CITY OF LAKEPORT

City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Contracting of Groundwater Monitoring Reports SUBMITTED BY: Mark Brannigan, CLMSD/Utilities Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 08/30/2011

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The CLMSD Board is being asked to authorize the City Manager to enter into an agreement with SHN Consulting Engineers & Geologists, Inc., to produce quarterly monitoring reports from the third quarter 2008 to the fourth quarter 2011. BACKGROUND: A series of wells were installed on the CLMSD spray irrigation fields as required by Waste Discharge Order #98-207 as a means to monitor groundwater constituents to see if groundwater degradation is occurring beneath the facility. The attached map illustrates seven Monitoring Wells (MW-1 through MW-7) and one Background Well (BK-1). In 2004 the Regional Water Quality Control Board issued a Revised Monitoring and Reporting Program which required that quarterly monitoring reports be done by a State Certified Geologist or Engineer. In October 2008 staff provided the State with a Best Practicable Treatment and Control (BPTC) Evaluation Report which concluded that groundwater degradation was not taking place. With the submittal of this report the RWQCB staff was asked to reduce the monitoring requirements from quarterly to bi-annual or annual. This request was made again in January 2009 when the City applied for a revised Report of Waste Discharge by filing Form 200 with the State. The City of Lakeport Sewer District did not renew its contract at the time in an effort to reduce expenditures when the reporting requirements in the permit were unknown. Staff continued to sample and monitor these well facilities while waiting for the State to address the application. On August 3, 2011, the California Regional Water Quality Control Board issued a Notice of Violation (NOV) for delinquent monitoring reports (see attached). The NOV identifies the need for quarterly monitoring reports from the third quarter 2008 to present by September 1, 2011, to avoid a potential $7,961,000 fine. The NOV also provides a provision to provide a report by September 1, 2011, "explaining why the monitoring was not performed and identifying actions that will be taken to assure future monitoring reports will be submitted on time and complete. DISCUSSION: The City of Lakeport Municipal Sewer District staff has continued to provide monitoring for the eight wells throughout the facility, and was waiting on the Regional Board to respond to the request for reduced monitoring. The August 3 NOV is what the Regional Board staff refer to as a "fix it ticket" where they expect CLMSD to take deliberate steps to bring reporting into compliance with permit 98-207 or face a potential administrative civil liability (fine).
Meeting Date: 08/30/2011 Page 1 Agenda Item #II.

To meet the NOV requirement of providing a report by September 1, 2011, to assure current and future monitoring compliance, and have the third quarter 2011 report submitted by November 1, 2011, three engineering firms were contacted to provide proposals that would meet the reporting requirements. AMEC, CH2MHILL, and SHN were contacted and proposals were received by AMEC and SHN. AMEC provided a proposal of $61,100 and SHN proposed a cost of $19,700. OPTIONS: Authorize the City Manager to enter into contract with SHN. Deny request and provide direction to staff. FISCAL IMPACT: None $19,700 Account Number: 4020-930.000 Comments: The cost is within current year's budget. SUGGESTED MOTIONS: Move to authorize the City Manager to enter into contract with SHN.

Attachments:

Notice of Violation dated 08/03/2011 Map depicting location of wells

Meeting Date: 08/30/2011

Page 2

Agenda Item #II.

Matthew Rodriquez Secretary for Environmental Protection

Galifornia Regional Water Quality Control Board

Central Valley Region
Katherine Hart, Chair
1 1

020 Sun Center Drive #200, Rancho Cordova, California 95670-61 14 Phone (916) 464-3291 . FAX (916) 464-4645 http://www.waterboards.ca. gov/centralvalley

Edmund G. Brown Jr.

Govemor

3 August 201

Mark Brannigan City of Lakeport Municipal Sewer District 225 Park Street Lakeport, CA 95453

CERTIFIED MAIL 7010 3090 0001 4843 1940

NOTICE OF VIOLATION FOR DELINQUENT MONITORING REPORTS, CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT WASTEWATER TREATMENT FACILITY, LAKE COUNTY The treatment and disposal of wastewater associated with the City of Lakeport Municipal Wastewater Treatment Facility is regulated Waste Discharge Requirements Order 98-207, and Monitoring and Reporting Program (MRP) 98-207, copies of which are enclosed for your information. The MRP requires that you submit groundwater monitoring reports on a quarterly and annual basis. A review of our records since 1 July 2008 shows that you have not submitted the following monitoring reports:

Monitorinq Report
Third Quarter2008 Monitorinq Report Fourth Quarter 2008 Monitorinq Reoort 2008 Annual Monitorino Reoort First Quarter 2009 Monitorinq Report Second Quarter 2009 Monitorinq Reoort Third Quarter 2009 Monitorino Reoort Fourth Quarter 2009 Monitorinq Report 2009 Annual Monitorino Reoort First Quarter 2010 Monitorino Reoort Second Quarter 2010 Monitorinq Report Third Quarter 2010 Monitorinq Report 2010 Annual Monitorino Report First Quarter 2011 Monitorino Reoort Second Quarter 20'11 Monitorinq Report

Due Date
1 October 2008

1 Februarv 2009 1 Februarv 2009 1 Mav 2009

1 Auoust 2009

1 October 2009

1 Februarv 2009 1 Februarv 2010

1 Mav 2010
1

Auqust2010

1 October 2010

1 Februarv 2011
1 Mav 2011
1 Auoust 2011

The non-submittal of monitoring reports is a serious violation of the WDRs and subjects the City of Lakeport Municipal Sewer District to possible enforcement actions. The Revised MRP was issued pursuant to California Water Code section 13267, which states in part the following: "ln conducting an investigation specified in subdivision (a), the regionat board may require that any person who has discharged, discharges, oris suspecfed of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this sfafe who has discharged, discharges, or is suspecfed of having discharged or discharging, or who proposes to discharge, waste outside of Caldornia Environmental Protection Agency
aD^ D t Kecvclea raDef LCt

Mark Brannigan Lake County

-2-

3 August 201

its region that could affect the quality of waters within its region shall furnish, under penatty of periury, technical or monitoring program repofts which the regional board requires..."

Due to failure to submit the required reports pursuant to section 13267, our next step is to recommend that civil liability (i.e. monetary penalties) be assessed against the City of Lakeport Municipal Sewer District. The maximum liability for delinquent monitoring reports from July 2008 through 3 August 2011 is $7,961,000 as shown in the enctosed table.

However, we may not recommend that our Executive Officer issue an administrative civil liability if the City of Lakeport Municipal Sewer District submits all delinquent monitoring reports, beginning with the Third Quarter 2008 monitoring report, by 1 September 2011. lf the delinquent monitoring reports are not available then by 1 September 2011, the City of Lakeport Municipal Sewer District is to submit a report explaining why the monitoring was not performed and identifying actions that will be taken to assure future monitoring reports will be submitted on time and complete, ln addition, the Third Quarter 2011 Monitoring Report must be submitted on time, by 1 October 2011, Future monitoring reports must be submitted by the due dates in the MRP, and must contain all of the information required by the MRP. We will evaluate your submittals in considering whether to propose issuance of an administrative civil liability complaint. lf you have any questions regarding the need to submit monitoring reports, please call Guy Childs at (916) 464-4648.

WENDY WYELS, Supervisoi' Compliance and Enforcement Section

9r*-?*r-/*---[^

Enclosures: Waste Discharge Requirements Order gB-207 Revised Monitoring and Reporting Program g8-207 Summary of Potential Liability

cc:

Ray Ruminski, Lake County Environmental Heath Department, Lakeport

CIWQS Violation lD Nos: 905501 , 905502, 905503, 90551 5, 90551 6, 90551 7, 90551 g, 90551 g, 905520, 905521 , 905522,905523, 905524,905525, gO57 17 Regulatory Measure lD:
gjc: 3 Aug
11

380527

12

13

14
E AT ST

15

Recap Basin #1

HW 9 Y2

LD PARALLE

11

12 13

1415

MW-1

16

Facultative Treatment Pond #1

MW-2

Facultative Treatment Pond #2 Treated Effluent Storage Reservoir 17

25 25 24 24 23 22 22

21

1720 20 18

21

19

MW-3

DIXON DR

Recap Basin #2

MW-4
Recap Basin #3

Legend

32

MW-5
33

! (
^

Monitoring Well Sprinkler Head Over Land Pipe ACP Force Irrigation Pipe Recycle Force Over Land Valve Ponds & Reserviors

2 Foot Contours
ELEVATION
1342 - 1376 1377 - 1398 1399 - 1424 1425 - 1456 1457 - 1498 1499 - 1606 1607 - 1750

0 250 500 1,000 Feet

34 35

Recap Basin #4 36

MW-6

Y X

Y X

Y X

Y X

37

MW-7
38

City of Lakeport Utilities Department

Lakeport, CA 95453
Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet Geographic coordinate system name: GCS North American 1983 Data Provided by North Star Precision Mapping, LLC Travis Engstrom, President 339 Faulkner Street Mountain House, CA 95391 510-590-7984 tengstrom@nspmaps.com

Data by NSPM, LLC

Drawn By:

Mark Brannigan 8/26/2011

1 inch = 500 feet

Sheet No. 1

Checked by: Date:

MATHEWS RD

STATE HWY 175

BK-1