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08.j. SLO Sanitation District FOG andSSMP Audit Programs2 lNCORWRITE0 & @ C JULY 10. 1011 + '4 I F .RH'~ MEMORANDUM TO: CITYCOUNCIL FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE SERVICES 0.f BY: SHANE TAYLOR, MAINTENANCE SERVICES SUPERVISOR SUBJECT: CONSIDERATION OF A MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT TO MANAGE THE FOG CONTROL AND SSMP AUDIT PROGRAMS DATE: JULY 10,2012 RECOMMENDATION: It is recommended that the Council approve a two year Member Agency Agreement for the South San Luis Obispo County Sanitation District (SSLOCSD) to continue to manage the FOG (Fats, Oils, Grease) control program and SSMP (Sewer System Management Plan) audits. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: In FY 201 1-12 the City's cost per the agreement was $21,000, which included the cost for the audit. The cost of the proposed agreement is estimated at $18,000 for FY 201 211 3 and $21,000 for FY 201 311 4. The $3,000 fluctuation in price covers the cost for the required biennial audit, which will be required in FY 2013-14. Funding is included in the FY 201 2-1 3 Sewer Fund Contractual Services account (61 2-461 0-5303). Funding will need to be allocated in the FY 2013-14 Budget. The estimated staff hours required to implement the recommendation is twenty (20) hours per year. BACKGROUND: The State Water Resources Control Board (SWRCB) issued GWDR Order No. 2006- 0003-DWQ in 2006. The order was amended by Order No. WQ 2008-0002-EXEC in 2008. Both orders required the creation and implementation of an SSMP by August 2009 for Arroyo Grande and Grover Beach, and by May 2010 for the Oceano CSD. SSMPs are required to be formally audited a minimum of every two (2) years and completely updated every five (5) years. The City is in compliance with the orders and the SSMP was audited in May of this year. Agenda Item 8.j. Page 1 CITY COUNCIL CONSIDERATION OF MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT JULY 10,2012 PAGE 2 SSLOCSD provides wastewater treatment and trunk sewer collection services to the City of Arroyo Grande, City of Grover Beach, and the Oceano Community Services District. The service area is 9.45 square miles and supports an approximate population of 38,000. The SSLOCSD has been administering the City's Fog ControlProgram since 2007. Implementation of the FOG Control Program in the City has resulted in a noticeable decrease in the levels of FOG in the sewer collection system by maintenance workers. The results of the programs have been excellent, and compliance with FOG Control Program requirements has been achieved. Staff recommends that a new two- year agreement with SSLOCSD be approved, based on price, knowledge, past performance and experience in managing the FOG Control and SSMP Programs. ANALYSIS OF ISSUES: This funding will provide for the administration of the FOG Control Program, specifically coordinating with the Member Agencies for permitting, inspections and program compliance. 'The funding will also provide for General Waste Discharge Requirements (GWDR) support consisting mainly of updates and biennial audits to the City's Sewer System Management Plan (SSMP). The SSMP is a requirement under State Water Board GWDR Order No. 2006-0003-DWQ which was amended by Order No. WQ 2008- 0002-EXEC. Tables depicting approximate program funding by Member Agencies are provided below. Member Agency City of Arroyo Grande 1 54 1 154 1 48 1 202 1 $18.000 I FOG Facilities Included FOG Program Hours City of Grover Beach Oceano Community Services District Estimated Facilities and Hours SSMP Hours 54 16 124 Estimated FOG and SSMP Program Hours 154 49 357 Estimated Annual Program Costs 48 48 144 202 97 Estimated FOG and SSMP Program Costs $ 18,000 $9,000 $45,000 Agenda Item 8.j. Page 2 CITYCOUNCIL CONSIDERATION OF MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISPO COLINTY SANITATION DISTRICT JULY 10,2012 PAGE 3 Member Agency 1 FOG Facilities Included 'The decision to have the SSLOCSD create, implement, and manage the FOG Control Program and SSMP is driven by the fact that there were expensive, duplicative efforts by each of the member agencies. The work to be accomplished was best served if consolidated into one entity. Additionally, the FOG Control Program and SSMP work is sporadic and does not lend itself to a full or part time position. City of Arroyo Grande City of Grover Beach Oceano Community Services District Estimated Facilities and Hours The cost of the program is reimbursed proportionately by the Member Agencies of the District based upon the number of businesses in the FOG Program and the amount of support needed to meet the 2006 and 2008 State Water Board General Waste Discharge Requirements (GWDR). The agreement is for two (2) years and the FY 201 2-1 3 current breakdown and cost estimate is as follows: 40% City of Arroyo Grande ($18,000), 4O0lO City of Grover Beach ($18,000) and 20% Oceano Community Services District ($9,000) for a total of $45,000. The current breakdown and cost estimate for FY 2013-14 is approximately 40% City of Arroyo Grande ($21,000), 40% City of Grover Beach ($21,000) and 20% Oceano Community Services District ($1 1,500) for a total of $53,500. This cost distribution will be reviewed on an annual basis and may increase or decrease as warranted. FOG Program Hours ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the attached Member Agency Agreement; - Modify as appropriate and approve the Member Agency agreement; - Do not approve the agreement and direct staff prepare a request for qualification for distribution to contractors; or - Provide direction to staff. * SSMP Hours are greater than FY 2013-14 due to SSMP biennial audit requirement due that year for all Member Agencies. 54 54 16 124 'SSMP Hours 154 154 49 357 Estimated FOG and SSMP Program Hours Estimated Annual Program Costs 78 78 78 234 232 232 127 Estimated FOG and SSMP Program Costs $ 21,000 $ 21,000 $11,500 $53,500 Agenda Item 8.j. Page 3 CITYCOUNCIL CONSIDERATION OF MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT JULY 10,2012 PAGE 4 ADVANTAGES: Approval of the Member Agency Agreement will allow for continued implementation of the City's SSMP and FOG Program. DISADVANTAGES: No disadvantages have been identified by staff. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, July 5, 2012. The Agenda and report were posted on the City's website on Friday, July 6, 2012. No public comments were received ." Attachments: 1. Member Agency Agreement Agenda Item 8.j. Page 4 ATTACHMENT 1 MEMBER AGENCY AGREEMENT IN REGARDS TO COMPLIANCE WITH STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS STATE WATER RESOURCES CONTROL BOARD ORDERS No. 2006-0003-DWQ and 2008-0002-EXEC This Agreement reached this 15' day of Julv , 2012 between the SOUTH SAN LUlS OBISPO COUNTY SANITATION DISTRICT and the ClTY OF ARROYO GRANDE, the ClTY OF GROVER BEACH and the OCEAN0 COMMUNITY SERVICES DISTRICT. WHEREAS, the SOUTH SAN LUlS OBISPO COUNTY SANITATION DISTRICT (DISTRICT) service area encompasses the cities of Arroyo Grande and Grover Beach and the Oceano Community Services District (MEMBER AGENCIES); and, WHEREAS, the DISTRICT provides wastewater treatment services for the residents of these MEMBER AGENCIES; and, WHEREAS, the STATE WATER RESOURCES CONTROL BOARD (SWRCB) has adopted Waste Discharge Requirements, State Water Resources Control Board Orders No. 2006-0003-DWQ and 2008-0002-EXEC (SWRCB Orders), for the MEMBER AGENCIES; and, WHEREAS, amongst those Waste Discharge Requirements is the development and implementation of a Sewer System Management Plan (SSMP) by each MEMBER AGENCY; and, WHEREAS, a Fats, Oils, and Grease (FOG) Control Program and SSMP Program Audits are mandatory elements of the SSMP; and, WHEREAS, SSMP Program Audits consist of, at a minimum, biennial audits on the effectiveness of and compliance with the SSMP, and the preparation of an audit report to be kept on file; and, WHEREAS, the DISTRICT has experience in the development and implementation of FOG Control Programs, program audits, and report preparation; and, WHEREAS, it is recognized there would be cost savings due to the DISTRICT'S experience in the development and implementation of FOG control programs, and it is further recognized there would be a cost savings achieved were the DISTRICT to perform the SSMP Program Audits and prepare the reports for the MEMBER AGENCIES. NOW, THEREFORE, it is agreed by and between the parties hereto in regards to compliance with SWRCB Orders, attached as Exhibit A as follows: 1. The DISTRICT will continue to develop and implement a FOG Control Program for each MEMBER AGENCY. 2. The DISTRICT will inspect food service establishments as required in each Agency's SSMP. 3. The MEMBER AGENCIES will collect Notice of Violation fees in the amount adopted by resolution by the District. FOG Notice of Violation fees will be used to offset the costs of the FOG Control Program to the MEMBER AGENCIES. Agenda Item 8.j. Page 5 4. The DISTRICT will report FOG inspection findings to each MEMBER AGENCY at the beginning of each month if the Agreement is renewed. 5. The DISTRICT will perform SSMP Program Audits and prepare a report for the files of each MEMBER AGENCY as directed by the State Board Orders. The report will include the status of the FOG control program inspections and overall effectiveness of and compliance with the SSMP by each MEMBER AGENCY. 6. Each MEMBER AGENCY agrees that it is responsible for all other compliance requirements imposed by the SWRCB Orders, copies of which are attached hereto as Exhibit A and incorporated by reference. 7. Each MEMBER AGENCY is responsible for the District's actual cost in administering the FOG Control Program, inspections, SSMP support, SSMP Program Audits and report preparation described in this Agreement. It is anticipated that in FY 2012-13 and FY 2013-14 the District will be reimbursed by each MEMBER AGENCY for it's pro rata cost based upon the number of facilities in the program as described in this Agreement in the amount not to exceed the costs outlined below. In subsequent years, if the Agreement is extended, the cost will continue to be prorated based on the number of facilities inspected that year. Member Agency FOG Facilities Included City of Arroyo Grande Member Agency FOG Control Program Hours City of Grover Beach Oceano Community Services District Estimated Facilities and Hours 54 City of Arroyo Grande 1 54 1 154 178 1 SSMP 54 16 124 FOG Facilities Included 154 I I I I I Oceano Estimated FOG and SSMP Program Hours 154 49 357 FOG Control Program Hours City of Grover Beach Estimated Annual Program Costs 48 48 48 1 44 *SSMP 54 Community Services District Estimated 202 154 1 78 1 232 1 $21,000 1 Facilities and Hours $ 18,000 202 97 Estimated FOG and SSMP Program Costs Estimated FOG and SSMP Program ours 16 $ 18,000 $9,000 $45,000 Estimated Annual Program Costs 124 49 357 78 234 127 Estimated FOG $11,500 and SSMP Program Costs $53,500 Agenda Item 8.j. Page 6 SSMP Hours are greater than FY 2013-14 due to SSMP biennial audit requirement due this year for all MEMBER AGENCIES The terms of this agreement shall be for two fiscal years, subject to biennial renewal based on mutual written agreement of the Parties. Program fees are based upon costs incurred by the DISTRICT. The pro rata share of program costs shall be amended every two years. IN WITNESS WHEREOF, DISTRICT and MEMBER AGENCIES have executed this Agreement the date first written above. SOUTH SAN LUIS OBISPO SANITARY DISTRICT John L. Wallace, District Administrator Approved as to Form: Michael Seitz, District Legal Counsel Agenda Item 8.j. Page 7 CITY OF ARROYO GRANDE Tony Ferrara, Mayor Arroyo Grande Attest: By: Kelly Wetmore, City Clerk Approved as to Form: By: Timothy J. Carmel, City Attorney Agenda Item 8.j. Page 8