the District on an ongoing basis. In 1996, the fuel additive methyl tertiary butyl ether (MI'BE) was detected in one of the District's wells. Since then, 13 previously active wells were shut down due to MTBE contamination or the threat of contamination, another well's production was cut in half to avoid contamination, and one new well was unable to be put into service (until summer 2002) due to MTBE plumes. The current status of the District's wells and their capacity follows: -9- Table 5 - Well Sources, Capacity & Status Well Name Status Capacity Max. Production Comments (gallons/min.) (gallons/day) Airport Active 787 1,133,280 A1 Tahoe No. 2 Active 2,750 3,960,000 Capable of 2,900. Arrowhead No. 1 Destroyed 170 Destroyed due to MTBE contamination Arrowhead No. 2 Destroyed 630 Destroyed due to MTBE contamination Arrowhead No. 3 Active 6/2002 800 1,152,000 Treating for MTBE removal Bakersfield Active 1,574 2,266,560 Capable of 1,700 gpm for temporary use. Blackrock No. 1 Inactive 38 54,720 MTBE threatened BlackrockNo. 2 Inactive 127 182,880 MTBE threatened Chris Active 93 133,920 Clement Inactive 180 259,200 MTBE threatened College Standby* 1,100 1,584,000 Uranium >MCL, use limited to emergency 15 days max./year Country Club Active 195 280,800 Elks Club Active 192 276,480 Glenwood Active 800 1,152,000 To be put in operation - Summer 2002 -10- Well Name Status Capacity Max. Production Comments (gallons/min.) (gallons/day) Helen No. 1 Inactive 112 161,280 MTBE threatened Helen No. 2 Active, 250 360,000 MTBE Threatened threatened Industrial No. 2 Active 111 159,840 Julie Inactive 205 295,200 MTBE contamination Martin Avenue Active 338 486,720 Mountain View Active 165 237,600 Paloma Active, 2,750 1,677,600 Operating at Threatened <1,575> <2,268,000> half capacity -1,165 gpm due to MTBE plume nearby. South Upper Active 408 587,520 Truckee No. 1 South Upper Active 390 561,600 Truckee No. 2 South Y Inactive 200 288,000 MTBE contamination Sunset Active 671 966,240 Tata No. 1 Inactive 308 443,520 MTBE contamination TataNo. 2 Inactive 73 105,120 MTBE contamination Tata No. 3 Inactive 168 241,920 MTBE contamination -I1- Well Name Status Capacity Max. Production Comments (gallons/min.) (gallons/day) Tata Lane Inactive 75 108,000 MTBE contamination Valhalla Active 1,000 1,440,000 Total 28 Active -- 17 Active -- 11,689 Active-- 16,832,160 Operable Wells Inactive or Inactive -- 3,861 Inactive = 4,407,840 threatened = 11 Standby = 1,100 Standby -- 1~584,000 Standby -- 1 Total = 22,824,000 Destroyed = 2 eT~UD Water Operations, Boyle MTBE Water System Impacts 2000 Addressing the challenges that MTBE contmnination has caused the District has been enormous in scope. The District completed a comprehensive Master Plan Update, MTBE Water System Impacts and Mitigation Evaluation, September 2000, addressing the restoration of water production lost to contamination. The options studied include constructing new wells, securing surface water rights, purc 'hasing water, rehabilitating its wells, conserving water, and installing treatment facilities to remove MTBE fi~om District wells. A further examination of the reliability of our water resource is made in Section VIII, Inconsistent Water Sources. -12~ Section V Transfer or Exchange Opportnnities The South Tahoe Public Utility District is by thr the largest domestic water utility in the South Lake Tahoe area. This is true on both sides of the California-Nevada border. There are four potential water purveyors bordering the District's water system that could be considered potential sellers of water. These four public water systems, with which the District maintains emergency interties, are: · Edgewood Water Company, Nevada · Lakeside Park Mutual Water Company, California · Lukins Brothers Water Company, California · Tahoe Keys Mutual Water Company, California The District thoroughly evaluated the opportunities for water purchase during the MTBE Water System Impacts and Mitigation Evaluation study. In fact, during May 2000, the District executed a wholesale agreement with the Lukins Brothers Water Company to temporarily overcome MTBE- related water quality problems by purchasing water through existing emergency intercormections for a fixed term for a fixed amount of compensation. However, purchasing water, except as interim or emergency supplies is not a viable option to mitigate the MTBE problems or other supply deficiencies on a long-term basis and has not been used. Table 6 - Water Purchase Evaluation Potential Water Source Major Reasons Edgewood Water Company · Treated lake water may contain low levels of MTBE. · Inadequate surface water treatment to meet State of California requirements. · Edgewood Water wishes to keep their excess water rights for their own future growth needs. · Water purchase would not restore the reliability of the District's specific pressure zones that it had before MTBE impacts. -13- Potential Water Source Major Reasons Lakeside Park Mutual Water * Insufficient capacity in their surface water treatment plant Company to supply treated lake water. · Lakeside Mutual wishes to keep their excess surface water rights for future growth. They do no want to sell/lease raw lake water rights. This may be negotiable but would involve limited amounts of water. Their peak demands will always occur during the summer season too. · Water purchase would not restore the reliability of the District's specific pressure zone that it had before MTBE impacts. Tahoe Keys Mutual Water · Unwilling to sell any of their excess groundwater. Company · Selling water might adversely impact their mutual water company status. · Increasing the pressure in their aging water system may cause pipeline leaks. · Tahoe Keys Water does not want to chlorinate their wells to supply the District with chlorinated water. · Water service would not restore the reliability of the District's specific pressure zone that it had before MTBE impacts. · The consumers of the mutual water company may become concerning having their water system connected to the District's water system since there are MTBE problems that may impact them by a backflow condition. Lukins Brothers Water Several of Lukins' wells are threatened by MTBE, Company therefore impacting the reliability of the supply. Existing excess well capacity is too small to solve the MTBE impacts for the District's adjacent pressure zone. Extensive water system/pipeline improvements would be necessary to mitigate the total loss of water in the effected pressure zone. Additional pumping facilities would need to be installed to adequately supply the District's effected pressure zone · Water service would not restore the reliability of the District's specific pressure zones that it had before MTBE impacts. Boyle MTBE Water System Impacts 2000 -14- Connections Section VI Past, Current, and Projected Water Use (§10631e) The District currently serves water to almost 12,500 homes and multMhmily accounts and about 500 commercial and government sites. The large majority of the District's customers are unmetered residential customers that are assessed quarterly flat water rates. Although there are a small number of unmetered commemial customers, the majority of the commercial customers are metered and are assessed metered water rates. The service area population data (.4% annually) coupled with strict development limits (87 - 116 single family dwellings per year, including multi- fmnily dwellings, ~ of which are not in the District's water service area), and redevelopment projects vs. new development, result in very modest projections. Table 7 - Number of Connections by Type Customer 1990 1995 2000 2005 2010 2015 2020 Type Single Family 10,303 10,862 11,312 11,767 12,222 12,677 13,132 Residential Multi-family 969 1,093 1,104 1,119 1,134 1,149 1,164 Residential Commercial 772 643 590* 590* 602 614 626 Includes metered multi-family Industrial Other Water 2 2 2 2 2 2 2 Systems Totals 12,046 12,600 13,007 13,478 13,960 14,442 14,924 STPUD Annual R, >orts, DWR Public Water System Statistics, Customer Service Records *Through redevelopment, dozens of small commercial water customers are being replaced by a few new large customers. -15- ProiectedWaterUse Projected water use estimates are based on the small increases to our customer base and the trend of increased residential landscaping. Table 8 - Projected Water Use by Customer Class (in millions of gallons) Water Use 1991/2 1995 2000 2005 2010 2015 2020 Class Single Family 931.09 1091.56 1194.74 1306.17 1391.15 1442.94 1494.64 Residential Multi-family 222.32 337.27 340.43 345.77 352.49 359.52 365.38 Residential Commercial 695.24 536.77 652.31 710.83 718.96 764.20 815.07 Includes metered multi-family Industrial Other Water 3.30 3.30 3.30 3.30 3.30 3.30 3.30 Systems System losses 277.79 297.28 328.61 354.91 369.88 385.49 401.76 Totals 2,129.74 2279.17 2519.31 2720.98 2835.79 2955.45 3080.15 Brown & Caldwell Water Rate Study, 1995; Customer Service Records, Water Operations Records -16- Section VII Reliability Comparison (§10631c) Unlike the majority of Caliibrnla's water retailers, the District's water supply volmnes simply are not affected by single or multiple dry water years. The wells that serve as the water supply are very literally supported by Lake Tahoe, the largest alpine lake in North America. A recem grotmdwater study confirms this. With a depth of 1,646 feet, surface area of 191 square miles, Lake Tahoe contains about 39.75 trillion gallons of water. Despite the lake level dropping 10 ~et during the last prolonged drought of 1985-1991, the draw- down level of District wells was less than 4 feet and only in a few wells. The following table demonstrates that the District does not have supply deficiencies related to dry weather. Table 9 - Supply Reliability (values in million gallons) Multiple Dry Water Years Average/Normal Single Dry Year 1 Year 2 Year 3 Water Year: Water Year 1985 - 2001 1991 1988 1989 1990 4,437.64 4,437.64 4,437.64 4,437.64 4,437.64 Note: The District's firm source capacity is now 6,924.78. -17- MTBE Section VIII Inconsistent Water Sources (§10631c) Since 1996, contamination of groundwater by the fuel additive MTBE has caused the closure of 13 wells, over oneqthird of the District's water sources. Gasoline/MTBE leaks fi.om South Lake Tahoe area gas stations tanks travels easily through porous granitic soil into groundwater supplies. MTBE is a suspected carcinogen and even at low levels the chemical causes a foul taste and odor. The District has made enormous efibrts to combat this menace. First, the District lobbied legislators and government officials to ban the use of MTBE as a fuel additive. Though a statewide ban has recently been postponed fi:om January 2003 to January 2005, the District was successful in enlisting the help of El Dorado County and the City of South Lake Tahoe to create a MTBE-free zone at South Lake Tahoe that began April 1999. Next, the District changed operational criteria to meet water demand, while at the same time it began to develop a plan to restore water production. The MTBE Water System Impacts and Mitigation Evaluation Report was completed by the District and Boyle Engineering in September 2000 (Boyle Evaluation). The Boyle Evaluation recommended treating the MTBE contaminated wells. The District will begin treatment of the Arrowhead Well No. 3 using advanced oxidation (hydrogen peroxide/ozone) this month (May 2002). The District began drilling test wells to site new production wells.. Unfortunately, the District has had no success due to groundwater contamination by MTBE amd natural occurring contaminants such as arsenic and manganese, with the exception ora well on U.S. Forest Service property. In November 1998 the District tiled a lawsuit against oil companies and gasoline retailers seeking compensation for damage to its water supply. Interim Response On April 15, 1999 the District Board of Directors (Board) adopted an MTBE Policy that prohibits the delivery of drinking water containing detectable concentrations of MTBE except in strictly limited circumstances. The last paragraph of the MTBE Policy states: "Staffwill prepare a contingency plan to establish the priority for the utilization of wells placed on standby status because of MTBE. The contingency plan shall ensure that only wells with the lowest concentrations, if any, of MTBE axe activated to meet emergency needs." (Appendix D) On May 6, 1999 the District's Board of Directors adopted a Water Shortage Operations Contingency Plan to mininfize the possibility of operating wells with low levels of MTBE contamination. Extreme operational and water conservation measures were approved, it' necessary, before a decision would be made to use MTBE tainted wells or aquifers, while still -18- complying with all state and federal laws for drinking water quality. The Water Shortage Operations Contingency Plan employed the District's staged water conservation provisions to achieve a drastic decrease in demand, if necessary. (Appendix E) Since the MTBE problem began, the District has drilled two new wells, Arrowhead No. 3 and Valhalla Well. Arrowhead No. 3 requires treatment for MTBE removal and is just now being put into service. Valhalla Well was drilled to only temporarily meet the loss of water due to MTBE contamination. During 2000, the District obtained a temporary emergency water supply standby source tbr its Gardner Mountain pressure zone fitom the Lukins Brothers Water Company. However, the District did not use the standby source. Production Loss due to MTBE Contamination The table below lists the 10 wells that are currently inactive due to MTBE contamination. Table 10 - Production Loss MTBE Well Name Capacity Max. Production (gallons/day) (gallons/min.) Blackrock No. I 38 54,720 Blackrock No. 2 127 182,880 Clement 180 259,200 Helen No. 1 112 161,280 Julie 205 295,200 Paloma (portion of prod.) 1,575 2,268,000 South Y 200 288,000 Tara Lane 75 108,000 Tata No. I 308 443,520 Tara No. 2 73 105,120 Tara No. 3 168 241,920 Totals 3,061 4,407,840 Production Loss due to A~in~ Wells Some older wells have lost production over the past decade due to plugged screens caused by corrosion and sediments. Glenwood Wells Nos. I - 4 are being destroyed and replaced with one well on the same site. Martin Well may be redrilled, depending on water quality. Industrial No. 1 and Mountain View Wells_may be replaced by new wells drilled in the same pressure zone as will -19- South Upper Truckee Wells No. 1 and 2. Mitigation of Inconsistent Water Supply Sources In thc Boyle Evaluation, three basic options were considered to restore the District's water supply. First, the District could attempt to obtain new water supplies by securing surface water supplies, installing new wells, or purchasing water fi'om a third party. Second, the District could attempt to use its remaining water resources in a more effective way by rehabilitating its wells, conserving water, or using similar strategies. And finally, the District could install treatment facilities to remove MTBE fi'om District wells. The determination of the exhaustive Boyle Evaluation is that treatment is the only viable option. Action Summary To accommodate future growth demands of the water system, two new wells are proposed to be sited in areas with no known MTBE groundwater threats. New pipelines, emergency power fhcilities, and other appurtenances arc also needed to convey newly developed water to the various pressure zones where the water was lost. The District's consultants, Boyle Engineers, recommended wellhead treatment to remove MTBE from District wells. Installation of an advanced oxidation well treatment at Arrowhead Well No. 3 is now underway. The treatment option off, rs the additional advantage of mitigating MTBE impacts on the aquifer the District has used to supply water to its customers. By extracting and treating large volumes of drinking water, the District may gradually reduce MTBE concentrations in the aquifer and reduce the likelihood of future impacts on down-gradient wells. If the District were to abandon the MTBE-impacted/threatened wells, it may permanently lose a very significant portion of the available groundwater aquifer system for the South Lake Tahoe area. The District may eventually pursue reactivating 2,718 AFY surthce water rights to Cold Creek (unused since 1991, but which may be available) with the intention of transferring such rights to Lake Tahoe, after the Truckee River Operating Agreement is completed sometime in the unforseeable future. Water metering analyses have been conducted in 1995 and 2001. At this time metering is not cost-effective. However, with the advent of MTBE contamination and poor results from test wells, the t?agility of District drinking water supplies lessens the value of a strict cost/benefit analysis in determining the wisdom and utility of installing water meters. The District will continue to study and update this intbrmation. Meanwhile, the District maimains initial capital funding for system-wide metering in its five-year capital budget forecast. Pendine Water Oualitv Concerns New regulations for arsenic, urunium/radon, and other volatile chemicals ',dso require careful consideration. Seven of the District wells will be impacted and require treatment or removal if the -20- state arsenic maximum contaminate Level is set at 5 ppb; two wells will require treatment at the federal standard of 10 ppb. Two wells exceed the current uranium standard of 20 pCi/L and may eventually also require treatment if they are to be used. -21- Section IX Three-Year Minimum Water Supply (§10632b) As discussed at length in previous sections, the District minhnum water supply should not be based on a historic sequence of "driest"years, but rather associated with diminished supply due to water quality issues. Therefore, the following chart illustrates the conditions that existed from 1998 - 2001 due to MTBE contaminated/threatened wells being out of service. The District does not anticipate this water availability scenario occurring again. Table 11 q Three-Year Estimated Minimum Water Supply (in million gallons) Three-Year Minimum Water Supply Year 1 Year 2 Year 3 6,143.74 6,143.74 6,143.74 -22- Section X Water Supply Reliability The District's peak water demand, and therefure its supply reliability, is driven by tourism and landscape irrigation, not climatic shortages/vulnerabilities. As described in Section III, summer visitors can easily double the population during the busy weekends in the summer months. Therefore, trimming the highest peak water use during the tourist and irrigation season is the main focus of the staged water conservation restrictions outlined in Section XIII. Meeting maximum day demands in the District's various pressure zones during the summer months requires operational storage capacity and the ability to move water between interconnected pressure zones. The maximum day demands for each water pressure zone do not always occur on the same day. it is operationally and financially prudent fur the District to utilize its staged water conservation restrictions to trim peak water use. This strategy has been successful in the past ten years. Stage 2 restrictions qualifies as the fn:st tier of restrictinns (odd-even outdoor watering), and is used as the gauge below: Table 12 - Water Shortage Expectations Water Shortage Expectations Number of times the District expects to enter 20 a Stage 2 (lst tier) Water Shortage over 20 years due to seasonal water demand -23- Section X! Water Recycling: Wastewater System Description Wastewater Generation, Collection & Treatment Wastewater Disposal & Recycled Water Uses Encouraging Recycled Water Use (§10633a-f) History/Porter Cologne Act From very modest beginnings in 1951 which included two 18,000 gallon redwood septic ta~s, the District's wastewater collection/treatment/recycling processes have grown to a 7.7 mgd advanced secondary operation serving 17,000 customers. The District's award winning collection system and wastewater treatment plant produces an average 4.5 mgd, 100% of which is recycled. However, the Porter-Cologne Act of 1968 requires that all wastewater be exported out of the Tahoe basin watershed, leaving no opportunities for re-use within our service area except for catastrophic fire suppression in a small limited area. (Appendix F) Since 1968 the District 'has delivered its high quality treated effluent through a 26 mite export system, over 7,400 fi. Luther Pass (a lift of 1,200 fl.), to Alpine County. The recycled water is stored during the winter months in 3,800 acre ibot Harvey' Place Reservoir and distributed to six ranches for irrigation purposes in the dry summer months. When the District first built the water reclaination facilities, Alpine County provided the most feasible disposal site and was the only area willing to take the water. In return for helping the District, Alpine County and its 1,000 residents receive many benefits. The fi.ce recycled water is distributed all summer and fall. The six ranches stay green, allowing for extra cuttings of hay. The District pays an annual mitigation fee hi excess of $100,000 to Alpine County and stocks local fisheries. Master Planning for the Future Opinions at the District and throughout California have changed since 1967. Recycled water is now valued as a precious resource by drought-conscious Californians. In 2000 the District began a Master Plan for the recycled water system to extend over the next twenty years. In addition to evaluating the physical facilities and contractual issues, the District is also ready to seek a benefit in return for the valuable recycled water. Flow Data, Trend The tbllowing chart and table shows wastewater flows tbr the past ten years. The flat trend line is reflective of slow growth, low-water use fixtures, redevelopment vs. development, and improvements in the collection system. The existing 7.7 mgd plant will likely serve through build- out of undeveloped lots within the service area. -24- Graph 2 - Average Daily Wastewater Flow Trend 6 3 1992 19'93 1994 1995 1996 1997 1998 1999 2000 2001 Table 13 - Sewer Flows Fiscal Years 1992 - 2001 (in million allons) Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Annual 1,426 1,566 1,487 1,630 1,699 1,864 1,668 1,792 1,728 1,663 Flow Avg. 119 131 124 136 142 155 139 149 144 139 Monthly Flow Average 3.90 4.29 4.07 4.46 4.65 5.11 4.57 4.91 4.73 4.55 Daily Flow STPUD Comprehensive Annual Financial Report, fiscal year ended 6/30/2001 Recycled Water Optimization Plan Despite the prohibition of recycling within the District's own service area, through a special legislative act in 2000, the District was able to install 6 fire hydrants along a short section of its export pipeline. These hydrants provide emergency fire suppression to a small residential community (that does not have municipal water service) and the District's critical wastewater pumping station at the base of Luther Pass. The availability of recycled water in the evem of a catastrophic fire in this heavily forested area provides a level of security to the residents, the District and the Lake Valley Fire Department. Three additional hydrants in Alpine County provide similar fire protection as the export line makes its way to Harvey Place Reservoir. -25- Section XI! Supply and Demand Comparison Provisions (§10635a) The supply and demand volumes illustrate the District's overall abundant supply vs. demand that is growing relatively slowly. The 2000 supply shows the minimum water supply due to MTBE comamination; years 2005-2020 show production restored. While there are plans for adding additional well sources over time, the District staff anticipates the new wells will replace old wells as they are abandoned. Table 14 - Supply and Demand Projections to 2020 (in million gallons) Projections 2000 2005 2010 2015 2020 MG MG MG MG MG Supply 6,143.74 7,502.94 7,502.94 7,502.94 7,502.94 Demand 2,519.40 2,720.98 2,835.79 2,955.45 3,080.15 Excess Supply 3,624.34 4,781.96 4,667.15 4,547.49 4,422.79 STPUD Water Operations, Lab The following table illustrates the supply when compared to average, single, and multiple year diminished supply that was established in Section VIII, Reliability Comparison Table 15 - Supply Reliability and Demand Comparison Three Scenarios (in million gallons) Multiple Dry Water Years Average/Normal Single Dry Year 1 Year 2 Year 3 Water Year Water 1988 1989 1990 (1985 - 2001) Year 1991 Supply 4,437.64 4,437.64 4,437.64 4,437.64 4,437.64 Totals Demand 2,245.62 2,025.76 2,209.77 2,235.53 2,226.39 Totals Difference 2,192.02 2,411.88 2,227.87 2,202.11 2,211.25 ;TPUD Water Operations, Lab -26- Section XIII Water Shortage Contingency Plan: Preparation for Catastrophic Water Supply Interruption (§10632) The District prepared its Emergency Response and Recovery Plan (Emergency Plan) in 1999 in accordance with Government Code Section 8607.2(c). In the portion of the Emergency Plan that addresses 'hazard assessment and vulnerability analysis the District cited contamination of the water supply as an event that would have significant "weight" as a disaster and provides guidance during an emergency including the actions in Table 14. However, the Emergency Plan does not and cannot fill the need for specific operating procedures during specific disasters due to its multi-zonal makeup and the innumerable possible response options available depending on the emergency. A Water Shortage Operations Contingency Plan (Water Shortage Plan) was adopted by the District Board of Directors on May 6, 1999 to specifically reduce water demand due to contamination/threat by MTBE. (Appendix E) Extreme operational and water conservation measures are described in the Water Shortage Plan. Progressively strict water conservation stages, as provided by the District's Administrative Code Section 3.4 (Appendix G), are an integral component of the District's Water Shortage Plan. Between the Emergency Plan and the Water Shortage Plan, the District is well prepared to operate effectively in the face of a catastrophic water supply interruption. Table 16 - Preparation Actions for a Catastrophe Examples of Actions Check if Discussed Determine what constitutes a proclamation ora water shortage / Stretch existing water storage / Obtain additional water supplies vt Develop alternative water supplies vt Determine where the funding will come from vt Contact and coordinate with other agencies vt Create an Emergency Response Team/Coordinator vt Create a catastrophe preparedness plan vt Put employees/contractors on-call vt Develop methods to communicate with the public vt Develop methods to preare for water quality interruptions, vt -27- Stages of Action The District's has 5 water conservation stages beginning with normal conditions and progressing to a water emergency: Stage 1 - Normal Conditions. During periods of adequate water supply, customers are to practice water conservation so that water is not wasted. · Water Users shall not allow water to leave the property by draining onto adjacent properties or impervious surfaces. · Water Users shall repair all leaks in plumb'mg and irrigation systems. · Hoses shall not be used for washing motor vehicles without a shut-offnozzle. Continuous discharge fi-om hose nozzle are prohibited. Exceptions: commercial car washing or commercial service stations, and where the health, safety, and welfare of the public is dependent upon fi:equent vehicle cleaning, such as garbage trucks and vehicles that transport food. Citizens are encouraged to report signs of water leaks and water waste. The use of water to irrigate non-landscaped, natural vegetation or undeveloped property is prohibited unless necessitated by fire prevention considerations in cases of severe fire danger. Stage 2 - Minor Supply Shortage. All the stage 1 restrictions apply, and also the following shall apply: Odd-even watering schedule. Water shall not be used to wash sidewalks, driveways, parking areas, tennis courts, decks, patios, or other improved areas, except in conjunction with driveway repair and sealing, or to alleviate immediate fire or sanitation hazards. · All commercial establishments where food or beverages are provided shall serve water to their customers only when specifically requested by the customer. Stage 3 - Severe Water Supply Shortage. All the stage I and 2 restrictions apply, and also the following shall apply: · Irrigation is prohibited on weekends. The filling with water of outdoor swimming pools which are not covered during periods of non-use is prohibited. · The operation of any ornamental fountain or similar decorative water structure is prohibited unless a recycling system is used and a notice to the public of such recycling system is prominently displayed. Stage 4 - Critical Water Supply Shortage. All the stage 1, 2, and 3 restrictions apply, and the Board may designate specific areas for further restrictions as follows: · Outdoor irrigation of all vegetation including lawns and landscaping is limited to once per week, except more frequent irrigation of public facilities may be permitted pursuant to Section 3.4.16. No water shah be used for irrigating landscaping for new construction. -28- Use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and welfare of the community, as determined by the District or other government entity with appropriate jurisdiction. Stage 5 - Water Emergency. All the stage 1, 2, 3, and 4 restrictions apply, and the Board may designate specific areas for further restrictions as follows: · The use of water for other than domestic and commercial use is prohibited except irrigation of public facilities may be permitted pursuant to Section 3.4.16. The use of water for dust or dirt control, grading and road construction purposes is prohibited. · The use of water ~br flushing of fire hydrants, except tbr emergency purposes, as determined by the District or other government entity with appropriate jurisdiction, is prohibited. The use of water for air conditioning purposes, where an alternative source of fi~esh air is available, is prohibited. Table 17 - Water Supply Shortage Stages and Conditions Water Conservation Stages Water Supply Conditions Penalties The District staff, under direction of the General Manager, is empowered to enforce compliance with the staged conservation measures. It is unusual that water users exceed a first violation. First Violation - For a first violation within one year, the District shall issue a written warning to the Water User. Second Violation - For a second violation within one year, a fine of $100 shall be added to the Water User's bill at the property where the violation occurred. Third Violation - For a third violation within one year, a fine of $200 shall be added to the Water User's bill at the property where the violation occurred. In addition to the fine, the Board or the General Manager may require installation of a flow-restricting device on the Water User's service connection. Fourth Violation - For a fourth and any addition additional violations within one year, a fine of $500 shall be added to the Water User's bill at the property where the violation occurred and the District may discontinue the Water User's water service at the property where the violation -29- occurred in accordance with District procedures. Re-connection shall be permitted only when there is reasonable protection against future violations such as a flow-restricting device on the customer's service connection as determined in the District's discretion. Revenue and Expenditure Impacts As largely a flat rate system, impacts on revenues would be minimal. The District has routinely employed seasonal water educators that assist existing staff in enforcing water conservation measures. Reduction Measuring Mechanism Reductions would be determined by daily recording of water production at wells. Frequency of such production monitoring can easily be increased. Measures to Overcome Impacts The District is seeking rehnbursement of millions of dollars from those responsible for lost production due to contamination by MTBE. -30- Section XIV Demand Management Measures (§10631) The District is committed to developing and implementing aggressive water conservation programs that fit the needs of the resort community it serves. The District recognizes the value and necessity of public education in its effective community outreach and communications programs. An excerpt 15om the District's mission statement expresses this core value: "...the District will strive to share information with our customers to foster and maintain a well informed community." The District's water conservation programs are successful because they target the local resident, vacationing guests, and commercial customers alike. Californians, as a group, are very drought conscious citizens. Often a tourist will call to check on the level of water restrictions the local water company has in effect. Current Water Conservation Measures Water Audits upon request - Water Audits are conducted for all customers upon request and are free of charge. Audits can result in cost-savings to metered customers. Our water auditors are trained and certified by Cal Poly, San Luis Obispo. Waterline Replacement - During the past 10 years, the District has conducted a very aggressive leaky mainline replacement program, replacing an average of 15,000 feet of old waterlines per year. Table Tents for Restaurants - Advertises "water upon request only" Water Conservation Poster Contest - School drawing contest conducted in association with the Soroptomists Club. Winning drawing is made into a poster and distributed throughout the service area. Free/low cost (up to 5 baths free per applicant) showerheads available to residential and hotel/motels. Summertime cooperative water awareness with local radio station KOWL- morning water report. "Talk of Tahoe" show in spring/summer focuses on water awareness, staged restrictions in efli~ct. School tours feature water conservation/awareness. -31- Newspaper articles feature water conservation program, water educators. Demonstration Garden - The community's 3 ½ acre demonstration garden, located at Lake Tahoe Community College, was featured in Sunset Magazine and won the first place award from the Tahoe Regional Planning Agency. It is an ongoing resource for local residents and visitors who are planning and re-planning their landscape design. No Native! - Landscaping awareness program encouraging native and low-moisture requirement landscaping. Wildflower seed distribution - free wildflower seed mix in partnership with Tahoe Resource Conservation District. · Firefest/Home Show water conservation booth for public. Earth Day event participation focuses on water conservation Day of the Young Child at Lake Tahoe Community College includes water conservation. Low-flow Fixture Requirements/Staged Water Restrictions - Provisions in the District's Administrative Code providing for low water use plumbing fixtures and progressive water restrictions. · Recycling - The District recycles 100% of its reclaimed wastewater. (See Examples - Appendix H) Alternative Conservation Measures The District studied the cost of installing water meters in 1995 in connection with its Water Rate Study. (Appendix I). A subsequent analysis was made this year by the District's Chief Financial Officer in connection with her Masters Degree. Both studies arrive at the same conclusion: it is not cost-effective for the District to meter at this time. The short irrigation season at Lake Tahoe is the variable that determines this outcome. Additionally, according to our most recent customer survey, 66% of our customers prefer the flat rate. However, with the advent of MTBE contamination and poor results fi.om test wells, the fi.agility of District drinking water supplies lessens the value of a strict cost/benefit analysis in determining the wisdom and utility of installing water meters. The District will continue to study and update this information. Meanwhile, the District maintains initial capital funding for system-wide metering in its five-year capital budget forecast. -32- Notice of Public Hearing for the Tribune. NOTICE IS HEREBY GIVEN that the Board of Directors of the South Tahoe Public Utility District will conduct a hearing regarding the District's intention to adopt its Urban Water Management Plan Update (Plan). The Plan compares past, currem, and projections of future water demand with similar demographic and water supply data. A copy of the draft Plan is available for public review beginning ..................... at the District's Administrative Offices located at 1275 Meadow Crest Drive, South Lake Tahoe, CA. The District will conduct a hearing at its regularly scheduled Board Meeting to be held at the City Council Chambers, located at 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA, at 2:30 p.m. on Thursday, - ................ . Interested persons are invited to attend. 275 Meadow Crest Drive · Soulh Lake Tahoe. California 96150 Phone (916) 544-6474 · Fax (916) 541-0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT March 10, 1994 CHRIS ST~,OH M DUANE Wg .'-.LAC E Mr. Rick Angelooci Tahoe Regional Planning Agency Post Office Box 1038 Zephyr Cove, NV 89448 Re: South Shore Water Usage Dear Rick: At our meeting on February 24, 1994 we discussed water usage in the South ~hore and how d'-_e usage compared to the amount allocated by the Interstate Compact. Attached is a Position Paper we have prepared for your use in reviewing the 1994 BuiidLng Season Allocations and the upcoming Facility Plan. The paper concludes the proposed allocations will provide sufficient water for the residential, commercial, public se,wice, ~.qd recreational needs on the Zone C. If you need additional in'formation, please contact me. Sincerely, err G. Baer General Manager/Engineer RGB/esh attachments cc: Sam, Attorney Rick Hansen, EIP Hydrick, Thiel, Nobte - STPUD Staff Attachn~nt C ST103822 POSITION PAPER WATER ALLOCATION FOR THE SOUTH TAHOE PUBLIC UTILITY DISTRICT SERVICE AREA MARCH 1994 In July 1984, the California State Water Resourcea Control Board issued a Draft Policy for Water Allocation in the Lake Tahoe Basin. The policy was drafted because both the Sta ~tes of California and Nevada were using the Interstate Compact for water allocations within the I vl'e Tahoe Basin. To date the policy has not been finalized. The Interstate Compact allocated 23,000 acre feet for use on the California side of the Basin. The Draft Report suggested the Califomia allocation be divided between public lands and lands. The policy further suggested the allocations for private lands be divided into thr~ zones. The three zones se!~ted are roughly the boundaries of the North Tahoe Public Utility (Zone A), Tahoe City Public Utility District (Zone B), and South Tahoe Public U~U.~ Diszic: (Zone C)- The zones are shown in Figure 2-1 of the report (at-ached). The proposed allocations reported in the Draft Policy: PROPOSED ALLOCATION USER I ACRE FEET I PERCENTAGE Public Lands: USFS 2,938 13 State 350 2 private Lands * Zone A 3,018 13 Zone B 4,201 18 Zone C 12,493 54 23,000 I 10t3 TOTAL '~ It should be noted the proposed zonal allocations were based on the State Board 208 Plan in effect in the early 1980's, ~.nd the Bailey Land Capability System was used in the 208 Plan. Tie Zone C allocation was developed based on about 4,500 lots being developed. The Zone C allocations included water use by municipal water systems, domestic and recreational systems, private well users, and golf courses. ST103823 Table 1 summarizes the water usage in Zone C from 1974 thru 1993. In 1987 the District initiated an aggressive water conservation program which includes a highly successful ultra-low flow toilet rebate program. Water usage in Zone C has remained about the same since 1987. FUTURE WATER USE On February 10, 1992, TRPA published a status report on the [PES Vacant Parcel Inventory. In the E1 Dorado South jurisdiction, there are presently 4,216 lots above the IPES line and 1,568 lots below the IPES line. The IPES line can move from year to year, depending on construction activity and additions, deletions, retirements to the inventory. The 1989 Water System Master Plan included a detailed evaluation of the El Dorado South IPES inventory. That analysis showed that 85.8 percent of the EI Dorado South inventory was within District boundaries. Applying that same percentage to the current E1 Dorado South inventory yields a count of approximately 3,600 lots above the IPES tine within District boundaries. Therefore, it ~_n ~¢ assumed that there will be about 3,600 lots available for construction in the fores~able future. The 1989 0.2 MGD Wastewater Treatment Facility Expansion estimate the future residea~ connections would use about 0.474 acre feet per year. The 3,600 future connections would use 1,706 acre feet of water per year. Using 1989 as the highest reported municipal water in Zone C, plus 809.5 acre feet for other usage, plus 1,706 acre feet produces, a total water of 10,855.5 acre feet, leaving an excess of 1,144.5 acre feet for increased occupancy a_nd landscaping, erosion control projects, public service projects, and recreational uses. The construction of 116 single family homes requires 38.3 acre feet. At the present rate of development in the District's service area (116 single farr~y - residences/year), the 3,600 lots will not be built out until the year 2,024. I993 +' 3,6001ors = 1,993+31 =2,024 116 homes peryear Figure 1 shows the Zone C water usage from 1974 until 2024. ST103824 CALIFORNIA WATER USE ZONES ST103825 TABLE 1 ZONE C - ANNUAL WATER USE ANNUAL WATER USE( ACRE FEET) OTHER MUNICIPAL YEAR STPUD (STPUD x 0.22)a OTHER bc TOTAL 1974 4,578 741 9,034 1975 1976 1977 1978 1979 1980 1981 1982 1983 5,671 9,071 1984 1985 1986 1987 6,784 1,492 737 9,013 1988 6,759 1,487 733 -. 8,979 1989 6,839 1,505 729 9,073 1990 6,811 1,49S 725 9,034 1991 6,196 1,363 721 8,280 1992 6,531 1,437 817d 7,968 1993 6,716 1,478 813d 8,194 a - STPUD provides water service to 78% of the connections in Zone C b - Includes domestic ~nd recreational areas not served by municipal water purveyors, private wells, and Bijou and Tahoe Paradise Golf Courses. Does nor include Lake Tahoe Country Club since the facility is owned by the Stare of CaIifornia. c - Since 1987, 63 private wetls have been abandoned. These residences have been connected to the STPUD system. Average of 9 residents per year@ 0.47 ac/f~ per year reduction. d * Includes increased use at Biyou Golf Course. ST103826 0 0 ST103827 SOUTH TAHOE PUBLIC UTILI~' DISTRICT WATER SYSTEM PRODUCTION 1985-2001 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manaqer RE: BOARD MEETING__ April 15. 1999 AGENDA ITEm. ACTION ITEM NO: f.- CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: MTBE POLICY REQUESTED BOARD ACTION: Adopt policy. DISCUSSION: After reviewinq the consultants re~ort, poticv as it is in the District's best interest. staff recommends adoption of this Approved by Board ~/15/99 SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES , ~, ~,¢tNO GENERAL CHIEF FINANCIAL OFFICER: YE~]~"~'~-'c'i'-J;',':''J~LO WATER X SEWER ST064345 SOUTH TAHOE PUBLIC UTILITY DISTRICT POLICY REGARDING METHYL TERTIARY BUTYL ETHER (MTBE) It is the policy of the South Tahoe Public Utility District not to supply drinking water containing detectable concentrations of MTBE to its customers, if reasonable alternatives exist. To achieve this goal, the following actions will be taken: a) When MTBE is detected in any District well, the well will be placed on stand-by status and the Board will be notified. b) The staff shall identify and utilize all reasonably available alternatives to the use of any well in which MTBE has been detected. c) If the staff determines that the continued operation of any. District well is likely to cause a nearby plume of MTBE to contaminate any District well, it will notify the Board and place that well on stand-by status, as directed by the Board. d) In the event that a water shortage is imminent, and that voluntary and mandatory conservation measures are inadequate, standby wells will be utilized, in accordance with the contingency plan, to the extent and for the time period necessary to provide for customer water demand. Appropriate notice will be provided to the public. e) Staff will prepare a contingency plan and submit it to the Board for its review to establish the priority for the utilization of wells placed on stand-by status because of MTBE. The contingency plan shall ensure that only wells with the lowest concentrations, if any, of MTBE are activated to meet emergency needs. 4/15/99 T064346 I SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer/General Manaqer and Rick Hydrick/Manaqer.of W~l. RE: BOARD MEETING, May 6, 1999 AGENDA ITEM: ACTION ITEM NO: d CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME:.. WATER SHORTAGE OPERATIONs CONTINGENCY PLAN REQUESTED. BOARD ACTION:. Approve plan DISCUSSION:.. This Operations Continqency Plan has been prepared to minimize the possibility of operating wells with trace levels of MTBE in them. Extreme operational and water conservatio. .measures will be utilized before a decision is made to use MTBE tainted wells or acquifers, whil,, complyinq with all state and federal laws for water quality and system reliabilityi - Approved by Board SCHEDULE: Summer 1999 COSTS:. Staff labor (unknown) BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: Water Shorta e Contin enc Plan N/A CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YE~ NO. CHIEF FINANCIAL OFFICER: YES~F~¢ ~c,.,,~,~¢o.~O ST064342 CATEGORY: GENERAL WATER X ~EWER WATER SHORTAGE OPERATIONS CONTINGENCY PLAN I I i I I I Water Shortage in Main Zorle 1) Shift Gardner Mountain Zone demand to Tahoe Paradise Zone 2) Begin aggressive Stage 3 water conservation program - odd/even and timed irrigation watering 3) Open pry at Tata Booster back to Main Zone 4) Operate Blackrock Well 2 - may be isolated from MTBE in shallow zone 5) Operate Helen Well 2 - may be isolated from MTBE in shallow zone 45O ? 200 125 250 6) Operate Blackrock Well I - screened in shallow zone; could move plume '40-'-' 7) Operate Helen 1 - screened in shallow zone; could move plume 100 8) Operate College Well - Uranium exceeds the MCL, but operation is allowed by DHS for 5 days at a time, 15 days total per year 9) Begin severe Stage 4 water conservation program - outside watering ban 1,1 O0 10) Allow storage tanks to go to lower levels - loss of excess emergency water 11) Shut off booster stations to Iow demand zones - Keller and HV zones (short-term, ie, one day measure) 12) Operate Clement Well - trace MTBE introduced from air; may be able to remove with carbon air filter 180 13) Operate Julie Well - trace MTBE, screened in shallow zone 200 14) Operate Tata Wells 1-3 - trace MTBE; screened in shallow zone 308 15) Operate Arrowhead Well and route water to Main Zone 4OO ST064343 Water Shortage in Tahoe Paradise Zoq~ 1) Adjust Cornelian and Country Club prv's for max flow to Arrowhead 2) Operate Airport Booster Station 3) Begin aggressive Stage 3 water conservation program - odd/even and timed irrigation watering Begin severe Stage 4 water conservation program - outside watering ban Allow storage tanks to go to lower levels - loss of excess emergency water Operate Arrowhead Well 4) 5) 6) 45O 2O0 ? 8O0 I I I I I I ! I l ST064344 I 1 i THE PORTER - COLOGNE WATER QUALITY CONTROL ACT And Related Code Sections (Including 1975 Amendments) JULY 1976 California State Water Resources Control Zo.ard STATE OF CALIFORNIA EDMUND G. BROWN JR. Governor STATE WATER RESOURCES CONTROL BOARD The State Water Resources Control Board was established by the 1947 Legisla- ture (Stets. 1967, Chap. 284). The Board is divided Into two statutory divisions: Water Rights and Water Quality, each with n division chief. In addition, a Legal Division and Divisions of Planning and Research and Administrative Serv- ices have been established. The Board succeeded to the functions of the former State Water Rights Board and the State Water Quality Control Board, which were abolished. The formation of the Board resulted in the coordination of the water rights, water pollution, and water quality functions of the State Govermnent. Water pollution and water quality are now taken into account in conjunction with availability t considered. ity of unappro- priated priated water whenever applications for appropriation The Board may represent stn to or loco l agencies in any matters involving the Federal Government which are within the scope of its powers and duties. JOHN E. BRYSON, Chairman W. DON MAUGHAN, Vlc• Chairman W. W. ADAMS ROY E. DODSON, JR. JEAN AUER BILL B. DENDY, Executive Officer Regional Water Quality Control Boards The State mbe is pdivided o edn by nine the Governor each for with teritns regional board four yearn. The composed boards nine members appointed prescribe wnete are authorized riegd el adopt regional peorm tothertafunctions r concerning water quality discharge ntr requirements, and perform within their respective regions, subject to State Board review or approval. This pamphlet contains only those portions of the Water Code which concern the organization of the State Bonn!, water quantity-quality relationships, water recla- mation and ground water investigations by the Department of Water Resources s (an independent agency), and water quality control. Administration by the State Board of water rights and statutory procedures for the determination of water rights are covered in other parts of the Water Code and are explained in other publications of the Board. (2) r TABLE OF CONTENTS STATE WATER RESOURCES CONTROL BOARD Water Code. Division 1, Chapter 2, Article 3 Pa RATER QUANTITY AND QUALITY RELATIONSHIPS Sections 1242.5, 1243, 1243.5, 1257 and 1258 ADJUDICATIONS TO PROTECT THE QUALITY OF GROUND WATER Division 2, Part 3, Chapter 2.5 WATER RECLAMATION AND GROUND WATER INVESTIGATIONS, DEPARTMENT OF WATER RESOURCES Sections 230, 231, 12617.1 and 12923.1 'i'IHE PORTER- COLOGNE WATER QUALITY CONTROL ACT Division 7, Water Quality Chapter 1, Policy Chapter 1.5, Short Title ___ Chapter 2, Definitions Chapter 3, State Water Quality Control Chapter 4, Regional Water Quality Control Chapter 5, Enforcement and Implementation Chapter 5.5, Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 Chapter 6, State Financial Assistance Chapter 7, Water Reclamation Chapter 8, Federal Assistance for Treatment Facilities Chapter 9, Municipal Waste Water Treatment Plant Classification and Operator Certification Chapter 10, Water Wells and Cathodic Protection Wells Chapter 11, Discharges from Houseboats on or in the Waters the State Chapter 12, Special Water Quality Provisions Chapter 13, Clean Water Bond Law of 1970 Chapter 14, Clean Water Bond Law of 1974 TRANSPORTATION AND DISPOSAL OF WASTE Division 7.5, Chapter 1, Liquid Waste Haulers OTHER LEGISLATION RELATED TO WATER QUALITY CONTROL _ INDEX ____ (3) STATE WATER RESOURCES CONTROL BOARD WATER CODE DIVISION 1, CHAPTER 2 Article 3. State Water Resources Control Board (Article heading added by Stats. 1957, Ch. 1932; amended by Stats. 1967, Ch. 284) 174. The Legislature hereby finds and declares that in order to provide for the orderly and efficient administration of the water re- sources of the state it is necessary to establish a control board which shall exercise the adjudicatory and regulatory functions of the state in the field of water resources. It is also the intention of the Legislature to combine the water rights and the (cater pollution and water quality functions of state government to provide for consideration of water pollution and water quality, and availability of unappropriated water whenever applications for appropriation of water are granted or waste discharge requirements or water quality objectives are established. (Added by Stats. 1967, Ch. 284.) 175. There is in the Resources. Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall he an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights. one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is quali- fied in the field of water quality, one shall be qualified in the field of water quality. One of the above - appointed persons. in addition to hav- ing the specified qualifications, shall he qualified in the field of water supply and water quality relating to irrigated agriculture. One member shall not be required to have specialized experience. Each member shall represent the state at large and not any particular portion thereof and shall serve full tithe. The appointments so made by the Governor shall be subject to confirmation by the Senate at the neat regular or special session of the Legislature, and the refusal or failure of the Senate to confirm an appointment shall create a vacancy in the office to which the appointment was made. (Formerly 185. Added by Slats. 1956 (Ex. Sess.), Ch. 52; renumbered by Stets. 1957, Ch. 1932; amended by Stats. 1961, Ch. 2037, Stats. 1967, -Ch. 284. by Stats. 1969, Ch. 482, and by Stats. 1972, Ch. 565, Stats. 1974. Ch. 1225.) NOTE: This section modified by Section IS33S, added by Stats. 1011, Cit. L 6, which rends: �. .� VT, n. rson any other r n or II n member 01 the state L ts4 1 oard s or law received during the previous twn years a sismi.miii portion of his income directly or indirectly from 1111' person subject lo rtame discharge requirements or applicants wu-to discharge requirements pursuant to this chapter. This section shall become ups rabic on March 1, 11173. — 6 _ 1 7 5 . 5 . (a) No member of the board shall participate in any board action pursuant to Article 2 (commencing lvith Section 13320) of Chapter 5 of Division 7 which \evolves himself or any waste discharger with which he is connected as a director, officer or employee, or in which he has a direct personal financial interest within the weaning of Section 1120 of the Government Code. (b) No board member shall participate in any proceeding before any regional board as a consultant or in any other capacity on behalf of any waste discharger. (c) Upon request of any person or on his own initiative the Attorney General may file a complaint in ltlofficealleging th court, at a board member which the glboard violated has its i Pa has knowingly violated this section and the facts upon which the allega- tion is based and asking that the member be removed from otlice. Fur- ther proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judg- ment that the member be removed from office. (Amended by Stats. 1971, Ch. 793.) 176. The annual salary of the members of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. Each member of the board shall receive the necessary traveling and other expenses incurred by him in the performance of his official duties out of appropriations made for the support of the board. When necessary ary th mebrs of the b aday travel within 1 6. Added dde the State. Stets. (Pc Sess.), Ch. 52; amended and renumbered by Stets. 1957, Ch. 1932.) 177. The members of the State Water Rights Board in office on the operative date of the 1967 act amending this sect. ,o shall con- tinue as members of the State Water Resources Control Board, and their terms shall expire as follows: one member on January 15, 1969, one member on 1971. The terms of there o additional and e embe sofhthe boardttprovided for by the 1967 act amending Section 175 first appointed by the Governor shall expire as follows: one member en .January 15, 1972, and one member anointed rfor 5erms9of hfourf years) Vacancies shall board shall be app be immediately .efilled they occur. Governor for the unexpired Portion o the teens in Ch. 52; renumbered (Formerly 187. Added by Stets. 1956 (Ex. Sess.), by Stets. 1957, Ch. 1932; amended by Stats. 1957, Ch. 284.) offi y 178. The members of the board may be removed f m from i yc `' by the Legislature, by concurrent resolution adopted by of all members elected to each house, for dereliction of duty or cor- ruption or incompetency. (Formerly 188. Added by Stets. 1956 (Ex. Sess.), Ch. 52; renumbered by Stats. 1957, Ch. 1932.) 179. The hoard succeeds to and is vested with all of the powers, duties, purposes, responsibilities. and jurisdictiont efted in the ;a Depart- ment and Director of Public Works, tip- of the Department of Public Works, the State Engineer, the State Water Quality Control Board, or any officer or employee thereof, under Division 2 (commencing with Section 1000), except Part 4 (commencing with Section 4000) and Part 6 (commencing with Section 5900) thereof; and Division 7 (commencing with Section 13000) of this code, or any other law under which permits or licenses to appropriate water are issued, denied, or revoked or under which the functions of water pollution and quality control are exercised. Ch. 52; renum- bered 189. Added by Stats. 1956 (Ex. Sess.), bered by Stats. 1957, Ch. 1932; amended by Stats. 1967, Ch. 284.) 179.6. The board, or representatives authorized by the board to do so, may call, conduct or attend conferences or hearings, official or unofficial, within or without this state, or otherwise participate in such conferences or hearings with interested persons, agencies or officers, of this or any other state, or with the Congress of the United States, congressional committees. or officers of the federal government, concerning any matter within the scope of the power and duties of the board. (Added by Stats. 1967, Ch. 284.) 179.7. As to any matter involving the United. States, its depart- ments or agencies, which is within the scope of the power and duties tat' it nest of the board, 1_he_ board -may represent t. an • count - cit slat• a" ev or tublic d and to that end may correspond, con er and cooperate with the United States, its departments or agencies, and where necessary the board members, or authorized representatives, may travel either within or without the state. (Added by Stats. 1967, Ch. 284.) 180, Before entering upon the duties of his office, each member of the hoard shall execute an official bond to the State in the penal sum of twenty -five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. (Formerly 190. Added by Stats. 1956 (Ex. Sess.), Ch. 52; re- numbered by Stets. 1957, Ch. 1932.) 181. The board shall maintain its headquarters nt Sacramento and may establish branch offices in such parts of the state as the board deems necessary. The board shall hold meetings at such times and at such places as shall be determined by it. The Governor shall designate the time and place for the first meeting of the board. Three members of the board shall constitute a quorum for the purpose of transacting any business of the board. Ch. 52; re- (Formerly 191. Added by Stets. 1956 (Ex. Sess.), See notes following Section Sec on 127 Amended by Stats. 1967, Ch. 284 and Ch. 1656.) 182. The Governor shall designate the chairman of the board from the membership of the hoard. The person so designated shall hold the office of chairman at the pleasure of the Governor. The board shall elect n vice chairman, r,.; ) Ch. 52: renum- bered 192. Added by Stats. 1956 (Ex. by Stats. 1957, Ch. 1932; amended by Stets. 1967, C} .'L51.) 183. The board may hold any hearings and conduct any investiga- tions in any part of the state necessary to carry out the powers vested -8— in it, and for such purposes has the powers conferred upon heeds of departments of the state by Article 2 (eommeneing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. Any hearing or investigation by the board may be conducted by any member upon authorization of the board, and he shall have the powers granted to the board by this section, but any final action of the board shall be taken by a majority of all the members of the board, at a meeting duly called and held. All hearings held by the board or by any member thereof shall be open and public. (Formerly 193. Added by Stets. 1956 (Ex. Sess.), Ch. 52; renum- bered by Stats. 1957, Ch. 1932; amended by Slats. 1957, Ch. 1824. Sec second note following Section 127. Amended by Slats. 1967, Ch. 284, Stets. 1969, Ohs. 482 and 800, and Stats. 1971, Ch. 1288.) 184. The Department of Water Resources shall have an interest and may appear as a party in any hearing held by the hoard and may commence or appear in any judicial proceeding brought to inquire into the validity of any action, order, or decision of the board. . (Formerly 194. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renum- bered by Stets. 1957, Ch. 1932.) 185. The board shall adopt rules for the conduct of its affairs in conformity, as nearly as practicable, with the provisions of Chapter 4.5 (commencing at Section 11371), Part 1, Division 3, Title 2 of the Government Code. Ch. 52; renumbered (Former 185 added by Stets. 1956 (Ex. Sess.), 175 by Stets. 1957, Ch. 1932. Present 185 formerly 195. Added by Stets. 1956 (Ex. Sess.), Ch. 52; renumbered by Stats. 1957, Ch. 1932, and amended by Stets. 1969, Chs. 482 and 800.) 186. The board shall have such powers, and may employ such legal 0unscl and other personnel and assistance, as may be necessary or convenient for the exercise of its duties authorized by law. For the purpose of administration, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary properly to segregate and cond•tet the work of the board. The work of the board shall be divided into � s '. c 'visit .s known as e Division • W: er :'•ht nn th )ivi:i n o Nn er ua tt •. The board shall appoit a work thereof andn chief net astechnicallndviseroto the board on the functions under his jurisdiction. The Attorney General shall represent the board and the state in litigation concerning affairs of the board unless another state agency, represented by the Attorney General, is a party to the action. In such case the legal counsel of the board shall represent the board. Sections 11041. 11042. and 11043 of the Government Code are not applicable to the State Water Resources Con'! ' Board. The legal counsel of the board shall advise and furnish legal services, except representation in litigation, to the regional boartls upon their request. (Former 186 added by Stets. 1956 (Ex. Sess.), (h 52; amended and renumbered 176 by Stets. 1957, Ch. 1932. Former 186, as amended by Stets. 1957, Ch. 2424, repealed by Stats. 1959. Ch. 616. Present 186 formerly 196. Added by Stets. 1956 (Ex. Sess.). Ch. 52; renutubered by Stats. 1957, Ch. 1932; amended by Stats 1967, Ch. 284, and Stats. 1962, Ch. 482, 1962, Ch. 482, Stets. 1971, Ch. 794.) 187. The board, regional water quality control boards, the Depart- ment of Water Resources, and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and any other in- formation relating to water, water rights, water pollution or quality, or any areas of mutual concern, to the end that unnecessary duplica- tion of effort may be avoided. (Former 187 added by Stets. 1956 (Ex. Sess.), Ch. 52; renumbered 177 by Stets. 1957, Ch. 1932. Present 187 formerly 197. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered by Slats. 1957, Ch. 1932; amended by Stets. 1967, Ch. 284.) 188. The board may expend money appropriated for the adminis- tration of the laws the administration of which is committed to the board. Such expenditures by the board shall be made in accordance with law in carrying on the work for which the appropriations were trade. (Fortner 188 added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered 178 by Stats. 1957, Ch. 1932. Present 188 added by Stets. 1957, Ch. 1932.) 188.5. The board shall publish biennial progress reports relating to the activities of the board and California regional water quality control boards. (Formerly 13020.1; amended and renumbered by Stats. 1967. Ch. 284, and Stats. 1969, Ch. 482.) WATER QUANTITY AND QUALITY RELATIONSHIPS 1242.5. The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of hand g the released ater to be quality of other waters wl chi are put protecting put tobeneficial uses. (Added by Stats. 1969, Ch. 482.) 1243. The use of water for recreation and preservation and en- hancement of fish and wildlife resources is a beneficial use of water. In determining the amount of water available for appropriation for other beneficial uses, the board shall take into account, whenever it is in the public interest, the amounts of water required for recreation and the preservation sad enhancement of fish and wildlife resources. The board shall notify the Department of fish and Game of any application for a permit to appropriate wader. The Department of Fish and Game :,Ball recommend the amounts of water, if any, required for the preservation and enhancement of fish and wildlife resources and shall report its findings to the board. This section shall not be construed to affect riparian rights. (Added by Stats. 1959, Ch. 2048; amended by Stats. 1967, Ch. 284, and Stets. 1972. Ch. 360.) 1243.5. In determining the amount of water available for ap- propriation, the board shall take into account, whenever it is in the e public interest, the amounts of water needed to remain in tt the source for protection of beneficial uses, including any uses : ; protected in any relevant water quality control plan established pur- suant to Division 7 (commencing with Section 13000) of this code. This section shall not be construed to affect riparian rights. (Added by Stats. 1969, Ch. 482.) t 1257. Iu acting upon applications to appropriate water. the board shall consider t e eneflt to be derived f ram (1) ally its }1C e c including. but not limited to, use for domestic, irrigation. municipal, industrial, preservation and enhance- ment of fish and wildlife, recreational, i mining nyr and p VCI ter ty) and any uses specified to be protected control plan, and (2) the reuse or rephunatiOn of the water sought to be appropriated, as proposed by the applicant. The board may subject surh appropriations to such terns and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated. (Added by Stats. 1955; amended by Stals. 1957, Ch. 1932 and Ch. 2052, Stets. 1959, Ch. 2048, Stats. 1969, Ch. 482, and by Stets. 1970, 1258. In acting upon applications to appropriate water, the board shall er water qual plans which e pursuant o Division 7 (commencing wth Section 1300 ) of this code, and may subject such appropriations to such terms and conditions as it finds are necessary to carry out such plans. (Added by Stats. 1967, Cb. 284 and amended by Stats. 1969. Ch. 4E2.) (10) ADJUDICATIONS TO PROTECT GROUND WATER QUALITY DIVISION 2, PART 3 CHAPTER 2.5. ADJUDICATIONS TO PROTECT THE QUALITY OF GROUND WATER (Added by Stats. 1969, Ch. 482.) 2100. After the department [of water resources] has submitted to the board recommendations for the protection of the quality of ground w41.5r pursuant to Section 12617.1 or 12923.1 ottthis code, or in reliance upon investigation by any governmental agency, the b9Jrd may file au action in the su )erior court o restrie� tam in , or to impose physical solo ions, or both, to the extent necessary to prevent destruc- tion of or irre arable injury to the ualitv of _such water. In such action, afro(the claimants to the use olthe affected water known to the board, except claimants to the use of minor quantities of water as defined in Section 2102, shall be named as defendants. In any water- shed or ground water basin wherein (a) all or substantially all of the rights to water have been adjudicated and the court has retained con- tinuing jurisdiction arising from the adjudication, or (b) wherein such action is pending, any such proceedings by the board shall be undertaken only by intervention by the board in such existing action. 2101. (a) Before filing or intervening in any such action the board shall hold a public hearing on the necessity for restricting ground water pumping or for a physical solution in order to protect the quality of water from destruction or irreparable injury. The board shall serve notice of such hearing as provided in Section 6066 of the Government Code and shall mail a copy of such notice to each producer of ground water within the area proposed for investigation, to the extent that such producers of ground water are known to the board, at least 15 days prior to the date of such hearing, except that notice need not be mailed to producers of minor quantities of water as defined in Section 2102. (b) In the event the board decides that the rights to the use of the ground water must be adjudicated in order to require the restriction of pumping or physical solution necessary to preserve it from destruc- tion or irreparable injury to quality, the board shall first determine whether any local public agency overlying all or a part of the ground water basin will undertake such adjudication of water rights. If such local agency commences an adjudication, the board shall take no further action, except that the board may, through the Attorney General. become a party to such action. (c) In the event no local agency commences such action within 90 days after notice of the decision of the board, the board shall file such action. 2102. As used in this article, "minor quantities of water" refers to the extraction by any person of not to exceed 10 acre -feet of ground water annually. t 11 ) WATER RECLAMATION AND NT OFRWAT R RESOURCES ESTIGATIONS, 230. The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or upon the request of the State Water Resources Control Board, to the extent funds are allocated therefor, shall con+s^r'�vs an investiao.-tls-Tela1•- is _g_l_o th.e_�eclaknation of water from wastes for beneficia u'rp2. , including but not limitea fo the etermmation of quantities of such water presently wasted, and possibilities of use of such water for re- charge of underground storage or for agricultural or industrial uses; and shall report to the Legislature and to the appropriate California r •igional water quality control board thereon, annually. (Added by Stats. 1949, Ch. 1552; amended by Stets. 1967, Ch. 1,;4' and Ch. 1447, and by Stats. 1969, Ch. 482.) 21. The de*+ar meat, either independently or in cooperation with nay person or any county, state, federal or other agency, shall mveatt- ,•a ,ysLaU- ye,-S-tr,litions of d8ntag_e_.oslualil.x.-nf-uuderSryn>ld_wa- rs. which conditions are or may be caused by improperly constructed, abandoned or defective wells through the interconnection of strata or the introduction of surface waters into underground waters. The department shall report to the appropriate California regional water quality control board its recommendations for minimum standards of sell construction in any particular locality in which it deems regula- tion necessary to protection of quality of underground water, and shall report to the Legislature from time to tiine, its recommendations for proper sealing of abandoned wells. (Added by State. 1949, Ch. 1552; amended by Stats. 1969, Ch. 482.) • • • all a '.nod-- plans —far 12617.1. The de ar ❑t, its. m - -- to • •e an i. • . pursuant to Sections 12616 and 12617, shall Laelhas<-pla a• eeom- n . i , .. . . . . do e oft • u 't 914linates a_affgrt, in- cluding downstream waters, wit respect e the department of impa shall cot In and factors affecting quality. doing so, th operate with counties, cities, state agencies. and public districts to the end that planning for water quality control shall be coordinated to the maximum extent possible. Such plans and recommendations shall be transmitted to the State Water Resources Control Board and to the appropriate California regional water quality control boards for their consideration in the adoption of state policy for wa ter r quality control, triter quality control plans, and waste discharge requirements (Added by Stats. 1969, Ch. 482.) • • • 12923.1. The results of the investigations and studies conducted and the plans and design criteria developed by the department pur- suant to this article shall be transmitted to the State Water Resources Control Board and to the appropriate California regional water quality control boards for their consideration in the adoption of state policy for water quality control, water quality control plans and waste dis- charge requirements. (Added by Stets. 1969, Ch. 482.) 121 PORTER- COLOGNE WATER QUALITY CONTROL ACT DIVISION 7. WATER QUALITY (Former Division 7 repealed by Stats. 1969, Ch. 482 which added Division 7 commencing with Section 13000.) CHAPTER 1. POLICY 13000. The Legislature finds and declares that the p o e of the state have a pry imar interest ia.the cmasenation control, and utTiia- t'o� n o the water reso3lrces of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state. The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shad -be regn- lale&tn attsa±i:^hiellestiratex quality wllieh is reasonable, consi erin all demands bein• made and • be ma.. on those wa ers an the tota ues Involve(, bene is al and etrimental, economic and social, tangi- ble and intangible. The Legislature further finds and declares that the health, safety and welfare of the people of the state requires that there be a statewide pro- gram for the control of the quality of all the waters of the state; that the state must be prepared to exercise its full power and jurisdiction to protect the quality of waters in the state front degradation originat- ing inside or outside the boundaries of the state; that the waters of the state are increasingly influenced by interbasin water development projects and other statewide considerations; that factors of precipita- tion, topography, population, recreation, agriculture, industry and eco- nomic development vary fpm region to region within the state; and tbs. that e. st: • • • I ram for vat• • i c• • :n e • most tii I „• aclmin_atared Lgiggplly, within a framework of statewide co- ordination and policy. 13001. It is the intent of the Legislature that the state board and each regional board shall be the principal state agencies with primary responsibility for the coordination and control of water quality. The state board and regional boards in exercising any power granted in this division shall conform to and implement the policies of this chap- ter and shall, at all times, coordinate their respective activities so as to achieve a unified and effective water quality control program in this state. 13002. No provision of this division or any ruling of the state board or a regional board is a limitation: (a) On the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions. or limitations with respect to the dis- posal of waste or any other activity which might degrade the quality of the waters of the state. (b) On the power of any city or county or city and count: to de- clare, prohibit, and abate nuisances. (c) On the power of the Attorney General, at the request of a re- gional board, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin an} pollution or nuisance. ( 13 ) Va i• 14 — (d) On the power of a state agency in the enforcement or adminis- tration of any provision of law which it is specifically permitted or required to enforce or administer. (e) On the right of any person to maintain at any time any appro- priate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution. CHAPTER 1.5. SHORT TITLE 13020. This division shall be known and may be cited as the Porter - Cologne Water Quality Control .Act. CHAPTER 2. DEFINITIONS 13050. As used in this division: (a) "State board" means the State Water Resources Control Board. (b) "Regional board" means any California regional water quality control board for a region as specified in Section 13200. (c) "Person" also includes any city. comity, district, the state or any department or agency thereof. "Person" includes the United States, to the extent authorized by federal law. (d) "bra e" includes sewage and anyjall other waste substances, liquid. solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin. or from n ny producing. manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal. (Amended by Stets. 1970, Ch. 202.) Nere. The Porter- Cologne Act provides that it is intended In implement the legis- lative recommendations in n report of the Strife Water Itesou rres Control Board to the Legislature which in turn contains n note that Ihe* definition of whsle is intended to include all interpretations of the Attorney General of "sewagr' "in• Mistrial waste ", and "other waste." Hurler the former act. 'Phesc terns were inter- preted to include all of the following: 1. Drainage from inoperative and abandoned udurs. 26 Ops. Cal. Atty. Gen. SS; see also 37 Ops. Cnl. Atty. Gen. 103. 2. Drninnge, flow or seepage containing debris or eroded earth from logging opera- tions; waste materials in dumps; drainage from agricultural operations; liquids from n stratum intercepted by a well which II. through the well into another stratum. 27 Ops. Col. Atty. Gen. 182. 3. Discharge of water from a hydroelectric plant. 43 Ops. Cnl. Atty. Gen. 302. 4. Changes in the physical or chemical characteristics of receiving waters caused by extraction of sand, gravel or other materials from n strenmbed. 32 Ups. Cal. Atty. Gen. 139. 5. Waste from Construction operations, dumped in waters of the state. 16 Ops. Cal. Atty. Gen. 125. (e) "Waters of the state" means any water, surface or underground, including saline waters, within the boundaries of the state. (f) "Benefi i 1 uses" of the waters of the state that may be pro- tected against quality degradation include, but are not necessarily limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; esthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic re- sources or preserves. (g) Quality of the water" or "quality of the waters" refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use. — • (11) "jjsiteyr ua ih- ch;ectives" means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. (i) "Water quality control" means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. (j) "W ttecquality ran rot n1Trn" consists of a designation or estab- lishment for the waters within a specified area of (1) benefeia1 uses to be rotected, (2 w. II.ectives and (3) a program of im ) emeutation Went ed f schicv- nt ater qua 1 y orlec Ives. ) ..ontaminatiou means an inipairmencnielu—Mnr the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" shall include any equivalent effect resulting from the disposal of wnsle, whether or not waters of the state are affected. (l) "1' u ' " means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects: (1) such waters for beneficial uses, Or (2) facilities which serve such beneficial uses. "Pollution" may include "contamination." (in) "Nuisance" means anything which: (1) 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, and (2) nfrects at the same time an entire community or neighborhood, or an_: considerable nrnnher of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) oceui-S during or as a result of the treatment or dis- posal of wastes. (n) "Reclaimed vm 1 i ' means water which, as a result of treatment of waste. is suitable for a direct beneficial use or a controlled use that would not otherwise urenr. (o) "Citizen or domicilary" of the State of California includes a foreign corporation hovimf substantial business contacts in the State of California or which is subject to service of process in. this state. (Amended by Stats. i:169, Ch. 800.) CHAPTERR 3. STATE. WATER QUALITY CONTROL Article 1. Ste le 'Water Resources Control Board. • 13100. There is in 1 H Resources Agency the State Water Resources Control Board, the Water Quality Advisory Committee, and the Cali- fornia regional water finality control boards. The organization, mem- bership, and some of the duties of the state board are provided for in Article 3 (eomnienei.!.g with Section 174) of Chapter 2 of. Division 1 of this code. Article 2. Water Quality Advisory Committee (Added by Stats. 3911P. Ch. 482. Repealed by Stats. 1972, Ch. 813) Article 3. S;:a e Policy for Water Quality Control 13110. The state board shall for nulate and adopt state is for water quality control. 2tiell policy sha be a opte . accordance with — 16 _ the provisions of this article and shall be in conformity with the poli- cies set forth in Chapter 1 (commencing with Section 13000). 13141. State policy for water quality control adopted or revised in accordance with the provisions of this article, and regional water qual- ity control plans approved or revised in accordance with Section 13245, shall become a part of the Californi_ a�nter_Pllp effective when such state policy for water quality control, and such regional water quality control plans have been reported to the Legislature at any session thereof. 13142. State policy for water quality, control shall consist of all or any of the following: (a) Water quality principle�_a :for long -range resource !•.:inning, including ground water and surface water tmutagement pro - -ams and control and use of reclaimed water. �,9 - (b) Water quality objectives at key locations for planuiztg and op- eration of water resource development projects and for water quality control activities. (c) Other principles and guidelines deemed essential by the state board for water quality control. (Amended by Stats. 1971, Ch. 1288). 13143. State policy for water quality control shall be periodically reviewed and may be revised. 13144. During the process of formulating or revising state policy for water quality control the state board shall consult with and care- fully evaluate the recommendations of concerned federal, state, and IAc�al agencies. - T3145. The state board shall take into consideration the effect of its actions pursuant to this chapter on the California Water Plan as adopted or revised pursuant to Division 6 (commencing with Section 1.0000) of this code, and on any other general or coordinated govern- mental plan looking toward the development, utilization, or conserva- tion of the waters of the state. 13146. State offices. departments and boards. in carrying out activi- ties which affect water quality, shall comply with state policy for wa- ter quality control unless otherwise directed or authorized by statute, in which case they shall indicate to the state board in writing their authority for not complying with such policy. 13147. The state board shall not adopt slate I�nliey for water quality- control unless a public hearing is first held resp meting the adoption of such policy. At least 60 days in advance of such Bearing the state board shall notify any affected regional boards. unless notice is waived by such boards, and shall give notice of such hearing by publication within the affected region pursuant to Section 6061 of the Government Code. The regional boards shall subunit written recommendations to the state board at least 20 days in advance of the hearing. (Amended by Slats. 1971, Ch. 1288). Article 4. Other Powers and Duties of 11 (0 State Board 13160. The state board is designated as the state water pollution control agency for all purposes stated in the Federal Water Pollution Control Act 811(1 any other federal act, heretvinrr or hereafter enacted, and is (a) authorized to give any vet-t;l11e or statement required by a `-�-�t any federal agency pursuant to any such federal net that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below ap_ plieable standards, and (b) authorized to exercise any powers delegated to the state by the Federal Water Pollution Control Act (33 U.S.C. 466, et seq.) and acts amendatory thereto. (Amended by Stats. 1971, Ch. 1288). 13160.1. The state board may establish a reasonable fee schedule to cover the cost of giving any certificate which is required or authorized by any federal fats with respect to the effect of any existing or pro- posed facility-, project, or construction work upon the quality of waters of the state, including eertificates requested by applicants for a federal permit or license pursuant to subdivision (b) of Section 21 of the Federal Water Pollution Control Act and certificates requested pur- sunt to Section 1119 of the Internal Revenue Code, as amended in 1969, with respect to water pollution control facilities. (Added by Stats. 1971, Ch. 1288). 13161. The state board shall annually determine state needs for water quality research and reemanne d nrojeets to be conducted. 13162. The state board shall administer any statewide program of research in the technical phases of water quality control which may be delegated to it by law and may accept funds from the United States or any person to that end. The state board may conduct such a program independently, or by contract or in cooperation with any federal or state agency, including any political subdivision of the state, or any person or public or private organization. 13163. (a) The state board shall coordinate water-quality--related investigations of state agencies, recognizing that other state agencies Gave primary statutory authority for such investigations, and shall consult with the concerned regional boards in implementing this sec- tion. (b) The state board from time to time stall evaluate the peed for water - quality- related investigations, to effectively develop and imple- ment statewide peI ey for water quality control and shall transmit its recommendations for investigations to affected or concerned federal, state, and local agencies. The affected state agencies shall comply with the recommendations or shall advise the state board in writing why they do not comply with suet) recommendations. (c) State agencies shall submit to the state board plans for and results of all investigations that relate to or have an effect upon water quality for review and comment. 13164. The state board shall formulate, adopt and revise general procedures for the formulation, adoption and implementation by re- gional boards of water quality control plans. During the process of formulating or revising such procedures. the state board shall consult with an evaluate the recommendations of any affected regional boards. (Amended by Stats. 1972, Ch. 513.) 13165. The state board may require any state or local agency to in- vestigate and report on any technical factors involved in water quality control; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained therefrom. v — 18 — 13166. The state board, with the assistance of the regional boards, shall prepare and implement a statewide wafer quality information storage and retrieval program. Such program shall he coordinated and integrated to the maximum extent practicable with data storage and retrieval programs of other agencies. 13167. The state board shall implement a public information pro- gram on matters involving water quality. and shall maintain an infor- mation file on water quality research and other pertinent matters. 13168. The state board shall allocate to the regional boards from funds appropriated to the state board such part thereof as may be necessary for the administrative expenses of such boards. The regional boards shall submit annual budgets to the state board. Subject to the provisions of Chapter 3 (commencing with Section 13291) of Part 3, i)iv :lion 3, Title 2 of the Government Code and any other laws giving Department ^r Finance fiscal and budgetary control over stnte de- )artments generally, the state board shall prepare an annual budget concerning its activities and the activities of the regional boards. 13169. (a) The state board may adopt regulations governing the testing. licensing and use of any chemical, or any other substance, for removing, dispersing or otherwise cleaning up oil or any residuary product of petroleum in or on any of the waters of the state. Such reg- ulations shall be adopted in conformity, as nearly as practicable, with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1. Division 3, Title 2 of the Government Code. (h) The state board may establish a schedule of fees to cover the cost of testing and licensing the use of any substance for the purposes specified in subdivision (a), to be paid by the applicant for licensing of any such substance. (c) The proper use of any such substance in aee.ordnnce with the state board's regulations shall be supervised and enforced by the De- partment of Fish and Game. The user shall pay to the Department of Fish and Game the cost of such supervisory and enforcement services and all related administrative and incidental costs, as computed by that department. within 30 days after billing. Deputies of the Department of Fish and Game shall have all the powers and authority of a peace officer to make arrests for violations of regulations adopted by the state board pursuant to this section. (d) Any person who uses any chemical or other substance in viola- tion of any regulation adopted by the state board pursuant to this section shall be guilty of a misdemeanor. Each day's continuance of suet] violation shall constitute a separate offense. 13170. The state board may adopt water quality control plans in no- cn "dance with the provisions of Sections 13240 to 13244, inclusive, inso- far as they- are applicable. for waters for which waler quality standards are required by the Federal Water Pollution Control Aet and acts amendatory thereof or supplementary thereto. Such plans. when adopted. supersede any regional water quality control plans for the .erne waters to the extent of any conflict. (Added by Stats. 1971, Ch. 1285). 13171. The slate board may establish a Water Quality Coordinating Committee, eonsi-t ing of at least one member of each of the nine —19— regional boards, to assist the state board i), - .errying out its responsi- bilities in -Wales qualify control. (Added by Slats. 1912, Oh. 813.) CIIAI'TEIt 4. REGIONAL WATER QUALITY CONTROL Article 1. Organization and Membership of Regional Boards 13200. The state is divided, for the purpose of this division, into nine regions: (a) North Coast region. which comprises all basins including Lower Klamath Lake and Lost River Basins draining into the Pacific Ocean from the California- Oregon state line southerly to the southerly bound- ary of the watershed of Estero de San Antonio and Stemple Creek in Marin and Sonoma Counties. (b) San Francisco Bay region. which comprises San Francisco Bay, Suisun Bay, from Sacramento River and San Joaquin River westerly from a line which passes between Collinsville and Montezuma Island and follows thence the boundary common to Sacramento and Solano Counties and that common to Sacramento and Contra Costa Counties to the westerly boundary of the watershed of Markley Canyon in Contra Costa County, all basins draining into the bays and rivers westerly from this line, and all basins draining into the Pacific Ocean between the southerly boundary of the north coastal region and the southerly boundary of' the watershed of Peseadero Creels in Sau Mateo and Santa Cruz Counties. (c) Central Coast region, which comprises all basins. including Car - rizo Plain in San Luis Obispo and Kern Counties, draining into the Pacific Ocean from the southerly boundary of the watershed of Pesca- dern Creek in San Mateo and Santa Cruz Counties to the southeasterly boundary, located in the westerly part of Ventura County, of the water shed of Rincon Creek, (d) Los Angeles region, which comprises all basins draining into the Pacific Ocean between the southeasterly boundary, located in the west- erly part of Ventura County, of the watershed of Rincon Creek and a line which coincides with the southeasterly boundary of Los Angeles County from the ocean to San Antonio Peak and follows thence the divide between San Gabriel River and Lytle Creek drainages to the divide between Sheep Creek and San Gabriel River drainages. (e) Santa Ana region, which comprises all basins draining into the Pacific Ocean between the southeasterly boundary of the Los Angeles region and a line which follows the drainage divide between Muddy and Moro Canyons from the ocean to the summit of San Joaquin IIills; thence along the divide between lands draining into Newport Bay and ' into Laguna Canyon to Niguel Road; thence along Niguel Road and Los Aliso Avenue to the divide between Newport Bay and Aliso Creek drainar° thence along that divide and the southeasterly boundary of the Santa Ana River drainage to the divide between Baldwin Lake and Mojave Desert drainages; thence along that divide to the divide between Pacific Ocean and Mojave Desert drainages. (f) San Diego region, which comprises all basins draining into the Pacific Ocean between the southern boundary of the Santa Anna region and the California-Mexico boundary. — 20 — (g) Central Valley region. which comprises all basins including Goose Lake Basin draining into the Sacramento and San Joaquin Rivers to the easterly boundary of the San Francisco Bay region near Collinsville. The Central Valley region shall have section offices in the Sacramento Valley and the San Joaquin Valley. (h) Lahontan region, which comprises all basins cast of the Santa Ana, Los Angeles and Central Valley regions from the California - Oregon boundary to the southerly boundary located in Los Angeles and San Bernardino Counties of the watersheds draining into Antelope Valley, Mojave River Basin and Dry Lake Basin near Ivanpah. (1) Colorado River Basin region, which comprises all basins cast of the Santa Ana and San Diego regions draining into the Colorado Fiver, Salton Sea and local sinks from the southerly boundary of the 1.ihontan region to the California - Mexico boundary. The regions defined and described in this section shall be as pre- , ly delineated on official maps of the department and include all of the areas within the boundaries of the state. For purposes of this section the boundaries of the state extend three nautical miles into the Pacific Ocean from the line of mean lower low water marking the seaward limits of inland waters and three nautical miles from the line of mean lower low water on the mainland and each offshore island. Nothing in this section shall limit the power conferred by this chap- ter to regulate the disposal of waste into ocean waters beyond the boundaries of the state. 13201. (a) There is a regional board for each of the regions de- scribed in Section 13200. Each board shall consist of the following nine members appointed by the Governor. each of whom shall represent and net on behalf of all the people and shall reside or have a principal place of business within the region : (1) One person associated with water supply, conservation, and pro- duction. (2) One person associated with irrigated agriculture. (3) One person associated with industrial water use. (4) One person associated with municipal government. (5) One person associated with county government. (6) One person from a responsible nongovernmental organization associated with recreation, fish. or wildlife. (7) Three persons not specifically: associated with any of the fore- going categories, two of whom shall have special competence in areas related to water quality problems. (b) Insofar as practicable. appointments shall be made in such manner as to result in representation on the board from all parts of the region. 13202. Each member of a regional board shall be appointed for a term of four years. Vacancies shall be immediately filled by the Gov- ernor for the unexpired portion of the terms in which they occur. 13203. The official designation of each regional board shall be: California Regional Water Quality Control Board, (region name). 13204. Each regional board shall hold at, least six regular meetings each calendar year and such additional special meetings or hearings as — 21 — shall be called by the chairman or any two members of the regional board. (Amended by Stets. 1970, Ch. 918.) 13205. Each member of the regional boards shall be entitled to receive his actual necessary expenses for each day while on official business of the board. 13206. Public officers, whether elected or appointed, may be ap- pointed to, and may serve contemporaneously as members of, a regional board. 13207. (a) No member of a regional board shall participate in any board action pursuant to Article 4 (commencing with Section 13260) of Chapter 4, or Article 1 (commencing with Section 13300) of Chapter 5, of this division which involves himself or any waste dis- charger with which lie is connected as a director, officer or employee, or in which he has a direct personal financial interest within the meaning of Section 1120 of the Government Code. (b) No board member shall participate in any proceeding before any regional board or the state board as a consultant or in any other capacity on behalf of any waste discharger. (c) Upon request of any person nr on his own initiative the Attorney General may file a complaint in the superior court for the county in which the regional board has its principal ofine alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall he in accordance as near as may be with rules governing civil actions, If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the member be removed from office. Article 2. General Provisions Relating to Powers and Duties of Regional Boards 13220. Each regional board shall: (a) Establish an office. (b) Select one of its members as chairman at the first regular meeting held each year. (c) Appr d• + 'is its confidential employee, exempt from civil service. under paragraph (5) of subdivision (a) of Section 4 of Article XXIV of the Constitution, and fix the salary of, an executive officer who shall meet technical qualifications as defined by the State Water Resources Control Board. The executive officer shall serve at the pleasure of the regional board. (d) Employ such other assistants as may be determined necessary to assist the executive officer. 13221. Members of the regional board shall be empowered to ad- minister oaths and issue subpoenas for the attendance and giving of testimony by witnesses and for the production of evidence in any proceeding before the board in any part of the region. The provisions of Chapter 3 (commencing with Section 1075) of Part I of Division 2 of this code shall apply to regional boards within their own regions, where they shall have the same power as the state board within the state. -22 — —23- 13222. Pursuant to such guidelines as the state board may establish, each regional board shall adopt regulations to carry out its powers and duties under this division. 13223. (a) Each regional board may delegate any of its powers and duties vested in it by this division to its executive officer excepting only the following: (1) the promulgation of any regulation; (2) the issu- ance, modification, or revocation of any water quality control plan, water quality objectives, or waste discharge requirement; (3) the issu- ance, modification, or revocation of any cease and desist order; (4) the holding of any hearing on water quality control plans; and (5) the application to the Attorney General for judicial enforcement but ex- cluding cases of specific delegation in a cease and desist order and excluding the cases described in subdivision (e) of Section 13002 and ections 13304 and 13340. (b) Whenever any reference is made in This division to any action :fiat may be taken by a regional board, such reference includes sucli action by its executive oficer pursuant to powers and duties delegated to ]him by the regional board. (Amended by Stats. 1970, Ch. 918.) 13224. Each regional board may issue policy statements relating to any water quality matter within its jurisdiction. 13225. Each regional hoard, with respect to its region, shall: (a) Obtain coordinated action in water quality control, including the preWittiona abatement of water pollution and nuisance. (b) En . a :.d as •st • se f- to c' waste disposal programs, and upon application of any person, a Ise the applicant of the condi- tion to be maintained in any disposal nren or receiving waters into which the waste is being discharged.• (c) Require as necessary any state or local agency to inyestigate and report on any technical factors involved in water quality control or to obtain and subunit analyses of water; provided that the burden. including costs. of such reports shall bear n reasonable relationship to the need for the report and the benefits to be obtained therefrom. (d) Request enforcement by appropriate federal, state and local agencies of their respe` of ve water quality control laws. (e) Recommend to the state board projects which the regional board ,, considers eligible for any financial assistance which may be available through the state board. (f) Report to the state board and appropriate local health officer any case of suspected contamination in its region. (g) File with the state board, at its request, copies of the record of any official action. (h) Take into consideration the effect of its actions pursuant to this chapter ou the California Water Irian adopted or revised pursuant to Division 6 (commencing with Section 10000) of this code and oninv_ other `ener r_c.ord. y n don looking toward the decelopmeent, utilization or conservation of the water resources of the state. (i) line trol. -• • ual Article 3. Regional Water Quality Control Plans 13240. Each regional hoard shall. o • ulate and ad • ater li control plans for all areas within the region. Such plans shall conform to the pobcres set forth in Chapter 1 (commencing with Section 13000) of this division and any state policy for water quality control. During the process of formulating such plans the regional boards shall consult with and consider the recommendations of affected state and local agencies. Such plans shall be periodically reviewed and may be revised. 13241. Paeh regional board shall establish such water quality ob- jectives-in water quality, control plans, as in its judgment will ensure the re . • • ible • •tection of beneficial uses and tl or • • -• • ales;- however, it is recognized t at it may .e possible for the quality of water to be changed to some degree without unreasonably affecting beneficial uses. Factors to be considered by a regional board in estab- lishing water quality objectives shall include, but not necessarily be limited to, all of the following: (a) Past, present, and probable future beneficial uses of water. (b) Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto. (c) Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area. (d) Eeon mi 'd rat• * 13241., The program of implementation for achieving water quality objectives shall include. but not be limited to: (a) A description of the nature of actions which are necessary to achieve the objectives. including recommendations for appropriate ac• lion by any entity, public or private. (b) A time schedule for the actions to be taken. (c) A description of surveillance to be undertaken to determine compliance with objectives. 13243. A regional board. in a water quality control plan or in waste discharge requirements, may specify certain conditions or areas where the discharge of waste. or certain types of waste, will not be permitted. 13244. The regional boards shall not adopt any water quality con- trol plan unless a publie hearing is first held, after the giving of notice of such hearing by publication in the affected county or counties pur- suant to Section 6061 of the Government Code. When the plan proposes to prohibit discharges of waste pursuant to Section 13243, similar notice shall be given by publication pursuant to Section 6061.3 of the Gov- ernment Code. 13245. A water quality control plan, or a revision thereof adopted • by a regional board, shall not become effective unless and until it is approved by the state board. The state hoard may approve such plan, or return it to the regioilnl board for further consideration and resub- mission to the state b :ard. Upon resubmission the state board may either approve or, after a public hearing in the affected region, revise and approve such plan. (Amended by Slats. 1971, Ch. 125S.) — 24 — 13246. The state board shall act upon any water quality control plan withm 60 days after the regional board has submitted such plan to the state board, or 90 days after resubmission of 512011 plan. 13247. State offices, departments, and boards, in ca ruing nut ac- tivities which may affect water quality, shall comply with water quality d rdoirnetcrtoel tatute, in b h s taatse shallsindicaltelto the regional boards in writing their authority for not complying with such plans. (Amended by Slats. 1971, Ch. 1288.) Article 4. Waste Discharge Requirements ;•,260 (a) ,Any person discharging waste or proposing to discharge to within any region that could affect the quality of the waters of the state, other than into a community sewer system. and any person who is a citizen, domiciliary, or political agency or entity of this state discharging waste or proposing to discharge waste outside the bound- aries of the state in a manner that could affect the quality of the waters of the state within any region, shall file with the regional board of that region a report of the discharge, containing such information as may be required by the board. No report need be filed when such require- ment is waived pursuant to Section 13269. (h) Every such person discharging waste shall file with the regional board of that region a report of any material change or proposed change in the character. location, or volume of the discharge. (c) Each report under this section shall be sworn to or submitted under penalty of perjury. (d) Each report under this section shall be accompanied by a filing fee of not to exceed one thousand dollars ($1,000) according to a rea- sonable fee schedule established by the state board. (e) When a report filed by any person pursuant to this section is not adequate in the judgment of the regional board, the board may require such person to supply such additional information as it deems necessary. 13261. Any person failing to furnish a report under Section 13260 when so requested by a regional board is guilty of a misdemeanor. (Amended by Stats. 1970, Ch. 918.) 13262. The Attorney General, at the request of the regional board, shall petition the superior court for the issuance of a temporary re- straining order, temporary injunction, or permanent injunction, or combination thereof. as may be appropriate, requiring any person not complying with Section 13260 to comply therewith. 13263. (a) The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change therein, except discharges into a community sewer system, with relation to the conditions existing from time to time in the disposal area or receiving waters upon or into which the discharge is made or proposed. The requirements sen shall implement and relevant water quality control plans, if any e shall take into consideration the beneficial uses to be protected, the — 25 — water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241. (b) A regional board, in prescribing requirements, need not author- ize the utilization of the full waste assimilation capacities of the re- ceiving waters. (e) The requirements may contain a. time schedule, subject to revi- sion in the discretion of the board. (d) The board may prescribe requiieatents although no discharge report has been filed. (e) Upon application by any affected person or on its own motion, the regional board may review and revise requirements. All require- ments shall be reviewed periodically. (1) The regional board shalt notify in writing the person making or proposing the discharge or the change therein of the discharge re- quirements to be met. After receipt of such notice. the person so noti- fied shall provide adequate meats to meet such requirements. (g) No discharge of waste into the waters of the state, whether or not such discharge is made pursuant to waste discharge requirements, shall create a vested right 10 continue such discharge. 1.11 dam. l hzr_ge�f wast nto waters of the state are privileges. n ightss. 13264. a) No person shalrfl itiate any new tscharge of waste or make any material change in any discharge prior to the filing of the report required by Section 13260 nor shall any such person do so there- after and prior to (11 the issuance of waste discharge requirements pursuant to Section 13203. (21 the expiration of 120 days after his compliance with Section 13260. or (3) the regional board's waiver pursuant to Section 132621. whichever of (1), (2), or (3) occurs first. (h) The Al bailey General. al the request of a regional board. shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction. or permanent injunction. or combina- tion thereof, as may be appropriate. prohibiting forthwith any person who is violating or threatenin_ to violate this section front: (1) dis- charging the waste in question or (2) making any material change therein, whichever of (11 or (2` is applicable. (Amended by Slats. 1970, C]i. 918.) 13265. Any person discharging waste in violation of Section 13264, after such violation has ho011 called to his attention in writing by the regional board, is guilty of a misdemeanor. Each day of such discharge shall constitute a separate offense. 13266. Pursuant to such regulations as the regional board may pre- scribe, each city, county. or city and county shall notify the regional board of the filing of a tentative subdivision map, or of any application for a building permit which may involve the discharge of waste, other than discharges into a community sewer system and discharges from dwellings involving five- family units or less. 13267. (a) A regional board. in establishing or reviewing any water quality control plan or waste discharge requirements, or in con- nection with any action relating thereto or authorized by this division, may investigate the quality of any waters of the state within its region. 3- 8911511 — 26 — (b) In such an investigation, the regional hoard may require, that any person discharging or proposing to discharge waste within ita region or any citizen or domiciliary, or political agency or entity of this state discharging or proposing to discharge waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, such technical or monitoring pro- gram reports as the board may specify; provided that the bu rden, including costs, of such reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made avail- able to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in ,judicial review or enforcement pro- ceedings involving the person furnishing the report. (c) In such an investigation, the regional board may inspect. the facilities of any such person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with. Such inspection shall be made with the consent of the owner or possessor of such facilities or, if such consent is refused, w a warrant duly issued pursuant to the procedure .set forth in Title 13 (commencing with Section 1822.50) of Part 3 of Code of Civil Pro- cedure; provided. however, that in the event of an emergency affecting the public health or safety such inspection ma: be made without con- sent or the issuance of a warrant. (Amended by Stats. 1970, Ch. 918.) 13268. Any person failing or refusing to furnish technical or moni- toring program reports as required by subdivision (b) of Section 13267 or falsifying any information provided therein is guilty of a misde- meanor. 13269. The provisions of subdivisions (a) and (b) of Section 13260. subdivision (a) of Section 13263, or subdivision (a) of Section 13264 may be waived by a regional board as to a specific discharge or to specific type of interest. ucb waiver shall where be conditional Band may vnbel terminated public tat any time by the board. 13270. Where a public agency as defined in subdivision (b) of Sec- tion 13400 leases land for waste disposal purpose to a any other public agency, including the State of California. or to any public reg- ulated by the Public Utilities Commission. the provisions of Sections 13260, fnlo i'iv p ante discharge n u rge re ortfor the waste disposal nand the regional board and the state board shall out prescribe waste discharge requirements for the lessor public agency as to such land provided that the lease from the lessor public agency shall not contain restric- tions which would unreasonably limit the ability of the lessee to comply with waste discharge requirements appurtenant to the leased property. (Added by Stets. 1974, Ch. 207.) — 27 — CIIAPTER 5. ENFORCEMENT AND IMPLEMENTATION Article 1. Administrative Enforcement and Remedies by Regional Boards 13300. Whenever a regional board finds that a discharge of waste is taking place or threatening to take place that violates or will violate requirements prescribed by the regional board or the board, or that the waste collection, treatment, or disposal facilities of a dis- charger are approaching capacity, the board may require the dis- charger to submit, for approval of the board, with such modifications ns h. may deem necessary, T dcht�iled`timesrhednlc-_of specific. actions the discharger shall take in order to correct or prevent a violation of requirements. (Amended by Stats. 1971, Ch. 1288.) 13301. When a regional board finds that a discharge of waste is taking place or threatening to take place in violation of requirements or discharge prohibitions prescribed by the regional board or the state board. the board may issue an orde • e ase and delft and direct that those persons not complying wit the requirements or discharge pro- hibitions (a) comply forthwith, (b) comply in accordance with a time schedule set. by the board, or (e) in the event of a threatened violation; lake appropriate remedial or preventive action. In the event of an existing or threatened violation of, waste discharge requirements in the operation of a community sewer system. cease and desist orders may restriet or prohibit the volume, type. or concentration of waste that might be added to such system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order. Cease and desist orders stay be issued directly by a board. after notice and hearing, or in accordance with the procedure set forth in Section 13302. (Amended by States. 1971, Ch. 1288.) 1330].]. The regional board shall render to persons against whom a cease and desist order is issued pursuant to Section 13301 all possible assistance in making available current information on successful and economical water quality control programs, as such information is developed by the state board pursuant to Section 13167, and informa- tion and assistance in applying for federal and state funds necessary to comply with the cease and desist order. (Added by Stats. 1970, Ch. 1464.) 13302. (a) Hearings for consideration of issuance of a cease and desist order may be conducted by hearing panels designated by the regional board, each panel to consist of three or more members of the board as it way specify. A member of the board may serve on more than one panel. (b) Due notice of the hearing shall be given to all affected persons. After the hearing, the panel shall report its proposed decision and order to the regional board and shall supply a copy to all parties who appeared at the hearing and requested a copy. Members of the panel are not disqualified from sitting as members of the board in deciding the matter. The board, after making such independent review of the record and taking such additional evidence as may be necessary, — 28 — may adopt, with or without revision, the proposed decision and order of the panel. 13303. Cease and desist orders of the tnnrd shall become effective and final upon issuance thereof. Copies shalt be served forthwith by personal service or by registered mail upon the person being charged with the violation of the requirements and upon other affected persons who appeared at the hearing and requested a copy. (Amended by Stats. 1972, Ch. 813.) 13304. (a) Any person who discharges waste into the waters of this slate in violation of any waste discharge requirement, or other order issued by a regional board or the state board, or who intentionally or negligently causes or permits any waste to be discharged or de- posited where it is, or probably will he, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up such waste or abate the effects thereof or. in the case of threatened pollution or nuisance, take other necessary remedial action. Upon failure of any person to comply with such cleanup or abatement order, the Attorney General, at the request of the board, shall petition the superior court for that county for the issuance of an injunction requiring such person to comply therewith. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. (bt The regional board may expend available moneys to perform oily cleanup. abatement. or remedial work required iu'.1ee the circum- stances set forth in subdivision (a) which in its judgment is required by the magnitude of endeavor or urgency of prompt action needed to prevent substantial pollution, nuisance. or injury to any waters of the state. Such action may be taken in default of. or in addition to. reme- dial work by the waste discharger or other persons. and regardless of whether injunctive relief is being sought. The regional hoard may per- form the work itself, or by or in cooperation with :_y other govern- mental agency, and may use rented tools or equipment, either with operators furnished or unoperated. Notwithstanding any other provi- sions of law, the regional board may enter into oral contracts for such work, and the contracts, whether written or oral, may include provi- sions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. Such contracts shall be exempt from approval by the Department of General Services pursuant to the provisions of Section 14780 of the Government Code. (e) If such waste is cleaned up, the effects thereof abated, or, m the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who discharged the waste, within the meaning of subdivision (a) , sb be liab hat..gavermucutal agency to the extent of the reasonable costs actually- incurred in cleaning up such waste. atritmug the lTL&s t nm-eol.; or taking other remedial action. The amount of such costs shall be recoverable in a civil action by, and paid to, such govermnental agency and the state board to the extent of the latter's contribution to the r' ^anup costs from the State Water Pollution Cleanup and Abatement P. count or other available funds. (Amended by Stats. 1971, Ch. 1288). —29— (Note the new authority of regional hoards in subsection (b) to expend available moneys to perform cleanup work when a cleanup order has been issued under subsection (a), and prompt action is needed to prevent substantial pollution or nuisance. Full authority to take all necessary- actions can be delegated to the executive officer (Sec- tion 13223). "Available moneys" ordinarily refers to moneys in the State Water Pollution and Abatement Account (Section 13441). Funds made available from an outside source, such as the Federal Govern- ment, could also constitute "available moneys ". Note that authority to expend t oneys for cleanup requires an exercise of judgment. For accounting purposes it is desirable that the exercise of judgment be in writing. A letter to the state board should request needed funds and give the reason in the context of the statute. such as the existence of an "urgency of prompt action is needed to prevent substantial pollution". A previous phone call could ascertain whether necessary funds are available.) 13305. (a) Upon determining that a condition of pollution or nuisance exists which has resulted from a nonoperating industrial or business location within its region, a regional board may cause notice of such condition to he posted upon the property in question. The notice shall state that such condition constitutes either a condition of pollution or nuisance which must be abated by correction of such con- dition, otherwise it will be corrected by the city, county, other public agency, or regional board at the property owner's expense. Such notice shall further state that all property owners having any objec- tions to the proposed correction of such condition nay attend a hearing to be held by the board at a time not less than 10 days from the posting of the notice. (b) Notice of the hearing prescribed in this section shall be given in the county where the property is located pursuant to Section 6061 of the Government Code. (c) In addition to posting and publication, notice as required in this section shall be mailed to the property owners as their names and addresses appear from the last equalized assessment role. (d) At the time stated in the notices, the hoard shall hear and con- sider all objections or protests, if any, to the proposed correction of the condition, and inay continue the hearing from time to time. (e) After final action is taken by the board on the disposition of any protests or objections, or in case no protests or objections are received, the board shall request the city, county, or other public agency- in which the conditions of pollution or the nuisance exists to abate it. In the event that such city, county-, or other public agency does not abate such condition within a reasonable time the board shall cause the condition to be abated. It may proceed by force account, contract or other agreement or any other method deemed most ex- pedient by the board, and shall apply to the state board for the neces- sary funds. (f) The owner of the property on which the conditt -•_n o.,;.l,, et. created, is liable for all reasonable costs ineunrd by the t,vlresi or any city, county, or public agency in abating the condition. The amount of the coal for abating the condition upon the property in question shall constitute a lien upon the property so posted upon the recordation of — 30 — a notice of lien, particularly describing the property on which the con- dition was abated and the amount of such lien, and naming the owner of record of such property, in the office of the county recorder of the county in which the property is located. Upon such recordation, the lien shall have the same force, effect. and priority as if it bad been a judgment lien imposed upon real property which was not exempt from execution, except that it shall attach only to the property so posted and described in such notice of lien. and shall continue for 10 years from the time of the recording of such notice unless sooner released or otherwise discharged. Such lien may be foreclosed by an action brought by the city, county, other public agency, or state board, on .ehalf of the regional board, for a money- judgment. Money recovered by a judgment in favor of the state board shall be returned to the State Water Pollution Cleanup and Abatement Account. (g) The city, county, other public agency, or state board on behalf of a regional board, may at any time release all or any portion of the property subject to a lien imposed pursuant to subdivision (f ) from the lien or subordinate such lien to other liens and encumbrances if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of such lien will not jeopardize the collection of such amount owed, A certificate by such board, city, county, or other public agency to the effect that any property has been released from such lien or that such lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the property bas been released or that the lien has been subordinated as provided in such certificate. (h) As used in this section, the words "uonoperatin g" or "tot in operation' means the business is not con dueling routine operations usually associated with that kind of business. (Amended by Stats. 1970, Ch. 1462, Stats. 1974, Ch. 46.) Article 2. Administrative Enforcement and Remedies by the State Board 13320. (a) Within 30 days of any action or failure to net by a regional board under subdivision (e) of Section 13225, Article 4 (com- mencing with Section 13260) of Chapter 4 of this division. Chapter 5 (commencing with Section 13300) of this division, Chapter 5.5 (com- mencing with Section 13370) of this division. Chapter 7 (commencing with Section 13500) of this division. or Division 7.5 (commencing with Section 14000), any aggrieved person may petition the state board to review such action or failure to act. hi case of failure to act., the 30 -day period shall commence upon refusal of the board to act, or 60 days after request has been Horde to the board to act. The state board may, on its own motion, at any time review such action or failure to act and also awy failure to act under Article 3 (commencing with Section 13240) of Chapter 4 of this divsion. the (b) The evidence before the state board shall consist of (i) record before the regional board, and (ii) any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division. — 31 — (c) The stale board may find the regional board action or inaction to be appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappro- priate or improper, the state board may: (1) direct that the appropri- ate action be taken by the regional board, (2) refer the matter to any other • ate agency having jurisdiction, (3) take the appropriate action itself, or (4) any combination of the foregoing. In taking any such action. the state board is vested with all the powers of the regional boards under this division. (d) In the event a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the ry ,. rments which should be established, either regional board may submit the disagreement to the state board which shall determine the applicable requirements. (Amended by Stars. 1971, Ch. 1288, Stats. 1975, Ch. 888.) 13321. (a) In the east of a review by the state board under Section 13320, the state board, upon notice and a hearing, may stay in whole or in part the effect of the decision and order of a regional board or of the state board. (b) If a petition is filed with the superior court to review a decision of the state board, any stay in effect at the time of the Sling the petition shall remain in effect by operation of law for a period of 20 days from the date of the filing of such petition. .Article 3. Judicial Review and Enforcement 13330. (a) Within 30 days after service of a copy of a decision and order issued by the state board under Section 13320, any aggrieved party may file with the superior court a petition for a writ of mandate for review thereof. Pailure to file such an action shall not preclude a party from challenging the reasonableness and validity of a decision or order of a regional board or the state board in any judicial proceedings brought to enforce such decision or order or for other civil remedies. (b) The evidence before the court shall consist of the record before the state board, including the regional board's record, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement the policies of this division. In every such case, the court shall esercise its independent judgment on the evidence. . (c) Except as otherwise provided herein, the provisions of sub- divisions (e) and (f) of Section 1094.5 of the Code of Civil Proce- dure shall govern proceedings pursuant to this section. 13331. (a) Upon the failure of any person or persons to comply with any cease and desist order issued by a regional board or the state board. the Attorney General. upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both. as may be appropriate, restraining such person or persons from continuing the disr,narge in violation of the cease and desist order. (b) The evidence before the court shall consist of the record before the regional board or state boast. or both, and any other relevant evidence which, in the judgment of the court, should be considered to — 32 — effectuate and implement the policies of this division. In every such ease. the court shall exercise its independent judgment on the evidence. (e) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant. such prohibitory or mandatory relief as may be warranted. (d) The court may stay the operation of the cease and desist order after notice to the board which issued the order and hearing. Any such stay may be imposed or continued only- if it is not against the public interest. (Amended by Stilts. 1970, Ch. 918.) Article 4. Summary Judicial Abatement 13340. Whenever a regional board finds that a discharge of waste within its region is taking place or threatening to take place which does or will cause a condition of pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the board, shall petition the superior court to enjoin such discharge. The court shall have jurisdiction to grant such prohibitory or mandatory in- junctive relief as may be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction. Article 5. Civil Llonetary Remedies 13350. (a) Any person who (1) intentionally or negligently vio- lates any cease and desist order hereafter issued, reissued, or amended by a regional board or the state board, or (2) in violation of any waste discharge requirement or other order issued, reissued, or amended by it regional board or the state board, intentionally or negligently dis- charges waste or causes or permits waste to be deposited where it is discharged into the waters of the state and creates a condition of pollu- tion or nuisance. or (3) causes or permits any oil or any residuary product of petroleum to be deposited in or on any of the waters of the state, except in accordance with waste discharge requirements or other provisions of this division, may.be "liable- civilly in a sum of not to exceed six•thoiisand dollars. ($6,000) for -each day in which such viola- tion or deposit,,occurs. _ 1 • . (b) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose, assess and recover such sums. Except in the case of a violation of a cease and desist order, a regional board or t.1 r state board shall make such request only after a hearing, with due notice of the hearing given to all affected persons. In determining such amount, the court shall take into consideration all relevant circumstances, including but not limited to, the extent of harm caused by the violation, tine nature and per- sistence of the violation, the length of time over which the violation occurs and corrective action, if any, taken by the discharger. (c) The provisions of Articles 3 (commencing with Section 13330) and 6 (commencing with Section 13360) of this chapter shall apply to proceedings to impose, assess and recover an amount pursuant to this irticle. — 33 — (d) Remedies under this section are in addition to, and do not super- sede or limit, any and all other remedies, civil or criminal. (Amended by Stats. 1971, Ch. 668.) Article 6. General Provisions Relating to Enforcement and Review 13360. No waste discharge requirement or other order of a regional or state board or decree of court issued under the provisions of this division shall specify the design, location, type of construction or par- ticular manner in which compliance may be had wvith such requirement. order or decree, and the person so ordered shall be permitted to comply therewith in any lawful manner; provided, as to disposal sites other than those found by the state board to be adequately regulated by another gove-nmentai agency under subdivision (b) of Section 14020 and evaporation ponds from which there is no drainage or seepage, the restrictions of this section shall not apply to waste discharge require- ments or orders or decrees with respect to the discharge of solid waste requiring the installation of riprap. the construction of walls and dikes. the installation of surface and underground drainage facilities to pre- vent runoff from entering the disposal area or leakage to underground or surface waters or other reasonable requirements to achieve the above or similar purposes. and provided further that if the court, in an action for an injunction brought under this division, finds that the enforce- ment of an injunction restraining the discharger from discharging taste would ba impraelirable. the court shall have the power to issue any order reasonable under the circumstances requiring specific meas- ures to be undertaken by the discharger to comply with the discharge requirements, order or decree. (Amended by Swats. 1971, Ch. 1288.) 13361. (a) Every civil action brought under the provisions of' this division at the request or a regional board or the state board shall be brought by 1110 Attorney General in the name of tine people of the State of California mud any such anion•: relating to the same discharge may be joined or consolidated, (b) Any civil aet ion brought pursuant to this division shall be brought in a Comity in which the discharge is made, or proposed to he made. Ilowever, any action by or against a city, city and county, Bounty, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and comity other thair that in which the city or public agency is located. - (c) In any civil action brought pursuant to this division in which •a temporary restraining order. preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or 111a1 the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof. (Amended by Slats. 1970, Cli, 018.) CHAPTER 5.5. COMPLIANCE WITH THE PROVISIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED IN 1972 (Added by Stats. 1972, Ch. 1256) 13370. The Legislature finds and declares that since the Federal Water Pollution Control Act (33 U.S.C. 1151, et seq.), as amended. Rrovidea fo ne tilt sys m to regulate the discharge of pollutants to the navigable waters of the United States and provides that permits may be issued by states which are authorized to implement the pro- visions of such act, it is in the interest, of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, 'to enact the provisions of this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary- (hereto, and federal regulations and guidelines issued pursuant thereto. 13371. The Legislature further finds and declares that it is neces- sary for the state board to amend its administrative regulations in order to comply with the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder. 13372. To the extent other provisions of this division are consistent with the provisions of this chapter, such provisions shall be applicable to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter shall apply only to actions required under the Federal Water Pollution Control Act, as amended. 13373. The terms "navigable waters," "effluent limitations," "ad- ministrator," "pollutants," "biologic monitoring," "discharge" and "point sources" as used in this chapter shall have the ,some meaning as in the Federal Water Pollution Control Act and nets amendatory thereof or supplementary thereto. 13374. The term "waste discharge requirements" as referred to in this division is the equivalent of the term "permits" as used in the Federal Water Pollution Control Act, as amended. 13375. The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is hereby- prohibited. 13376. Any person discharging pollutants or proposing to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state shall file a report of such discharge in com- pliance with the procedures set forth in Section 13260. Any person proposing to discharge pollutants shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants. Any person presently discharging pollutants shall file a report within 45 days of a written request by a regional board or the state board. The discharge of pollutants by any person except as authorized pursuant to waste discharge requirements is prohibited. 13377. Notwithstanding any other provision of this division, the state board or the regional boards shall, as required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements which ensure eompliance with any applicable effluent limitations, water quality related effluent limitations, national — 35 — standards of performance. toxic and pretreatment effluent standards, and any ocean discharge criteria. 13378. Waste discharge requirements shall be adopted only after notice and any necessary hearing. Such requirements shall be adopted for a fixed terns not to exceed five years for any proposed discharge, existing tit:- r:iiarge. or any material change therein. 13379. Waste discharge requirements shall be adopted to meet the following: (a) Not later than duly 1, 1977, effluent limitations for point sources, other thin publicly owned treatment works, which (1) shall require the application of the best practicable control technology currently available as defined larder the Federal -Water Pollution Control Act, ;Is amended, or (2) in the case of a discharge into a publicly owned treatment works as defined in subdivision (b), shall require compliance wit 11 any applicable pretreatment or toxicity requirements. (b) For publicly owned treatment works in existence on July 1, 1977, or approved pursuant to the Federal Water Pollution Control Act, as amended, prior to June 30, 1974, for which construction shall be completed within four years of approval, effluent limitations based upon se'ondary treatment, as defined under the Federal Water Pol- lution Control Act. (c) Not later than duly 1. 1977, any more stringent limitation, including those necessary to meet water quality standards, treatment standards. or schedules of compliance under this division or as re- quired tinder the Federal Water Pollution Control Act, as amended. (d) Not later than July 1, 1993, effluent limitations for categories and 1.1118s08 of point son'ces, other than publicly owned treatment works, which (1) shall require application of the best available tech- nology economically achievable for such category or class, which will result in reasonable further progress toward the goal of eliminating the discharge of 2111 pollutants as determined under the Federal Water Pollution Control Act, as amended, or (2) in the case of the introduc- tion of it pollutant into a publicly- owned treatment works which meets the requirements referred to in subdivision (e), shall require compli- ance with any 1.pplieable pretreatment or toxicity requirements. (e) Not later than July 1., 1983, compliance by all publicly owned treatment works, with requirements promulgated under the Federal Water Pollution Control Act, as amended. (2) Any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial 11505 m' to prevent nuisance. (g) National standards of performance promulgated by the admin- istrator. (It) Pretreatment requirements as determined by the administrator. (i) Ocean discharge criteria promulgated by the administrator. 13380. Any waste discharge requirement adopted under this chap- ter shall be reviewed at least every five years and, if appropriate, revised. 13381. 'Waste discharge requirements may be ter.-i';tt,r' r:' modi- fied for cause. including. bus. 11171 liriil'ed to, all of the (21) Violation of any condition contained in the requirements. — 36 — (b) Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts. (c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. 13382. Waste discharge requirements shall be adopted to control the disposal of pollutants into wells. 13383. The state board or regional boards may require dischargers of pollutants to navigable waters or to public treatment systems to establish and maintain records, snake reports, instal, use and maintain monitoring equipment or methods, including, Ivhere appropriate, hio- lr'c ;cal monitoring methods. sample effluent as prescribed, and provide ''Ih information as may be reasonably required. The state board or inn boards may inspect the facilities of any discharger of pollu- un: pursuant to the procedure set forth in subdivision (c) of Section 13267. 13384. The state board or the regional hoards shall ensure that the public, and that anv other state, the waters of which may be affected 1 any discharge of pollutants to navigable waters within this state, shall receive notice of each application for requirements or report of waste discharge and are provided an opportunity for public hearing before adoption of such requirements. 13385. Any person who discharges pollutants, except as permitted by- nvast(' discharge requirements, or who violates any cease and desist order. prohibition, waste discharge requirement, effluent limitation. water quality- related effluent limitation. national standard of perfornm- anee. pretreatment or toxicity- standard or who refuses to eonp1y with the requirements adopted pursuant to Section 13382 shall be subject to a civil penalty- not to exceed ten thousand dollars ($10,000) for each day- in which such discharge, violation, or refusal occurs. Funds col- lected shall be paid to the State Water Pollution Cleanup and Abate- ment Account. 13386. (a) The Attorney General, upon request of a regional board or the state board. shall petition the superior court to impose, assess and recover the sums provided in Section 13385. (bl Upon the violation of the terms of any cease and desist order, prohibition. waste discharge requirement. effluent limitation. water quality related effluent limitation, national standard of performance, pretreatment or toxicity standard, the requirements of Section 13383, or upon the failure of any discharger into a public treatment system to comply with any cost or charge adopted by any public agency under Section 204 (•, of the Federal Water Pollution Control Act. as amended, the Attorney- General, upon the request of the state board or regional board shall petition the appropriate court for the issuance of a pre- liminary- or permanent injunction, or both, as may be appropriate, restraining such person or persons from continuing the violation. The provisions of subdivisions (b) and (e) of Section 13331 stall be applica- ble to proceedings under this subdivision. (e) With respect to violation of waste discharge requirements or cease and desist orders, remedies under Section 13385 are in lieu of civil monetary remedies provided for in Section 13350. — 37 — 13387. (a) Any person who willfully or negligently discharges pol- lutants except as allowed by waste discharge requirements or who will- fully or negligently violates any effluent standard, water quality related e0luent standard, national standard of performance, toxicity or pretreatment standard, or who refuses to comply with the requirements adopted pursuant to Section 13382, or who violates any cease and desist order, prohibition, or waste discharge requirement shall be punished by a fine of not more than twenty -five thousand dollars ($25,000) nor less than two thousand five hundred dollars ($2,500) for each day in which such violation occurs, or by imprisonment for not more than one year in the county jail, or by both. If the conviction is for a violation committed after a first eonyietion of such person under this section, punishment shall be by a fine of not more than fifty thousand dollars ($50,000) for each day in which such violation occurs, or by imprison- ment for not more than two years in the county jail, or both. Fends collected shall be paid to the State Water Pollution Cleanup and Abate- ment Account. (b) Any person who knowingly makes any false statement,. repre- sentation, record, report. plan or other document filed with a regional board or the state board, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall he punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than six months, or by both. 13358. Notwithstanding any other provision of this division or Sec- tion 175, no person shall be a member of the state board or a regional board if he receives or has received during the previous two years a significant portion of his income directly- or indirectly from any person subject to waste discharge requirements or applicants for waste dis- charge requirements pursuant 'to this chapter. This section shall be- anie operative on March 1. 1973. 13189. Neither the state board nor the regional boards shall be re- quired to comply with the provisions of Chapter 3 (commencing with Section 211001 of Division 13 of the Public Resources Code prior to the adoption of any waste discharge requirement, except requirements for new sources as defined in the Federal Water Pollution Control Act or arts amendatory thereof or supplementary thereto. CHAPTER 6. STATE FINANCIAL ASSISTANCE Article 1. State Water Quality Control Fund 13400. As used in this chapter, unless otherwise apparent from the context: (a) "Fund" means the State Water Quality Control Fund. (b) "Public agency" means any city, county, city and county, dis- trict. or other political subdivision of the state. (e) "Facilities" means either or both: (1) facilities for the collec- tion. treatment, or export of waste when necessary to prevent water pollution or (2) facilities to reclaim waste waters and to convey re- claimed water. 12101. The State Water Control Fund is ertot it : ^d in et- 's,,ne. The following money -s in Gee fund rare approprnaueei, without — 38 — regard to fiscal years, for expenditure by the state board in making loans to public agencies in accordance with the provisions of this chap- ter : (a) The balance of the original moneys deposited therein. (b) Any money repaid thereto. (c) Any retraining balance of the money in the fund deposited therein after the specific appropriations for loans to the South Tahoe Public Utility District, the North Tahoe Public MJtility District, the Tahoe City Public Utility District, the Truckee Sanitary District, and to any other governmental entity in the areas served by such districts have been made. .Article 2. Loans to Local Agencies 13410. Applications for construction loans under this chapter shall include: (a) A description of the proposed facilities. (b) .A statement of facts showing the necessity for the proposed fa- cilities and showing that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency. (c) .4 proposed plan for repaying the loan. (d) Other information as required by the state board. 13411. Upon a determination by the state board, after consultation with the State Department of health,• that (h) the facilities proposed by an applicant are necessary to the health or welfare of the inhabi- tants of the state, (b) that the proposed facilities meet the needs of the applicant, (c) that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obliga- tion bonds through private financial institutions is impossible or )could impose an unreasonable burden on the public agency, (d) that the pro- posed plan for repayment is feasible, (e) in the case of facilities pro- posed under Section 13400(c) (1) that such facilities are necessary to prevent water pollution, and (f) in the case of facilities proposed under Section 13400(c) (2) that such facilities will produce reclaimed water and that the public agency has adopted a feasible program for use thereof, the state board, subject to approval by the Director of Fi- nance, may loan to the applicant such sum as it determines is not otherwise available to the public agency to construct the proposed fa- cilities. (Amended by Stats. 1971, Clt. 1593.) 13412. No ioali "a7ia11?b05made to a public agency unless it executes' an agreement`tivith'the state board under ' hieh it agrees to repay the - Amount- :of••the1oan, _ witli interest, within 95 years following, at the -. election , of -•.the•state' board and with the eoncurrcoce of the Director of Finance, a;=1Qyear moratoriwn on principal and interest payments. Except is otherwise provided in this section. the interest shall be at a rate equal to the average, as determined by the state board, of the net interest costs to the state on the sales of general obligation bonds of the state that occurred during the period of live calendar rears mune- A7arola• nreredin0 the year in which the luau agreement is executed. —39 — state is not a multiple of one - tenth of 1 percent. the interest rate shall be at the multiple of one -tenth of 1 percent next above the applicable average of the net interest costs, The interest rate applicable to any loan made pursuant to this chapter for while 811 application was filed prior to January 1, 1967, shall be at the rate of 2 percent. (Amended by Stats. 1970, Ch. 1159.1 13413. It is the policy of this state that, in making construction loans under this article, the state board should give special consider- ation to facilities proposed to be constructed by public agencies in areas in which further construction of buildings has been halted by order of the State Department of Health • or a local health depart- ment. or both, or notice has been given that such an order is being eousidered; provided, however. that the public agencies designated in This section shall otherwise comply with and meet all requirements of other previsions of thia chapter. (Amended by Stats. 1969, Ch. 800.) 13414. All money received in repayment of loans under this chapter shall be paid to the State Treasurer and credited to the fund. 13415. (a) Loans may be made by the state board to public agencies to pay not more than one -half of the cost of studies and investigations . inade by such public agencies in connection with waste water reclama -.. tiou, (b) Not more than a total of two hundred thousand dollars ($200,- 000) shall be loaned pursuant to this section in any fiscal year, and not more than fifty thousand dollars ($50,000) shall be loaned to any pub- lic agency in any fiscal year pursuant to this section. Lt the event that less than two million dollars ($2,000,000) is available in any fiscal year for loans under this article, then not more than 10 percent of the avail- able amount shall be available for loans for studies and investigations pursuant to this section. (c) Applications for such loans shall be made in such form, and shall contain such information, as may be required by the state board. (d) Such loans shall he repaid within a period not to exceed 10 years, with interest at a rate established in the manner provided in Section 13412. 13416. Before a public agency may enter into a contract with the state board for a construction loan under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition. NOTE. Modified hr Stats. 1972, Ch. 813, which provides in part: The provisions of Sections 13416 and 13917 of the Water Code shall not apply to tiny loan to the Isln Vista Sanitary District, the Squaw Valley County water District. or the Alpine Springs County water District pu rsnn nt to the provisions of Chapter 6 (commencing with Section 13400) of Division 7 of the Water Code. 13417. The election shall be held in accordance with the following provisions: (a) The procedure for 1 cl'.i-e "1' l -rtion on the ;r .. ',.ctaeri indebtedness by such public agency shall be utilizcu for in chetion of • n.,ta v.,.v nnn,r effrrtIve July 1. 1973. Formerly called Department of Public Stealth — 40 — the proposed contract as nearly as the same may be applicable. Where the law applicable to such agency does not contain such bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) Part 1, Division 2, Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable. (b) No particular form of ballot is required. (c) The notice of the election shall include a statement of the time and place of the election. the purpose of the election, the general pur- pose of the contract, and the maximum amount of money to be bor- rowed from the state under the contract. (d) The ballots for the election shall contain a brief statement of thr general purpose of the contract substantially as stated in the notice •i -le election, shall state the maximum amount of money to be bor- ro.- cd from the state under the contract. and shall contain the words "Execution of contract —Yes" and "Execution of contract: —No." (e) The election shall be held in the entire public agency except where the public agency proposes to contract with the state board on behalf of a specified portion, or of specified portions, of the public agency, in which case the election shall be held in such portion or portions of the public agency only. Article 3. State Water Pollution Cleanup and Abatement Account 13440. There is in the State Water Qualify- Control Fund the State Water Pollution Cleanup and Abatement Account (Hereinafter culled the "account "), to be administered by the state board. 13441. There is to be paid into the account ;i I moneys from the following sources: (a) All moneys appropriated by the Legislature for the account. (b) All moneys contributed to the account by any person and ac- cepted by the state board. (c) One -half of all moneys collected by way of enatival penalty and all moneys collected civilly under any prncre!Ii;u- brought, pursuant to any provision of this division. (d) All moneys collected by the state board for the account under Section 13304. All moneys paid into the account are available without regard to fiscal years, for expenditure by the state board in accordance with the provisions of this article. 13441.5. The State Treasurer, when requed( -,1 by the slate board and approved by the Director of Finance, shall transfer moneys in the nature of a loan from the State Water Quality Control Fund to the account created pursuant to Section 13440. v.hith shall be repayable from the account to such fund; provided. that the moneys transferred from the fund to the account shall not exceed the sum of twenty -five thousand dollars ($25,000) at any one time. (Added by Sti ts. 1970, Ch. 918.) 13442. Upon application by a public agency with authority to clean up a waste or abate the effects thereof, the state board may order ._.._ t__ -...:A trim, the Recount to the agency to assist it iu clean- 1 ing up the waste or abating its effects on waters of the state. The agency shall not become liable to the state board for repayment of such moneys, but this shall not be any defense to an action brought pursuant to subdivision (b) of Section 13304 for the recovery of moneys paid here- under. NOTE. This article is subject to Government Code provisions on oil spills. (See page G6.) CHAPTER 7. WATER RECLAMATION Article 1. Short Title 13500. This chapter shall be known as and may be cited as the Water Reclamation Law. Article 2. Declaration of Policy 13510. It is hereby declared that the people of the state have a primary interest in the development of facilities to reclaim water con- taining waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state. 13511. The Legislature finds and declares that a substantial portion of the future water requirements of this state may be economically met by beneficial use of reclaimed water. The Legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, in. dustrinl, recreational, and fish and wildlife purposes will contribute to the pence, health, safety and welfare of the people of the state. Use of reclaimed water constitutes the development of "new basic water supplies" as that t is-used- in- (-3hapter-5-'(commencing `with Seetion ,.,9j-6f"Prt 6 of Division 6. 13512. It is the intention of the Legislature that the state undertake all pos': ' • steps to encourage development of water reclamation facili- ties so that reclaimed water may be made available to help meet the growing water requirements of the state. Article 3. State Assistance 13515. In order to implement the policy declarations of this chap- ter, the state board is authorized to provide loans for the development of water reclamation facilities, or for studies and investigations in connection with water reclamation, pursuant to the provisions of Chap- ter 6 (commencing with Section 13400) of this division. Article 4. Regulation of Reclamation 13520. As used in this article "reclamation criteria" are the levels of constituents of reclaimed water, and means for assurance of reli- ability under the design concept which will result in reclaimed water safe from the standpoint of public health, for the uses to be made. 13521. The State Department of llealth shall establish statewide reclamation criteria for each varying type of use of reclaimed water where such use involves the protection of public health. 13522. -Whenever the State Department of Health or any local health officer finds that a contami:rr'+on exists as a result of use of — 42 — reclaimed water, the department or local health officer shall order the contamination abated in accordance with the procedure provided for in Chapter 6 (commencing with Section 5400) of fart 3, Division 5 of the Ilealth and Safety Code. 13522.5. (a) Any person reclaiming or proposing to reclaim water or using or proposing to use reclaimed water within any region for any purpose for which reclamation criteria have been established, shall file with the regional board of that region a report containing such information as may be required by the board. ft)) Every person reclaiming water or using reclaimed water shall tile with the regional board of that region a report Of any material chn,nge or proposed change in the character of the reclaimed water or its use. (c) Each report under this section shall be sworn to or submitted tinder penalty of perjury. (d) The provisions of this section shall not he construed so as to 'ngnire any such report in the case of any producing, manufacturing, or processing operation involving the reelarmd ion of water solely for use in such producing, manufacturing or processing operation. (Added by Slats. 1970, Ch. 918.) 13522.6. Any person failing to furnish a report under Section 13522.5 when so requested by a regional board is guilty of a misde- meanor. (Added by Slats. 1970, Ch. 918.) 13522.7. The Attorney General, at the request of the regionpl board, shall petition the superior court for the issuance of a temporary re- straining order, temporary injunction or permanent injunction, or combination thereof, as may he appropriate, requiring may person not complying with Section 13522.5 to comply- forthwith. (Added by Stats. 1970. Ch. 918.) 13523. Each regional board, after consulting with find receiving the recommendations of the Slate Depart motif of Health and after any necessary hearing, shall. if it determines such action to be necessary to pi ,1 the public health, safely. or welfare, prescribe water recla- mation requirements for water which in used 00 proposed to be used as reclaimed water. Requirements Play he placed upon the person reclaiming water- the user. or both. f4711'11 requirements shall include, or be in conformance with, the statewide reclamation criteria estab- lished pursuant to this article. The Iegional board may require the submission of a prcconstructior report Dar the purpose of determining compliance with the reclamation criteria. (Amended by Stars. 1970, Ch. 918.) 13524. No person shall reclaim water or use reclaimed water for any purpose for which reclamation criteria have been established until water reelrunation requirements have been established pursuant to this article or a regional board determines that no requirements are nec- essary. (Former 1352.5; amended and reunmb_ra,l 13524 by Stats. 1970, Ch. 918.) 13525. Upon the refusal or failure of any person 00 persons reclairn- ._ -. --- -- ...,:.._ _..,.P.,;.,.,.,1 ,r, for In manly with the Provisions of 43 _ shalt petition the superior court for the issuance of a temporary re- strainine order, preliminary injunction, or permanent injunction, or eombinatiou thereof, as may he appropriate, prohibiting forthwith any person or persons from violating or threatening to violate the provisions of this article, (Former 13524; amended and renumbered 13525 by Stats. 1970, Ch. 918.) 13525.5. Any person reclaiming water or using reclaimed water in violation of Section 13521, after such violation has been called to his attention in writing by the regional board, is guilty of a rnisdenteanor. Each day of such reclaiming or use shall constitute a separate offense. (Added by Stats. 1970, Ch. 918.) 13526. Any person who, after such action has been called to his attention in writing by the regional board. uses reclaimed water for any purpose for which reclamation criteria have been established prior to the establishment of water reclamation requirements, is guilty of a misdemeanor. 13527. Ira administering any statewide program of financial as- sistance for water pollution or water quality control which may be ilrlei!atcrl to it pursuant If/ Chapter 6 (commencing with Section 13400) of this division. the state board shall give added consideration to water quality control facilities providing optimum water reclama- tion and use of reclaimed water. Nothing in this chapter prevents the appropriate regional board from establishing waste discharge requirements if a discharge is involved, 13528. No provision of this elrapter shall be construed as affecting the existing powers of the Slate Department of health. Article 5. Surveys and Investigations 13530. The department, either independently or in cooperation with any person or any county, state. federal. or other agency, or on request of the state board, to the extent funds are allocated therefor. shall conduct surveys and investigations relating to the reclamation of water from waste pursuant to Section 230. Article 6. Waste Well Regulation 13540. No person shall construct, maintain or use any waste well extending to or into a subterranean water- bearing stratum that is used or intended to be used as, or is suitable for, a source of water supply for domestic purposes. Notwithstanding the foregoing, when a regional board finds that water quality considerations do not preclude controlled recharge of such stratum by direct injection, and when the State Department of Health. following a public hearing. finds the pro- posed reeharge will not impair the quality of water in the receiving aquifer a., a source of water supply for domestic purposes, reclaimed -rater may be injected by a well into such stratum. The Stale Depart- ment of Health may make and enforce such regulations pertaining thereto as it deems proper. Nothing in this section shall be construed to affect the authority of the state board or regional boards to prescribe __a i __e.,__„ ,, ,..........,,... n. ft.,. caul ,licehnroe _44- 13541. As used in this article, "waste well" includes any hole dug or drilled into the ground, used or intended to be used for the disposal of waste. CIIAPTER 8. FEDERAL ASSISTANCE FOR TREATMENT FACILITIES 13600, The state board shall administer any program of financial assistance for water quality control which may be delegated to it by law, and may accept funds from the United States or any person to that end. 13601. The state board, in cooperation with the regional boards, shall survey the statewide need for waste collection, treatment and disposal facilities which will be required during the five -year period, January 1, 1968, to December 31, 1972, inclusive, to adequately pro- tect the waters of the state for beneficial use. The state board shall also, biennially, commencing in 1970, survey the need for facilities which will be required by public agencies for the ensuing five -year period. The state board may request a local public agency operating such facilities to transmit to its regional board a report on the follow- ing: (a) A summary of the construction or improvement of its waste collection, treatment and disposal facilities and amounts expended therefor. (b) An estimate of its needs for the five -year period, January 1, 1968, to December 31, 1972, inclusive, and for any ensuing five -year period, The state board shall review the information contained in the re- ports made by the local public agencies. The state board shall subunit to the Legislature findings and conclusions as to the anticipated local, state, and federal financing necessary to provide the needed facilities for such periods. 13602. The state board shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter until it has determined that any money required to be furnished as the state's share of project cost is available for such purpose. • 13603. The Governor may request the funds required to finance the state's share of project costs for each fiscal year through inclusion of the anticipated state's share in the annual Budget Bill. 13604. The state board shall revieur and approve each waste collec- tion, treatment, and disposal project for which an application for a grant under the Federal Water Pollution Control Act has been made. The state board shall, it; reviewing each project, determine whether such project is in conformity with state policy for water quality con- trol and in conformity with water quality control plans adopted by regional boards, and shall certify that such project is entitled to priority over other eligible projects on the basis of fruauciui as well as water pollution control needs. (Amended by Stets. 1970, Ch. 254.) applications for grants made 13605. For the purpose of reviewing app pursuant to authority granted in Section 13600, the state board shall give added consideration to applicants having facilities providing opt;;;!,“,:. walr^ rn.19,n.: 1. 11,1, • III 1' :.. ., .. 13606. If an application states that the applicant is not able finance the local agency share of the project, the state board shall c sider whether the applicant should be required.to levy a sewerage se ice charge. If the state board determines a sewerage service charge necessary to pay such costs, the state board shall not approve the gri application unless, as a condition to such approval, the applicr agrees to levy a reasonable and equitable sewerage service charge connection with the proposed project. Any such applicant, not otherwise authorized, is authorized by t section to levy a sewer. ;r: service charge pursuant to such an agreeme and shall levy such charge in the manner provided in the agreement 13607. All money appropriated by the Legislature for the stet share of the project costs shall be appropriated without regard fiscal years, or shall augment an appropriation without regard to fix years. 13608. After the effective date of the amendment of this sect by the 1972 Regular Session of the Legislature, no application fo grant under this division or under the Federal Water Pollution Cont Act, or amendment thereof, or for a loan pursuant to Chapter 6 (e meucing with Seetiot 1.3400) of this division, shall be accepted by state board unless such application contains assurances that sup visors and operators of the plant meet or will meet certification gmirements, adopted .. °aunt to Chapter 9 (commencing with Sect 13625) of this division, tor the proposed plant, as well as the plant current operation. (Amended by Stats. 1970, Ch. 918, and Slats. 1972, Ch. 1315.) 13609. Each applicant for a grant under this chapter for a proj to be funned by the federal fiscal 1973 -74 allotment and all fede allotments thereafter shall pay to the state board a reasonable gr. processing fee not to exceed one -half of 1 percent of total eligible pt ect costs according to a fen schedule established by the state board. 13610. The fee authorized by Section 13609 shall he an eligible pi ect cost for grants from the State Clean Water Fund. Section 131 shall not apply unless the fee is an eligible project cost of the gri obtained under the Federal Water Pollution Control Act. 13611. Fees collected under the provisions of Section 13609 be deposited in the State Clean Water Grants Administration Re'c ing Fund, which fund is hereby created. 13612. The Department of Finance in conjunction with the st board shall, from time to lime, review the status of the State Ch Water Grants Administration Revolving Fund to determine whet' the amount of money therein is adequate to carry out the provisi' of this chapter. If the Department of Finance determines that th are excess amounts in the fund, it shall notify the State Control who shall effect the necessary transfer to the General Fund. The expenditures from the State Clean Water Grants Administrat: Revolving Fund shall be subject to annual appropriation in the Bud. Act, except that for the 1971 -75 fiscal year such expenditures as determined necessary by the state board subject to approval of 1epartment of Finance and Section 28 of the Budget Act of 1974 u be ;wide. CHAPTER 9. MUNICIPAL, AVAST': `�'ATtat 'l'REAT >IENT PLANT CLASSIFICATION AND OPIAIATOa CERTIFICATION (Added by Stals.(19Z1 Ch. 1315.) 13625. As used in this chapter: (a) "Municipal waste water treats ent plant" means the various facilities used in the treatment or reclamation of sewage and industrial wastes. bl "Supervisor" means any perspu who has direct responsibility He- the operation of a municipal waste water treatment plant or who ',revises any operators of such a plant. ,_,) "Operator" 111C8115 any persou who operates a municipal waste :ant °r treahwent plant. I '1 "Certificate" means a ccrlifidale of competency issued by the 'bard stating that the supervise E' Ir operator has met the require - ;n for a specific classification iu \hc certification program. •:'al. The sine board shall classify types of municipal waste water nn ul. plants For the purpose of determinlutt the levels of compe- Iuee necessary to opera them. The state boa rd shall adopt and rmonlg;de regulations setting forth the types of plants and the fac- -< on which the state board based its classification. 'Iaal'3 -i (n) Supervisors and operators of municipal waste water n manna( plants shall possess a certificate of appropriate grade in tic- ' know with, and 10 the extent recommended by the advisory 00111 - rer unl requin•d by, regubdiuns aclvpled by the state board The s ate board shall develop aId specify in its regulations the training I..sres = :Iry to qualify a supervisor or operator for certification for each type and class of plant. The state board may accept experience in lieu a.f qtr Iiticatiou training. itt lieu or a properly certified waste water treatment plant operator, the board may approve use of a water treat - ine;,i plant operator of appropriate grade certified by the State Board of Public Health. where water reclamation i.s involved. b' A person employed as a municipal waste water treatment plant supervisor or operator on the effective date of regulations adopted pursuant to this chapter shall be issued an appropriate certificate pro- vided he meets the training, edu a o 1 and experience requirements preseriheIl by regulations. 13i1J:= Certificates issued pursuant to this chapter shall be re- rd biennially, subject to compliance by applicants with renewal stair board{ all the time regulations. Fees certificatelandnl` al the time of acne -,Val. The state board shall establish a fee schedule to provide reve- nues to cover the cost of this program. 1:;:r" a. The state board may approve courses of instruction at hi.,hr educational institutions which will qualify operators for each panda of certification The state board shall also approve courses of in- struct iaa❑ given by professional associations, or other nonprofit private 00 pui,lia.• agencies which shall be deemed equivalent to courses of lm- strneti,ur given any higher educational institutions. 136x0. The state board is the state agency which is authorized to represent the slate and its local governmental agencies in adminis- terin:, any federal or state funds available for municipal waste waiter treatment plant operator training. The slate band may provide tech- i nieal and financial assistance to organizations providing operator train. ing programs. 131131. Prior to adopting or revising any regulations or approving any courses for operator training, the state board shall appoint an advisory committee to assist it nu carrying out. its responsibilities under this chapter. 13632. The advisory committee appointed pursuant to Section 13631 shall consist of the following: (a) Two persons from a statewide organization representing munici- pal waste water 1000111101)1 plant operators and supervisors, who shall be employed in a waste water treatment. plant as an operator or supervisor. (h) Two persons from statewide organizations representing munici- palities, including counties. (0) Two persons from statewide organizations representing local c;tnitation agencies, other than municipalities. (d) One person who is a professional engineer specializing in sani- tary engineering, tel One person from a university or a state college school or division of engineering. (1) One prison who is a member of an organized labor union which represents waste water treatment plant. operators. (Amended by Stints. 1974, Ch. 742.) 13633. The advisory committee shall review all proposed regulations and make reeommendat nuns to the stale board prior to adoption of any regulations or changes therein. 13534. This chapter shall not apply to nongoveruneutally availed or operated facilities. CHAPTER 10. WATER WELLS AND CATHODIC PROTECTION WELLS Article 1. Declaration of Policy 13700. The Legislature finds that the greater portion of the water used in this state is obtained from underground sources and that such waters are subject to impairment in quality and purity, causing detriment to the health, safety and welfare of the people of the state. The Legislature therefore declares that the people of the state have a primary interest in the location, construction, maintenance, abandon- ment and destruction of water wells and cathodic protection wells. which activities directly affect the quality and purity of underground waters. Article 2. Definitions 13710. "Well" or "water well" as used in this chapter, means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include: (a) oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conser- vation, except those wells converted to use as water wells; or (b) wells used for the purpose of (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments. 1.3711. "Cathodic protection well," as used in this chapter, means any artificial excavation in excess of 50 feet constructed by any method — 48 — for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection. Article 3. Reports 13750. Every person who hereafter intends to dig, bore, or drill a water well or cathodic protection well, or who intends to deepen or reperfurate any such well, or to abandon or destroy any such well, shall file with the department a notice of intent to engage in such con- struction, alteration, destruction, or abandonment prior to commencing such construction, alteration, destruction, or abandonment; provided, that when such construction, alteration, destruction, or abandonment must be accomplished immediately in order to prevent damage to persons or property due to the loss of an existing water supply, such notice shall be filed with the department as soon as'possiblc thereafter, but. in any event not more than five days after commencement of such construction, alteration. destruction, or abandonment or repair. The report shall he made on forms furnished by the department and shall contain such information as the department may require, in. eluding, but not limited to: (a) description of the well site sufficiently exact to permit. location and identification of the well (h) proposed date of construction of the well (e) the use for which the well is intended; (d) the work to be done and a description of type of con - straclimu; and (c) in event of Into filing. the reasons therefor. 13751. Every person who hereafter digs, bores or drills a water well or cathodic protection well. or abandons or destroys any such well, or who deepens or reperforatos any such well, shall file with the depart- ment a report of completion of such well within 30 days after its con- struction or alteration has been completed. The report shall be made on forams furnished by the department and shall contain such information its the department may require. in. eluding, but not limited to: (n) description of the well site sufficiently exact to permit location and identification of the well; (b) detailed log of the well; (c) description of type of construction: (d) details of perforation; and (e) methods used for sealing off surface or con- taminated waters. 13752. Reports made pursuant to Section 13751 shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, that any report shall be made available to any person who obtains a written authorization from the owner of the well. 13753. Every person who hereafter converts. for use as a water well or cathodic protection well, any oil or gas well originally eonstrueted under the jurisdiction of the Department of Conservation pursuant to Chap- ter 1c Division 3 of ilea Public eResources Code, shall s alln comply )wi 11 all provisions of provisions of ibis chapter. 13754. Failure to comply with any provision of this article, or will- ful and deliberate falsification of any report required by this article, t. —4g— ale, the person shall be given reasonable opportunity to comply with the provisions of this article. 13755. Nothing in this chapter shall affect the powers and duties of the State Department of Ilcalth with respect to water and water systems pursuant to Chapter 7 ( commencing with Section 4010) of Division 5 of the Ilcalth and Safely Code Every person shall comply with this chapter and any regulation adopted pursuant thereto, in addition to standards adopted by any city or county. .Article 4. Quality Control 13800. The department, after such studies and investigation pur- suant to Section 231 as it finds necessary, on determining that water well and cathodic protection well construction, maintenance, abandon- ment, and destruction standards are needed in an area to protect the quality of water used or which may be used for any beneficial use, shall so report to the appropriate regional water quality control board and to the Slate Department of Health. The report shall contain such recommended standards for water well and cathodic protection well construction. maintenance, abandonment, road destruction as, in the de- partment's opinion, are necessary to protect the quality of any affected water. 13801. The regional board upon receipt of a report from the de- partment shall hold a public hearing on the need to establish such well standards for the area involved. The regional board may hold such a public hearing with respect to any area regardless of whether a report has been received from the department if it has information that such standards may be needed. 13802, If the regional board finds that standards of water well and cathodic protection well construction, maintenance, abandonment, and destruction are needed in any area to protect the quality of water used, or which may be used. for any beneficial use, it shall determine the area to be involved and so report to ench affected county and city in the area. The report shall also contain any well standards which have been recommended by the department. 13803. Each such affected county and city shall. within 120 days of receipt of the report. adopt an ordinance establishing standards of water well and cathodic protection well construction, maintenance, abandonment, and destruction for Ole area designated by the regional board. Prior to adoption of such ordinance each affected county and city shall consult with all interested parties, including licensed well drill- ers. A copy of such ordinance shall be sent to the regional board on its adoption and the regional board shall transmit such ordinance to the department for its review and comments. 13804. Such county and city well standards shall take effect GO days from the date of their adoption by the county or city unless the regional board, on its own motion, or on the request of any affected person, holds a public hearing on the Mather and determines that the county or city well standards are not. sufficiently restrictive to protect the quality of the affected waters. If the board makes such a determina- tion it shall so report to the affected county nr city and also recom- mend the well standards, or the modification of the county or city well — 50 — 13805. Tf a county or city- fails lo adapt an ordinance establishing water well and cathodic protection well cnnslruct ion. maintenance, abandonment, and destruction standards within 120 days of receipt of the regional board's report of its determination that such standards are necessary pursuant to Section 13802. or fails to adopt or modify such well standards in the manner del ermined as necessary by the regional board pursuant to Section 73804 within 90 days of receipt of the regional hoard's report, the regional board may adopt standards for water well and cathodic protection well construction, maintenance, ibandonment, and destruction for the area Such regional board well standards shall take effect 30 days from the dale of their adoption by the regional board and shall be enforced by the cil.y or county- and have same force tend effect as if adopted as n county or city ordinance. Amended by Slats. 1970, Ch. 918.) 13806. Any action, report, or determination taken or adopted by a 'egioual board or any failure of n regional board to act pursuant to this article. (many county or city ordinance in the event of the failure of a regional hoard to review such ordinance pursuant to Section 73801, may be reviewed by the state board on its own motion, and shall be reviewed by the state board on the request of any affected county or city. in Ole same manner as other action or inaction of the regional board is reviewed pursuant to Section 13320. The state board has the same powers ns to the review of action or inaction of a regional board or of a county or city ordinance under this article as it has as to other action or inaction of n regional board under Section 13320, including being vested with all the powers grated n regional board antler this article. with like force and effect if it finds that appropriate action bas not been taken by a regional board. Any action of a regional board under this article or any enmity or city ordinance affected by the review of the state board shall have no force or effect during the period of the review by the state board. (Amended Stilts. 1969. Clt. 800.) CIIAI`TEtt 11. DISCHARGES IRON HOUSEBOATS ON On IN TUE WATERS OF THE STATE 73900. The Legislature finds and hereby declares that discharges from houseboats in or on the waters of 1110 state constitute a signifi- cant source of waste as defined in Section 13050; that discharges of waste from houseboats in or on the waters of the state may impair the beneficial uses of the waters of the state to the detriment of the health, safety, and welfare of the people of the state ;.and that the discharges of waste f rom houseboats are not adequately regulated. The Legislature therefore declares that the people of the state Have a primary interest in the coordination and implementation of the regulation of discharges of waste from houseboats on or in the waters of the state. 173901. As used in this article, "houseboat" means a watercraft or industrial or commercial structure on or in the waters of the state, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation. "Houseboat" includes platforms, and waterborne hotels and restaurants. "City — 51 — or county" means any city, county, city and county, or port au- thority. 13902. Each regional board shall investigate its region to determine areas in which discharges of waste from houseboats are inadequately regulated by local ordinance. 73903. Each regional board shall notify each affected city or county, the State Department of Health and the Department of Navigation and Ocean Development'" of areas of inadequate regulation by ordinance of discharges of waste from houseboats and shall recommend provisions necessary to control the discharges of waste from houseboats into the waters. 73904. Each such affected city or county shall within 120 days of receipt of the notice from the regional board, adopt an ordinance for control of discharges of waste from houseboats within the area for which notice was given by the board. A copy of suet ordinance shall be sent. to the regional board on its adoption and the regional board shall transmit such ordinance to the state board, the State Department of Idealth and the Department of Navigation and Ocean Development. 13905. Such city or county ordinance shall take effect 60 days from the date of adoption by the city or county, unless the regional board holds a public hearing on the mutter and determines that the city or county ordinance is not sufficiently restrictive to protect the quality of the waters affected. If the board makes such a determination, it shall so report to the affected city or county and also recommend the ordi- nance, or 1Bod1fiention of the city or county ordinance, which it deter- mines is necessary. 13900. If a city or county fails to adopt an ordinance controlling discharges of waste from houseboats within 120 days of receipt of the regional board's notice pursuant to Section 13903. or fails to adopt or modify such ordinance in the manner determined as necessary by the regional board pursuant to Section 13905, within 90 days of receipt of the regional hoard's notice. the regional board may adopt regulations necessary for the control of discharges of waste from house- boats for the area designated- Such regional board regulations shall take effect 30 days from the date of their adoption and shall be en- forced by the city or county and have the same force and effect as if adopted as a city or county ordinance. 13907. Any action, report. determination, or regulation taken or adopted by a regional board, or any failure of a regional board to act may be reviewed by the state board, and shall be reviewed by the state board on the request of any affected city or county. The state board has all powers as to the review of action or inaction of a regional board under this article as it has to other action or inaction of regional board, including all powers granted to n regional board to initially determine areas in which discharges of waste front house- boats are inadequately regulated by local ordinance and to adopt regulations when a city or county fails to do so, if the state board finds that appropriate action has not been taken by n regional board. Any action of a regional board under this chapter or any city or county ordinance affected by the review of the state board shall have ne • Note: Formerly culled State Department of harbors and Watercraft. — 52 — force or effect during the period of the review by the state board. (Amended by Slats. 1969, Ch. 800.) 13908. No provision in this chapter and no action thereunder by a regional board or the state board is a limitation on the power of a city or county to adopt and enforce additional ordinances or regula- tions not in conflict therewith imposing further conditions, restric- tions, or limitations with respect to the discharges of waste from house- boats. CHAPTER 12. SPECIAL WATER QUALITY PROVISIONS 13950. 'I i1t3iitlfatniti teily"ilthet—provis on pf aw,i,ilpon.an des . ° rye Tah00 $0 n,_pro ding d:tany area ;ofthe district as eu and trgatmentglieilities.aufticient to' handle and .treat .t,pargeaalltant':w att. anci^,tranipitirtattbn facilities sufficient to transport atirresptitsnt:voluent outside the'31ake 'laboe Basin, the further -inain .+, gift'R 1ft*Th!tiseMkil. ®lJ!? IS eater P apni err£ waetegd4$posai. suaha; ;. b An e.Ia 3f+!� auawaar 3apd�thetdif4trie4 Iall require sew , ciiteix tt' ang* sisrlfppte I9 tlteeharged to be onrreoted with ;_O sewer :system : tirthin d of 4° 6' tit 't e mpltt ntieteuahtss (Added by Slats. 1969 Ch. 800.) 13951 $ptnyitdistandiu}g,any other provision of ,Jawr on orttafter 3x1,!, waste'irro,�mlwitijin, the %rice Tahoe; watershed ehallk, only ;rote,'* sowerueysff t and treatment .Lacil ties aufitmentq, aitd] .,ait, , treat,p,Ay 1ehAcei gee and..,trausportatlon.afactlities suffi i .ieuL- te^ iranaport any- resultant„ efthuent outside 'the Lake ;_Tahoe -t, wakDn1eu, deep[ tliat_aueh,haste.niay_he, placer m-a3lolding_ tank rw11101 to .pn!ul eu VA, ;,4,.�,1t 4?g!4'1lf suety Ceatmentfaad ;,tranaporta ;rl tion; foe tiled: in.r as , used In ,ttlig ecetigI '[cold[':' shalt 'not sinelude "solid waste er refuse.' 9);ha € gther'-matntenaneerorraae ^:of cesspools.° septic- tanks, means-Qf. waste disposal" ih the'. ake:;,Tah oe • watershed on or afters spy „ ,fkilet,thyaanywerson, except as permitted pursuant to this aeojion ,>raseinaPub4crtnu $ gnesi.lahb oeenpaagy of any building, front -. wltbiri Rastaloto:discharged rmalation of this section is a public gquaganrili.' 'te [ion ;anasy,3419t. brqugl4.t ;tb,t.cnjoin any Person from o�??P7Fh1'?;'.Aueb building. )'has sec, 'ac'n shall not be applicable to a particular area of the Lake Tahoe watershed whenever the regional board for the Laliontan region -06 find- that the continued operation of septic tanks. cesspools, or other'' means of vane disposal in such area will not, individually or col- lectively, dit..atl' tut indirectly, affect the quality of the waters of Lake Tahoe and that the severing of such area would have a damaging effect upon the .m ironuwnt. This section stud' not be applicable to any area or areas within the Fallen Leaf Lake watershed in the event the regional board for the Lalioltan regain finds that with the export of toilet wastes by single- family residences or with the export of toilet and kitchen wastes with respect to any commercial properties, the continued use of septic tanks, cesspools, or other means of waste disposal in such area or areas for the teainent ad vider aillyt or collec�tively,5 directly the r indiirectly, affect the t the quality of the — 53 — waters of Lake Tahoe, and that the sewering of such area or areas ivoutd have a dtnnagimg effeel upon the environment. This section shall not affect the applicability of Section 13950. (Added by Slats. 1969, Ch. 1356; amended by Slats. 1975, Ch, 637.) ']'leis act [the Porter- Cologne Water Quality Control Act] is intended to implement the legislative recommendations of the final report of the Slate Water Resources Control Board submitted to the 1969 Regular Session of the Legislature entitled "Recommended Changes in Water Quality Control,'- prepared by the Study Project -Cater Quality Con- trol Programs. (Stats. 1969, Ch 482, See. 36.) CHAPTER 13. CLEAN WATER BOND LAW OF 1970 (Added b', Stats. 1970. Ch. 508. subject to •eferendmn. Approved by- cote at election held on November 3, 1970) 13970. This chapter may be cited as the Clean Pater Bond Law of 1970. 13971. The Legislature hereby finds and declares that clean water, which fosters the health of the people. the beauty of their environment, the expansion of industry and agriculture. the enhancement of fish and ivildlifi • the anipro ement of recreational facilities and the pro ' 1 of pure drinking water at a reasonable cost. is an essential pi err ncet. AP hough the State of California is endowed with abundant • - — p_nls. streams and rivers. and hundreds of miles of shoreline, as well as large quantities of underground water. these vast water resources .re Ilireatencrl by pollution, which. if not checked, will impede the state's ci,onninie. community and social growth. The chief cause of pollution is the discharge of inadequately treated waste into the venters of the state than} public agencies have not net the demands for ade- quate waste treatment or the control of ycater pollution because of uaatl: pi al , financial resources and other responsibilities. Increasing population accompanied by aecelerating urbanization. growing demands for water of high quality. rising costs of construction and technological changes mean that unless the state acts now the needs may scar beyond the means available for public finance. Meeting these needs is a proper I urpo ' of the federal. state and local governments. Local agencies. by i ea.nn of I heir closeucss to the problem. should continue to have primary responsibility for construction. operation and maintenance of the facil- ities necessary to cleanse our waters. Since water pollution knows no political boundaries and since the cost of eliminating the existing_ back - log of needed facilities and of providing additional facilities for future n,4< will be beyond the ability of loyal agencies to pay. the state, to meet. its responsibility to protect and promote the health, safety and welfare of the inhabitants of the state. should assist in the financing. 'I'bc federal government is contributing to the cost of control of water pollution, and just provision should be made to cooperate with the United Slate of America. II is the intent of this chapter to provide J} — necessary funds 10 insure the full partiripatinn by the state tinder the provisions of Section S of the Federal APaler Pollution Control Act (33 U.S.C. '16(3 el seq.') and acts amendatory- thereof or supplementary thereto. 13972. The State General Obligation Pond Law is adopted for the pnrpoSe of the isSUance. sale, and repayment of, and otherwise pro - viding with respect to. the bonds authorized to he issued by this chapter, and the provisions of that law are included in this rhnpier as though set out in full in this chapter except that notwithstanding anything, in the Slate Gcueral Obligation Bond Law, the bonds authorized hereunder shall hear such rates of interest, or maximum rates, as may from time to time be fixed by the State l'reasurer..ci111 the npprov ih of the com- mittee. and the nutximtm] maturity OF the bonds shall 1101 exceed 50 I'S ft'nnl the (bier of the bonds. nr from tilt' dale of each respective -s. 'file maturity of each respective series shall be calculated from date Of such series. 13973. As used in this chapter, and For 1110 purp0scs of this chiapl 1.r as used in 1110 State 1 screen] Obligation Pour] Law, the following words shall have the following meanings (a) "Committee" means the Clean Water Finance Committee. 00c- atrd by Section 13974. (b) 'Board" menus Ihr. State 1F ■ilea Resonates Control Board. (e) "Fund" means the State Clean AValet. Fund. (d) "lliuuicipality" shall have the same meaning as in the Federal Water lollution Control Aet (33 I.i.S.C. 1151 et seq.) and acts amend- atory thereof or supplementary thereto and shall ;dot) include the state 00 any agency or department thereof. (c) " J'reatment worles ' shall have the same meaning as in the Federal ■Caler Pollution Cold 1.01 Act (-.13 T ?.S U, 3151 et seq.) and acts amendatory 1h0r0n1' nr supp10m0nlart Ihereto. on "Construction" slow hive the same meaning r ) 15 11 amts nntclurrio1 1A -at0r 1'ollutiou Control -Act (3:1 L.S C, 1151 tt 1 tory thereof or supplementary thereto. (gt " Eligible projeet n meats a project for the construction of treat - ment tvorl:S which is 1111 of the follotviug: (1) Eligible for federal assistance, -whether or nut. federal funds are then available therefor; (2) Necessary to prevent. tyaler pollution; . (3) Certified by the board as entitled) to priority over other treat- ment works, and which complies with itpplicthle water quality stand - ards, policies and plans. (10 "Federal ascisl:tnre" means funds av;iilahhe 10 a mtnticipalily either directly or 1brough allocation by 11m sl:dr. Iron] the Federal goyernmcut as grants for construction of treatment works, pursuant to Section S of the Federal 1Va1er 1'oi1ution Control Act, and acts atnendalory- thcreuf. 13974. The Clean Water Finance Committee is hereby created. committee shall consist of the Governor or his designated representa- tive. the State Controller. 1110 Stale 'Pre :tsrtter, the l)ire(lor of Finance, and the chairman of the board. The executive officer of the board shall serve as a member of the committee 111 the absence of the chairman. — bb — Said committee shall be the "committee" as that tern is used in the State General Obligation ]fond Tmw. 13975, The committee is hereby authorized and empowered to create a drb1. 00 debts, liability or liabilities, of the State of California, in the aggregate amount of two hundred fifty million dollars ($250.000,000), in the manner provided in this chapter. Such debt or debts, liability or liabilities. shall be created for the purpose of providing the fund to be used for the object and work specified in Section 13976. 13976. (a) The moneys in the fund shall be used for the purposes set forth in this section. (1)) The board is authorized to ruler into contracts with municipali- ties having authority to construe[, operate and maintain treatment works for grants to such municipalities to aid in the construction of eligible projects, and for reclamation of water. Grants may be made pursuant to this section to reimburse munici- palities for construction for which contracts were let subsequent to duly 1, 1970, and before the first sale of bonds authorized to be issued by this chapter. Any contract pursuant to this section may include such provisions as 1110y he agreed upon by the parties thereto, and any such contract con - cerning en eligible project shall include, in substance, the following provisions: I ) A.r estimate of the reasonable cost of the eligible project; (2) .An agreement by the board to pay to tin municipality. during the progress of construction or following completion of construction as may 100 ney rood upon by the parties, an amount which equals at least 127, 11.0111 of the eligible project cost determined pursuant to federal and (tate lays. ;o] l regulations. Notwithstanding the provisions of any existingnronents entered into pursuant to this subdivision, the board shalt pay the municipality under any contract entered into ouant to Ihis sul,.Lyi�ainn for a protect for which the federal offer made ' 1.14 ether October 18, 1972, an amount which equals 124 percent of the liaiblr pinjeut cost determined pursuautt to federal and state law and o t'golalinns; (3' -An a irrement by the municipality, (i) to proceed expeditiously with. :111.1 11 1111)1010, the eligible project, (ii) to commence operation of •Jig. traat•e 111 works on completion thereof, and to properly operate and ru;in.rin Snell tvorks in accordance with applicable provisions of iaw, Hi apply for and make reasonable efforts to secure federal rssistt a �r the eligible project, (iv) to secure the approval of board i o I :o , applying for federal assistance in order to maximize the ;Amounts ,d such assistance received or to be received for all eligible projects In the slate, and (v) to provide for payment of the munici- pality's share of the cost of the eligible project. ('1.r 'Pile t Yard may make direct grants to any municipality or by contra' or otherwise undertake plans, surveys, research, development and sta(brs neeresary. convenient. or desirable to the effectuation of the purposes 01111 powers of the board pursuant to this division and to prepare nsycannendations with regard thereto, including the prepara- tion t110 oolh•ct.r.n. tlreatm enttandtdisposalrofawaste wider a and comprehensi'e cooperallVe lei1:11. — 56 — 'rho aggregate an1om111 of moneys which may be advanced or granted to or commit led to municipalities for the purpose of planning, research ;311(1 developuwnl: whether by the board or under the direction of the hoard or in the form of direct. grants to municipalities for such pur- pose. shall not exceed in the aggregate such amount as may be fixed fro to from time la time by the committee. (d) 'The board may from time to time with the approval of the committee transfer moneys in the fond to the State AVatcr Qualify Control Fund to be available_ for leans In public agerwies pursuant to Chapter 6 (commen•Ing tvilh .Section 1:1100 of Ilai :; division. (e) Not more than one -half of 1 percent of the moneys deposited it the fund may be expended by the board for costs incurred in ad- gnistering the provisions of Is chapter. f ! As mu011 of the moneys in the fund as is necessary shall be used reimburse the General Crbligatlnu Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (g) The board may with the approval of the committee transfer not more than ten million dollars (`ti10.000.000) from the fund to a special reserve fund as additional security for the payment of the principal of and the interest. on revenue bonds sold by the state as provided by law to provide funds to municipalities for needed sewage facilities. Such money shall be 1150(1 for 511011 purpose only after all other secu- rities provided by- law have been exhausted Any money not used for such purpose shall. after retirement of the revenue bonds. he returned to the fund and be rya itabde 1•o- other purposes provided for in 11315 section. regulations governing the m ;d :- (hl The boar(, many adopt. roles and rc;_� g- i amid enf ore ing nl' cowl n•aels pursuant In I has section. 13977. All bonds herein authorized. shall have been duly sold and delivered ns herein ]n'nyhied. droll eonsli1 ale valid and legally biIIdiI1 general obligations of the St 11 . „I. California. and the full faith and credit of the Slate of California is hereby pledged for the punctual payment of both principal and interest thereon. There shall be collected annually- 0a the same manlier and at the sane time as otter stale revenue is collected such a sun, in addition to the ordinary revenues of the stale. as shall be required. to pay the principal and interest on said bonds as herein provided, and it is hereby made the duty Of all adheres charged by lily with any duty- in regard to the eolleetiot of said revenue, to do and perform each ;(lid every act which shall be necessary to collect said additional sum. All 111011ey deposited in the rood .rhieh has been derived from pre - mitnna and accrued interest on hood sold shall be available for transfer to the General P117111 as a credit to expenditures for bond interest. 13978. All money deposited in the fund pursuant to any provision of law requiring repayments to th^ slaty for assistance Nuanced by the proceeds of the bonds authorized by this ('haply shall b travail: Ib e for transfer to the General Fund. When transferred to the such money shall he applied as a reimbursement to the General Fund on account of principal and interest on the bonds %vhicit has been paid from the General Fund. — 67 — 13979. 'There is hereby appropriated from the general Fund in the State Treasury for the purpose of this chapter such an aunou111. as will equal the following (a) Such sum annually as will he necessary lo pay the principal of and the interest on the bonds issued and sold pursuant to the provi- sions of this chapter, as said principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 1398(1, which sum is appropriated without regard to fiscal years. 13980. For Ihe purpose of carrying out the provisions of this chap- ter, the Director of Finance may by executive order authorize the withdrawal from the General Fetid of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution antho-ized to be sold for the purpose of carrying out this chapter. Any :amounts withdrawn shall be deposited in the fund and shall be disbursed by the board in accordance with this chapter. Any moneys monde available under this section to the board shall be returned' by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. 13981. Upon request of the beard, supported by a statement of the proposed arrangements to be made pursuant to Section 13976 for the purposes therein staled. the committee shall determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter in order to male such arrangements, and, if so, the amount of bonds thco In be issued and sold Successive issues Of bonds may it be 831 - thorized and sold to snake such arrangements protrressively, not be Heressla•y Hint, all of the bonds herein authorized to bc issued shall be sold at any one time 13962. The eon aiften may authorize the State Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Stale 'Treasurer. 13983. All proceeds from the sale of bonds, except those derived from premiums and accrued interest. shall be available for_the purpose provided in Section 13976. but shall not. be available for transfer to the General Fand to pay principal and interest on bonds. The money in the fund may be expended only as herein provided. CHAPTER 14. CLEAN WA'rult BOND Law or 1974 * Article 1. Shot Tilly, Legislative Definitions Declarations, and General 13985. This eluapit r may be cited as the Clean Water 13ond Law of 1974. 13946. The Legislature hereby finds and declares that clean water, which fosters the health of the people, the beauty of (heir environment, the expansion of industry and agriculture, the enhancement of fish and wildlife. the improvement of recreational facilities and the provision of pure drinking wader at a reasonable cost, is an essential public need. Although the State of California is endowed with abundant lakes and • Approved Ity voters. Jude 9, :97 t I'riniary Election -58 ponds, streams and rivers. and hundreds of miles of shoreline, as wcell as large quantities of underground water, these east water resources are threatened by .pollution, Which- if not. checked, will impede the slate's economic, emnnntnity and social growth. The chief cause of pol- lution is the discharge. of inadequately treated waste into the waters of the state. Malty piddle age nei s have not met the demands for adequate waste treatment or the control of water pnllution because, of inadequate on financial resources and other responsibilities. I 1,r asing popul water accompanied by accelerating urbanization, g' of high quality-, rising costs of cmtslruclion and technological changes 11 8118 available sfor .it11tie afrnk a Ne ling dts h isse yo proper purpose of the federal, state and loyal governments. Local agencies. by ....ason of their closeness to the problem, should continue to have pri- . -.ry responsilrilil■ for coast root ion. operation ac.l maintenance of the i lilies necessary In cleanse our waters. Since water pollution knows no political boundaries and Sure Ill. cost of eliminating the existing backlog- of needed facilities and of Inovirling additional facilities for future needs svifl be beyond the nbilily of 10e11 agencies to pay, the state, to meet its responsibility lo proles 1. and promote the health. safety and welfare of 1he inhabitants of the slate, should assist in the financing. The federal government is contribution to the cost of control of stater pollution. and luSt pmvisinn should he 1118(11, to cooperate with the foiled Stales of Americo. II. is the t t of his the pier to oupee the necessary funds to insure the full participation provisions of -Filly 11 of the Federal AVoter Pollution Control Act (33 11.S.0 1251 el seq) and nets. ant'nd story thereof or supplementary thereto. 139.87. The Slate (leneval t'h'en itinn' loot L.tvv is adopted for the purpose of the issuance. side, and t I �m cot of. and othervvise provid- ing with respect to, the bonds authors 11 lu 1 e issued by this chapter. and the provisions of that I:nr are in. 111,10(1 in iii Iles :nulinter n vst l' though set 001 in full in this chapter csecld t the Slate ('mere' Obligation 1)ond Lac ., :drawn rafts, bonds rs thotrized f erenn et shall 'lea- such rates of 1111 rest, ' ; roni to time he fixed by the Stale 'Freers tear, with the approval of the com- mitler. and the maximum maturity or he bds exceed ti50 years from the dale of the bonds. r series. The maturity of curb respected , rirs 511011 be calculated from the date of such series. 13988. As used in this chapter, and for Ihr purposes of this chapter as used in the State ("'in'ral ()litigation l',ml Low, the following words shall have the following meanings: (a) "Committee" means the ('le.it AVater Finance emumittec, created by Section 13989. (b) "Board" means the State 1F t.•1 Lesources Control Board. (el "Fund" me:ms the Stale Clean - vAstir 1''und. (d) "Illimicipmlity" shall have the asamm_e let n2in 1 sin then ederal Water Pollution Control Act (33 11. fora- thereof or supplementary thereto and shall also include the state or any agency or department thereon'. .-59— (e) "Treatment works" shall have the saute meaning as in the F.slcral ACatm- Pollution Control Act (33 U.S.C. 1'2_51 et seq.) and nets lunendatot>' thereof or supplementary thereto. (f) "Construction-' shall have the stun' meaning as in the Federal Water Pollution (control Act (33 U.S.(.. 1251 et seq.) and acts amenda- tory thereof or supplementary thereto. (g) ' l ligible project" means a project for the construction of treat - metl. ttotl,s Which is all of the following: nhe(lryt• air not. federal Funds are (1) Eligible Inc federal assistance. then available therefor; (2) Necessary to prevent valet. pollution; (3) Certified by the hoard as entitled to priority over other treat- ment works. and vvhielt complies wit'' applicable water finality stand- ards, policies and plas. (h) "Federal assist:met!" 11.1118 funds available o Iola nfuiii ipalot. either'lirerlly or through tilloent inn by the state, - ernment. as grants for constrmtion of treatment woks, pursuant. to 'title I I of the Federal AVater Pollution t'.ontrol Act. until acts amenda- torythereof. 139±19. The Clean AVater Finance Committee is hereby created. 'l'he enntntittee shall consist of the GoKls or his leignated tt Hie Stale Controller, Iha S at as-r (i of 1 inanceaud the chairman of the board. The executive officer of the hoard shall servo as a nu n'ber of the enntmiitee in the absence of the c}airnuul. Said committee shall he the "committee" as that term is used in the State General Obligation loud Law. 13990. The committee is hereby authorized tind empowered to create a debt or debts, liability or liabilities of the Slate of California, in the aggregate amount of two hundred fill` timlhodtbllclarse( 2 0.00ilit00). in the manner provide,' In this chapter. li ❑bilites, shall he created a for the purpose of providing the fund to he used for the object and work spa ifu t in Section 13991. 13991. (al The nlonev, ut ib, tine,' Shall he used for the purposes set forth in tli is section. (h) The hoard is :u thorized to enter into btcontracts itlinmuin'i III ties having authority to construct. operate works, for grants to such municipalities to aid in the constrtmtiot of eligible projects, and for rcelanlal'011 of water. 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The specific provisions of this Section are necessary and proper to conserve water resources and minimize cost to the District and expense to its customer associated with the loss of water supply sources. WATER CONSERVATION STAGES 3.4.2 Water Waste Prohibited. No water user shall waste water or make, cause, or permit the use of water for any purpose contrary to any provision of this Section, or in quantities in excess of the use permitted by the conservation stage in effect pursuant to this Section. The conservation stage shall be determined by the General Manager with regard to supply and demand of available water supplies, except that the Board shall determine any conservation stage more restrictive than Stage 3. 3.4.3 Stage 1 - Normal Conditions. During a Stage 1 - normal conditions, when there is an adequate water supply, Water Users shall not waste ~vater and abide by the following: a) Water Users shall not allow water to flow from their property onto impervious surfaces or adjacent property. b) Water Users shall repair all leaks in plumbing and irrigation systems. c) Hoses shall not be used for washing motor vehicles without a shut-off nozzle attached to the hose. Continuous discharge from hose nozzle is prohibited. Notwithstanding any provision in this Section to the contrary, motor vehicles washing may be done at any time, subject to any other applicable laws, on the property ofa commemial car wash or service station. Further, such washing is exempted from these regulations where the health, safety and welfare of the public is dependent upon frequent vehicle cleanings, such as garbage trucks and vehicles which transport food. d) All Water Users are encouraged to report to the District all signs or indications of water leaks or water waste. e) The use of water to irrigate non-landscaped, natural vegetation or undeveloped property is prohibited unless necessitated by fire prevention considerations in cases of severe tim danger. 3.4.4 Stage 2 - Minor Water Supply Shortage. During a Stage 2 - minor water supply shortage, Stage 1 restrictions apply, and also the following shall apply: a) Designated irrigation days shall be established which require houses whose street addresses end with an even number to irrigate on even-numbered weekdays of the month; and require houses whose street address end with an odd number to irrigate on odd numbered weekdays of the month. In months of more than thirty (30) days, no irrigation shall be permitted on the thirty-first (31 st) day. An exemption shall exist under Stage 2 restrictions for new lawns planted within thirty (30) days of commencement of Stage 2, or to comply with Tahoe Regional Protection Agency's revegetation requirements and/or Best Management Practices on new construction or remodels, except that the Board may permit extended hours of irrigation of public facilities pursuant to Section 3.4.16, provided, irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at anytime if: 1) a hand-held hose is used, or 2) a hand-held, faucet filled bucket of five (5) gallons or less is used, or 3) a drip or soaker-type irrigation system is used. b) Water shall not be used to wash sidewalks, driveways, parking areas, tennis courts, decks, patios or other improved areas, except in conjunction with driveway repair and sealing, or to alleviate immediate fire or sanitation hazards. c) All commemial establishments where food or beverages are provided shall serve water to their customers only when specifically requested by the customer. 3.4.5 Stage 3 - Severe Water Suppll~ Shortage. During a Stage 3 - severe water shortage, Stages 1 and 2 restrictions shall apply, and also the following shall apply: a) Irrigation is prohibited on weekends. The Board may permit an exemption for public facilities pursuant to Section 3.4.16. b) The filling with water of outdoor swimming pools which are not covered during periods of non-use is prohibited. c) The operation of any ornamental fountain or similar decorative water structure is prohibited unless a recycling system is used and a notice to the public of such recycling system is prominently displayed. 3.4.6 Stage 4 - Critical Water Supply Shortage. During Stage 4 - Critical Water supply shortage, Stages 1, 2, and 3 restrictions apply, and the Board may designate specific areas for further restrictions as follows: a) Outdoor irrigation of all vegetation including lawns and landscaping is limited to once per week, except more frequent irrigation of public facilities may be permitted pursuant to Section 3.4.16. b) No water shall be used for irrigating landscaping for new construction. c) Use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and welfare of the community, as determined by the District or other government entity with appropriate jurisdiction. 3.4.7 Stage $ - Water Emergency. During a Stage 5 - Water shortage emergency, Stages 1, 2, 3, and 4 restrictions apply and the Board may designate specific areas for further restrictions as follows: a) The use of water for other than domestic and commercial use is prohibited except irrigation ofpublic facilities may be permitted pursuant to Section 3.4.16. b) The use of water for dust or dirt control, grading and road construction purposes is prohibited. c) The use of water for flushing of fire hydrants, except for emergency purposes, as determined by the District or other government entity with appropriate jurisdiction, is prohibited. d) The use of water for air conditioning purposes, where an alternate soume of fresh air is available, is prohibited. ENFORCEMENT 3.4.8 Enforcement. The General Manager, and other District authorized representatives have the duty and are authorized to enfome all provisions of this Section 3.4. 3.4.9 First Violation. For a first violation within one year, the District shall issue a written warning to the Water User. 3.4.10 Second Violation. For a second violation within one year, a fine of $100 shall be added to the Water User's bill at the property ~vhere the violation occurred. 3.4.11 Third Violation. For a third violation within one year, a fine of $200 shall be added to the Water User's bill at the property where the violation occurred. In addition to the fine, the Board or the General Manager may require installation of a flow-restricting device on the Water User's service connection. 3.4.12 Fourth Violation. For a fourth and any additional violations within one year, a fine of $500 shall be added to the Water User's bill at the property where the violation occurred and the District may discontinue the Water User's water service at the property where the violation occurred in accordance with District procedures. Re-connection shall be permitted only when there is reasonable protection against future violations such as a flow-restricting device on the customer's service connection as determined in the District's discretion. 3.4.13 District Enforcement Costs. District shall be reimbursed for its costs and expenses in enforcing the provisions of this Section 3.4, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms of this Section. Charges for installation of flow-restricting devices or for discontinuing or restoring water service, as those charges are incurred by the District, shall be added to the Water User's bill at the property where the enforcement costs were incurred. ADMINISTRATION 3.4.14 General The provisions of this Section 3.4 shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more MAKE RY DROP OF WATER COUNT water is a very and there is This a with Tah6~ public Utility serve water 130219.ReachOuESa'~eH20.3x8 5/2/00 7:37 Notice of Water Restrictions Effective June As a result of MTBE conZamination of groundwater, the South Tahoe Public Utility District has been forced to discontinue use of a substantial number of the District's drinking water wells. The ability of the District to meet the water needs of our customers has been impaired and it is necessary to impose water use restrictions, effective June 1. Violations of the following restrictions can result in fines of up to $500 and water service shut off [Ord. No. ~14i9-99] Water users shall not allow water to flow from their property onto impervious surfaces or adjacent property. 2. Water users shall repair a eaks n p umb ng n~d irrigation x.v'stet~:s. Hoses shall not be used for washing motor vehic!es without a shi~t-off ~ozzle a[tached t,> the hose. Continuous discharge from hose nozz!e is prohibiteci. Notwithstanding provision in this Section to the contrary, motor vehicles washing ma}, be done at ac.~ time. subject to any othel applicable iaws. on the premise,3 of a con~merciat car wash or service station. Further, such washing is exempted from these regulaticns Where the health, safety ano welfare of the public is dependent upon frequent vehic!e cleamngs such as garbage ' trucks and vehicles which transport food. 'Fhe use of water to irrigate non-landscaped, natural vegetation m undeveloped prope,~ty is prohibited unless necessitated by fire prevention considerations in cases of severe fire danger. Lawn and landscape irrigation shall be permitted between 7:00 p.m. and 7:00 a.m. only, except ir'or lawns planted within thirty (30) days of commencement of Stage 2 [June I, 1999], provided, irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at anytime if: a. a hand-held hose is used, or b. a hand-held, faucet filled bucket of five (5) gallons or less is used. or c. A drip or soaker-type irrigation system is used. Water shall not be used to wash side alks driveways parking areas tennis courts patios or other paved areas, except to alleviate immediate fire or sanitation hazards. All commercial establishments where food or beverages are provided shall serve waler to their customers only when specifically requested by the customer. 544-6474 A' NTION South Tahoe Public Utility District water restrictions are in effect. Violators are subject to fines up to $500 and water service shut-off, lord. No. 469-99] The following water restriction violation was observed at this property during Stage __1 __2 __3 4 5: Stage 1 - Normal Conditions [] Water flowing from property [] Leak(s) in plumbing and/or irrigation systems [] Improper washing of motor vehicle [] Irrigating non-landscaped, natural vegetation or undeveloped property Stage 2 - Minor Water Supply Shortage (Stage 1 restrictions also apply) [] Watering lawn/landscape between 7 a.m. and 7 p.m. [] Serving water to customers prior to request (commercial establishments) [] Washing sidewalk, driveway, patio or other paved area. Stage 3 - Severe Water Supply Shortage (Stage 1 & 2 restrictions also apply) [] Irrigating on weekend [] Irrigating on improper day (odd/even address system) [] Filling outdoor swimming pool which is not covered during non-use [] Operating ornamental fountain or water structure without recycling Stage 4 - Critical Water Supply Shortage (Stage 1, 2 & 3 restrictions also apply) [] Irrigating more than once a week [] Irrigating new construction [] Using fire hydrants improperly Stage 5 - Water Emergency [] Using water for other than domestic or commercial use Propertyaddress Name of issuing agent Date ~ontrol # WATER CONSERVATION - SUMMER 2000 A COMMUNITY PROJECT With MTBE contamination of groundwater wells an ongoing challenge to the District, water conservation becomes critical as the busy summer season approaches. The District's water conservation relies largely on our customer's prudent use of water. Water is a precious commodi .ty~ especially in the arid west. With 12 of our 34 wells out of service it becomes necessary for the community to use this resource wisely and not necessitate the imposition of mandatory water use restrictions. The decision to impose water use restrictions is based entirely upon community, water use. and how close that use comes to exceeding the capability of our system to produce enough water to meet those needs. By voluntarily obse,,wing common sense water use guidelines we may avoid the imposition of water restrictions that are unwanted by us all. The city, of South Lake Tahoe is, historically, a "can do" community, especially when given a specific challenge and a means to achieve it. Please take a moment to read the following simple guidelines that may spare us all the inconvenience that mandatory restrictions require: Set your sprinklers to water on odd/even days based on your street address. If your timer does not have that capability, use the following formula: · Odd address: Even address: · Sunday: Water Mon-Wed-Fri Water Tues-Thurs-Sat Water Tank Catch-Up Day The goal is to have only 50% of our customers watering on any given day. Irrigation alone doubles our water needs every, summer. Water savings potential here is great. Don't double watering duration times to compensate for every other day watering. Tahoe soils have limited water holding capacity and extended watering wastes water. Water only landscaped areas. Watering non-landscaped native vegetation only increases fire concerns later in the fall. The plants will grow taller before they naturally die in the fall providing a greater fuel source. Use automatic shut-offnozzles on all hoses. B R 0 W N ,AND CALDWELL JuIy 18, 1995 Ms. Rhonda McFarlane Finance Officer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 11-45-1955-03 Subject: Cost-Effectiveness of Metering the District's Residential Customers Dear Ms. McFarlane: In accordance with our consulting service agreement, we have analyzed the cost-effectiveness of metering the District's residential customers. The South Tahoe Public Utility District (STPUD) currently serves about 12,540 customers, of which about 11,760 are unmetered residential customers (about 10,790 are single family residential and 970 are multiple family residential). The majority (about 570) of the District's 780 commercial customers are metered. As a consequence of the fact that single family residential customers constitute about 90 percent of the District's unmetered customers, the determination of the cost-effectiveness of metering the District's unmetered customers reduces to the determination of the cost- effectiveness of metering the District's single family residential customers. Based on the calculations set forth below, we have determined that it is not cost-effective to meter single family residential customers. Methodology To determine the cost-effectiveness of metering the District's single family residential customers, it is necessary to: Determine the costs associated with metering a single family residential customer. These costs are assumed to consist of the initial installation cost of a 3/4-inch meter and the annual meter reading and maintenance costs. Ms. Rhonda McFarlane July 17, 1995 Page 2 Determine the likely reduction in water use as a result of metering and the value of the water saved. Determine the cost-effectiveness by: a. The comparing of the net present value (NI?V) of the water saved to NPV of the costs of metering. b. Determining the payback period. c. Determining the internal rate of return (IRR). Cost of Metering The cost associated with metering single family residential customers consist of the initial installation cost of the meter and the annual meter reading and meter maintenance costs. The current average cost of installing a 3/4-inch meter in the South Lake Tahoe area is calculated by escalating the 1994 estimate developed by the Lake Park Association (LPA). In 1994, the LPA estimated the cost of installing a 3/4-inch meter to approximate $1,150. Escalating this cost by 3.5 percent for inflation yields a current estimate of about $1,200. In addition, we have assumed that meter reading costs would approximate $4/year (based on 4 reads) and meter maintenance costs would approximate $6/year (5 percent of the cost of a 3/4-inch meter). The net present value of these costs is calculated as: 25 N£V = 1,200 + __~ 10 ~ -_ (1.03)~ where the discount rate (the real cost of money) is assumed to be 3 percent. The real cost of money (as opposed to the inflation adjusted nominal cost) is used because we have not escalated the annual costs for inflation and, thus, do not use an inflation adjusted discount rate. In addition, we have assumed that the meter has a useful life of 25 years. Based on these assumptions, the NPV is $1,374. 07118P95kE:kL RE~I 955M 95 $- 03kLT R-3,WP 5 QMS-PS410 Ms. Rhonda McFarlane July 17, 1995 Page 3 Amount and Value of Water Savings The amount of water use reductions resulting from metering is difficult to predict because water use depends on a number of factors. Studies which report water use before and after the installation of meters often ignore the impact of the change in other variables impacting water use such as weather and price. For example, if the weather in the period prior to installing meters is cool and wet and becomes hot and dry in the period after meter installation, the full impact of metering is likely to masked by the impact of weather. Similarly, the type of rate structure after metering could have a significant impact on water use. If a significant portion of costs are still collected by a high fixed quarterly service charge (and a correspondingly low quantity charge), the impact of metering is likely to be less than if a significant portion of costs are recovered via a relatively high quantity charge (and a correspondingly low fixed charge). The most comprehensive studies on the impact of metering have been conducted in the City of Denver where the city's residential customers have been metered over the course of about 20 years (see attached Table 6-1 from a study by Brown and Caldwell conducted for the Department of Housing and Urban Development (HUD). The results of this study indicate that the best estimate of the reduction in long-term average annual water use resulting from the metering of residential customers is 20 percent. This is the amount we used in the STPUD Rate Study (June 1995). That is, we assumed that annual use by single family residential customers would decrease from 121.97 Ccf to 97.58 Ccf (an annual reduction of 24.39 Ccf). The value of this saving depends on the rate structure adopted. If the District adopted rate scenario 2 (see table on page 5-17 of the STPUD Rate Study), the quantity charge for FY 1995/96 would be $1.85/Ccf. It' the District adopted scenario 4, the quantity charge would be $1.56 Ccf. Assuming the District staff adopts rate scenario 4, the annual saving would be $38.05 (24.39 Ccf x $1.56/Ccf). Again, the net present value of these annual savings is calculated as: 25 NPV = __~ 38.05 ~ ~ (1.03)~ Based on the above calculation, the NPV is $662.54. Ms. Rhonda McFarlane July 17, 1995 Page 4 Determination of Cost-Effectiveness of Metering The NPV calculations presented above indicate that the investment in metering is not cost- effective. That is, the net present value of the cost of metering ($1,374) is more than double the net present value of the benefits of metering ($663). Another way to measure the cost-effectiveness of metering is to calculate the payback period. The simple payback period (undiscounted) is determined by dividing the initial cost of metering ($1,200 for a 3/4-inch meter) by the net annual savings of $28.05 ($38.05 less $10 in annual metering costs). The simple payback period is 42.8 years. Because the average California residential dwelling unit changes hands every 7 years, a payback period of 43 years is not acceptable. It may, in fact, be in excess of the life expectancy of the average homeowner and certainly the average life of the meter. Another method for determining cost-effectiveness of metering is to calculate the internal rate of return (IRR) and compare, this return to the return an unmetered customer could receive by investing in an alternative investment. Any customer contemplating the purchase of a meter would obviously know that he or she could alternatively invest the $1,200 in a 25-year U.S. government bond currently yielding 6.6 percent. Therefore, before installing a meter, a customer would have to be certain that they would receive a return of at least 6.6 percent and may want a higher return (e.g., equal to the alternatives of paying back credit card debt, investing in mutual funds, etc.). The real IRR is calculated as: 25 $1,2oo = (38.05 - lO.OO) ~ = ~ (1 + IRR)~ Because the annual net saving is so low ($28.05), there is no value of IRR which solves the above equation. That is, if $28.05 is received each year for 25 years, the total received is only $701.25 (25 x $28.05). If we calculate the IRR over 50 years as: $1,200 = =~. 28.05 ~= (1 + IRR)i Ms. Rhonda McFarlane July 17, 1995 Page 5 The real IRR over 50 years is 0.63 percent. The nominal IRR is equal to the real IRR plus expected inflation level. Therefore, the nominal IRR is equal to 4.13 percent (0.63 plus expected annual inflation of 3.5 percent). This is the value (the nominal value) which must be compared to investment alternatives. This value is, of course, significantly less than that which could be received from a riskless treasury bond and, thus, the investment in a water meter would not be cost-effective. Summary As can be concluded from the above analysis, unless the cost of a meter decreases significantly, the amount of water saved increases, or the value (cost) of water increases significantly, metering is not even close to being cost-effective in the STPUD service area. If you have any questions or comments concerning this analysis, please call me at (510) 210-2202. Sincerely, BROWN AND CALDWELL M/~arvin~Z~iner~/'''~q~'' Chief Economist MW:ira WATER USE, gallons /day /dwelling unit 1,800 1,600 1,400 1,200 1,000 800 600 400 200 0 6 -2 1 1 I I 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 I LEGEND: - UNMETERED CUSTOMERS METERED CUSTOMERS A 1% % i \ t ■ 1 — 1 \\ i 1 t 1 1 1 1 1 1 1 A 1 1 i 1 \\ 1 1 — " 1 1 1l ; I 1 �1 1 1 ` 1 1 / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D 1980 1981 1982 Figure 6 -1 Average Daily Water Use -- Denver Metering Study 1 Action 6.b Payment of Claims FOR APPROVAL August 1, 2002 Payroll 07/24/02 Total Payroll 279,794.84 $ 279,794.84 Cost Containment - health care payments IGI Resources - natural gas LaSalle Natl Bank - loan payment Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self-funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable 27,088.77 12,664.60 O00 $ 39,753.37 181,766.96 122,519.97 0.00 25,444.33 $ 329,731.26 $ 649,279.47 Grand To~l Payroll EFTs & Checks 07/24/02 EFT EFT EFT EFT EFT EFT EFT CHK EFT EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal-Employment Taxes & W/H Hadford Deferred Comp ManuLife Pension ManuLife Pension Loan Payments Orchard Trust Deferred Comp Stationary Engineers Union Dues United Way Contributions Employee Direct Deposits Employee Paychecks Adjustments Sub-total 1,149.12 11,429.72 66,857.94 1,484.99 22,835.82 6,077.97 12,296.11 1,412.49 77.18 126,574.09 29,599.41 0.00 $ 2 79, 794.84 Paymem of Claims wb3 24-Jul-02 canoe r . u . u . Ut /C4.uc r R Y n t ry I u E U L A 1 M 5 K L Y U M I 0/ /1'I/2VU2- 08/01/2002 Page 1 WED, JUL 24, 2002, 4:42 PM - - -req: DOUGLAS- - -leg: GL JL - -loc: ONSITE- -- - -jub: 253492 4J4296 -- --prog: CK509 <1.07) -- report id: CKRECSPC Default Selection: Check Stock ID: AP Check Types: MW,HW,RV,VH Vendor Name Account ft Department A C iJ A SERVICES CORP (ASO) Description Amount Check 4 Type 10-00-2530 GENERAL & ADMINISTRATION EMPLOYEE VISION INS A P G ANALYTICAL PRODUCT GROUP 20-07-4740 LABORATORY 10 -07 -6110 LABORATORY A -1 CHEMICAL INC AFLAC ALPINE METALS ARAI°IARK UNIFORM SERVICES 10 -00 -0422 GENERAL & ADMINISTRATION 10 -00 -0421 GENERAL & ADMINISTRATION 10 -00 -2532 GENERAL & ADMINISTRATION 10 -00- -2538 GENERAL 5 ADMINISTRATION 2,295.48 Check Total: 2,295.48 00050688 MW LABORATORY SUPPLIES MONITORING Check Total: JANITORIAL SUPPLIES INVENTOR SHOP SUPPLY INVENTORY Check Total: INSURANCE SUPPLEMENT AFLAC FEE DEDUCTION Check Total. 68.00 30.00 90.00 00050689 MW 331 08 149.76 480.84 00050690 1,040 22 125.00 1,165.22 00050691 MW 10 -04- -7432 HEAVY MAINTENANCE: DIESEL TANK LINES ABOVE GROU 1,791.08 Check Total: 1,791.08 00050692 MW 10-00-2518 GENERAL )"_{ ADMINISTRATI 1 P1 UNIFORM/RUGS/TOWELS PAYABLE 900,07 Check Total: 908.07 00050693 MW AVAYA FIN,NC IAL. SERVICES 10 -39 -6709 FINANCE 20 -39 -6710 FINANCE 11 0 5 H DENEPIT 0221 GNS 10 -22 -4405 HUMAN RESOURCES 20-22-4405 HUMAN RESOURCES DIRECTOR LOAN PRINCIPAL PAYMENTS INTEREST EXPENSE Check Total: CONTRACIVAL SERVICES CONTRACTUAL SERVICES Check Total: BAY TOOL & SUPPLY INC 10-00-0423 GENERAL 5 ADMINISTRATION SMALL TOOLS INVENTORY 10-00-0421 GENERAL & ADMINISTRATION SHOP SUPPLY INVENTORY Check Total. BERRY - HINCKLEY INDUSTRIES 0110 MATERIALS BIOMER IEX -VITEK BOGER, KEITH 10 -00 -0415 GENERAL & ADMINISTRATION 10 -28 -6042 A FLN2 COUNTY 20 -01 -6052 UNDERGROUND REPAIR 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY 10 -06 -6200 OPERATIONS BROWN & CALDWELL CONSULTANTS 20 -38 -4476 CUSTOMER SERVICE 621.03 48.95 689.98 00050694 MW 750 00 500.00 1,250.00 00050695 MW 359.37 234.75 594.12 00050696 MW GASOLINE INVENTORY 2,099 96 Check Total: 2,099.96 00050697 MW 000014(18 ?: MANN 721LANCE PIPE, COVERS, MANHOLES Check Total: LABORATORY .SUPPLIES LABORATORY SUPPLIES Check Total: 2,404.37 3,470.03 5,674 40 00050698 MW 119.26 79.51 195.77 00050699 MW TRA'JEL /MEETINGS /EDUCATION 30.00 Check Total: 30.00 00050700 MW LEGAL LITIGATION CONFIDERITIA 2,436.00 Check Total: 2,436.00 00050701 MW ouucn fanue r . V . u . Ui /C9 /VC r A Y PI s IV 1 U r G L A 1 8 5 K t Y u K I U / /1Y /2002- 03/01/2002 Page 2 WED, JUL 24, 2002, 4:42 PM --red: DOUGLAS---leg: GL JL - -loc: ONSITE - - -- -job: 253492 4J4296 -- -prop: CK509 <1.075 -- report id: CKRECSPC Default Selection: Chock Stock ID: AP Vendor Name BROWN TRAINING, HARRY C S R M A C W E A CALIF BOARD OF EQUALIZATION Check Types: MW, NW, RV, VH Account 4 Department 80 -02 -6200 PUMPS Derr. ription 10 -00 -0301 GENERAL & ADMINISTRATION 20 -00 -0301 GENERAL 7 ADMINISTRATION 10 -00 -4510 GENERAL 7 ADMINISTRATION 2.0 -00 -4510 GENERAL 7 ADMINISTRATION 10-0 6250 LABORATORY 10 -01 -6052 10 -00 -0421 10 -02 -6051 10-07 -4760 20 -07 -4760 20-29-8290 10-39-4E20 2220 -39 -4820 20-02- -6200 10 -07 -6025 20 -07 -6025 10 -38 -4820 20 -38 -4820 10 -29 -4820 20-29-4820 20 -19 -4820 10-00-0422 10 -00 -0423 10 -00 -6520 20 -00 -6520 10 -06 -6021. 20- -01 -7033 10`28 -6042 10 -06 -8220 1.0 -06 -6075 20 -01 -6052 10 - -28 -6075 10 -04 -6042 10 -04 -6071 20 -01-7435 10 -03 -6049 10 -06 -8112 10 -37 -4840 20 -37 -4840 UNDERGROUND REPAIR GENERAL 1, ADMINISTRATION PUMPS LABORATORY LABORATORY ENGINEERING FINANCE FINANCE RUMPS LABORATORY LABORATORY CUSTOMER SERVICE CUSTOMER SERVICE ENGINEERING ENGINEERIM.IG- BOARD OF DIRECTORS GENERAL & ADMINISTRATION GENERAL & ADMINISTRATION GENERAL 7 ADMINISTRATION GENERAL 7 ADMINISTRATION OPERATIONS UNDERGROUND REPAIR ALPINE COUNTY OPERATIONIS OPERATIONS UNDERGROUND REPAIR ALPINE COUNTY HEAVY MAINTENANCE HEAVY MAINTENANCE UNDERGROUND REPAIR ELECTRICAL SHOP OPERATIONS INFORMATION SYSTEMS INFORMATION SYSTEMS CALIF BOARD OF EQUALIZATION 10-39-6520 FINANCE 20 -39 -6520 FINANCE Amount Check 4 Type TRAVEL/MEETINGS/EDUCATION Check Total: INSURANCE PREPAID INSURANCE. PREPAID INSURANCE EXPENSE INSURANCE EXPENSE Check Total: DUES /MEMBERSHIPS /CERTIFICATI Check Total: PIPE, COVERS, 7 MANHOLES SHOP SUPPLY INVE:NTOR`i PUMP STATIONS LABORATORY SUPPLIES LABORATORY SUPPLIES TREATMENT, ARROWHEAD NL 43 OFFICE SUPPLIES OFFICE SUPPLIES TRAVEL/MEETINGS/EDUCATION LABORATORY EQUIPMENT LABORATORY EQUIPMENT OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES ,JANITORIAL- SUPPLIES INVENTOR SMALL TOOLS IN'UENTORY SUPPLIES SUPPLIES PRIMARY EQUIPMENT ROTARY SNOW BLOWER -USED GROUNDS 7 MAINTENANCE REPLACE 92S METER SAFETY EQUIPMENT /PHYSICALS PIPE, COVERS, 7 MANHOLES SAFETY EQUIPMENIT /PHYSICALS GROUNDS &. MAINTENANCE -SHOP SUPPLIES LINE LOCATER -U /R LUTHER PASS PUMP STATION CONTINUOUS EMISSIONS MNTRNG DISTRICT COMPUTER SUPPLIES DISTRICT COMPUTER SUPPLIES Check Total: SUPPLIES SUPPLIES 1,500.00 1,500.00 00050702 MW 23,039.78 15,359.86 862.93 575.29 39,837.66 00050703 MW 70.00 70.00 00050704 MW 42.63 21.93 14.50 97.11 65.53 41.41 4..08 4.08 33.06 19.41 12.96 8.65 5.77 11.74 7.55 4.20 52.91 10.03 11.93 11.94 29.75 381.71 230.38 616.61 28.46 22.19 6.05 102.47 26.84 78.30 171.71 701.44 49.06 32.71 2,979.65 00050708 MW 18.00 12.00 Doer WED, UL 24, 2002, vrrrY /vc rm.= ry 4:42 PM - -req: DOUGLAS -- -leg: GL U r 1. L R 1m 5 H L Y U K 1 0 / /1Y /c)UC- Utl /UI /2UU2 Page 3 JL--loc: ONSITE - - -- -,job: 253492 #J4296-- -prog: CK509 <1.07> -- report id: CKRECSPC Default Selection: Check Stock ID: AP Check Types MW ,HW, RV, VH Vendor Name Account # Department CALIF DEPT OF HEALTH SERVICES 10 -38 -6250 CUSTOMER SERVICE 20 -38- -6250 CUSTOMER SERVICE CALIF DEPT OF HOUSING CALIFORNIA OVERNIGHT CALL -I AN ,.JERALEE CANADA LIFE Description 90 - -98 -8828 EXPORT PIPELINE GRANT 10 -29 -8235 ENGINEERING 10-07-4810 LABORATORY 20- -07 -4810 LABORATORY 10 -21 -6200 ADMINISTRATION 20 - -21 -6200 ADMINISTRATION 10-00-2539 GENERAL & ADMINISTRATION 10 -22 -4314 HUMAN RESOURCES 20-22-4314 HUMAN RESOURCES DIRECTOR CARBON ACTIVATED CORPORATION 10 -06 -4740 OPERATIONS COBRA PRO COLE -PARMER INSTRUMENT CO DAVI LABORATORIES DEIIEO, LOUIE Check Total: Vendor Total: DUES /MEMBERSHIPS /CERTIF10 ATI DUES /MEMBERSHIPS /CERTIFICATI Check Total: BLINE PHS III LPPS- CAMPGROUN Check Total: SLUDGE HANDLING FACILITY POSTAGE EXPENSES POSTAGE EXPENSES k Total: TRAVEL /MEETINGS /EDUCATION TRAVEL /MEETINGS /EDUCATION Check Total: LONG TERN DISABILITY, LONG TERM DISABILITY, LONG TERM DISABILITY, Check CARBON 10 --22 -4405 HUMAN RESOURCES CONTRACTUAL. 20 -22 -4405 HUMAN RESOURCES DIRECTOR CONTRACTUAL 10 -07- 4760 LABORATORY 20 -07 -4760 LABORATORY 20 -07-6110 LABORATORY 10 -00- -2002 GENERAL & ADMINISTRAT.ION 10 -39 -6710 FINANCE DIONEX CORP 10 -07 -6200 LABORATORY LABORATORY LABORATORY MONITORING UNION UNION UNION Total: Check Iota SERVICES SERVICES Check Total: SUPPLIES SUPPLIES Check Total: Check To. 1: UTILITY BILLING SUSPENSE INTEREST EXPENSE Check Total: TRAVEL /MEETINGS /EDUCATION Amount Check # Type 30.00 00050709 MW 3,009.65 457.70 305.13 762.83 00050710 MW 17.00 00050711 MW 13.50 13.00 34.00 60.50 00050712 MW 17.30 11.54 28.84 00050713 MW 00050714 MW 10,271.87 00050715 MW 34.00 16.00 40.00 00050716 MW 00050717 MW 17.00 2,557.00 12.61 8.40 2,578.01 10, 271.87 70.75 47.18 117.93 1,174 00 1,176.00 00050718 MW 4,699.16 140.98 4,840.34 00050719 MW 375.00 tJUGFI 'shoe r.D.D. rMY1151\11 U r ULA 1 11 5 1151,UHI 07/19/2002-00/01/2002 Page 4 WED, JUL 24, 2002, 4:42 PM --req: DOUGLAS-leg: GL JL--loc: ONSITE----job: 253492 #J4296---prog: CK509 (1.07)--report id: CKRECSPC Default SeiPction: Check Stock ID: AP Check Types: MW,HW,RV,VM Vender Name DOUGLAS RADIATOR Account 4 Department Description Amount Check Type 20-07-6200 LABORATORY TRAVEL/MEETINGS/EDUCATION 250.00 Check Total: 625.00 00050721 MW 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE 144.12 20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE 144.11 Check Total: 290.23 00050722 MW EL DORADO COUNTY 10-06-6650 OPERATIONS EN POINTE TECHNOLOGIES 10-37-4840 INFORMATION SYSTEMS 20-37-4640 INFORMATION SYSTEMS 20-07-6110 LABORATORY 20-07-4760 LABORATORY 10-07-4760 LABORATORY F 4 L ENVIRONMENTAL FISHER SCIENTIFIC 1; 0 C SCIENTIFIC EOUTP.INC G 9 CONCEPTS GRADY CO INC, KEN GRAINGER INC, W. W. 10-07-4760 LABORATORY 20-07-4760 LABORATORY 20-01-LS246 UNDERGROUND REPAIR 20-03-6050 ELECTRICAL SHOP 10-04-6041 HEAVY MAINTENANCE 10-00-0421 GENERAL ADMINISTRATION OPERATING PERMITS 726.00 Check Total: 726.00 00050723 MW, DISTRICT COMPUTER SUPPLIES DISTRICT COMPUTER SUPPLIES Check Total: MONITORING Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: WTRLN, CARSON ( IN HOUSE) Check Total: WELLS Check Total: BUILDINGS SHOP SUPPLY INVENTORY Check Total: GRATING PACIFIC INC 10-04-6041 HEAVY MAINTENANCE BUILDINGS Check Total: GRAY, MARK 13 20-02-6200 PUMPS TRAVEL/MEETINGS/FDUCAT1mN Check Total: HAEN ENGINEERING 20-25-B264 ENGINEERING WELL GLENWOOD REDRILL Check Total: HERTZ FURNITURE SYSTEMS 10-02-4620 PUMPS OFFICE SUPPLIES 20-02-4620 PUMPS OFFICE SUPPLIES HI-TECH SALES 10-01-4075 UNDERGROUND REPAIR 20-01-6075 UNDERGROUND REPAIR Check Total: 12.87 8.50 21,45 00050724 MW 1,504.00 1,584.00 00050725 MW 305.55 262.29 567.88 00050726 MW 24.00 16.00 40.00 00050727 MW 300.00 300.00 00050728 MW 751.14 751.14 00050729 MW 77.64 309.45 307.09 00050730 MW 742.29 762.25 00050731 MW 129.00 129.00 00050732 MW 700.00 700.00 00050733 MW 625.13 625.13 1,250.26 00050734 MW SAFETY EQUIPMENT/PHYSICALS 214.40 SAFETY EQUIPMENT/PHYSICALS 214.47 ,;,yvtru ,anu 1 .,+.v. W /iCY /VC r 1 f 11 t ot 1 V r L L H 1 '1 b N t Y U II 1 U! /1Y /2V02-Ut1 /U1 /20UC Page 5 WED, JUL 24, 2002, 4:42 PM - -req: DOUGLAS -- --leg: GL JL - -loc: ONSITE--- -,job: 253492 #74296 -- -prog: OK509 <1.07 -- report id: CKRECSPC Default Selection: Check Stock ID: AP Check Types: MW, HW,2,', VH Vendor Name Account .# Department HUGO BONDED LOCKSMITH IDEXX DISTRIBUTION CORP. IMPACT STRATEGIES INTERSTATE SAFETY 5 SUPPLY J °< L PRO KLEENI INC JAMES, GREG LILLY'S TIRE SERVICE INC. MC MASTER CARR SUPPLY CO MC NAMAR, PHIL MEINGORE, JOSEPH MILLTR ONIC9 MORAIDA, CHRIS 10 -02 -6075 20 -02 -6075 10 -04 -6075 10 -38 -6075 20 -38 -6075 PUMPS PUMPS HEAVY MAINTENANCE CUSTOMER SERVICE CUSTOMER SERVICE 20 -38 -6045 CUSTOMER SERVICE 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY 10 -21 -4405 ADMINISTRATION 20 -21 -4405 ADMINISTRATION 10- 00- -0421 GENERA! 5 ADMINISTRATION 10 -00 -0425 GENERAL 5 ADMINISTRATION 10 -39 - -5077 FINANCE 10 -39 -6074 FINANCE 20 -39. -6074 FINANCE 20 -02 -4200 PUMPS 10 -05 -4011 EQUIP 20 -02 -6050 PUMPS 20 -01 -6071 UNDERGROUND REPAIR 10 -01 -6200 UNDERGROUND REPAIR 10- 21- -6621 ADMINISTRATION 20 -21 -6621 ADMINISTRATION 10 -02 -9304 PUMPS 20 -02 -6200 PUMPS °TENT REPAIR Description SAFETY EQUIPMENT /PHYSICALS SAFETY EQUIPMENT /PHYSICALS SAFETY EQUIPMENT /PHYSICALS SAFETY EQUIPMENT /PHYSICALS SAFETY EQUIPMENT /PHYSICALS Check Total: WATER METERS Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: CONTRACTUAL SERVICES CONTRACTUAL SERVICES Check Total: SHOP SUPPLY INVENTORY SAFETY SUPPLIES INVENTORY INVENTORY FREIGHT /DISCOUNTS Check Total: JANITORIAL_ SERVICES JANITORIAL SERVICES Check Total. TRAVEL /MEETINGS /EDUCATION Check Total: AUTOMOTIVE Check Total: WELLS SHOP SUPPLIES Check Total: TRAVEL_ /MEETINGS /EDUCATION Check Total: INCENTIVE 5 RECOGNITION PRGR INCENTIVE & RECOGNITION PRGR Check Total: JOHNSON' PS REBUILD Check Total: TRAVEL /MEETINGS /EDUCATION Amount Check # Type 53..42 53.62 332.44 186.59 124.40 1,179.62 00050735 MW 36 25 36.25 00050736 1,305.14 1,145.47 2,450.61 00050737 MW 1,2.75.66 3,826.94 5,102.62 00050730 MW 760.41 541.82 19.00 1.,321.93 00050739 MW 1,739.20 1,158.80 2,897.00 00050740 MW 129 00 129.00 00050741 MW 515.83 515.83 00050742 NW 1,147.32 126.23 1,273.55 00050743 MW 48.00 48.00 00050744 MW 30.00 20.00 50.00 00050745 MW 2,188.60 2,188.60 00050763 MW 129.00 Check Total: 129.00 00050746 MW ouocu , d n o e r . v . u . viic•rivc r ti x "1 t 14 i U t 6 L Fl 1 11 b H t P U H I U//19/8008- 013/01/2002 Page 6 WED, JUL 24, 2002, 4:42 PM - -req: DOUGLAS -- -leg: GL JL--loc: OMSITE - -- -job: 253492 #J4296-- -prop: CK509 x::1.07 > -- report id: CKRECSPC Default Selection: Check Stock ID: AP C Vendor Name Account # MOU1NTAIN CELLULAR NOLAN, LYNN 10 -21- -6310 20 -21 -6310 10 -38 -6310 20 -38 -6310 10 -02 -6310 20 -02 -6310 10 -01 -6310 20 -01 -6310 10 -29 -6310 20 -29 -6310 10 -27 -6310 20 -27 -6310 10 -07 -6310 20 -07 -6310 10 -05 -6310 20 -05 -6310 10 -0 :3 -6310 20 -03 -6310 10 -28 -6310 10 -39 -6310 20 -39 -6310 90 -98 -8829 10 -28 -8285 10 -39- -4405 OFFICE DEPOT BUSINESS SERV DIV 10 -02 -4820 20-02-4820 10-37-4820 20 -37 -4820 10- 37.4840 20 -37 -4840 20 -03 -4820 10 -27 -6590 20 -127 -6520 PACIFIC BELL PACIFIC DELL /WORLDCOM heck Types: MW, HW,RV,VH Department Description ADMINISTRATION ADMINISTRATION CUSTOMER SERVICE CUSTOMER SERVICE PUMPS PUMPS UNDERGROUND REPAIR UNDERGROUND REPAIR ENGINEERING ENGINEERING DISTRICT INFORMATION DISTRICT INFORMATION LABORATORY LABORATORY EQUIPMENT REPAIR EQUIPMENT REPAIR ELECTRICAIL 3110P ELECTRICAL. SHOP ALPINE COUNTY FINANCE FINANCE EXPORT PIPELINE GRANT ALPINE COUNTY FINANCE PUMPS PUMPS INFORMATION SYSTEMS INFORMATION SYSTEMS INFORMATION SYSTEMS INFORMATION SYSTEMS ELECTRICAL SHOP DISTRICT INFORMATION DISTRICT INFORMATION 20 -00 -6320 GENERAL 1< ADMINISTRATION 10 -00 -6320 GENERAL 1< ADMINISTRATION 10 -00 -6310 10-01 -6310 20 -01 -6310 10 -02 -6310 20 -02 -6310 10 -05 -6310 20 -05 -6310 GENERAL & ADMINISTRATION UNDERGROUND REPAIR UNDERGROUND REPAIR PUMPS PUMPS EQUIPMENT REPAIR EQUIPMENT REPAIR Amount Check # Type TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE Check Total: BLINE PHASE II DIP TO END ALPINE CNTY MASTER PLAN CONTRACTUAL SERVICES Check Total: OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES DISTRICT COMPUTER SUPPLIES DISTRICT COMPUTER SUPPLIES OFFICE SUPPLIES SUPPLIES SUPPLIES Check Total: SIGNAL. CHARGES SIGNAL CHARGES Check Total: TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE 132.47 88.31 12.45 8.30 92.03 102.83 16.80 23.15 76.07 50.71 3.42 2.28 4.72 3.15 2.70 2.69 3.34 17.74 3.23 2.16 651.90 00050747 MW 825.00 135.00 75.00 1,035.00 00050748 MW 134.06 134.05 10.60 7.06 10.72 7 15 80.75 77.21 51.47 513.07 00050749 MW 31.92 248.06 279.98 00050752 MW 864.53 7.05 7.04 45.43 17.85 6.91 6.91 rrvuum la." ua r h r I r L L fri 1 b tItYtirl 0.filvt2002-0H/01/2008 Page 7 wED, JUL 24, 2002, 4:42 PM --Teo: DOUGLAS---leg: OL JL--loc: ONSITE----job: 253492 #J4296---prog: CK509 <1.07:l--report id: CKRECSPC Dpfault Selection: Check Stock ID: AP Check Types: MW,HW,RV,VH Vender Name PARSONS MBA PEGASUS SATELLITE TV INC. PENNER, JEFF PIONEER AMERICAS INC RADIO SHACK RAM PHOTOGRAPHY & VIDEO ROSS, HEATHER RYAN PROCESS INC Account # Department --• Description 10-06-6310 OPERATIONS 10-07-6310 LABORATORY 20-07-6310 LABORATORY 10-21-6310 ADMINISTRATION 20-21-6310 ADMINISTRATION 10-39-6310 FINANCE 20-39-6310 FINANCE 10-22-6310 HUMAN RESOURCES 20-22-6310 HUMAN RESOURCES DIRECTOR 10-37-6310 INFORMATION SYSTEMS 20-37-6310 INFORMATION SYSTEMS 90-98-8828 EXPORT PIPELINE GRANT 10-27-41330 DISTRICT INFORMATION 20-27-4830 DISTRICT INFORMATION 20-02-6200 PUMPS 10-06-4750 OPERATIONS 10-03-6024 ELECTRICAL SHOP 10-37-4820 INFORMATION SYSTEMS 20-37-4820 INFORMATION SYSTEMS 10-21-6621 ADMINISTRATION 20-21-6621 ADMINISTRATION 20-38-6200 CUSTOMER SERVICE 10-02-6051 PUMPS TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE Vendor Total: !MINE PHS III LPPS-CAMTOPOUN Check Total: SUBSCRIPTIONS EXPENSE SUBSCRIPTIONS EXPENSE Check Totol: TRAVEL/MEETINGS/EDUCATION Check Total: CHLORINE Check Total: FURNACE EQUIPMENT OFFICE SUPPLIES OFFICE SUPPLIES Check Total: INCENTIVE & RECOGNITION PROP INCENTIVE & RECOGNITION PROF? Check Total: TRAVEL/MEETINGS/EDUCATION Check Total: PUMP STATIONS Amount Check # Type 20.96 9.44 6.29 9.56 6.37 8.81 5.88 12.20 9.13 122.51 81.68 38,220.00 _•_ 00050751 MW 21,602.33 21,602.33 00050754 MW 16.79 11.20 27.99 00050755 MW 129.00 129.00 00050756 MW 2,419.15 2,419.15 00050757 MW 42.88 46.94 31.30 121.12 00050758 NM 21.05 54.03 135.08 00050759 MW 102.00 102.00 00050760 MW 19.34 Check Total: 38.34 00050761 MW JUULII l a n c e r . U . U . U//t'1-/VC r A T I1 t I4 1 U r C L A 1 M S K t Y U R 1 0//19/2002-09/01 /2002 Page 8 WED, JUL 24, 2002, 4:42 PM - -req: DOUGLAS -- -leg: GL JL - -1oc: ONSITE - - -- -job: 253492 #J4296-- -prey: CK509 <1.07D -- report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account #h Department SCHROEDER, KEN 10 -01 -6200 UNDERGROUND REPAIR SIERRA FOOTHILL LABORATORY 10 -07 -6110 LABORATORY 20-07-6110 LABORATORY SIERRA PACIFIC POWER SOUTH LAKE TAHOE FLORIST SPRINGBROOK SOFTWARE INC SUBSTITUTE PERSONNEL & SUNGARD BI -TECH INC. SWAIN, CAROL TAHOE BLUEPRINT TOLLNER, TEODORA TORNEY, PHILL TREDOTICH, NEAL TRELLA, PHILIP TRUCK PARTS &. EQUIPMENT CO 10 -00 -6330 GENERAL & ADMINISTRATION 220 -00 - -6330 GENERAL 5. ADMINISTRATION 10 -19 -6520 BOARD OF DIRECTORS 20 -19 -6520 BOARD OF DIRECTORS Description Amount Check # Type TRAVEL /MEETINGS /EDUCATION 78.00 Check Total: 78.00 00050762 MW MONITORING MONITORING ELECTRICITY ELECTRICITY SUPPLIES SUPPLIES 10 -37 -8361 INFORMATION SYSTEMS SOFTWARE, UB 10- 07- 4405 LABORATORY 20 -07 -4405 LABORATORY 20-01-4405 UNDERGROUND REPAIR 10 -37 -6030 INFORMATION SYSTEMS SO -37 -6030 INFORMAT ION SYSTEMS 10 -37 -6200 INFORMATION SYSTEMS 20 -37 -6200 INFORMATION SYSTEMS 10 -29 -8235 ENGINEERING 10 -29 -4820 ENGINEERING 20 -29 -4820 ENGINEERING Check Total: Check Total: Check Tote:.: Check Total: CONTRACTUAL SERVICES CONTRACTUAL SERVICES CONTRACTUAL SERVICES Check Total: SERVICE CONTRACTS SERVICE CONTRACTS Check Total -: TRAVEL /MEETINGS /EDUCATION TRAVEL /MEETINGS /EDUCATION Check Total: SLUDGE HANDLING FACILITY OFFICE SUPPLIES OFFICE SUPPLIES Check Total: 124.50 332_.00 456.50 00050764 MW 50,568.31 30,457.77 81,046.08 00050765 22.52 15.02 37.54 00050766 MW 47, 650.00 47,650.00 00050767 MW 195.73 130.50 812.00 1,138.23 00050768 MW 601.35 400.90 1,002.25 00050769 MW 199.48 132.98 332.46 00050770 12.87 59.84 39.90 112.61 00050771 MW 20 -01 -4520 UNDERGROUND REPAIR MISC LIABILITY CLAIMS 200.00 Check Total: 200.00 00050772 MW 20 -02 -6200 PUMPS TRAVEL/MEETINGS /EDUCATION 129.00 Check Total: 129.00 00050773 MW 10 -01 -6200 UNDERGROUND REPAIR TRAVEL /MEETINGS /EDUCATION 410.00 Check Total: 48.00 00050774 MW 10 -00 -2519 GENERAL & ADMINISTRATION PENSION LOAN REPAYMENT 15.50 Check Total: 15.50 00050775 MW 10 -05 -6011 EQUIPMENT REPAIR AUTOMOTIVE 110.74 20 -05 -6011 EQUIPMENT REPAIR AUTOMOTIVE 27.29 .Juts°° 1O°° v,,.,/yr.; r ., r n c w 1 U r L n 1 i9 b rc t r U N 1 Uf13Y /2002- 08/U1/002 Page 9 WED, JUL 24, 2002, 4:42 PM - -rey: DOUGLAS- -leg: GL JL - -1oc: ONSITE - -- -job: 253492 #J4296-- -prog: CK509 <1.07 > -- report id: CKRECSPC Default Selection: Check Stock ID: AP Check Types: MW, HW, RV, VH Vendor Name Account # Department Description Amount Check # Type U S A GLUE GOOK 10 -01 -6073 UNDERGROUND REPAIR 10 -04 -6047 HEAVY MAINTENANCE WALLACE, P DUANE WATER WELL TECHNOLOGY INC MIECO INDUSTRIEES INC WEDCO INC WESTERN NEVADA SUPPLY 20 -19 -6200 BOARD OF DIRECTORS 20 -02 -6050 PUMPS 10 -01 -6052 UNDERGROUND REPAIR 10 -03 -6071 ELECTRICAL SHOP 20 -30 -8355 CUSTOMER SERVICE 20- 01- -6052 UNDERGROUND REPAIR 10 -01 -6073 UNDERGROUND REPAIR 20 -01 -6073 UNDERGROUND REPAIR 20-- 01 -8E66 UNDERGROUND REPAIR ZEE MEDICAL SERVICE 20 -02 -6075 PUMPS ZYMAX ENVIROTECHNOLOGY 10 -07 -6110 LABORATORY 20 -07 -6110 LABORATORY 20-29- -82290 ENGINEERING Check Total: 138.03 00050776 MW SMALL TOOLS EXPORT /FORCE MAIN REPAIRS Check Total: 796.14 530.52 1,326.66 00050777 MW TRAVEL /MEETINGS /ED'UCATION - 48.91 Check Total: 48.41 00050778 MW WELLS 500.00 Check Total. 580.00 00050779 MW PIPE, COVERS, 5 MANHOLES 3,775.77 Check Total: 3,775.77 00050780 MW SHOP SUPPLIES 36.05 Check Total: 36.05 00050781 MW WATER METERS, LARGE PIPE, COVERS, & MANHOLES SMALL TOOLS SMALL TOOLS WTRLN, CARSON ( IN HOUSE) Check Total: 3,567.14 1,352_.96 143.02 25.76 186.83 5,295.71 00050782 NW SAFETY ECQUIPMENT /PHYSICALS 60.3`8 Check Total: 60.32 00050703 MW MONITORING MONITORING TREATMENT, ARROWHEAD WL #3 Check Total: 884. 00 2,565.00 252.00 3,701.00 00050784 MW Grand Total: 329,731.26 TO: FR: RE: BOARD MEETING ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manaqer August 1,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: 13.a ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD vs. JOHN BREESE MUMFORD, ET. AL EL DORADO COUNTY SUPERIOR COURT CASE NO. SC20020030 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES -/~2.,~ NO CATEGORY: GENERAL WATER SEWER X SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Robert Baer, General Manager RE: BOARD MEETING August 1,2002 AGENDA ITEM: 13,b ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: F. HEISE LAND & LIVESTOCK vs. STPUD and DOES 1 THROUGH 10; INCLUSIVE; ALPINE COUNTY SUPERIOR COURT CASE NO. C18644 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel reqardinq existinq litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATrACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO, CHIEF FINANCIAL OFFICER: YE~J'~"~;~ CATEGORY: GENERAL WATER SEWER X TO: FR: RE: ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manager BOARD MEETING Auqust 1,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: 13.C ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: F. HEISE LAND & LIVESTOCK vs. STPUD and DOES 1 THROUGH 10; INCLUSIVE; ALPINF COUNTY SUPERIOR COURT CASE NO. C18733 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel re§ardinq existin9 litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: A'I-DACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES/~_g~=~ NO, CATEGORY: GENERAL WATER SEWER X SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Robert Baer/General Manaqerl Gary Kvistad/District General Counsel RE: BOARD MEETING August 1,2002 AGENDA ITEM: 13.d ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. F. HEISE LAND & LIVESTOCK COMPANY, INC., WILLIAM WEAVER, EDDIE R. SYNDER, CROCKETT ENTERPRISES, INC. CIV S-02-0238 MLS JFM UNITED STATE,C; DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO, CA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel reqardinq existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATFACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GE.ERA' , A.AGER' GE.ERA' CHIEF FINANCIAL OFFICER: YE~[~q(¥[~.b~ ~hlO WATER SEWER X TO: FR: RE: ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manager BOARD MEETING August 1,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: 13.e ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. ARCO, ET AL, SAN FRANCISCO COUNTY SUPERIOR COURT CASE NO. 999128 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel reqarding existinq litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CO.CU..E.CE W....EOU S..D GENERAL MANAGER: YES~ NO. CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDENDUM TO BOARD AGENDA TO: BOARD OF DIRECTORS FR: Robert Baer, General Manager RE: BOARD MEETING August 1, 2002 AGENDA ITEM: 13. f ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION RE: MEYERS LANDFILL SITE: UNITED STATES OF AMERICA V. EL DORADO COUNTY AND CITY OF SOUTH LAKE TAHOE AND THIRD PARTY DEFENDANTS, CIVIL ACTION NO. S-01- 1520 LKK GGH, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel regarding existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL X WATER TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robed Baer, General Manaqer Auqust 1,2002 AGENDA ITEM: ~.3. q CONSENT CALENDAR ITEM NO: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: STPUD VS. LAKESIDE PARK ASSOCIATION, SUPERIOR COURT CASE NO. SC2001016~ REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel reqardinq existinq litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO. CHIEF FINANCIAL OFFICER: YE~' CATEGORY: GENERAL WATER X SEWER CONSENT CALENDAR AUGUST 1, 2002 ITEMS a. B-Line: Phase 3 (Jim Hoggatt) Glenwood Well Replacement Project (Nick Zaninovich) Glenwood Well Replacement Project (Nick Zaninovich) Arrowhead Well No. 3 Treatment Project (Nick Zaninovich) Effluent Control System Modifications (Ross Johnson) Centrifuge Replacement Project (Ross Johnson) Portable Self-Priming Pump (Ross Johnson) REQUESTED ACTION I l ill I I I Approve Increase to Task Order No. 27C to Parsons HBA to Complete the Environmental Impact Report / Environmental Impact Statement (EIR/EIS) in the Amount of $95,450 (1) Make Determination that Project is Exempt from CEQA; and (2) Authorize Filing a Notice of Exemption with the El Dorado County Clerk Authorize Staff to Advertise for Bids for Well Building Rehab, Including Mechanical and Electrical Controls and Underground Piping Authorize Filing a Notice of Completion with El Dorado County Clerk Authorize Staff to Advertise for Bids Approve No-Cost Change Order No. 1 to Westfalia Separator, Inc., to Modify Centrifuge Testing Requirements (1) Authorize Exception to the Formal Bidding Procedures as Authorized in the Purchasing Policy for Sole Source Providers; and (2) Authorize Purchase of Pump From Godwin Pumps of America, Inc., in the amount $42,822.12 CONSENT CALENDAR -AUGUST 17 2002 PAGE - 2 Special Board Meeting Minutes: June 20, 2002 (Kathy Sharp) Regular Board Meeting Minutes: June 20, 2002 (Kathy Sharp) Special Board Meeting Minutes: June 27, 2002 (Kathy Sharp) Regular Board Meeting Minutes: July 3, 2002 (Kathy Sharp) Approve Minutes Approve Minutes Approve Minutes Approve Minutes South Tahoe Public Utility District · 1275 Meadow Crest Ddve, South Lake Tahoe, CA 96150 * Phone 530.544.6474 - Facsimile 530.541-0614 TO: FR: RE: BOARD MEETING ACTION ITEM NO: ITEM-PROJECT NAME: REQUESTED BOARD ACTION: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Jim Hoggatt, Construction Manager/Engineer August 1,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: B-LINE: PHASE 3 Approve increase to Task Order No. 27C to Parsons HBA to complete the Environmental Impact Repod/Environmental Impact Statement (EIR/EIS) in th~, amount of $951450 DISCUSSION: Staff reported at the Special Board Meeting on June 27, 2002, that th~'~ District had received numerous comments conceminq the Administrative Draft of the EIR from other aqencies, and as a result, the proiect would be delayed another year. Parsons HBA has submitted a request for an increase to Task Order No. 27C in the amounl of $95,450, to provide the additional work required to address the agencies comments and 1. complete the EIR/EIS. Staff has provided as a part of this aqenda item, Parsons HBA's request and a breakdow. of the additional costs. Staff recommends the Board approve the increase of $95,450 to Task Order No. 27C. SCHEDULE: As soon as possible COSTS: $95,450 ACCOUNT NO: 9098-8828 BLNIII BUDGETED AMOUNT REMAINING: $11794,495 ATFACHMENTS: Parsons HBA Amendment to Scope of Work and budqet estimate CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: Y ES_~.~. NO. CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X STPUD B LINE PHASE ill ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK STPUD B-LINE III EIR/EIS SCOPE OF WORK/BUDGET ESTIMATE TASK 1 PROJECT COORDINATION/SCOPING 1.1 Project Management The project management task includes implementation of the management systems that are required to support the successful completion of the project. Project management includes coordination and tracking of scope and schedule, preparation of project status reports, administration of the project budget, and administrative meetings with the District to discuss project status, completed work, project schedule, and budget. Parsons project management tools include: l) a project management plan, 2) an automated cost accounting system, and 3) monthly progress reports. The use of these management tools ensures our complete attention to the project's schedule, contract, and budget. The project management plan is prepared upon project initiation and describes the project's deliverables, schedule, budget, and staff responsibilities. The cost accounting system integrates the entire Parsons Corporation through a wide area network. The system receives information on a daily and weekly basis through recovery and timesheet entries and can provide the Project Manager with a variety of financial reports at any point in time. The Project Manager will prepare and submit monthly progress reports to the District for the duration of the contract. The progress reports will provide a description of the work completed during the previous month (based on reports submitted to the Project Manager from each key team member), an estimate of the pement work completed to date; a description of any out-of- scope work conducted (such work will be conducted only with authorization from the District), and a description of any current problems, including recommendations for resolution of each identified problem. 1.2 Project Kick-Off Parsons will prepare background materials for use in project kick-off meetings. Parsons will attend up to throe meetings with the District and key agencies to discuss the project issues and schedule. Agencies that should be included in these meetings are USFS, TRPA, Lahontan and EPA. Meeting minutes will be kept to document decisions regarding the project scope of work and schedule. 1.3 Data Collection The Parsons Team will assemble available material that is relevant to the project and will create an in-house library. These documents will include background reports recently prepared by Parsons for California spotted owl, forest carnivores, and historic resources. Materials will also STPUD B LINE PHASE III ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK be collected from Carollo Engineers, the USFS, and various other local agencies that have interest in the project. The Project Manager will be responsible for maintaining a list of available references and will make this list available to the District and Parsons team members during the course of project development and environmental analysis. 1.4 Project Scoping/Notice of Preparation Based upon initial conversations with the TRPA and USFS, it is anticipated that an EIR/EIS level of environmental review will be required for the project. However, it is possible that during project scoping with agency staff, the decision could be made to prepare an Environmental Assessment and Negative Declaration instead. Based upon the results of kick-off meetings and initial scoping with key agencies, Parsons will prepare a project description, mapping and Initial Environmental Checklists (both TRPA and USFS) for use in a Notice of Preparation/Notice of Intent. The NOP/NOI (100 COPIES) will be circulated to California agencies, the USFS, and will be taken to the TRPA APC for comment. The checklists included in the NOP/NOI will be used to focus the issues that will be included in the environmental document. TASK 2 PROJECT DESCRIPTION AND ALTERNATIVES 2.1 Project Description Refinement/Agency Field Walk The preliminary alignment prepared by Carollo Engineers will be used as the basis for the project description. Based upon input received during project scoping and from review of the NOP/NOI, Parsons will update the project description for use in the environmental documentation. Further, prior to finalization of the project description, Parsons and the District will schedule field walks with agency staff to revise the alignment to avoid potential impacts. The District and Parsons will stake the aligmnent, mark trees that would need to be removed, identify locations of wetland boundaries, and mark the location of historic resources. After flagging the line and resources, the District and Parsons will walk the alignment with agencies and identify locations where the alignment could be rerouted to avoid/minimize impacts to resources. Following these field walks, Parsons will work with the District and Carollo Engineers to revise the alignment and update the project description. The project description prepared for the EIR/EIS will include a section that lists the specific best management practices that will be used for the construction corridor and staging areas. Based upon agency comments, Parsons participated in three additional field visits to identify a more detailed alignment for Alternative A (parallel the existing pipeline). Carollo Engineers is preparing detailed topographic and tree mappin~ of Alternative A to be used in the EIR/EIS. Once the Alternative A mapping is completed, Parsons will field check the mapping to determin~ if tree locations are accurate. In addition, Parsons will work with the TRPA to map land _capability and SEZ locations. STPUD B-LrNE PHASE III ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK 2.2 Alternatives Based upon input from the USFS, EPA and TRPA, the existing aligmnent and existing roadway alternatives will also be required for analysis in the environmental document. Parsons will work with the District and Carollo Engineers to document these alternatives, as well as the No Action, for use in the environmental document. 2.3 Alternatives Considered and Rejected The environmental document will be required to include other alternatives considered and rejected from further consideration. Documentation will be required to support the reasons for disqualification. Parsons will work with the District to collect correspondence from key agencies such as Caltrans and Lahontan to support the determinations. Two alternatives have been identified to date that fall into this category. These alternatives include: 1) relocating the Luther Pass Pump Station to the intersection of Grass Lake Road and SR 89, and 2) crossing the Upper Truckee River to utilize the Upper Truckee Road alignment. TASK 3 MEETINGS Parsons will attend the following meetings during the course of the B-Line Phase llI environmental documentation. Additional meetings will be attended on a time and materials basis following District approval. Task Number Staff Entities Involved Project Kick-Off 3 Brueck Kick-off meetings with USFS, TRPA, Lahontan, EPA Project Scoping/NOP 1 Brueck Project scoping at TRPA APC Project ~-_5 Brueck, Bio & Field walks with USFS, TRPA and Description/Agency Cultural staff Lahontan Field Walk Draft EIR/EIS ~ 1~0 Brueck w/support Meetings with District and agency Preparation as needed staff (TRPA, USFS, EPA) Draft EIR/EIS 3 Bmeck w/support Hearings before STPUD Board, Circulation as needed TRPA APC and GB Final EIR/EIS Review 1 Brueck STPUD, TRPA, USFS, EPA Final EIR/EIS 3 Bmeck w/support Hearings before STPUD Board, Hearings as needed TRPA APC and GB TASK 4 DRAFT EIR/EIS Based on the results of Tasks 1, 2 and 3, a Review Draft EIR/EIS will be prepared in conformance with CEQA, TRPA and NEPA guidelines. The EIR/EIS will discuss, in appropriate detail, CEQA, TRPA and NEPA concerns. The TR?A Thresholds and USFS Forest Plan Guidelines will be identified and the project impacts evaluated to determine compliance STPUD 0 LINE PHASE III ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK with the Thresholds and Guidelines. Based upon federal involvement with funding of the Export Pipeline and the project's location on USFS lands, a NEPA EIS is also required. The environmental document will therefore incorporate a section to comply with NEPA Forest Service implementing guidelines and input from both the EPA, Region 9 and USFS. The following contains a description of the work to be completed for each potential element of the EIR/EIS. The cost estimate listed in Exhibit B of this contract is based on the completion of the following scope. Any adjustments to the scope as a result of Task 1 findings may result in an adjustment in the cost and schedule. The sole purpose for the adjustment of any item is to meet CEQA, TRPA and NEPA requirements. Each section will contain a summary of the setting, impact evaluation criteria, identification of potential impacts, proposed mitigation measures and evaluation of the impact after mitigation. 4.1 Earth, Topography, Soils, and Geology Parsons HBA shall assemble data from existing and available sources to provide a comprehensive description of the physical environmental setting of the project site and the surrounding environs. The Natural Resource Conservation Service (NRCS) soil mapping and TRPA Stream Environment Zone mapping will be used for determination of both existing and proposed corridor characteristics. TRPA land capability verification mapping prepared by Tom Sinclair will be used to quantify SEZ impacts. Parsons will work with TRPA to identify land_ capability for the newly mapped Alternative A corridor. After mapping is completed, Parsons will map and calculate SEZ disturbance areas by alternative. Information shall be provided to describe regional geologic conditions of the site. Quadrangle maps from the USGS or maps supplied by the District will be assembled as a basis for topographic evaluation. Soil spoils and soil compaction that will be required during pipeline construction will be described. Impacts created by the project and mitigation measures to reduce any significant impacts to a less than significant level will be presented. Mitigation measures will likely include a restoration plan for wetland and SEZ areas affected by project construction. Parsons will work with Western Botanical Resources to finalize the restoration/stabilization plau for the non-roaded portions of the alternative alignments. 4.2 Hydrologic Conditions/Water Quality Parsons HBA will assemble data from existing available sources to provide a description of the surface and subsurface hydrologic environmental setting. Mapping and flow calculations of Grass Creek will be used to develop mitigation measures for the creek crossing. Information shall be provided to describe the regional and local surface and subsurface hydrologic conditions. General impacts to creeks, drainage patterns, infiltration and/or runoff; public water supplies, and channeled surface flows will be discussed and mitigation measures provided. The construction corridor will be delineated and measures will be developed to ensure that water quality effects are reduced during ground disturbing activities. Ground disturbance within the STPUD B-LINE PHASE Ill ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK construction corridor, staging areas and access locations will be described so that measures can be developed to ensure both short-term and long-term restoration occurs. Based upon agency comments, Parsons (Owen Engineers, see July 12, 2002 letter attached) wil! prepare floodplain mapping of the Grass Lake Creek crossine in the USFS campground. Carollo engineers will provide more detailed topographic mapping of the site. Once the mapping is prepared, Parsons will define existing and fhture flows that may result in flooding impacts. Based upon agency comments, Parsons (either Robe~s0n-Bryan 0r Swanson Hydrology will conduet ~e work) will prepare a more detailed map of existing conditions at the forested crossing of Grass Lake Creek under Alternative B. The report will also address the restoration feasibility at the crossing location and will define the implementation steps that would be _required if Alternative B is selected. Parsons will also identify the number and estimated location of culvert crossing along S R 89 that would be potentially impacted by Alternatives C or D. 4.3 Public Safety Parsons HBA shall evaluate the potential for risks of upset and danger to public safety. City and County disaster preparedness programs will be reviewed where available. Seismic history and earthquake hazard potential will be reviewed based on local data and information from the California Division of Mines and Geology. The potential for hazard trees to interfere with construction operations will be identified based upon mapping prepared by the USFS foresters. Erosion and flood hazards will be determined based on FEMA flood maps. Pipeline sections subject to flooding will be mapped. The fire risks associated with welding operations will be described and a program will be developed to ensure that appropriate fire suppression activities are undertaken. This analysis will also integrate various discussions found elsewhere in the document and act as a summary of potential impacts and possible mitigation measures to address seismic safety, fire safety, traffic safety, and public health safety. Based upon agency comments, Parsons will provide inforInation about the risks of a pipelim, break within SR 89. Data from other similar California projects and any past pipeline failures will be collected as available and described to document the potential risk. 4.4 Biological Resources The alternative corridors will be mapped and compared to existing and newly collected wildlife and vegetation data to provide a description of the affected environment. Species specific surveys conducted for the project have included CA spotted owl and forest carnivore surveys. Additional CA spotted owl surveys and willow flycatcher and northern goshawk surveys will be conducted during the spring and summer of 2001 and 2002 (see Task 6). Parsons will prepare a Biological Evaluation for the USFS (see Task 6). As part of the preparation of the Biological Evaluation (BE), threatened, endangered, and USDA Forest Service sensitive species will be inventoried and impacts evaluated. In addition, Parsons HBA will determine impacts to wildlife not included in the BE, including TRPA threshold species, STPUD B-LINE PHASE III ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK candidate species for federal listing, and state listed species. Impacts identified in the BE and to other resources will be quantified and mitigation will be proposed as needed. Based upon agency comments, Parsons will document snag locations along the alternative alignments. Snag densities will also be estimated for the project area. Based upon updated topographic mapping and the snag counts, Parsons will also further describe vegetation_ communities along the alternative alignments. Based upon agency cmnments, Parsons will identify offsite sites for restoration of SEZ/low capability lands. Offsite restoration sites will be required to meet the 1.5:1 restoration standard for iow capability lands. The offsite restoration sites will be identified with assistance from the USFS, CA State Parks and other governmental agencies. Once adequate sites are identified (equal to the amount of square footage needed for restoration), Parsons will prepare conceptnal restoration plans for the sites. ' Based upon agency comments, Parsons will incorporate sensitive plant and noxious weeds survey data (collected by Western Botanical Resources) into the biological resoumes analysis. Measures to protect sensitive plants and to prevent the spread of noxious weeds will be identified as needed. Based upon agency cotmnents, Parsons will delineate the Riparian Conservation Area pursuant to the Sierra Nevada Forest Plan Amendment, and will describe the requirmnent lbr a work=t education program mitigation measure. 4.5 Traffic and Circulation Based upon the preliminary alternative route locations, it is anticipated that only traffic effects related to the project construction will be analyzed. Parsons HBA will determine construction activity estimates and schedules from information supplied by the project engineer. Impacts will be determined and a level of significance will be identified. Mitigation measures, such as traffic management plans, will be prepared for any significant traffic and circulation impacts. 4.6 Air Quality The climatological characteristics of the project site will be summarized. The existing air quality environment will be described in terms of the study area's compliance with TRPA, state, and federal regulations concerning ozone, carbon monoxide, and particulate levels. Based on construction impacts and operational impacts, air quality impacts to both the local residential area and the regional recreational area will be evaluated. Mitigation measures will be recommended to reduce impacts from increased air pollutants and odors. 4.7 Noise Ambient noise levels in the area will be established using existing documentation. Based upon agency comment regarding Alternative D, Parsons will measure noise levels at the Luther Pass pump station to apply to the alternative pump station sites. Construction activities that generate noise impacts will be identified. Based on the identification of potential noise impacts, specific mitigation measures will be recommended, if needed. 07/24/0207/1~/0~ PAGE 6 I STPUD B-LINE PHASE III ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK 4.8 Land Use/Recreation This section will evaluate the impacts of the project on ex~sting and planned land uses along the pipeline corridor. Potential conflicts with elements of the Forest Plan and TRPA Regional Plan will be addressed. Where the potential exists for planning conflicts, measures to mitigate the problems will be presented. 4.9 Public Services Public Services are not assumed to be a concern for this project. If scoping determines that a public service may be impacted by the project, the scope of work will be modified to include the discussion. Parsons will contact fire protection depart~nents to determine potential impacts to fire access within the forested portions of the alternative corridors, and whether the existi.g MOU between the Fire District and USFS will require Inodification. 4.10 Visual Resources Parsons will photograph the existing conditions from the Luther Pass pump station to the USFS campground site. Photographs will be used to document the proposed pipeline alignment as well as the existing alignment corridors. Photographs will also be taken from key vantage points such as U.S. Highway 50 and State Route 89. It is anticipated that tree clearing required for the pipeline construction will be visible from both US Highway 50 and State Route 89. Therefore, TRPA Travel Route ratings will be described for these scenic highways. Based upon agency colnments, Parsons will prepare a visual simulation from US Highway 50 document potential effects of tree removal for Alternatives A and B as viewed from the State Highway. 4.11 Cultural Resources Based upon the archaeological research and surveys conducted along the proposed B-line Export Pipeline replacement corridors, impacts of project implementation will be determined. If archaeological or historic resources sites are identified along the proposed routes, avoidance or appropriate mitigation measures will be developed in consultation with the USFS and California SHPO (see Task 7). Review Draft EIR/EIS Parsons HBA will submit a review draft of the EIR/EIS for "in-house review" by the District, LTBMU, EPA Region 9, and TRPA prior to preparation of the EIR/EIS for public circulation. A chapter presenting the mitigation and monitoring plan will be included following the impact analysis. Second Review Draft EIPJEIS Parsons will revise the April 19, 2002 Working Copy EIR/EIS based upon agency comments and the additional tasks added to this scope of work, and will provide the document to the District a~nd agencies for a second review period. 07/24/02~7/'~/0~. PAGE 7 I STPUD B-LINE PHASE Ill ENVIRONMENTAL DOCUMENTATION SCOPE OF WORK Draft EIR/EIS Circulation/Notice of Completion Parsons HBA will incorporate District, LTBMU, EPA Region 9, and TRPA comments on the Review Draft EIR/EIS into the EIR/EIS and will prepare a Notice of Completion. Parsons HBA will distribute copies to the California Office of Planning and Research, District, LTBMU, TRPA, EPA Region 9 and project distribution list. The Draft EIR/EIS (100 COPIES) will be circulated for 60 days. During circulation of the Draft EIR/E[S, Parsons will attend up to three public hearings. TASK 5 FINAL EIR/EIS AND MITIGATION MONITORING PLAN The preparation of the Final EIR/EIS will be initiated as written comments are received on the public circulation document. For budget purposes, it is assumed that approximately 80 comments will be received on the Draft EIR/EIS, each requiring approximately one hour of staff time to respond. Responses will be provided to all environmental comments in order to attain legal adequacy of the document and answer expressed environmental concerns. The Final environmental document will consist of a list of comment letters received, and responses to individual comments. The Final will also include revisions made to the Draft EIR/EIS based upon responses to comments. The revised Mitigation and Monitoring Plan will also be included. A Review Final EIR/EIS will be provided to the District, TRPA, USFS, and EPA for review and comment. Following agency review, Parsons will meet with the District and agencies to discuss comments and resolve concerns. Following the review meeting, Parsons will revise the Final EIR/EIS for production (100 COPIES) and distribution. Parsons will attend up to three hearings on the Final EIR/EiS. Parsons assumes that the USFS and EPA will prepare the Record of Decision (ROD) for the project. If the USFS and EPA require assistance with the preparation of the ROD, Parsons will prepare a scope of work and budget for District approval. TASK 6 BIOLOGICAL RESOURCES 6.1 Biological Evaluation A Biological Evaluation (BE) will be prepared as a supplement to the NEPA documentation being prepared for the B-line Phase 1II Export Pipeline Replacement project. The purpose of the BE is to review the findings of biological field studies conducted for sensitive plant and animal species on land held in public trust by the Forest Service and to evaluate the potential biological effects associated with the B-line Export Pipeline Replacement project. The BE will address species that are listed or proposed for listing by the U.S. Fish and Wildlife Service (USFWS) as threatened or endangered as well as species considered "sensitive" by the Regional Forester for the Forest Service Pacific Southwest Region (Region 5). By addressing the potential effects of the proposed pipeline installation, the BE provides a process and standard through which proposed, endangered, and threatened species receive full consideration in the STPUD B-LINE PHASE Ill ENVIRONMENTAL DOCUMENTATrON SCOPE OF WORK decision-making process. With respect to sensitive species, the BE evaluates whether the proposed action will result in a trend towards federal listing of a species as threatened or endangered. The BE also determines whether formal consultation or conference is required with the USFWS to address proposed, threatened, or endangered species. The BE will follow the standards established in the Forest Service Manual (FSM) 2672.42 and, if required, will comply with the legal requirements set forth under Section 7 of the Endangered Species Act (19 USC 1536(c), 50 CFR 402.12(f) and 402.14(c)). 6.2 2002 Goshawk Surveys Based upon recent direction from the USFS (Mollie Hurt, LTBMU Biologist), Parsons will conduct a second year of surveys for Northern goshawk. Parsons completed the first year of surveys under a previous task order that included biological surveys for 2001. The USFS has requested that dawn acoustical and broadcast surveys be conducted for 2002. Dawn acoustical surveys must be completed by April 15, 2002 and broadcast surveys can be completed in June and July. Four biologists will be used for two consecutive days to conduct the dawn acoustical surveys. Two biologists will be used for six days to conduct the two rounds of broadcast surveys. Following completion of both surveys, Parsons will prepare a 2002 Survey Methods and Results Report. 6.3 2002 California spotted owl Surveys Based upon USFS direction, Parsons has conducted 2002 surveys for spotted owl. The purpose of the surveys are to follow-up on owl locations from previous surveys to determine if any nest sites are within 0.5 mile from the alternative corridors. 6.4 Biological Resources Sna.q Counts/Vegetation Mappinq Based upon agency comments, Parsons has documented snag densities in the vicinity of thc Alternative A and B corridors. Parsons will also prepare vegetation mapping along the alternative routes to allow for calculations of vegetation impact by type. Parsons will prepare~a table to document tree removal by species, size and old growth status. TASK 7 CULTURAL RESOURCES MEMORANDUM OF AGREEMENT (MOA) Kelly Heidecker will work with Michael Weichman at the USFS to develop a scope of work, budget, and schedule for the preparation of a Memorandum of Agreement (MOA) with the CA SHPO. The scope of work for the MOA cannot be determined until potential effects to known resoumes are identified. Based upon agency comments, Parsons will prepare a separate cultural resources report for Alternative A. The previous report only addressed Alternative B, because no resources had been identified in the previous Alternative A corridor (existing pipeline alignment). STPUD B -Line Phase III Export Line Replacement Project - Revised Budget 07/23 Estimated Work Effort (by Classification) Task Charge Engineer Planner Planner Scientist Tech Admin Labor Costs Costs from Exist. 6/28/02 1 COORDINATION /SCOPING Management/Reporting 8 32 60 100 $ 700 $ 8,500 $ 2,200 1.2 Project Kick -off 8 8 16 4 36 $ 400 $ 2,880 $ 80 1.3 Data Collection 12 4 16 $ 200 $ 1,180 $ 60 1.4 Project Scoping /NOP 2 4 16 8 16 8 54 $ 500 $ 5,200 $ 160 Sub -total Task 1 10 4 56 8 36 24 68 206 $ 1,800 $ 17,760 $ 2,500 $ 8,579 2 PROJECT DESC AND ALTS 2.1 Project RefinemenVField Walk 12 8 16 4 40 $ 200 $ 3,120 $ 100 2.2 Alternatives 24 16 8 8 4 60 $ 400 $ 5,480 $ 3,320 2.3 Alts Considered and Rejected 24 12 4 4 44 $ 300 $ 4,140 $ 1,220 Sub -total Task 2 0 0 60 16 28 28 12 144 $ 900 $ 12,740 $ 4,640 $ 12,708 3 MEETINGS (16 +10) 16 208 48 24 4 300 $ 2,500 $ 32,980 $ 12,380 $ 19,203 4 DRAFT EIR/EIS 4.1 Earth, Topo, Soils, Geology 32 64 64 8 2 170 $ 300 $ 13,640 $ 5,270 4.2 Hydrologic Conditions/WQ 64 16 32 8 2 122 $ 22,400 $ 34,780 $ 26,010 4.3 Public Safety 16 80 4 2 102 $ 300 $ 7,580 $ 4,550 4.4 Biological Resources 24 80 64 2 170 $ 600 $ 13,900 $ 10,460 4.5 Traffic 12 8 2 22 $ 100 $ 2,040 $ 100 4.6 Air Quality 12 8 2 22 $ 100 $ 2,040 $ 100 4.7 Noise 20 8 2 30 $ 100 $ 2,920 $ 980 4.8 Land Use /Recreation 2 24 4 2 32 $ 100 $ 2,200 $ 130 4.9 Public Services 2 24 4 2 32 $ 100 $ 2,200 $ 850 4.10 Visual Resources 48 32 8 2 90 $ 4,000 $ 11,900 $ 6,720 4.11 Cultural Resources 32 48 16 4 2 102 $ 100 $ 8,820 $ 5,310 Second Review Draft EIR/EIS 8 32 40 8 2 90 $ 1,000 $ 8,940 $ 1,160 Draft EIR/EIS Circulation /NOC 2 8 12 8 12 12 2 56 $ 5,000 $ 9,820 $ 120 Sub -total Task 4 10 72 260 200 412 60 26 1040 $ 34,200 $ 120,780 $ 61,760 $ 69,120 5 FINAL EIR/EIS & MMP 8 8 32 16 32 12 4 112 $ 2,500 $ 12,520 $ 320 $ 44 BIOLOGICAL EVALUATION & 6 SURVEYS 32 240 64 24 12 372 $ 7,800 $ 36,600 $ 9,800 $ 37,267 CULTURAL RESOURCES MOA 7 SCOPE 2 16 96 5 6 125 $ 1,900 $ 12,240 $ 4,050 icluded above Total Hours 30 100 664 624 596 153 132 2299 $ 51,600 $ 245,620 $ 95,450 $ 146,921 Staff Rates $ 160 $ 125 $ 110 $ 80 $ 65 $ 55 $ 50 Total Labor Costs $ 4,800 $ 12,500 $ 73,040 $ 49,920 $ 38,740 $ 8,415 $ 6,600 TO: FR: RE: ACTION ITEM NO: ITEM-PROJECT NAME: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Nick Zaninovich, Senior Engineer BOARD MEETING Auqustl,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: b. GLENWOOD WELL REPLACEMENT PROJECT REQUESTED BOARD ACTION: (1) Make determination that project is exempt from CEQA; and (2) Authorize filing a Notice of Exemption with the El Dorado County Clerk DISCUSSION: Staff requests the Board approve the Notice of Exemption, as required by CEQA. Staff has determined that the project is cateqorically exempt, per CEQA Section 15302(c) as a utility replacement proiect with no expansion of use. SCHEDULE: Begin construction in Fall 2002 COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: <$58,247> ATTACHMENTS Notice of Exemption 2029-8264/GLWOOD CONCURRENCE WITH REQUESTED,/~TION: GENERAL MANAGER: YES~ NO, CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER X SEWER NOTICE OF EXEMPTION TO: __ Office of Planning and Research 14OO Tenth Street Sacramento, CA 95814 County Clerk County of El Dorado 360 Fair Lane Placerville, CA 95667 FROM: So. Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Project Title: GLENWOOD WELL RECONSTRUCTION PROJECT Project Location - Specific: On the west side of Glenwood Avenue, at the intersection of Rancho Drive and Becka Drive. Project Location - City: Project Location - County: South Lake Tahoe El Dorado Description of nature, purpose, and beneficiaries of project: Installation of site piping and retrofit of existing building for operation of newly constructed replacement well. Beneficiaries are the District's customers. Name of public agency approving project: South Tahoe Public Utility District Name of person or agency carrying out project: South Tahoe Public Utility District Exempt Status: Categorically exampt, per CEQA Section 15302(c). Reasons why project is exempt: Replacement of existing facility involving no expansion of use. Contact person: Area Code/Telephone/Extension Nick Zaninovich, P.E., Senior Engineer 530.544.6474 ext. 267 Signatu~__~ Senior Engineer Title TO: FR: RE: BOARD MEETING ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Nick Zaninovich, Senior Enqineer August 1,2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: c. ITEM-PROJECT NAME: GLENWOOD WELL REPLACEMENT PROJECT REQUESTED BOARD ACTION: Authorize staff to advertise for bids for well building rehab, including mechanical and electrical controls and underqround piping DISCUSSION: This proiect will include, structural modifications, underground piping, and electrical and mechanical controls. The preliminary engineer's estimate for this project is $300,000. Bidding is anticipated to take place in late August. SCHEDULE: Beqin construction in Fall 2002 COSTS: Approx. $300,000 BUDGETED AMOUNT REMAINING: ATTACHMENTS None ACCOUNT NO: <$58,247> 2029-8264/GLWOOD CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO_ CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Nick Zaninovich, Senior Enqineer RE: BOARD MEETING August 1,2002 AGENDA ITEM: d. ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: ARROWHEAD WELL NO. 3 TREATMENT PROJECT REQUESTED BOARD ACTION: Authorize filing a Notice of Completion with the El Dorado County Clerk DISCUSSION: Staff has performed a final inspection of the proiect and has found that Applied Process Technology and Sierra Valley Electric, have met the requirements of the proiect plans and specifications. Staff recommends the filing of a Notice of Completion with the El Dorado Countv Clerk. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: <$44,998> ATTACHMENTS Notice of Completion 2029-8290/AH3TRT CONCURRENCE WITH REQUESTED~_~CTION: GENERAL MANAGER: Y E S .¢~/~,~,..~ NO. CHIEF FINANCIAL OFFICER: YE~,"~~, CATEGORY: GENERAL WATER X SEWER NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093. must be filed within I0 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is South Tahoe Public Utility District 3. The fu]l address of the owner is 1275 Meadow Crest Drive South Lake Tahoe. CA 96150 4. The r~alure of the interest or estate of the owner is; ]n fee. Purchase/Construction Contract (If other than fee, strike "In fee" and insert~ for example "purchaser unaer contract of purchase," or 5. The fuji names and full addresses of all persons, if any, who hold titJe with the undersigned as joint tenants or as tenants rn common are: NAMES ADDRESSES 6. A workofimuruvementonthepropertyhereinafterdescribed wascompietedon OUly 24, 2002 The work done was: Provide operational advanced oxidation treatment svstem 7. The name ofthecontractor, ifany, forsuch work ofimprovement was Applied Process Technoloqy (aka A.P.T.' and Sierra Valley Electric 8. The prooerty on which said work of improvement was completed is in the city of South Lake Tahoe County of E1 Dorado State of California. and is described as follows: Property located on the southeast corner of Hopi Avenue and Arrowhead A~enue. (Arrowhead Well No. 3 MTBE Treatment project.) 9. Thestreetaddressofsaidpropertyis 2039 Hopi Avenue (If no street address has been officially assigned, insert "none".) Dated: Aug.u,sJ[_l, 2002 Verification for Individual Owner named in paragraph 2 or his agent DUANE WALLACE, BOARD PRESIDENT VERIFICATION I, the undersigned, say: I am the Board Presi dent the declarant of the foregoing ("?[esident of", "Manager of", "A partner of", "Owner of", etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of m~y own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 1, 2002 ,19 at. South Lake Tahoe California. (Date of signature.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of compJetien are true.) DUANE WALLACE, BOARD PRESIDENT SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Ross Johnson, Manaqer of Wastewater Operations RE: BOARD MEETING Auqust 1,2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: EFFLUENT CONTROL SYSTEM MODIFICATIONS REQUESTED BOARD ACTION:_ Authorize staff to advertise for bids DISCUSSION: The Effluent Control Svstem Modification is a California Energy Commission 100% grant funded proiect to automate and coordinate effluent pumping at Luther Pass Pump Station and the treatment plant. The proiect includes the purchase and installation of three new programable logic controllers; one at the Luther Pass Pump Station and two at the treatment plant, as well as modifications to the existing SCADA (Supervisor'/Control and Data Acquisition} radio control svstem. The proiect must be operational by December 31,2002, to meet the grant conditions. SCHEDULE:_ COSTS: $150,000 (estimated} ACCOUNT NO: 1006-8328 LDMGMT BUDGETED AMOUNT REMAINING: $127,402 ATTACHMENTS:_ None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~-~ .--- NO / CHIEF FINANCIAL OFFICER: YESr~)~-~-,~, NO CATEGORY: GENERA~ WATER SEWER_ X SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Ross Johnson, Manaqer of Wastewater Operations RE: BOARD MEETING Auqust 1,2002 AGENDAITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: f. ITEM-PROJECT NAME: CENTRIFUGE REPLACEMENT PROJECT REQUESTED BOARD ACTION: Approve no cost Change Order No. 1 to Westfalia Separator Inc., to modify centrifuge testing requirements DISCUSSION: Staff has negotiated changes to the originally specified equipment testing procedures. The testing chanqes are expected to result in a smoother installation process. SCHEDULE: COSTS: N/A ACCOUNT NO: 1029-8235 BUDGETED AMOUNT REMAINING: $2,299,412 ATTACHMENTS: Centrifuqe Replacement Project, Change Order No. 1 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: Y E S.,~=~ NO. CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X CHANGE ORDER NUMBER 1 Project Centrifuge Replacement Project Contractor Westfalia Separator Inc. Date July 24, 2002 PO # P11998 The Contract Shall Be Changed As Follows: Modify centrifuge testing requirements, (Specification reference 11358-10, 2.13, 2)to allow the centrifuges to be tested at the Neiderahr Facility outside the U.S. and to allow the control panel be tested independently of the centrifuge at the panel manufacturing shop in the USA, using a simulation. In consideration of the above, Westfalia Separator agrees to the following: Provide a separate, "reverification,, test of all loops with results prepared and submitted to District and the installation Contractor. Dollar Amounts Contract Time Original Contract $676,687.50 Previous Change Order $ 0.0 Current Contract $ 0.0 THIS CHANGE ORDER $ 0.0 New Contract Total $676,687.50 This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By Date: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Ross Johnson, Manager of Wastewater Operations RE: BOARD MEETING August 1,2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: PORTABLE SELF-PRIMING PUMP REQUESTED BOARD ACTION: (1) Authorize exception to the formal bidding procedures as authorized in the Purchasing Policy for sole source providers; and (2) Authorize purchase of pump from Godwin Pumps of America, Inc. in the amount of $42,822.12 DISCUSSION: in February of 1996, the Board approved the sole source purchase of a true self-priming pump from Godwin Pumps of America Inc. The patented eiector self-priming aspect of the Godwin, is unique and highly desirable. The nearest competing pump is not available in the 8" size, and is not rated to pass solids up to 3 1/8 inches. District staff is very satisfied with the performance of the Godwin pump purchased in 1996. A second unit working in tandem with the existing one could provide enough pumping capacity to handle the entire (typical) treatment plant flow, should such an emergency arise. The pump will also allow faster dewatering of clarifiers and other treatment units, streamlining maintenance activities, reducing down time and odors. The pump currently used for dewatering is more than 25 years old, and is not self-priming. An additional advantage of matchinq existinq equipment is the ability to exchange parts in an emerqency and stock spare parts efficiently. SCHEDULE: COSTS: $42,822.12 ACCOUNT NO: BUDGETED AMOUNT REMAINING: $40,000.00 ATrACHMENTS: Quote and information from Godwin Pumps of America, Inc. 1006-8331 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: Y ES ,~.~. NO_ CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X 3ul 23 02 03:Olp p.2 Godwin CD 225 M 8" Trailer mounted, Diesel powered with a John Deere 4045T, 99 hp ~ 2200 rpm trash pump. List Price: $ 39,675.00 Your Price: $ 35,707.50 The CD 226 has a 100 us gallon fuel ceil run time is approxnmately ~4 hours ~ 27,00 RPM. The CD225m has a cast Chromium steel Inipeller hardened to minimunl Bfinell 341 BB. Pump casing, suction cover, separation tank, and wear plates m'e Close-g~'ained Cast Iron. The shaft is 1 ½ % nickel/chromium steel. NOTE: Ail attached punip curves are continuous duty. The pump and engine combinations are non-overloading at any point on the curve. Pump is a DR1-PRIME design, with continnously operating patented air ejector priming device requiring no fbrm of periodic adjustment or control. This pump wili continuously sell-prime and requires no priming of the ptmap with water. Pump can run continuously with out water and will automatically re-prime Mien the suction submerges. Notes and clarifications: 1) PAC MACHINE Co., lnc, is the authorized stocking distributor cf the GODWIN Dri-Prime Engine DriYen pumps. We inventory both new pumps and rental pumps. These pumps are designed as Sewer Bypass Pumps. That is the reason for the Dd-Prime Feature. 2) Unlike the specified stemdard self-priming pmnp, there are no lower RPM limitations for the GODWIN CD225M engine driven pmr~p. This provides yom' operators the ability to mn the pumps at idle if required to reduce noise, lower fuel usage, and to balance low flows without the use of a yah,e, and without the concern of damaging the pump or drive coupling. 3) 4) 5) 6) The GODWIN CD225 pump is a true Trash Pump capable of passing solids through a Cast Chromium steel impeller. This impeller is more efficient and much harder then a duclal iron impeller. A steel impeller can be heated to be removed from the shaft for maintenance. The GODWIN self-priming system lifts up to 28 feet using the exclusive Dry-Prime feature. (Maximum stiction lift starts at approx, 1500 RPM vs. full speed for a standard self prime.) The oil bath silicone carbide High-pressure mechanical seals to allow for long periods of dry running and abrasion resistance. Pump can run at snore, (air / water mixture). Jul ~3 O~ O3:Olp - p.3 7) No moving parts in the priming system. Unlike a standard self prime pump, this punlp can be started and the suction hose left in a dry pit in anticipation of water, (i.e. the rains coming!), when the rain comes the pump will prime and draw the water down. A standard self-prime will boil its water out in a few hoars and will not self re-prime. 9) 10) Pump is equipped with a discharge chcck valve, (fitted with drain valve). The GODWIN does not have a recireulation valve to plug; the flow of the waste and solid stream is to the eye of the impeller, with no stream bead off. CIean out is accomplished through the eye suction intake, removable covers are not required. Accessories for the silenced GODWIN CD-225 l) 2) 3) Auto stat1 conti'ol (includes 2x60' floats, 25' plug in cord, and mounting Price: $ 2,601.00 Battery charger (120vac x 12vdc, 2 rate) $ 250.00 Jacket water heater (1500w x 120vat) $ 250.00 1-2 weeks lead time FOB FACTORY * Taxes not included Quote valid for 30 days * The estimated freight charges will be between $ 800.00 - $t,200.00 Pac Machine Co., Inc. will deliver to your location. Pac Machine Co., Inc. will also include training. Thank you for the opportunity to quote tills pump to you. If you have any questions, please do not hesitate to contact me. Sincerely, Pac Machine Co., Inc. Rob Emrich Sales Representative Sparks, NV Jun 20 02 11:51a Pac Machine Co (775)359-0818 ~ Pac Machine Co., Inc. .h_me 20, 2002 550-A VISTA BLVD. SPARKS, NEVADA 89434 TELEPHONE: (775) 359-8500 FAX: (775) 359-0818 User List of Godwin's References City of Iona Contact: Mark Schimmin, Waste Water Supervisor Phone: 209-274-2234, ext 4 City of Antioch Contact: Pat Scott, Waste Waster Superintendent ?hone: 925-779-6952 City of Modesto Contact: Monty Williams, Maintenance Supervisor Phone: 209-577-6388 Contact: Allen Cosby, Waste Water Collection Supervisor Phone: 209-577-6222 8570 23rd AVENUE . SACRAMENTO, CALIFORNIA 95826" (916)387-1336 · FAX (916)387-1380 BAYAREA. (925) 837-8251 · FAX (925) 837-0978 PHILADELPHIA SEWER REPLACEMENT A WORK OF ART ~"~'acing a task that might have daunt, ed even 'V4 Rocky, engineers from Philadelphias Water -~ Department needed to replace the deteriorat- ing Central Schuylkill east side intercepting sewer line running beneath the city's famed Art Museum. They decided to install a parallel sewer line and use the existing sewer as an overflow line. To accomplish the task in this busy area -- besides the museum and the historic Waterworks building, there are also a number of boat houses for the area's university rowing teams located along the eastern bank of the Schuylkill River, and the adja- cent Kelly Drive is a major commuter thoroughfare -- they needed to address a couple of concerns. One was the sheer volume of water. Up to 29 mil- lion gallons per day (mgd) passed through the line. Ihe length of the new sewer line was also a factor. It would have to run approximately 1,100 feet. The solution to these concerns was to pro- vide a bypass system that would reroute the waste water around the construction area, froIu a sump created just upstream of the new overflow connec- tion to a point beyond a new distribution box that would connect the new sewer with the existing sewer. With the bypass in place, the construction crew could work in dry, uninterrupted conditions with greater safety and efficiency while they built a distribution box and tied in the interception line. City engineers, working with the two prime contractors, Kenny Construction Co. and Driscoll Construction Co., and with Godwin Pumps of America, Inc., utilized a bypass system built around eight Godwin Dri-Prime® DPC300 12-inch diesel- driven pumps, six primary units and two units as backups. The capacity of the system is more than 35 mgd, which leaves a cushion for rain events. Godwin Dri-Pr~me Pumps were chosen because the volume of water and the length of the bypass lines required exceptional reliability. They are also cost- effective, with lower operating costs and manpower requirements for their operation. CASE HISTORIES are published by Godwin Pmnps of America, Inc., Bridgeport, NJ. All articles and photos published in CASE HISTORY are the sole property of Godwin Pumps of America, Inc. The Godwin Dri- Prime pumps automatically self-prime and can run dry if necessary. These are impor- tant features because sewer flow can be intermittent and pumps in some sewer bypass systems can occasionally see little or no water flow, although that was not a factor in this project since the main interceptor line flows contin- uously. The Godwin pumps can also pass solid materials up to 3.5 inches. The pumps fed into four 18-inch lines running parallel from the pump location to the end of the construction area. Three of the lines discharged into the sewer via 20-inch diameter core drills and the last line discharged into a manhole located just beyond the Spring Garden Street bridge. The 18-inch discharge lines were made of HDPE pipe, which Godwin Pumps supplies in 50- foot lengths that the co~npany's fusion technicians cut and weld on the job site to meet project requirements. "It makes for a dean system," says Godwin Pumps Sales Manager Michael Delzingaro. "The pipe is strong, allows runs of any length, requires little mainte- nance, and, when the job is finished, it can be easily disas- sembled and reused. This installation is a major under- taking," he continues. ~Godwin Pumps is the only rental equipment supplier who has the resources and the abili- ty to kandle a project of this size. Our Dri-Prime DPC300 pumps are recognized as industry standards." Bids for the project were let out in mid- 1999. Initial work began shortly after as Kenn3 Construction Co. did the tunneling for the ney sewer line. Driscoll began its part, setting up th, bypass system and constructing the new distribu tion boxes in April, 2000. Work was completed o this phase in Summer 2000. When the project: complete, the bike path will be restored for pun use~ "People will be able to enjoy the area again i comfort," Delzingaro adds. "They'll never kno we've been here." g dwin pumps CORPORATE OFFICE One Floodgate Road Bridgeport, NJ 08014 Tel: (856) 467-3636 Fax: (856) 467-4841 E-mail: sales@godwinpumps.c°m http://www, godwinpumps.c°m Norwich, CT (860) 889-2343 Hampstead, NH (603) 887-5550 Boston, MA (617) 367-3354 Syracuse, NY (315) 536-2317 Buffalo, NY (716) 344-3156 New York Metro (201) 858-8850 Pittsburgh, PA (412) 299-7870 Wilmington, DE (302) 656-9144 Washington, DC (301) 390-3806 Chicago, IL (708) 889-1560 Charleston, WV (304) 984-0200 Virginia Beach, VA Richmond. VA (80' Raleigh, NC (919) Charlotte, NC (70' N. Charleston, SC Atlanta, GA (770) Houston, TX (281 San Antonio, TX ( Helena, MT (406) Los Angeles, CA ( Consent Item SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" ho Robert G. Baer General Manager Duane Wallace, President Cathie Becker, Director I BOARD MEMBER Richard Solbdg, Assistant Manager II~ / ' ' James R. Jones, Vice President Mary Lou Mosbacher, Director Edc W. Schafer, Director SPECIAL MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 20, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in Special Session on June 20, 2002, 1:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becker, Jones, Schafer, Mosbacher ROLL CALL STAFF: Baer, Sharp, Hussmann, R Johnson, Attorney Kvistad 1:00 P.M. ADJOURNMENT TO CLOSED SESSION 1:50 P.M. RECONVENE TO OPEN SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Sec- tion 54957.6(a)/Conference with Labor Negotiators - Agency Negotiators: Robert BaerlGeneral Manager, Management Commit- tee; Employee Organization: Inter- national Union of Operating Enqineers, Stationary Local 39 SPECIAL BOARD MEETING MINUTES - JUNE 20, 2002 No reportable Board action. No reportable Board action. Moved Schafer / Second Becker / Wallace Abstained Passed to approve the 2002-03 litigation budget as submitted. This item will be discussed at the Regular Board Meeting, this date. No reportable Board action. This item will be discussed at the Regular Board Meeting, this date. No reportable Board action. PAGE-2 Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defen- dants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel-Existing Litigation: STPUD vs. ARCO, et al, San Fran- cisco County Superior Court Case No. 999128 2002-03 Liti.qation Budget Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel- Existing Litiga- tion: F. Heise Land & Live Stock Company vs. STPUD and Does 1 through 10, Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel- Existing Litiga- tion: F. Heise Land & Live Stock Company vs. STPUD and Does 1 through 10, Inclusive; Alpine County Superior Court Case No. C18733 SPECIAL BOARD MEETING MINUTES - JUNE 20, 2002 This item will be discussed at the Regular Board Meeting, this date. No reportable Board action. This item will be discussed at the Regular Board Meeting, this date. No reportable Board action. This item will be discussed at the Regular Board Meeting, this date. No reportable Board action. 1:50 PM. PAGE - 3 Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel- Existing Litiga- tion: STPUD vs. F. Heise Land & Live Stock Company Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc. CiV. S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA Pursuant to Government Code Sec- tion 54956.9(c)/Conference with Legal Counsel-Anticipated Litiga- tion (one case) Pursuant to Government Code Sec- tion 54956.9(a)/Conference with Legal Counsel- Existing Litiga- tion: STPUD vs. Lakeside Park Association, et al, County of El Dorado, Superior Court Case No. SC20010165 ADJOURNMENT Duane Wallace, Board President South Tahoe Public Utility District AFl'EST: Kathy Sharp, Clerk of Board South Tahoe Public Utility District Consent Item i. SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Duane Wallace, President BOARD MEMBER James R. Jones, Vice President REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 20, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 20, 2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becket, Jones, Schafer, Mosbacher. ROLL CALL STAFF: Baer, Sharp, Henderson, Schroeder, Hoggatt, Thiel, Attorney Kvistad GUESTS:, Judy Brown/City Council Liaison, Jennie Piccolo/ Robertson & Benevento Consent Item c. was brought forward for discussion prior to Board action. Moved Mosbacher I Second Wallace / Passed Unanimously to approve the Consent Calendar as amended: CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR a. Computer Purchases - Authorized purchase of budgeted computers in an amount not to exceed $76,300 (including tax); REGULAR BOARD MEETING MINUTES - JUNE 20~ 2002 PAGE - 2 b. 2002-2003 Chlorine Supplies - Awarded contract to the lowest responsive, responsible bidder, Pioneer Americas, LLC, in an estimated amount of $72,574.40; c. See Consent Items Brought Forward; d. California Tahoe Conservancy License Agreement - Authorized execution of license agreement for access to sewer line; e. Approved Regular Board Meeting Minutes: May 16, 2002; f. Approved Public Hearing Mintues: May 16, 2002; g. Approved Regular Board Meeting Minutes: June 6, 2002. CONSENT CALENDAR (continued) ITEMSFOR BOARD ACTION Jim Hoggatt reported the District, Lahontan, TRPA, and the USFS still have not decided which route alternative will be selected. Hoggatt requested a Special Board Meeting be held to allow for more time. B-LINE: PHASE 3 No Board action. Jim Hoggatt reported staff is currently evaluating two bids SLUDGE HANDLING AND ODOR that were received for the project, both of which significant- CONTROL FACILITIES ly exceeded the engineers estimate. Hoggatt stated additional time is needed to determine if any planned engineering project(s) can be delayed in order to accom- modate this project. He requested this item be included for consideration at the Special Board Meeting requested above. No Board action. Staff requested to sole source purchase a vehicle, equip- ment, and installation to upgrade the District's existing collection system TV equipment. The District's existing state-of-the-art TV, tractor, drive system, controls, and various support equipment will be installed in the new vehicle. The District needs to update the data collection REPLACEMENT OF TV VEHICLE NO. 63 REGULAR BOARD MEETING MINUTES - JUNE 20, 2002 PAGE - 3 system so that it will be compatible with the Hansen software maintenance system. A new vehicle designed to accommodate the existing equipment and the new data collection equipment is needed. CUES can provide a vehicle, specially designed by them and modified by the manufacturer, to accommodate the necessary equip- ment. By utilizing the existing equipment, the District will realize a savings of approximately $56,800 over the cost of purchasing a completely new TV unit. The present TV vehicle is not in good mechanical condition and will be surplused. Moved Wallace / Second Jones / Passed Unanimously to: (1) Authorize exception to the formal bidding proce- dures as authorized in the purchasing policy for sole source purchases; and (2) Approve purchase of TV truck and components from CUES in the amount of $63,200 plus tax. REPLACEMENT OF TV VEHICLE NO. 63 (continued) CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION The District's position paper is a move toward formalizing many verbal agreements or proposals with the Joint Powers Authority (JPA) in regards to easement agreements and responsibilities for construction and maintenance costs for the Al Tahoe access road. AL TAHOE ACCESS ROAD (Consent Item c.) John Thiel will modify the paper to accurately state main- tenance responsibilities. He will also clarify that the District has access to use the property, not just access to it. Moved Mosbacher / Second Schafer / Passed Unanimously to approve the District's position paper to be sent to El Dorado County / Joint Powers Authority and authorize minor adjustments be made to the position paper as described above. ITEMS FOR BOARD ACTION The District prepared a Negative Declaration for the pro- ject which was circulated for public and agency review and comment for thirty (30) days ending June 10, 2002. A public meeting was also held May 29, 2002. No comments have been received to date. SLUDGE HANDLING AND ODOR CONTROL FACILITIES REGULAR BOARD MEETING MINUTES - JUNE 20? 2002 PAGE - 4 Moved Schafer / Second Jones / Passed Unanimously to: (1) Approve the findings and certify the Negative Declaration of Environmental Impact; and (2) Authorize the filing of the Notice of Determination and De Minimis Impact Finding. SLUDGE HANDLING AND ODOR CONTROL FACILITIES (continued) No public comments were received regarding this item. Moved Jones / Second Becker / Passed Unanimously to approve payment in the amount of $629,274.95 Executive Committee: The committee met June 17 in closed session regarding union negotiations. PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMI'I-rEE REPORTS Water and Wastewater Operations Committee: The committee met June 17. Minutes of the meeting are available upon request. President Wallace reported a lot of time has been spent on the SMUD certification process in Sacramento, and on Project 184, He has been tentatively asked to bring bring Alpine County and El Dorado Irrigation together and help resolve their issues with Project 184. General Mana,qer: Robert Baer reported on two items: EL DORADO COUNTY WATER AGENCY PURVEYOR REPRE- SENTATIVES REPORT GENERAL MANAGER REPORTS 1) The El Dorado Water Purveyors Association will meet on July 2 to discuss how the purveyors can best work with the El Dorado County Water Agency. 2) The responsibility for sewer laterals is being reviewed by staff. General Counsel: Gary Kvistad reported the final TMDL comment letter is ready to be issued to Lahontan. Lahontan will discuss this at their July 10 meeting. 2:25 P.M. ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR SESSION 3:05 P.M. REGULAR BOARD MEETING MINUTES - JUNE 20, 2002 PAGE - 5 ACTION I REPORT ON ITEM DISCUSSED DURING CLOSED SESSION This item was discussed at the 1:00 p.m Special Board meeting, held this same date. No reportable Board action. This item was discussed at the 1:00 p.m. Special Board meeting, held this same date. No reportable Board action. This item was discussed at the 1:00 p.m. Special Board meeting, held this same date. No reportable Board action. No reportable Board action. No reportable Board action. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators - Agency Negotiators: Robert Baer/General Manager, Management Committee; Employee Organization: Inter- national Union of Operating Engineers, Stationary Local 39 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastem District of California Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. ARCO, et. al., San Francisco County Superior Court Case No. 999128 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18733 REGULAR BOARD MEETING MINUTES - JUNE 20, 2002 PAGE - $ No reportable Board action. No reportable Board action. No reportable Board action. 3:05 P.M. Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CiV. S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation {one case) Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Associa- tion, et al, County of El Dorado, Superior Court Case No. SC20010165 ADJOURNMENT Duane Wallace, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Consent Item j. RobeR G. Baer, General Manager I I I I ' I1' Duane Wallace, President BOARD MEMBERS Richard Solbrig Assistant blanag~r James R. Jones, Vice President Cathie Becker, Director Ma~ Lou Mosbacher, Director Edc W. Schafeq Director .... I ~1 ' ' II SPECIAL MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 27, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a Special Session at 2:00 p.m. on June 27, 2002, District Office, 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becker, Jones, Schafer, Mosbacher ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Cocking, R. Johnson, Hoggatt, Curtis. Attorney Kvistad participated via teleconference. ITEMS FOR BOARD ACTION The District, Lahontan, TRPA, and the USFS still have not decided which route alternative will be selected. District staff and consultants have received numerous comments concerning the Administrative Draft Environ- mental Report. Agency staffs want the answers to these questions before the Draft Environmental Report is issued publicly. In order to do that, publication of the Environmental Report will have to be delayed by at least three months. B-LINE: PHASE 3 SPECIAL BOARD MEETING MINUTES - JUNE 27, 2002 Richard Solbrig and Jim Hoggatt presented several options for discussion, all of which vary greatly depending upon which route is selected. Concerns were expressed by Board members and staff that the project could be delayed until 2004. The delay would result in operating the existing old pipeline and increase the potential for failure. In 1996, a technical advisory committee examined the condition of the pipe- line and concluded only five more years life for this section of pipeline could be expected. Rhonda McFarlane also pointed out that due to previous environmental concerns, the District had requested an extension from EPA to 2003 to meet the timeline required to match the grant by EPA. If the project is further delayed, another extension must be requested to 2005. The Board directed staff to send a letter to the agencies documenting concerns about delaying the construction of the project. No Board action. The pre-bid meeting for this project, held on June 4, was attended by five general contractors. Bids were opened on June 18. Two bids were received, both of which were considerably higher than the engineeds final estimate and significantly higher than what was budgeted. Discussion was held regarding the three options Richard Solbrig and Jim Hoggatt presented for the Board's consideration. Moved Jones / Second Schafer / Passed Unanimously to award bid to the lowest responsive, responsible bidder, Pacific Mechanical Corporation, in the amount of $7,744,000. The unbudgeted amount will be funded from the capital reserves. PAGE-2 B-LINE: PHASE 3 (continued) SLUDGE HANDLING AND ODOR CONTROL FACILITIES 2:55 P.M. ADJOURNMENT SPECIAL BOARD MEETING MINUTES - JUNE 27, 2002 PAGE - 3 Duane Wallace, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of Board South Tahoe Public Utility District Consent Item SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert G. Baer, General Manager Duane Wallace, President BOARD MEMBER Richard So!bdg, Assistant Manager James R. Jones, Vice President Cathie Becker, Director Mary Lou Mosbacher, Director II I I' Edc W. Schafer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JULY 3, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility Distdct met in a regular session, July 3, 2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Jones, Mosbacher. Director Becket arrived at 4:20 p.m. Director Schafer was absent. ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Bird, Coyner, Henderson, W. Stanley, Hussmann, Thiel, Rasmussen, Hoggatt, Attorney Kvistad GUESTS: Denise Phitts/Court Reporter Moved Mosbacher / Second Wallace / Passed Unanimously to approve the Consent Calendar as submitted: CONSENT CALENDAR a. Glenwood Well Replacement Project - Approved proposal from Western Botanical Services, Inc.; for the revegetation for the Glenwood Well in the amount of $2,650; REGULAR BOARD MEETING MINUTES - JULY 3, 2002 PAGE - 2 b. Rejected Liability Claim Received by Mr. Rey Espiritu, APN 25-232-07-005-01; c. Export B-Line: Phase 3 - Approved Task Order No. 53B to Carollo Engineers in the amount of $9,430; d. Approved Special Board Meeting Minutes: June 14, 2002. President Wallace presented the Finance Division with a plaque from the Government Finance Officers Assoc- iation for an Award of Excellence in Financial Reporting for Comprehensive Annual Report (CAFR) for the Fiscal Year Ended June 30, 2001. Rhonda McFarlane and District staff members were acknowledged for their contributions to the report. CONSENT CALENDAR (continued) GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD ITEMS FOR BOARD ACTION The District and Union negotiating teams have reached agreement on compensation, benefits, and workplace issues for the new four-year contract term. Union members ratified the proposed contract on June 26, 2002 by a 2/3 vote. The MOU will become effective July 4, 2002. All staff members who played a role were thanked for their participation. Moved Jones / Second Mosbacher / Becker and Schafer Absent / Passed to authorize ratification of MOU with International Union of Operating Engineers, Stationary Local 39, AFL-CIO. The District is planning to construct a 210,000 gallon welded-steel water tank on a new foundation that was completed last year. Two bids were opened at the July 2 bid opening. John Thiel recommended two minor bid irregularities be waived: the contractor took the bid book apart; and inadvertently re-entered the bid amount under the Sheeting and Shoring item. Moved Jones / Second Mosbacher / Becker and Schafer Absent / Passed to award contract to the lowest, respon- sive, responsible bidder, Spiess Construction Co., Inc. in the amount of $139,325.00, and to waive the minor bid irregularity described above. MEMORANDUM OF UNDERSTANDING (MOU) FOR UNION EMPLOYEES GARDNER MOUNTAIN TANK CONSTRUCTION REGULAR BOARD MEETING MINUTES - JULY 3, 2002 PAGE - 3 Overlay on Highway 89 failed last winter due to a combina- ion of overlay thickness of only one-inch, and the asphalt mix specified in the contract documents. District staff has negotiated cost reductions with the contractor and subcon- tractor. Moved Wallace / Second Jones / Becket and Schafer Absent / Passed to approve purchase order to White Rock Construction to replace overlay on Highway 89 at Luther Pass in the amount of $112,750.16. Moved Mosbacher / Second Jones / Becker and Schafer Absent / Passed to approve payment in the amount of $1,555,536.43. 2:26 P.M. - 2:40 P.M. Director Schafer participated in this discussion via teleconference. Copies of documents and maps used at the meeting were distributed to Director Schafer in advance. The Alpine Superior Court has ordered the District's Board of Directors to clarify its understanding and knowledge with respect to the relative locations and sizes of the property, Alpine County School property, and surrounding properties at the time the Board of Directors adopted the Negative Declaration for acquisition of the property on November 1, 2001. Hal Bird and Attorney Kvistad displayed and reviewed several maps and resources the Board has observed and reviewed during various meetings, open houses, work- shops, tours, and site visits over the year proceeding the November 1, 2001 meeting. Board members affirmed their familiarity with each exhibit and confirmed their know- ledge relating to the proposed property locations and sizes, Alpine County School property, and surrounding properties. Stacy Naria [sp], on behalf of Clarence Burr, received clarification that these maps and resources being reviewed with the Board have been displayed in public on many occasions. EXPORT BILINE: PHASE 2 PAYMENT OF CLAIMS MEETING BREAK ENVIRONMENTAL REVIEW FOR PROPOSED PROPERTY ACQUISITION REGULAR BOARD MEETING MINUTES - JULY 3, 2002 PAGE - 4 3:35 P.M. - 3:45 P.M. Attorney Kvistad read aloud the first of two resolutions for the Boards consideration. Moved Jones / Second Mosbacher / Becket Absent / Passed to accept Resolution as written and read clarifying the Board of Directors findings related to adoption of a Negative Declaration of Environmental Impact for acquisi- tion of property as ordered by the Alpine Superior Court. Attorney Kvistad read aloud the second resolution for the Boards consideration. Moved Wallace / Second Jones / Becket Absent / Passed to accept Resolution as written and read clarifying the Board of Directors findings related to adoption of a Negative Declaration of Environmental Impact for acquisi- tion of property as ordered by the Alpine Superior Court. 4:45 P.M. - Director Becker arrived at this point in the meeting. Robert Baer reported on the fire at the base of Heavenly Valley near the gondola. The fire began at 12:30 p.m. today and is spreading. The District has tanks in that area; employees have responded and are aiding fire fighting efforts. 4:40 P.M. 5:05 P.M. MEETING BREAK ENVIRONMENTAL REVIEW FOR PROPOSED PROPERTY ACQUISITION (continued) GENERAL MANAGER REPORT ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators - Agency Negotiators: Robert Baer/General Manager, Management Committee; Employee Organization: Inter- national Union of Operating Enqineers, Stationary Local 39 REGULAR BOARD MEETING MINUTES - JULY 3~ 2002 PAGE - 5 No reportable Board action. No reportable Board action. No reportable Board action. No reportable Board action. No reportable Board action. Pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel - Existing Litigation: STPUD vs. John Breese Memford, et. al. El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18733 Pursuant to Govemment Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV. S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. ARCO, et. al., San Francisco County Superior Court Case No. 999128 REGULAR BOARD MEETING MINUTES - JULY 3, 2002 PAGE - 6 No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Associa- tion, et al, County of El Dorado, Superior Court Case No. SC20010165 5:05 P.M. ADJOURNMENT Duane Wallace, Board President South Tahoe Public Utility District A'I-I-EST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District