Reso 0851-05/1989 RESOLUTION NO. 851
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT ADOPTING AMENDMENTS TO THE
ENCINA JOINT POWERS BASIC AGREEMENT
CENTRALIZING THE INDUSTRIAL PRETREATMENT PROGRAM
WHEREAS, the Vallecitos Water District is a party to the
Encina Joint Powers Basic Agreement entered into on July 13, 1961,
for the acquisition, construction, ownership, operation and
maintenance of the Encina Joint Sewer System; and
WHEREAS, the Federal Water Pollution Control Act of 1972, the
Clean Water Act of 1977 and amendments, the federal General
Pretreatment Regulations (40 CFR 403) of 1978 and amendments, the
California Code of Regulation (Title 23, Subchapter 9) and the
National Pollutant Discharge Elimination System permit for the
Encina Ocean Outfall require that the Encina Joint System service
area have an industrial pretreatment program that complies with
all federal and state regulations; and
WHEREAS, the Thirty-Seventh Supplement to the Basic Agreement,
executed August 1, 1988, created the Encina Administrative Agency '
to administer, manage, operate and maintain the Joint Sewer System
but did not explicitly empower the Encina Administrative Agency to
enforce the Encina Joint System pretreatment program; and
WHEREAS, the General Pretreatment Regulations require that
the Encina Administrative Agency have the legal authority to
enforce the Encina Joint System pretreatment program; and
WHEREAS, the Encina Joint System pretreatment program and
sewer use ordinances must be brought into compliance with the
above-referenced regulations; and
WHEREAS, it is reasonable to charge and bill industrial
dischargers for their respective share of the pretreatment program
costs incurred by the Encina Administrative Agency; and
WHEREAS, there is a desire to centralize the Encina service
area pretreatment program.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the
Vallecitos Water District as follows:
Section 1. Section 27 of the Basic Agreement shall be revised as
follows (note that underlining indicates proposed additions and
strikeover indicates proposed deletions):
"Section 27. RULES AND REGULATIONS CONCERNING USE OF
SEWERS.
Each party to this Basic Agreement shall adopt and
enforce ordinances, resolutions, rules and regulations,
concerning the type and condition of sewage and waste
permitted to be discharged into the sewers under their
control and shall prohibit persons and users of every
kind and nature (including public agencies of all types)
from discharging into such sewers any sewage or waste
which would be detrimental to the Joint System or any
part thereof. Each putty to this Basic Agreemcnt Such
ordinances, resolutions, rules and regulations shall also
.... ~" be consistent with the applicable statutes,
ordinances, rules and regulations of agencies of the
United States of America, State of California, County of
San Diego and any city agency having jurisdiction over
the collection, transmission, treatment and disposal of
sewage and wastes."
Section 2. Section 3.1 of Section 3 (TERMS) of the Thirty-Seventh
Supplement to the Basic Agreement shall be revised as follows:
"3.1 Operator/Administrator. The parties hereby agree
that Leucadia County Water District shall cease to be
the Operator/Administrator of the Joint System, and shall
have no further responsibility for the administration,
operation, or maintenance of said system. The parties
hereby adopt the Joint Exercise of Powers Agreement
creating Encina Administrative Agency attached hereto as
Exhibit "A", appoint the Encina Administrative Agency as
the Operator/Administrator of the Joint System, and
assign to the Encina Administrative Agency the samc
duties and responsibilities formerly assigned to the
Leucadia County Water District under the Eleventh
Supplement to the Basic Agreement."
Section 3. Section 3.3 of Exhibit A to the Thirty-Seventh
Supplement shall be revised as follows:
"3.3. Powers. The Agency shall have the following powers
as needed to fulfill the duties assigned it by the member
agencies pursuant to the Basic Agreement:
3.3.1 To administer, manage, maintain and operate
the Joint System in accordance with sound engineering
practices, including any buildings, works or improvements
comprising part of the Joint System and located either
inside or outside the boundaries of the member agencies;
3.3.2 To make and' enter contracts in connection
with the administration, management, maintenance and
operation of the Joint System;
3.3.3 To employ agents and employees to administer,
manage, maintain and operate the Joint System;
3.3.4 To incur debts, liabilities or obligations
in connection with the aaministration, management,
maintenance and operation of the Joint System;
3.3.5 To sue and be sued in its own name, provided
that the Agency shall not commence or intervene in any
lawsuit without the approval of all of its member
agencies;
3.3.6 To acquire, hold, and dispose of such
equipment as may be reasonably necessary to the proper
administration, management, operation and maintenance of
sewage treatment and disposal facilities;
3.3.7 To file reports associated with the
administration, management, maintenance and operation of
the Joint System;
3.3.8 In an emergency, to reconstruct or cause to
be reconstructed such portions of the Joint System when
reconstruction is immediately required to permit the
Joint System to continue to function;
3.3.9 To maintain at all times with a responsible
insurer or insurers sufficient insurance against loss or
damage to the Joint System or portion thereof, workmen's
compensation insurance, and insurance against public
liability and property damage;
3.3.10 To adopt industrial Dretreatment regulations
that comDlV with federal and state Dretreatment
regulations. The regulations shall include technically
based local limits. shall be followed by each party to
the Basic Agreement, shall apply to industrial
connections within the Encina service area that discharge
or have the potential to discharge into the Encina Joint
Svstemo and shall allow the Agency to take enforcement
action against dischargers that violate the regulations;
3.3.11 To review and amend the industrial
Dretreatment regulations from time to time as the need
arises;
3.3.12 To implement all requirements of the
Dretreatment regulations and all aspects of the Encina
Joint Powers service area Dretreatment promram. including
permitting. inspection. monitoring, reporting, and
enforcement activities, except that industrial
Dretreatment Dermits shall be jointly issued bv the
member agencv in whose jurisdiction the discharger is
located and the Agency;
3.3.13 To charge and bill industrial dischargers
for their respective share of the Agency's cost to
implement the pretreatment regulations, including
application review. permit issuance. sampling,
monitorinG, inspection. and enforcement costs.
If there is any inconsistency between the powers
delegated herein and in the Basic Agreement, the latter
shall control."
Section 4. A new Section 3.4 shall be added to Exhibit A of the
Thirty-Seventh Supplement as follows:
"3.4. Responsibilities of Parties Hereto. In addition
to any responsibilities defined elsewhere in the Basic
Agreement, each party hereto shall be responsible for
each of the following items needed to ensure fulfillment
of the Agency's responsibilities:
3.4.1 Each party hereto shall revise its sewer use
rules, regulations. and ordinances (a) to ensure that
such rules, regulations and ordinances do not conflict
with the AGencv's pretreatment regulations and (b) to
incorporate, by reference or otherwise, the Agency
Dretreatment regulations and any future revisions to said
regulations.
3.4.2 Each partv hereto shall assist the AGencY in
identifYinG discharGers that require pretreatment review
and/or permitting."
Section 5. The existing Section 3.4 of Exhibit A to the Thirty-
Seventh Supplement shall be revised as follows:
"3.~_5. Effective Date. This agreement shall become
effective and the Agency shall be created on the first
day of the first month following authorization of the
execution of this agreement by the last of the governing
bodies of the member agencies. Anv amendment to this
agreement shall become effective on the day of adoption
of a resolution approving the amendment bv the last of
the governing bodies of the member agencies to so act.
In connection with the admission of any additional
public agency after formation of the agency, each of the
existing members and the prospective member or members
shall execute a memorandum specifying the obligations of
the prospective member for contributions toward past or
present Agency expenditures. The conditions of such
admission shall be governed by the Basic Agreement."
Section 6. The existing Sections 3.5 through 3.20 of Exhibit A to
the Thirty-Seventh Supplement shall be renumbered as Sections 3.6
through 3.21.
Section 7. These amendments shall become effective on the day of
adoption of a resolution approving the amendments by the last of
the governing bodies of the member agencies to so act.
Section 8. Following adoption of these amendments, the Encina
Administrative Agency shall issue a clean copy of the amended
portions of the Basic Agreement and its Supplements, deleting the
strikeover text shown herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of
Directors held on the 15th day of May, 1989 by the following
vote, to wit:
AYES: Directors: Burton, Fergus0n, Newport, Mahr
NOES: Directors:
ABSTAIN: Directors:
ABSENT: Directors: Mason
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District