1998 AGN JAN 13 I12 - Laserfiche WebLink

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CITY OF COLTON f - AGENDA REPORT For the Council Meeting of January 13, 1998 TO: HONORABLE MAYOR AND CITY COUNCIL APPROVAL: LEN WOOD, INTERIM CITY MANAGER FROM: THOMAS K. CLARKE, UTILITY DIRECTO SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND THE CITY OF COLTON GOVERNING INDUSTRIAL WASTE PROGRAM ADMINISTRATION JANUARY 5, 1998 BACKGROUND: When the California Regional Water Quality Control Board, Santa Ana Region, issued- NPDES Permit No. CA 8000304 and Order No: 93-45 establishing waste discharge requirements for the RIX facility, one of the permit requirements was that the RIX JPA promulgate and enforce industrial source control through pretreatment programs in each respective jurisdiction. An inter -agency contractual agreement to effectively implement and enforce the pretreatment programs in each party's respective jurisdiction was required by the Regional Board. Consequently, special legal counsel, Woodruff, 'Spradling, and Smart, developed a proposed Memorandum of Understanding which was approved by the RIX JPA Board on October 1997. On. October 29, 1997, the California Regional Water Quality Control Board, Santa Ana Region, approved the Memorandum of ;Understanding as well. The City of Colton then reviewed the MOU and made changes,which were acceptable to San Bernardino Water Department staff.- The MOU was then presented to and accepted by the San Bernardino Board of Water Commissioners on December 16, 1997. The MOU is an, agreement that each City will have the authority to enter the other's jurisdiction and enforce sewer pretreatment programs in place. In the event that either party determines that such a need has arisen, that party is obligated to advise both the offending party and the RIX JPA. Written notice of planned enforcement action is also made a prerequisite. Only after the offending party has failed to comply with the notice, will the enforcing party enter the other's jurisdiction and enforce the pretreatment requirements. This provision was a concession to the City of Colton, which insisted on a disincentive for one party to "jump the gun" on enforcement. DISCUSSION/ANALYSIS Attached is the Memorandum of Understanding between the City of Colton and the City of San Bernardino. This MOU is a requirement of the existing NPDES permit issued by the California Regional Water Quality Control Board, Santa Ana Region. Page 1 of 2 Item # 12