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Staff Report to the Mayor and City Council ICGMPA Date: August 3, 2010 Page 3 Most of these ICSA Group meetings were attended by staff from the members of the ICSA Group. The City was primarily represented in those meetings by Eric Fraser. Once a model was agreed upon, the ICGMPA attached hereto was developed. The ICMGPA agreement does not contain terms much different from the interim agreement, except that the ICMGPA includes the new model and a process to follow in order to start new projects and/or increase pumping and recharge in the area. The more notable areas for the City are Exhibits A- 1, A-2, B-1, B -le, which are the exhibits that set forth the City Pre -approved area, and the portion of Exhibit B which sets forth the amount of pumping by the City that will continue undisturbed. In summary, the ICGMPA agreement provides that the parties like the City can pump up to the amount set forth as a pre -approved activity, which equals the amount the City has been pumping from those wells historically. However, any new projects or increase in pumping or recharge by the City would have to be unanimously approved by the ICGMPA agreement parties following the results of running the new project through the model and a determination that the new project will not affect the remedy. If the model determines that there is an adverse effect on the remedy, the entity asking for approval of a new project can propose mitigation measures that would reduce the perceived adverse effect. The entity requesting approval for a new project must pay the expense of running the model. The ICGMPA agreement of course will still be subject to EPA and DTSC approval, since they oversee the remedy. Therefore, they may have some veto power, but that was true before as well. That veto power may extend not only to the agreement, but to new projects as well. Replacement wells are not subject to this process, and neither are the existing wells recognized as pre -approved activities. The ICGMPA also imposes some meeting requirements, deadlines to present new projects for approval (a six months deadline for notice of replacement wells), alternative dispute resolution methods and procedures for new parties to join. FISCAL IMPACTS No fiscal impact is anticipated to occur from the adoption of the ICMGPA, unless the City decides to engage in a new project that would increase the amount of pumping and or recharge in the area. ALTERNATIVES 1. Reject the proposed draft ICGMPA, which would leave the City vulnerable to the City of San Bernardino ordinance and potentially prevent the City from access to the groundwater model developed as part of the ICSA Group efforts. 2. Provide alternative direction to staff. ATTACHMENTS Institutional Controls Groundwater Management Program Agreement (ICGMPA) RVLIT\PDALLARDA\762141.7