083011 Lakeport City Council - Groundwater Monitoring

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Meeting Date: 08/30/2011 Page 1 Agenda Item #II.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Contracting of Groundwater Monitoring Reports MEETING DATE: 08/30/2011

SUBMITTED BY: Mark Brannigan, CLMSD/Utilities Director

PURPOSE OF REPORT: Information only Discussion Action Item

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 SHNConsulting Engineers & Geologists, Inc., to produce quarterly monitoring reports from the third quarter2008 to the fourth quarter 2011.

BACKGROUND:

A series of wells were installed on the CLMSD spray irrigation fields as required by Waste DischargeOrder #98-207 as a means to monitor groundwater constituents to see if groundwater degradation isoccurring 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. InOctober 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 thisreport the RWQCB staff was asked to reduce the monitoring requirements from quarterly to bi-annual orannual. This request was made again in January 2009 when the City applied for a revised Report of WasteDischarge by filing Form 200 with the State. The City of Lakeport Sewer District did not renew its contractat the time in an effort to reduce expenditures when the reporting requirements in the permit wereunknown. Staff continued to sample and monitor these well facilities while waiting for the State to addressthe 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 futuremonitoring 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 wellsthroughout the facility, and was waiting on the Regional Board to respond to the request for reducedmonitoring. 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 apotential administrative civil liability (fine).



Meeting Date: 08/30/2011 Page 2 Agenda Item #II.

To meet the NOV requirement of providing a report by September 1, 2011, to assure current and futuremonitoring compliance, and have the third quarter 2011 report submitted by November 1, 2011, threeengineering 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 provideda 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 08/03/2011Map depicting location of wells



eatthew Rodriquez

Secretary forEnvironmental Protection

3 August 201 1

Mark BranniganCity of Lakeport Municipal Sewer District225 Park StreetLakeport, CA 95453

NOTICE OF VIOLATION FOR DELINQUENT MONITORING REPORTS, CITY OF LAKEPORTMUNICIPAL SEWER DISTRICT WASTEWATER TREATMENT FACILITY, LAKE COUNTY

The treatment and disposal of wastewater associated with the City of Lakeport MunicipalWastewater Treatment Facility is regulated Waste Discharge Requirements Order 98-207, andMonitoring and Reporting Program (MRP) 98-207, copies of which are enclosed for yourinformation. 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 submittedthe following monitoring reports:

Monitorinq Report Due DateThird Quarter2008 Monitorinq Report 1 October 2008Fourth Quarter 2008 Monitorinq Reoort 1 Februarv 2009

2008 Annual Monitorino Reoort 1 Februarv 2009First Quarter 2009 Monitorinq Report 1 Mav 2009Second Quarter 2009 Monitorinq Reoort 1 Auoust 2009Third Quarter 2009 Monitorino Reoort 1 October 2009Fourth Quarter 2009 Monitorinq Report 1 Februarv 20092009 Annual Monitorino Reoort 1 Februarv 2010First Quarter 2010 Monitorino Reoort 1 Mav 2010Second Quarter 2010 Monitorinq Report 1 Auqust2010Third Quarter 2010 Monitorinq Report 1 October 20102010 Annual Monitorino Report 1 Februarv 2011

First Quarter 2011 Monitorino Reoort 1 Mav 2011Second Quarter 20'11 Monitorinq Report 1 Auoust 2011

The non-submittal of monitoring reports is a serious violation of the WDRs and subjects the Cityof Lakeport Municipal Sewer District to possible enforcement actions.

The Revised MRP was issued pursuant to California Water Code section 13267, which states inpart the following: "ln conducting an investigation specified in subdivision (a), the regionat boardmay require that any person who has discharged, discharges, oris suspecfed of havingdischarged or discharging, or who proposes to discharge waste within its region, or any citizenor 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 ofCaldornia Environmental Protection Agency

Edmund G. Brown Jr.Govemor

Galifornia Regional Water Quality Control Board

Central Valley RegionKatherine Hart, Chair

1 1 020 Sun Center Drive #200, Rancho Cordova, California 95670-61 14

Phone (916) 464-3291 . FAX (916) 464-4645http://www.waterboards.ca. gov/centralvalley

CERTIFIED MAIL7010 3090 0001 4843 1940

aD^D t Kecvclea raDefLCt



3 August 201 1

its region that could affect the quality of waters within its region shall furnish, under penatty ofperiury, 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 torecommend

thatcivil

liability(i.e.

monetarypenalties)

be assessed against the City of LakeportMunicipal Sewer District. The maximum liability for delinquent monitoring reports fromJuly 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 liabilityif 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 thedelinquent monitoring reports are not available then by 1 September 2011, the City of LakeportMunicipal Sewer District is to submit a report explaining why the monitoring was not performedand identifying actions that will be taken to assure future monitoring reports will be submitted ontime 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 allof the information required by the MRP. We will evaluate your submittals in consideringwhether to propose issuance of an administrative civil liability complaint.

lf you have any questions regarding the need to submit monitoring reports, please callGuy Childs at (916) 464-4648.

9r*-?*r-/*---[^WENDY WYELS, Supervisoi'Compliance and Enforcement Section

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

Mark Brannigan

Lake County

CIWQS Violation lD Nos:

Regulatory Measure lD:

gjc: 3 Aug 11

-2-

905501 , 905502, 905503, 90551 5, 90551 6, 90551 7, 90551 g, 90551 g,

905520, 905521 , 905522,905523, 905524,905525, gO57 17

380527



MW-7

MW-5

MW-6

MW-1

MW-4

MW-3

MW-2

BK-1

33

35

34

32

3738

36

16

17

18

19

12

12

13

13

14

15

20

21

21

22

2223

24

2425

25

11

1415

1720

Treated Effluent Storage Reservoir

Recap Basin #4

Facultative Treatment Pond #1

Facultative Treatment Pond #2

Recap Basin #3

Recap Basin #1

Recap Basin #2

S T A T

E H W Y

1 7 5

DIXON DR

M A T H E W S R D

P A R A L L E L D R

S T A T E H W Y 2 9

·

Legend

!( Monitoring Well

^ Sprinkler Head

Over Land Pipe

ACP Force

Irrigation Pipe

X Y X Y X Y X Y 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

City of Lakeport Utilities DepartmentLakeport, CA 95453

Sheet No.

Drawn By:

Checked by:

Date:

Data by NSPM, LLC

1

Data Provided by North Star Precision Mapping, LLC Travis Engstrom, President 339 Faulkner Street Mountain House, CA95391 510-590-7984 [email protected]

Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet Geographic coordinate system name: GCS North American 1983

0 500 1,000250 Feet1 inch = 500 feet

Mark Brannigan

8/26/2011

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083011 Lakeport City Council - Groundwater Monitoring