HomeMy WebLinkAbout2002-10-23 e-packetSPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
MUNICIPAL SERVICES BUILDING
CITY COUNCIL COMMUNITY ROOM
33 ARROYO DRIVE
OCTOBER 23, 2002
6:45 P.M.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, the City Council of the City of South San Francisco will hold a Special Meeting
on Wednesday, the 23rd day of October 2002, at 6:45 p.m., in the Municipal Services Building,
Community Room, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Call to Order
2. Roll Call
3. Public Comments - comments are limited to items on the Special Meeting
Agenda
4. Interview applicant for Housing Authority Tenant Commissioner
5. Discussion and appointment to Housing Authority
6. Adjournment
Cit!J of South San Francisco
Inter-Office Memorandum
DATE:
TO:
FROM:
SUBJECT:
October 23, 2002
Honorable Mayor and City Council Members
City Clerk ~
CITY COUNCIL SPECIAL MEETING - INTERVIEW FOR HOUSING
AUTHORITY TENANT COMMISSIONER
This office received one application in response to the notice of vacancy for the position of
Housing Authority Tenant Commissioner. The vacancy occurred as a result of Tenant
Commissioner Carolyn Reardon's first term expiring on October 11, 2002. Msi Reardon has
reapplied for a second two-year term and her interview is scheduled for 6:30 p.m.
As mentioned above, Commissioner Reardon's term expired on October 11, which is
inconsistent with the other Housing Authority terms that expire on March 31 (see below). It is
therefore requested that if Council reappoints Commissioner Reardon that the term be extended
five months, expiring March 31, 2005.
Housing Authority (4 year term)
James S. Claar
James R. Lineberger
Alfred El Salogga
Rev. Gary E. Smith
Nancy A. Stampfer
3/31/03
3/31/05
3/31/06
3/31/04
3/31/05
Housing Authority Tenant Commissioners (2 year term)
Carolyn M. Reardon 10/11/02
Nancy A. Britt 3/31/04
Also enclosed is a copy of Council's interview questions. The questions are consistent with those
asked at previous meetings held this year.
As there is only one applicant a vote by ballot is not necessary, but a motion to confirm the
appointment is required.
Anticipating a successful appointment to the Housing Authority, this will conclude the interview
process for Boards and Commissions until the January, 2003.
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
OCTOBER 23, 2002
7:30 P.M.
REVISED
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may. be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5)
MYNUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the
Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
PEDRO GONZALEZ
Mayor Pro Tem
EUGENE R. MULLIN
Mayor
JOSEPH A. FERNEKES
Councilman
RAYMOND L. GREEN
Councilman
KARYL MATSUMOTO
Councilwoman
BEVERLY BONALANZA FORD
City Treasurer
SYLVIA M. PAYNE
City Clerk
MICHAEL A. WILSON
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE TURN OFF CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
· Public Safety Awards
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
· Community Forum
· Subcommittee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of the October 9 regular meeting
2. Motion to confirm expense claims of October 23, 2002
Resolution confirming continued support for the South San Francisco Community
Partnership and resolution authorizing acceptance of grant funds from the Peninsula
Partnership in the amount of $72,234 and $450 in additional grant funds from the
Partnership for the Public's Health
Approve a motion to note receipt and file the findings of the report prepared by the City-
retained actuary related to the PARS supplemental retirement enhancement program for
the City Manager as specified in the Employment Agreement between the City and City
Manager
Resolution approving the memorandums of understanding with Public Safety Managers,
International Association of Fire Fighters, and Police Association negotiating units
Resolution authorizing agreement between the City of South San Francisco and the
South San Francisco Executive Management unit
PUBLIC HEARING
Consideration of negative declaration for the East of 101 traffic fee (continued from
October 9, 2002; motion to continue off-calendar)
Consideration of mitigated negative declaration for the South San Francisco Sewer
Improvement Program, Master Sewer Facility Fee Study and Sewer Facility Impact Fee
for the East of 101 area (continued from September 25, 2002)
REGULAR CITY COUNCIL MEETING OCTOBER 23, 2002
AGENDA PAGE 2
LEGISLATIVE BUSINESS
Waive reading and adopt an urgency ordinance amending the PERS Contract to provide
Section 21362.2 (3% @ 50 Full Formula) for Local Safety Members
ADMINISTRATIVE BUSINESS
10.
Resolution approving a contribution to the Italian American Citizens Club to construct
an overhang covering two bocce ball courts in Orange Memorial Park in the amount of
$25,000
ADJOURNMENT
REGULAR CITY COUNCIL MEETING OCTOBER 23, 2002
AGENDA PAGE 3
StaffXeport
DATE: October 23, 2002
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Director of Community Outreach and Library Director
RESOLUTION CONFIRMING CONTINUED SUPPORT FOR THE SOUTH
SAN FRANCISCO COMMUNITY PARTNERSHIP AND RESOLUTION
AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE
PENINSULA PARTNERSHIP IN THE AMOUNT OF $72,234.00 AND
$450.00 IN ADDITIONAL GRANT FUNDS FROM THE PARTNERSHIP
FOR THE PUBLIC'S HEALTH AND AMENDING THE LIBRARY
DEPARTMENT'S 2002-2003 OPERATING BUDGET.
RECOMMENDATIONS
It is recommended that the City Council approve a resolution confirming its continued support
of the South San Francisco Community Partnership and a resolution authorizing the
acceptance of grant funds from the Peninsula Partnership and the Partnership for the Public's
Health, amending the 2002/03 Operating Budget for the Library in the amount of $72,684.00.
BACKGROUND
Three years ago, the City of South San Francisco partnered with the South San Francisco Unified School
District (SSFUSD) and other community organizations to create the South San Francisco Community
Partnership (SSFCP). The SSFCP became one of the Peninsula Partnership's nine collaborative sites in
San Mateo County working to improve the lives of young children and families.
The SSFCP's four goals are: · Creating a Viable, Effective, and Sustainable Community Collaborative
· Kindergarten Readiness
· Literacy and Social Competency for all by Third Grade
· Healthy Children and Families
Since joining the Peninsula Partnership, the SSFCP is making great strides towards these goals. Some
major accomplishments of the last year include:
· Kindergarten Readiness Orientations
During its Early Registration Campaign 2002, the Partnership was able to reach 121
families through Kindergarten Readiness Orientations. During Orientations, community
asked questions and learned about valuable resources such as the Kindergarten Readiness
Guide, Transitional Kindergarten and Community Dialogs that are available to them as
they prepare their children for Kindergarten. The Partnership is currently contacting
families who participated in Kindergarten Readiness Orientations to evaluate the content
and usefulness of the orientations.
Staff Report
Subject:
Resolution of continued support for the South San Francisco Community Partnership and
acceptance of grant funds.
Page 2
Transitional Kindergarten
As a Peninsula Partnership site, the SSFCP received funding from the San Mateo County
Children and Families First Commission to prepare children for school through a series of
Summer Kindergarten Readiness classes at our local elementary schools. The Summer
program, conducted in partnership with SSFUSD took place from June through August
2002 serving a total of 270 children. In addition to the seven classes funded by the
Children and Families First Commission, the School District funded four additional
classes to local schools that are not part of the Partnership.
· Community Health Initiative Funded by the Partnership for the Public's Health
After identifying concerns in the Old Town community through a Behavioral and Quality
of Life telephone Survey conducted in partnership with the San Mateo County Health
Services Agency, in addition to a door-to-door survey conducted by North Peninsula
Neighborhood Services Center, a team of facilitators, that included newly recruited and
trained Community Leaders and local agency representatives, presented the findings of the
surveys to local residents through 10 community conversations. The Health and Mental
Health Subcommittee of the SSFCP reviewed the findings of the surveys and the feedback
from the community conversations and selected the following priority areas: increased
enrollment in local health insurance programs and job connections.
· Community Outreach and Leadership Development
The Partnership continues to conduct an extensive Outreach Campaign. During this
reporting period the Partnership has obtained the support and participation of four
additional Community Leaders, who make recommendations to staff and the Executive
Subcommittee for the production and planning of appropriate materials, activities, and
events. In addition, ten community leaders were trained in facilitation skills to support the
above health initiative's community conversations.
· Community Fairs
After community focus groups identified the need for targeted information and referral, the
SSFCP, in partnership with local agencies, organizes regular community orientations at
agencies such as North Peninsula Neighborhood Services Center and North Peninsula
Family Alternatives. In September 2002, 21 community members learned about available
social services at the Community Fair conducted in collaboration with our local Human
Services Agency office.
· Appreciation Dinner
SSFCP celebrated its partners at its Appreciation Dinner on April 18, 2002. Over 150 partners
representing the City, the School District, San Mateo County Health Services Agency, San
Mateo County Human Services Agency, local organizations and the community were present.
Partners were able to learn about each other during the event, which featured presentations
from Mayor Gene Mullin and Ray Latham, School District Board of Trustees President. Staff,
community leaders, and SSFCP partners showcased our myriad accomplishments. The event's
highlight was the presentation of certificates of appreciation to the SSFCP Community
Leaders.
Staff Report
Subject:
Page 3
Resolution of continued support for the South San Francisco Community Partnership and
acceptance of grant funds.
LOOKING FORWARD
The SSFCP is finishing up its annual planning process. This year's plan includes:
· Continuation of all initiatives listed above.
· Increased evaluation of all initiatives, and sustainability planning.
· Increased partnerships with SSFUSD to better coordinate "literacy for all" activities.
· Increased outreach to parents and community members.
The Director of Community Outreach and the Library Director oversee the SSFCP and supervise the
Partnership Site Coordinator, and the Healthy Communities Coordinator who perform the daily
functions of our partnership.
FUNDING:
Funds are available for immediate use. The funds would augment the Library's operating budget for
2002/2003. Funds not expended at the end of fiscal year 2002/2003 will be carded over into the next
fiscal year. In future years we anticipate additional funding from the Peninsula Community Foundation,
the Peninsula Partnership's fiscal agent.
By:
Heather Quinn
Director of Community Outreach
\ '
Valerie Sommer
Library Director
Appr°ved~~A. Wilson~
City Manager
Attachments: Resolutions
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION IN SUPPORT OF THE SOUTH SAN
FRANCISCO COMMUNITY PARTNERSHIP
WHEREAS, the City Council recognizes and appreciates the efforts of the South
San Francisco Unified School District and other community organizations in creating the
South San Francisco Community Partnership;
WHEREAS, the City Council is aware of the need for services to improve the
lives of young children and families;
WHEREAS, the City Council confirms its continued support of the South San
Francisco Community Partnership;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
South San Francisco that the City Council hereby expresses its continued support of the
South San Francisco Community Partnership.
I hereby certify that the foregoing resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular meeting held
on the __ day of ,2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
StaffReport
DATE:
October 23, 2002
TO:
The Honorable Mayor and City Council
FROM:
Jennifer A. Bower, Director of Human Resources
And Steven T. Mattas, City Attorney
SUBJECT:
Implementation of a Public Agency Retirement System (PARS) Supplemental Retirement Plan
for the City Manager
RECOMMENDATION:
Approve a motion to note receipt and file the findings of the report prepared by the City-retained Actuary
related to the PARS supplemental retirement enhancement program for the City Manager as specified in the
Employment Agreement between the City and City Manager
B ACKGROUND/DIS CUS SION:
The employment agreement between the City and the City Manager provides for an enhanced retirement
benefit for the City Manager resulting in up a .5 percent stackable benefit to be administered through PARS.
Creating a supplemental retirement plan supports the City Council's goal relative to retention of the City
Manager. During his tenure with the City, the annual costs of the benefit will paid for by the City Manager
through pre-tax payroll deductions. The process for adoption of the supplemental retirement benefit requires
that the City Council first make available at a public meeting the future annual costs of the benefit as
determined by an actuary. At least two weeks thereafter, the City Council may adopt the resolution approving
the program. This staff report presents the first step in the two step process.
As required by Government Code Section 7507, the City secured the services of an enrolled actuary to
determine the future annual costs of providing the proposed plan benefits. The projected actuarial cost of the
proposed plan assuming an annual interest rate return of 7.5 percent is 15.5 % of the City Manager's current
annual salary, which is approximately $27,700 per year. In addition there are, similar to PERS, annual
administrative fees of approximately $3,600 to $4,000 per year for the plan administration.
By: ~~2~ Approved:
D~ctor of Human Resources
603356-1
City Attorney
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE ACCEPTANCE
OF GRANT FUNDS AND AMENDING THE LIBRARY
DEPARTMENT'S 2002-2003 OPERATING BUDGET
WHEREAS, the City submitted an application for and was awarded funding in
the amount of $72,234.00 from the Peninsula Partnership;
WHEREAS, the City submitted an application for and was awarded additional
grant funding in the amount of $450.00 from the Partnership for the Public's Health;
WHEREAS, the receipt of $72,684.00 in grant funds will augment the Library
Department's 2002-2003 operating budget;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
South San Francisco that the City Council hereby authorizes the acceptance of grant
funds from the Peninsula Partnership and the Partnership for the Public's Health;
BE IT FURTHER RESOLVED, that the City Council hereby authorizes an
amendment to the City's 2002-2003 Operating Budget (OB ) to add $72,684.00 to
the Library Department's 2002-2003 operating budget.
I hereby certify that the foregoing resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular meeting held
on the day of ,2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
Staff Report
DATE:
TO:
FROM:
SUBJECT:
October 23, 2002
Honorable Mayor and City Council
Jennifer A. Bower, Director of Human Resources
Resolution Approving Memorandums of Understanding between the City of South
San Francisco and the Employee Bargaining Units of the South San Francisco
Chapter of the International Association of Firefighters (IAFF) and the Police
Association; and Compensation Plan for the Public Safety Managers Unit.
RECOMMENDATION
Adopt a resolution accepting the Memorandums of Understanding for the International Association
of Firefighters unit, the Police Association unit, and for the Public Safety Managers unit.
BACKGROUND
Attached are the final documents that incorporate the agreed-upon language based on the
negotiations held with each of the respective bargaining units. These Memorandums of
Understanding and/or Compensation Plans were negotiated within the parameters authorized by the
City Council.
By:
°t~e~urces
City Manager
Attachments
MOU for Firefighters (IAFF)
MOU for the Police Association (PA)
Compensation Plan for Public Safety Managers Unit
JAB-10/10/02
F:',F'fle CabinetXEERelations\PSIvlX01 Negotiatons\CouncilWIOU Document Reso.doc
RESOLUTION NO.
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
A RESOLUTION APPROVING MEMORANDUMS OF UNDERSTANDING
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN
FRANCISCO CHAPTER OF THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS AND THE POLICE ASSOCIATION, AND COMPENSATION PLAN
BETWEEN THE CITY AND THE PUBLIC SAFETY MANAGERS
RECITALS
Whereas, the City and representatives from the South San Francisco Chapter of the
International Association of Firefighters, the Police Association and Public Safety Managers
have agreed upon their respective Memorandums of Understanding and Compensation Plan
Now, therefore, the City Council of the City of South San Francisco does hereby resolve
that the Memorandums of Understanding between the City and the South San Francisco Chapter
of the International Association of Firefighter and between the City and the Police Association,
as shown in Exhibit A hereto are hereby approved and the City Manager is hereby authorized to
sign the agreements on behalf of the City;
Be it further resolved that the Compensation Plan between the City and Public Safety
Managers as shown is Exhibit B is hereby approved and the City Manager is hereby authorized
to sign the agreement on behalf of the City.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
day of ,2002 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOU Reso
ATTEST:
City Clerk
Memorandum of Understanding
between the
International Association of Firefighters
and the
City of South San Francisco
july 1, 2001 through June 30, 2006
Table of Contents
1 Preamble ...................................................................................... 1
2 Union Rights ................................................................................. 1
2.1 Recognition ............................................................................ 1
2.2 Payroll Deduction ..................................................................... 1
2.3 Authorized Representatives ......................................................... 1
2.3.1 Access ............................................................................. 1
2.3.2 Union Business Time ........................................................... 2
2.3.3 Release Time ..................................................................... 2
2.4 Use of City Facilities, Equipment, and Records .................................... 2
2.4.1 Meeting Facilities ............................................................... 2
2.4.1.1 Exceptions ............................................................. 2
2.4.1.2 Denial and Prohibitions .............................................. 2
2.4.2 Bulletin Boards .................................................................. 2
2.4.3 Union Reading Files ............................................................ 2
2.4.4 Use of Department Equipment, Supplies, and Services ................... 2
2.4.5 Access to City Records ......................................................... 3
2.4.6 Access to Personnel Files ...................................................... 3
2.5 Copies of Memorandum of Understanding ......................................... 3
3 Non-discrimination .......................................................................... 3
4 Wages and Compensation .................................................................. 3
4.1 Wages ..................................................................................... 3
4.1.1 Fiscal Year 2001 Increase ...................................................... 3
4.1.2 Fiscal Year 2002 Increase ..... -' ................................................ 4
4.1.3 Fiscal Year 2003 Increase ...................................................... 4
4.1.4 Fiscal Year 2004 Increase ...................................................... 4
4.1.5 Fiscal Year 2005 Increase ...................................................... 4
4.2 Payment of Compensation ............................................................. 4
4.2.1 Continuous Paid Regular Service ............................................. 4
4.3 Time-in-Step ........................................................................... 5
5 Special Compensation ...................................................................... .5
5.1 Temporary Fire Captain Compensation ........................................... 5
5.2 Temporary Battalion Chief Compensation ........................................ 5
5.3 Temporary Engineer Compensation ................................................5
Page ii
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
· :-.~' ~"- '"":,/"~i~3~2~;;,;'.:'~::.;:~.'~;~,~2:~:~;;~;: ::::~h~;~,~~- ,~:~'~:~:::;:~:~:::-~::~:~:~;~;~:~.. '~" ;' ~:~ 5~:~:73~?.;~:z~ :. :~;~j~.'~L~t4~ ~:~;~ ~: :~::: ~' "~:~::~"~
5.4 Tempor~ Fire ~spector Assi~ent ............................................. 5
5.5 Emergency Me~cfl Tech~cian I Fire Se~ice ~ IFS) ks~ctor
Assi~ent Compensation .......................................................... 6
5.6 Emergency Me~cfl Tec~cian ~) Ce~ificafion ........................... 6
5.6.1 M~to~ ~ Ce~fication ................................................ 6
5.7 Promotion to Capt~n ................................................................. 6
5.8 Fire App~ams En~neer Compensation ........................................... 6
5.8.1 Promotion to Fire App~atus En~neer .....................................6
5.8.1.1 Six-month Probafion~ Period ................................. 6
5.8.1.2 Twelve-month Probafion~ Period ............................ 6
5.9 Se~ice ~cenfive Rate ................................... : ............................ 6
5.10 Education ~cen~ve Rate ............................................................ 6
5.10.1 Education kcentive for Fire Suppression ................................ 6
5.10.1.1 App~cable Prog~s/Courses .................................. 6
5.10.1.1.1 Associate Degee .................................... 6
5.10.1.1.2 Bachelor's Degee ..................................7
5.10.1.1.3 Accre~ted U~ts ....................................7,
5.10~ 1.2 Non-applicable Co~sework ....................................7
5.10.1.3 Co~sework Documentation .................................... 7
5.10.2 Education kcenfive for Non-assi~ent kspectors .................... 7
5.10.2.1 Fke ~spectors ~ed Before 11/29/01 ........................ 7
5.10.2.2 Fke ~spector~ ~ed 11/29/01 or Later ....................... 7
5.10.2.3 App~cable Pro~s/Co~ses .................................. 7
5.10.2.3.1 Associate Degee .................................... 7
5.10.2.3.2 Bachelor's Degee ..................................7
5.10.2.3.3 Accre~ted U~ts ....................................8
5.10.2.4 Apphcable Coursework for Fire kspector Cl~sificafion -- 8
5.10.2.5 Co~sework Documentation .................................... 8
5.11 Bilin~fl kcenfive Rate .............................................. ' .............. 8
5.11.1 Testing ~d Compensation .................................................... 8
5.11.2ES~biSty ....................................................................... 8
5.11.3 ~age Dete~nafion ...................................................... 8
5.11.4 C~ent L~ages ~ Effect .................................................. 9
6 Assi~ents ~d 40-ho~ Cl~sificafions ................................................ 9
6.1 Assignment and Classifications ...................................................... 9
6.2 Salary .................................................................................. 9
6.3 Assi=~u'nent Positions Shift Overtime ............................................... ,9
6.4 Leave Accrual .......................................................................... 9
6.5 Leave Accrued and Taken ............................................................ 9
6.5.1 Holidays ......................................................................... 9
Memorandum of Understanding between the
City of South San Francisco and the IA_~, Local 1507
July 1, 2001 through June 30, 2006
Page iii
~'~.~,,.::~ .~:t~ ~v~'~'-~.::~'~v..~:~'"~.?~::~ ~:~'~',~,~'-,-~' '.'~S~!~,~~ -: :~,~..' ~,~?~' ~.~ ': ~.'~-.~:-?~: :.~?~:': '::' :~ .~.~.
6.5.2 Paid Family Care Leave ....................................................... 9
6.5.2.1 Leave Amounts ........................................................ 9
6.5.3 Bereavement Leave ............................................................ 9
6.5.4 Medical Appointment Leave ................................................. 9
6.5.5 Sick Leave ....................................................................... 9
6.5.6 Compensatory Time ........................................................... 9
6.5.6.1 Shift Overtime ......................................................... 9
6.5.6.2 Taking Compensatory Time ......................................... 10
6.5.7 Flexible Work Schedules ..................................................... 10
6.5.8 Vacation Leave ........................... - ..................................... 10
Uniforms ...................................................................................... 10
7.1 Uniforms ................................................................................ 10
7.2 Eligibility ................................................................................ 10
7.3 Leather Helmet ......................................................................... 10
7.4 Allowance Amounts ................................................................... 10
Benefits ....................................................................................... 11
8.1 Insurance Benefits ...................................................................... 11
8.1.1 Medical Insurance .............................................................. 11
8.1.1.1 Available Plans ........................................................ 11
8.1.1.2 Payment of Premium Costs .......................................... 11
8.1.1.2.1 Maximum Rate ............................................. 11
8.1.1.3 Effective Dates of Coverage ......................................... 11
8.1.2 Medical Insurance for Employees who Retire ............................. 11
8.1.3 Medical Insurance for Spouse after Employee or Retiree Death ........ 11
8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree
Death ............................................................................ 12
8.2 Dental Insurance ........................................................................ 12
8.2.1 Effective Date of Coverage ................................................... 12
8.2.2 Dental ............................................................................ 12
8.2.3 Orthodontia ..................................................................... 12
8.2.4 Purchase of Dental Insurance For Employees Who Retire ............... 12
8.3 Vision Insurance ....................................................................... 12
8.3.1 Effective Dates of Coverage .................................................. 12
8.3.2 Plan ............................................................................... 12
8.4 Discretionary Benefit Option ......................................................... 12
8.4.1 Proof of Alternate Insurance .................................................. 12,
8.4.2 Method of Computation ....................................................... '13
8.4.3 Exercising the Option ......................................................... 13
8.5 Life Insurance and Accidental Death and Dismemberment Insurance ......... 13
8.5.1 Life Insurance Benefits Ceasing ............................................. 13
Page iv
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
8.5.2 Benefits .......................................................................... 13
8.5.2.1 Term Life Value .................................................... 13
8.5.2.2 AD&D Value ............... : ........................................ 13
8.5.2.3 Payment of Premium Costs ....................................... 13
8.5.2.4 Effective Date of Coverage ........................................ 13
8.5.2.5 Additional Life Insurance .......................................... 13
8.6 Hepatitis B Vaccination ............................................................... 13
8.7 Long-term Disability Insurance ...................................................... 14
8.7.1 City Notification ............................................................... 14
8.7.2 Effective Date ................................................................... 14
8.7.3 Plan Payment ................................................................... 14
8.8 Section 125 Plan ....................................................................... 14
8.8.1 Dependent Care Plan ......................................................... 14
8.8.2 Un.reimbursed Medical Expense Plan ...................................... 14
8.9 Deferred Compensation ............................................................... 14
8.10Retirement Benefits ................................................................... 14
8.10.1 Retirement Plan ................................................................ 14
8.10.2 Optional Provisions Added ................................................... 14
8.10.2.1 The 1959 Survivor Allowance .................................... 14
8.10.2.2 One-year Highest Compensation .................................14
8.10.2.3 Half Continuance ................................................... 14
8.10.2.4 Sick Leave Service Credit ......................................... 15
8.10.2.5 Military Service Credit ............................................. 15
8.10.2.6 3% at Age 50 Retirement Formula ...............................15
8.10.2.7 New PERS Provision Added ......................................15
8.10.3 City Contribution to Retirement System .................................... 15
8.10.4Employee Contribution to Retirement System .............................15
8.11 Sick Leave at Separation .............................................................. 15
8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85 15
8.11.2Sick Leave Cap ................................................................. 15
8.11.3 PERS Service Credit ........................................................... 15
9 Work Schedules and Hours of Work ..................................................... 16
9.1 Normal Hours of Work ...............................' ................................ 16
9.1.1
9.1.2
9.1.3
9.1.4
9.1.5
9.1.6
9.1.7
On-duty Shift Defined ......................................................... 16
Off-duty Shift Defined ........................................................ 16
Tour-of-Duty Defined ......................................................... 16
Shift Schedule Defined ........................................................ t6
Rest Periods ..................................................................... 16
Time for Reporting for On-duty Shifts ...................................... 16
Departure of Employees from On-duty Shifts ............................. 16
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page v
9.1.8 2/4 Work Schedules ........................................................... 16
9.2 Overtime ................................................................................. 16
9.2.1 Overtime Defined .............................................................. 16
9.2.2 Overtime Records .............................................................. 16
9.2.3 M_inimum Overtime ............................................................ 17
9.2.4 Overtime Compensation Rates ............................................... 17
9.2.4.1 Compensation Rate .................................................. 17
9.2.4.2 Hold-over ............................................................. 17
9.2.4.3 Non-emergency Call-in ............................................. 17
9.2.4.4 Emergency Call-in ................................................... 17
9.2.4.5 Court Time Minimum ............................................... 17
9.2.5 FLSA Overtime Compensation .............................................. 17
9.2.6 Exclusion of Trade Time ...................................................... 17
10 Holidays ....................................................................................... 18
10.1Holiday Compensation ................................................................ 18
10.1.1 Full-day Holidays ..................... ~ ....................................... 18
10.1.2 Half-day Holidays ............................................................. 18
10.1.3 Discretionary Holiday ........................................................ 18
10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness
Leave ............................................................................ 18
10.1.5 Holiday Compensation for Employees on Non-industrial Sick
Leave or Family Care Leave ................................................. 19
10.1.6 Employees Not Eli~ble for Holiday Compensation ..................... 19
11 Paid Leaves ................................................................................... 19
11.1 Vacation ................................................................................. 19
11.1.1 Vacation Accrual Rates ..................................................... 19
11.1.2 Vacation Selection ............................................................ 19
11.1.2.1 Shift Vacation ...................................................... 19
11.1.2.2 Vacation Staffing .................................................. 19
11.1.2.3 Unscheduled Vacation Selection ................................19
11.1.3 Vacation Buy-back ............................................................ 20
11.1.4 Vacation Accumulation ...................................................... 20
11.1.5 Vacation Compensation Payout Upon Separation ....................... 20
11.2 Sick Leave/Non-industrial Injury Illness Leave ................................... 20
11.2.1 Definition ...................................................................... 20
11.2.2 Amount of Sick Leave ....................................................... 20
11.2.2.1 Sick Leave Amounts for Employees Hired 1/7/97 or.
Earlier ............................................................... 20
11.2.2.2 Sick Leave Amounts for Employees Hired 1/8/97 or Later - 20
11.2.3 Sick Leave Request ........................................................... 20
Page vi
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
": ::' ~'::~:~-:~ '.~'~':~:~,(?~;~;~.~i~,~-.,.~;~;~.. ~.. ~ · · ;f,[~ :~... :~ :':;,. :::,~i,!.''- :~:" '~:::~.,.~!;.~J~.:,~i ;-~.~";-~i.~(.~[$~:~::.::!~::~:.:~i':;:~!~ . ..:~'"'".']":~-!:~'::
11.2.4 Approval of Sick I~ave Request ........................................... 20
11.2.5 Verification of Illness or Injury ............................................. 20
11.2.5.1 Usual Verification ................................................. 20
11.2.5.2 Doctor or Nurse Practitioner's Verification ................... 21
11.2.6 Prohibition from Enga~ng in Outside Occupation ...................... 21
11.2.7 Sick Leave Management Plan ............................................... 21
11.2.7.1 Sick Leave Threshold ............................................. 21
11.2.7.1.1 Employees Scheduled 56-Hour Workweeks ..... 21
11.2.7.1.2 Employees Scheduled 40-Hour Workweeks .---- 21
11.2.7.2 Leave Monitoring .................................................. 21
11.2.7.3 Extenuating Circumstances ...................................... 21
11.2.7.4 Review and Counseling ........................................... 22
11.2.7.5 Sick Leave Management Plan Requirements .................. 22
11.2.7.6 Plan Stipulations ................................................... 22
11.2.7.6.1 Personal Notification ................................ 22
11.2.7.6.2 Examination .......................................... 22
11.2.7.6.3 Affidavit ............................................... 22
11.2.7.6.4 Other Conditions ..................................... 22
11.2.7.7 Discipline Process ................................................. 22
11.2.7.8 Maximum Paid Sick Leave ....................................... 22
11.3 Bereavement Leave .................................................................... 22
11.3.1 Definition of Family Member for Bereavement Leave .................. 22
11.3.1.1 Non-family Member Leave ...................................... 23
11.3.2 Leave Within California ..................................................... 23
11.3.3 Leave Outside California ................................................... 23
11.4 Medical Appointment Leave ......................................................... 23
11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour
F. mployees ................................................................ r ..... 23
11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour
Employees .................................................................... 23
11.5 Paid Family Care Leave ............................................................... 23
11.5.1 Definition of Family Member for Paid Family Care Leave ............. 23
11.5.2 Eligibility for Paid Family Care Leave .................................... 24
11.5.2.1 56-Hour Employees ............................................... 24
11.5.2.2 40-Hour Employees ............................................... 24
11.5.2.3 Elimination of Leave .............................................. 24
11.5.3 Sick Leave as Family Care Leave .......................................... 24
11.5.3.1 Definition of Family Member for Sick Leave as Family
Care Leave Purposes .............................................. 24
11.5.3.2 Leave Amount ...................................................... 24
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page vii
' ' '~ ~ " ~ ..... ~/"~ ":" '"' ....... "~'*:':~" '-: ~.: ~:;~ ' :~ >~ ~ ;~3~:~:~ :~ ;~ "::~r:~:~:~ :~,~!~!~}:~ ~ ~'~5~ ~:~i~'S~ -:::~ ~'
11.5.4 Concurrent Use of Leave ..................................................... 24
11.5.5 Leave Accounting ............................................................. 24
11.5.6 Notification Procedures ...................................................... 24
11.5.6.1 Leave Notification ................................................. 24
11.5.6.2 Leave Verification ................................................. 24
11.6 Industrial Injury or Tllness Leave ..................................................... 25
11.6.1 Administration of Leave ..................................................... 25
11.6.2 Light-duty Program ........................................................... 25
11.6.3 Prohibition from Engaging in Outside Occupation ...................... 25
11.7 Pregnancy Disability and Childcare Leave ......................................... 25
12 Leave Conversion ............................................................................ 25
12.1 Leave Conversion Factors ............................................................ 25
12.1.1 56-hour Schedule ............................................................. 25
12.1.1.1 Sick Leave Conversion ........................................... 25
12.1.1.2 Vacation Leave Conversion ...................................... 25
12.1.1.3 Vacation Buy-back ................................................ 26
12.1.2 40-hour Schedule ............................................................. 26
12.1.2.1 Sick Leave Conversion ........................................... 26
12.1.2.2 Vacation Leave Conversion ...................................... 26
12.1.2.3 Vacation Buy-back ................................................ 26
13 Long-term Disabihty Program ............................................................. 26
13.1 Benefits ................................................................................. 26
13.2 Application for Benefits ............................................................. 26
13.3 Elimination Period .................................................................... 26
13.4 City Detem'fination ................................................................... 26
13.4.1 Permanent and Stationary Stares .......................................... 26
13.4.2 Temporary Disability Status ................................................ 27
13.5 Permanent and Stationary Determination ......................................... 27
13.6 Temporary Disability Determination ............................................... 27
13.7 Permanent and Stationary Determination During Leave of Absence .......... 27
13.8 Accrued Vacation Payment .......................................................... 27
13.9 Insurance Premium Payment ........................................................ 27
14 Light-duty Program .......................................................................... 27
14.1 Light-duty Program ................................................................... 27
14.2 Coverage ............................................................................... 28
14.2.1 Determination and Required Reports ..................................... 28
14.2.1.1 Assignments ....................................................... 28
14.2.1.2 Evaluation and Determination .................................. 28
14.2.1.3 Medical Reports .................................................. 28
14.2.1.4 Review of Assig-nment ........................................... 28
Page viii
Memorandum of Understanding between the
City of South San Francisco and the IAi, Local 1507
July 1, 2001 through June 30, 2006
i' ........ ~., .-~ .............. ~ ~'~ ..................................... Z.~ '.:'-~.~: -'~ ....... ~ ~ ~ ~-~ .............. - .....' .~:%~ , .;;~ ' :
14.3 Light-duty Assignments, Definitions, and Restrictions ......................... 28
14.3.1 Assignments ................................................................. 28
14.3.2 Impact to Employee ........................................................ 28
14.3.3 Fire Department Assignments ............................................ 28
14.3.4 Normal Business Hour Assi~oTu'nents ..................................... 28
14.3.5 Case-by-Case Review ...................................................... 28
14.3.6 Field Emergency Responses ............................................. 28
14.3.7 Reevaluations .............................................................. 28
14.3.8 Uniforms ..................................................................... 29
14.3.9 Holidays ...................................................................... 29
14.3.10 Vacation Scheduling ....................................................... 29
14.4 Return-to-Full-duty Status ........................................................... 29
15 Layoff and Demotion Policy ............................................................... 29
15.1 Reduction in Force .................................................................... 29
15.2 Displaced Employees ................................................................. 29
15.3 Seniority ................................................................................ 29
16 Paramedic Preceptor Fee .................................................................. 29
17 Residence Requirements .................................................................. 30
18 Emergencies ................................................................................. 30
19 Discipline Provision ......................................................................... 30
20 Grievance Procedure ........................................................................ 30
20.1 Definition of a Grievance ........................................................... 30
20.2 Stale Grievance ...................................................................... 30
20.3 Informal Discussion with Employee's Supervisor ............................. 31
20.4 Formal Written Grievance to Employee's Battalion Chief .................... 31
20.5 Waiver of Battalion Chief Review ................................................ 31
20.6 Grievance to Fire Chief ............................................................ 31
20.7 Arbitration of Grievance ...........................................................
20.8 Informal Review by the City Manager ............................ : ............... 31
20.9 Selection of Arbitrator ............................................................ 31
20.10 Arbitrator Review ................................................................... 32
20.11 Duty of the Arbitrator .............................................................. 32
20.12 Payment of Costs ................................................................... 32
20.13 Effect of Failure of Timely Action ................................................ 32
20.14 Non-Union Representation ........................................................ 32
21 Agreement, Modification, and Waiver ................................................... 32
21.1 Full and Entire Agreement ...................................... : .................. 32
21.2 Written Modification Required .................................................... 32
21.3 Waiver ................................................................................. 32
21.4 Term of Agreement .................................................................. 32 -
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page ix
22
Appendix
A
B
C
D
E
F
G
H
Sig-natures ..................................................................................... 33
Classifications ................................................................................ 35
Compensation Adjustments by Classification ........................................... 36
Uniform Allowance Rates .................................................................. 37
Side Letter - 2/4 Work Schedule Plan .................................................... 38
Side Letter - 2/4 Work Schedule Workweeks ........................................... 39
Code Enforcement Language .............................................................. 40
Staff Report ................................................................................... 41
Annual Salary Schedules ................................................................... 42
Page x
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
JA.B-~i 9/02
f:~file cabiaet~eerelatioas~iaffmmuh'ev9 iaff 01-05 mou. doc
Memorandum of Understanding
between the
International Association of Firefighters
and the
City of South San Francisco
July 1, 2001 through June 30, 2006
Article 1. Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco,
designated "City" and the International Association of Firefighters (IAFF), Local 1507, AFL-
CIO, designated "Union" as a mutual agreement of the wages, hours, and conditions of
employment in effect during the period of 7/1/01 through 6/30/06 for those full-time regular
employees working in classifications in the represented unit referred to in this agreement.
Article 2. Union gJ'ghts
2.1.
2.2.
2.3.
Recognition--The City of South San Francisco recognizes the International Association
of Firefighters, Local 1507, AFL-CIO as the employee organization representing the
employees in this unit, which consists of all employees in the classifications identified in
Appendix A and as may be added to the unit by the City during the term of this
a~eement.
Payroll Deduction--Upon receiving a written request and authorization from an
employee for deduction of Union dues, the City shall withhold such dues and deductions
from the salary of the employee and shall remit the withholdings to the Union. The City
shall continue to withhold such deductions unless the employee files a statement with the
City withdrawing authorization for the continued withholding of the deductions.
Authorized Representatives--The Union shall provide and maintain with the Fire Chief a
list of the current officials of the Union, as well as the names of any other persons who
are authorized to officially represent the Union in its dealings with the City. No more
than 4 authorized representatives of the Union shall be City employees.
2.3.1 Access--An authorized representative of the Union shall have the right to contact
an individual employee represented by the Union in a City facility during the
employee's work hours on matters concerning wages, hours, and other conditions
of employment. Prior to entering the employee's work location, the authorized
representative shall provide reasonable notice to the employee's immediate
supervisor and shall attempt to arrange contact times, coinciding with an
employee's lunch period or after 1700 hours and prior to 0800 hours. An'
employee's immediate supervisor shall have the right to make arrangements for a
contact location and/or contact time that is the least disruptive to departmental
operations and the employee's work assig-nments.
Page 2
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
2.4
2.3.2 Union Business Time--An authorized representative of the Un/on who is a City
employee shall perform Un/on responsibilities on off-duty time, except that such
responsibilities may be performed during on-duty time when the activity does not
interfere with Departmental operations.
2.3.3 Release Time--The Fire Chief or designee may grant reasonable release time
without loss of time or pay to a Union authorized representative if, in the
representative's absence, the needs of the department can be reasonably met and
no added costs are incurred by the department as the result of granting the release
time to the Union representative.
Use of City Facilities, Equipment and Records--
2.4.1 Meeting Facilities City and/or department facilities will be made available to the
Union for the purpose of meeting with represented employees, provided that a
Un/on officer makes a written request to the Fire Chief or designee generally 2-
calendar days in advance of the meeting.
2.4.1.1 Exceptions--Exceptions to this 2-day notification requirement are in cases
of an emergency, in which case the request can be made verbally if
followed in writing. In addition, the 2-day limit will not be required in
cases of unforeseen circumstances.
2.4.1.2 Denial and Prohibitions--Use of City and/or department facilities will
only be denied in case of a conflict where prior usage was scheduled for
the facility. Except during the lunch period, meetings of Un/on
representatives and represented employees shall not be permitted during
0800 hours through 1700 hours.
2.4.2 Bulletin Boards--The City will furnish adequate space for bulletin boards to be
placed at reasonable locations for the exclusive use of the Un/on. The Un/on
agrees to post nothing of a discreditory nature about the City or its employees or
that may be offensive to members of the general public and other visitors to the
fire stations. The Union shall be responsible for maintaining bulletin boards
exclusively used by the Un/on in an orderly condition and shall promptly remove
outdated materials.
Union Reading Files--The Union shall be allowed to maintain a Un/on reading
file at each represented employee work location. The Union reading file shall be
used for the purpose of distributing material and information, such as recent
developments in employee grievances and other controversial issues that are not
suitable for posting on bulletin boards accessible to the general public and visitors
to the fn'e stations.
Use of Department Equipment, Supplies, and Services--The .department shall
allow the Un/on to locate a Un/on file cabinet at the Central Fire Station. The
Union may use a desk at the Central Fire Station provided that the department's
needs do not preclude the use of the desk. The Un/on may be allowed to use the
department's copy machines, telephones, computer equipment, and supplies
provided that the Un/on reimburses the department for the cost of such use.
2.4.3
2.4.4
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 3
2.5
2.4.5 Access to City Records--The Union shall have reasonable access to all public
records of the City, as required by law. Access to departmental records, except
individual personnel records, shall be granted at the sole discretion of the City
employee responsible for the maintenance of such records. Nothing contained
herein shall compel any employee to allow a Union representative access to any
files or records. Union representatives may be granted access to non-confidential
departmental records, provided that the Union ~ves the City employee
responsible for such records a prior request stating the nature of the information
desired, the purpose for which the information will be used, and the time the
representative desires access to the records.
2.4.6 Access to Personnel File--The Union may review a union employee's
confidential personnel file, only if the employee sins a written consent form
granting the Union access to the file.
Copies of Memorandum of Understanding--The City and the Union shall share the cost
of printing sufficient copies of the MOU for all current and new bargaining unit and
management employees.
Article 3. Non-discrimination
This agreement affords that no person shall in any way be favored or discriminated against to the
extent prohibited by law because of age, sex, sexual orientation, race, religion, ethnic or national
origin, physical and mental disability, political or religious opinions, or affiliations to the extent
to which a person chooses to engage or not engage in Union activities.
Article 4. Wages and Compensation
4.1 Wages~Salary increases for each classification in the unit will be provided as set forth
below, beginning on the date indicated and shall include the entire payperiod in which the
date falls. The base hourly rate of pay is set forth in the salary schedules in the
Appendices and will reflect the following.
4.1.1 Fiscal Year 2001 Increase~Effective the entire payperiod including 7/1/01, the
base rate of pay for all employees shall be adjusted to the average of the survey
cities for the period 7/1/01 through 6/30/02. A total compensation and salary
survey will be conducted for the firefighter chssification on or near the month of
11/01, utilizing the same survey agencies. The increase will be based on the
survey average for compensation and total compensation, with the same
differential maintained between the classifications as it was in the previ6us
schedule.
Page 4
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
4.2
4.1.2 Fiscal Year 2002 Increase--Effective the entire payperiod including 7/1/02, the
base rate of pay for all employees shall be adjusted to the 60th percentile for the
period of 7/1/02 through 6/30/03. A total compensation and salary survey will be
conducted for the fn:efighter classification on or near 8/1/02, utilizing the same
survey agencies. Increases to the base rate of pay to the 60t~ percentile of the
survey for all bargaining unit members will be effective for the entire payperiod
including 7/1/02. The increase will be based on the survey average for
compensation and total compensation, with the same differential maintained
between the classifications as it was in the previous schedule.
4.1.3 Fiscal Year 2003 IncreasemEffective the entire payperiod including 7/1/03, the
base rate of pay for all employees shall be adjusted for the period of 7/1/03
through 6/30/04 by the average of the market movement for the City's standard
survey agencies. A market movement survey will be conducted for the firefighter
classification on or near the month of 8/1/03, utilizing the same survey agencies.
Compensation will be adjusted by the average amount for the survey agencies and
survey methodology, with the same differential maintained between the
classifications as it was in the previous schedule.
4.1.4 Fiscal Year 2004 Increase--Effective the entire payperiod including 7/1/04, the
base rate of pay for all employees shall be adjusted to the 60th percentile for the
period of 7/1/04 through 6/30/05. A total compensation and salary survey will be
conducted for the firefighter classification on or near 8/1/04, utilizing the same
survey agencies. Increases to the base rate of pay to the 60th percentile of the
survey for all bargaining unit members will be effective for the entire payperiod
including 7/1/04. The increase will be based on the survey average for
compensation and total compensation, with the same differential maintained
between the classifications as it was in the previous schedule.
4.1.5 Fiscal Year 2005 IncreasemEffective the entire payperiod including 7/1/05, the
base rate of pay for all employees shall be adjusted for the period of 7/1/05
through 6/30/06 by 4%.
Payment of Compensation--Each employee shall be compensated on a biweekly basis.
Payment will normally be made on the Thursday knrnediately following the conclusion of
a City payperiod. A City payperiod consists of 14-calendar days and begins on a Friday,
which is the fn'st day of a payperiod and ends on a Thursday, which is the last day of a
payperiod. Employees who are in continuous paid regular status for a partial~ payperiod
shall receive prorated compensation for the payperiod at the rate of 1/112th of the
employee's actual biweekly rate of pay for each hour of the payperiod that the employee
was on continuous paid regular status.
4.2.1 Continuous Paid Regular ServicemAn employee who is on continuous paid
regular service with the City in a classification covered by this agreement shall be
in the unit. Continuous paid regular service excludes all unpaid leaves of absence
of an employee and excludes all time an employee is not in-a full-time regular
employment status with the City.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 5
4.3
Time-in-Step--Each employee shall complete the following time at each step of the salary
schedule applicable to the employee's classification prior to advancing to the next step in
the salary schedule.
Schedule Step Criteria
Entry ........... From date of hire to the completion of basic Firefighter academy.
1 ................ After completion of academy to completion of probation.
2 ................ After completing another full year
3 ................ After completing another full year
4 ................ After completing another full year
5 ................ After completing another full year
Article 5. Special Compensation
5.1 Temporary Fire Captain Compensation~Employees in a classification below the level of
Fire Captain, who are assigned to perform the duties of a Fire Captain for a period of 4-
full hours or more, shall receive added compensation for all time served. Tkis
compensation shall be at the hourly rate of pay the employee would otherwise qualify
were the employee promoted to the classification, which is Step 4 of the Fire Captain
salary schedule. An employee in a classification below the level of Fire Captain who is
assig-ned to perform those duties for a period of time less than 4-full hours shall not
receive additional compensation for any of the time spent in performing such duties.
5.2 Temporary Battalion Chief Compensation~Employees in the classification of Fire
Captain who are assi~o-ned to perform the duties of a Battalion Chief for a period of 4-full
hours or more shall receive added compensation for all time served. This compensation
shall be for all time served at the rate of 5% above the employee's base hourly rate of pay
or at the hourly rate of pay for which the employee would qualify, were the employee
promoted to the classification of Battalion Chief, whichever is greater. An employee in
the classification of Fire Captain who is assigned to perform the. duties of Battalion Chief
for a period of less than 4-full hours shall not receive additional compensation for any of
the time spent in performing such duties.
5.3 Temporary Engineer CompensationmEmployees in the classification of Firefighter or
Paramedic/Firefighter who are assigned to engineer duties for a period of 4-full hours or
more shall receive added compensation. This compensation shall be for all time served at
the rate of 5% above the employee's base hourly rate of pay or at the hourly rate of pay
for which the employee would qualify were the employee given the engineer special
assignment. An employee who is assigned to perform the duties of En~neer for a period
of less than 4-full hours shall not receive additional compensation for any of the time
spent in performing such duties.
5.4 Temporary Fire Inspector AssignmentmEmployees in the classification of Firefighter,
Paramedic/Firefighter, or Fire Apparatus Engineer who are assigned to temporary Fire
Page 6
Memorandum of Understanding between the
City of South San Francisco and the IAb'F, Local 1507
July 1, 2001 through June 30, 2006
5.5
5.6
5.7
5.8
5.9
5.10
Emergency Medical Technician I Fire Service (EMT IFS) Instructor Assignment
Compensation--Employees in the classification of Paramedic/Firefighter who are
assigned to perform the duties of an EMT IFS Instructor shall receive an additional 5%
compensation above the employee' s base hourly rate of pay, including incentives.
Emergency Medical Technician (EMT) Certification--Employees who maintain an
Emergency Medical Technician certification will receive 2.5% above their base hourly
rate of pay for wkich the employee otherwise qualifies. Such certification is mandatory
for each employee hired after 6/30/01.
5.6.1 Mandatory EMT Certification--All employees hired into frre suppression
positions after 6/30/01 must maintain EMT certification. The City will continue
to provide training and remedial training to maintain recertification.
Promotion to Captain--Employees promoted to Fire Captain shall be placed at Step 4 of
the established Fire Captain salary schedule.
Fire Apparatus Engineer Compensation--Effective 2/1/02, Fire Apparatus Engineer shall
be considered a classification, not an assignrnent, and all current Fire Apparatus
Engineers and future Fire Apparatus Engineers shall be considered paxi of this
classification. Employees in this classification .shall receive an additional 5% above the
employee's base hourly rate of pay, including incentives.
5.8.1 Promotion to Fire Apparatus EngineermThe selection process for the
classification of Fire Apparatus Engineer will be based on seniority and having
completed driver's training qualifying them to serve as a Fire Apparatus Engineer.
Those employees who promoted to Fire Apparatus Engineer on or after 2/1/02
shall serve the following probationary periods.
5.8.1.1 Six-month Probationary PeriodmEmployees with an original Personnel
Action Form processed for Acting Engineer of 3 or more years from the
date of regular appointment to Fire Apparatus Engineer shall serve a
probationary period of 6 months.
5.8.1.2Twelve-month Probationary Period--Employees with an original
Personnel Action Form processed for Acting Engineer of less than 3 years
from the date of regular appointment to Fire Apparatus Engineer shall
serve a probationary period of 12 months.
Service Incentive Rate--An employee who has completed 7 years of full-time regular
employment is eligible and shall be compensated for the service incentive rate of an
additional 2.5% above the employee's base hourly rate of pay.
Education Incentive Rate--
5.10.1 Education Incentive for Fire Suppression--An employee who has completed 3
years of full-time regular employment and who has any one of the following shall
receive 5% above the employee's actual base hourly rate of pay.
5.10.1.1 Applicable Programs/Courses--Any one of the following
programs/courses may apply for this education incentive program:
5.10.1.1.1 Associate Degree--An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 7
5.10.1.1.2 Bachelor's Degree--A Bachelor of Arts degree in Public
Administration or Management.
5.10.1.1.3 Accredited Units~40 accredited Units in Fire Science or
other courses that can be applied towards obtairfing a
Bachelor's degree in Vocational Education, Management, or
Public Administration.
5.10.1.2 Non-applicable Coursework--None of the following courses can be
applied towards the educational incentive program:
· Any Firefighter I courses.
· Emergency Medical Technician Certification.
· Paramedic Training.
· Any course attended while on duty.
· Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.9.1.3 Coursework Documentation--Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accredited college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, or Public Administration or an Associate of Arts in
Fire Science or Fire Technology.
5.10.2 Education Incentive for Non-assignment Fire Inspectors--An employee who has
completed 3 years of full-time regular employment in the Fire Department and
who has any one of the following shall receive 5% above the employee's actual
base hourly rate of pay.
5.10.2.1 Fire Inspectors Hired Prior to 11~29/01--Those employees in a fire
inspector classification as of 11/28/01 will receive Education Incentive
based on the same criteria for fire suppression employees, as identified
above.
5.10.2.2 Fire Inspectors Hired 11/29/01 or Later--Those employees hired into a
fn-e inspector classification as of 11/28/01 or later will receive Education
Incentive as identified below.
5.10.2.3 Applicable Programs/CoursesmAny one of the following
programs/courses may apply for this education incentive program:
5.10.2.3.1 Associate Degree--An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology, Building
Technology, or
5.10.2.3.2 Bachelor's DegreemA Bachelor of Arts degree in Business
Administration, Public Administration, Management, or
Page 8
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Stme 30, 2006
5.11
5.10.2.3.3 Accredited Units '!,0 accredited Units in Fire Science or
other courses that can be applied towards obtaining a
Bachelor's degree in Vocational Education, Management,
Business Administration, Public Administration, or Building
Technolog'y.
5.10.2.4 Applicable Coursework for Fire Inspector Classification--None of the
following courses can be applied towards the educational incentive
program:
· Any Firefighter I courses.
· Emergency Medical Technician Certification.
· Paramedic Training.
· Any course attended while on duty.
· Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.10.2.5 Coursework Documentation--Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accredited college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, Business Administration, or Public
Administration or an Associate of Arts in Building Technology, Fire
Science, or Fire Technology.
Bilingual Incentive Rate--
5.11.1 Testing and Compensation--An employee who has tested, using the City's
standard bilingual testing procedures, and demonstrated to the Fire Chief's
satisfaction proficiency in speaking a second language, shall be compensated at a
rate 2.5% hi~er than the employee's actual base hourly rate of pay. Such
compensation shall commence the next payperiod after the employee has passed a
qualifying examination, as determined by the City, demonstrating proficiency in
the language.
5.11.2 Eligibility---To be eligible to participate in this program, employees must speak a
second language used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will receive
bilingual pay, even if the population changes and a significant segment no longer
speaks the language.
5.11.3 Language Determination~Languages that are spoken in South San Francisco will
be determined by reviewing the demographic data from the local school district.
The Fire Chief and the Union will then meet once a year to determine the
languages that qualify under this section.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 9
5.11.4 Current Languages in Effect The following
employee to receive the bilingual incentive pay.
· Spanish.
· Tagalog.
· American Sign Language.
languages shall qualify for an
Article 6.
6.1
6.2
6.3
6.4
6.5
Assignments and 40-hour Classifications
Assignments and ClassificationsmSome positions in the unit will be either a special
assigm-nent or a permanent position with a 40-hour workweek schedule as identified in
Appendix A.
Salary--The salary range for 40-hour positions includes all unit incentives, except the
Bilingual Incentive. Employees in 40-hour positions are eligible for the Bilingual
Incentive, only when proficiency has been demonstrated as designated in this agreement.
Assignment Positions Shift Overtime--Shift overtime will be paid at the 56-hour rate for
the classification the employee was in prior to being assigned EMS Coordinator or Fire
Inspector II duties.
Leave Accrual--Employees in this group will have all leaves accrue at the 40-hour rate
and will use them on an hour-for-hour basis.
Leaves Accrued and Taken--Leaves are accrued per payperiod as follows, which may be
used as provided in the relevant sections of this agreement:
6.5.1 Holidays--There are thirteen hol/days per year, which will be considered paid
time off.
6.5.2 Paid Family Care Leavem24 hours per year of this leave.
6.5.2.1 Leave Amounts--Effective the payperiod including 1/1/02 employees in
these assignments or classifications have 12 hours of Paid Family Care
Leave; and effective 1/1/03 Paid Family Care Leave is eliminated. All
Paid Family Care Leave taken is inclusive of any leave taken from Sick
Leave as Family Care.
6.5.3 Bereavement Leave--24 hours per qualifying event if the funeral is within the
State of California and 40 hours if the funeral is outside the State of Califorrda.
6.5.4 Medical Appointment Leave--This leave is not charged to Sick Leave for the first
8 hours of use. All other time used for this purpose will be charged to Sick Leave.
6.5.5 Sick Leave--Accrues at 3.69 hours per payperiod and will be charged on an hour-
for-hour basis when used.
6.5.6 Compensatory Time--An employee in a 40-hour position may, at the employee's
option or the City's option, receive pay for overtime hours worked or may
accumulate compensatory time as allowed by law up to a maximum of 70 hours in
lieu of pay for said overtime.
6.5.6.1 Shift Overtime--Compensatory time is not available in lieu of overtime
r>av when working a 24-hour shift.
Page 10
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
6.5.7
6.5.8
6.5.6.2 Taking Compensatory Time--The overtime hours worked may be taken as
compensatory time off provided anyone wishing to exercise this option
must give 3 days notice of the desire for such time off and the time off
must be taken under such conditions as will not interfere with the
mii~imum staffing and continued functioning of the division.
Flexible Work Schedules--Upon approval of the Fire Chief, an employee in a 40-
hour position may work a flexible work schedule that provides for a starting time
or ending time other than the normal workday provided that the schedule does not
exceed 80 hours in a payperiod.
Vacation Leave--This leave will accrue, based on the 40-hour workweek rate of:
Accrual Rate Biweekly Annually
1st through 4~h year ......................... 3.08 hours ...... 80 hours.
5th through l0th year ....................... 4.62 hours ..... 120 hours.
llth through 14th year ..................... 6.16 hours ..... 160 hours.
15th through 24th year ..................... 7.69 hours ..... 200 hours.
25th and succeeding years ............... 9.23 hours ..... 240 hours.
Article 7. Uniforms
7.1
7.2
7.3
7.4
Uniforms--Employees are eligible for reimbursement or payment to a vendor permitted
by the City for approved uniform items. This reimbursement or payment will be for the
purchase price when the employee presents a proper claim, itemized receipt, and upon
verification by the employee's immediate supervisor that the items have been received.
Employees may use the uniform allowance for reimbursement for uniform cleaning, when
done by a licensed cleaning establishment. Clothing and cleaning receipts, including
shipping charges, are to be submitted according to department policy, with
reimbursement following thereafter.
Eligibility~The uniform allowance commences the second year of employment with/n
the department. After the first year of employment is completed, the employee will
receive the second-year's uniform allowance on a prorated basis.
Leather Helmet After the completion of probation and upon the employee's request, the
City will purchase for the employee a leather helmet (less the cost of the department issue
helmet). The employee's cost of the leather helmet will be reimbursed to the City from
the employee's uniform allowance in two equal payments over a 2-year period. The
leather helmet becomes the property of the employee after 3-full years from date of issue.
If an employee separates from the department within three years from the date of issue,
the employee may buy out the City's share. If the employee elects to not purchase the.
helmet, it shall be returned to the City.
Allowance Amounts--Uniform allowance amounts are indicated in Appendix C.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page i 1
Article 8. Benefits
8.1.2
Insurance Benefits--Employees shall be eli~ble to receive benefits as follows:
8.1.1 Medical Insurance--
8.1.1.1 Available Plans--Subject to the terms and conditions of the City's
contracts with medical insurance carriers, employees shall be permitted
to select medical insurance coverage for themselves and their eligible
dependents from one of the following plans:
· Kaiser Foundation Health Plan "S" coverage.
· Blue Shield or other plan to be determined.
8.1.1.2 Payment of Premium Costs--The City shall pay the premium costs for
eligible employees and their dependents to the insurance carrier for the
plan selected by each employee, in accordance with the terms and
cond/tions prescribed by the contract with the carrier.
8.1.1.2.1 Maximum Rate--The maximum City contribution to the
employee's medical premium shall be a rate equivalent to the
I-DvlO plan that is the highest composite rate in effect during
the term of this agreement with employees enrolled in more
expensive plans paying the difference between the highest
composite HMO rate and the other premium rates.
8.1.1.3 Effective Dates of Coverage--The effective date of coverage for medical
insurance shall be the first day of the month following the month of
employee and dependent enrollment. Coverage shall terminate on the
last day of the month in which an employee separates from employment.
Dependent coverage shall terminate on the date prescribed by each
provider's contract for discontinuance of no-longer-eligible dependents.
Medical Insurance for Employees who Retire--Subject to the terms and
conditions of the City's contracts with the medical insurance carriers, an employee
who retires during the term of this agreement on a service, an industrial disability,
or a non-industrial disability retirement shall be provided the opportunity to
continue health insurance with one of the City's plans, subsequent to the date of
retirement. The City shall continue to pay the premium costs for the employee
only and the retiring employee shall bear the premium cost of any dependent
coverage.
8.1.3 Medical Insurance for Spouse after Employee or Retiree Death--A retired
employee's spouse shall be provided with 2 months of medical insurance
coverage at the City's expense upon a retiree's death. The City Shall provide up to
one year of City-paid medical coverage to the spouse of an active employee who
dies.
8.1
Page 12
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
8.2
8.3
8.4
8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree DeathmThe
spouse of a deceased employee or retiree shall be allowed to purchase medical
insurance from a City-provided medical plan at the City's premium rate, provided
that:
· There is no cost to the City.
· The medical provider does not require a City contribution.
· The City is held harmless if coverage is discontinued.
Dental Insurance--Subject to the terms and conditions of the City's dental plan for the
Firefighters Association, employees and dependents shall be provided dental insurance
with no premium costs to employees.
8.2.1 Effective Dates of Coverage--Coverage shall become effective on the first day of
the month following 6-full months of employment with the City. Only employees
appointed on the first day of any month, and who enroll in the plan, are eli~ble
for coverage after the first of the month following' 6-full months of employment.
Coverage shall terminate on the last day of the month an employee separates from
City employment.
8.2.2 DentalmThe available plan has a $3,000 per year participant limit.
8.2.3 OrthodontiamThe lifetime orthodontia coverage benefit for each employee's
eligible dependent shall be $4,000.
8.2.4 Purchase of Dental Insurance for Employees Who Retire--Effective 2/1/02, an
employee who retires on a service, industrial disability, or non-industrial disability
retirement from the City shall be provided the opportunity to continue dental
insurance for themselves and eligible dependents under the City's lesser value
group plan by paying for the premium payments through the City. The employee
must be enrolled in the dental plan prior to retirement. The employee will be
completely responsible for these payments and for continuing the insurance
coverage.
Vision InsurancemSubject to the terms and conditions of the City's vision plan,
employees and dependents shall be provided vision insurance, with no premium costs to
employees.
8.3.1 Effective Dates of Coverage.. Coverage shall become effective on the first day of
the month following enrollment and shall terminate on the last day of the month
an employee separates from City employment.
8.3.2 PIan~The vision plan is Vision Service Plan B with a $10.00 deductible.
Discretionary Benefit Option--Employees who can demonstrate to the City's satisfaction
that they have medical coverage elsewhere, may elect to have the City pay 80% of the
cost of health and welfare benefits as defined below into the employee's deferred
compensation account.
8.4.1 Proof of Alternate Insurance--An employee must provide proof of an alternate
insurance in order to be elJ~ble for this program. Health and welfare benefits are
defined to be a combination of medical, dental, and vision insurance premiums.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 13
8.5
8.6
8.4.2 Method of Computation--The City shall utilize a weighted average for
determining the cost of such benefit. The City shall determine the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost. 80%
percent of this total will be the amount deposited in the employee's deferred
compensation account in lieu of the paid medical, dental, and vision benefits.
8.4.3 Exercising the Option--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Life Insurance and Accidental Death and Dismemberment Insurance--
8.5.1 Life Insurance Benefits Ceasing--Effective 2/1/02 in consideration for continuing
enhanced dental benefits, the Life Insurance and Accidental Death and
Dismemberment Insurance will cease to exist for all bargaining unit members.
8.5.2 Benefits--
8.5.2.1 Life Insurance Benefits Ceasing--Effective 2/1/02 in consideration for
continuing enhanced dental benefits, the Life Insurance and Accidental
Death and Dismemberment Insurance will cease to ex/st for bargaining
unit members.
8.5.2.2 Term Life Value--Subject to the terms and conditions of the City's
contract with the provider, the Term Life Insurance for employees will
be provided in the amount of $12,000.
8.5.2.3 AD&D Value--Subject to the terms and conditions of the City's contract
with the provider, Accidental Death and Dismemberment Insurance for
employees will be provided in the amount of $12,000.
8.5.2.4 Payment of Premium Costs--The City shall pay the premium costs for
eligible employees to the insurance provider.
8.5.2.5 Effective Date of Coverage--Coverage is effective on the first day of the
month following date of hire. Coverage shall terminate on the date the
employee ceases to be an employee of the City.
8.5.2.6 Additional Life Insurance--Individual unit members may purchase
additional life insurance through the City's insurance carrier, to the limit
authorized in the contract between the City and the carrier.
Hepatitis B Vaccination--The City will provide, at City expense, a Hepatitis B
vaccination to all employees who desire such vaccination and who are unable to obtain.
one under their medical plan.
Page 14
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
8.7
8.8
8.9
8.10
Long-term Disability Insurance--All bargaining unit members shall pay for and maintain
long-term disability insurance coverage with the California Association of Professional
Firefighters, subject to the terms and conditions of the City of South San Francisco
Firefighter Association's contract with this provider. This long-term disability insurance
plan provides up to 77% of the actual salary of an employee who qualifies for such
payments.
8.7.1 City Notification--The Association agrees that the long-term disability benefit
provider will inform the City when an employee begins receiving long-term
disability insurance benefits and when the benefits end.
8.7.2 Effective Date--Long-term disability coverage becomes effective the first day of
the month following enrollment and terminates on the day an employee separates
from City employment.
8.7.3 Plan Payment--The City shall provide an amount equivalent to the plan's costs,
but no more than $12.00 per month per unit member to pay and maintain their
long-term disability insurance. This amount will be given to the Firefighters'
Association on behalf of each bargaining unit member for the long-term disability
coverage, with that amount included on each employee's W-2 tax statements.
Section 125 Plan--Subject to the terms and conditions of the IRS and related regulations,
employees may participate in the City's Section 125 Plan, which consists of a Dependent
Care Program and an Unreimbursed Medical Program. The City's Third-Party
Administrator oversees the Section 125 Plan and has the final authority on Plan
requirements.
8.8.1 Dependent Care Plan--Participants may pay dependent care costs on a pm-tax
basis, up to $5,000 per year, for the fees of a licensed child-care provider.
8.8.2 Unreimbursed Medical Expense P/an--Participants may pay for approved
medical costs on a pre-tax basis that are not paid by the employee's health care
provider, up to $2,000 per year.
Deferred Compensation--Employees are eligible to participate in the Deferred
Compensation Plans available to the City, subject to the terms and conditions of each
plan and the IRS.
Retirement Benefits--
8.10.1 Retirement Plan--Retirement benefits for employees shall be those established by
the Public Employees' Retirement System (PERS) for Local Safety Members.
8.10.2 Optional Provisions Added--Optional Public Agency Provisions under the
retirement system shall also be provided as follows.
8.10.2.1 The 1959 Survivor Allowance--As set forth in the Public Employees'
Retirement Law providing for third-tier benefits.
8.10.2.2 One-year Highest Compensation One-year highest compensation as
provided for in the Public Employees Retirement Law.
8.10.2.3 Half Continuance--As authorized in the contract between City and
PERS as provided by the Public Employees Retirement Law.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 15
8.11
8.I0.2.4 Sick Leave Service Credit--As provided by the Public Employees
Retirement Law.
8.10.2.5 Military Service Credit--Military Service Credit as public service as
provided by the Public Employees Retirement Law.
8.10.2.6 3% at Age 50 Retirement Formula--The 3% at age 50 retirement
formula will be provided that includes all City service at no cost to the
employee, effective the payperiod including 12/1/02 as provided by the
Public Employees Retirement Law.
8.10.2.7 New PERS Provision Added--On or about July 2002 the City will
request that PERS conduct an actuarial study for the Pre-retirement
Optional Settlement 2 Death Benefit. The City will implement the
benefit no later than the payperiod including 12/1/02.
8.10.3 City Contribution to Retirement System--The City shall pay the rate prescribed by
the Public Employees' Retirement System for employer contributions in
accordance with the rules and regulations governing such contributions.
8.10.4 Employee Contribution to Retirement System--Employees will pay the employee
portion to the Public Employees' Retirement System in accordance with the rules
and regulations goverrfing such contributions.
Sick Leave at Separation--
8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85--Upon
death, full service retirement, or disability retirement, an employee shall be paid
for half of the accrued sick leave at the time of the qualifying event. Payment of
unused sick leave hours shall be made at the employee' s actual hourly rate of pay.
Such right to payment is deemed a property rig.bt and shall not be taken from the
employee without mutually agreed-upon compensation.
8.11.2 Sick Leave Cap--No employee shall receive payment for any recorded hours in
excess of the 1,680 hours cap, with the maximum payable of 840 hours. Except
those employees who have in excess of the 1680-hour cap as of 1/1/89 will have
whatever accrued but unused hours earned as of that date become their cap.
Those employees who are below the 1680-hour cap effective 1/1/89 may accrue
up to the cap with the City paying half upon retirement or death, with the
maximum payable shall be 840 hours.
8.11.3 PERS Service Credit--In addition to receiving a cash payoff for accumulated sick
leave upon retirement as described above, an employee may apply all remaining
sick leave hours as credit towards retirement throu~,~h the Public Employees'
Retirement System. The employee may also, upon death, full service retirement,
or a disability retirement, elect to not receive any cash payment and instead apply
all of the accrued sick leave towards Sick Leave Service Credit for a PERS
retirement.
Pag~ 18
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Article 10. H onaays
10.1 Holiday Compensation--In heu of paid time off, compensation for hohdays shall be as
follows:
10.1.1 Full-day Holidays--Employees shall receive an additional 10.7% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
January 1st ........................................ New Year's Day
Third Monday in January .................. Martin Luther King Birthday
Third Monday in February ................ Washington's Birthday Observed
Last Monday in May ......................... Memorial Day Observed
July 4th .............................................. Independence Day
First Monday in September ............... Labor Day
Second Monday in October ...............Columbus Day Observed
November 11th .................................. Veterans' Day
Fourth Thursday in November .......... Thanksgiving Day
Fourth Friday in November ............... Day following Thanksgiving
December 25th .................................. Christmas Day
10.1.2 Half-day Holidays--Employees shall receive an additional 5.35% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
December 24t~ .................................... Christmas Eve Day
December 31st .................................... New Year's Eve Day
10.1.3 Discretionary Holiday--Employees shall receive an additional 10.7% of the
employee's actual biweekly rate of pay for the payperiod selected by the employee
for receipt of the employee's discretionary holiday compensation. In the event
that an employee does not select a payperiod by the payperiod prior to the last
payperiod of each calendar year to receive the discretionary holiday compensation,
the employee shall forfeit this benefit that calendar year. Employees hired on or
after the payperiod prior to the last payperiod of each calendar year shall not be
eligible for the discretionary holiday compensation for the remainder of that
calendar year.
10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness Leave--An
employee receiving compensation pursuant to the provisions of Section 4850 of
the Labor Code shall receive the same holiday compensation as the employee
would have received had the employee worked a normal on-duty shift time.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July i, 2001 through June 30, 2006
Page 19
10.1.5
10.1.6
Holiday Compensation for Employees on Non-industrial Sick Leave or Family
Care LeavewAn employee who is scheduled to work on the day immediately
preceding an actual holiday, on the actual day of a holiday, and/or on the day
immediately following an actual holiday and who does not report for duty as
scheduled due to personal injury or illness or due to a family care leave absence
shall submit verification or certification as is satisfactory to the Fire Chief or
designee prior to receiving compensation for the holiday.
Employees Not Eligible for Holiday Compensation--A new employee who is not
on full-time regular paid status for the entire payperiod in which a holiday occurs
shall not be eligible for holiday compensation during that payperiod. An
employee receiving long-term d/sability benefits shall not be eligible for holiday
compensation.
Article 11. Paid Leaves
Vacation--Employees shall earn and be ~anted vacation leave.
11.1.1 Vacation Accrual Rates--Employees shall accrue vacation hours in accordance
with the following schedule:
Accrual Rate Biweekly Annual
1st to 4th years .......................... 5.54 hours ...... 144 hours.
5th to l0th years ........................ 8.31 hours ...... 216 hours.
llth to 14th years ...................... 11.08 hours ......288 hours.
15th to 24t~ years ...................... 13.85 hours ......360 hours.
25th and succeeding years ........16.62 hours ......432 hours.
11.1.2 Vacation Selection--
11.1.2.1 Shift Vacation--Each employee shall select vacation in not less than 24-
hour periods or multiple consecutive 24-hour periods by order of
seniority within the department. Such selections are to be made within
each shift schedule. After all employees have had the opportunity to
select vacation time, those employees who have scheduled at least 144
hours of vacation during the calendar year will be allowed an additional
two picks of 12-hour vacation periods each.
11.1.2.2 Vacation Staffing--No more than 2 employees per shift may be on
vacation on any working day. However, 4 employees may be off on
vacation per shift if the fire suppression staffing is above 20, or if it does
not cause overtime, provided the employee requesting vacation calls
before 7:45 a.m. to verify the staffing level.
11.1.2.3 Unscheduled Vacation SelectionmWithin the constraints of above,
unscheduled vacation may be requested on a first-come basis up to one
shift before the vacation would start. Ties are broken by seniority.
11.1
Page 20
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.2
11.1.3 Vacation Buy-back--Employees who have scheduled and taken a minimum of
144 hours of vacation during each calendar year shall be permitted to receive the
cash value of up to 72 hours of unused but accrued vacation. The cash value shall
be determined by multiplying the hours to be paid by the employee's actual hourly
rate of pay.
11.1.4 Vacation Accumulation--Employees may not accumulate more than 2 times their
annual accrual amount of vacation hours. Vacation hours exceeding the
maximum allowed shall automatically be credited for payment and paid once a
year in the fLrst payperiod of January.
11.1.5 Vacation Compensation Payout Upon Separation--An employee who retires or
separates from City employment and who has accrued unused vacation time on
record shall be compensated at the employee's actual hourly rate of pay for all
accumulated hours.
Sick Leave/Non-industrial Injury Illness Leave--
11.2.1 Definition--An employee who is temporarily and/or part/ally disabled from
performing the full scope of the usual and customary duties of the classification as
the result of an injury or illness that is not industrially caused shall be eligible to
receive sick leave without loss of salary or benefits within the limits set forth
below.
11.2.2 Amount of Sick Leave--Employees will accrue 12 hours of sick leave per month
of employment, which may be accumulated without limit.
11.2.2.1 Sick Leave Amounts Used for Employees Hired ]/7/97 or Earlier--
Employees hired prior to 1/7/97 or earlier will be charged at the rate of
11.2 hours of leave per 24-hour shift until all hours accrued at the 11.2
rate have been depleted. After each employee uses the hours accrued at
the rate of 11.2 hours per month, that employee will then be charged
hour-for-hour (e.g. 24 hours for each 24-hour shift) for all use of sick
leave.
11.2.2.2 Sick Leave Amounts Used for Employees Hired 1/8/97 or Later--
Employees hired On or after 1/8/97 will be charged hour-for-hour when
using sick leave (e.g. 24 hours of leave charged for each 24-hour shift).
Sick Leave Request--Employees shall complete and submit a request for paid sick
leave for each occurrence of sick leave in accordance with the policies and
procedures established by the Fire Chief.
Approval of Sick Leave Request--The Fire Chief or designee shall review all sick
leave requests and, if approved, the request shall be granted. The Fire Chief or
designee shall not unreasonably withhold approval of an employee's sick leave
request.
Verification of Injury or Illness--
11.2.5.1 Usual Verification--An employee requesting paid sick leave shall
provide reasonable verification of the illness or injury, usually in the
form of the employee's personal affidavit of injury or illness.
11.2.3
11.2.4
11.2.5
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 21
11.2.6
11.2.7
11.2.5.2 Doctor or Nurse Practitioner's Verification--The Fire Chief or designee
may require a verifcafion prepared and signed by a medical doctor or
nurse practitioner, describing the nature and extent of the illness or
injury and confirming that the employee has fully recovered and is able
to perform the full scope of the normal and customary duties of the
classification. This verification shall be required when an employee is
absent due to illness or injury for a period of 3-consecutive shifts. In
addition, the Fire Chief may require a medical verification any time there
is a reasonable basis to believe that an individual employee has abused
the leave. Such medical verification requests shall not be unreasonably
imposed.
Prohibition from Engaging in Outside Occupation--An employee who is absent
from duty as the result of a non-industrial injury or illness and on paid sick leave
shall not perform duties in any occupation outside of the City service. This
requirement is intended to ensure that an absent employee is doing all that is
necessary to facilitate complete and swift recovery from the injury or illness
causing temporary and/or partial d/sability and absence from work.
Sick Leave Management Plan--The purpose of the sick leave management plan is
to provide a formal structure to correct excessive sick leave usage. Generally the
sick leave management plan will become operative when an employee fails to
respond to the supervisor's review and counseling. If circumstances are present
that warrant immediate action, the supervisor, with the approval of the Fire Chief
or designee, may place an employee on a sick leave management plan in
conjunction with the review and counseling of the employee concerning leave
usage.
11.2.7.1 Sick Leave Threshold--
11.2.7.1.1 Employees Scheduled 56-hour Workweeks--Employees
working 24-hour shifts, who exceed 144 hours or 4
occurrences of sick leave per calendar year, regardless of
whether the employee's leave is charged at 11.2 or 24 hours
per 24-hour shift, will be subject to a review of sick leave
usage.
11.2.7.1.2 Employees Scheduled 40-hour Workweeks--Employees
working 40-hour workweeks, who exceed 56 hours or 7
occurrences of sick leave per calendar year will be subject to
a review of sick leave usage.
11.2.7.2Leave Monitoring--The Fire Chief or designee will monitor sick leave monthly.
Any pattern detected, which meets the threshold defined above, will be subject
to review.
11.2.7.3 Exzenuating Circumstances--Under extenuating circumstances, such as serious
injury causing hospitalization, pregnancy/childbirth, or other serious illness or
Page 22
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.3
time, the sick leave review and management program may be suspended by the
Fire Chief or designee. The Fire Chief or designee shall determine those
circumstances under which further review is suspended.
11.2.7.4Review and Counseling--An employee whose use of sick leave falls within the
criteria outlined above shall meet with the immediate supervisor to discuss the
reasons and/or causes of the leave usage. If it is determined that there are not
mitigating circumstances affecting the use of sick leave, the supervisor will
counsel the employee on the proper use of such leave. Corrective action, if
warranted, will be discussed with the employee.
11.2.7.5 Sick Leave Management Plan Requirements--When a sick leave management
plan is imposed, it will include a series of requirements that an employee must
adhere to during the 12-month period the plan is in effect. Adherence to the
requirements should serve to discourage excessive sick leave use.
11.2.7.6 Plan Stipulations--The sick leave management plan stipulates that an employee
submit to the following when sick leave is used.
11.2.7.6.1 Personal Notification--Personally notify the on-duty shift battal/on
chief of the illness/absence by telephone.
11.2.7.6.2 Examination--Have an examination by a medical doctor or nurse
practitioner on the day of the reported illness.
11.2.7.6.3 Affidavit~Obtaln a note from a medical doctor or nurse practitioner
that states the diagnosis and prog-nosis in medical terminology
indicating the extent the employee is precluded from performing the
job. Other than those stated above, a medical rem-to-work release
signed by a health care practitioner will not suffice in meeting this
requirement.
11.2.7.6.4 Other Conditions--Identify any other condition that the supervisor
deems appropriate for the specific circumstances to further
discourage unwarranted use of sick leave.
ll.2.7.7DiscipIinary Process--Failure to adhere to the sick leave management plan
prescribed by an employee's supervisor will result in disciplinary action.
ll.2.7.8Maximum Paid Sick Leave Usage--An employee who has insufficient sick
leave hours on record to cover absences from the job shall use accrued vacation
prior to receiving authorization for a medical leave of absence without pay.
Bereavement LeavetAn employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
11.3.1 Definition of Family Member for Bereavement LeavetThis leave may be granted
for any of the following persons: spouse, child, father, mother, step-father, step-
mother, brother, sister, step-brother, step-sister, grandfather, grandmother, father-,
in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, and son-in-
law.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 23
11.4
11.5
11.3.1.1 Non-family Member Leave--Additionally, other such persons may be
included in this provision if, in the opinion of the Fire Chief or designee,
there exists an extraordinarily close familial relationship between the
employee and the person in question. Leave for these other such persons
other than family members as described above shall be charged to
vacation leave.
11.3.2 Leave Within California--Employees may be granted up to a maximum of 48 on-
duty hours per occurrence for the death or to attend the funeral of a family
member within of California.
11.3.3 Leave Outside CaliforniamEmployees may 'be granted up to a maximum of 72
on-duty hours per occurrence for the death or to attend the funeral of a family
member outside of California.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists in instances where the employee can demonstrate that
the appointment could not have been reasonably scheduled to occur on an off-duty day.
An employee requesting such paid leave shall receive approval of the Fire Chief or
designee prior to taking the leave. Such leave shall be authorized only for the actual time
necessary for the appointment and a reasonable travel time to and from the appointment.
Employees shall be required to submit a personal statement describing the nature and
need of such visits. The City reserves the right to confn-m or verify any appointment for
which such leave is authorized.
11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour Employees--The
first 11.2 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
leave.
11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour Employees--The
fn:st 8 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
leave.
Paid Family Care Leave--
11.5.1 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Fire Chief or designee may grant leave to an employee for some
other person (other then family member, as listed), if in the opinion of the Fire
Chief or designee, there exists or existed an extraordinary close familial
relationship between the employee and such other person.
Page 24
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
11.5.2 Eligibility for Paid Family Care Leave--
11.5.2.1 56-Hour EmployeesmEffecfive the payperiod including 1/1/02, for 56-
hour employees, Paid Family Care Leave shall be 24 hours per year for
the purpose of obtaining medical consultation or treatment or for caring
for an injured or ill family member as defined above.
11.5.2.2 40-Hour EmployeesmEffecfive the payperiod including 1/1/02, for 40-
hour employees, Paid Family Care Leave shall be 12 hours per year for
the purpose of obtaining medical consultation or treatment or for caring
for an injured or ill family member as defined above.
11.5.2.3 Elimination of Leave--Effective the payperiod including 1/1/03, the
remaining hours of the Paid Family Care Leave for both 56-hour and 40-
hour employees will be eliminated.
11.5.3 Sick Leave as Family Care LeavemEmployees accrue sick leave each year as
defined in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are peru-fitted to use up to half of their annual
sick leave accrual, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
11.5.3.1 Defini~on of Family Member for Sick Leave as Family Leave
Purposes--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
11.5.3.2 Leave Amount--The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision as defined above, if elig/ble,
shall not exceed one-half of the employee's annual accrual of sick leave.
Concurrent Use of Leave--This leave may run concurrently with any family care
leave permitted under federal or state law.
Leave Accounting--The accounting for paid family care leave and sick leave as
family care shall be on a payroll calendar year basis, effective the payperiod
including January 1st of each year.
Notification Procedures--An employee using such leave is required to indicate
the reason, such as "sick" or "injured" along with the name of the family member,
for the absence on the appropriate City form.
11.5.6.1 Leave Notification--Leave usage forms and notification procedures will
continue to be used, and employees may be required to submit a health
care practitioner's verification of injury or illness of the family member
for any period of time that the employee requests family care leave. Suc
medical verification requests shall not be unreasonably imposed.
11.5.6.2 Leave Verification--In addition, employees shall be required to submit a
doctor or nurse practitioner's medical certification, verifying the actual
injury or illness of the employee's family member if an employee
requests family care leave subsequent to having been absent from a
normally scheduled on-duty shift for a period of 48 consecutive hours.
11.5.4
11.5.5
11.5.6
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 25
11.6
11.7
Such medical verification shall not be unreasonably imposed.
Industrial Injury or Illness Leave--An employee who is temporarily and/or partially
disabled from performing the full scope of the usual and customary duties of the
classification as a result of an injury or illness, which has been determined to be
industrially caused shall be granted Industrial Injury or Illness Leave without loss of
salary or benefits.
11.6.1 Administration of Leave--The requirements and the amount of Industrial Injury or
lllness Leave granted an employee are prescribed in Labor Code Section 4850 and
its related sections in effect at the time of the industrial illness or injury.
11.6.2 Light-duty Program--The department has a light-duty program described in
another section of this agreement.
11.6.3 Prohibition from Engaging in Outside Occupation--An employee who is absent
from duty as a result of an industrial injury or illness and receiving Industrial
Injury or Illness Leave shall not perform duties in any occupation outside of the
City service. This requirement is intended to ensure that the employee is doing all
that is necessary to facilitate complete and swift recovery from the injury or illness
that caused the absence from duty and temporary and/or partial disability.
Pregnancy Disability and Childcare Leave--Employees may be granted leave up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or
the placement of a child with an employee in connection with adoption. These leaves
may run concurrently with Preg-nancy Disability, Family Medical Leave Act, or California
Family Rights Act leaves.
Article 12. Leave Conversion
12.1
Leave Conversion Factors--Employees who change workweek schedules shall be
entitled to the following conversions. An employee working 56-hour schedule changing
to a 40-hour schedule will have accrued hours converted to a 40-hour equivalent
workweek. Employees working a 40-hour schedule changing to a 56-hour schedule will
have accrued hours converted to a 56-hour equivalent workweek. The following
conversion factors apply for each leave type:
12.1.1 56-hour Schedule--A 56-hour schedule changed to a 40-hour workweek schedule
will have leaves converted in the following manner.
12.1.1.1 Sick Leave Conversion--Accrued sick leave hours will be converted by
multiplying by a factor of .7142857.
12.1.1.2 Vacation Leave Conversion--Accrued vacation hours will be converted
by multiplying by a factor of .555.
Page 26
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
12.1.1.3 Vacation Buy-back--Employees who have scheduled and taken a
mi3imurn of 144 hours of vacation shall be permitted to receive the cash
value of up to 72 hours of unused but accrued vacation. The cash value
will be determined by multiplying the hours to be paid by the employee' s
actual hourly rate of pay.
12.1.2 40-hour Schedule--A 40-hour schedule changed to a 56-hour workweek schedule
will have leaves converted in the following manner.
12.1.2.1 Sick Leave Conversion--Accrued sick leave hours will be converted by
multiplying by a factor of 1.4.
12.1.2.2 Vacation Leave ConversionmAccrued vacation hours will be converted
by multiplying by a factor of 1.8.
12.1.2.3 Vacation Buy-back--Employees who have scheduled and taken a
mn/mum of 80 hours of vacation during each calendar year shall be
permitted to receive the cash value of up to 51.4 hours of unused but
accrued vacation. For Vacation Buy-back purposes only, when assig-ned
a 40-hour workweek schedule, each hour has a 1.2857-hour equivalency.
The cash value of the buy-back hours will be determined by multiplying
the hours to be paid by the employee's actual hourly rate of pay.
Arti¢,e 13. Long.term Disabinty Progrm
13.1 Benefits--The City will provide employees with
13.2
13.3
13.4
long-term disabihty insurance. In
consideration of changing plans, the employee will pay the $12.00 monthly premium and
the City will reimburse the employee for that amount.
Application for Benefits--An employee who is disabled from performing the full scope of
the usual and customary duties of the classification as the result of an injury or illness and
has utilized all accrued paid leave and sick leave for which the employee is eligible up to
the 30th calendar day of disabihty, may file an application for long-term disability
insurance benefits in accordance with the requirements of the long-term disability
insurance plan.
Elimination Period--The elimination period for the long-term disability plan is 30 days.
Employees will not be required to utilize sick leave in excess of this elimination period in
order to qualify for disability payment.
City Determination--If an employee has a long-term disability, the City shall determine
from medical documentation whether the employee is permanent and stationary or
whether the employee is temporarily disabled:
13.4.1 Permanent and Stationary Status--An employee is considered permanent and
stationary is he/she is incapacitated from performing the full scope of the usUal
and customary duties of the classification.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 27
13.5
13.6
13.7
13.8
13.9
13.4.2 Temporary Disability Status--An employee is considered temporarily disabled if
the medical prognosis for the employee's eventual ability to completely recover to
a point of being able to assume the full scope of the usual and customary duties of
the classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
Permanent and Stationary Determination--If the City determines from medical
documentation that the employee with or without accommodation is permanent and
stationary, the City may retire the employee or otherwise separate the employee from the
classification and/or from City service.
Temporary Disability Determination--If the City determines that the employee is
temporarily disabled from performing the full scope of the usual and customary duties of
the classification and that there exists a probability of complete recovery within a period
of 365 days, or a reasonable extension thereof, then the City may grant the employee a
leave of absence without pay for a per/od appropriate to the time necessary to determine
the employee's ability to completely recover, or the City may not grant such leave and
separate the employee from the classification and/or from City service in accordance with
applicable law.
Permanent and Stationary Determination During Leave of Absence--If the City grants an
employee a leave of absence without pay for the purpose of providing the employee with
the ability to completely recover, and the employee's disability becomes permanent and
stationary during the period of such leave, and the employee is precluded from
performing the duties of the classification with or without accommodation from, then the
City may retire the employee on a disability retirement or otherwise separate the
employee from the classification and/or City service at the time the employee's condition
becomes permanent and stationary in accordance with applicable law.
Accrued Vacation Payment--Upon becoming eligible for long-term disability benefits
and being granted a leave of absence without pay for a period appropriate to the time
necessary to determine an employee's ability to completely recover, the City will pay, at
the request of the employee, any accrued vacation time for which the employee qualifies.
Insurance Premium Payment--The City will continue to pay the insurance premiums on
behalf of a disabled employee and dependents if the employee has elected these benefits,
pursuant to the provisions for such payments otherwise provided in this agreement, until
the date of the employee's separation from City service.
14. Light-duty Program
14.1 Light-duty Program--The purpose of.the light-duty program is to prevent deterioration of
skills, facilitate recovery, and eliminate a potential for income loss. It minimizes the loss
of productive time while at the same time reintroducing the employee to work. Light-
duty assignments will be structured so employees are not placed in a duty status that
would aem-avate an iniurv or illness.
Page 28
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
14.2
14.3.
Coverage--Employees who suffer a temporary or partial disability due to an industrial or
non-industrial injury or illness will be covered by this light-duty program.
14.2.1 Determination and Required Reports--
14.2.1.1 Assignments--l_3ght-duty assignments may be made following
evaluation and determination by the Fire Chief or designee. The
determination will be based on available medical information, and in
consultation with the employee or the employee's immediate supervisor.
Determinations will also be based on the needs of the City and the
impact of light-duty on departmental operations.
14.2.1.2 Evaluation and Determination--The evaluation and determination of
light-duty assignments may be initiated by the Fire Chief or designee, at
the request of the employee's immediate supervisor, or at the request of
the employee.
14.2.1.3 Medical Repons--Once the initial medical report is received by the
department, updated medical reports shall be submitted to the Fire Chief
or designee at two-week or other agreed-upon intervals, for as long as
the employee is off work. Reports will be required for all industrial or
non-industrial injuries or illnesses regardless of whether a light-duty
assignment has been made.
14.2.1.4 Review of Assignment--Reports will be evaluated by the Fire Chief or
designee for purposes of commencing, continuing, or terminating a light-
duty assi=mu'nent.
Light-duty Assignments, Definitions, and Restrictions--
14.3.1 Assignments--Dght-duty assignments may consist of reduced work hours,
limited work, or any combination thereof.
14.3.2 Impact to Employee--Light-duty assignments will not adversely affect the
employee's normal actual biweekly gross wages or retirement benefits.
14.3.3 Fire Department Assignments--ISght-duty assignments will be within the
employee's assigned department and will involve work that is within the
employee's work limitations.
14.3.4 Normal Business Hour Assignments--The employee may be assigned light-duty
work during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday.
14.3.5 Case-by-Case Review--Specific light-duty assignments will be developed based
on a case-by-case review of the medical restrictions, so as not to aggravate an
injury or illness.
14.3.6 Field Emergency Reponses--Employees will not be placed in light-duty
assi~muments that, in the normal course of events, will require a direct field
emergency response.
Reevaluations--The employee shall be allowed to leave the light-duty
assignment due to any discomfort from or aggravation to the injury or illness,
which necessitated the employee going on light-duty status. Absences of 2 or
14.3.7
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 29
14.4
more occurrences during a light-duty assignment shall require an appointment
and evaluation with the treating physician.
14.3.8 Uniforms--Employees shall not be required to wear a uniform while on light-
duty assi~munents.
14.3.9 Holidays--Employees in a 40-hour per week light-duty status shall receive the
same holiday compensation as if still working in a 56-hour workweek
assignment.
14.3.10 Vacation Scheduling--Employees assigned to light-duty work shall take their
vacation as normally scheduled. Vacations shall cover the same number of duty
and calendar days as would have been if the employee had remained on full
duty.
Return-to-Full-duty Status--Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the essential functions
of the classification with or without accommodation.
Article 15. Layoff and Demotion P oncy
15.1 Reduction in Force--In the event of a reorganization or reduction in force, the employee
with the least service in the affected classification shall be demoted first. The demoted
employee shall be reassi~ed to a lower-related classification or assignment held by an
employee with less department seniority.
15.2 Displaced EmpIoyees--If the demoted employee will displace another employee with less
department seniority, and is not deemed capable by the City to work in that classification
or assigr~ment, the demoted employee shall be laid off. The employee with the least City
service shall be laid-off first and so on until no further layoffs are needed. This layoff and
demotion practice shall continue through the ranks until the lowest classification is
reached and no further layoffs are needed.
15.3 Senioriry~When layoffs are to occur, seniority is determined by years of service with the
City, not Fire Department years of service.
Article 16. Paramedic Preceptor Fee
The Union may develop a non-profit organization, affiliated with IAFF, Local 1507, whose
purpose is to improve the health and welfare of the residents, service organizations, or business
of South San Francisco. The foundation will collect funds from various sources and provide
financial support to organizations within the City.
Page 30
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 thxough June 30, 2006
Article 17. Residence Requirements
Employees are required to reside inside the boundaries of the State of California.
Article 18. Emergencies
Nothing contained in this agreement shall limit the authority of the department and the City to
make necessary changes during emergencies. The department and/or the City shall notify the
Union of such changes as soon as possible. Emergency assignments of employees shall not
exceed beyond the period of the crisis. An emergency is defined as an unforeseen circumstance
requiring immediate implementation of the change.
Article 19. Disciple Provision
Employees covered by this agreement shall have the right to appeal the following kinds of
discipline, which shall only be imposed for just and proper cause, using the grievance procedure
contained in this agreement, up to and including binding arbitration for termination; demotion
from one classification to another classification; in grade pay reduction; suspension without pay;
and involuntary removal from a special assignment where the removal results in a loss in base
salary or loss of assignment pay. Employees do not have the right to appeal other forms of
discipline, such as verbal counseling and written reprimands.
Article 20. Grievance Procedure
This grievance procedure shall be applied in resolving grievances filed by employees covered by
this agreement.
20.1 Definition of a Grievance--A grievance is defined as an allegation by an employee or a
group of employees that the City has failed to provide a condition of employment,
established by this agreement, provided that the condition of employment is not a matter
within the discretion of the Fire Chief or the City. This grievance procedure shall not
apply to matters over which the Personnel Board has jurisdiction.
20.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment that has been established by this agreement, or within 45-calendar days from
the time an employee might reasonably have been expected to have learned of the alleged'
failure. In no event shall a ~m-ievance include a claim for money relief for more than the
45-calendar day period, plus such reasonable discovery period.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through Sune 30, 2006
Page 31
20.3
20.4
20.5
20.6
20.7
20.8
20.9
Informal Discussion with Employee's Supervisor--Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with immediate supervisor
in private and attempt to work out a satisfactory solution. If the employee and immediate
supervisor cannot work out a satisfactory solution, the employee may then choose to
represent him/herself individually. Or the employee may request the assistance of an
employee representative of choice, who has been officially authorized by the Union,
pursuant to this agreement, to put in writing and formally present the grievance.
Formal Written Grievance to Employee's Battalion Chief--If the employee chooses to
formally pursue the grievance, it shall be presented in writing to the Battalion Chief
within 15-calendar days after the date upon which the grieving employee informally
discussed the grievance with the immediate supervisor. The written grievance shall
specify the Article, Section, and/or Subsection of this agreement alleged to have been
violated by the City and shall specify dates, times, places, persons, and other facts
necessary for a clear understanding of the matter being grieved. Within 15-calendar days
of receipt of the written grievance, the Battalion Chief shall respond to the grievance with
an answer in writing. If the grievance is not resolved at this level, the employee shall
have 15-calendar days from receipt of the Battalion Chief's answer in which to file an
appeal to the Fire Chief.
Waiver of Battalion Chief Review----~ the grievance is not resolved after the informal
discussion with the employee's immediate supervisor, the grievant and the Battalion
Chief may, by mutual agreement, waive review of the grievance by the Battalion Chief
and proceed to present the grievance to the Fire Chief or designee.
Grievance to Fire ChiefmThe Fire Chief or designee shall have 15-calendar days after
receipt of the grievance to review and answer it in writing. A meeting between the Fire
Chief or designee and the grievant and designated representative is required at this level
unless waived by mutual agreement.
Arbitration of Grievance--In the event that the grievance is not resolved by the Fire
Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire
Chief's decision, request that the grievance be heard by an arbitrator.
Informal Review by the City ManagermPrior to the selection of an arbitrator and
submission of the grievance for hearing by an arbitrator, the City Manager or designee
shall informally review the grievance and determine whether the grievance may be
adjusted to the satisfaction of the employee. The City Manager or designee shall have 15-
calendar days in which to review and seek adjustment of the grievance.
Selection of Arbitrator--The arbitrator shall be selected by mutual agreement between
the City Manager or designee and the grievant or representative. If the City Manager or
designee and the grievant or representative are unable to agree on the selection of an
arbitrator, they shall jointly request the State Mediation and Conciliation Service to
submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or
representative shall then alternately strike names from the list until only one name
remains, and that person shall serve as the arbitrator.
Page 32
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
20.10
20.11
20.12
20.13
20.14
Arbitrator ReviewmThe provisions for arbitration are not intended and shall not be
construed to empower the arbitrator to change any condition of employment, specifically
covered by this agreement or to revise, modify, or alter, in any respect, any provision
contained in the agreement.
Duty of the Arbitrator--Except when an agreed statement of facts is submitted by the
parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by
the parties and to thereafter make written findings of fact and disposition of the grievance,
which shall be final and binding upon the parties. The decision of the arbitrator shall be
based solely on the interpretation of the appropriate provisions of the agreement
applicable to the grievance.
Payment of CostsmEach party to a hearing before an arbitrator shall bear their own
expenses in connection therewith. All fees and expenses of the arbitrator shall be borne
half by the City and half by the grievant.
Effect of Failure of Timely Action--Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-Union Representation--In the event that an employee chooses to represent
him/herself, or arranges for a representative independent of the Union, the Fire Chief and
the City shall make no disposition of a grievance that is inconsistent with the terms and
conditions of this agreement. In the event an employee shall elect a hearing
independently under this Article, the Union shall have the right to be a full and equal
party to such proceedings for the purpose of protecting the interests of its members under
the terms of the agreement.
21.A
21.1
21.2
21.3
21.4
greement, Moaification, and Waiver
Full and Entire Agreement~This agreement sets forth the full and entire agreement of
the parties regarding the matters set forth herein, and any other prior or existing
Understanding and agreements over these matters between the parties, whether formal or
informal, are hereby superseded or terminated in their entirety. In the event that the
provisions of this agreement are found to be in conflict with a City rule, regulation, or
resolution, the provision of this agreement shall prevail over such conflicting rule,
regulation, or resolution.
Written Modification Required--No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties unless made and executed in writing by all parties and
approved by the City Council.
Waiver--The waiver of any breach, term, or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
Term of Agreement~The term of this agreement is from 7/1/01 through 6/30/06.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 33
Article 22. Signatures
Except as amended herein and hereby, all terms and conditions of the a~eement between the
City of South San Francisco and the International Association of Firefighters, Local 1507 as set
forth ori~nally in the Memorandum of Understanding for the period of 7/1/01 through 6/30/06
shall remain in full force and effect for the contract term set forth herein.
Signed this [/ day of ~C;,,~-co--~--~ ,2002 by:
For the City:
For IAFF:
JAB-2/19/02
f:Wile cabinetXeerelafionsXiafI'~ouh'ev5 iaff new 01-06 mou.doc
Page 34
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Appendix A
Classifications
The current classifications in this unit are the following:
· Firefi~ter
· Paramedic/Firefighter
· Fire Apparatus Engineer
· Fire Captain
· Fire Inspector I (40-hour schedule)
· Fire Inspector ri (40-hour schedule)
The current assignrnents in this unit are the following:
· Emergency Medical Technician Instructor EMT-I)
· Emergency Medical Service Coord/nator (EMS) (40-hour schedule)
· Fire Inspector II (40-hour schedule)
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 35
Appendix B
Compensation Adjustments by Classification
Title
7/01
Firefighter 5.84%
Paramedic/Firefighter 5.84%
Fire Apparatus Engineer 5.84%
Fire Captain 5.84%
Fire Inspector I (40-hour schedule) 5.84%
Fire Inspector 17 (40-hour schedule)
Assignments
Emergency Medical Technician Instructor 5.84%
Emergency Medical Service Coordinator (40- 5.84%
hour schedule)
Fire Inspector 17 (40-hour schedule) 5.84%
Compensation Amounts
7/02 7/03 7/04 7/05
60th% NIM 60th% 4.0%
60th% MM 60t1:% 4.0%
60th% MM 60th% 4.0%
60th% MM 60th% 4.0%
60th% MM 60th% 4.0%
B. 1
B.2
B. 3
B. 4
B.5
In the payperiod including 7/1/01, the salary adjustments for all positions in the unit will
be 5.84%.
For the payperiod including 7/1/02, a market survey will be conducted on or about 8/1/02
as indicated in the wage provision of this agreement, and compensation will be made to
the 60m percentile of the market.
For the payperiod including 7/1/03, a market survey will be conducted on or about 8/1/03
assessing only the market movement of the survey agencies as indicated in .the wage
provision of this agreement, and adjustment will be made to the average of the market
movement.
For the payperiod including 7/1/04, a market survey will be conducted on or about 8/1/04
as indicated in the wage provision of this agreement, and compensation will be made to
the 60t~ percentile of the market.
For the payperiod including 7/1/05, the salary adjustments for all positions in the unit will
be 4.0%.
Page 36
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 throu~ June 30, 2006
Appendix C
Uniform Allowance Rates
Employees are eligible for reimbursement or payment to a vendor approved by the City for
approved uniform items. Reimbursement rates effective 7/1/00 for the uniform allowance will be
$600 per fiscal year.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 37
Appendix D
Side Letter - 2/4 Work Schedule Plan
D.I
D.2
D. 3
The City will implement the 11/28/01 draft of the Code Enforcement Captain
Requirements. On or about 3/1/03 the Union may request that the City meet with the
Union, using the process described in item 3 below, to review the implementation of Fire
Department policy 826 and particularly Sections 826.1 and 826.2 in effect as of 11/28/01.
The City and the Union will examine during a one-year trial period the 2/4 workday
schedule. The particulars of such a trial program will be agreed to by the parties jointly.
The Union acknowledges to the City that an overwhelming majority of the bargaining
unit desires to try such a work schedule. Using the process described in item 3 below, the
parties may review the program on or about 3/1/03.
The City and the Union will meet to review the agreement. At the request of either the
Union or the City, using the Interest Based Bargaining process and Mr. Paul Roose of the
State Mediation and Conciliation Service as a facilitator or any facilitator from the State
Mediation and Conciliation Service mutually agreed upon, the parties may review items 1
and/or 2 described above on or about 3/1/03.
Page 38
Memorandum of Understanding between the
City of South San Francisco and the L4FF, Local 1507
July 1, 2001 through June 30, 2006
Appendix E
Side Letter - 2/4 Work Schedule Workweeks
The pilot 2/4 Work Schedule has workweeks and tours of duty.
shifts in a 24-day cycle as follows:
A Shift XXOOOOXXOOOOXXOOOOXXOOOO
B Shift OOXXOOOOXXOOOOXXOOOOXXOO
C Shift OOOOXXOOOOXXOOOOXXOOOOXX
There will be 3 different work
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 39
Appendix F
Code Enforcement Langxlage
The City and the IAFF, Local 1507, agrees that the Fire Captains will perform code enforcement
duties, as identified.
Page 40
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Appendix G
Staff Report
Exhibit A
Firefighters Association Salary and Benefits
1. Agreement - Five-year agreement from 7/1/01 through 6/30/06.
2. PERS Retirement enhancement - Provide 3% at age 50 retirement benefit in the payperiod including 12/1/02.
3. PERS Modifications - Conduct an actuarial study at the be~nning of fiscal year 2003 for Pre-retirement Optional
Settlement 2 Death Benefit.
4. Compensation - Adjust salaries maintaining same level of spread between classifications. Effective 7/1 of each year
for COLAs and retroactive to 7/1 of each year for surveys with the surveys being conducted on or near 8/1 of the
survey year.
· Year 1 - Adjust to the average of the survey agencies (5.84%).
· Year 2 - Adjust to the 60t~ percentile of survey agencies.
· Year 3 - Adjust salaries by market movement of survey agencies.
· Year 4 - Adjust to the 60th percentile of survey agencies.
Year 5 - 4% COLA
5. 'Paid Family Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the payperiod
including 1/1/02, and eliminating all paid family care leave with the payperiod be~nning 1/1/03.40-hour employees
leaves are 12 hours be~nning 1/1/02 and all are eliminated by 1/1/03.
6. 2/4 schedule- set up trial program for 2/4 schedule to review 12 months after implementation with implementation
date approximately 3/1/02.
7. Add code enforcement duties side letter to review after 12 months.
8. 40-hour assigurnents - EMS Coordinator and Fire Inspectors working 40-hour workweeks will have leaves based on
40 hour employees, similar to what is already in agreement for EMS Coordinator with one exception for flexible
work schedules language. Compensatory time will be available up to 70 hours with restrictions noted.
9. Eliminate Life Insurance and Accidental Death and Dismemberment Insurance in order to maintain dental insurance
at current levels.
10. Provide option for re~ees to purchase dental benefits.
11. Grandfather in current fire inspector employees for educational incentive, and modify educational incentive benefit
for fire inspector classification.
12. Language - add discipline provision.
13. Lan~maage - modify language in the following areas:
· Holiday Compensation.
· Extending probation.
· Vacation selection.
· Bereavement Lea~,e.
· Absence Verification.
· Add Fire Apparatus Engineer to classified service.
· Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law.
· Adjust MOU format, such as grouping like sections together.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2001 through June 30, 2006
Page 41
Appendix
Annual Salary Schedules
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
January 1, 2001 through December 31, 2004
Table of Contents
Article
Preamble
Section 1
Article 1
Article 2
Title Page
1
Provisions for Sworn Personnel .......................................................................... 1
Recognition .......................................................................................................... 1
Wages and Compensation ................................................................................... 1
2.1 Wage Rates ................................................................................................. 1
2.1.1 Salary Adjustments ............................................................................ 1
2.1.1 Salary Survey ..................................................................................... 1
2.2 Step Advancement ...................................................................................... 2
2.2.1 Time in Step ....................................................................................... 2
2.2.1.1 Step 2 ..................................................................................... 2
2.2.1.2 Step 3 ..................................................................................... 2
2.2.1.3 Step 4 ..................................................................................... 2
2.2.1.4 Step 5 ..................................................................................... 2
2.2.2 Step Placement ................................................................................... 2
2.3 Incentives .................................................................................................... 2
2.3.1 Education Incentives .......................................................................... 2
2.3.1.1 Associate's Degree ................................................................. 2
2.3.1.2 Bachelor's Degree .................................................................. 2
2.3.2 Certification Incentives ...................................................................... 2
2.3.2.1 Intermediate P.O.S.T. Certificate ........................................... 2
2.3.2.2 Advanced P.O.S.T. Certificate ............................................... 2
2.3.1 Eligibility and Written Notification ................................................... 2
2.4 Special Assi~mzments ................................................................................... 2
2.4.1 Motorcycle ........................................................................................ 2
2.4.2 Dog Handler ..................................................................................... 3
2.4.3 Field Training Officer ....................................................................... 3
2.4.4 School Liaison .................................................................................. 3
2.4.5 Discontinuing Special Assignments ................................................. 3
2.5 Promotion .................................................................................................... 3
2.6 Bilingual Pay ............................................................................................... 3
2.6.1 Former Bilingual Program ................................................................ 3
2.6.2 Bilingual Program ............................................................................ 3
2.6.2.1 Testing ................................................................................... 3
Page ii
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 3
Article 4
Article 5
Title Page
2.6.2.3 Compensation ........................................................................ 4
2.6.2.3.1 Adjustment in Compensation .................................. 4
2.6.2.4 Translating ............................................................................. 4
2.6.2.5 Language Determination ........................................................ 4
2.6.2.6 Language in Effect ................................................................. 4
2.7 Longevity Pay ............................................................................................. 4
2.7.1 After 15 Years .................................................................................... 4
2.7.2 After 20 Years .................................................................................... 4
Allowances and Reimbursements ........................................................................ 4
3.1 Uniform Allowance .................................................................................... 4
3.1.1 Allowance Conditions ........................................................................ 4
3.1.1.1 Reimbursement/Allowance Distribution ............................... 4
3.1.1.1.1 Reimbursement Procedures .................................... 5
3.1.1.2 Cleaning and Maintenance of Uniforms ................................ 5
3.1.1.3 New Employees ..................................................................... 5
3.2 Allowance Amounts .................................................................................... 5
3.2.1 ........................................................................................................... 5
3.2.2 ........................................................................................................... 5
3.2.3 ........................................................................................................... 5
3.2.4 ........................................................................................................... 5
3.3 Vests ............................................................................................................ 5
3.3.1 Wearing Vests .................................................................................... 5
Overtime Pay ....................................................................................................... 5
4.1 Overtime Compensation ............................................................................. 5
4.2 Training Overtime ....................................................................................... 5
4.3 Overtime Pay for Court Appearances ......................................................... 6
4.4 Call-back/in Compensation ......................................................................... 6
4.4.1 Workday Call-back/in ........................................................................ 6
4.4.2 Non-workday Call-back/in ................................................................. 6
4.5 Compensatory Time .................................................................................... 6
4.5.1 Maximum Compensatory Time ......................................................... 6
Benefits ................................................................................................................ 6
5.1 Health Insurance Benefits ........................................................................... 6
5.2 Medical Insurance ....................................................................................... 6
5.2.1 Federal- or State-mandated Medical Insurance Participation ............ 6
5.2.2 Medical Insurance Plans .................................................................... 6
5.2.3 Payment of Premium Costs ................................................................ 7
5.2.3.1 Maximum Rate ...................................................................... 7
5.2.4 Effective Date of Coverage ................................................................ 7
5.2.5 Medical Plan for Employees Who Retire .......................................... 7
5.2.5.1 Spouse-paid Benefit ............................................................... 7
Dental .......................................................................................................... 7
5.3
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page iii
Article
Article 6
Title Page
5.3.1 Available Plan .................................................................................... 7
5.3.2 Changes in Plan ................................................................................. 7
5.3.3 Orthodontia ........................................................................................ 7
5.3.4 Payment of Premium Costs ................................................................ 7
5.3.5 Effective Date of Coverage ................................................................ 7
5.3.6 Dental Insurance for Employees Who Retire .................................... 8
5.4 Vision .......................................................................................................... 8
5.4.1 Available Plan .................................................................................... 8
5.4.2 Payment of Premium Costs ................................................................ 8
5.4.3 Effective Date of Coverage ................................................................ 8
5.4.4 Vision Insurance for Employees Who Retire .................................... 8
5.5 Discretionary Benefit Option ...................................................................... 8
5.5.1 Proof of Alternate Insurance .............................................................. 8
5.5.2 Method of Computation ..................................................................... 8
5.5.3 Exercising the Option ........................................................................ 8
5.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 9
5.6.1 Term Life Value ................................................................................. 9
5.6.2 AD&D Value ..................................................................................... 9
5.6.3 Payment of Premium Costs ................................................................ 9
5.6.4 Effective Date of Coverage ................................................................ 9
5.6.5 Additional Life Insurance .................................................................. 9
5.7 Disability Insurance Program ..................................................................... 9
5.7.1 Coverage ............................................................................................ 9
5.7.2 Costs ................................................................................................... 9
5.7.3 Eligibility ........................................................................................... 9
5.7.4 City Determination ............................................................................ 9
5.7.4.1 Permanent and Stationary Status ........................................... 9
5.7.4.2 Recovery Status ..................................................................... 9
5.7.5 Permanent and Stationary Determination .......................................... 10
5.7.6 Temporary Determination .................................................................. 10
5.7.7 Permanent and Stationary Determination During Leave of
Absence .............................................................................................. 10
5.7.8 Accrued Vacation Payment ................................................................ 10
5.7.9 Insurance Premium Payment ............................................................. 10
5.8 Hepatitis "B" Vaccination ........................................................................... 10
Retirement Benefits ............................................................................................. 10
6.1 Deferred Compensation Program ............................................................... 10
6.2 Retirement Plan ........................................................................................... 11
6.2.1 IRS Section 415 Limits ...................................................................... 11
6.2.1.1 Grandfathering Benefits ......................................................... 11
6.2.1.2 Section 415 Electionl ............................................................. 11
6.2.1.3 Insignificant Provision Conflict ............................................. 11
Page iv
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 7
Article 8
Title Page
6.2.1.4 Significant Provision Conflict ............................................... 11
6.2.1.5 PERS Agreement ................................................................... 11
6.2.2 Optional Provisions Added ................................................................ 11
6.2.2.1 Survivor Allowance ............................................................... 11
6.2.2.2 Single-highest Year Compensation ........................................ 11
6.2.2.3 Military Service Credit .......................................................... 11
6.2.2.4 Three Percent (3%) at Age 50 Formula ................................. 11
6.2.2.5 Sick Leave Service Credit Provision ..................................... 11
6.2.2.6 Other Provisions .................................................................... 11
6.2.3 Employee Contribution to Retirement System .................................. 12
6.3 Payment of Unused Accumulated Sick Leave ............................................ 12
6.3.1 Discontinued 90-day Plan .................................................................. 12
6.3.1.1 Eligible Employees ................................................................ 12
6.3.1.2 Number of Hours Payable ...................................................... 12
6.3.1.3 Time of Payment .................................................................... 12
6.3.2 Sick Leave Accrued After October 1, 1986 ....................................... 12
Holidays ............................................................................................................... 12
7.1 Authorized Holidays ................................................................................... 12
7.1.1 Full-day Holidays .............................................................................. 12
7.1.2 Half-day Holidays .............................................................................. 13
7.2 Holidays Not Worked ................................................................................. 13
7.3 Discretionary Holiday ................................................................................. 13
Leaves .................................................................................................................. 13
8.1 Vacation ...................................................................................................... 13
8.1.1 Vacation Leave Accrual Exceptions .................................................. 13
8.1.2 Vacation Payoff ................................................................................. 14
8.1.3 Deferral of Vacation Period ............................................................... 14
8.1.3.1 Requesting Vacation Deferral ................................................ 14
8.1.4 Vacation Compensation ..................................................................... 14
8.2 Bereavement Leave ..................................................................................... 14
8.2.1 Definition of Family Member for Bereavement Leave .....................14
8.2.2 Leave Within California .................................................................... 14
8.2.3 Leave Outside California ................................................................... 14
8.3 Sick Leave ................................................................................................... 14
8.3.1 Sick Leave Eligibility ........................................................................ 14
8.3.2 Amount of Sick Leave ....................................................................... 15
8.3.2.1 Discontinued Sick Leave Plan ............................................... 15
8.3.3 Advancing Sick Leave ....................................................................... 15
8.3.4 Sick Leave Definition ........................................................................ 15
8.3.5 Sick Leave Request ............................................................................ 15
8.3.5.1 Approval of Sick Leave Request ........................................... 15
8.3.5.2 Notification ............................................................................ 15
Memorandum of Understanding
Bet~veen the South San Francisco Police Association and the
City of South San Francisco
Page v
Article
Article 9
Article 10
Article 11
Title Page
8.3.5.3 Verification of Injury or Illness ............................................. 15
8.3.5.3.1 Usual Verification ................................................... 15
8.3.5.3.2 Doctor's Verification .............................................. 15
8.3.6 Sick Leave Management Plan ............................................................ 15
8.4 Medical Appointments ................................................................................ 16
8.4.1 Medical Appointment Leave Charged to Sick Leave ........................ 16
8.5 Paid Family Care Leave .............................................................................. 16
8.5.1 Employees Hired Pr/or to 1/01/01 Eligibility for Paid Family Care
Leave .................................................................................................. 16
8.5.2 Definition of Family Member for Paid Family Care Leave .............. 16
8.5.3 Sick Leave as Family Care Leave ...................................................... 16
8.5.3.1 Definition of Family Member for Sick Leave as Family
Leave Purposes ...................................................................... 16
8.5.3.2 Leave Amount ........................................................................ 16
8.5.4 Concurrent Use of Leave ................................................................... 16
8.5.5 Notification Procedures ..................................................................... 16
8.6 Light Duty Program .............................................................. ' ...................... 17
8.6.1 Coverage ............................................................................................ 17
8.6.1.1 Determination/Required Reports ........................................... 17
8.6.1.1.1 Assi=munents ............................................................ 17
8.6.1.1.2 Medical Updates ..................................................... 17
8.6.1.2 Light-duty Assignrnents, Definitions, and Restrictions ......... 17
8.6.1.3 Holidays?Vacations During Light-duty Assignments ............ 18
8.6.1.3.1 Holidays Observed .................................................. 18
8.6.1.3.2 Vacations ................................................................. 18
8.6.2 Return to Full Duty ............................................................................ 18
8.7 Pregnancy-related Disability Leave ............................................................ 18
Recreational Facilities and Classes ...................................................................... 19
9.1 Admission to Classes .................................................................................. 19
9.2 Use of Facilities .......................................................................................... 19
Layoff .................................................................................................................. 19
10.1 Layoff. ......................................................................................................... 19
10.2 Seniority ...................................................................................................... 19
10.3 Order of Layoff ........................................................................................... 19
10.4 Notice of Layoff. ......................................................................................... 19
10.5 Layoff Re-employment/Reinstatement List ................................................ 20
10.5.1 Classification Reinstatement List ................................................... 20
10.5.2 Like Classification Reinstatement Opportunities ........................... 20
10.5.3 Duration of Re-employment/Reinstatement Lists .......................... 20
10.5.4 Probationary Returns ...................................................................... 20
2O
Disciplinary Action ..............................................................................................
11.1 Action by City .............................................................................................
2O
Page vi
Memorandum of Understanding
Bet~veen the South San Francisco Police Association and the
City of South San Francisco
Article
Article 12
Article 13
Article 14
Article 15
Section 2
Article 16
Article 17
Title Page
11.2 Chief of Police Action ................................................................................ 20
11.3 City Manager Approval .............................................................................. 20
11.4 Notice of Disciplinary Action ..................................................................... 21
11.4.1 Written Notice ................................................................................. 21
11.5 Notice Timelines ......................................................................................... 21
11.6 Appeal Rights ............................................................................................. 21
Grievance Procedure ............................................................................................ 21
12.1 Definition of a Grievance ............................................................................ 21
12.2 Stale Grievance ........................................................................................... 21
12.3 Informal Discussion with Employee's Supervisor ..................................... 21
12.4 Formal Written Grievance to Captain ......................................................... 22
12.5 Grievance to the Chief of Police ................................................................. 22
12.6 Informal Review by the City Manager ....................................................... 22
12.7 Arbitration of Grievance ............................................................................. 22
12.8 Selection of an Arbitrator ............................................................................ 22
12.9 Duty of Arbitrator ....................................................................................... 22
12.9.1 Arbitrator Decision ' 22
12.9.2 Arbitrator Responsibility ................................................................ 23
12.10 Payment of Costs ....................................................................................... 23
12.11 Effect of Failure of Timely Action ............................................................ 23
12.12 Non-union Representation ......................................................................... 23
Employees Covered ............................................................................................. 23
Modification ........................................................................................................ 23
Dispute ................................................................................................................. 23
Provisions for Civilian Support Staff .................................................................. 24
Recognition .......................................................................................................... 24
Wages and Compensation ................................................................................... 24
17.1 Wage Rates ................................................................................................. 24
17.1.1 Salary Adjustments ......................................................................... 24
17.1.2 Salary Survey .................................................................................. 24
17.2 Time in Step ................................................................................................ 24
17.2.1 Time in Step .................................................................................... 24
17.2.1.1 Step 2 ............................................................................... 24
17.2.1.2 Step 3 ............................................................................... 24
17.2.1.3 Step 4 ............................................................................... 25
17.2.1.4 Step 5 ............................................................................... 25
17.3 Special Compensation ................................................................................. 25
17.3.1 Acting Supervisor Compensation ................................................... 25
17.3.2 Temporary Assignment to Higher-level Classification ..................25
17.4 Promotions .................................................................................................. 25
17.5 Bilingual Pay ............................................................................................... 25
17.5.1 Former Bilingual Pro.am .............................................................. 25
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page vii
Article
Article 18
Article 19
17.5.2
17.5.2.1
17.5.2.2
17.5.2.3
Title Page
Bilingual Program ........................................................................... 25
Eligible Classifications .................................................... 25
Testing ............................................................................. 25
Compensation .................................................................. 25
17.5.2.3.1 Adjustment to Compensation ......................... 26
17.5.2.4 Translating ....................................................................... 26
17.5.2.5 Language Determination .................................................. 26
17.5.2.6 Languages in Effect ......................................................... 26
17.6 Longevity Pay ............................................................................................. 26
17.6.1 After 15 Years ................................................................................. 26
17.6.2 After 20 Years ................................................................................. 26
17.7 Education Incentive .................................................................................... 26
17.7.1 Associate's Degree .......................................................................... 26
17.7.2 Bachelor's Degree ........................................................................... 26
17.7.3 Eligibility and Written Notification ................................................ 26
Allowances and Reimbursements ........................................................................ 27
18'.1 Uniform Allowance .................................................................................... 27
18.2 Allowance Conditions ................................................................................. 27
18.2.1 Distribution of Reimbursement/Allowance .................................... 27
18.2.1.1 Reimbursement Procedures ............................................. 27
18.2.2 Cleaning and Maintenance of Uniforms ......................................... 27
18.2.3 New Employees .............................................................................. 27
18.3 Allowance Amounts .................................................................................... 27
18.3.1 PST, PEO, and PP/ES Classifications ............................................ 27
18.3.1.1 ......................................................................................... 27
18.3.1.2 ......................................................................................... 27
18.3.1.3 ......................................................................................... 27
18.3.1.4 ......................................................................................... 27
18.3.2 PRS and SPRS Classifications ........................................................ 27
18.3.2.1 ......................................................................................... 27
18.3.2.2 ......................................................................................... 27
18.3.2.3 ......................................................................................... 28
18.3.2.4 ......................................................................................... 28
18.4 Vests ............................................................................................................ 28
18.4.1 Wearing Vests ................................................................................. 28
Overtime Compensation ...................................................................................... 28
19.1 Overtime Defined ........................................................................................ 28
19.2 Overtime Records ....................................................................................... 28
19.3 Minimum Overtime .................................................................................... 28
19.4 Overtime Compensation Rate ..................................................................... 28
19.5 Training Time ............................................................................................. 28
19.6 Usual Overtime ........................................................................................... 28
Page viii
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 20
Title Page
19.7 Court Appearance Time .............................................................................. 28
19.7.1 Court Appearance on Scheduled Work Days ................................. 28
19.7.2 Court Appearance on Non-Scheduled Work Days ......................... 28
19.8 Call-back/in Compensation ......................................................................... 29
19.8.1 Workday Call-back/in ..................................................................... 29
19.8.2 Non-workday Call-back/in .............................................................. 29
19.9 Compensatory Time .................................................................................... 29
19.9.1 Maximum Compensatory Time ...................................................... 29
19.9.2 Compensatory Time Cash-out ........................................................ 29
Benefits ................................................................................................................ 29
20.1 Health Insurance Benefits ........................................................................... 29
20.2 Medical Insurance ....................................................................................... 29
20.2.1 Federal- or State-mandated Medical Insurance Participation ......... 29
20.2.2 Medical Insurance Plans ................................................................. 29
20.2.3 Payment of Premium Costs ............................................................. 29
20.2.3.1 Maximum Rate ................................................................ 29
20.2.4 Effective Date of Coverage ..... ~ ....................................................... 30
20.2.5 Medical Plan for Employees Who Retire ....................................... 30
20.2.6 Spouse-paid Benefit ........................................................................ 30
Dental Insurance ......................................................................................... 30
20.3.1 Available Plan ................................................................................. 30
20.3.2 Changes in Plan .............................................................................. 30
20.3.3 Orthodontia ..................................................................................... 30
20.3.4 Payment of Premium Costs ............................................................. 30
20.3.5 Effective Date of Coverage ............................................................. 30
20.3.6 Dental Insurance for Employees Who Retire ................................. 30
Vision Insurance ......................................................................................... 31
20.4.1 Available Plan ................................................................................. 31
20.4.2 Payment of Premium Costs ............................................................. 31
20.4.3 Effective Date of Coverage ............................................................. 31
20.4.4 Vision Insurance for Employees Who Retire ................................. 31
Discretionary Benefit Option ...................................................................... 31
20.5.1 Proof of Alternate Insurance ........................................................... 31
20.5.2 Method of Computation .................................................................. 31
20.5.3 Exercising the Option ..................................................................... 31
Life Insurance and Accidental Death and Dismemberment Insurance ....... 32
20.3
20.4
20.5
20.6
20.7
20.6.1 Term Life Value .............................................................................. 32
20.6.2 AD&D Value .................................................................................. 32
20.6.3 Payment of Premium Costs ............................................................. 32
20.6.4 Effective Date of Coverage ............................................................. 32
20.6.5 Additional Life Insurance ............................................................... 32
Disability Insurance .................................................................................... 32
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page ix
Article
Article 21
Article 22
Title Page
20.7.1 Short-term Disability ...................................................................... 32
20.7.2 Long-term Disability ....................................................................... 32
20.7.3 Payment of Premium Costs ............................................................. 32
20.7.4 Effective Date of Coverage ............................................................. 32
20.7.5 Eligibility ........................................................................................ 32
20.7.6 City Determination ........................................................................ 32
20.7.6.1 Permanent and Stationary Status .................................... 32
20.7.6.2 Recovery Status .............................................................. 33
20.7.7 Permanent and Stationary Determination ...................................... 33
20.7.8 Temporary Determination ............................................................. 33
20.7.9 Permanent and Stationary Determination During Leave of
Absence ......................................................................................... 33
20.7.10 Accrued Vacation Payment ........................................................... 33
20.7.11 Insurance Premium Payment ......................................................... 33
20.8 Hepatitis "B" Vaccination ........................................................................... 33
Retirement Benefits ............................................................................................. 34
21.1 Deferred Compensation Program ............................................................... 34
21.2 Retirement Plan ........................................................................................... 34
21.2.1 IRS Section 415 Limits ................................................................... 34
21.2.1.1 Grandfathering Benefits ................................................... 34
21.2.1.2 Section 415 Election ........................................................ 34
21.2.1.3 Insignificant Provision Conflict ....................................... 34
21.2.1.4 Significant Provision Conflict ......................................... 34
21.2.1.5 PERS Agreement ............................................................. 34
21.2.2 Optional Provisions Added ............................................................. 34
21.2.2.1 Survivor Allowance ......................................................... 34
21.2.2.2 Single-highest Year Compensation .................................. 34
21.2.2.3 Sick Leave Credit Provision ............................................ 35
21.2.3 Employee's Contribution to Retirement System ............................ 35
21.3 Payment of Unused Accumulated Sick Leave ............................................ 35
21.3.1 Discontinued 90-day Plan ............................................................... 35
21.3.1.1 Eligible Employees .......................................................... 35
21.3.1.2 Number of Hours Payable ................................................ 35
21.3.1.3 Time of Payment .............................................................. 35
21.3.2 Sick Leave Accrued After October 1, 1986 .................................... 35
Holidays ............................................................................................................... 36
22.1 Authorized Holidays ................................................................................... 36
22.1.1 Full-day Holidays ........................................................................... 36
22.1.2 Half-day Holidays ........................................................................... 36
22.2 Day of Holiday Observation ....................................................................... 36
22.3 Day of National Mourning or Celebration .................................................. 36
22.4 Holiday Eligibility ...................................................................................... 36
Page x
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 23
Title Page
22.5 Employees Working on a Holiday .............................................................. 36
22.6 Holiday Compensation for Employees on Injury/Illness/Family Care
Leave ........................................................................................................... 36
22.7 Discretionary Holiday ................................................................................. 37
Leaves .................................................................................................................. 37
23.1 Vacation ....................................................................................................... 37
23.1.1 Vacation Accrual ............................................................................ 37
23.1.2 Vacation Leave Accrual Exceptions ............................................... 37
23.1.3 Vacation Payoff .............................................................................. 37
23.1.4 Vacation Scheduling ....................................................................... 37
23.1.5 Deferral of Vacation Period ............................................................ 37
23.1.5.1 Requesting Vacation Deferral .......................................... 37
23.1.6 Vacation Compensation .................................................................. 38
23.2 Bereavement Leave ..................................................................................... 38
23.2.1 Definition of Family Member for Bereavement Leave .................. 38
23.2.2 Leave Within California ................................................................. 38
23.2.3 Leave Outside California ................................................................ 38
23.3 Sick Leave ................................................................................................... 38
23.3.1 Amount of Sick Leave .................................................................... 38
23.3.1.1 Advancing Sick Leave ..................................................... 38
23.3.2 Sick Leave Definition ..................................................................... 38
23.3.3 Sick Leave Request ......................................................................... 38
23.3.4 Approval of Sick Leave Request .................................................... 38
23.3.5 Notification ...................................................................................... 38
23.3.6 Verification of Injury or Illness ...................................................... 39
23.3.6.1 Usual Verification ............................................................ 39
23.3.6.2 Doctor's Verification ....................................................... 39
23.3.7 Sick Leave Management Plan ......................................................... 39
23.4 Medical Appointment Leave ....................................................................... 39
23.4.1 Medical Appointment Leave Charged to Sick Leave ..................... 39
23.5 Paid Family Care Leave .............................................................................. 39
23.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family
Care Leave ...................................................................................... 39
23.5.2 Definition of Family Member for Paid Family Care Leave ........... 39
23.5.3 Sick Leave as Family Care Leave ................................................... 40
23.5.3.1 Definition of Family Member for Sick Leave as
Family Leave Purposes .................................................... 40
23.5.3.2 Leave Amount ........................................................... 40
23.6 Concurrent Use of Leave ............................................................................ 40
23.7 Notification Procedures ............................................................................... 40
23.8 Light-duty Program ..................................................................................... 40
23.8.1 Coverage ......................................................................................... 40
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page xi
Article
Article 24
Article 25
Article 26
23.9
23.10
23.11
Title Page
23.8.1.1 Determination/Required Reports ..................................... 40
23.8.1.1.1 Assignments ................................................... 40
23.8.1.1.2 Medical Updates ............................................ 40
23.8.1.1.3 Light-duty Assignments, Definitions, and
Restrictions .................................................... 41
23.8.1.2 Holidays/Vacations During Light-duty Assignments ...... 41
23.8.1.2.1 Holidays Observed ......................................... 41
23.8.1.2.2 Vacations ........................................................ 42
23.8.2 Return to Full-duty Assignment ..................................................... 42
Industrial Injury or Illness Leave .............................................................. 42
Pregnancy-related Disability Leave .......................................................... 42
Short- or Long-term Disability .................................................................. 42
23.11.1 Application for Benefits ............................................................... 42
23.11.2 City Determination ...................................................................... 42
23.11.3 Permanent and Stationary Determination .................................... 43
23.11.4 Temporary Determination ............................................................ 43
23.11.5 Permanent and Stationary Determination During Leave of
Absence ........................................................................................ 43
23.11.6 Accrued Vacation Payment .......................................................... 43
23.11.7 Insurance Premium Payment ....................................................... 43
Recreation Facilities and Classes ........................................................................ 43
24.1 Admission to Classes .................................................................................. 43
24.1 Use of Facilities .......................................................................................... 43
Layoff .................................................................................................................. 43
25.1 Layoff .......................................................................................................... 43
25.2 Seniority for Layoff Purposes ..................................................................... 44
25.2.1 Order of Layoff ............................................................................... 44
25.3 Notice of Layoff .......................................................................................... 44
25.4 Layoff Re-employment/Reinstatement Lists .............................................. 44
25.4.1 Classification Reinstatement List ................................................... 44
25.4.2 Like Classification Reinstatement List ........................................... 44
25.4.3 Duration of Re-employment/Reinstatement List ............................ 44
25.4.4 Probationary Returns ...................................................................... 45
Disciplinary Action .............................................................................................. 45
26.1 Personnel Rules and Regulations ................................................................ 45
26.2 Action by the City ....................................................................................... 45
26.2.1 Disciplinary Action ......................................................................... 45
26.2.2 Emergency Action .......................................................................... 45
26.2.3 City Manager Approval .................................................................. 45
26.3 Notice of Disciplinary Action ..................................................................... 45
26.4 Written Notice ............................................................................................. 46
26.5 Notice Timelines ......................................................................................... 46
Page xii
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article
Article 27
Section 3
Article 28
Article 29
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Title Page
26.5 Appeal Rights ............................................................................................. 46
Grievance Procedure ............................................................................................ 46
27.1 Definition of a Grievance ............................................................................ 46
27.2 Stale Grievance ........................................................................................... 46
27.3 Information Discussion with Employee's Supervisor ................................ 46
27.4 Formal Written Grievance to Captain ......................................................... 46
27.5 Grievance to Chief of Police ....................................................................... 47
27.6 Informal Review by the City Manager ...................................................... 47
27.7 Arbitration of Grievance ............................................................................ 47
27.8 Selection of an Arbitrator .......................................................................... 47
27.9 Duty of an Arbitrator ................................................................................. 47
28.9.1 Arbitrator Decision ........................................................................ 47
28.9.2 Arbitrator Responsibility ............................................................... 47
27.10 Payment of Costs ....................................................................................... 47
27.11 Effect of Failure of Timely Action ............................................................ 48
27.12 Non-union Representation ......................................................................... 48
Provisions for All Unit Members ........................................................................ 49
Agreement Modification and Waiver .................................................................. 49
28.1 Full and Entire Agreement ........................................................................ 49
28.2 Eligibility for Retroactivity ....................................................................... 49
28.3 Written Modification Required ................................................................. 49
28.4 Waiver ....................................................................................................... 49
Signatures ............................................................................................................ 49
Sworn and Civilian Classifications ...................................................................... 50
Sworn and Civilian Classification Salary Adjustments ....................................... 51
Side Letter - Medical Benefits ............................................................................ 52
Side Letter- Optional PERS Benefits ................................................................. 53
D.1 SickLeave Service Credit ......................................................................... 53
D.2 Single-highest Year Retirement Calculation ............................................. 53
Side Letter - Sick Leave Coding and Recognition .............................................. 54
E.1 Sick Leave Usage Coding ......................................................................... 54
E.2 Low Sick Leave Usage Recognition ......................................................... 54
Police Association Salary and Benefits Staff Report .......................................... 54
Salary Schedules .................................................................................................. 55
F:\File Cabinet\EERelations\Police,.MOUX, PA 01-04 ,MOU.doc
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco,
hereafter designated as "City" and the South San Francisco Police Association, hereafter
designated as "Association", as a mutual agreement of those wages, hours, and conditions of
employment, that are to be in effect during the period 1/1/01, through 12/31/04, for those
employees working in classifications in represented Unit C. The City of South San Francisco
recognizes the South San Francisco Police Association as the employee organization that has
been selected by the employees in the sworn and civilian classifications.
Section 1 - Provisions for Sworn Personnel
Article 1. Recognition
sworn Police Unit C consists of all employees in classifications listed in Appendix A, as well as
all employees in classifications as may be added to this Unit by the terms of this Agreement.
Article 2. Wages and Compensation
2.1 Wage Rates--
2.1.1 Salary Adjustments--Salaries will be adjusted effective the paypefiod including
January 1st Of each year as identified in Appendix B of this agreement.
2.1.2 Salary Survey--A total compensation and salary survey will be conducted for the
police officer classification between the dates of 2/1/04 and 2/15/04 utilizing the
same survey agencies and methodology as used in the 2000 survey. Increases to
the base rate of pay for all bargaining unit members will be at the 60th percentile
of the City's standard survey agencies for the Police Officer classification and will
be effective for the entire payperiod including 1/1/04. Any adjustments will be
based on the survey average for compensation and total compensation, with the
same differential maintained between the classifications as it was in the 2000
salary schedule.
Page 2
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
2.2
2.3
2.4
Step Advancement--Employees shall be required to complete the specified training or
time criteria in paid continuous regular service at each step of the salary schedule prior to
advancing to the next salary step.
2.2.1 Time in Step--Such training or time for each step shall be as noted.
2.2.1.1 Step 2--Move to the next step one year from date of hire.
2.2.1.2 Step 3--After one additional year.
2.2.1.3 Step 4~After one additional year.
2.2.1.4 Step 5--After one additional year.
2.2.2 Step Placement--New employees who have prior police training and/or
experience may be compensated at a higher step in the salary schedule for the
classification as recommended by the Chief of Police and approved by the City
Manager. Such employees shall be required to complete the specified training or
time at their initial hire step prior to advancing to the next step of the salary
schedule.
Incentives--Only one of the below listed incentives, either the Education Incentive or the
Certificate Incentive, will be received by an employee at any given time.
2.3.1 Education Incentives--
2.3.1.1 Associate's Degree--An employee who has successfully completed
probation and who possesses an associate's degree from an accredited
institution of learning shall be compensated at a rate 5% higher than the
rate for which the employee qualifies pursuant to above.
2.3.1.2 Bachelor's Degree---An employee who has successfully completed
probation and who possesses a bachelor's degree from an accredited
institution of learning shall be compensated at a rate 7.5% higher than
the rate for which the employee qualifies pursuant to above.
2.3.2 Certification Incentive--
2.3.2.1 Intermediate P.O.S.T. Certificate--An employee who has successfully
completed probation and who possesses an Intermediate Police Officer's
Standards and Training certificate shall be compensated at a rate 2.5%
higher than the rate for which the employee qualifies pursuant to above.
2.3.2.2 Advanced P.O.S.T. Certificate--An employee who has successfully
completed probation and who possesses an Advanced Police Officer's
Standards and Training certificate shall be compensated at a rate 5%
higher than the rate for which the employee qualifies pursuant to above.
2.3.3 Eligibility and Written Notification--It is the employee's responsibility to submit
written notification to the department's Training Manager, upon the date of
eligibility, requesting the Education or Certification Incentive. The employee will
not be entitled to retroactive pay if the written notice has not been submitted, -
and/or received as in compliance.
Special Assignments--
2.4.1 Motorcycle--A Police Officer assigned to Motorcycle duty shall be compensated
at the rate 5% higher than the employee's actual base hourly rate of pay. No more
than 5 officers shall be assigned to Motorcycle duty.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 3
2.5
2.6
2.4.2
Dog Handler--A Police Officer assigned to Dog Handler duty shall be
compensated at a rate 5% higher than the employee's actual hourly rate of pay for
all hours in a paid status. This 5% compensation is in consideration of the
officer's efforts in caring, feeding, and transporting the animal for the base
number of hours these activities take each month. See side letter of agreement.
2.4.3 Field Training Officer--A Police Officer assigned to Field Training Officer
(FTO) duty shall be compensated at the rate 5% higher than the employee's actual
base hourly rate of pay. No more than 6 officers shall be assigned to this duty.
The department will maintain a list of qualified officers who may temporarily fill
FTO duty, as needed; and who will be compensated at the appropriate rate of pay
when doing this assignment.
2.4.4 School Liaison--A Police Officer assigned to School Liaison duty shall be
compensated at the rate 5% higher than the employee's actual base hourly rate of
pay. No more than 1 officer shall be assigned to School Liaison duty.
2.4.5 Discontinuing S19ecial Assignments--The rate adjustment provided above shall be
removed in the event a Police Officer discontinues working special-assi=mnnent
duty. The Officer's rate shall be reestablished at that rate for which the Officer
qualifies pursuant to above. The reestablished rate shall become effective upon
the date the Officer discontinues working special-assigm'nent duty.
Promotion--An employee who is promoted from one classification to a higher
classification within the Unit shall have his/her rate set at the first step of the new
classification or at the rate for the step 5% higher than the rate earned by the employee
prior to the promotion, whichever rate is higher. Prior to advancing to the next step of the
schedule, the promoted employee will be required to complete the specified time in each
step of the new classification, commencing with the date of promotion.
Bilingual Pay--
2.6.1 Former Bilingual Program--Those employees who receive bilingual
compensation as of 12/31/00 will continue to do so. An employee who has
demonstrated to the Chief of Police's satisfaction, that s/he is proficient in
speaking a second language, shall be compensated. Such compensation shall
commence when the employee has passed a qualifying examination
demonstrating proficiency in the language.
2.6.2 Bilingual Program--The following bilingual program will be in effect as of
1/1/01.
2.6.2.1 Eligible Classifications--All sworn classifications within this unit are
eligible to participate in the bilingual program.
2.6.2.2 Testing--Compensation shall commence the next payperiod after the
employee has passed a qualifying examination, as determined by the
City, demonstrating proficiency in the language. To be eligible to
participate in this program, employees must speak a second language
used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will
receive bilingual pay, even if the population changes and a significant
se~:nent no longer speaks the language.
Page 4
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
2.7
2.6.2.3 Compensation--An employee who has tested, using the City's standard
bilingual testing procedures, and demonstrated satisfactory proficiency
in speaking a second language, shall be compensated at a rate 2.5%
higher than the employee's actual base hourly rate of pay.
2.6.2.3.1 Adjustment in Compensation--Bilingual compensation will be
increased to 5% higher than the employee's actual base hourly
rate of pay, effective 7/1/03.
2.6.2.4 Translating--Employees who have met the criteria and are compensated
for bilingual incentive pay must use those skills whenever the need
arises. Employees may be asked to assist an individual ~vho is doing
business with the City at worksites other than their pr/mary work
location.
2.6.2.5 Langz~age Determi~mtion--The languages that are spoken in South San
Francisco that are subject to the bilingual incentive pay for purposes of
this section will be determined by reviewing the demographic data from
the local school district and/or the number of interactions that sworn
officers have with people speaking languages other than those identified
belo~v. The Chief of Police will determine the significant interactions
with people speaking other languages. The Chief of Police and the
Union will then meet once a year to determine the languages that qualify
under this section.
2.6.2.6 Lan~tages in Effect--The following languages shall be in effect as of
1/1/01, which shall qualify an employee to receive compensation under
this section.
Spanish.
Tagalog.
· American Sign Language.
Longevity Pay--Pay for employees who have served the City will be granted as follows.
2.7.1 After 15 Years--After the 15~' year of service as a full-time regular employee,
1.5% of compensation will be added to the eligible employee's actual hourly rate
of pay.
2.7.2 After 20 Years--After the 20th year of service as a full-time regular employee, in
addition to above, another 1% of compensation will be added to the eligible
employee's actual hourly rate of pay.
Article 3. Allowances and Reimbursements
3.1 Uniform Allowance--
3.1.1 Allowance Conditions--Uniform allowance is subject to the following conditions.
3.1.1.1 Reimbursement/Allowance Distribution--Uniform allowance distribution
will be made in 2 equal increments per fiscal year. The distributions will
occur on the first payperiods in November and May. With the allowance
received, officers shall be responsible for procuring and maintaining their
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 5
3.2
3.3
uniforms and equipment as listed in the department's current General
Order and Procedures Manual.
3.1.1.1.1 Reimbursement Procedures--Reimbursement will be through
the payroll process, effective 1/01/01.
3.1.1.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform
allowance provided to all employees may be applied to expenses incurred
for the maintenance/cleaning of said uniforms. Payment for cleaning
expenses will be provided up to a maximum of 50% of the total uniform
allowance given to each employee per fiscal year. Requests for payment
towards cleaning expenses must be submitted in writing 2 times a year
only during the months of May and November.
3.1.1.3 New Employees--Uniform allowance will commence the second year of
employment with the department. After the first year of employment is
completed, the employee will receive the uniform allowance at the next
payment period, i.e. November or May. If the year anniversary is after the
last payment month, then there will be no reimbursement for that fiscal
year. If the anniversary falls after the first payment in November,
employees shall receive half of that fiscal year's allowance.
Allowance Amounts--Each employee may receive an amount per year for the purchase of
approved uniform items. The amount of the allowance provided in each year of the
agreement shall be as follows.
3.2.1 The amount is $715 per
3.2.2 The amount is $725 per
3.2.3 The amount is $735 per
fiscal year, effective 7/1/01.
fiscal year, effective 7/1/02.
fiscal year, effective 7/1/03.
3.2.4 The amount is $745 per fiscal year, effective 7/1/04.
Vests--Vests will be provided to all new employees at no cost to the employee. A
replacement program has been established for all employees who have vests and includes
how and when vests will be replaced, the types of vests to be replaced, and the mandatory
wearing of vests. '
3.3.1 Wearing Vests--Each employee shall be required to have the approved vest on
his/her person or in the ready bag during each duty shift.
Article 4. Overtime Pay
4.1 Overtime Compensation--Authorized work performed by employees, in excess of their
scheduled workday or workweek, shall constitute overtime except as otherwise provided.
Employees required to work in excess of their scheduled hours of work shall be
compensated for each overtime hour so worked at the rate of 1.5 times the employee's
actual hourly rate of pay.
4.2 Training Overtime--Employees required to attend training sessions, in excess of their
scheduled hours of work, shall be compensated for each hour at 1.5 times the employee's
actual hourly rate of pay.
Page 6
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
4.3
4.4
4.5
Overtime Pay for Court Appearances--Employees who are required in the course and
scope of their official employment to appear in court, other than during their regular tour
of duty or shift hours, shall receive overtime pay at the rate of 1.5 times the employee's
actual hourly rate of pay. An employee shall receive a minimum of 3 hours overtime pay
for such court appearances that occur on scheduled work dates (including voluntary
overtime shift assignments) and a minimum of 4 hours overtime pay for such court
appearances that occur on non-scheduled work dates.
Call-back~in Compensation--Employees who in the course of their official employment
are called back to work, other than during their regular tour of duty or shift, shall receive
overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay.
4.4.1 Workday Call-back~in--An employee shall receive a minimum of 3 hours
overtime pay for call backs that occur on scheduled work dates (including
voluntary overtime shift assignments).
4.4.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours
overtime pay for such call backs that occur on non-scheduled work dates.
Compensatory Time--With the supervisor's approval, employees may receive pay at the
appropriate rate for each overtime hour worked or may accumulate compensatory time in
accordance with departmental policies.
4.5.1 Maximum Compensatory Time--All compensated time off may be taken in
accordance with departmental policies. Accumulated compensatory time cannot
exceed 60 hours.
Article 5. Benefits
5.1 Health b~surance Benefits--Full-time regular employees shall be eligible to receive
insurance benefits currently provided by the City through the contracts with insurance
carriers or self-insurance programs.
5.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage
for themselves and their eligible dependents fi.om one of the following current HMO
plans the City has with the carriers, subject to the terms and conditions of the City's
contract with the providers.
5.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state
or federal statutes mandate that the parties to this MOU participate in a national or
state health plan, health care benefits currently provided to employees covered by
this MOU will not be diminished nor will the employee's cost for maintenance of
these benefits be increased beyond any provided in this MOU.
5.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's
contracts with medical insurance carriers, eligible employees shall be permitted to
select medical insurance coverage for themselves and their eligible dependents
from one of the following plans:
· Kaiser Permanente Foundation Health "S" Plan.
· Aetna US Healthcare or other plan to be determined.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 7
5.3
5.2.3
5.2.4
Payment of Premiums Costs-The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
each employee.
5.2.3.1 Maximum Rate--The maximum City contribution to the employee's
medical premium will be a rate equivalent to the HMO plan that is the
highest composite rate in effect during the term of this agreement with
employees enrolled in more expensive plans paying the difference
between the highest composite HMO rate and the other premium rates.
Effective Date of Coverage--The effective date of health insurance shall be the
first of the month following the date of hire, provided the employee properly
submits a completed enrollment form within 31 days of the eligibility date.
Coverage shall terminate at 12:00 midnight on the last day of the month in which
the employee is on paid status prior to separation from employment with the City.
Dependent coverage shall terminate on the date prescribed by each health
insurance carrier's contract for discontinuance of dependents no longer eligible
for coverage.
5.2.5 Medical Plan for Employees Who Retire--Subject to the terms and conditions of
the City's contracts with medical insurance carriers, an employee who retires on a
service, an industrial disability, or non-industrial disability retirement 'from the
City's service shall be provided the opportunity to continue medical insurance
coverage with one of the City's plans subsequent to the date of retirement. The
City shall continue to pay the premium costs for the employee only and the
retiring employee shall bear the premium costs for any eligible dependents.
5.2.5.1 Spouse-paid Benefit--The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance from a City-provided
medical plan at the City's premium rate provided all of the following: the
employee must have been enrolled in the medical plan prior to retirement
or death; there is no cost to the City; the medical provider does not require
a City contribution; and the City is held harmless if the coverage is
discontinued.
Dental Insurance--
5.3.1 Available Plan--Employees and their dependents shall be provided dental
insurance, subject to the terms and conditions of the City's contract with the
provider.
5.3.2 Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01.
5.3.3 Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible
participants.
5.3.4 Payment of Premium Costs--The City shall pay the premium costs for eligible.
employees and their dependents to the insurance provider.
5.3.5 Effective Date of Coverage--Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
Page 8
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
5.4
5.5
month in which the employee is on paid status prior to separation from
employment with the City.
5.3.6 Dental Insurance for Emlvloyees Who Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the dental plan
prior to retirement. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Vision Insurance--Subject to the terms of the City's vision insurance plan, employees
and their dependents shall be provided vision insurance.
5.4.1 Available Plan--Employees and their dependents shall be provided vision
insurance, subject to the terms and conditions of the City's contract with the
provider. The plan provided by the City for members of the Unit shall afford
smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses.
5.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.4.3 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
5.4.4 Vision Insurance for Employees Who Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue vision insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the vision plan
prior to retiring. The employee will be completely responsible for these payments
and for continuing the insurance coverage.
Discretionary Benefit Option--An employee may elect, once each year, to receive
deferred compensation monies and to have the City pay 80% of the cost in lieu of
medical, dental, and vision benefits into the employee's deferred compensation account.
5.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
5.5.2 Method of Computation--The City shall utilize a weighted average for
determining the cost of such benefit. The City shall determine the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost.
Eighty percent of this total will be the amount deposited in the employee's
deferred compensation account in lieu of the paid medical, dental, and vision
benefits.
5.5.3 Exercising the Olvtion--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 9
5.6
5.7
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Life Insurance and Accidental Death and Dismemberment Insurance--
5.6.1 Term Life Value--Subject to the terms and conditions of the City's contract xvith
the provider, the Term Life Insurance for employees will be provided in the
amount of $5,000.
5.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the
provider, Accidental Death and Dismemberment Insurance for employees will be
provided in the amount of $5,000.
5.6.3 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees to the insurance provider.
5.6.4 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
5.6.5 Additional Life Insurance--Individuals unit members may purchase additional
life insurance through the City's insurance carrier, to the limit authorized in the
'contract between the City and the cartier.
Disability Insurance Program--All sworn employees in this unit shall be required to pay
for and maintain Long-term Disability Insurance coverage, subject to the terms and
conditions of the South San Francisco Police Association's contract with the California
Law Enforcement Association. This contract provides for payment of up to 3Aths of the
base salary of an employee who qualifies for such payment under provisions of the Plan.
5.7.1 Coverage--Coverage is effective on the first day of the month following
enrollment and terminates on the day an employee separates from City
employment.
5.7.2 Costs--Since all sworn employees must pay for and maintain their long-term
disability insurance, the City will provide to the police association on behalf of
each sworn officer the long-term disability insurance costs. In addition, the City
will provide to each sworn officer every month the difference between $44.04 and
amount of the long-term disability insurance costs, which will be included on the
officers' W-2 tax statements.
5.7.3 Eligibility--An employee who is disabled from performing the full scope of the
usual and customary duties of the classification as the result of an injury or illness
and who has utilized all accrued paid leave and sick leave that the employee is
eligible up to the 60-calendar day of disability, may file an application for Long-
term Disability Insurance benefits in accordance with the requirements of the.
South San Francisco Police Association's Long-term Disability Insurance Policy.
5.7.4 City Determination--Upon an employee qualifying for Long-term Disability
Insurance benefits, the City shall determine one of the following:
5.7.4.1 Permanent and Stationa~T Status--Whether the employee's disability
from performing the full scope of the usual and customary duties of the
employee's classification is permanent and stationary.
Page 10
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
5.8
5.7.4.2Recovery Status--Whether the medical prognosis for the employee's
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of the employee's
classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
5.7.5 Permanent and Stationary Determination--If the City determines that the
employee's disability from performing the full scope of the usual and customary
duties of the employee's classification is permanent and stationary, then the City
may, in accordance with applicable law, retire the employee or otherwise separate
the employee from the City's service or from the employee's classification.
5.7.6 Temporary Determination--If the City determines that the employee's disability
in performing the full scope of the usual and customary duties of the classification
is such that there exists a probability of complete recovery within a period of 365
days, or a reasonable extension thereof, the City may in accordance with
applicable law, grant the employee a leave of absence with or without pay for a
period appropriate to the time necessary to determine the employee's ability to
completely recover or the City may not grant such leave and separate the
employee from the City's service.
5.7.7 Permanent and Stationary Determination During Leave of Absence--If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's disability
becomes permanent and stationary during the period of such leave, then in
accordance with applicable law, the City may retire the employee on a disability
retirement or separate the employee from the City's service or from his/her
classification at such time as the employee's condition becomes permanent and
stationary.
5.7.8 Accrued Vacation Payment--Upon becoming eligible for Long-term Disability
Insurance benefits, and upon being granted a leave of absence without pay for a
period appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any accrued
vacation time for which the employee qualifies.
5.7.9 Insurance Premium Payment--The City will continue to pay insurance premiums
on behalf of the disabled employee and eligible dependents, pursuant to the
provisions for such payments otherwise provided in this Agreement until the
actual date of separation from City employment of the employee.
Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B"
vaccination to employees who desire such vaccination and who are unable to obtain one
under their medical plan.
Article 6. Retirement Benefits
6.1 Deferred Compensation Program--All full-time regular employees are eligible to
participate, subject to its terms and conditions, in the City of South San Francisco's
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 11
6.2
deferred compensation plans.
Retirement Plan--Retirement benefits for employees shall be those established by the
Public Employees' Retirement System (PERS) for Local Safety Members 2% at age 50
formula.
6.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at
any time so long as the benefits under the amendment do not exceed IRS Section
415 limits.
6.2.1.1 Grandfathering Be~efits--If there is a grandfather election and if the
accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the
benefit cannot be enhanced until the current IRS Section 415 limit exceeds
the accrued benefits.
6.2.1.2 Section 415 £lection--If the employer's contributions to a retirement plan
are reduced because of lower limitations in annual retirement benefits
following a Section 415(b)(10) election, the affected employees should
receive the difference in higher compensation or some other benefit
negotiated by the South San Francisco Police Association.
6.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply
with requirements of a law governing PERS or the IRS in an insignificant
manner, this ~vill not affect the legality of the remainder of these
provisions or the intent or effect thereof. In that event, the City shall meet
and confer in good faith with the Association to make such changes as
necessary to carry out the intent of this section.
6.2.1.4 Significant Provision Conflict --In the event that this section conflicts
significantly or substantially with any federal or state law, this section may
be voided and severed from the contract without affecting the legality and
continuity of the rest of the agreement. Additionally, the City agrees to
meet and confer to replace any lost benefit with a similar or replacement
benefit of equivalent value.
6.2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement
with PERS necessary to effectuate the purpose of this section.
6.2.2 Optional Provision Added--Optional Public Agency Provisions under the Public
Employees' Retirement System shall also be provided as follows:
6.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in the
Public Employees' Retirement Law, third tier of benefits.
6.2.2.2 Single-highest Year Compensation--One-year highest compensation as set
forth in the Public Employees' Retirement Law.
6.2.2.3 Military Service Credit--Military Service Credit as public service as
provided by law.
6.2.2.4 3% at Age 50 Retirement Formula--The 3% at age 50 retirement formula
will be provided at no cost to the employee, effective the payper4od
including 1/1/03.
6.2.2.5 Sick Leave Credit Provision--Sick Leave Service Credit as set forth in the
Public Employees Retirement Law. See Sick Leave Service Credit in
Appendix D for side letter agreement.
Page 12
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
6.3
6.2.2.6 Other Provisions--See Appendix D for side letter agreement.
6.2.3 Employee's Contribution to Retirement System--All employees shall pay the
employee contribution to the Public Employees' Retirement System. The City
shall provide the 414(h)(2) Exemption from the Internal Revenue Service granting
a deferral from federal withholding taxes of that portion of employees'
contribution to PERS.
Payment of Unused Accumulated Sick Leave--
6.3.1 Discontinued 90-day Plan-
6.3.1.1 Eligible Emlvloyees--An employee who had accumulated unused sick
leave hours on record under the discontinued sick leave accumulation plan
shall be eligible to receive payment under this provision.
6.3.1.2 Number of Hours Pa.vable--An employee shall receive payment for 50%
of the unused sick leave hours on record, up to a maximum of 960 of such
recorded hours (maximum of 480 comparable hours), for the hours
accumulated through the payperiod that included 7/1/77.
6.3.1.3 Time of Payment--An employee or an employee's beneficiary shall
become eligible to receive payment for unused sick leave hours either
upon the death of the employee, upon the retirement of the employee, or
within 3 months from the original date of including this section in the
Agreement. Payment may be made at the time of an employee's death or
retirement or may be deferred to the first payroll period in the calendar
year immediately following death or retirement, at the option of the payee.
6.3.2 Sick Leave Accrued After October l, 1986--Upon death, separation from City
employment as a result of a work-related injury, full service retirement after 20
years of service, or retirement at age 50, an employee shall be paid half of the
accumulated sick leave at the time of separation, retirement, or death. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate. No
employee shall, however, receive payment for any recorded hours in excess of
1200 and the maximum payable hours shall be 600. The accrual shall include the
amount credited, if any, on 10/1/86, for the period when the 90-day sick leave
plan was in effect.
Article 7. Holidays
7.1 Authorized Holidays--The City observes the following holidays.
7.1.1 Full-day Holidays--The City shall observe the following full-day holidays.
January 1 ................................................................... New Year's Day
Third Monday in January ......................................... Martin Luther King, Jr. Day
Third Monday in February ....................................... President's Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ...................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 13
7.2
7.3
November 11 ............................................................ Veteran's Day
Fourth Thursday in November ................................. Thanksgiving Day
Friday following Fourth Thursday in November ..... Day After Thanksgiving
December 25 ............................................................. Christmas Day
7.1.2 Half-day Holidays--In addition, the City observes the following half-day
holidays.
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
Holidays Not l/Vorked--Employees, who by the nature of their assignment, are unable to
observe City holidays, shall be compensated for authorized holidays as 8 hours of straight
time overtime for the holiday and straight time for the hours worked. Employees
scheduled to work on a City holiday, but are unable to do so due to a job-related injury,
shall receive payment in accordance with this provision as long as they are not receiving
compensation from other sources. Employees unable to work a holiday due to illness or
injury unrelated to the job shall also be compensated for the holiday pursuant to this
provision, provided that the employee submits to the Chief of Police a doctor's certificate
verifying the illness or injury, or files a sick leave certification following department
procedures.
Discretional3, Holiday--Each regular employee shall be eligible for one 8-hour holiday
in addition to the holidays observed by the City. An employee's discretionary holiday
may be taken at the option of the employee and as approved by the Chief of Police. An
employee must take the discretionary holiday each calendar year before the payperiod
prior to the last payperiod of the calendar year. An employee who has not used the
discretionary holiday by that payperiod shall forfeit the holiday. An employee whose
work schedule prohibited the use of the discretionary holiday by the payperiod prior to
the last payperiod of a calendar year may receive payment for the holiday with the
approval of the Chief of Police.
Article 8. Leaves
8.1 Vacation--Employees shall be entitled to accrue annual vacation without loss of pay in
accordance with the following schedule:
Accrual Rate Per Length of Service
1 st through 4th year, inclusive
5th through 14th year, inclusive
15* through 24th year, inclusive
Biweekly Annually
4.62 hours 120 hours.
6.15 hours 160 hours.
7.69 hours 200 hours.
25~' and succeeding years 9.23 hours 240 hours.
8.1.1 Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of'
service, who prior to 4/1/90, received 176 hours per year of vacation shall
continue to receive this accrual rate, and employees who have between 5 and 10
years of service in a position represented by the Unit as of 4/1/90 shall receive
176 hours per year of vacation upon reaching 11 years of service.
Page 14
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.2
8.3
8.1.2 Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of
vacation during each calendar year shall be permitted to receive the cash value of
up to 48 hours of unused but accrued vacation. Requests for payment of accrued
vacation may be processed within 45 days of such scheduled leave.
8.1.3 Deferral of Vacation Period--In the event that the needs of the department are
such that an employee is unable to schedule and take all vacation time during a
calendar year, the unused and unscheduled portion of vacation may be deferred to
the following calendar year, provided that the Chief of Police approves the
deferral.
8.1.3.1 Requesting Vacation Deferral--An employee may request the deferral of
up to 40 hours of vacation leave from one calendar year to the following
calendar year. A written request shall be filed with the Chief of Police,
must be approved by the Chief of Police, and must also be approved by the
City Manager prior to the employee being granted permission for such
deferral of vacation leave.
8.1.4 Vacation Compensation--An employee who retires or separates from City
employment and who has unused accrued vacation time shall be compensated at
the employee's actual hourly rate of pay for all unused accrued vacation.
Bereavement Leave--An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined beloxv.
8.2.1 Definition of Family Member for Bereavement Leave--For the purpose of
bereavement leave, a family member is defined as a spouse, child, father, mother,
brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-
law, sister-in-law, daughter-in-laxv, and son-in-law. In addition, the Chief of
Police may grant bereavement leave to an employee upon the death or for the
funeral of some other person, if in the opinion of the Chief of Police, there existed
an extraordinarily close familial relationship between the employee and such other
person.
8.2.2 Leave Within California--Employees may be granted up to a maximum of 24
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing within California.
8.2.3 Leave Outside California--Employees may be granted up to a maximum of 40
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing outside of California.
Sick Leave--
8.3.1 Sick Leave Eligibilio,--Every permanent and probationary employee, except
those employees who work less than full-time, who is temporarily and/or partially
disabled from performing the full scope of the usual and customary duties of.
his/her classification as the result of an injury or illness, that is not industr/ally
caused, shall be eligible to receive sick leave without loss of salary or benefits,
within the limits set forth below.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 15
8.3.2
8.3.3
8.3.4
8.3.5
8.3.6
Amozmt of Sick Leave--Each employee will accrue 8 hours per month of sick
leave. Such leave may be accumulated without limit.
8.3.2.1 Discontinued Sick Leave Plan--Effective 10/1/86, for those employees
working for the City as of that date, each employee will be credited with
an amount of sick leave that would have been accrued during the period of
the 90-day sick leave plan, including a deduction for any actual usage,
beginning 7/1/77.
Advancing Sick Leave--Any employee who has an accrued available sick leave of
less than 96 hours can be advanced up to a maximum of 88 hours of sick leave
after exhaustion of all accrued sick leave.
Sick Leave Definition--Sick leave as used herein, is defined as a period of time
during which the employee suffers actual illness or injury that necessitates
absence from employment. Sick leave is not a right or privilege to be used at the
discretion of the employee.
Sick Leave Request--An employee shall make a written request for paid sick
leave for each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the Chief of Police.
8.3.5.1 Approval of Sick Leave Reqztest--The Chief of Police shall review all sick
leave requests and, if approved, the request for paid sick leave shall be
granted. The Chief of Police shall not unreasonably withhold approval of
sick leave requests.
8.3.5.2 Notification--The employee must notify his/her immediate supervisor
prior to, or within 2 hours of, the commencement of the daily work period
for which sick leave is sought.
8.3.5.3 Verification of Injury or Illness--
8.3.5.3.1 Usual Verification--An employee requesting paid sick leave
shall provide reasonable verification of the illness or injury,
usually in the form of the employee's personal statement of
injury or illness.
8.3.5.3.2Doctor's Verification--The Chief of Police may require a
verification prepared and signed by a medical doctor, describing
the nature and extent of the illness or injury and confirming that
the employee has fully recovered and is able to perform the full
scope of the normal and customary duties of the classification.
This verification shall be required when an employee is absent
due to illness or injury for a period of 39 hours or more. In
addition, the Chief of Police may require a medical verification
any time the Chief has a reasonable basis to believe that the leave.
has been abused by an individual employee. Such medical
verification requests shall not be unreasonably imposed.
Sick Leave Management Plan--The City's Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave as the use of sick leave for
purposes other than illness or injury. Consistent with this policy, the monitoring,
management, maximum use of sick leave, and reporting should conform to a
Page 16
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.4
8.5
general City standard. Therefore, employees working 8-hour shifts, who exceed
56 hours or 7 occurrences and employees working 10-hour shifts who exceed 70
hours or 7 occurrences of sick leave per year will be subject to a review of sick
leave usage.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists. Such leave shall be authorized only for the actual time
necessary for the appointment. Employees shall be required to submit a personal
statement describing the nature and need of such visits. The City reserves the right to
confirm or verify any appointment for which such leave is authorized.
8.4.1 Medical Appointment Leave Charged to Sick Leave--The first 8 hours per year of
medical appointment leave will not be charged to sick leave, all other absences
related to medical appointments shall be charged to sick leave.
Paid Family Care Leave--
8.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family Care Leave--Only
those full-time regular employees in a sworn classification as of 12/31/00 shall be
eligible for 10 hours of Paid Family Care Leave for the purpose of obtaining
medical consultation or treatment or for caring for an injured or ill family member
as defined below.
8.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Chief of Police may grant leave to an employee for some other
person (other then family member, as listed), if in the opinion of the Chief of
Police, there exists or existed an extraordinary close familial relationship between
the employee and such other person.
8.5.3 Sick Leave as Family Care Leave--Employees accrue sick leave each year as
defined in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave allotment, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
8.5.3.1 Definition of Family Member for Sick Leave as Family Leave
Purl~oses--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
8.5.3.2 Leave Amount--The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision, if eligible, shall not exceed
one-half of the employee's annual allotment of sick leave.
8.5.4 Concurrent Use of Leave--This leave may run concurrently with any family care
leave permitted under federal or state law.
8.5.5 Notification Procedures--Leave usage forms and notification procedures will
continue to be used, provided the City reserv'es the right to take such action it
deems necessary to confirm or verify use of this leave.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 17
8.6
Light-duty Program--The purpose of this light-duty program is to minimize the loss of
productive time, while at the same time reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income loss. Light-duty
assignments wilt be structured so employees are not placed in a duty status that would
aggravate or cause a reoccurrence of injury or ilh~ess. Light-duty assignments will not be
made unless the employee receives medical clearance from the treating physician to
return for light-duty work. If applicable, this program shall be coordinated with
appropriate workers' compensation benefits so that benefits are provided at the level not
less than those mandated by state law.
8.6.1 Coverage--This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
8.6.1.1 Determination/Required Reports--
8.6.1.1.1 Assignments--Light-duty assignments may be made following
evaluation and determination by the Chief of Police. The
determination will be based on available medical information,
and consultation with the employee or the affected supervisor.
Determinations will also be based on the needs of the City and
the impact of light duty work on departmental operations. The
evaluation and determination of light-duty assignments will be
based on the employee's medical restrictions and upon
agreement of the Chief of Police, the employee, and the affected
supervisor.
8.6.1.1.2Medical Updates--After the initial report, updated medical
reports shall be submitted to the Chief of Police at 2-week
intervals, or at other agreed-upon intervals, for as long as the
employee is off work. Reports will be required for all industrial
or non-industrial injuries or illnesses regardless of whether a
light-duty assignment has been made. Reports will be evaluated
by the Chief of Police for purposes of continuing or terminating a
current light-duty assignment or to determine when to commence
a light-duty assignment.
8.6.1.2 Light-duty Assignment, Definitions, and Restrictions--Light-duty
assignments shall only be provided to employees with temporary
disabilities where it has been medically determined that the employee will
be able to return to the essential functions of his/her current job with or
without accommodation. Under no circumstances shall the light-duty
assi=mn-nent be considered to be a permanent alternative position for.
purposes of reasonable accommodation under the American with
Disabilities Act. Light-duty assignments:
· May consist of reduced work hours, limited work, or any combination
thereof.
· Will not adversely affect the employee's actual hourly rate of pay.
Page 18
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
8.7
· Will be within the employee's assigned department; or if no regular
work is available, the employee may be assigned ~vork outside of the
department, consistent with the employee's skill and ability.
· When feasible, light-duty work will be during the employee's normal
shift and duty hours. However, if it is determined that no useful work
will be performed during the normal shift or duty hours, the employee
can be assigned light-duty work during the normal business hours of
8:00 a.m. to 5:00 p.m., Monday through Friday, or to an alternate shift.
· Will be developed based on available specific light-duty assignments
on a case-by-case review of the medical restrictions, so as not to
ag~avate an injury or illness.
· Will not be placed in light-duty assignments that, in the normal course
of events, will require that the employee provide direct field
emergency response.
8.6.1.3 Holidays/Vacations During Light-duty Assignments--
8.6.1.3.1 Holidays Observed--Holidays shall be observed in accordance
with the light-duty assignment work hours and workweek. That
is, if an employee is assigned to work hours in a department,
division, or operating unit where employees in that work unit
take a holiday off, so shall the light-duty employee. If the
employee is assigned to work hours in a department, division, or
operating unit where employees in that work unit work holidays,
so shall the light-duty employee. Compensation for holidays
shall be in accordance with this a~eement.
8.6.1.3.2 Vacations--Employees assigned to light duty shall take their
vacation as normally scheduled. Vacations shall cover the same
number of workdays and calendar days as would have been if the
employee had remained on full duty. Employees may reschedule
their vacation with the approval of the Chief of Police, provided
the rescheduling does not result in increased costs or lost time to
the City for relief staffto cover the rescheduled vacation.
8.6.2 Return to Full Duty--Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the full duties
of the classification with or without reasonable accommodation.
Pregnancy-related Disability Leave--Employees may be granted leave up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or
the placement of a child with an employee in connection with adoption.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 19
Article 9. Recreational Facilities and Classes
9.1 Admission to Classes--All full-time regular employees shall be entitled to free admission
to City recreation facilities and to free enrollment in up to 5 recreational classes during a
12-month period (lab fees or ingredient fees not included).
9.2 Use of Facilities--Employees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee's non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the rules and regulations established by the Parks, Recreation, and
Maintenance Services Department.
Article 10. Layoff
10.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary in the
interest of economy, because of lack of need for the position, or employment involved no
longer exists, the City Council may abolish any position or employment in the
competitive service and layoff, reassign, demote, or transfer an employee holding such
position or employment without filing written charges. The appointing authority may
likewise layoff an employee in the competitive service because of material change in
duties or organization, or because of shortage of work funds.
10.2 Seniority--Seniority, for the purpose of layoff, is defined as length of continuous full-
time employment within the service of the City, and does not include service in a
provisional and temporary status. Seniority shall be retained, but shall not accrue during
any period of leave without pay, except as authorized by state or federal law.
10.3 Order of Layoff--When one or more employees working in the same class in a City
department are to be laid off (provisional and temporaries therein, having already been
terminated), the order of layoff in the affected department shall be probationary
employees in reverse order of seniority, then permanent employees in reverse order of
seniority. Should 2 or more employees have identical City service seniority, the order of
layoff will be determined by classification seniority. Whenever 2 or more employees
have identical classification seniority, the order of layoff shall be determined by an
established departmental seniority policy (badge numbers) or in the absence or dispute
thereof, random selections.
10.4 Notice of Layoff--Employees shall be sent written notice, including reasons therefore, by
Certified Registered Mail, Return Receipt Requested or be personally served a minimum
of 20-working days prior to the effective date of layoff. An employee receiving said
notice may respond in writing to the City Manager. The employee's representative shall
receive concurrent notice, and upon request, shall be afforded an opportunity to meet xvith
the City to discuss the circumstances requiring the layoff and any proposed alternatives,
that do not include the consideration of the merits, necessity, or organization of any
service or activity. The provisions below, must be requested by the employee in writing
15-working days prior to the effective date of layoff.
Page 20
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
10.5
Layoff Re-employment~Reinstatement List--
10.5.1 Classification Reinstatement List--Probationary and permanent employees who
are reclassified and/or demoted as a result of a reduction in force, shall have their
names placed on a classification reinstatement list in order of their seniority.
Vacant positions within the classification shall first be offered to employees on
this list.
10.5.2 Like Classification Reinstatement Opportunities--Employees who are laid off
shall have their names placed on a reemployment list of classifications that, in the
opinion of the Director of Human Resources, require basically the same
qualifications, duties, and responsibilities as those of the classification fi'om which
the layoff occurred, in order of seniority. Vacant positions in such classifications
shall be offered to the reemployment list who qualify for such vacancies prior to
an open or promotional recruitment.
10.5.3 Duration of Re-employment~Reinstatement Lists--No name shall be carried on a
reinstatement or reemployment list for a period of longer than 2 years. Refusal to
accept the first offer of reinstatement or reemployment within the same
classification shall cause the name to be dropped from the list. Individuals not
responding to written notification forwarded to their last given address by
certified mail, return receipt requested, of an opening within 10-working days
from mailing shall have their names removed from either the reinstatement or
reemployment list. Individuals who do not meet current employment standards
(i.e., medical, licenses, etc.):, shall have their names removed from either the
reinstatement or reemployment list.
Probationary Returns--Probationary employees appointed from a reinstatement
or reemployment list must serve the remainder of their probationary period in
order to attain permanent status.
10.5.4
Article 1 1. Disciplinary Actions
11.1 Action by City--The City shall take disciplinary action against a permanent employee for
misconduct including, but not limited to: chronic absenteeism; incompetence;
insubordination; failure to follow work rules; misstatement of fact on an application or
other personnel document; falsification of leave. Disciplinary actions may take the form
of suspension, pay reduction, demotion, or discharge.
11.2 Chief of Police Action--All disciplinary action taken against an employee must receive
the prior approval of the appointing authority except under emergency circumstances that
dictate immediate suspension of the employee by the Chief of Police. In such cases,
Chief of Police shall immediately report the action taken to the appointing authority who
shall review the case and make a determination concerning the appropriateness of the
suspension and the further disciplinary action.
11.3 Ci0; Manager Approval--All actions resulting in salary reductions shall be subject to
review by the appointing authority and the Chief of Police within 30 days following the
effective date of the initial action and at regular intervals thereafter. Actions resulting in
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 21
11.4
11.5
11.6
demotions may be reviewed at the sole discretion of the appointing authority.
Notice of Disciplinary Action--The City shall provide the affected employee with written
notice prior to taking disciplinary action, except where circumstances dictate that the City
take immediate action to remove the employee from the work place. In such cases,
written notice, as set forth below, shall be provided the employee within 2 working days
from the date of the action. In all cases, written notice of disciplinary action shall be
served on the employee personally or by certified registered mail, with a copy of the
notice placed in the employee's personnel file.
11.4.1 Written Notice--The written notice shall contain the type of disciplinary action,
the effective date of the action, the reason or cause for the action, that the
employee may inspect copies of all materials upon which the action is based, and
that the employee has the fight to respond, either orally or in writing, to the
authority initially imposing the discipline.
Notice Timelines--Except for instances where disciplinary action must be imposed
immediately, the notice shall be provided to the employee no later than 1 O-working days
before the disciplinary action is to be effective. Where immediate disciplinary action has
been imposed, such action will not be final until the aforementioned notice has been
furnished to employee and the employee has been provided up to 1 O-working days from
receipt of the notice an opportunity to respond to the authority initially imposing the
discipline.
Appeal Rights--Once the proposed disciplinary action has been imposed, the affected
employee shall have the fight to appeal. Such appeals shall be filed directly at the fourth
step of the grievance procedure set forth in Rule 14 of the Personnel Rules and
Regulations.
Article 12. Grievance Procedure
12.1 Definition ofa Grievance--A grievance is an allegation by an employee or a =o-roup of
employees that the City has failed to provide a condition of employment that is
established by this Agreement, provided that the enjoyment or the condition of
employment is not made subject to the discretion of the Chief of Police or the City. This
grievance procedure shall not apply to discipline or other matters over which the
Personnel Board has jurisdiction pursuant to Title 3 of the Municipal Code. This
grievance procedure shall be the exclusive means of resolving grievances of employees
covered by this Agreement.
12.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment established by this Agreement, or within 45-calendar days from the time an
employee might reasonably have been expected to have learned of the alleged failure.
12.3 Informal Discussion with Employee's Supervisor--Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in an attempt to work out a satisfactory solution. If the employee and
immediate supervisor cannot xvork out a satisfactory solution, the employee may then
')1
Page 22
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
12.4
12.5
12.6
12.7
12.8
12.9
choose to represent him/herself individually, or may request the assistance of an
employee representative, who has been officially authorized by the Union to write and
formally present the grievance.
Formal Written Grievance to Captain--If the employee chooses to formally pursue the
grievance, s/he shall present the written grievance to the supervising Captain within 15-
calendar days after the date upon which the grieving employee informally discussed the
grievance with the immediate supervisor. The written grievance shall specify the Article,
Section, and/or Subsection of this Memorandum or Understanding alleged to have been
violated by the City and shall specify date, times, persons, remedy requested, and other
facts necessary to a clear understanding of the matter being grieved. The Captain shall
respond in ~vriting to the grievance within 15-calendar days after receipt of the written
grievance. If the grievance is not resolved at this level, the employee shall have 15-
calendar days from receipt of the Captain's answer to file an appeal to the Chief of Police.
Grievance to the Chief of Police--The Chief of Police or designee shall have 15-calendar
days after receipt of the grievance to review and answer the grievance in writing. A
meeting between the Chief of Police or designee and the grievant and the ghevant's
representative may be scheduled in order to facilitate resolution.
Informal Review by the City Manager--In the event that the grievance is not resolved by
the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief's
decision, request in writing to the City Manager, that the grievance be heard by the City
Manager.
Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the
=m-ievance for hearing by an arbitrator, the City Manager or designee may informally
review the grievance and determine whether said grievance may be adjusted to the
satisfaction of the employee. The City Manger or designee shall have 15-calendar days
to review and seek adjustment of the grievance.
Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement bet~veen
the City Manager or designee and the grievant or the grievant's representative. If the City
Manager or designee and the grievant or the grievant's representative are unable to agree
on the selection of an arbitrator, they shall jointly request the State Mediation and
Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in
public sector arbitration. The parties shall then alternatively strike names from the list
until only one name remains, and the person shall serve as arbitrator. Lot shall determine
the first strike from the list.
Duty of Arbitrator-
12.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by
the parties, it shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and thereafter to make written findings of fact and
disposition of the grievance, which shall be final and binding upon the parties.
The decision of the arbitrator shall be based solely on the interpretation of the
appropriate provisions of the Agreement applicable to the grievance, and the
arbitrator shall not add to, subtract from, modify, or disregard any of the terms or
provisions of the agreement.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 23
12.10
12.11
12.12
12.9.2 Arbitrator Responsibility--The provisions for arbitration are not intended and
shall not be construed to empower an arbitrator to change any condition of
employment, specifically covered by the Agreement or, in any respect, to revise,
modify or alter, any provision contained in the Memorandum of Understanding.
Payment of Costs--Each party to a hearing before an arbitrator shall bear his/her own
expenses in connection therewith. Either party shall have the right to a reporter's
transcript of the hearing provided that this cost is born by the requesting party. If the
other party elects to utilize a copy of the transcript, the entire costs shall be divided
equally. All fees and expenses of the arbitrator shall be borne half by the City and half by
the grievant.
Effect of Failure of Timely Action--Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-union Representation--In the event that an employee chooses to represent
him/herself, or arranges for representation independent of the Union, the Chief and the
City shall make no disposition of a grievance that is inconsistent with the terms and
conditions of this Agreement. In the event an employee shall elect to go to hearing
independently, the Union shall have the right to be a full and equal party to such
proceedings for the purpose of protecting the interests of its members under the terms of
the Agreement.
Article 13. Employees Covered
The provisions of this agreement apply to all employees represented by Unit C in the City of
South San Francisco Police Association. A Unit member must be employed by the City in a
position covered by this Agreement at the time settlement is reached, or when a successor
Memorandum of Understanding is reached, and that Agreement is ratified, in order to be eligible
for any limited retroactivity in salary or benefit increases that the successor Memorandum of
Understanding may provide.
Article 14. Modification
This Memorandum of Understanding shall supersede all existing and prior Memoranda of
Understanding between the City and Unit and conflicting personnel rules, regulations,
resolutions and ordinances. This Agreement does not modify any provisions of the Personnel
Rules and Regulations of the City, except as expressly provided herein.
Article 15. Disputes
Any dispute over an interpretation of this Agreement shall be processed in accordance with the
procedures set forth in the Grievance Procedure in this Agreement.
Page 24
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Memorandum of Understanding
between the
South San Francisco Police Association
and the
City of South San Francisco
Section 2- Provisions for Civilian Support Staff
Article 16. Recognition
Civilian Police Unit C consists of all employees in classifications listed in Appendix A, as well
as all employees in classifications as may be added to this Unit by the terms of this Ageement.
Article 1 7. Wages and Compensation
17.1 Wage Rates--
17.1.1 Salary Adjustments--Salaries will be adjusted effective the payperiod including
January 1st of each year as identified in Appendix B of this agreement.
17.1.2 Salary Survey--A total compensation and salary survey will be conducted for the
all civilian classification between the dates of 2/1 and 2/15/04 utilizing the same
survey agencies and methodology as used in the 2000 survey. Increases to the
base rate of pay for all bargaining unit members will be at the 60~ percentile and
will be effective for the entire payperiod including 1/1/04. Any adjustments will
be based on the survey average for compensation and total compensation, with the
same differential maintained between the classifications as it was in the 2000
salary schedule.
17.2 Time-In-Step--Each employee shall complete the amount of time prescribed for each step
of the plan applicable to the classification prior to advancing to the next step. Employees
shall be required to complete the specified training or time criteria in paid continuous
regular service at each step of the salary schedule prior to advancing to the next salary
step.
17.2.1 Time in Step--Such training or time for each step shall be as noted.
17.2.1.1 Step 2--Move to the next step one year from date of hire.
17.2.1.2 Step 3--After one additional year.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 25
17.3
17.4
17.5
17.2.1.3 Step 4--After one additional year.
17.2.1.4 Step 5--After one additional year.
Special Compensation--
17.3.1 Acting Supervisor Compensation--An employee in a classification below the
level of a first-line supervisor who is assigned to perform the duties of a first-line
supervisor or above shall receive added compensation for all time served in the
acting capacity at the rate of pay for which the employee would qualify, were the
employee to be promoted to the acting classification.
17.3.2 Temporary Assignment to Higher-level Classification--An employee in a first-
line supervisory or higher classification who is assigned to perform the duties of a
higher classification for a period of 30-calendar days or more shall receive added
compensation for all time so served at the rate of pay for which the employee
would qualify, were the employee promoted to the higher classification. An
employee in a first-line supervisory classification or higher classification who is
assigned to perform the duties of a higher classification for a period of time of less
than 30-calendar days shall not receive any additional compensation for any of the
time spent in the performance of such duties.
Promotions--An employee who is promoted from one classification to a higher
classification, shall have his/her rate of pay set at the first step of the new classification or
at the rate for the step 5% higher than the rate earned by the employee prior to the
promotion, whichever is higher. Prior to advancing to the next step of the schedule, the
promoted employee will be required to complete the specified time in each step of the
new classification, commencing with the date of promotion.
Bilingual Pay--
17.5.1 Former Bilingual Program--Those employees who receive bilingual
compensation as of 12/31/00 will continue to do so. An employee who has
demonstrated to the Chief of Police's satisfaction proficiency in speaking a
second language, shall be compensated. Such compensation shall commence
when the employee has passed a qualifying examination demonstrating
proficiency in the language.
17.5.2 Bilingual Program--The following bilingual program will be in effect as of
1/1/01.
17.5.2.1 Eligible Classifications--All civilian classifications within this unit are
eligible to participate in the bilingual program.
17.5.2.2 Testing--Compensation shall commence the next payperiod after the
employee has passed a qualifying examination, as determined by the
City, demonstrating proficiency in the language. To be eligible to
participate in this program, employees must speak a second language.
used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee xvill
receive bilingual pay, even if the population changes and a significant
segment no longer speaks the language.
17.5.2.3 Compensation--An employee who has tested, using the City's standard
bilingual testing procedures, and demonstrated satisfactory proficiency
?q
Page 26
Memorandum of Understanding
BeV, veen the South San Francisco Police Association and the
City of South San Francisco
in speaking a second language, shall be compensated at a rate 2.5%
higher than the employee's actual base hourly rate of pay.
17.5.2.3.1 Adjustment in Compensation--Bilingual compensation will
be increased to 5% higher than the employee's actual base
hourly rate of pay, effective 7/1/03.
17.5.2.4 Translating--Employees who have met the criteria and are compensated
for bilingual incentive pay must use those skills whenever the need
arises. Employees may be asked to assist an individual who is doing
business with the City at worksites other than their primary work
location.
17.5.2.5 Language Determination--Languages that are spoken in South San
Francisco that are subject to the bilingual incentive pay for purposes of
this section will be determined by reviewing the demographic data from
the local school district and/or the number of interactions that employees
have with people speaking other languages than identified below. The
Chief of Police will determine the significant interactions with people
speaking other languages. The Chief of Police and the Union will then
meet once a year to determine the languages that qualify under this
section; American Sign Language is considered a second language. '
17.5.2.6 Languages in Effect--The following languages shall be in effect as of
1/1/01, which shall qualify an employee to receive compensation under
this section.
· Spanish.
· Tagalog.
· American Sign Language.
17.6 Longevity Pay--Pay for employees who have served the City will be ganted.
17.6.1 After 15 Years--After the 15~h year of service as a full-time regular employee,
1.5% of compensation will be added to the eligible employee's actual hourly rate
of pay.
17.6.2 After 20 Years--After the 2ffh year of service as a full-time regular employee, in
addition to above, another 1% of compensation will be added to the eligible
employee's actual hourly rate of pay.
17.7Education Incentive--An employee who has successfully completed the probationary period
and who has one of the following shall receive additional compensation.
17.7.1 Associate's Degree--An associate's degree from an accredited institution of
learning or who has completed 60 accredited units in education, which are work-
related shall be compensated at a rate that is 2.5% higher than the employee's
actual base hourly rate of pay.
17.7.2 Bachelor's Degree--A bachelor's degree from an accredited institution of
learning, shall be compensated at a rate that is 5% higher than the employee's
actual base hourly rate of pay.
17.7.3 Eligibility and Written Notification--It is the employee's responsibility to submit
written notification to the department's Training Manager, upon the date of
eligibility, requesting the education incentive. The employee will not be entitled
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 27
to retroactive pay if the written notice has not been submitted, and received as in
compliance, until after the date of eligibility.
Article 1 8. Allowances and Reimbursements
18.1 Uniform Allowance--Each employee shall be eligible for payment by the City to a
vendor approved by the City, or reimbursement for the purchase price of approved
uniform items.
18.2 Allowance Conditions--Uniform allowance is subject to the following conditions.
18.2.1 Distribution of Reimbursement/Allowance--Uniform allowance distribution will
be made in 2 equal increments per fiscal year. The distributions will occur on the
first payperiods in November and May. With the allowance received, employees
shall be responsible for procuring and maintaining their uniforms and equipment
as listed in the current department's General Order and Procedures Manual.
18.2.1.1 Reimbursement Procedures--Reimbursement will be through the
payroll process, effective 1/01/01.
18.2.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform
allowance provided to all employees may be applied to expenses incurred for the
maintenance/cleaning of said uniforms. Payment for cleaning expenses will be
provided up to a maximum of 50% of the total uniform allowance given to each
employee per fiscal year. Requests for payment towards cleaning expenses must
be submitted in writing t~vice a year only during the months of November and
May.
18.2.3 New Employees--Uniform allowance will commence the second year of
employment with the department. After the first year of employment is
completed, the employee will receive the uniform allowance at the next payment
period in November or May. If the year anniversary is after the last payment
month, then there will be no reimbursement for that fiscal year. If the anniversary
falls after the first payment, employees shall receive half of that fiscal year's
allowance.
18.3 Allowance Amounts--Each employee entitled to uniform allowance can receive an
amount per year for the purchase of approved uniform items. The amount of the
allowance provided in each year of the agreement shall be as follows.
18.3.1 PST, PEO, and P?/ES Classifications--For Parking Enforcement Officer, Police
Property and Evidence Specialist, and Police Service Technician the uniform
allowance will be increased by:
18.3.1.1 The amount is $615 per fiscal year, effective 7/1/01.
18.3.1.2 The amount is $625 per fiscal year, effective 7/1/02.
18.3.1.3 The amount is $635 per fiscal year, effective 7/1/03.
18.3.1.4 The amount is $645 per fiscal year, effective 7/1/04.
18.3.2 PSR and SPRS Classifications--For Police Records Specialist and Senior Police
Records Specialist the uniform allowance will be increased by:
18.3.2.1 The amount is $515 per fiscal year, effective 7/1/01.
Page 28
Memorandum of Understanding
Betxveen the South San Francisco Police Association and the
City of South San Francisco
18.4
18.3.2.2 The amount is $525 per fiscal year, effective 7/1102.
18.3.2.3 The amount is $535 per fiscal year, effective 7/1/03.
18.3.2.4. The amount is $545 per fiscal year, effective 7/1/04.
Vests--Vests will be provided to all new employees at no cost to the employee. A
replacement program has been established for all employees who have vests and includes
how and when vests will be replaced, the types of vests to be replaced, and the mandatory
wearing of vests.
18.4.1 Wearing Vests--Each employee shall be required to have the approved vest on
his/her person or in ready bag during each duty shift.
Article 19. Overtime Compensation
19.1 Overtime Defined--Overtime is work ordered and authorized that is in excess of an
employee's nonr~al work hours and work schedule.
19.2 Overtime Records--Records of overtime worked shall be maintained in accordance with
procedures established by the Chief of Police.
19.3 Minimum Overtime--No form of overtime payment shall be made where overtime
worked prior to the beginning of an employee's normal work period or following
completion of an employee's normal work period is less than 12-minutes' duration.
19.4 Overtime Compensation Rate--Each employee shall be compensated for overtime hours
worked, or fractions thereof, at the rate of 1.5 times the employee's actual hourly rate of
pay.
19.5 Training Time--An employee who works in excess of normal work hours and work
schedule as the result of attending training sessions required by the Chief of Police shall
be compensated at the rate of 1.5 times the actual hourly rate for time spent in such
training sessions.
19.6 Usual Overtime--An employee who works in excess of normal work hours or work
schedule as the result of a non-training assignment shall be compensated at the overtime
rate for time so worked.
19.7 Court Appearance Time--An employee who is required to appear in court in an official
employment capacity at a time that is not during the employee's regularly scheduled
work hours shall be compensated at the overtime rate for time spent in such court
appearances.
19.7.1 Court Appearance on Scheduled Work Days--An employee who is required to
appear in court in an official employment capacity at a time that is not during the
employee's regularly scheduled work hours but is on a day that the employee is
scheduled or has volunteered to work, shall receive a minimum of 3 hours of
overtime pay for such a court appearance.
19.7.2 Court Appearance on Non-Scheduled Work Days--An employee who is required
to appear in court in an official employment capacity at a time that is not during
the employee's regularly scheduled work hours nor is it on a day that the
employee is scheduled or has volunteered to work, shall receive a minimum of 4
hours overtime pay for such a court appearance.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page29
19.8
19.9
Call-back~in Com]2e~sation--Employees who in the course of their official employment
are called back to work, other than during their regular tour of duty or shift, shall receive
overtime pay at the rate of 1.5 times the actual hourly rate of pay.
19.8.1 Workday Call-back~in--An employee shall receive a minimum of 3 hours
overtime pay for call backs that occur on schedule work dates (including
voluntary overtime shift assignments).
19.8.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours
overtime pay for such call backs that occur on non-scheduled work dates.
Compensatory Time--With the supervisor's approval, employees may accumulate
compensatory time instead of overtime pay in accordance with departmental policies.
19.9.1 Maximum Coml2ensator3, Time--All compensatory time off may be taken in
accordance with departmental policies. Accumulated compensatory time cannot
exceed 70 hours.
19.9.2 Compensatoo' Time Cash-out--Employees shall be permitted to receive the cash
value of up to 15 hours of compensatory time per calendar year.
Article 20. Benefits
20.1 Health Insurance Benefits--Full-time regular employees shall be eligible to receive
insurance benefits currently provided by the City through the contracts with insurance
carriers or self-insurance programs.
20.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage
for themselves and their eligible dependents from one of the following current HMO
plans the City has ~vith the carriers, subject to the terms and conditions of the City's
contract with the providers.
20.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state
or federal statutes mandate that the parties to this MOU participate in a national or
state health plan, health care benefits currently provided to employees covered by
this MOU will not be diminished nor will the employee's cost for maintenance of
these benefits be increased beyond any provided in this MOU.
20.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's
contracts with medical insurance carriers, eligible employees shall be permitted to
select medical insurance coverage for themselves and their eligible dependents
fi.om one of the following plans:
· Kaiser Permanente Foundation Health "S" Plan.
· Aetna US Healthcare or other plan to be determined.
20.2.3 Payment of Premiums Costs--The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
each employee.
20.2.3.1 Maximum Rate--The maximum City contribution to the employee's
medical premium will be a rate equivalent to the HMO plan that is the
highest composite rate in effect during the term of this a~eement with
Page 30
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
20.3
20.2.4
20.2.5
20.2.6
Dental
20.3.1
20.3.2
20.3.3
20.3.4
20.3.5
20.3.6
employees enrolled in more expensive plans paying the difference
between the highest composite HMO rate and the other premium rates.
Effective Date of Coverage--The effective date of health insurance shall be the
first of the month following the date of hire, provided the employee properly
submits a completed enrollment form within 31 days of the eligibility date.
Coverage shall terminate at 12:00 midnight on the last day of the month in which
the employee is on paid status prior to separation from employment with the City.
Dependent coverage shall terminate on the date prescribed by each health
insurance carrier's contract for discontinuance of dependents no longer eligible
for coverage.
Medical Plan for Employees Who Retire--Subject to the terms and conditions of
the City's contracts with medical insurance carriers, an employee who retires on a
service, an industrial disability, or non-industrial disability retirement from the
City's service shall be provided the opportunity to continue medical insurance
coverage with one of the City's plans subsequent to the date of retirement. The
City shall continue to pay the premium costs for the employee only and the
retiring employee shall bear the premium costs for any eligible dependents.
Spouse-paid Benefit--The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance from a City-provided medical
plan at the City's premium rate provided all of the following: the employee must
have been enrolled in the medical plan prior to retirement or death; there is'no
cost to the City; the medical provider does not require a City contribution; and the
City is held harmless if the coverage is discontinued.
]nsurance--
Available Plan--Employees and their dependents shall be provided dental
insurance, subject to the terms and conditions of the City's contract ~vith the
provider.
Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01.
Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible
participants.
Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
Effective Date of Coverage--Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
month in which the employee is on paid status prior to separation from
employment with the City.
Dental Insurance for Employees Who Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the dental plan
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 31
20.4
20.5
prior to retirement. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Vision Insurance--Subject to the terms of the City's vision insurance plan, employees
and their dependents shall be provided vision insurance.
20.4.1 Available Plan--Employees and their dependents shall be provided vision
insurance, subject to the terms and conditions of the City's contract with the
provider. The plan provided by the City for members of the Unit shall afford
smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses.
20.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
20.4.3 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
20.4.4 Vision Insurance for Employees Who Retire--An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue vision insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee must be enrolled in the vision plan
prior to retiring. The employee will be completely responsible for these payments
and for continuing the insurance coverage.
Discretiona? Benefit Option--An employee may elect, once each year, to receive
deferred compensation monies and to have the City pay 80% of the cost in lieu of
medical, dental, and vision benefits into the employee's deferred compensation account.
20.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
20.5.2 Method of Computations--The City shall utilize a weighted average for
determining the cost of such benefit. The City shall determine the total premium
dollars for employees who are members of each of the City's medical plans, and
then divide it by the number of members to get the average medical cost. The
dental and vision composite rates will be added to the average medical cost.
Eighty percent of this total will be the amount deposited in the employee's
deferred compensation account in lieu of the paid medical, dental, and vision
benefits.
20.5.3 Exercising the Option--Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
Page 32
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
20.6
20.7
Life Insurance and Accidental Death and Dismemberment Insurance--
20.6.1 Term Life Value--Subject to the terms and conditions of the City's contract with
the provider, the Term Life Insurance for employees will be provided in the
amount of $5,000.
20.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the
provider, Accidental Death and Dismemberment Insurance for employees will be
provided in an amount of $5,000.
20.6.3 Payment of Premium Costs--The City shall pay the premium costs for employees
to the insurance provider.
20.6.4 Effective Date of Coverage--Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
20.6.5 Additional Life Insurance--Individuals unit members may purchase additional
life insurance through the City's insurance carrier, to the limit authorized in the
contract between the City and the carrier.
Disability Insurance--Subject to the terms and conditions of the City's contract with the
provider, only full-time employees shall be provided Short-term Disability (STD) and
Long-term Disability (LTD) insurance. If an eligible and covered employee becomes
disabled while insured, the provider ~vill pay benefits according to the terms of the goup
policy after receipt of satisfactory proof of loss.
20.7.1 Short-term Disabilio'--After a 20-calendar day waiting period, an eligible
employee may receive 66.67% of pre-disability earnings, reduced by any
deductible income as determined by the insurance carrier, up to a maximum
monthly amount, m~til LTD benefits begins.
20.7.2 Long-term DisabiliO,--After a 90-calendar day waiting period, an eligible
employee may receive 66.67% of pre-disability earnings, reduced by any
deductible income as determined by the insurance carrier, up to a maximum
monthly amount.
Payment of Premium Costs--The City shall pay the premium costs for eligible
employees to the insurance providers.
Effective Date of Coverage--Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
Eligibility--An employee who is disabled from performing the full scope of the
usual and customary duties of the classification as the result of an injury or illness
and who has utilized all accrued paid leave and sick leave for which the employee
is eligible up to the 20-calendar day of disability, may file an application for
Short- or Long-term Disability Insurance benefits in accordance with the
requirements of the City's Short- or Long-term Disability Insurance policy.
City Determination--Upon an employee qualifying for Long-term Disability
Insurance benefits, the City shall determine one of the following.
20.7.6.1 Permanent and StationaO, Status--Whether the employee's disability
from performing the full scope of the usual and customa~ duties of
his/her classification is permanent and stationary.
20.7.3
20.7.4
20.7.5
20.7.6
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page
20.8
20.7.7
20.7.8
20.7.9
20.7.6.2Recove® Statzts--Whether the medical prognosis for the employee's
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of his/her classification
is such that there exists a probability of complete recovery within a
period of 365 days, or a reasonable extension thereof.
Permanent and Statio~Ta~7' Determination--If the City determines that the
employee's is disabled from performing the full scope of the usual and
customary duties of the classification is permanent and stationary, then the City
may, in accordance with applicable law, retire the employee or otherwise
separate the employee from the City's service or from the employee's
classification.
Temporary Determinations--If the City determines that the employee's disability
in performing the full scope of the usual and customary duties of the
classification is such that there exists a probability of complete recovery within a
period of 365 days, or a reasonable extension thereof, the City may in accordance
with applicable law, grant the employee a leave of absence with or without pay
for a period appropriate to the time necessary to determine the employee's ability
to completely recover or the City may not grant such leave and separate the
employee from the City's service.
Permanent and Stationao' Determination During Leave of Absence--If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's disability
becomes permanent and stationary during the period of such leave, then in
accordance with applicable law, the City may retire the employee on a disability
retirement or otherwise separate the employee from the City's service or position
in his/her classification at such time as the employee's condition becomes
permanent and stationary.
20.7.10 Accrued ?acation Payment--Upon becoming eligible for Long-term Disability
Insurance benefits, and upon being granted a leave of absence without pay for a
period appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any
accrued vacation time for which the employee qualifies.
20.7.11 Insurance Premium Payment--The City will continue to pay insurance
premiums on behalf of the disabled employee and eligible dependents, pursuant
to the provisions for such payments, otherwise provided in this Memorandum
until the actual date of separation from City employment of the employee.
Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B"
vaccination to all unit members who desire such vaccination and who are unable to obtain
one under their medical plan.
Page 34
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Article 21. Retirement Benefits
21.1 Deferred Compensation Program--All full-time employees are eligible to participate,
subject to its terms and conditions, in the City of South San Francisco's deferred
compensation plans.
21.2 Retirement Plan--Retirement benefits for employees shall be those established by the
Public Employees' retirement System (PERS) for the Miscellaneous 2% at age 55 Plan.
21.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at
any time so long as the benefits under the amendment do not exceed IRS Section
415 limits.
21.2.1.1 Grandfi~thering Benefits--If there is a grandfather election and if the
accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the
benefit cannot be enhanced until the current IRS Section 415 limit
exceeds the accrued benefits.
21.2.1.2 Section 415 Election--If the employer's contributions to a retirement
plan are reduced because of lower limitations in annual retirement
benefits following a Section 415(b)(10) election, the affected employees
should receive the difference in higher compensation or some other
benefit negotiated by the South San Francisco Police Association.
21.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply
with requirements of a law governing the PERS or the IRS in an
insignificant manner, this will not affect the legality of the remainder of
these provisions or the intent or effect thereof. In that event, the City
shall meet and confer in good faith with the Association to make such
changes as necessary to carry out the intent of this section.
21.2.1.4 Significant Provision Conflict--In the event that this section conflicts
significantly or substantially with any federal or state law, this section
may be voided and severed from the contract without affecting the
legality and continuity of the rest of the contract. Additionally, the City
agrees to meet and confer to replace any lost benefit with a similar or
replacement benefit of equivalent value.
21.2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement
with PERS necessary to effectuate the purpose of this section.
21.2.2 Optional Provision Added--Optional Public Agency Provisions under the Public
Employees' Retirement System shall also be provided as follows:
21.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in
Article 6 of Chapter 9 of the Public Employees' Retirement Law
(commencing with Section 21380 of the Government Code) third tier of
benefits.
21.2.2.2 Single-highest Year Compensation--One-year highest compensation as
set forth in the Public Employees Retirement Law. See Appendix D for
side letter agreement.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 35
21.3
21.2.2.3 Sick Leave O-edit ProvisioJ~--Sick Leave Service Credit as set forth in
the Public Employees Retirement Law. See Sick Leave Service Credit
in Appendix D for side letter agreement.
21.2.3 Employee's Contribzttion to Retirement System--All employees shall pay the
employee contribution to the Public Employees' Retirement System in accordance
with the rules and regulation governing such contributions. The City shall
provide the 414(h)(2) Exemption from the Internal Revenue Service granting a
deferral from federal withholding taxes of that portion of employees' contribution
to PERS. Employee's Contribution to Retirement System
Payment of Unused Accumulated Sick Leave--
21.3.1 Discontinued 90-day Plan-
21.3.1.1 Eligible Employees--An employee who had accumulated unused sick
leave hours on record under the discontinued sick leave accumulation
plan shall be eligible to receive payment under this provision.
21.3.1.2 Number of Hours Payable--An eligible employee shall receive payment
for 50% of the unused sick leave hours on record, up to a maximum of
960 of such recorded hours (maximum of 480 comparable hours), for the
hours accumulated through the payperiod that included 7/1/77.
21.3.1.3 Time of Pay,;ment--An employee or an employee's beneficiary shall
become eligible to receive payment for unused sick leave hours either
upon the death of the employee, upon the retirement of the employee, or
within 3 months from the original date of including this section in the
Agreement. Payment may be made at the time of an employee's death
or retirement or may be deferred to the first payroll period in the
calendar year immediately following death or retirement, at the option of
the payee.
21.3.2 Sick Leave Accrued After October 1, 1986--Upon death, separation from City
employment as a result of a work-related injury, full service retirement after 20
years of service, or retirement at age 50, an employee shall be paid half of the
accumulated sick leave at the time of separation, retirement, or death. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate. No
employee shall, however, receive payment for any recorded hours in excess of
1200 and the maximum payable hours shall be 600. The accrual shall include the
amount credited, if any, on 10/1/86, for the period when the 90-day sick leave
plan was in effect.
Page 36
Memorandum of Understanding
Bet~veen the South San Francisco Police Association and the
City of South San Francisco
22.2
22.3
22.4
22.5
22.6
Article 22. Holidays
22.1 Authorized Holiclays--The City observes the following holidays:
22.1.1 Full-day Holida. vs--The City shall observe the following full-day holidays.
January 1 ................................................................... New Year's Day
Third Monday in January ......................................... Martin Luther King, Jr. Day
Third Monday in February ....................................... President's Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ...................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
November 11 ............................................................ Veteran's Day
Fourth Thursday in November ................................. Thanksgiving Day
Friday follo~ving Fourth Thursday in November ..... Day After Thanksgiving
December 25 ............................................................. Christmas Day
22.1.2 Half-day Holida. vs--In addition, the City observes the following half-day
holidays.
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
Day of Holiclay Obse~'vation--Holidays that fall on a Sunday shall be observed on the
following Monday. Holidays falling on a Saturday shall be observed on the previous
Friday. Half-day holidays shall be observed on the workday immediately previous to the
day Clxristmas Day and New Year's Day are observed.
Day of National Mourning or Celebration--In addition, the City may observe any other
day of national mourning or celebration, provided that it has been proclaimed by the City
Council and provided that the Council directs the closure of City offices for public
service. Any such holiday shall be granted only to those employees who are regularly
scheduled to work on the day that the Council proclaims such a holiday.
Holiday Eligibility--Employees must be on paid status the entire day before and the
entire day after a holiday to be eligible to receive holiday compensation with the holiday
time considered as hours worked.
Employees Working on a Holiday--An employee who is assigned and does work on a
day observed as a City holiday, in addition to the compensation provided above, shall
receive additional overtime compensation at the employee's actual hourly rate of pay for
the first 8 hours worked on an observed full-day holiday and for the first 4 hours worked
on an observed half-day holiday.
Holiday Compensation for Employees on Injury, Illness, or Paid Fa~nily Care Leave--An
employee who is scheduled to work on the day immediately prior to a holiday, on the
actual day of a holiday, or the day immediately following a holiday who does not report
for duty as scheduled due to personal injury or illness or Paid Family Care Leave shall
submit such verification or certification of illness or injury as is satisfactory to the Chief
of Police prior to receiving compensation for the holiday.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 37
22.7
Discretional? Holiday--Each regular employee shall be eligible for one 8-hour holiday
in addition to the holidays observed by the City. An employee's discretionary holiday
may be taken at the option of the employee and ag approved by the Chief of Police. An
employee must take the discretionary holiday each calendar year before the payperiod
prior to the last payperiod of the calendar year. An employee ~vho has not used the
discretionary holiday by that payperiod shall forfeit the receipt of compensated time or
pay for such holiday for that calendar year. An employee whose work schedule
prohibited the use of the discretionary holiday by the payperiod prior to the last payperiod
of a calendar year may receive payment for the holiday with the approval of the Chief of
Police.
Article 23. Leaves
23.1 Vacation--
23.1.1 Vacation Accrual--Full-time regular employees shall be eligible to earn and be
granted vacation leave and shall accrue vacation hours in accordance with the
23.1.2
23.1.3
23.1.4
23.1.5
following.
.4ccrual Rate Per Length of Service
1 ~t through 4th year, inclusive
5th through 14th year, inclusive
15th through 24~h year, inclusive
25~h and succeeding years
Biweekly A~mually
4.62 hours 120 hours.
6.15 hours 160 hours.
7.69 hours 200 hours.
9.23 hours 240 hours.
Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of
service, who prior to 4/1/90, received 176 hours per year of vacation shall
continue to receive this accrual rate, and employees who have between 5 and 10
years of service in a position represented by the Unit as of 4/1/90 shall receive
176 hours per year of vacation upon reaching the 11~h year of service.
Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of
vacation during each calendar year shall be permitted to receive the cash value of
up to 64 hours of unused but accrued vacation. Requests for payment of accrued
vacation may be processed within 45 days of the scheduled leave.
Vacation Scheduling--The Chief of Police shall schedule vacation periods during
which employees shall take their vacation time. Vacation scheduling shall take
into consideration the employees' wishes and the needs of the department.
Deferral of Vacation Period--In the event that the needs of the department are
such that an employee is unable to schedule and take all vacation time during a
calendar year, the unused and unscheduled portion of vacation may be deferred to
the follo~ving calendar year, provided that the Chief of Police approves the'
deferral.
23.1.5.1 Requesting Vacation Deferral--An employee may request the deferral
of up to 40 hours of vacation leave from one calendar year to the
following calendar year. A written request shall be filed with the Chief
of Police, must be approved by the Chief of Police, and must also be
Page 38
Memorandum of Understanding
Betxveen the South San Francisco Police Association and the
City of South San Francisco
23.2
23.3
approved by the City Manager prior to the employee being granted
permission for such deferral of vacation leave.
23.1.6 Vacation Compensation--An employee who retires or separates from City
employment and who has accrued unused vacation time shall be compensated at
the actual hourly rate of pay for all accrued vacation.
Bereavement Leave--An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
23.2.1 Definition of Family Member for Bereavement Leave--For the purpose of
bereavement leave, a family member is defined as a spouse, child, father, mother,
brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-
law, sister-in-law, daughter-in-law, and son-in-law. In addition, the Chief of
Police may grant bereavement leave to an employee upon the death or for the
funeral of some other person, if in the opinion of the Chief of Police, there existed
an extraordinarily close familial relationship between the employee and such other
person.
23.2.2 Leave Within California--Employees may be granted up to a maximum of 24
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing within California.
23.2.3 Leave Otttside California--Employees may be granted up to a maximum of 40
hours of bereavement leave per occurrence for the death or for the funeral of a
family member residing outside of California.
Sick Leave--Every permanent and probationary employee, except those employees who
work less than full-time, who is temporarily and/or partially disabled from performing the
full scope of the usual and customary duties as the result of injury or illness which is not
industrially caused, shall be eligible to receive sick leave without loss of salary or
benefits within the limits set forth below.
23.3.1 Amount of Sick Leave--Each employee will accrue 8 hours per month of
employment for purposes of sick leave. Such leave may be accumulated without
limit.
23.3.1.1 Advancing Sick Leave--Any employee who has accrued sick leave of
less than 96 hours can be advanced up to a maximum of 88 hours of sick
leave, after exhaustion of all accrued sick leave.
23.3.2 Sick Leave Definition--Sick Leave as used herein, is defined as a period of time
during which the employee suffers actual illness or injury that necessitates
absence from employment. Sick leave is not a right or privilege to be used at the
discretion of the employee.
23.3.3 Sick Leave Request--An employee shall make a written request for paid sick
leave for each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the Chief of Police.
23.3.4 Approval of Sick Leave Request--The Chief of Police shall review all sick leave
requests and, if approved, the request for paid sick leave shall be granted. The
Chief of Police shall not unreasonably withhold approval of sick leave requests.
23.3.5 Notification--The employee must notify his/her immediate supervisor prior to, or
within 2 hours of, the commencement of the daily work period in which sick leave
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 39
2~.4
23.5
is sought.
23.3.6 Verification of Injury or illness- 23.3.6.1 Usual Verification--An employee requesting paid sick leave shall
provide reasonable verification of the illness or injury, usually in the
form of the employee's personal statement of injury or illness.
23.3.6.2 Doctor's Verification--The Chief of Police may require a verification
prepared and signed by a medical doctor, which describes the nature and
extent of the injury or illness and that confirms that the employee has
fully recovered and is able to perform the full scope of the normal and
customary duties of the classification. This verification shall be required
when an employee is absent due to illness or injury for a period of 39
hours or more. In addition, a doctor's verification can be requested if an
individual employee has abused the leave in the opinion of the Chief of
Police. Such medical verification request shall not be unreasonably
imposed.
23.3.7 Sick Leave Manage~nent Plan--The Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave is defined as the use of sick
leave for purposes other than illness or injury. Consistent with this policy, the
monitoring, management, maximum use of sick leave, and reporting should
conform to a general City standard. Therefore, employees exceeding 56 hours or
7 occurrences of sick leave per year will be subject to a review of sick leave
usage.
Medical Appointment Leave--Employees shall receive leave with pay for appointments
with medical doctors and dentists. Such leave shall be authorized only for the actual time
necessary for the appointment. Employees shall be required to submit a personal
statement describing the nature and need of such visits. The City reserves the right to
confirm or verify any appointment for which such leave is authorized.
23.4.1 Medical Appointment Leave Charged to Sick Leave--The first 8 hours per year of
medical appointment leave will not be charged to sick leave, all other absences
related to medical appointments shall be charged to sick leave.
Paid Family Care Leave--
23.5.1 Employees Hired Prior to ]/O]/OJ Eligibility for Paid Family Care Leave--Only
those full-time regular employees in a civilian classification as of 12/31/00 shall
be eligible for 16 hours of Paid Family Care Leave for the purpose of obtaining
medical consultation or treatment or for caring for an injured or ill family member
as defined below.
23.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the Chief of Police may grant leave to an employee for some other
person (other then "family member", as listed), if, in the opinion of the Chief of
Police, there exists or existed an extraordinary close familial relationship between
the employee and such other person.
Page 40
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
23.6
23.7
23.8
23.5.3 Sick Leave as Family Care Leave--Employees accrue sick leave each year as
defined in the sick leave article of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave allotment, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
23.5.3.1 Definition of Family Member for Sick Leave as Family Leave
Purposes--A family member, as defined in Labor Code 233, shall
include the employee's spouse, child, mother, and father.
23.5.3.2 Leave Amount--The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision, if eligible, shall not exceed
one-half of the employee's annual allotment of sick leave.
Concurrent Use of Leave--Such leaves may run concurrently with any family care leave
taken under federal or state family care leave acts.
Notification Procedures--Leave usage forms and notification procedures xvill continue to
be used, provided the City reserves the right to take such action it deems necessary to
confirm or verify use of this leave.
Light-duty Program---The purpose of this light-duty program is to minimize the loss of
productive time, while at the same ti.me reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income toss. Light-duty
assignments will be structured so employees are not placed in a duty status that would
aggravate or cause a reoccurrence of injury or illness. Light-duty assi=mmaents will not be
made unless the employee receives medical clearance from the treating physician to
return for light-duty work. If applicable, this pro,am shall be coordinated with
appropriate workers' compensation benefits so that benefits are provided at the level not
less than those mandated by state law.
23.8.1 Coverage--This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
23.8.1.1 Determination/Required Reports--
23.8.1.1.1 Assignments--Light-duty assi=mtrnents may be made
following evaluation and determination by the Chief of
Police. The determination will be based on available medical
information, and consultation with the employee or the
affected supervisor. Determinations will also be based on the
needs of the City and the impact of light duty work on
departmental operations. The evaluation and determination
of light-duty assignments will be based on the employee's
medical restrictions and upon agreement of the Chief of
Police, the employee, and the affected supervisor.
23.8.1.1.2 Medical Updates--After the initial report, updated medical
reports shall be submitted to the Chief of Police at 2-week
intervals, or at other agreed-upon intervals, for as long as the
employee is off work. Reports will be required for all
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 41
industrial or non-industrial injuries or illnesses regardless of
whether a light-duty assignment has been made. Reports will
be evaluated by the Chief of Police for purposes of
continuing or terminating a current light-duty assignment or
to determine when to commence a light-duty assignment.
23.8.1.1.3 Light-dz~ty Assignment, Definitions, a~d Restrictions--Light-
duty assignments shall only be provided to employees with
temporary disabilities where it has been medically
determined that the employee will be able to return to the
essential functions of his/her current job ~vith or without
accommodation. Under no circumstances shall the light-duty
assigm~nent be considered to be a permanent alternative
position for purposes of reasonable accommodation under the
American with Disabilities Act. Light-duty assignments:
· May consist of reduced work hours, limited work, or any
combination thereof.
· Will not adversely affect the employee's actual hourly
rate of pay.
· Will be within the employee's assigned department; or if
no regular work is available, the employee may be
assigned ~vork outside of the department consistent with
skill and ability.
· When feasible will be during the employee's normal shift
and duty hours. However, if it is determined that no
useful work will be performed during the normal shift or
duty hours, the employee can be assigned light-duty work
during the normal office hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday or to an alternate shift.
· Will be developed based on available specific light-duty
assignments on a case-by-case review of the medical
restrictions, so as not to aggavate an injury or illness.
· Will not be placed in light-duty assi=m'u'nents that, in the
normal course of events, will require that they provide
direct field emergency response.
23.8.2.1 Holidays/Vacations During Light-duty Assignments--
23.8.2.1.1 Holidays Observed--Holidays shall be observed in
accordance with the light-duty assignment work hours and
workweek. That is, if an employee is assigned to work hours
in a department, division, or operating unit where employees
in that work unit take a holiday off, so shall the light-duty
employee. If the employee is assigned to work hours in a
department, division, or operating unit where employees in
that work unit work holidays, so shall the light-duty
Page 42
Memorandum of Understanding
Betxveen the South San Francisco Police Association and the
City of South San Francisco
23.9
23.10
23.11
employee. Compensation for holidays shall be in accordance
with this agreement.
23.8.2.1.2 Vacations--Employees assigned to light duty shall take their
vacation as normally scheduled. Vacations shall cover the
same number of workdays and calendar days as would have
been if the employee had remained on full duty. Employees
may reschedule their vacation with the approval of the Chief
of Police, provided the rescheduling does not result in
increased costs or lost time to the City for relief staff to cover
the rescheduled vacation.
23.8.3 Return to Full-duty Assigmnent--Employees will be returned to full duty as soon
as possible following medical certification that the employee is able to resume the
full duties of the classification with or without reasonable accommodation.
Industrial Injmy or Illness--An employee who is absent from work and ~vho is
temporarily and/or partially disabled from performing work as the result of an injury or
illness that has been determined to be industrially caused, shall be entitled to receive paid
leave for all time the employee is normally scheduled to work during a period of 90-
calendar days from the commencement of the injury or illness necessitating absence from
work. An employee on industrial injury or illness leave shall assign to the City all
workers' compensation insurance proceeds received by the employee during the period
the employee is getting full compensation from the City for all absent work hours.
Pregnancy-related Disability' Leave--Eligible employees may be granted leave up to the
maximum period of time permitted by law for pregnancy reasons for disabilities caused
or contributed to by pregnancy, childbirth, or related medical conditions or for reason of
the birth of a child or the placement of a child with an employee in connection xvith
adoption.
Short- or Long-term Disability--
23.11.1 Application for Benefits--An employee who is disabled from performing the
full scope of the usual and customary duties of the classification as the result of
an injury or illness and who has utilized all accrued and eligible paid leave and
sick leave up to 30-calendar days of disability, may file an application for
Disability Insurance benefits in accordance with the requirements of the City's
Disability Insurance Policy.
23.11.2 City Determination--Upon an employee qualifying for Disability Insurance
benefits, the City shall determine whether the employee's disability from
performing the full scope of the usual and customary duties of the classification
is permanent and stationary, or medical prognosis of the employee's eventual
ability to completely recover to a point of being able to assume the full scope of
the usual and customary duties of the classification is such that there exists a
probability of complete recovery within a period of 365 days, or a reasonable
extension thereof.
23.11.3 Permanent and Stationary Determination--If the City determines that the
employee is disabled from performing the full scope of the usual and customary
duties of the classification is permanent and stationary, then the City may retire
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 43
23.11.4
23.11.5
23.11.6
23.11.7
the employee or otherwise separate the employee from the City's service or
position in the classification.
Tempora~7 Determination--If the City determines that the employee's
disability from the performance of the full scope of the usual and customary
duties of the classification is such that there exists a probability of complete
recovery within a per/od of 365 days, or a reasonable extension thereof, then the
City may grant the employee a leave of absence without pay for a period
appropriate to the time necessary to determine the employee's ability to
completely recover; or the City may not grant such leave and separate the
employee from the City's service or position in the classification.
Permanent and Stationao' Determination During Leave of Absence--If the City
grants an employee a leave of absence without pay for the purpose of providing
the employee with the ability to completely recover and the employee's
disability becomes permanent and stationary during the period of such leave, the
City may retire the employee on a disability retirement or otherwise separate the
employee from the City's service or position in the classification at such time as
the employee's condition becomes permanent and stationary.
Accrued Vacation Payment--Upon becoming eligible for Disability Insurance
benefits, and upon being granted a leave of absence ~vithout pay for a period
appropriate to the time necessary to determine an employee's ability to
completely recover, the City will pay, at the request of the employee, any
accrued vacation time for which the employee qualifies.
Insurance Premium Payment--The City will continue to pay insurance
premiums on behalf of a disabled employee and eligible dependents, pursuant to
the provisions for such payments as otherwise provided in this Agreement until
the actual date of separation of the employee from City employment.
Article 24. Recreational Facilities and Classes
24.1 Admission to Classes--All full-time regular employees shall be entitled to free admission
to City recreation facilities and to free enrollment in up to 5 recreational classes during a
12omonth period (lab fees or ingredient fees not included).
24.2 Use of Facilities--Employees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee's non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the rules and regulations established by the Parks, Recreation, and
Maintenance Services Department.
Article 25. Layoff
25.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary, in the
interest of economy or because of lack of need for the position or employment involved
no longer exists, the City Council may abolish any position or employment in the
Page 44
Memorandum of Understanding
Bet~veen the South San Francisco Police Association and the
City of South San Francisco
25.2
25.3
25.4
25.5
competitive service and layoff, reassign, demote, or transfer an employee holding such
position or employment xvithout filing written charges. The appointing authority may
likewise layoff an employee in the competitive service because of mater/al change in
duties or organization, or because of a shortage of work or work funds.
Seniority for Layoff Purposes--Seniority for the purposes of layoff is defined as length of
continuous full-time employment within the service of the City, and does not include
service in a provisional and temporary status. Seniority shall be retained, but shall not
accrue during any period of leave without pay, except as authorized by state and federal
law.
Order of Layoff--When one or more employees working in the same class in a City
department are to be laid off (provisional and temporaries therein, having already been
terminated), the order of layoff in the affected department shall be probationary
employees in reverse order of seniority, then permanent employees in reverse order of
seniority. Should 2 or more employees have identical City service seniority, the order of
layoff will be determined by classification seniority. Whenever 2 or more employees
have identical classification seniority, the order of layoff shall be determined by an
established departmental seniority policy (badge numbers) or in the absence or dispute
thereof'., random selections.
Notice of Layoff--Employees shall be sent written notice, including reasons therefor, by
certified registered mail, return receipt requested or may be personally served the notice,
a minimum of 20-working days prior to the effective date of layoff. An employee
receiving said notice may respond in writing, to the City Manager. The employee's
representative shall receive concurrent notice, and upon request, shall be afforded an
opportunity to meet with the City to discuss the circumstances requiring the layoff and
any proposed alternatives, that do not include the consideration of the merits, necessity or
organization of any service or activity. The provisions below, must be requested by the
employee, in writing, 15-working days prior to the effective date of layoff.
Layoff Re-employment/Reinstatement Lists--
25.5.1 Classification Reinstatement List--Probationary and permanent employees who
are reclassified and/or demoted as a result of a reduction in force, shall have their
names placed on a classification reinstatement list in order of their seniority.
Vacant positions within the classification shall first be offered to employees on
this list.
25.5.2 Like Classification Reinstatement List--Employees who are laid off shall have
their names placed on a reemployment list for classifications that, in the opinion
of the Director of Human Resources, require basically the same qualifications,
duties, and responsibilities as those of the classification from which the layoff
occurred, in order of seniority. Vacant positions in such classifications shall be
offered to the reemployment list who qualify for such vacancies pr/or to an open
or promotional recruitment.
Duration of Re-eml2loyment/Reinstatement Lists--No name shall be carried on a
reinstatement or reemployment list for a period longer than 2 years. Refusal to
accept the first offer of reinstatement or reemployment within the same
classification shall cause the name to be dropped from the list. Individuals not
25.5.3
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 45
25.5.4
responding to written notification forwarded to their last given address by
certified registered mail, return receipt requested, of an opening within 10-
working days from mailing shall have their names removed from either the
reinstatement or reemployment list. Individuals who do not meet current
employment standards (i.e., medical, licenses, etc.) shall have their names
removed from either the reinstatement or reemployment list.
Probationary Returns--Probationary employees appointed from a reinstatement
or reemployment list must serve the remainder of their probationary period in
order to attain permanent status.
Article 26. Disciplinary Action
26.1 Personnel Rules and Regulations--All
26.2
26.3
definitions of words, phrases, etc., and the
meanings and intent of this Article, shall be in accordance with the City of South San
Francisco Personnel Rules and Regulations.
Action by the City--The City shall take disciplinary action against a permanent employee
for misconduct including, but not limited to chronic absenteeism, incompetence,
insubordination, failure to follow work rules, misstatement of fact on an application or
other personnel document, falsification of records, unfitness for duty, and absence
without authorized leave.
26.2.1 Disciplinary Action--Disciplinary action may take the form of a suspension, pay
reduction, demotion, or discharge.
26.2.2 Emergency Action--All disciplinary action taken against an employee must
receive the prior approval of the appointing authority except under emergency
circumstances that dictate immediate suspension of the employee by the Chief of
Police. In such cases, the Chief of Police shall immediately report the action
taken to the appointing authority who shall review the case and make the
determination concerning the appropriateness of the suspension and of further
disciplinary action.
26.2.3 City Manager Approval--All actions resulting in a salary reduction shall be
subject to review by the appointing authority and the Chief of Police involved
within 30 days following the effective date of the initial action and at regular
intervals thereafter. Actions resulting in demotions may be reviewed at the sole
discretion of the appointing authority.
Notice of Disciplinary Action--The City shall provide the affected employee with written
notice prior to taking disciplinary action, except where circumstances dictate that the City
take immediate action to remove the employee from the workplace. In such cases,
written notice, as set forth below, shall be provided the employee within 2-working days
from the date of the action. In all cases, written notice of disciplinary action shall be
served on the employee personally or be certified registered mail, with a copy of the
notice to be placed in the employee's personnel file.
Page 46
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
26.4
26.5
26.6
Written Notice--The written notice shall contain the type of disciplinary action, the
effective date of the action, the reason or cause for the action, that the employee may
inspect copies of all materials upon which the action is based, and that the employee has
the right to respond, either orally or in writing, to the authority initially imposing the
discipline.
Notice Timelines--Except for instances where disciplinary action must be imposed
immediately, the notice shall be provided the employee no later than 10-working days
before the disciplinary action is to be effective. Where immediate disciplinary action has
been imposed, such action will not be final until the aforementioned notice has been
furnished to employee and the employee has been provided up to 1 O-working days from
receipt of the notice to respond to the authority initially imposing the discipline.
Appeal Rights--Once the proposed disciplinary action has been imposed, the affected
employee shall have the right to appeal. Such appeals shall be filed directly at the fourth
step of the grievance procedure set forth in Rule 14 of the Personnel Rules and
Regulations.
27.2
27.3
27.4
Article 27. Grievance Procedure
27.1 Definition of a Grievance--A grievance is an allegation by an employee or a group of
employees that the City has failed to provide a condition of employment that is
established by this Ag-reement, provided that the condition of employment is not made
subject to the discretion of the Chief of Police or by the City. This grievance procedure
shall not apply to discipline or other matters over which the Personnel Board has
jurisdiction pursuant to Title 3 of the Municipal Code. This grievance procedure shall be
the exclusive means of resolving grievances of employees covered by this Agreement.
Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment established by this Agreement, or within 45-calendar days from the time an
employee might reasonably have been expected to have learned of the alleged failure.
Informal Discussion with Employee's Supervisor--Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in an attempt to work out a satisfactory solution. If the employee and
immediate supervisor cannot work out a satisfactory solution, the employee may then
choose to represent him/herself individually, or may request the assistance of an
employee representative, who has been officially authorized by the Union to write and
formally present the grievance.
Formal Written Grievance to Captain--If the employee chooses to formally pursue the
grievance, s/he shall present the written grievance to the appropriate Captain within 15-
calendar days after the date upon which the grieving employee informally discussed the
grievance with the immediate supervisor. The written =m-ievance shall specify the Article,
Section, and/or Subsection of this Agreement alleged to have been violated by the City
and shall specify date, times, persons, remedy requested, and other facts necessary to a
clear understanding of the matter being grieved. The Captain shall respond in writing to
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 47
27.5
27.6
27.7
27.8
27.9
27.10
the grievance within 15-calendar days after receipt of the written grievance. If the
grievance is not resolved at this level, the employee shall have 15-calendar days from
receipt of the Captain's answer to file an appeal to the Chief of Police.
Grievance to the Chief of Police--The Chief of Police shall have 15-calendar days after
receipt of the grievance to review and answer the grievance in writing. A meeting
between the Chief of Police, the grievant, and grievant's representative may be scheduled
in order to facilitate resolution.
Informal Review by the City Manager--In the event that the grievance is not resolved by
the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief of
Police's decision, request in writing to the City Manager, that the grievance be heard by
the City Manager.
Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the
grievance for hearing by an arbitrator, the City Manager or designee may infon'nally
review the grievance and determine whether said grievance may be adjusted to the
satisfaction of the employee. The City Manger or designee shall have 15-calendar days
to review and seek adjustment of the grievance.
Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement between
the City Manager or designee and the grievant or the grievant's representative. If the City
Manager or designee and the grievant or the =m-ievant's representative are unable to agree
on the selection of an arbitrator, they shall jointly request the State Mediation and
Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in
public sector arbitration. The parties shall then alternatively strike names from the list
until only one name remains, and the person shall serve as arbitrator. Lot shall determine
the first strike from the list.
Duty of Arbitrator-
27.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by
the parties, it shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and thereafter to make written findings of fact and
disposition of the =o-rievance, which shall be final and binding upon the parties.
The decision of the arbitrator shall be based solely on the interpretation of the
appropriate provisions of the Agreement applicable to the grievance, and the
arbitrator shall not add to, subtract from, modify, or disregard any of the terms or
provisions of the agreement.
27.9.2 Arbitrator Resloonsibility--The provisions for arbitration are not intended and
shall not be construed to empower an arbitrator to change any condition of
employment, specifically covered by the Agreement or, in any respect, to revise,
modify or alter, any provision contained in this Agreement.
Payment of Costs--Each party to a hearing before an arbitrator shall bear his/her own
expenses in connection therewith. Either party shall have the fight to a reporter's
transcript of the hearing provided that this cost is born by the requesting party. If the
other party elects to utilize a copy of the transcript, the entire costs shall be divided
equally. All fees and expenses of fl~e arbitrator shall be borne half by Ihe City and half by
the grievant.
A '7
Page 48
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
27.11
27.12
Effect of Failure of Timely Action--Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
Non-union Representation--In the event that an employee chooses to represent
him/herself, or arranges for representation independent of the Union, the Chief of Police
and the City shall make no disposition of a grievance that is inconsistent with the terms
and conditions of this Agreement. In the event an employee shall elect to go to hearing
independently under paragraph above, the Union shall have the right to be a full and
equal party to such proceedings for the purpose of protecting the interests of its members
under the terms of the A~eement.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 49
Section 3- Provisions for all Unit Members
Article 28. Agreement Modification and Waiver
9.28.1 Full and Entire Agreement--This Memorandum of Understanding sets forth the full and
entire agreement of the parties regarding the matters set forth herein, and any other prior
or existing understanding and agreements over these matters between the parties, whether
formal or informal, are hereby superseded in their entirety. In the event that the
provisions of this Agreement are found to be in conflict with a City rule, regulation or
resolution, the provisions of this Agreement shall prevail over such conflicting rule,
regulation, or resolution.
28.2 Eligibility for Retroactivity--A unit member must be employed by the City in a position
covered by this Agreement at the time settlement is reached on a successor A=oreement
and that Agreement is ratified in order to be eligible for any limited retroactivity in salary
or benefit increases that the successor Agreement may provide.
28.3 ~Vritten Modification Required--No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
maturer be binding upon the parties hereto unless made and executed in writing by all
parties hereto and approved by the City Council.
28.4 WaiveJ~The waiver of any breach, term or condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
Article2 9. Signatures
In witness thereof, th._~es hereto hav. e executed this Agreement in the City of South San
Francisco onthis ,~ day of "~~o-~/ r-~O~{ ·
For the ~ty~' ... ~//~ ~
For the Association:
Page 50
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Appendix A
Sworn and Civilian Classifications
Sworn Classifications
· Police Recruit
· Police Officer
· Police Corporal
· Police Sergeant
Civilian Classifications
· Parking Enforcement Officer
· Police Property and Evidence Specialist
· Police Records Specialist
· Police Service Technician
· Senior Police Records Specialist
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 51
Appendix B
Sworn and Civilian Classifications Salary Adjustments
Sworn Classifications 1/1/01 1/1/02 1/1/03 1/1/04
· Police Recruit ........................................... 6.32% ............. 4.0% .............. 4.0% ............. Survey
· Police Officer ........................................... 6.32% ............. 4.0% .............. 4.0% ............. Survey
· Police Corporal ........................................ 6.32% ............. 4.0% .............. 4.0% ............. Survey
· Police Sergeant ......................................... 6.32% ............. 4.0% .............. 4..0% ............. Survey
Civilian Classifications
·
·
·
·
·
1/1/01 1/1/02 1/1/03 1/1/04
Parking Enforcement Officer .................... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Police Property and Evidence Specialist... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Police Records Specialist .......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Police Service Technician ......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey
Senior Police Records Specialist .............. 5.0% .............. 4.0% .............. 4.0% ............. Survey
Page 52
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Appendix C
Side Letter-medical Benefits
Medical Plan Modifications--Should the City determine that there ought to be an amendment in
medical plan providers, such as an add, delete, or change, the City will undertake this conversion,
making every effort to maintain the same level of service to participants without costing the City
additional funds for medical plan premiums.
Memorandum of Understanding
Bet~veen the South San Francisco Police Association and the
City of South San Francisco
Page 53
Appendix D
Side Letter-Optional PERS Benefits
PERS Retirement Formula Modifications--
D. 1 Sick Leave Service Credit--The City will have an actuarial study conducted by PERS for
Sick Leave Service Credit for both sworn and civilian positions. If the results of the
study are .02% of salary or less for either the sworn or the civilian positions, then the City
will implement the PERS plan modification by no later than 7/1/01. If the results of the
actuarial study are .021% or more the City and the Association will meet and confer to
ascertain if employee members, as a group, will pay the costs above .02%.
D.2 Single-highest Year Retirement Calculation--If at any time from January 2001 through
June 2003, additional PERS benefits of single-highest year retirement calculation for
miscellaneous employees (civilian employees) are made available to employees classified
as Miscellaneous with the Public Employees' Retirement System, and are granted to
other miscellaneous employee units of the City, this unit shall also be granted those
benefits.
Page 54
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Appendix E
Side Letter-Sick Leave Coding and Recognition
E.1
E.2
Sick Leave Usage Coding--The City will adopt a coding system by 7/1/01 to correctly
account for personal sick leave and sick leave as family care usage. The purpose of this
coding system is to correctly identify how leave is used. A byproduct of this coding
system will be to ensure that those employees who qualify for recognition for not using
personal sick leave will be eligible for department and/or City recognition.
Low Sick Leave Usage Recognition--The department management staff and the Police
Association will meet by 3/1/01 to develop a program to facilitate the department's
continued low sick leave usage by addressing one component of wellness, which is
physical fitness through exercise. The goal of the program is to provide no more than 1
new or replacement physical fitness-related equipment/apparatus to the department gym
per year.
Memorandum of Understanding
Between the South San Francisco Police Association and the
City of South San Francisco
Page 55
Appendix F
Police Association-Salary and Benefits Staff Report
1. Include a four-year agreement, ending 12/31/2004.
2. Incorporate previously agreed-upon language into this MOU revision.
3. Modify bilingual incentive language with pre-determined languages. Grandfather in those
employees in the current bilingual incentive program.. Increase bilingual compensation by 2.5% on
7/1/03.
4. Increase uniform allowance for all classifications in unit each year of agreement by $15 on 7/1/01;
$10 on 7/1/02; $10 on 7/1/03; and $10 on 7/1/04.
5. Maintain current level of health benefits. Add side letter about modifying medical benefit providers,
if necessary.
6. Increase dental benefits to $1,500 per calendar year, effective 1/1/01.
7. Add short-term disability benefits for civilian employees, effective 1/1/01.
8. Modify light-duty provision to allow for an employee to be assigned in another department if work is
available.
9. Modify discretionary holiday payoff to be by the payperiod before the last payperiod of the calendar
year.
10. Add side letter for departmental recognition program to be developed by 7/1/01.
11. Implement PERS retirement benefits of 3% at age 50 retirement formula for s~vorn classifications by
1/1/03.
12. Add provision that if the PERS retirement benefits are modified for any other miscellaneous unit
during the life of this agreement, those modifications are also provided for this unit, such as for
single-highest year retirement calculation.
13. Add side letter provision to request a PERS actuarial study for sick leave service credit for both
sworn and civilian members, and if rate is .2% of salary or less for either group, then add. If rate is
2.1 or more, then meet with Association to determine if membership pays difference.
14. Modify language in such areas as Sick Leave Management Policy.
15. Modify Sick Leave and Paid Family Care Leave to ensure consistency with new laws. Eliminate
Paid Family Care Leave for employees hired into unit-covered classifications after !/1/01. Reduce
Paid Family Care Leave by 8 hours for civilian classifications and by 14 hours for sworn
classifications, effective 1/1/01. Eliminate remaining Paid Family Care Leave for sworn
classifications by 7/1/03.
16. Modify salaries for sworn classifications for the period of 1/1/01 through 12/31/04 to include equity
adjustment of 6.32% on 1/1/01, and COLA of 4% on 1/1/02, and 4% on 1//1/03; and survey for
1/1/04, ~vith placement at the 60m percentile and maintenance of the same salary spread between
levels for 1/1/04 survey.
17. Modify salaries for civilian classifications for the period of 1/1/01 through 12/31/04 to include 5%
on 1/1/01, 4% on 1/1/02, and 4% on 1//1/03; and survey for 1/1/04, with placement at the 60~h
percentile and maintenance of the same salary, spread between levels for 1/1/04 survey.
PROPOSED SALARIES OF UNIT C - EFFECT[VE 01-01-02
)ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP S... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP ll..
~OLICE CORPORAL HRLY.RATE 33.9200 34.8100 35.6500 36.5900
BIWEEKLY 2713.60 2784.80 2852.00 2927.20
MONTHLY 5879.00 6034.00 ~179.00 6342.00
~OLICE CLERK
HRLY.RATE 18.8100 19.7400 20.7400 21.7700 22.8600
BIWEEKLY 1504.80 1579.20 1659.20 1741.60 1828.80
MONTHLY 3260.00 3422.00 3595.00 3773.00 3962.00
~OLICE HRLY.RATE 20.3100 21.3200 22.3900 23.5100 24.6700
>ROPERTY/ BIWEEKLY 1624.80 1705.60 1791.20 1880.80 1973.60
gVIDENCE MONTHLY 3520.00 3695.00 3881.00 4075.00 4276.00
;PECIALIST
~OLICE OFFICER
HRLY.RATE 25.0200 26.8300 28.7900 30.9000 33.1100
BIWEEKLY 2001.60 2146.40 2303.20 2472.00 2648.80
MONTHLY 4337.00 4651.00 4990.00 5356.00 5739.00
~OLICE SERVICE
'ECHNICIAN
HRLY.RATE 19.3400 20.3000 21.3200 22.3900 23.5100
BIWEEKLY 1547.2'~ 1624.00 1705.60 1791.20 1880.80
MONTHLY 3352.00 3519.00 3695.00 3881.00 4075.00
~OLICE RECRUIT
HRLY.RATE 24.5600 26.3200 28.2200 30.3000 32.5100
BIWEEKLY 1964.80 2105.60 2257.60 2424.00 2600.80
MONTHLY 4257.00 4562.00 4891.00 5252.00 5635.00
IOLICE SERGEANT HRLY.RATE 36.5900 37.4500 38.4000 39.3500 40.3200
BIWEEKLY 2927.20 2996.00 3072.00 3148.00 3225.60
MONTHLY 6342.00 6491.00 6656.00 6821.00 6989.00
~ARKING HRLY.RATE
~NFORCEMENT BIWEEKLY
)FFICER MONTHLY
17.5400 18.4200 19.3400 20.3100 21.3300
1403.20 1473.60 1547.20 1624.80 1706.40
3040.00 3193.00 3352.00 3520.00 3697.00
POLICE CLERK HRLY.RATE 19.8100 20.7800 21.8100 22.9100 24.0600
BIWEEKLY 1584.80 1662.40 1744.80 1832.80 1924.80
MONTHLY 3434.00 3602.00 3780.00 3971.00 4170.00
PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-02
SCRIPTION.
· UNIT ...... STEP i... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11..
ds listed.
PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-03
,ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11..
'OLICE CORPORAL HRLY.RATE 35.2800 36.2000 37.0800 38.0500
BIWEEKLY 2822.40 2896.00 2966.40 3044.00
MONTHLY 6115.00 6275.00 6427.00 6595.00
'OLICE CLERK
HRLY.RATE 19.5600 20.5300 21.5700 22.6400 23.7700
BIWEEKLY 1564.80 1642.40 1725.60 1811.20 1901.60
MONTHLY 3390.00 3559.00 3739.00 3924.00 4120.00
'OLICE HRLY.RATE 21.1200 22.1700 23.2900 24.4500 25.6600
'ROPERTY/ BIWEEKLY 1689.60 1773.60 1863.20 1956.00 2052.80
:VIDENCE MONTHLY 3661.00 3843.00 4037.00 4238.00 4448.00
;PECIALIST
'OLICE OFFICER
HRLY.RATE 26.0200 27.9000 29.9400 32.1400 34.4300
BIWEEKLY 2081.60 2232.00 2395.20 2571.20 2754.40
MONTHLY 4510.00 4836.00 5190.00 5571.00 5968.00
'OLICE SERVICE
'ECHNICIAN
HRLY.RATE 20.1100 21.1100 22.1700 23.2900 24.4500
BIWEEKLY 1608.80 1688.80 1773.60 1863.20 1956.00
MONTHLY 3486.00 3659.00 3843.00 4037.00 4238.00
'OLICE RECRUIT
HRLY.RATE 25.5400 27.3700 29.3500 31.5100 33.8100
BIWEEKLY 2043.20 2189.60 2348.00 2520.80 2'704.80
MONTHLY 4427.00 4744.00 5087.00 5462.00 5860.00
'OLICE SERGEANT HRLY.RATE 38.0500 38.9500 39.9400 40.9200 41.9300
BIWEEKLY 3044.00 3116.00 3195.20 3273.60 3354.40
MONTHLY 6595.00 6751.00 6923.00 7093.00 7268.00
'ARKING HRLY.RATE
:NFORCEMENT BIWEEKLY
)FFICER MONTHLY
18.2400 19.1600 20.1100 21.1200 22.1800
1459.20 1532.80 1608.80 1689.60 1774.40
3162.00 3321.00 3486.00 3661.00 3845.00
;R POLICE CLERK HRLY.RATE 20.6000 21.6100 22.6800 23.8300 25.0200
BIWEEKLY 1648.00 1728.80 1814.40 1906.40 2001.60
MONTHLY 3571.00 3746.00 3931.00 4131.00 4337.00
PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-03
]SCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11..
'ds listed.
,RGAINING UNIT - POLICE
iD. DESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11..
[75 PARKING HRLY.RATE 16.8700 17.7100 18.6000 19.5300 20.5100
ENFORCEMENT BIWEEKLY 1349.60 1416.80 1488.00 1562.40 1640.80
OFFICER MONTHLY 2924.00 3070.00 3224.00 3385.00 3555.00
[05 POLICE CLERK
HRLY.RATE 18.0900 18.9800 19.9400 20.9300 21.9800
BIWEEKLY 1447.20 1518.40 1595.20 1674.40 1758.40
MONTHLY 3136.00 3290.00 3456.00 3628.00 3810.00
100 POLICE CORPORAL HRLY.RATE 32.6200 33.4700 34.2800 35.1800
BIWEEKLY 2609.60 2677.60 2742.40 2814.40
MONTHLY 5654.00 5801.00 5942.00 6098.00
115 POLICE OFFICER
HRLY.RATE 24.0600 25.8000 27.6800 29.7100 31.8400
BIWEEKLY 1924.80 2064.00 2214.40 2376.80 2547.20
MONTHLY 4170.00 4472.00 4798.00 5150.00 5519.00
110 POLICE HRLY.RATE 19.5300 20.5000 21.5300 22.6100 23.7200
PROPERTY/ BIWEEKLY 1562.40 1640.00 1722.40 1808.80 1897.60
EVIDENCE MONTHLY 3385.00 3553.00 3732.00 3919.00 4111.00
SPECIALIST
2160 POLICE RECRUIT
HRLY.RATE 23.6200 25.3100 27.1300 29.1300 31.2600
BIWEEKLY 1889.60 2024.80 2170.40 2330.40 2500.80
MONTHLY 4094.00 4387.00 4703.00 5049.00 5418.00
2165 POLICE SERGEANT HRLY.RATE 35.1800 36.0100 36.9200 37.8400 38.7700
BIWEEKLY 2814.40 2880.80 2953.60 3027.20 3101.60
MONTHLY 6098.00 6242.00 6399.00 6559.00 6720.00
NING UNIT - POLICE
ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11..
'OLICE SERVICE HRLY.RATE 18.6000 19.5200 20.5000 21.5300 22.6100
'ECHNICIAN BIWEEKLY 1488.00 1561.60 1640'00 1722.40 1808.80
MONTHLY 3224.00 3383.00 3553.00 3732.00 3919.00
POLICE CLERK HRLY.RATE 19.0500 19.9800 20.9700 22.0300 23.1300
BIWEEKLY 1524.00 1598.40 1677.60 1762.40 1850.40
MONTHLY 3302.00 3463.00 3635.00 3819.00 4009.00
South
Compensation
between the
Plan
l:~ublic Safety M~ge~s
and the
City of South S, an Francisco
January 1, 2002 through December $1,2004
Published by
Human Resources Department
City of South San Francisco
Street Address:
Ftrst Floor City Hall
400 Grand Avenue
South San Francisco CA 94080
Web Site
www.ssf, net
Mailing Address:
P. O. Box 711
South San Francisco CA 94083
650/877-8522 Tel
650/829-6699 Job Line
650/829-6698 Fax
Benefit Information 650/877-8523
Recruitment Information 650/829-6693
City of South San Francisco
Public Safety Management Compensation Plan
Table of Contents
1 Public Safety Managers Defined ............................................................................. 1
2 Salary ....................................................................................................................... 1
2.1 Increases ("Me Too Clause") ......................................................................... 1
2.2 Classification Compaction ............................................................................. 1
2.3 Salary Schedule ............................................................................................. 1
2.4 Temporary Assigm'nent to a Higher-level Positions ...................................... 1
3 Other Pay ................................................................................................................. 2
3.1 Longevity Pay ................................................................................................ 2
3.1.1 After 15 Years of Service .................................................................... 2
3.1.2 After 20 Years of Service .................................................................... 2
3.2 Extra Shift Pay ............................................................................................... 2
3.2.1 Qualifying Shifts ................................................................................. 2
3.2.2 Compensation Amount ........................................................................ 2
3.2.3 Department Head Review ................................................................... 2
3.2.4 No Affect on Employee' s Right to Overtime ..................................... 2
4 Payment of Compensation ....................................................................................... 2
5 Health and Welfare Benefit Plans ............................................................................ 3
5.1 Medical Insurance .......................................................................................... 3
5.1.1 Available Medical Plans .................................................................... 3
5.1.2 Payment of Premium Costs ............................................................... 3
5.1.3 Effective Date of Coverage ............................................................... 3
5.1.4 Domestic Partner Coverage ............................................................... 3
5.1.5 Medical Insurance for Employees Who Retire .................................. 3
5.2 Dental Insurance ............................................................................................ 3.
5.2.1 Available Plan .................................................................................... 3
5.2.2 Payment of Premium Costs ............................................................... 3
5.2.3 Effective Date of Coverage ............................................................... 3
5.2.4 Dental Insurance for Employees Who Retire .................................... 4
5.3 Vision Insurance ............................................................................................ 4
5.3.1 Available Plan .................................................................................... 4
5.3.1.1 Tint Coverage ....................................................................... 4
5.3.2 Payment of Premium Costs ............................................................... 4
5.3.3 Effective Date of Coverage ............................................................... 4
5.3.4 Vision Insurance for Employees Who Retire .................................... 4
5.4 Discretionary Benefit Option ......................................................................... 4
5.4.1 Proof of Alternate Insurance .............................................................. 4
5.4.2 Method of Computation ..................................................................... 4
5.4.3 Exercising the Option ........................................................................ 4
5.5 Life and Accidental Death and Dismemberment Insurance ..........................5
5.5.1 Term Life Value ................................................................................ 5
City of South San Francisco
Public Safety Managers Compensation Plan
Page ii
5.5.2 AD&D Value ..................................................................................... 5
5.5.3 Payment of Premium Costs ............................................................... 5
5.5.4 Effective Date of Coverage ............................................................... 5
5.6 Disability Insurance Program ........................................................................ 5
5.6.1 Short-term Disability ......................................................................... 5
5.6.2 Long-term Disability ......................................................................... 5
5.6.3 Payment of Premium Costs ............................................................... 5
5.6.4 Effective Date of Coverage ............................................................... 5
5.7 Section 125 Plans ........................................................................................... 5
5.7.1 Health Care Reimbursement .............................................................. 5
5.7.2 Dependent Care Reimbursement ....................................................... 5
5.8 Section 457 Deferred Compensation Plan ..................................................... 5
5.9 Retirement Plans ............................................................................................ 5
5.9.1 Optional Provisions Added ................................................................. 5
5.9.1.1 Survivor Allowance ................................................................ 6
5.9.1.2 Single-highest Year Compensation ......................................... 6
5.9.1.3 Military Service Credit ............................................................ 6
5.9.1.4 Sick Leave Service Credit ....................................................... 6
5.9.1.5 Retirement ]Enhancement Formula .......................................... 6
5.9.2 Employee Contributions to Retirement System .................................. 6
5.9.3 IRS Tax Exemption ............................................................................. 6
5.10 Education Expense Reimbursement Program ............................................... 6
5.10.1 Education Expense Reimbursement Amount .................................... 6
5.10.2 Qualifying for Education Expense Reimbursement Program ........... 6
5.10.3 Reimbursement Request .................................................................... 6
5.10.4 Repayment of Course Costs ............................................................... 7
5.11 Deceased Employee/Retiree Benefits ............................................................ 7
5.12 Payment of Unused Accumulated Sick Leave ............................................... 7
6
5.12.1 Accrued After 7/1/86 ......................................................................... 7
5.12.2 Payment of Unused Accumulated Sick Leave for Certain 7
Employees, Retroactive .....................................................................
Holidays ................................................................................................................... 7
6.1 Monday Through Friday Employees ............................................................. 7
6.2 Continuous Service Employees ..................................................................... 7
6.2.1 Battalion Chiefs ................................................................................. 8
6.2.1.1 Full-day Holidays ................................................................. 8
6.2.1.2 Half-day Holidays ................................................................ 8
6.2.2 Other Employees ............................................................................... 8
6.2.2.1 Full-day Holidays ................................................................. 8
6.2.2.2 Half-day Holidays ................................................................ 8
6.3 Paid Status Before and After a Holiday ......................................................... 8
6.4 Observed Full-day Holidays .......................................................................... 8
Page iii
City of South San Francisco
Public Safety Managers Compensation Plan
7
6.5 Observed Half-day Holidays .........................................................................
6.6 National Day ..................................................................................................
6.7 Days of Holiday Observation ........................................................................
6.8 Discretionary Holiday ....................................................................................
6.9 Holidays Worked for M-F Staff ....................................................................
Leaves ......................................................................................................................
7.1 Vacation Leave ..............................................................................................
7.1.1 Length of Continuous Service .............................................................
7.1.2 Vacation Maximum Accrual ...............................................................
7.1.3 Payment on Separation ........................................................................
7.1.4 Vacation Leave Compensation ...........................................................
7.1.5 Amount Used for Each Vacation Day ................................................. 10
7.2 Administrative Leave ..................................................................................... 10
7.2.1 Administrative Leave .......................................................................... 10
7.2.2 Supplemental Administrative Leave ................................................... 10
7.2.2.1 Qualifying for Supplemental Leave ....................................... 10
7.2.2.2 Recommending Supplemental Leave .................................... 10
7.2.2.3 Unused Supplemental Leave ................................................. 10
7.3 Non-industrial Sick Leave ............................................................................. 10
7.3.1 Accrual ................................................................................................ 11
7.3.1.1 Accrual Prior to 7/1/86 ......................................................... 11
7.3.2 Sick Leave Conversion ....................................................................... 11
7.3.3 Usage ................................................................................................... 11
7.3.3.1 Fire Shift Employees ............................................................ 11
7.3.4 Definition of a Separation from City Employment as a Result of a
Work-related Injury or Illness ............................................................. 11
7.3.5 Sick Leave Management Policy .......................................................... 11
7.3.5.1 Review Standard .................................................................... 11
7.4 Medical Appointment Leave ......................................................................... 11
7.5 Paid Family Care Leave ................................................................................. 11
7.5.1 Definition of Family Member for Paid Family Care Leave ................ 11
7.5.2 Eligibility for Paid Family Care Leave ............................................... 12
7.5.2.1 56-hour Employees .............................................................. 12
7.5.2.2 40-hour Employees .............................................................. 12
7.5.2.3 Elimination of Leave ............................................................ 12
7.5.3 Sick Leave as Family Care Leave ....................................................... 12
7.5.3.1 Definition of Family Member for Sick Leave as Family
Leave Purposes ..................................................................... 12
7.5.3.2 Leave Amount ...................................................................... 12
7.5.4 Concurrent Use of Leave .................................................................... 12
7.5.5 Leave Accounting ............................................................................... 12
7.6 Bereavement Leave ....................................................................................... 12
111
City of South San Francisco
Public Safety Managers Compensation Plan
Page iv
7.6.1 Definition of Family Member ............................................................. 12
7.6.2 Leave Within California ...................................................................... 13
7.6.3 Leave Outside California .................................................................... 13
7.7 Industrial Injury Leave .................................................................................. 13
7.8 Military Leave ............................................................................................... 13
7.9 Pregnancy Disability and Childcare Leave .................................................... 13
7.10 Disability Leave ............................................................................................. 13
7.10.1 Separate Employee from City ............................................................ 13
7.10.2 Leave of Absences ............................................................................. 13
7.10.3 90-day Qualification Period ............................................................... 13
8 Recreation Facilities and Programs ......................................................................... 14
8.1 Admission to Classes ..................................................................................... 14
8.2 Use of Facilities ............................................................................................. 14
9 Grievance Procedure ................................................................................................ 14
10 Disciplinary Action .................................................................................................. 14
11 Administration of Compensation Program .............................................................. 14
11.1 Full and Entire Agreement ............................................................................. 14
l !.2 Administration of Program ............................................................................ 14
11.3 Annual Meeting ............................................................................................. 14
12 Signatures ................................................................................................................. 15
Appendix A Public Safety Managers Classifications .............................................. 16
Appendix B Salary Adjustment ............................................................................... 17
Appendix C Side Letter of Agreement: Dental and Retiree Medical Benefits ........ 18
Appendix D Staff Report Appendix ........................................................................ 19
F:XFi~ C~binet~:BI~I~m~PSMkMOIJXPSM ~ 024)4 doe.doe
iv
Public Safety Managers Compensation Plan
This Public Safety Managers Compensation Plan sets forth those salaries, benefits, and terms and
conditions of employment for those employees in the Public Safety Managers Unit (hereafter,
referred to as "employee"), in effect for the period beginning January 1, 2002 and continuing
through December 31, 2004, and thereafter unless modified by the City Council. This
Agreement may be extended to December 31, 2007 as indicated in Side Letter C.
Ar cle 1. Public Safety Managers Defined
The Public Safety Management Employee Unit shall consist of all full-time regular employees in
the positions designated in Appendix A, which are included in the exempt service of the City of
South San Francisco, and also includes such classifications as may be added to this Unit by the
City at a later date.
Article 2. Salary
2.1 Increases ("Me Too" Clause): In order to ensure wage equity between the Public Safety
Managers and their subordinate employee.s, Fire Service Public Safety Managers shall
receive the same percentage wage increase provided to the Firefighters Association
(IAFF) employees between 1/1/02 and 12/31/04. Police Service Public Safety Managers
shall receive the same percentage wage increase provided to the Police Association (PA)
sworn employees between 1/1/02 and 12/31/04. These increases shall begin on the same
date that the respective Association employees receive their wage increases. Public
Safety Managers shall not be guaranteed these increases, however, if given to IAFF or
PA employee after 12/31/04 or if the City and the Unit have not reached an agreement on
a successor Compensation Plan prior to 1/1/05.
2.2 Classification Compaction: To ensure an adequate salary spread for the Police Service
Public Safety Managers, the top step of the salary schedule for the Police Lieutenant
classification, including all incentives, shall be no less than 15% above the top step of the
Police Sergeant classification, including all incentives. The Police Lieutenant and Police
Captain classifications shall maintain the same salary spread as currently in place.
2.3 Salary Schedule: Each Unit-covered position shall contain 5 pay steps. Individuals in
these positions may progress through the salary schedule based on satisfactory
performance, but no sooner than 6 months between steps 1 and 2, and 12 months between
steps 3, 4, and 5.
2.4 Temporary Assignment to Higher-level Positions: An employee assigned to the full scope
of the duties of a higher classification shall not be paid the salary of that higher
classification unless the employee serves in that capacity for 30-calendar days or more.
If this occurs, the employee shall receive the pay of the higher classification commencing
with the first day of said service. An employee so assigned must meet the minimum
qualifications for the position to which assigned.
City of South San Francisco
Public Safety Managers Compensation Plan
Page 2
Aracle 3. Other Pay
3.1 Longevity Pay: Public
3.2
Safety Management employees will receive an additional
compensation based on total years of full-time, regular employee City service, according
to the following schedule:
3.1.1 After 15 Years of Service: Each employee who has completed 15 years of service
shall have 1.5% increase in pay added to the employee's actual hourly rate of pay
for each hour in paid status.
3.1.2 After 20 Years of Service: In addition to 3.1.1 above, each employee who has
completed 20 years of service shall have an additional 1.0% increase in pay added
to the employee' s actual hourly rate of pay for each hour in paid status.
Extra Shift Pay: Employees in the Battalion Chief and Police Lieutenant classifications
are eligible to receive extra shift pay for working an extra work shift for which they are
not normally scheduled. This pay does not apply if the Battalion Chief only works a
partial extra shift and does not apply when a Battalion Chief or Lieutenant is required to
attend meetings or complete assignments outside his/her regular work schedule.
3.2.1 Qualifying Shifts: Extra shift pay is only for work as defined above beyond the
employee's normal work schedule and is not for hours needed to attend meetings
or complete assignments.
3.2.2 Compensation Amount: Battalion Chiefs will be compensated at 1.5 times what
would be their 56-hour per week hourly rate of pay for each hour of the full shift
worked. Police Lieutenants will be compensated at 1.5 times what would be their
40-hour per week hourly rate of pay for each hour of the shift worked. This pay
mayor may not be PERSable as determined by PERS.
3.2.3 Department Head Review: The respective Police Chief or Fire Chief, or their
respective designees, will have the absolute discretion to determine the specific
shifts that qualify for this program, with no appeal rights for the employee.
3.2.4 No Affect on Employee's Right to Overtime: The Unit understands and agrees that
the City's decision to pay Battalion Chiefs and Lieutenants extra shift pay does
not change these employees' status as being exempt from overtime under the Fair
labor Standards Act and does not entitle them to overtime under this
Compensation Plan or state or federal law.
4. Payment of Compensation
Each employee shall be compensated on a biweekly basis. Payment will normally be made on
the Thursday immediately following the conclusion of the City payroll period. Each payperiod
consists of 14-calendar days and begins on Friday, which is the first day of the payperiod and
ends on the Thursday the last day of the payperiod. Employees who are on continuous paid
regular service for a partial payperiod shall receive pro-rated compensation for the payperiod at
the rate of 1/80th of the employee's biweekly salary rate for each hour of the payperiod that the
Page 3
City of South San Francisco
Public Safety Managers Compensation Plan
employee was on continuous paid regular service. All 56-hour employees shall receive prorated
compensation for the payperiod at the rate of 1/112 of the employee's biweekly salary rate for
each hour of the payperiod that the employee was on continuous paid regular service.
5. Health and Welfare Benefit Plans
Full-time regular employees shall be eligible to receive insurance benefits, subject to the terms
and conditions of the City's contracts with health insurance providers, as follows:
5.1 Medical Insurance
5.1.1 Available Medical Plans: Eligible employees shall be permitted to select medical
insurance coverage for themselves and their eligible dependents from one of the
following HMO plans:
5.1.1.1 Kaiser Permanente Foundation Health "S" Plan.
5.1.1.2 Blue Shield.
5.1.2 Payment of Premium Costs: The City shall pay the premium cost for eligible
employees and their dependents to the insurance provider for the plan selected by
each employee.
5.1.3 Effective Date of Coverage: The effective date of health insurance shall be the
first of the month following the date of hire, .provided the employee properly
submits a completed enrollment form within 31 days of the eligibility date.
Coverage shall terminate at 12:00 midnight on the last day of the month in which
the employee is on paid status prior to separation from employment with the City.
5.1.4 Domestic Partner Coverage: Effective 9/1/02 domestic partner benefits, subject to
state and federal regulations and City requirements, are available to eligible
members.
5.1.5 Medical Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue health insurance coverage with one
of the City's plans, again, subject to the terms and conditions of the City's
contracts with its providers. The City shall continue to pay the premium costs for
the retiring employee only and the retiring employee shall bear the premium costs
for any dependents.
5.2 Dental Insurance:
5.2.1 Available Plan: Eligible employees and their dependents shall be provided dental
insurance through Delta Dental Plan of California - Progressive Plan.
5.2.2 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.2.3 Effective Date of Coverage: Coverage is effective on the first day of the month
following completion of 6 full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
month in which the employee is on paid status prior to separation from
employment with the City.
City of South San Francisco
Public Safety Managers Compensation Plan
Page 4
5.3
5.4
5.2.4 Dental Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue dental insurance for themselves and
eligible dependents under the City's group plan by paying for the premium
payments through the City. The employee will be completely responsible for
these payments and for continuing the insurance coverage.
Vision Insurance:
5.3.1 Available Plan: Eligible employees and their dependents shall be provided Vision
Insurance Plan - Plan "B" with a $10.00 deductible.
5.3.1.1 Tint Coverage: Effective 9/1/02, smoked-color eyeglasses coverage will
be-available for eligible employees and their dependents.
5.3.2 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
5.3.3 Effective Date of Coverage: Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
5.3.4 Vision Insurance for Employees Who Retire: An employee who retires on a
service, industrial disability, or non-industrial disability retirement from the City
shall be provided the opportunity to continue vision insurance for self and eligible
dependents under the City's group plan by paying for the premium payments
through the City. The employee will be completely responsible for these
payments and for continuing the insurance coverage.
Discretionary Benefit Option. An employee may elect to receive deferred compensation
monies in lieu of medical, dental, and vision benefits through the City.
5.4.1 Proof of Alternate Insurance: The employee must provide proof of alternate
medical insurance and will be held responsible for maintaining own medical
insurance benefits through the alternate source.
5.4.2 Method of Computation: The City shall determine the total premium dollars for
employees who are members of each of the City's medical plans, and then divide
it by the number of members to get the average medical cost. The dental and
vision composite rates will be added to the average medical cost. This total will
be the amount deposited in the employee's deferred compensation account in lieu
of the paid medical, dental, and vision benefits.
5.4.3 Exercising the Option: Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction a bona-fide need.
4
Page 5
City of South San Francisco
Public Safety Managers Compensation Plan
5.5
5.6
5.7
5.8
5.9
Life and Accidental Death and Dismemberment Insurance:
5.5.1 Term Life Value: The Term Life Insurance for employees has a face value equal
to 200% of the employee's annual base earnings, rounded to the next higher
multiple of $1,000, if not already a multiple of $1,000. The maximum amount of
term life insurance after an eligible employee's 70th birthday is $100,000.
5.5.2 AD&D Value: Accidental Death and Dismemberment Insurance available for
employees is in an amount equal to 200% of annual base earnings, rounded to the
next higher multiple of $1,000, if not already a multiple of $1,000. The maximum
amount of AD&D after an eligible employee's 70th birthday is $100,000.
5.5.3 Payment of Premium Costs: The City shall pay the premium costs for eligible
employees to the insurance provider.
5.5.4 Effective Date of Coverage: Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
Disability Insurance Program: Subject to the terms and conditions of the City's contract
with the provider, full-time employees shall be provided Short-term Disability (STD) and
Long-term Disability (LTD) insurance. If an eligible and covered employee becomes
disabled while insured, the provider will pay benefits according to the terms of the group
policy after receipt of satisfactory proof of loss.
5.6.1 Short-term Disability: After a 20-day waiting period, an eligible employee may
receive 66-2/3% of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount, until
LTD benefits begins.
5.6.2 Long-term Disability: After a 90-day waiting period, an eligible employee may
receive 66-2/3% of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount.
5.6.3 Payment of Premium Costs: The City shall pay the premium costs for medical,
dental, vision, and life insurance for eligible employees to the insurance
providers.
5.6.4 Effective Date of Coverage: Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
Section 125 Plan: Based on the terms and conditions of the City's plan, each employee
may participate in the IRS-defined Section 125 plan.
5.7.1 Health Care Reimbursement: This program is available for out-of-pocket
unreimbursed health care expenses as allowed under the Plan.
5.7.2 Dependent Care Reimbursement: This program is available for out-of-pocket
unreimbursed dependent care expenses as allowed under the Plan.
Section 457 Deferred Compensation Plan: Employees are eligible, subject to the terms
and conditions thereof, to participate in the Deferred Compensation Plans available to
City employees.
Retirement Plans: Eligible employees shall participate in the Public Employees'
Retirement System (PERS) Local Safety Members 2% at age 50 Formula.
5.9.1 Optional Provisions Added: Optional Public Agency provisions under the Public
City of South San Francisco
Public Safety Managers Compensation Plan
Page 6
5.10
Employees' Retirement System shall also be as set forth for the respective
specific police and fire units. They are generally as follows:
5.9.1.1 Survivor Allowance: 1959 Survivor Allowance as set forth in the Public
Employees' Retirement Law, third tier benefits.
5.9.1.2 Single-highest Year Compensation: One-year highest compensation as
set forth in Public Employees Retirement Law (PERL).
5.9.1.3 Military Service Credit: Military Service Credit as public service as
provided by law.
5.9.1.4 Sick Leave Credit Provision: Sick Leave Service Credit as set forth in
PERL.
5.9.1.5 Retirement Enhancement Formula: The 3% at age 50 retirement formula
will be provided for Public Safety Managers fire members, effective the
payperiod including 12/1/02, and for Public Safety Managers police
members, effective the payperiod including 1/1/03.
5.9.2 Employee Contributions to Retirement Systems: The rate prescribed by PERS for
Safety Employees is 9% of salary. The remainder of any rate that may be
subsequently prescribed by PERS for employee contributions, shall be deducted
from employees' pay by the City in accordance with the rules and regulations
governing such contributions.
5.9.3 IRS Tax Exemption: The City has obtained an 41414_2 exemption from the Internal
Revenue Service granting a deferral from federal withholding taxes of that portion
of the employees contribution to PERS that was at one time paid by the City. The
exemption is for all employees in the Unit. Employees are responsible for
individual PERS contributions and receive the 414(h)(2) exemption.
Education Expense Reimbursement Program: All full-time regular employees are eligible
to participate in this program.
5.10.1 Education Expense Reimbursement Amount: An employee who takes a course at
an accredited institution of learning shall be eligible to receive reimbursement of
50%, not to exceed $500 per fiscal year for the costs of tuition, fees, and course
materials. Reimbursement is made upon successful completion of the course and
submission of a grade C or better or pass designation, if it is a pass/fail course. In
order to qualify for reimbursement, the employee must do the following:
5.10.2 Qualifying for Education Expense Reimbursement Program: Prior to enrollment,
the employee must receive the written approval of the department head. The
employee will submit a description of the course and the request, briefly
describing the manner in which the employee believes the course may advance
the employee's career with the City and/or how the course is job-related. The
department head will make a determination to accept or reject the request.
5.10.3 Reimbursement Request: The employee must then submit a request
reimbursement to the City Manager, which includes the following:
5.10.3.1 A copy of the department head's written approval of the course.
5.10.3.2 A copy of the employee's grade for the course.
5.10.3.3 Receipts for all expenses related to the course with a total amount
requested for reimbursement.
Page 7
City of South San Francisco
Public Safety Managers Compensation Plan
5.11
5.12
5.10.4 Repayment for Course Costs: For every cumulative $500.00 of reimbursement for
educational expense that the employee receives, the employee must agree to
remain in City employment for an additional 12-month period. The employee
will be required to reimburse the City for the proportional amount of the
reimbursement received should the employee voluntarily separate from City
employment for any reason other than illness or injury before completing this
employment obligation.
Deceased Employee/Retiree Benefits: The City will allow the spouse of a deceased
employee/retiree to purchase insurance from a City-provided medical, dental, or vision
plan at the City's premium rate, provided:
· There is no cost to the City.
· The health provider does not require a City contribution.
· The City is held harmless if the coverage is discontinued.
Payment of Unused Accumulated Sick Leave:
5.12.1 Accrued After 7/1/86: Upon separation from City employment as a result of a
work-related injury or illness, full service retirement after 10 years of service,
retirement at age 50, or death, an employee shall be entitled to be paid half of the
employee's accumulated sick leave at the time of the event. In no case shall an
employee receive more than 600 hours (1/2 of 1,200 accrued hours) of paid sick
leave, regardless of any amounts credited on July 1986, for the period when the
90-day sick leave plan was in effect. Payment of unused sick leave shall be made
at the employee's actual hourly rate of pay. Battalion Chiefs who work a 56-hour
workweek will have their hourly rate convened to the 40-hour equivalent and
payment for excess sick leave pursuant to this provision shall be made at the 40-
hour rate.
5.12.2 Payment of Unused Accumulated Sick Leave for Certain Employees -
Retroactive: An employee who had accumulated unused sick leave as of 6/27/75,
under the discontinued sick leave accumulation plan, shall receive payment for
50% of the recorded hours, at the employee's discretion either within 60 days
from the date that this agreement goes into effect or upon the separation of the
employee from the City's employment at the employee's actual hourly rate of
pay. At the option of the employee, payment may be deferred to the first
payperiod of the calendar year immediately following the date Of separation. In
no case shall an employee receive more than 600 hours (1/2 of 1,200 accrued
hours) of paid sick leave, regardless of any amounts recorded as of 6/27/75 in
excess of 1,200 hours.
Anicle 6. Holidays
6.1 Monday-Friday Employees: All regular employees, who work a Monday through Friday
schedule shall receive time off for each City holiday, except as otherwise noted.
6.2 Continuous Service Employees:
City of South San Francisco
Public Safety Managers Compensation Plan
Page 8
6.2.1
6.2.2
6.3
6.4
6.5
6.6
6.7
Battalion Chiefs: Employees who work a 56-hour schedule shall receive holiday
compensation in lieu of paid time off as follows.
6.2.1.1 Full-day Holidays: An additional 10.7% of the biweekly wage rate for
which the employee would otherwise qualify for each payperiod in which
the authorized holidays as listed in this Section occurs.
6.2.1.2 Half-day Holidays: An additional 5.35% of the biweekly wage rate for
which the employee would otherwise qualify for each payperiod in which
the authorized holidays as listed in this Section occurs.
Other Employees: All other employees, who by nature of the assignment, and who
are unable to observe City holidays, shall be compensated for the authorized
holidays as described below.
6.2.2.1 Full-day Holidays: Eight hours of straight time pay for the holiday and
straight time for the hours worked.
6.2.2.2 Half-day Holidays: Four hours of straight time pay for the holiday and
straight time for the hours worked.
Paid Status Before and After a Holiday: Regular employees in paid status the
entire day before, as well as the entire day after a holiday is observed by the City,
shall be entitled to receive compensation for 8 hours of holiday time for each full-
day holiday and 4 hours of holiday time for each half-day holiday. Holiday time
shall be considered as hours worked.
Observed Full-day Holidays: The City observes the following holidays:
January 1 ................................................................... New Year's Day
Third Monday in January .......................................... Martin Luther King, Jr. Day
Third Monday in February ........................................ President' s Day
Last Monday in May ................................................. Memorial Day
July 4 ......................................................................... Independence Day
First Monday in September ....................................... Labor Day
Second Monday in October ...................................... Columbus Day Observed
November 11 ............................................................. Veteran's Day
Fourth Thursday in November .................................. Thanksgiving Day
Friday following Fourth Thursday in November ...... Day After Thanksgiving
December 25 ............................................................. Christmas Day
Observed Half-day Holidays: In addition, the City observes the following half-
day holidays:
December 24 ............................................................. Christmas Eve Day
December 31 ............................................................. New Year's Eve Day
National Day: In addition, the City may observe any other day of national
mourning or celebration, provided that it has been proclaimed by the City Council
and it directs the closure of the City offices for public service. Any such day shall
be granted only to those employees who are regularly scheduled to work on the
day for which such day is proclaimed.
Days of Holiday Observation: Holidays which fall on Sunday shall be observed
on the following Monday. Holidays falling on Saturday shall be observed on the
preceding Friday. Half-day holidays shall be observed on the workday
Page 9
City of South San Francisco
Public Safety Managers Compensation Plan
6.8
6.9
immediately proceeding the day upon which Christmas Day and New Year's Day
are observed.
Discretionary Holiday: Each full-time regular employee is eligible for one-full
day holiday, in addition to the holidays observed by the City. This holiday may
be taken before the last full payperiod prior to the end of each year. Any
employee who has not taken this holiday before the last full payperiod prior to the
end of each year will be paid for the unused holiday at the employee's actual
hourly rate of pay.
Holidays Worked for M-F Staff: Monday through Friday Police Lieutenants and
Battalion Chiefs, who would normally not work holidays, may actually work 6
additional 8-hour holidays each year for straight-time compensation. The
respective department head will determine specific holidays that qualify for this
program.
Article 7. Leaves
7.1 Vacation Leave: Each full-time regular employee shall earn and be granted vacation
leave in accordance with the following accrual schedule:
7.1.1. Length of Continuous Service Biweekly Accrual Rate
Start date through completion of 4th year ................. 4.62 hours
Fifth through 14t~ year .............................................. 6.16 hours
Fifteenth through 24th year ....................................... 7.69 hours
Twenty-fifth and succeeding years .......................... 9.23 hours
7.1.2 Vacation Maximum Accrual: An employee may accumulate up to 2 times annual
accrual rate as unused vacation and carry-over such accumulated vacation from
year to year. An employee who has accrued more than that amount will be
compensated for the excess in Januar~y of each year. Those employees who
request to exceed the maximum accrual amount without being paid for the excess
in January may only do so with the express written permission of the City
Manager. Employees do not earn vacation pay while they are on unpaid leave of
absence.
7.1.3 Payment on Separation: An employee who retires or separates from City
employment and who has accumulated unused vacation leave, shall be
compensated for all leave at the employee's actual hourly rate of pay at the date
of retirement or separation. Battalion Chiefs who work a 56-hour workweek will
have their hourly rate converted to the 40-hour equivalent and will be
compensated in pay at the 40-hour rate.
7.1.4 Vacation Leave Compensation: Employees who have scheduled a minimum of 2
workweeks of vacation during each calendar year shall be permitted to receive the
cash value of up to 48 hours of unused but accrued vacation. Requests for
payment of accrued vacation may be processed within 45 days of the scheduled
leave. Battalion Chiefs who work a 56-hour workweek will have their hourly rate
9
City of South San Francisco
Public Safety Managers Compensation Plan
Page 10
7.2
7.3
converted to a 40-hour equivalent and will be compensated in pay for unused
vacation leave at this rate.
7.1.5 Amount Used for Each Vacation Day: Battalion Chiefs who work a 56-hour
workweek will be charged 13.3 hours for every 24 hours off. All other employees
shall charge hour for hour.
Administrative Leave: Each full-time regular employee shall be entitled to receive
administrative leave in recognition of the City's expectation that members routinely and
consistently perform their position duties during times in excess of the normal 5-day, 40-
hour workweek. Battalion Chiefs who work a 56-hour workweek will be paid all
administrative leave at a 40-hour rate.
7.2.1 Administrative Leave: Administrative Leave of 40 hours per fiscal year shall be
accrued on July 1st of each fiscal year and may be taken in paid time off or
directly compensated at the employee's actual hourly rate of pay at the time
compensation is requested. A new employee shall be entitled to receive
administrative leave at the rate of 1.538 hours for each payperiod of employment
remaining in the fiscal year during which the employee was hired. Administrative
leave may not be carried forward from one fiscal year to the next and must be
used before the commencement of the last payperiod of the fiscal year.
7.2.2 Supplemental Administrative Leave: Employees are also eligible to receive up to
an additional 40 hours of administrative leave per fiscal year. It is recognized that
not all members of this Unit will satisfy the eligibility criteria and only those
satisfying the criteria may receive additional hours.
7.2.2.1 Qualifying for Supplemental Leave: To qualify for supplemental leave,
an employee must be required to work additional hours substantially in
excess of the customary workweek. The employee's department head
will make the determination as to whether an employee is "required to
work" additional hours. In making this determination, the department
head will distinguish between that which is typical versus that which is
extraordinary. Illustrative of the factors to be considered are the extent
to which an individual:
· Attends evening meetings and whether attendance is a recurring
obligation.
· Regularly performs City-related duties beyond usual working hours
in response from direction by department head or designee.
7.2.2.2 Recommending Supplemental Leave: Once a department head has
identified proposed supplemental hours, the recommendation shall be
submitted to the City Manager for approval.
7.2.2.3 Unused Supplemental Leave: Supplemental administrative leave earned
but not used may not be carded forward from one fiscal year to the next,
nor may unused hours be converted to compensation.
Non-industrial Sick Leave: An employee who is temporarily and/or partially disabled
from performing the full scope of the usual and customary duties of his/her classification
as the result of an injury or illness, which is not industrially caused, shall be eligible to
receive sick leave without loss of salary or benefits within the limits set forth below.
10
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City of South San Francisco
Public Safety Managers Compensation Plan
7.4
7.5
7.3.1 Accrual: Each employee will accrue sick leave at the rate of 8 hours per month.
7.3.1.1 Prior to 7/1/86: In additi6n, each employee in City service on 7/1/86 will
be credited with an amount of sick leave, which would have been accrued
during the period of the 90-day sick leave plan, including the deduction
for any usage should the employee voluntarily separate from City
employment for any reason other than illness or injury before completing
this employment obligation; 7/1/86. Family care, bereavement leave, and
medical appointment leave will not be counted.
7.3.2 Sick Leave Conversions: Effective 7/1/02, sick leave will not be converted at the
time of appointment to a Unit-covered classification or at any other time during
the employee's tenure in a Unit-covered classification.
7.3.3 Usage: All employees in the Unit will use sick leave on an hour-for-hour basis
with the exception as defined below.
7.3.3.1 Fire Shift Employees: 56-hour shift employees who miss work for sick
leave purposes for 8 or more consecutive calendar days will be charged for
40 hours of sick leave for each 7-day period of absence. Partial week
absences will be charged for each day absent at 8-hours per day.
7.3.4 Definition of a Separation from City Employment as a Result of a Work-related
Injury or Illness: A separation arising out of a work-related disability, which is of
a serious or life/threatening nature, that prohibits the employee from engaging in
his/her usual or customary occupation or a similar occupation, and which severely
limits the employee's mobility and ability to engage in productive and gainful
employment with or without reasonable accommodation.
7.3.5 Sick Leave Management Policy: The City's Sick Leave Management Policy
Administrative Instruction defines abuse of sick leave as the use of sick leave for
purposes other than illness or injury. Consistent with this policy, the monitoring,
management, maximum sick leave use, and reporting should conform to a general
City standard.
7.3.5.1 Review Standard: Those employees exceeding 56 hours or 7 occurrences
of sick leave per year will be subject to a review of sick leave usage.
Medical Appointment Leave: An employee may be granted up to 8 hours per year of
leave without loss of salary or benefits for the purpose of going to appointments with
medical doctors or dentists in instances where the employee is reasonably unable to
arrange for such appointments to occur during non-work time. This leave is limited to
the first 8 hours taken to attend medical appointments. All others hours taken for this
purpose will be charged to sick leave.
Paid Family Care Leave:
7.5.1 Definition of Family Member for Paid Family Care Leave: For the purposes of
Paid Family Care Leave, a family member shall include the employee's spouse,
child, mother, father, sister, brother, grandmother, grandfather, mother-in-law,
father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In
addition, the department head or designee may grant leave to an employee for
some other person (other then family member, as listed), if in the opinion of the
11
City of South San Francisco
Public Safety Managers Compensation Plan
Page 12
7.6
department head or designee, there exists or existed an extraordinary close
familial relationship between the employee and such other person.
7.5.2 Eligibility for Paid Family Care Leave: An employee may be granted up to a
maximum of 32 hours of paid leave during each calendar year.
7.5.2.1 56-Hour Employees: Effective the payperiod including 9/1/02, for 56-hour
employees, Paid Family Care Leave shall be 24 hours per year for the
purpose of obtaining medical consultation or treatment or for caring for an
injured or ill family member as defined above.
7.5.2.2 40-Hour Employees: Effective the payperiod including 9/1/02, for 40-hour
employees, Paid Family Care Leave shall be 16 hours per year for the
purpose of obtaining medical consultation or treatment or for caring for an
injured or ill family member as defined above.
7.5.2.3 Elimination of Leave--Effective the payperiod including 1/1/03, the
remaining hours of the Paid Family Care Leave for both 56-hour and 40-
hour employees will be eliminated.
7.5.3 Sick Leave as Family Care Leave: Employees accrue sick leave each year as
defined in the sick leave section of this agreement. In recognition of Labor Code
233, effective 1/1/00, employees are permitted to use up to half of their annual
sick leave accrual, in any calendar year, for the purpose of obtaining medical
consultation, treatment, or for caring of a sick family member as defined below.
7.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes:
A family member, as defined in Labor Code 233, shall include the
employee's spouse, child, mother, and father.
7.5.3.2 Leave Amount: The combined total of hours taken for family care
purposes pursuant to Labor Code section 233, including any leave used
from the Paid Family Care Leave provision as defined above, if eligible,
shall not exceed one-half of the employee's annual accrual of sick leave.
Sick leave for Family Care for all public safety manager employees is
taken at an hour-for-hour rate.
7.5.4 Concurrent Use of Leave: This leave may run concurrently with any family care
leave permitted under federal or state law.
7.5.5 Leave Accounting: The accounting for paid family care leave and sick leave as
family care shall be on a payroll calendar year basis, effective the payperiod
including January 1st of each year.
Bereavement Leave: An employee may be granted paid leave of absence upon the death
or for the funeral of a family member as defined below.
7.6.1 Definition of Family Member: For the purposes of Bereavement Leave a family
member shall include the employee's spouse, child, mother, father, sister, brother,
grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-
law, daughter-in-law, and son-in-law. In addition, the department head may grant
leave to an employee for some other person if, in the opinion of the department
head, there exists or existed an extraordinarily close familial relationship between
the employee and such other person.
12
Page 13
City of South San Francisco
Public Safety Managers Compensation Plan
7.7
7.8
7.9
7.10
7.6.2 Leave Within California: Employees working 40-hour workweeks may be granted
up to a maximum of 24 hours of bereavement leave, per occurrence, and
employees working 56-hour workweeks will be granted up to 2 shifts for the
death or for attending the funeral of a family member within California.
7.6.3 Leave Outside California: Employees working 40~hour workweeks may be
granted up to a maximum of 40 hours of bereavement leave, per occurrence, and
employees working 56-hour workweeks will be granted up to 3 shifts for the
death or for attending the funeral of a family member outside California.
Industrial Injury Leave: An employee who is temporarily and/or partially disabled from
performing work as a result of any injury or illness, which has been determined to be
industrially caused necessitating absence from work, shall be entitled to receive paid
injury leave without loss of salary or benefits as provided for in Labor Code Section 4850
and its related sections.
Military leave: Military leave shall be granted in accordance with the applicable federal
or state law.
Pregnancy Disability and Childcare Leave: Employees may be granted up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth or a child or
the placement of a child with an employee in connection with adoption. These leaves
may run concurrently with Pregnancy Disability, Family Medical Leave Act, or the
California Family Rights Act.
Disability Leave: After an employee qualifies for long-term disability insurance benefits
in accordance with the requirements of the City's policy, the City shall determine
whether to do the following:
7.10.1 Separate Employee from City: Separate the employee from his/her position if the
employee is unable to perform the essential functions of his/her job with or
without reasonable accommodation.
7.10.2 Leave of Absence: Grant the employee a leave of absence without pay for any
period up to 365 calendar days or a reasonable extension thereof if there is
medical documentation to support the fact that the employee should be able to
remm back to work to perform the essential functions of his/her job with or
without accommodation at the end of the leave of absence. If the City grants an
employee a leave of absence without pay for any period and the employee is
unable to resume work prior to or at the expiration of such leave, the City may
subsequently grant additional leave or separate the employee from City service.
An employee, who has been granted a leave of absence without pay, may request
and receive payment for any unused vacation accumulated by the employee. The
City will continue to pay medical, dental, and vision insurance premiums for a
disabled employee until the date upon which employee is separated from City
employment.
7.10.3 90-day Qualification Period: In cases where an employee has applied for and
qualified for long-term disability benefits, the City will not separate an employee
until the employee from City service until the 90-day qualification period has
expired, unless the City and the employee agree to an earlier separation date.
13
City of South San Francisco
Public Safety Managers Compensation Plan
Page 14
Article 8. Recreation Facilities and Program
8.1 Admission to Classes: All regular employees shall be entitled to free admission to City
recreation facilities and to free enrollment in up to 5 recreational classes during a 12-
month period. (Lab fees or ingredient fees not included.)
8.2 Use of Facilities: Employees using City recreation facilities and em'oiled in City
recreational classes shall engage in such activities on the employee's non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the rules and regulations established by the department responsible
for the program.
9. Grievance Procedure
Classified employees are eligible to invoke the Grievance Procedures as noted in the City of
South San Francisco Personnel Rules and Regulations Manual.
10. Disciplinary Action
The City shall take disciplinary action against a classified employee following the procedures set
forth in the City of South San Francisco Personnel Rules and Regulations Manual.
Ar ol 11. Administration of Compensation Prosr m
11.1 Full and Entire Agreement: Public Safety Managers Representation Unit Compensation
Program sets forth the full and entire compensation program for members of the group
and prior or existing agreements regarding these matters, whether formal or informal, are
hereby superceded or terminated in their entirety. In the event that the provisions of this
Compensation Program are found to be in conflict with a City rule, regulation, or
Agreement, the provisions of this Program shall prevail over such conflicting rule
regulation, or agreement.
11.2 Administration of Program: The City Manager through the Personnel Officer shall
administer the Compensation Program and may establish such pohcies, rules, and
regulations as are deemed appropriate to the effective administration of the Program.
Employees shall comply with such policies, rules, and regulations as estabhshed by the
City Manager, who shall be empowered for any purpose deemed by the City Manager to
be appropriate to the circumstances.
Annual Meeting: On a yearly basis, or more frequently if needed, and prior to making any
revisions to this Compensation Program, the City will meet with members o:[ the Public
Safety Managers Unit.
11.3
14
Page 15
City of South San Francisco
Public Safety Managers Compensation Plan
Article 12. Signatures
Except as amended herein and hereby, all terms and conditions of the Compensation Plan
between the City of South San Francisco and the Public Safety Managers as set forth originally
in the Plan for the period of January 1, 2002 through December 31, 2004 shall remain in full
force and effect for the contract term set forth herein.
Signed this ~/7 ~/t dayof ~6' ¢c~ ,20~Px,, by
For the City
/
Managers
F:~ile Cabinet',EEl~lationskPSlVIXMOlJ~PSM F'mal 02-04 doc.doc
15
City of South San Francisco
Public Safety Managers Compensation Plan
Page 16
Appenaix A
Public Safety Managers Classifications
Those classifications in the Public Safety Managers Unit are the following:
Deputy Fire Chief
Fire Battalion Chief
Fire Marshal
Police Captain
Police Lieutenant
16
Page 17
City of South San Francisco
Public Safety Managers Compensation Plan
Appendix B
Salary Adjustments
Salary increases are set forth below and shall be effective on the payperiod that includes
January 1st or July 1st, of each year depending on the department to which the Unit member
belongs. Salary rates shall be increased as outlined below.
A salary survey will be conducted for the respective fire Unit and the resultant percent increases
for firefighter classification will be reflected for all public safety fire members by mid-July 2002,
2003, and 2004 effective July 1st of each year. A salary survey will also be conducted for the
respective police Unit, and the resultant percent increases for the sergeant classification will be
reflected for all public safety police members effective January 1st of each year that a survey is
conducted between 1/1/02 and 12/31/04.
Classification 7/01 1/02 7/02 1/03 7/03 1/04
Battalion Chief ........................... 5.84% 0% TBD 0% TBD 0%
Deputy Fire Chief ........................5.84% 0% TBD 0% TBD 0%
Fire Marshall ............................. 5.84% 0% TBD 0% TBD 0%
Police Lieutenant ........................0% 4% 0% 4% 0% TBD
Police Captain ............................ 0% 4% 0% 4% 0% TBD
17
City of South San Francisco
Public Safety Managers Compensation Plan
Page 18
Appendix C
Side Letter of Agreement
Dental and Retiree Medical Benefits
C.1
C.2
Dental Coverage: The Unit requests to explore the feasibility of increasing dental
insurance benefits above the current $1,500 per year to match that of IAFF. This
modification, if accepted, would occur no later than 1/1/03. The criteria for this change
would be the changing of disability insurance carriers that would result in a significant
savings and a reduction in life insurance benefits. The savings would then be used to
fund the increase in dental insurance.
Retiree Spouse Medical Coverage: In the event that the City institutes a retiree spouse
medical plan for any other City unit, such plan will also be available for this Unit. The
City and the PSM Unit will meet to discuss the components of the plan, and if the PSM
Unit wishes to participate in the program under the same terms as the other unit, the
Public Safety Managers Agreement will be extended by an additional 3 years after its
original expiration date, through 12/31/07.
18
Page 19
City of South San Francisco
Public Safety Managers Compensation Plan
Appendix D
Staff Report
1. Agreement - Three-year agreement from U1/02 through 12/31/04 with a possible 3-year extension if
retiree spouse medical is added during the life of the agreement.
2. PERS Retirement enhancement - Include any retirement enhancements per for their respective public
safety units: implement Pre-retirement Optional Settlement 2 Death Benefit by 12/1/02 for fire members.
Provide 3 % at age 50 retirement benefit as per their respective public safety units: Police by the payperiod
including 1/1/03 and for fire by the payperiod including 12/1/02.
3. Compensation - Adjust salaries main for respective public safety units, effective 7/1 of each year for
COLAs and retroactive to 7/1 or 1/1 of each year depending on respecting public safety unit (police
normally 1/1; fire normally 7/1) for surveys. To ensure an adequate salary spread, the top step of the salary
schedule for the Police Lieutenant classification, including all incentives, shall be no less than 15% above
the top step of the Police Sergeant classification, including all incentives. The Police Lieutenant and the
Police Captain classifications shall maintain the same salary spread as in place now.
4. Paid Family Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the
payperiod including 9/1/02, and eliminating all paid family care leave with the payperiod beginning
1/1/03. 40-hour employees leaves are 16 hours beginning 9/1/02 and all are eliminated by 1/1/03.
5. Specialty Pay Program - establish a specialty pay program with specific criteria for Battalion Chiefs and
Police Lieutenants positions in which they may work extra shifts and be compensated at 1.5 times their
actual hourly rate of pay for those shifts. The respective department head will determine specific shifts
that qualify for this program.
6. Holiday Compensation - Monday through Friday Police Lieutenants and Battalion Chiefs, who would
normally not work holidays, may actually work additional 8-hour holidays each year for straight time
compensation as determined by their respective chiefs.
7. Domestic Partner Benefits - By 9/1/02, if there are no increases in direct costs and as provided by law, the
City will provide domestic partner benefits to this Unit.
8. Dental - provide for Side Letter to allow members to explore by 1/1/03 the possibility of modifying dental
benefits to that afforded IAFF members. In order to adjust for the costs of an enhanced dental program,
the entire unit must exchange short-term and long-term disability providers to the same provider as IAFF,
and must reduce or eliminate City-offered life insurance.
9. Vision Insurance - By 9/1, adjust vision benefits to provide for tint lenses.
10. Provide for Side Letter to add retiree spouse medical benefit. In the event the City institutes a retiree
spouse medical plan for any other City unit, such plan will also be available for the PSM unit. The City
and the PSM Unit will met to discuss the components of the plan, and if the PSM unit wishes to participate
in the program under the same terms as the other unit, the PSM MOU will then expire 3 years after its
original expiration date.
11. 2/4 Work Schedule -consistent with their direct reports for fire members.
12. Continue Uniform Allowance with adjustments as for their respective public safety units.
13. Language - modify language in the following areas:
· Add Sick Leave as Family Care Leave as required by law.
· Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law.
· Modify Sick Leave Management Plan.
· Modify Sick Leave Conversion, Vacation Conversion, and Sick Leave Charged.
· Adjust Bereavement Leave for consistency with respective units.
· Adjust MOU format, such as grouping like sections together.
19
StaffReport
DATE:
TO:
FROM:
SUBJECT:
October 23, 2002
Honorable Mayor and City Council
Jennifer A. Bower, Director of Human Resources
Agreement between the City of South San Francisco
Executive Management unit
and the South
San Francisco
RECOMMENDATION
Adopt a resolution authorizing the City Manager to sign an agreement extension with the South San
Francisco Executive Management unit. This unit consists of department heads and the Assistant City
Manager.
BACKGROUND
After concluding contract negotiations, an agreement has been reached on an extension to the current
contract. Based on Council's direction, a salary program has been agreed upon, as well as enhancements
to retirement benefits. The attached Exhibit summarizes the proposed salary and benefit changes. A
side letter agreement to the current Compensation Plan document will be prepared, subject to review and
approval of the City Attorney, which incorporates these agreed-upon terms and conditions of
employment.
By:
Dirges
City Manager
Attachments Exhibit A
JAB- I0/i 7/02
F:~ile CabinetkEERelationsXXmgmt\02',Final Resolution.doc
RESOLUTION NO.
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND
EXECUTE A SIDE LETTER AGREEMENT WITH THE SOUTH SAN FRANCISCO
EXECUTIVE MANAGEMENT UNIT TO EXTEND THE TERM OF THEIR
AGREEMENT WITH CITY THROUGH JUNE 30, 2006.
RECITALS
Whereas, the City of South San Francisco and the Executive Management Group have
reached tentative agreement on terms for an extension of their current agreement through June
30, 2006;
Whereas, the parties have agreed that those terms will be set forth in a Side Letter
Agreement to be prepared by the City Manager and subject to approval as to form by the City
Attorney;
Now, therefore, the City Council of the City of South San Francisco does hereby resolve
as follows:
The City Council hereby approves the terms set forth in Exhibit A attached hereto and
incorporated herein by reference and authorizes the City Manager to prepare and execute a Side
Letter Agreement between the South San Francisco Executive Management Unit and the City of
South San Francisco, subject to approval as to form by the City Attorney.
Effective Date.
This resolution shall become effective immediately upon adoption.
///
///
///
///
///
///
///
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
day of ,2002 bythe following vote:
AYE S:
NOES:
ABSTAIN:
ABSENT:
Executive Management Reso
ATTEST:
City Clerk
2
Exhibit A
Executive Management Salary and Benefits
1. Extend the current agreement by three years, ending 06/30/2006.
2. Modify retirement benefits to provide 2.7% retirement formula at age 55 benefit by the payperiod
including 12/31/03 by PERS or alternate retirement system.
3. Adjust compensation by standard comparison agencies total compensation salary survey in each
year of the extended agreement.
4. Eliminate paid family care leave by 12/31/03.
StaffReport
DATE: October 23, 2002
TO: Honorable Mayor and City Council
FROM: John Gibbs, Public Works Director
SUBJECT: EAST OF 101 SEWER MASTER PLAN
RECOMMENDATION:
IT IS RECOMMENDED THAT THE CITY COUNCIL ADOPT RESOLUTIONS TO: 1)
CERTIFY A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH SAN
FRANCISCO SEWER IMPROVEMENT PROGRAM; AND 2) APPROVE THE EAST
OF 101 SEWER SYSTEM MASTER PLAN AND ESTABLISH THE EAST OF 101 AREA
SEWER FACILITY DEVELOPMENT IMPACT FEE
BACKGROUND:
The City of South San Francisco has been spectacularly successful in transforming the East of
101 area from a declining industrial area into a world-renowned biochemical and pharmaceutical
R&D and manufacturing center. The City has recognized that this success has brought with it a
need to assure adequate infrastructure so that that the growing companies in the biotechnology
industry can remain competitive. The City's sewer system in the East of 101 area has been
identified as older and in need of replacement. This includes older pump stations and
underground sewer lines. Several major employers in the East of 101 area have expressed a
desire to expand current facilities, consistent with General Plan policies and buildout
expectations, but have not been able to do so because of the inadequate sewer service in this area
of the city.
In 1999, the City Council adopted the South San Francisco General Plan. The General Plan
indicated that an adequate and properly maintained wastewater system is an important part of the
City's environmental and public health protection responsibilities, and an essential infrastructure
component for any urban area. The General Plan also noted that varying degrees of maintenance and
upgrading would be necessary to accommodate new development. The General Plan policies include:
Staff Report
To:
From:
Subject:
Date:
Honorable Mayor and City Council
Public Works Director
East of 101 Sewer Master Plan
October 23, 2002
Page 2
Policy 5.3-1-4.
Ensure coordinated capital improvements with respect to the extent and
timing of growth.
Policy 5.3-I-5.
Ensure that future residents and businesses equitably share costs associated
with providing wastewater service to new development in South San
Francisco.
Policy 5.3-1-6.
Monitor industrial discharges to ensure that wastewater quality continues to
meet various federal, State, and regional standards; treatment costs should
remain affordable.
Policy 5.3-1-7.
Encourage new projects in East of 101 area that are likely to generate large
quantities of wastewater to lower treatment needs through recycling, pre-
treatment, or other means necessary.
General Plan Implementation and Project Description
In addition to completing the expansion to the Water Quality Control Plant (WQCP) last year,
the Public Works Department has been developing the South San Francisco Sewer Improvement
Program to upgrade older sewer lines in the East of 101 area. The Sewer Improvement Program
is intended to fulfill two objectives:
1)
To remediate existing infiltration and inflow (lfl) that has been occurring within the
City's sewer distribution system that results in inefficiencies in the operation of the Water
Quality Control Plant. When rainwater infiltrates older sewer pipes, the flow temporarily
exceeds the treatment capacity of the Plant. As a part of this program, improvements are
being proposed for the WQCP to allow for construction of a wet weather holding pond to
store treated effluent on a short-term basis until it can be discharged through the outfall.
2)
To upgrade or replace smaller, aging sewer pipes, sewer pump stations and other sewer
infrastructure components. Many pipes and infrastructure components are insufficient to
meet the demands of future development.
Project Location
The Sewer Improvement Program is sited in the eastern portion of South San Francisco, east of
US 101, described in the South San Francisco General Plan as the East of 101 area. The South
San Francisco General Plan identifies four Planning Sub-Areas that will be affected by the
project, including Oyster Point, Gateway, East of 101, and South Airport. (see Attachment 1:
Staff Report
To:
From:
Subject:
Date:
Page 3
Location Map).
DISCUSSION:
Honorable Mayor and City Council
Public Works Director
East of 101 Sewer Master Plan
October 23, 2002
East of Highway 101 Sewer System Master Plan
The East of 101 Sewer System Master Plan, prepared by Carollo Engineering, includes
improvements to the City's sewer system within and immediately adjacent to the East of 101 area.
The purpose of this effort is to replace older, leaking facilities with modem sanitary sewer lines and
related improvements to protect public health, safety and welfare. The Master Plan identifies projects
required to upgrade existing capacity and those projects that are required to serve new development
in the East of 101 area. The recommended improvements to service future development are based on
flow projections created by the engineers using a 2020 planning horizon and based on specific
industry projections and calculated flows. Per the Master Plan, industry wastewater flow projections
were provided by several firms in the East of 101 area, in response to a survey distributed by City
staff. Future development will occur in the East of 101 area, as a result of both new development
projects on currently vacant sites and conversion from existing industrial/warehouse uses to Office
and Office/Research and Development uses.
The Carollo Plan identifies a $21.36 million capital improvement program. Projects are listed on
Table 1 and are numbered 1 through 20 in the attached City of South San Francisco, East oflO1
Sewer Facility Development Impact Fee," prepared for the City by Bartle Wells Associates.
The East of 101 Sewer Facility Development Impact Fee
In conjunction with preparation of the Sewer Master Plan, the City prepared the "City of South San
Francisco, East of 10I Sewer Facility Development Impact Fee," report to comply with State
requirements under AB 1600. According to State's Government Code, the City must document a
reasonable relationship between new development and an impact fee for funding new development' s
fair share of sewer facility improvements in the East of 101 area. In general, the fee may not exceed
the cost of the facilities needed to accommodate the development paying the fee, and fee revenues
can only be used to fund construction of the identified improvements. The Government Code also
specifies accounting and reporting requirements for the use of fee revenues.
The Impact Fee Report documents that the East of 101 sewer facilities will be financed via a
California State Water Resources Control Board State Revolving Fund loan. Current users will pay
for their share of improvements through sewer rate increases introduced to the Council in June of
2002. Future users will pay for their share of improvements through this impact fee.
Staff Report
To:
From:
Subject:
Date:
Honorable Mayor and City Council
Public Works Director
East of 101 Sewer Master Plan
October 23, 2002
Page 4
At the August 21, 2002 City Council Public Hearing, Public Works staff introduced the cost
recovery and impact fee concept to the City Council. The East of 101 Sewer Facility
Development Impact Fee Report recommends a method of recovering the costs allocable to
future users. The Impact Fee is based on the expected development in the East of 101 area, the
projected need for additional sewer collection system capacity to serve the new development, the
improvements that must be constructed to provide the required capacity and the costs of the
improvements as analyzed in the East of Highway 101 Sewer System Master Plan. The
recommended fee is $3.19 per gallon per day of anticipated wastewater flow.
Project costs and capacity shares are now used to determine the impact fee as shown in the Table
4 from the Impact Fee report. The report indicates that future development's share of the costs of
master plan facilities, plan preparation and environmental review total $16.4 million. Costs
allocated to specific developments from Table 2 at $4.1 million are subtracted from this leaving a
balance of $12.4 million. The impact fee is then obtained by dividing this $12.4 million cost of
new capacity by the 3.9 mgd of capacity added. The recommended sewer collection system
impact fee is thus calculated as $3.19 per gallon per day of capacity required. This is equivalent
to $478 for the flow (150 gpd) from a single family dwelling unit.
New development projects will be required to pay the Sewer Facility Impact fee at the time a
building permit is obtained for the proposed project. The fee will be determined by the projected
capacity needs based on the proposed use and the square footage of development.
California Environmental Quality Act ("CEQA") Review
An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to analyze the
proposed South San Francisco Sewer Improvement Program and to assure compliance with the
California Environmental Quality Act. The document includes an assessment of potential
environmental impacts as set forth in the California Environmental Quality Act (CEQA)
guidelines and recommends a number of mitigation measures to reduce potential impacts to less-
than-significant levels. A copy of the Mitigated Negative Declaration is attached to the staff
report.
In accordance with CEQA, the IS/MND was made available for public comment for thirty days
starting on July 19, 2002 and ending August 19, 2002. The City received comments from the
U.S. Army Corps of Engineers, C/CAG (San Mateo County Association of Governments/Airport
Land Use Commission), State Office of Planning and Research, State Water Resources Control
Board, San Francisco Airport and the Federal Aviation Administration. The comments from the
responsible public agencies and interested parties and the City's responses have been
incorporated into the Mitigated Negative Declaration as the "Response to Comments to the Initial
Staff Report
To:
From:
Subject:
Date:
Honorable Mayor and City Council
Public Works Director
East of 101 Sewer Master Plan
October 23, 2002
Page 5
Study/Mitigated Negative Declaration" and attached to this staff report. The Initial
Study/Mitigated Negative Declaration concludes that the proposed project, with mitigation
measures, will not have a significant effect on the environment.
The text to the following mitigation measure has been modified to reflect comments from the
responsible agencies during the comment period:
Mitigation Measure 2:
a)
Prior to commencement of the Colma Creek bank stabilization portion of the project,
a qualified biologist shall prepare a Construction Management Plan to ensure that any
impacts to wetlands and special-status plant and animal species are minimized to the
fullest extent possible. The Plan shall include fencing of sensitive areas not part of the
project, limitations on work below the spring high tide elevation, and use of erosion
control techniques to minimize erosion into the Creek.
b)
Prior to commencement of any tunneling under Colma Creek, a preconstruction
survey shall be completed by a qualified biologist to ensure no sensitive plant or
animal species or habitats will be disturbed by tunnel construction activities. If
deemed necessary by the biologist, a Construction Management Plan shall be
prepared for this portion of the project that shall include, but not be limited to,
placement of construction fencing, restrictions on times of construction, restrictions
on placement of trench spoils, restrictions on construction staging areas and similar
features that would ensure any biological resources impacts would be less-than-
significant.
Necessary permits shall also be obtained from appropriate regulatory agencies.
The addition of subparagraph (b) in Mitigation Measure 2 merely clarifies the scope of
preconstmction review required for the Colma Creek project.
Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program has been prepared which summarizes the
mitigation measures contained in the Mitigated Negative Declaration, establishes time frames for
completion of each, and identifies the responsible agency or individual for completion of each
mitigation measure.
#7
1V~ m£
(see
· ~,~ ~' ~'~ ~ ~[ 24~ -.: (same scala)
~' '~ / 7 ~ " ~":~ ~ " . '
~, , .~ ; i ~:%,.':'~.-~.....:.'~ ,
.. ~..,, ~ ~ . . .~%.~ .... -~ :.-.-. .
..~ ~-., : ~ ~ .,' , - ~ .... :_..:....t .- ~' x"~
,,- ~ ~. ~ ...~ .~.~. ~ : ... ~:~ .... ..~... ~s ~ . O' ..
· ~ , ~,~ ' '~ ' X~ ,'~ ,~,~,', ' ~ '~ ,.' ,~ ' '. '.'.
'"_., ...... - ,.-- ......... ' , ,. ,. ..,:."~'.,. :;,:-. '...,~,
SOURCE: Oarollo Engineers, March 2002.
Exhibit 3
PROJECT LOCATION
Sewer, Forcemain, or Riprap
(see text)
Pump Station
Effluent Storage Pond
CITY OF SOUTH SAN FRANCISCO
SEWER UPGRADE PROGRAM
INITIAL STUDY
NOT
TO
SCALE
San
Francisco
Area shown in
Exhibit 3 -.~ o
Brisbane
So. San Francisco
Montara
SAN FRANCISCO
INTERNATIONAL
Millbme
Hillsborough
Mateo
:osterv ;~ ::
./?---
CITY OF SOUTH SAN FRANCISCO
SEWER UPGRADE PROGRAM
INITIAL STUDY
Exhibit 2
SITE CONTEXT
f 2 3 z
5 miles
RESOLUTION
CITY COUNCIL, CITY OF SOI_rI'H SAN FRANCISCO, STATE OF CAI JFORNIA
A RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION AND A MItiGATION MONITORING
PROGRAM FOR THE SEWER IMPROVEMENT PROGRAM
WHEREAS, the City has identified a need for upgrades and improvements to the
City's sewer system in the East of 101 Area ("Project"); and
WHEREAS, in July 2002, an Initial Study analyzing the potential environmental
impacts of implementing the Project, and a proposed Mitigated Negative Declaration
were prepared by the City in order to assure compliance with California Environmental
Quality Act (CEQA); and
WHEREAS, the Initial Study/Mitigated Negative Declaration includes an
assessment of potential environmental impacts as set forth in the California
Environmental Quality Act guidelines and recommends a number of mitigation measures
to reduce potential impacts to less-than-significant levels; and
WHEREAS, in accordance with CEQA, the proposed Mitigated Negative
Declaration, together with any comments received during the public review, must be
considered and approved prior to any approval of the Project; and
WHEREAS, in accordance with CEQA, the Initial Study/Mitigated Negative
Declaration was made available for public comment for thirty days starting on July 19,
2002 and ending August 19, 2002; and
WHEREAS, comments were received from the U.S. Army Corps of Engineers,
C/CAG (San Mateo County Association of Government / Airport Land Use
Commission), State Office of Planning and Research, and the State Water Resources
Control Board; and
WHEREAS, based upon comments received during the thirty-day period, staff
recommends minor revisions as shown in the draft Mitigated Negative Declaration,
attached hereto as Exhibit A; and
WHEREAS, the improvements identified in the 2002 Initial Study/Mitigated
Negative Declaration will undergo additional separate environmental review once the
improvements have been sufficiently engineered to identify their scope and potential
impacts; and
P. 12
WHEREAS, in accordance with CEQA, it is necessary to adopt a program for
reporting on or monitoring the changes necessary to mitigate or avoid significant
environmental effects.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
South San Francisco that:
1. Based on all evidence in the record, including the initial study and comments
received, the Council makes the following findings in support of the Mitigated Negative
Declaration:
A. That there is no substantial evidence the Project will have a
significant effect on the environment.
B. That the Mitigated Negative Declaration reflects the City's
independent judgment and analysis.
2. The Council approves and adopts the Mitigated Negative Declaration with
minor changes to mitigation measures as provided in Exhibit A.
3. The Council adopts a Mitigation Monitoring Program for the Sewer
Improvement Program, attached hereto as Exhibit B.
4. The Director of Pubhc Works shall keep a copy of all the documents and other
materials, which constitute the record of proceedings upon which this decision is based,
on file at 400 Grand Avenue, South San Francisco City Hall.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco, held on the day
of ,2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
P. 13
Initial Study/Mitigated Negative Declaration
SOUTH SAN FRANCISCO
SEWER IMPROVEMENT PROGRAM
RESPONSE TO COMMENTS
Lead Agency
City of South San Francisco
October 2002
P. 14
Table of Contents
Section 1 ............................................................................. Introduction
Section 2 ......................................................... State Clearing House Notice
Section 3 .............................. Letter and Comments From Responsible Agencies
Section 4 ............................................................... Response to Comments
Section 5 .................................................. Revisions to Mitigation Measures
P. 15
Introduction
In accordance with CEQA, the Initial Study/Mitigated Negative Declaration, South San
Francisco Sewer Improvement Program was made available for public comment for
thirty days starting on July 22, 2002 and ending August 20, 2002. The City received
comments from the U.S. Army Corps of Engineers, C/CAG (San Mateo County
Association of Governmems/Airport Land Use Commission), the State Office of
Planning and Research, State Water Resources Control Board, the San Francisco Airport
and the US Department of Transportation, Federal Aviation Administration.
The commems from the responsible public agencies and interested parties, the City's
response to each comment, and revisions to wording of mitigation measures have been
incorporated into the" Initial Study/Mitigated Negative Declaration, South San Francisco
Sewer Improvement Program, Response to Comments" and are considered to be part of
the Initial Study/Negative Declaration document.
P. 16
Gr~y D~vis
GO'~I: RlqOR
STATE OF CALII=ORNIA
Governor's Office of Planning and Kesear,ch:.:, '
State Clearinghouse
August 21, 2002
Barbara Hawkins
City of South San Francisco
315 Maple Avenue
San Marco, CA 94080
Subject: South San Francisco Sewer Up~ade Project
SCH#: .2002072064
Dear Barbara Hawkin~:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state
agencies that reviewed your document. The review period closed on August 20, 2002, and the comments
from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify
the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in
future correspondence so that we may respond promptly.
Please note that Section 21104(c) of the California Public Resources Code states that:
"A'i'espon~ible oi' other public agency shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your final environmental document. Should you need
more information or clarification of the enclosed comments, we recornmend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft
environmental documents, pursuant to the California Environmental Quality Act. Please contact the State
~ann,,nou~e at t~u) ~-061.~ if.you have an)' quesuons rcgardm~ the env:ro'nmenta! review process.
Sincerelyi
Director, State .Clearinghouse
Enclosures .....
cc: Resoui'ces Agency
1400 T~NTH STlq_EBT P.O. BOX 3044 SAC1LA. MENTO, CALIFOKNIA 95812-3044
916-445-o613 FAX 916-323-3018 www.opr.cmgov
P. 18
Documeni Details Report
State Clearinghouse Data Bas
SCH#
Project Title
Lead Agency
2002072064
South San Francisco Sewer Upgrade project
South San Francisco, City of
Type
Description
Neg Negative Declaration
Upgrades to existing sewer facilities, pump stations, minor creek Bank Stabilization and construction of
wet weather housing.
Lead Agency Contact
Name Barbara Hawkins
Agency City of South San Francisco
Phone 650-829-6651
email
Address 315 Maple Avenue City San Mateo
Fax
State CA
Zip 94080
Project Location
County san Mateo
City
Region
Cross Streets Varies
Parcel No.
Township Range
Sec~on
Base
Proximity to:
Highways 101/380
Airports SFO
Railways UP
Waterways SF Bay, Colma Creek
Schools
Land Use Primary Light Industrial and Office
Project Issues
Aesthetic/Visual; Agricultural Land; Air Quality; Arch,~eotogic-Historic; Forest Land/Fire Hazard; Flood
Plain/Flooding; Geologic/Seismic; Minerals; Noise; Public Services; Septic System; Soil
Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects
R e vie wing
AgenCies
Resources Agency; Department of Conservation; Department of Fish and Game, Region 3; Office of
Historic Preserca~i~n; Departmcnt cf Pa'rks~and-Recreatic,n; S.-.n Francisco Bay Conservation and
Development Commission; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans,
District 4; Department of Health Services; Integrated Waste Management Board; State Water
Resources Control Board, Division of Water Quality; Regional Water Quality Control Board. Region 2;
Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities
Commission; State Lands Commission; State Water Resources Control Board, Clean Water Program
Date Received 07/17/2002 Start of Review 07/22/2002 End of Review 08/20/2002
P. 19
Note: Blanks in data fields result from insufficient information provided by lead agency.
Gray Davis
GOV~RNOI~
Date:
To:
From:
Re:
Governor's Office of Planning and Research
State Clearinghouse
Memorandum
August 22, 2002
Barbara Hawk/ns
Gregoria Garcia, Project Analyst
SCH # 2002072064
South San Francisco Sewer Upgrade Project
Please consider this comment letter on-time pursuant to the closing period on 8/20/02.
For further information, please see attached copy of the NOC prepared by the Lead
Agency.
1400 T]iNTH STI~E]~T P.O. BOX 3044 SACI~MI~NTO~ CALIFORNIA 95812-3044
'916.-445-0613 i:AX 916-323-3018 www.opr.t-a.gov
Gray Davis
GOVEI~NOlk
STATE OF CALIFORNIA
Governor's Office of Planning and
State Clearinghouse
T~ Finney
August 22, 2002 ~s2xm m~cwox
Barbara Hawkins
City of South San Francisco
315 Maple Avenue
San Mateo, CA 94080
Subject: South San Francisco Sewer Up.adc Project
SCH#: 2002072064
Dear Barbara Haw~ns:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state
agencies that reviewed your document. The review period closed on August 20, 2002, and the comments
from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify
the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in
future correspondence so that we may respond promptly,
Please note that Section 21104(c) of the California Public Resources Code states that:
"A responsible or other public agency shall only make substantive comments regarding those
· activities involved in a project which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your final environmental document. Should you need
more information or clarification of the enclosed comments, we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft
environmental documents, pursuant to the California Environmental Quality Act. Please contact the'State
Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process.
Sincerely,
Director, State Clearinghouse
Enclosures
cc: Resources Agency
1400 TENTH STREET I'.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
9It5.-445-0613 FAX 916-323-3o18 www.opr, ca.gov
Document Details Report
State Clearinghouse Data Ba;
SCH#
Project Title
Lead Agency
Type
Description
2002072064
South San Francisco Sewer Upgrade Project
South San Francisco, City of
Neg Negative Declaration
Upgrades to existing sewer facilities, pump stations, minor creek Bank Stabilization and construction of
wet weather housing.
Lead Agency Contact
Name Barbara Hawkins
Agency City of South San Francisco
Phone 650-829-6651
email
Address 315 Maple Avenue City San Mateo
Project Location
County San Mateo
City
Region
Cross Streets Varies
Parcel No.
Township Range
Fax
State CA Zip 94O8O
Section
Base
Proximity to:
Highways 101/380
Airports SFO
Railways UP
Waterways SF Bay, Colma Creek
Schools
Land Use Primary Light Industrial and Office
Project Issues
Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic-Historic; Forest Land/Fire Hazard; Flood
Plain/Flooding; Geologic/Seismic; Minerals; Noise; Public Services; Septic System; Soil
Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects
Reviewing
Agencies
Resoumes Agency; Department of Conservation; Department of Fish and Game, Region 3; Office of
Historic Preservation; Department of Parks and Recreation; San Francisco Bay Conservation and
Development Commission; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans,
District 4; Department of Health Services; Integrated Waste Management Board; State Water
Resoumes Control Board, Division of Water Quality; Regional Water Quality Control Board, Region 2;
Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities
Commission; State Lands Commission; State Water' Resources Control Board, Clean Water Program
Date Received 07/17/2002 Start of Re view 07/22/2002 End of Review 08/20/2002
P. 22
Note: Blanks in data fields result from insufficient information provided by lead agency.
Letters And Comments From Responsible Agencies
Letter fi:om Edward A. Wylie, Chief, South Section,
Department of the Army, San Francisco District, Corps of Engineers
Letter from David F. Carbone, ALUC Staff, City/County Associations
of Governments of San Mateo County, C/CAG Airport Land Use Committee
Letter fi.om Dale R. Blount, Environmental Planner, Planning and
Environmental Affairs, San Francisco International Ah-port
Letter fi.om Joseph R. Rodriguez, Supervisor, Environmental Planning and
Compliance Section, US Department of Transportation, Federal Aviation
Admirfistration
Letter fi:om Jean Firmey, District Branch Chief, State of California Department of
Transportation, District 4
o
Letter fi:om James Hockenberry, Environmental Services Unit, State
Water Resources Control Board, Division of Clean Water Programs
Initial Study/Mitigated Negative Declaration, Response to Comments
South San Francisco Sewer Improvement Program, OcP. 2 42002
DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
SAN FRANCISCO, CALIFORNIA 941052197
Regulatory Branch
SUBJECT: File Number 27107S
Ms. Barbara Hawkins
City of South San Francisco
Engineering Department
315 Maple Avenue
South San Francisco, California 94083
Dear Ms. Hawkins:
Your request for comments on the proposed South San Francisco Sewer Improvement
Program project was received on July 23, 2002 by your notice dated July 17, 2002. The property
is located south of Oyster Point Boulevard, east of the U.S. 101 Freeway and north of the San
Bruno Canal in the City of South San Francisco, San Mateo County, CA. Upon review of the
plans received, construction may impact jurisdictional waters of the U.S.; therefore, the Corps of
Engineers may need to further review those portions of the project.
All proposed work and/or structures extending bayward or seaward of the line on shore
reached by: (1) mean high water (MHW) in tidal waters, or (2) ordinary highwater in non-tidal
waters designated as navigable waters of the United States, must be authorized by the Corps of
Engineers pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Additionally, all work and structures proposed in unfilled portions of the interior of diked areas
below former MHW must be authorized under Section 10 of the same statute.
All proposed discharges of dredged or fill material into waters of the United States must
be authorized by the Corps of Engineers pursuant to Section 404 of the Clean Water Act (CWA)
(33 U.S.C. 1344). Waters of the United States generally include tidal waters, lakes, ponds,
rivers, streams (including intermittent streams), and wetlands.
Your proposed work appears to be within our jurisdiction and a permit may be required.
Application for Corps authorization should be made to this office using the application form in
the enclosed pamphlet. To avoid delays it is essential that you enter the file number at the top of
this letter into Item No. 1. The application must include plans showing the location, extent and
character of the proposed activity, prepared in accordance with the requirements contained in this
pamphlet. You should note, in planning your work,'that upon receipt of a properly completed
application, and plans, it may be necessary to advertise the proposed work by issuing a public
notice for a period of 30 days.
P. 25
-2-
If an individual permit is required, it will be necessary for you to demonstrate to the
Corps that your proposed fill is necessary because there are no practicable alternatives, as
outlined in the U.S. Environmental Protection Agency's Section 404(b)(1) Guidelines. A copy is
enclosed to aid you in preparation of this alternative analysis.
Should you have any questions regarding this matter, please call Bob Quebedeaux of om'
Regulatory Branch at 415-977-8446. Please address all correspondence to the Regulatory Branch
and refer to the file number at the head of this letter.
Sincerely,
Edward A. Wylie
Chief, South Section
Enclosures
P. 26
WE WANT
T'O HELP YOU
DO ITT'
P. 27
Taking the rif~t steps ~ plaanin' g your p?gject can save youf~ne and
dot]ars. ~ you plan to work along the Shoreline, in V~-ettands hi areas behind
levees or in ~e water please contact the Array Corps of En=~n~erS. 7~-hy?
s~az~, is here to provide you information, guidance and assistance u a
Corps permk is required for your proposed work. Feel free to call us or drop us
aline:
Be!ova- are example activities requLH._n=~ a Cbrps permit.
her%re you be~in ~vork.
if Ln doubt, contact
overhead.
v~ire crossis_~
P. 28
-- jetties, braa!~vatars
underwater pipelines & cable
Scope of'.Corps Regulatory Jurisdiction
TIDAL. WATERS FRESH WATERS
Iii w;~ilands 6xisl
behindlevees), · , UPI.AND~ I SECTION 10
,.' · , SECTION'I0
' '~all slrUclures and W0d(: levee', dock, elc. '1 ~ ~ ~ .I lall slruclures and work
~. ~;. . ~... ~.'. ·
unliile'darea; bellind I '~ I ' '~ i ~1 liil waier6ourse is a navigable
leyees ~,l a,e. ':. . '1 ,
. ,-, · ~~, wa,., o, ,,,. u.s.I .
I1~~"r ......... ~ '~ ~'- ~
~( ~.~. · · ~- · . COASfAL
DOCIG i~,~...,._ ,,., 5.- _. -
SECTION 404
disposal of dredged or fill rnalerialSECTION 404
-. - disposal el dredged of fill material'
FREStl
WETLANDS
wilh salt
or brackish J
walel} o~'
High Tide
Line
i' WATER
SWAMPS
uA~HES
US Ai _11~/Colpl
d Englader~:
San Ffoxtcb(x) Dlalflcl
NOTE:
IN ADDITION'TO SECTIONS 10 AND 404 JURISDICTIONS,
THE CORPS REGULATES THE TRANSPORTATION OF
DREDGED MATERIAL FOR THE PURPOSE OF DISPOSING
INTO OCEAN WATERS (SECTION'103).
Regulatoi'y Functions Branch
U. S. Army Corps o! Eoui[IQm '
211 .Main Street
San Francisco, CA 9411~5
Waters of the United States
(Section 404 Clean Water Act)
Lake
.~ pm'
~ I'SOLATED
WATEflBODYIWETI~Id
WETLANDS "
WETLAHD6
BEttlND
TIDAL
'SLOUGH
_ ~ -" INTERMITTENT
NT
WET~NDS
OCean
USArmyCorps
of Engineers
Regulatory Bran ch
333 Market Street
San Francisco, Ca. 94105-219'7
A SPECIAL ,NO's'E
TO APPLICANTS
Advanced discussions, other agencies, alternatives analysis
Discuss your project
Potential applicants for Corps authorization
for work of any major impact are advised to
discuss their plans and permit procedures with a
member of the Regulatory Branch prior to sub-
mittal of an application. The Branch is located at
333 Market Street, San Francisco, on the eighth
floor. The telephone number is (415) 977-8462.
For work in Humboldt or Del Norte Counties,
you can also call our Eureka Resident Office at
(707) 443-0855.
Other permits required
An applicant requiring a Corps permit and
either a California Coastal Commission or San
Francisco Bay ConServation and Development
Commission approval must have an accepted
application file number from one of those State
agencies before an application to the Corps will
be accepted. This will expedite the permitting
process and allow for concurrent processing,
using the same information, by different agen-
cies. The applicant need not obtain the State
permit itself but must have an accepted applica-
tion before filing one with the Corps. The appli-
cants should also contact the appropriate Re-
gional Water Quality Control Board for a water
quality certification or a waiver thereof.
Discussion with other agencies
Applicants for permits for work which may
have mai or environmental impacts (such as place-
ment of fill or dredged material on wetlands or
other valuable aquatic areas) are advised that
such work will be thoroughly evaluated from the
standpoint of its environmental effects. In mak-
ing such evaluations the Corps gives full consider-
ation to comments provided by other interested
Federal and State agencies that have concerns in
the area of such impacts. Applicants who are
proposing this type of work are therefore strongly
urged to discuss their projects with the staff of
such agencies before finalizing their plans. Such
discussions will provide opportunities for the agen-
cies to make known their concerns and to suggest
features wtfich might be included in the proj eot to
reduce or alleviate environmental impacts. The
specific agencies which should be contacted are
listed on the back of this page. To aid the appli-
cant, the Corps hosts monthly Interagency meet-
ings to discuss and provide constructive com-
ments to proposed projects before formal appli-
cation is made. We encourage you to take advan-
tage of these informal meetings since we believe
that they will save time.
Alternatives Analysis
If your proposal involves the discharge of
dredge or fill material into the "Waters of the
United States" you must provide an alternatives
analysis to demonstrate there are no practicable
alternatives to the discharge. If the discharge is in
a"special aquatic site" (i.e.. Wetlands, mudflats,
vegetated shallows, and riffle and poo 1 complexes),
and your proj eot is not a water-dep endent project
it is presumed practicable alternatives exist. For
further details on alternatives analysis, please con-
tact us. ·
P. 31
State agencies
California RegionalWater Quality Control Board CRWQCB)
For certification and wast~ discharge requirments affecting water quality
North Coast Region San Francisco Bay Region
5550 Skyline Blvd., SuiteA 1515 Clay Street, Suite 1400
Santa Rosa, Ca. 95403 Oakland, Ca. 94612
707-576-2220 510-622-2300
Central Co~t Region
81 Higuera Street, #200
SanLuis Obispo, Ca. 93401
808-549-3147
California Department offish and Game For Streambed Alteration Agreements
Region 3. Region 1 Marine Resources Laboratory
P.O. Box47 P.O.Box 1480 411 Burgess Drive
Yountville, Ca. 96001 Retting, Ca. 96001 Menlo Park, Ca. 94025
707-944-5500 916-225-2300 415-326-0324
(for coastal work)
California State Lands
Commission
100 Howe Avenue, Suite 100-South
Sacramento, Ca. 95814
(pertrfits or lea~es on any state land)
San Francisco Bay Conservation
andDev_elopment Commission
30 Van Ness Avenue
San Francisco, Ca. 94102.
415-557-3686
(permits in the San Francisco Bay a~a)
I-Iumboldt Bay Harbor, Recreation &
Conservation District(I:IB~CD)
1~.O. Box 134
Eureka, Ca. 95501
707-443-0801
(p~mit~ for work in th= Humboldt Bay area)
California Coastal Commission(CCC)
Permits for work in the coas~l zone
North Coast Area Central Coast Area
45 Fremont Street, Suite 2000 701 Ocean Street, Room 300
San Francisco, Ca. 94105 Santa Cruz, Ca. 95060
415-904-5200 408426-7390
Federal Agencies
U.S. Environmental Protection Agency,
KegionIX
75 Hawthorne Street
San Francisco, Ca. 94105
415-744-1962
U.S. Fish and Wildlife Service
Sacramento Field Office (ES)
3310E1CaminoAve.
Sacramento, Ca. 95821
916-979-2710
National Marine Fisheries Service
Environmental Assessment Branch
777 SonomaAvenue, Koom 325
· Santa Kosa, Ca. 95404
70%575-6050
U.S. Coast Gusrd, 1 lth Dislzict
Coast Guard Island, Building 50-6
Alamexta, Ca. 94501- 5100
Office of aids to navigation (OAN)
415-437-2982
Marine Environmental Protection (DPL)
415-437-3514
P. 32
Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers.
Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency,
company, corporation or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the application.
If more space is needed, attach an extra sheet of paper marked Block 6.
Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal
business hours.
Blocks 8 through 1 1. To be completed if you choose to have an agent.
Block 8. Authorized Agent's Name and Title. indicate name of individual or agency, designated by you, to represent
you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or organization.
Note: An agent is no._}t required.
Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent,
along with the telephone number where he/she can be reached during normal business hours.
Block 11. Statement of Authorization. To be completed by applicant if an agent is to be employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project (i.e., Landmark
Plaza, Burned Hills Subdivision or Edsall Commercial Center).
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other waterway to be directly
impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site having a ~treet address (not a
box number), please enter here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed project is located. If more
space is required, please attach a sheet with the necessary information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township and Range of the site and/or the
latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract
numbers or you may choose to locate the proposed project site from a known point (such as the right descending
bank of Smith Creek, one mile down from the Highway 14 bridge). If a large river or stream, include the river mile of
the proposed project site if known.
Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway
and street numbers as well as names. Also provide distances from known locations and any other information that
would assist in locating the site.
Block 18. Nature of Activity. Descdbe the overall activity or project. Give appropriate dimensions of structures such
as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved.
Also, identify any structure to be constructed on a fill,, piles or float supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you
wish to do. If more space is needed, attach an extra sheet of paper marked Block 18.
P. 33
Block 19. Proposed Project 'PuL ,e. Describe the purpose and need for the pr~ sed project. What will it be used for
and why? Aisc include a brief description of any related activities to be developed as the result of the proposed project.
Give the approximate dates you plan to both begin and complete all work.
Block 20. Reason(s) for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or
other waterbody, including the temporary placement of material, explain the specific purpose of the placement cf the
material (such as erosion control).
Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the
material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this
description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22. Surface Areas of Wetlands or Other Waters Filled. Descdbe the area to be filled at each location.
Specifically identify the surface areas, or part thereof, to be filled. Aisc include the means by which the discharge is to be
done (backhoe, dragline, etc.). If dredged material is to be d~scharged on an upland site, identify the site and the steps to
be taken (if necessary~) to prevent runoff from the dredged matedal back into a waterbody. If more space is needed, attach
an extra sheet of paper marked Block 22.
Block 23. Is Any Portion ofthe Work Already Complete? Provide any background on any part of the proposed project
already completed. Descdbe the area already developed, structures completed,, any dredged or fill material already
discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square
feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24. Names and Addresses of Adjoining P. roperty Owners, LeSsees, etc., Whose Property Adjoins the
Project Site. List complete names and full mailing addresses of the adjacent property owners (public and private) lessees,
etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that they may be notified of
the proposed activity. (usually by public notice). If more space is needed, attach an extra sheet of paper marked Block 24.
Information regarding adjacent landowners is usually available through the office of the tax assessor in the
county of counties where the project is to be developed.
Block 25. Information about'Approvals or Denials by Other Agencies. You may need the approval of other Federal,
state or local agencies for your project, identify any applications you have submitted and the status, if any (approved or
denied) of each application. You need not have obtained all other permits before applying for a Corps permit.
Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party
(agent). This signature shall be an affirmation that the party applying for the permit possesses the requisite property rights
to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).
DRAWINGS AND ILLUSTRATIONS
General Information.
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings
are identified as a Vicinity Map, a Plan View o...[r a Typical Cross-Section Map. Identify each illustration with a figure
or attachment number.
Please submit one original, or good quality copy, of all drawings on 8 I/2xl 1 inch plain white paper (tracing paper or
film may be substituted). Use the fewest number of sheets necessary for your drawings or illustretions.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or
cross-section). While illustrations need not be professional (many small, private project illustrations are prepared by
hand), they should be clear, accurate and contain all necessary information.
P. 34
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL ND, 0710-O003
(33 CF'~ 325) I Expires June 30. :2000
The ~bllc burden ~or ~is collection of mforma~on is ~mated to average 10 hours ~er respond, although ~e majofi~ of applications ~ould require
5 hours or te~. This includes the time for renewing in,ructions, ~arching exi~ng ~ ~urces, gathedng and ~aintaining ~e data needed, and
completing'and re~ewino the collection of info~e~on. Send comments regarding this burden e~ma~e or any o~her a~ect of this collection of
info~afion, including sugge~ons for reducin~ ~is burden, to Depa~men~ of Defend, Washington Headquarters Set,ce Direc~rate of Info,aliGn
.Operations and Repo~s, 1215 Jeffer~n Da~s Highway, SuAe 1204, Afling~n, VA Z2202~02~ and ~o the Office of Managemen= and Budget. '
Pape~ork Reduction ~oject (0710-0003), Wa~ington, DC 20503. Re~ondents ~ouid be aware that no~ith~and~ng any other pro~sion of law,
no per~n shall be subje~ to any penal~ for failing to comply wJ~'a collection of information if it does not display a currently valid OMB control
number. Plea~ DO NOT R~URN your fo~ ~o either of tho~ addres~s. ~mpleted appiica~ons mu~ be submi~ed ~o the Di~ict Engineer having
jurisdiction over the Ioca~on of the pmpo~d a~v~.
PRIVACY ACT STATIST
Amhofities: ~rs and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC ~3~; Marine ~o~ection, Re.arch and
San~uaries Ac~, 33 USC 1413, Section 103. Principal Purpo~: Informa~on provided on ~is form will be u~d in evalua~ng the application for a
permit. Routine U~s: This information may be shared w~h the Depa~ent of Ju~ice an~ other federal, ~te, and local government agencies.
Submission of reque~ed info~a~ion is volun=~, however, if information is not provided the pe~i~ application ~nnot be evaluated nor can a permN
be i~ed. One ~t of origi~l drawings or good reproducible copies which ~ow the Ioca~on and c~racter of ~e proposal ac~ivi~ mu~ be a~che~
to this application I~e ~mple drawings and in,motions) and be ~bmi~ed to the Di~rict ~gineer having jurisdiction over ~he Ioca~on of the propo~d
ac=iviW. An appli~ion that is no~ completed in full w~] be returned.
1. APPLICATION NO:
(iTEMS I THRU ,~ TO BE. FiL£ED BY THE CORPS)
2. FIELD OFFICE CODE 3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
5. APPLICANT'S NAME
(ITEMS BELOW TO BE FILLED BY APPLICANT)
8. AUTHORIZED AGENT'S NAME AND TITLE
6. APPLICANT'S ADDRESS
9. AGENT'S ADDRESS
7. APPLICANT'S PHONE NOS. W/AREA CODE
a, Residence
b. Business
11.
hereby authorize,
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence
b. Business
STATEMENT OF AUTHORIZATION
to act in my behalf as my agent in the processing of this application and to
furnish, upon reque~, supplemental information in suppor~ of this permit application.
APPLICANT'S SIGNATURE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12.. PROJECT NAME OR TITLE I~ ir~ru=t~n=!
DATE
13. NAME OF WATERBODY, IF KNOWN
14. PROJECT STREET ADDRESS
1E. LOCATION OF PROJECT
C 0 U NTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN,
17. DIRECTIONS TO THE SITE
ENG FORM 4345, Jul 97
EDITION OF FEB 94. IS OBSOLETE.
;P. 35
(Proponent: CECW-OR)
18. Nature of Activity
20. Reason(s) for Discharge
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
22.. Surface Area in Acres of Wetlands or Other Waters Filled I=e==~uc=f=ns)
23. Is Any Portion of the Work Already Complete? Yes No
IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplementsl list).
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
*Would include but is no'~ restricted to zoning, building and flood plain permits
26.. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be sign;d by the person who desires to undertake the proposed acti,~ity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any raise, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
P. 36
US Army Corps
of Engineers
San Francis~ District
tIEGULATORY BF, A-NCH
REVIEW OF PE1RNI/T API~LICA, TION FORMS
· This is a review checklist for Corps of Enginee~ts use only. It is not a part of thc pcmait applicahon- A. blank.copy is
in¢lud~ with your permit application to illustmt~ the way your l~'mit application is r~vicwed for complcamcs$ as well
as to asaist you in insuring your permit application is complete. Do not submit this ch~cldist with your initial permit
application.
The purpose of~his che~Jdist i~ ;o IDENTIFY A.ND EXPLAIN .~T.L ITEMS NEEDED TO IN1TIATE T'HE
PER.M/T APPLICATION PROCESS. Th: San Fmucisco District r~c~iv:s a large number of pm-mit applications to
revi~v for completing. The iaitizl scre:a~ug is int~nd:d to be a briafpr~:~ss, so it is important to have all ~:quirect
informationcl:arauda¢ccssiblcforquick:val,,~iontod~ermi-¢comple, teness. Onc~apcrmitapplication is r~=ived
it is assigned to a PP, O JECT MANAGER, who is the applicaut's prirrmry point of contact dmiug the p~rmit application
proo:ss.Th¢ San Francisco District aims ~o rn~h-a;~, delays during thc cvalu~on of permit applications.
Ifyour permit application lacks essential information, or ifit appears deft cient or not clearly understandable, thc permit
application may be rcmm~d to you with thc rni~ing or in.mf~ ci~nt irons idmtiS~ and cxptain~cI briefly. ~ should
provide you with a clear indication of additionalinfo~on r~quired to insure your permit application is complcm and
allow you to revise your permit application and resubmit it lo the Corps
l. fyouhav~z question concea-~;,,g completion o£arcunn~ pea'mit application, pica.sc caIlth~ projectn~=n=Ecr assigned
to your l~rmit application.
1°.37
TEMPORARY FILE NO,:
DATE:
L PERMIT APPLICATION INFORMATION
!~ by P~mit Application l~phl~ (]~P. I14f-~-l) or by 33 ~ 320. OK N3A NEED
of adjo~-i~S prol~ny ova:=
BASIC PP. OIBCT INFOkM_ATION
C~n:i.~ s~r-~r for ~ af ~h~ foll~
4. ~ snd ne~d of~mi~z
F. 38
" DRAVFfNGS FOR CORPS' PUBLIC
(=) '%Vs.T.m' li.~.~. T~i~n-~ ~.l~v"~ion ofv,~t~r-
Iin~. Bo~ should or.lay thc proj~r_
· MILW (m~ low= Iow w-~mr) -
· lvJ:HW (mmn I,~ -~-~=)_
OK ~UA hEED
· OHW (or~-~,7 ~ wamr) - for
no~-~dzl s'm:szm and pomis
'~prapos~" or "Corps
incii~
- Dr~d~ ar~s
· Dk~posal =ess
· Stockpiling areas
· WorldSta~n~.quipment ar~as
(or ott=r m~s of ---parmy ~xmhan::.)
2
P. 39
H. DRAVFINGS FOR PU]~LIC NOTICE (c.x~'r~)
OK N/A N~-
i
II
3
P. 40
,' TTT "'"IRISDICTIONAL AND COlYfPLIAN~ I%IFORMATION
· Juri~iic'tionat Delineation -
di.s-tin~g Section 10 zmd
S/c'tion 404. [se~ (:2) below]
- Proposed (pom-projec0conditiom'
(d) pt~ ~ of all m~ ~a sW~.-
(e) .C~-~icm.~ of'ali ~llc and sl:m~ -
(a) FOR TIDAL ~ -
· Me. au high w~er elevation and
boundary. ( OlqI.YNOX;D ~r/vlLLW
AS DATUM,)
- ]~h tide rme elevation and
boundary. (ONLYNGVD = MLLW
AS DA'mM -9
FOR NON-TIDAL ARF_AS '
- Sm and Riv~:
-Ponds:
(c) FOP. TIDAL AND NON-TIDAL WETLA.NDS -
P~ ~ ~ ~ on ~ Corps
l~'~,-,~l for W_~l~,,d
4
P. 41
IV. DP. EnGI~G PROa'E _C~'~
1. Sim P~ (scal~ of I' = 100') de~i~,ig proje~ ~
For -,,~ry large proj~s a scal~ ofl" -- 200" is ~I~
6. For ca~.~m~ proj~:
V. FA _ru'LTTATING DO~
5
P. 42
6. EIK ~,~ir' (S~-~- CEOA~ - or N~
~aa ar land us~ plami~ ~.
7. Ei~ Dou~,a.,t (F~t~wal NEPA)
9. S~ of'~. Senshi~ mEn&,.,'a~'~ Slxci~s
on or ~ar'~ projo= si~ (s=~ or i=h~ tisr. s).
10. Cuhm-~l I~m~'~Hc Prop~
.~ ~'~e~ ..... ,,t
· 11. R.~alt. s'ofsm'rraEn~ and t~stin~ ~ p~r PH 93-2
1991 ~Bookas appropria~ (i~.sins proj~===
145 - 2 -I
United States Army Corps of Engineers
Reg u'ia'to ry
Program
Applicant Information
P. 43
This Pamp~,,~ Supersedes EP 1145 -2-I, November 1977
INTRODUCTION
This pamphlet is designed to assist you
in applying for a Department of the
A,rrny permit from the Corps of
Engineers. The pamphlet is not
intended to be a complete description of
all aspects of the permit program, but'
will provide general information of a
non-technical nature and specific
guidance on how to complete a permit
application. Full explanation of the
program may be found in 'l-rtie 33 Code
of Federal Regulation, Parts 320.
through 330. These regulations are
available for review at the Corps of
Engineers District offices listed at the
back of this pamphlet. Answers to
technical questions and detailed
information about special aspects of the
program that pertain to your
geographical area and your proposed
activity may also be obtained from
Corps of Engineers District offices.
John F. Wall
Major Genera[, USA
Director of Civil Work
P. 44
Page
General Information ............................................... 2
^u:horfty for the Regulatory Program ................................. 2
Explanation Of Some Commonly Used Terms.: ...... '._ .......... ............ ' 3'
Que.~ons That Are Frequentiy Asked ................................. 4
The Permit Application ........................ : ............ . ....... 6
General .................. ' ........................ ' .............. 6
TypicaJ P~ng Procedure for a S"~ndard Individual Perr~ .............. 7
EvaJuation Factors · 8
Forms and Permits ................................................ ~
Drawings. ' '~4
Genera] Information .............................................. 14
V c r yMap ............. · .......................................
Plan V'~w ...................................................... 14
Elevation and/or Cross Section View ................................ '.. 15
Notes on Drawings ............................................... 15
,Sample Dr'~ngs ~ ............................................... 16
Divisions and DL~b;~.L~ for Regulatory Activities (Map) .................... 18
P. 45
2
Authority for the Regulatory
Program
The U.S. Army Corps of Engineers has
been regulating activi~ ih the nation's
wa~ers since 1890. Urrlil the 1960's the pti-
msry purpose of the regulatory program .was
to prote~ nav~g~on. Since 1ben, as a resutt
of laws and cour~ decLsions, the program
has been broadened so 1bat it now co.id-
ers the. ~u[I publb interes~ for both the pro-
tection and util~zation of wster resources.
The regulatory suthor~es a.nd respor~biti-
l~es of the Corps of Engineers are based on
the fo[lowing [aw~.
[] Section 10 of the Rivers and Harbors
Act o~ 1899 (33 U.S.C. 403) prohiDits .
the obsl3-u~on or a~erstion of n~vigable
~¢vaters of tt~e Unitc=,d States without a
permit ~Tom the Corps of Engineers.
~ Section 404 of the Clean Water Act
(33 U.$.C. 134.4). Section 301 of this
Act prohib~ the discharge of dredged
or fill materiaJ into wate~ of the Un~..~J
df Engineers.
[] Section 103 of the Marine Protectio~
Researctt, and Sanm~aries Act of
1972, as amended (33 U.S.C. 1413)
authorizes the Corps of Engineers to
issue permi!s for the l~'~pori~on of
dredged matefi~ for the purpose of
dumping it ir~to ocean v~ers.
Other Jaws rrray aJso affect .the processing of
appiicsl~ons for Corps of Engineers perm..
Among these are the N~onaJ Environmen-
taJ Poiicy Act, the CoastaJ Zone Manage-
ment Act, the F~h and Wild[fie Coordins1~on
AcC, the Endangered Speci~ Act, the
NationaJ Historic Pm_eerva~on Act, the
w'a~.er Port AcC, the Federa] Power A-~, the
Marine Mammal Protection Act, the Wild
and Scenic Rivers Act, and the NstJonaJ
Fishing =nhancement Act of 1984.
P.~6
3
Explanation of
Come Commonly U~ecl Terms
Cer~in terms which are closely associated
with the regulatory program are explained
briefly io this section. If you need more
detailed definitions, refer to the Code of
Federal Regulations (33 CFR Parts 320
through 330) or conl~ct ~ Corps district
regu~ory office.
Acfivity(ies) as used in this pamphlet
includes structures (for example a pier,
wharf, bulkhead, or jetty) and work (which
includes dredging, disposal of dredg~
materiaJ, filling, excavation or other
moo"r~ca~on of a navigable ycaZer of the
United Stmes).
Navigable Waters of the United Stat~s are
those waZers of the United S1~es that are
subject to the ebb and flow of. the tide
shoreward to the me. an high water ma~
a~d/or are presently used, or have been
used in the.past or may be susceptible to
~ to ~rt interstaZe or foreign com-
merce. These are wa~ers that are r~avigabie
in the traoTdo, naJ ser~e where perm~ are
required for certain activities pursuant to
Section 10 of the Rivers and Ha~ors Act.
This term should not be confused with ~
term ~ of ~e Urz~d ~Zaz~.s below.
Waters of the United Stat.es is a broader
term than navigable v,-aters of ~he United
States deSned above, lrctuded are adjacem
wetia~, ds and tributaries to navigable waters
of the United Sta~s and other waters where
the degradation or destruction of which
could affect interstaZe or foreign commerce.
. These are the waters where permits are
required for the discharge of dredged or fill
ma~edaJ pursuant to Section 404 of the
Clea.~ Water Act.
Pre-application Consultation is one or
more meelJngs between members of the
district engineer's staff and an appiicant and
his agent or his consultant A pre-appScation
consuitalJon is usuaJfy re,.ted to appiica~ons
?.~17
for major actMties a~d may involve discus-
sion of ~tterr~ves, envimnmen~
meres, NationaJ EnvironmentaJ Policy Act.
procedures, and development of the scope
of the'data required when an environmentaJ
impact statement is required.
Public H~ may be held to acquire
information and give the public the opportu-
nity to present views end opinions. The
Corps may hold a hearing or pa~icipate in
joim public hearings with other FederaJ or
state agencies. The d~rict engineer may
specify in the pubIic notice that a hearin_~
w~'ll be. held. tn addition, any person
request in writing during the comment'
period that a hearing be haiti. Specific
reasons must be given as to the need for a
hearing. The district engineer may attempt
to resotve the issue informafly or he may set.'
the dine for a pubiic hearing. Hearings are
held ~t times and' places that are convenient
for the interested public. Very few applica-
tJo~ involve a pubIic hearing.
The Public b~terest Review is the term
which refers to the evaJ~on of a proposed
activity to determine probable impacts.
Expected benef~ are baJanced against
reasonably foreseeable de, merits. A[I rele-
vant factors are weighed. Corps policy is to
provide applicants with a lJmefy a. nd care-
fulty weighed decision which reflects the
public interest.
Pubiic No, ce is the primary method of
adv~ng interested public agencies and
private parties of the proposed actMty and
of soiic'rting comments and information
necessa~7 to evaJuate the probable impact
on the pubiic interest. Upon request, any-
one's name will be added to the dis~ibution
list to rece'rve pubiic nol~ces.
Waterbody is a river, creek, s13'eam, lake,
pool, bay, welJand, marsh, swamp, tidal
ocean, or other water area.
4
Questions That Are
Frequently Asked
Various qu~ions are often asked about the
regu~tory program. It ~ ho~ ~a~ ~e
~em ~] help ~u to unde~d
g~ ~er.
Q. When should I ~p~ ~r a
A. Sin~ ~o to ~ mo~ ~ no~ly
requ~ to pr~ s m~ne ~pli~on
invo~ng s public n~, ~u should
you have ~ r~ ~p~ ~ore
~ur p~ned ~m~n~msnt ~. For
a l~ or ~mplex
~pa~on ~u~on" or in~
pl~nbg ph~e
~ch ~uid prevem ~ l~er. When
in doubt ~ to ~er a ~ ~ be
r~uir~ or ~ you m~d ~ do, don=t
o~.
Q. I have o~n~ ~ ~m io~ ~d
~ g~emm~ W~ do I have ~ get
~ ind~du~ ~ ~nding
~ or io~on ~ ~ ~ ~ h~
~du~ p~ng.
~ d~: ~u~ ~ for inbr-
~on on g~
~ r~uff~ ~ ob~n ~ ind~du~
Q. W~ ~li h~n ff I ~ work ~o~
A. Peffo~ing un~~
of ~e Un~ S~ or ~ure to ~mp~
serious consequences. You would
viola+,Jon of F~e~ l~w and could ~'e
stiff penalties, including fines and/or
requirements to restore the area.
Enforcement is an important .part of the
Corps regulatory program. Corps surveiF
tance and monitoring activities are often
aided by ~rious agencies, groups, and
individua/s, who report suspected viot~-
tions. When in doubt, as to whether
planned activ~ needs a permit, contact
the nearest distri~ regulatory office. It
could save a lot of unnecessary trouble
later.
How can i obtain further information
about permit requirements?
tniorrn~on about the regulatory pro.
gram is available from any Corps d)~tr~ct
regulatory cr~ce. Addresses and tele-
phone numbers of offices are F~--~_=d st
the back of ibis pamphlet information
may also be obtained imm the w-~ter
resource agency in your sta~e.
Why should ! waste rny time and yours
by appiTing for a pen'nit when you prob-
abhy won't let me do the work anyway?.
Na'donwide, only three percent of
requests ior permits are denied. Those
few appiicants who have been denied
permits usualby have refused to change
the design, l~rning, or loc~tion of the pro-
posed acltdty. When a permit is denied,
an applicant may redesign the project
and submit s new application. To avoid
unnecessary de~ays pre-appiica~on con-
ierences, particutarby for a~opIical~ns for
major acff~es, are recommended. 'i-ne
Corps w~ll endeavor to give you hetpfu)
informstbn, inc4uding factors which witl
be considered during the public interest
review, and aJtematives to consider that
may prove to be useful in designing
proje~.
P. 48
5
What is a wetland and what.is its vaJue?
WetlAnds are areas tha~ are periodically
or permanently inundated by surface or
ground wa/er and support veget~ion
adapted for life in saturated soil Wet-
lan.ds include swamps, marshes, bogs
and sim~ar areas. A significant naturaJ
resource, wetlands serve important func-
tions relating to f. sh and Wildlife; food
chain production; habitm; nesti.ng;
spawning;, rearing and resting sites for
aquatic and land species;, protection of
other areas from wave action and ero-
sion; storage areas for storm and flood
waters;, na.tural recharge areas where
ground and surface water are intercom
nec'ted; and naa.,rai wa/er filtration and
purification functions.
Atthough individua] a. tterations of we~-
lands may co~e a minor change,
the cumulative effect of numerous
changes often results in major damage
~ wetland resota'ces. The review of
applications for alteration of wettands
will include consideration of whether the
proposed activity is dependent upon
being located in an aquatic environment.
How can ! design my project to elim-
inate the need for a Corps permit?.
if your act~ty is located in an sma of
tidal waters, the best way-rD avoid the
need for a permit is to select a s'r~e tha/'
is above the high tide iine and avoids
w~ands or other wa/erbodies. In the
vicinity of fresh Water, stay above orcii~-
ary high water and avoid we~Jands adja-
cent to the s13'eam or leke. Also, it is
possible that your actlvfty is exempt and
does not need a Corps permit or that it
has b~n authored by a natio~w,id~ or
recjior~J genera] permit. So, before
b~ild, drodg~ or ~1, contact th~ Corp~
di~'cict regul~ory office in your ar~ for
specific information about ]ocat. Jon,
exemptions, and regional an~ nation-
wide general per'm/ts.
P. 49
6
General
The application form used to apply for a
perm/t is Engineer Form 4345, Appjcatfon
for a Depa,'zrnent of ah~ Army Perm~ You
can obtain ~e apptica~on from one of the
Corps of ~Engineers district regulatory of~ces
listed in the back of this pamphlet. Some of-
rices may use a siightty modi'~ed form for
joint processing with a state agency;, how-
ever, the required informa~on is basically
the same. it is important that you provide
complete information in 1be requested for-
mas If incofnplete information is provided,
proc'easing of your appticetion will be
delayed. This information wil~ be used to
determine the appropriate/orm of az.,thor/za-
tion, and to evaiuate your proposal. Some
categories of activities have been previously
authodz~ by natbnwide or regio .nai Per-
mm, and no further Corps approvaJs are
required. Others may q,,ai'ffy for abbreviated
permit processing, wih'h authortzstbns in the
form of letters of perm_L~_ion, in which a per-
m~t decision can usually be reached in
tha~ 30 days. For other act/vitJee, a Public
Notice may be required to notify Feder~,
state, and lccai agencies, adjacem property
owners; and 'the genera~ public of the propo-
sai to aJlow an opportun~/or review and
comment or to request a pubiic heazing.
Most applications invoJving Public Notbes
are completed w/thin four months and many
are completed w/thin 60 days.
The district engineer will begin to process
your.appiica~on immediately upon receipt cf
aJ] required information. You will be sent an
acknowledgement of its r~ceipt and the
appiica.tJon number assigned to your file.
You should refer to this number when
inquiring about your application. Your pro-
· posai wiI] be reviewed, balancing the need
and expected benefr~s against the probable
impacts of the work, taking into considera-
tion ail comments received and older rele-
pubib intem.~ review. ~ Corps goaJ is to
reach e decision reg~ding permit issuance
or denial within 60 days of receipt of a corn--
pJete a. pplication. However, some comptex
actM'des, issues, or requirements of la.w
may prevent the district engineer from meet-
in~ this gce. L
For any specific informa~on on the evatu~-
tbn process, filling out the appiica~ion
forms, or the status of your application, you
shouJd con.ct the re~:juia~ory bra~ch of the
Corps of Engineers district office which has
jur/sdi~on over the ares where you plan to
do the work.
P. 50
7
Typic=al Pro .cessing Procedure for a
Standard Individual Permit
1. PreappIic~tion consultation (optional)
2..Applicant subm~ ENG Form 4345 to
dist~ct regutaZory office'
3. Application received and assigned iden-
tffica~on number
4. Public notice issued (within 15 days of
receMng a~I irrJon'n~fion)
5. 15 to 30 day comment period depend-
lng'upon n~4-ure of activity
6. ProposaJ is reviewed** by Cqrps and:
Pubiic ·
Specia/interest groups
Loca~ agencies
Stme agencies
Federal agencies
7. Corps considers all comments
8. Od'tar federa] agen~es consutted, if
~ppropriate
9. District engineer may ask ~[ppiicant to
provide additionaJ informa~on
10. PubIic hearing held, if needed
11. District engineer m~<es decision
12_ Permit issued
or
Permit denied and ,applicant advised of
P. 51
I
8
Evaluation Factors
The decision whether to grant or deny a
permit is based on a public interest review
of the probable impa~t of the proposed
activity and its intended use. Benefrts and
detriments are balanced by considering
effects on items such as:.
con~rmtion
economics
'general environmental conaems
wetlands
cultural values
fish and wildlife values
flOOd h~rds
floodplain ,,-alues
food and fiber production
.. navigalion
shore erosion and accr~on
recre.~on
mr supply and COnsercstion
Water quality
energy needs
needs and welfare of the people
considerations of private ownership
The following general criteria will be consid-
ered in the evaJu~tion of eVery ~ppiica/!on:
[] the rel~Jve ex~ent of the. pubiic and
vate need for the proposed
rn the practicabfl~ of using reasonable
alternative locations and mC, hods m
accomplish ~e objective of the pre-
posed a~Jvfty;, and
[] the extent and ~.~aanenm of l~e bene-
~cial and/or detrimen~ effects which
the propos~ activity is likely to have on
~ public and private uses to which the
ares is su?~:L
Section 41M(b) (1) of the Clean Water Act
If your proj~-'t invohtes the discharge of
dredged or fill malerial, it wall be necessary
for the Corps to evaluate your proposed
activ~ under the Section 404(b)(1)
guidelines prepared by the Environment~
Protection Agency. The guidelines re_m3ict
environraents[~ damaging, practicable atter-
n~tives exist.
P. 52
9
Forms and Parrnits
The f-ollow[n~ forrr~ apply t~ the i:~rmit
process:.
'i-ne' form that you will need' ~ inii~a~ the
review process is E!~NG Fcrrm 4345 or a joint
Federaks~'~te apphca~on ~hat m~y be avai,L
~bie in your s'-~Ze. The ap. propri~te form
may be oi:r,=ined from ~ district regulatory
o~_,e whicli ha~ jurisc~ction in the ar_==_
where your proposed pro}~ )~ 'locked.
'inErvidual Permit~
An inc[rvidual permit ~ b® ~u~ ~ ¢~ar
a L~r ~ Pe~o~
.~~ ~r ~ p~: h~, ~d
R ~y ~ ~r ~ ~r ~ ~~on
you ~ ~ur prop~ ~ q~ ~r
~ ~P.
General .Permits "
In rr, any
~R ~pii~on ~ n~. mqu~ ~uss of
Bena~ pe~ Cm~y ~u~ ~ ~e public
m 1~ by
~ ~ on a ~ion~ ~d ~o~
b~.
. Sep~ ~pli~o~ ~y not be r~uimd
for a~
~e~, ~~ ~ be r~ui~. FOr
~e ~ b~ ENG' Fo~ ~6, is ~d to
a~ ~ne
~p~on of ~¢~ ~ should be
~I'~
~~ bra ~ ior a ~~ or
~
Tr~er
ch~ ~r ~~g ~ ~ ~m one
F. 53
14..
G-=nero) irrbn'nation"
'~ nr~_ ~ of drawing, s---Vicinity, Pith,
Eievalior~--are .required t~ accuraJueiy.depict
actfvities. (See sample d,'-~gs on pa~j~s 1 $
and
Submit one orig)nat, or good 'qu~tity copy, of
EII r%-awin_c~.on. B¥~ × 11 in~ whit,=
(traoing ~oth or Dm may ~ used). Submit
the few=st numbe_r of she-~ n~essa~ to
ad~jumely show the. proposed activity.
D,'awin~ should be prepared in a:~ord~nce
with the ~=_n,=raJ i~rrrat of ~
u~ng .biock m'yi,= lettering. 5~ch page
should i-~ve a tJfle bbck. ~ ch.=~s:k
b'~Jow. Drawin_=s do not hay,= to be prepar_=d
by an engineer, but prof~ionaJ
may b,=mome n~~ ii the pro}ect ~s
Imn:je or compl,=,,~
L,=ave a q-inch man:j[n at.the- top edg,=
ea:h sh .eet for. pu~ of reproduction and
bindin~ .
jn the ti~,= bioc, k cd= e-~nch sheet of drawings
id,=,,'LiFS the pro~:~se~I ~ivity and inciude ·
the name of the. body of w-~LeK, river mite
ap. piicabl,=); nam_=-of county and st~,=; nm'ae
of appti=ant; number of ~ sh_=---'t_ and
numb~-r of ~heets ~n set and da~ th,= draw-
ing was pr,=t:~red_
Sine,= d~nL2:S must be_ mproriuc~.cl, me
h,=~¥y dark iinea. Color shading ~annot be.
,us_=d; howeve_r, dot sha~n~, hal~hin~, or
similar gr~.. hi~. ~ymbols may be used tO
=t~ify. iin,= drawings.
Vicinity Map
The vicinity map.' you provide wfiI ~ print,,,,~J
in any public nol~:e thai is issued and used
by th,= Corps of '-n.c~neers and c/d-~er r=.view-
ing agent}es tO ic~-a~e th,= site of th,= pr)-
posed, a~,~fivity. You.may use an
road map or U.S. G_~o'logic~J Survey
topagrap, hb map (~:at,= 1:24,0D0) as the
vi=in~y map. Pl,=~e inctud,= ~ufficient det~
to simpFrfy locking th._= s~e fram both
vmt,=.rbody and from: ta~d. )dent~iy ~e
~:~n.~ ~ ~ ~n ..~d, ~ n~.mre~y
~ io~ton of a~ sb (dmw ~ ~w
me m~)..
~or o~er i~o~on ~m
~ Bb~ 6 on ~ ~p~on
~ r~e of ~~y ~d ~e n~e of ~,e
~ger ~ ~er, bay, e~., ~t ~
~mmun~, or ~er i~ng i~
~ ~ or nu~m of ~l ro~ in
Plan View
:--ne pi~n .view Shov~ th:_ pm.~se~ ~
~ ~ ~u we~ l~ng ~ght d~ ~n ~
~om ~ Your pi~ ~ shouid ~
,~ N~ ~ ~~ (~er, ~ ~e,
~d m~m~ (~fing) high. ~de Foe' in
iow w~r ~ U ~e prop~d ~ ~
lo,eft on a nom~d~
P. 54
15
[] '.Average water depths around the
actMtT.
[] Dimensions of the activity and distance
it extends from the high water line into
.the water.
[] DLs'tances to nearby Federal projects, ii
applicable.
[] Distance between proposed ~ctJvity and
naviga~on channel, where app[icable.
[] Loca~on of slructures, [f any, in
navigable wa~rs immediately adjacent
to the proposed activity.
Location of any wet. ntis (marsh=s,
swamps, tidal fists, etc.)
North an'ow.
ScaJe.
tf d~edged material is invoked, you must
al=scribe the type of ma.te~, number of
cubic y~ds, method of handling, and
the location of fitl and spoil disposa~
area. The drawing should show pro-
posed retenl~on i~, weirs, and/or
other means for retaining hydrauiicaJiy
ptaced materials.
Ma~ the drawing to indicste previously
completed portions of the .a~.
Elevation and/or
Cross Section View
The elevation and/or cross section view is
scale drawing that shows the side, front, or
rear of the proposed actMty. If a section
view is show~ it represems the proposed
structure, as it would appear if cut intemalJy
for ciisp[ay. Your elev'al~on should cieady
show the following:
[] Wmer eieva~ons as shown in the pian
view.
[] Water depth at waterward ~ce of pro-
posed activity or, ff dredging is pro-
posed, dredging and estimated disposal
grades.
[] Dimensions from mean high water line
(in tidal watem) for proposed fiII or fioa~,
or high tide line for pile supported pl~t-
form. Describe any sIructur=s to be built
on the platform.
[] Cross section of excavation or.~tI,
including approximste side slopes.
[] Graphic or numerica] scale.
[] Principal dimensions of the actMty.
Notes on Drawings'
r-I Nam~ of adjacent property owners who
may be affected; Complete nam=s snd
addresses should b~ shown in Biock 5
on ENG Form 4345.
~ Lega) property descrZpl~on: Number,
name of subdivision, block and lot'
number. Section, T~ip a. nd Range
(-ff applicable) from plot, deed or ~
[] Photographs of the site of the proposed
activity are not required; however, pic-
tures are helpful and may be submitted
as Part of any application.
'D,'-awfr~j~ .~outcl be as clea~ and .simple ~s ~ ~e.., not too "busy'~.
?.55
6
SAMPLE DRAWI N(~$ FOR A PERMIT APPLICATION
NOTE: THE DRAWINGS SUBMIT'I'ED NEED NOT BE PREPARED i~¥. A PROFtE$$10NAL
DRAr--'I'SlViAN AS IN THESE SAMPLES.
NOTE:
[,e-'IS~ CHANNEl. IS APPRCLY,. IO00 FEET
O ~ 15'~", FROM PROPOSED PIER
PIN T0
LOT 24'
1,. ~
PLAN VIEW
FReD R. I-IARRI$
WEST BRANCH ROAD
8O
P. 56
NOTES:
t. ALL DEPTI'I$ I~,Za~ED OK
I~LW= O. OO r-T.
2- FIZ.~'ER CLO'I'H ~ILL gE
IJSE. D BEHIRD I~ULIiHEAD
BEHIND FRINGE ~i'ET'L.&ND$
APPROX. 2.00 CU. '/'DS. OF '
I. IPLAND FILL
PROPOb't='~) B~I..IiHEAD PiER ANI) FILL
IN: ~".~ I~P. AN~H I'll'e'EN RIVER
AT: B~E ~RB~
APPLI~Ti~ ~: FRED ~ H~
I1~ X la PER IHI3H
=====================
17
10'
2-10",~_ MOORING PILINGS
L E'~J' ~rARDING
PROPOSE. D GRADE
F*]LL ARE~ VARIES
FROM !' TO 4'
GROOVE-
PILl NG I0'
SECTION VIEWS
FRED FL HARRIS
852 WEST BRANCH R0,~D
BLUE HARBOR, MD ~1703
P. 59
· D~T
DL.~T~ BOUNDARES
OHIO
NORTH
ATLA.~IC
NC~OLK
i9'
P. 61
Wednesday
.. December 24, 1980
L---=~ J
-' EnvirOnmental
~' --' Protection Agency
~~ Guidelines for Specification of Disposal
.. Sites for Dredged .or Fill Material
" P. 63
85336
ENVIRONMENTAL PROTECTIOh
' AGENCY
Federal Re~ster / .¥ol. 45. No. 24g ! Wednesday. December 24. 1960 ! Rules and Regulations
4O CFR Part 2~0
Guiclellnea for Sp~.qflcatlon of
Di~po~l ~te~ for Dr~ or
M~t~r~l
AG~Y: ~ent~] ~otection
~en~..
· e su~stan~ve ~te~a used in
evalua~ ~s~a~es of ~e~ed or
~ate~al ~der section ~ oF ~e ~e~
Water AcL ~ese Guide~es ~se
cl~ ~e September 5. ~5
final Guidel~es ~ge~i~ ~sche~e of
~edsed or fib mate~ ~to wate~ of
~e United States ~ order
[3} Reflect ~e lg~ ~en~ents of
~ction ~ of ~e Clean Water Act
{2) Co,ct ~a8equacies ~ ~e ~te~m
final Guidelines by F~i~ gaps
explana~om of ~accepteble adverts
impacts on aquatic ecosystems end by
~qui~ng doc~en~fion of compliant.
wi~ the Guidel~es: ~d
{3] Aoduce a ~al ~ema~
doc~enL
· ~ OA~ ~ese Guidel~es
apply to aH ~ pe~it de~sions made
e~ier ~er~ ~. ~. ~ ~e ~se of ~1
worb p~jecte of ~e U~ted States
~y Co~s of ~een ~vol~
disuse of ~ed or ~ ~te~ for
which ~ere is no pe~t appli~fion or
pe~it as su~. ~ese G~de~es.~
apply to aH projec~ on w~
cons~c~on or ~e~ con~ac~
issued, or on whi~ ~g is ~ifiated .
for Co~s operations not pe~o~ed
under con,act, after October
the ~se of Federal cons~ction p~jec~
meeting ~e ~te~a ~ section 4~[r).
·ese Guidel~es will apply to
p~jects ~or w~ch a final env~ental
impact statement is filed ~ ~A after
April ~. ~98~.
FOR ~HER mFOMMA~ ~A~
Joseph ~vak. D~ector. C~te~
Stende~s Division ~-~),
~vimnmenta] ~tection ~en~,.
telephone [~2)
SU~ME~ARY
~e section G p~$rsm for the
evaJua~on of pe~i~s for the discha~e
of ~edged o~ fill mate~a] was o~ginally
enacted as pa~ o~ ~e'Federal Water
Pollution ConSol Amendments o[ 197~.
~e sec~on au~orized the Sec~ta~
the Army ac'l:L~ through the Chief' o~
F.n~inea~ to issue penni*- apectym~
~ction ~[b)[2) Cuidel~e~. ~cUon
~)(2) allowed ~e ~ta~ to issue
pe~i~ o~e~se pm~bited b~
Guidelines. ~ased on consideration
· e economics o~ ~o~e and
horatius. Sec~on ~[c) auth~ed ~e
A~i~ator of ~e ~en~l
~tecfion ~en~ to pm~bft or
~w ~e specifi~fion of a site. '
upon a dete~afion ~at uae of ~e site
wo~d have ~ ~a~eptable
effect on m~icipal water supples.
abel~sb beds ~d fishe~
(~u~ epe~ end b~ed~
Dnder'pecfion ~)[1]. ~e
. Guidel~es a~ to be baaed on ~te~a
comp~able to ~ose ~ section ~[c] of
· e Ac~ for ~e teetotal
conti~ous zone. end oce~s. U~e
~(c). 4~ applies to eD wares
United S~tes. Characte~sfi~ of'wares
of ~e U~ted States veu greatly.
~m~gion to re,on end wi~in a
~gion. ~e~ is a wide re~e
flow. subsists, water quality, and use.
~ ad~fio~ ~e ~te~als to be
dische~e~ ~e me,ods o~ dia~a~e.
~d ~e acOvifies associated
disease ~so veu ~del~..~ese
other v~a0one m~e it ~e~sflc' at
~is ~e to a~ve at n~e~cal ~te~e
' or stand~s for ~c or baza~ous
subsets to ~e applied on a
nafi~de bas~. ~e suacepfib~
· e aquatic ecoeFetem to de~adafion
p~l~ pb~ai~l placement of ~ed or
F~ mate~al ~er compli~tes ~e
p~blem oF e~ et ~fionwide
standards. A~ a ~s~t. ~e Guide~es
concen~ate on speci~ ~e tools to be
used ~ evaluat~ end testing ~e .......
impact o~ ~edged or fill mate~al
diseases on waters of ~e United
States ra~er ~an on simp~ lis~
n~eri~l pass-fail po~ts.
~e first section ~[b](l) ~uide~es
were promulgated b~ ~e A~s~ator
~ ~te~m final fo~ on ~ptamber 5.
~g75. after cons~tafion ~ ~e Co~s
o~ Engine,s. Since promulgation o~ ~e
interim Fmal ~deli~s. ~e Act has
been substan~all~ emended. ~e Clean
Water Act of 1g~ established a
proced~e for ~ansfe~g
pe~itting auto,ties to ~e states.
exempted certain discha~es f~m
section ~ pe~t ~qu~menta. and
~eve ~e Co~s enfo~ement aurora.
These amendements also increased
~mportance o~ ~e section
Guidelines. since some oF the
exemptions a~ based on alternative
we~s o~ apply~ ~e ~uidel~es. ~ese
changes, plus the experience oF ~A and
the Corps in workL~ with the inte'r~n
final Guidelines. have prompted e
revision of the Guidelines. The proposed
revision attempted to reorganize the
Guidelines. to make it clearer what had
to be considered L~eevalueUn8 a
discharge and what weight should be
given to such considerations. The
proposed rev~aion also t~htened up the
requirements for the permitting
authorlys documentaUon ct the
application cf the ~;uidelines.
After extensive consultation with the
· Corps, the proposed revisions were put
out for public comment (44 FIT 54Lt2,
September ~18. 19'~9). EPA has reviewed.
iu~:L after sd~fional conaultalion with
the Corps. revised the proposal in light
of these comments. This preamble
addresses the significant comment~
received, explains the char~ee made in'
the regulation, end attempts to clear up
some misunderstandL"~s which were
revealed by the comments. Response to
Significant Gore.meats
Re~uIotio~ Venus Guideline
A ~mnber of commenter~ objected to
the proposed Guidelines on the ~unds
that they were too "regulator~." These
commentate argued that the term
"~uidelinea" which eppearsin section
404(b)(2] requires a document with leas
bindin~ effect than a regulation. EPA
.. diseases. The Clean Water Act does not use the word "guideline" to
'dist, inguiah adviao~ information from
. reguJator~ requirements. Section
404[b)[2] clearly demonstrates that
Congress contemplated that discharges
could be "prohibited" by the C, uideJ, ines.
SecUon 403 (wb.ich is a model for the 4Ct
[b)[l) Guidelines] also provides for
"guidelines" which are clearly
regulatory in nature. Consequently. we
have not changed the regulation to make
it simply advisor~. Of course, as the
regul,tion itself makes clear, a certain
amount oF flexibility is still intended.
For example, while the ultimate
conditions oF compliance are
"regulator". the Guidelines allow some
room for judgment in determinmg what
must be done to arrive at e conclusion
that those conditions have or have not
been met. See. for example. § ~0.~ and
§ 230.~0. and introductor7 sentence in
§ Z30ao.
Statutor~ .~,.beme and How the
Guidelines Fit Into It
A number oF commentate with
objections appeared confused about
EPA's role in the section .404 pro,'am.
Some wondered why F. PA was issuing
Guidelines since EPA could atop an
unacceptable d~schar~e under section
404[c). 'Others were uncertain how the
· . ' P. 64
Festers! Resistor ~ "'~1. 45, No. ~9 /
Ou'-'deline~ ~iated to'other section 404
regulations. '
The crean Water Act prohibits the
discharge of dr~ed or f'~ material
except in compliance with section ~4.
Section 40~ ~et~ up · procedure for
issuing permits spec:t~L~ discharge
sites. C;ertein discharges (e.g. emergency
repairs, certain farm an~ ~orest roads,
and other d~s~he~ges iden~J~ed ~n
sections 404[f') and ir]) are exempted
from the permit ~equ~rements. The
pern~ttir~ autl~rity ~ither the Corps of
Fmgineers or ~n approved State
pro.am) approves discharges at
particular sites through application of
the se~ion 404[b)[1) Guideline& which
ere the substantive criteria far dredged
end fi J1 material discharges under the
Clean Water A~t. Tbs Corps also
conducts a Public Interest Review,
which ensures that the di~har~ w~l]
comply with the applicable
requirements of other statutes and be 'in
the public interest. The Corps or the
State. as the case may be, must provide
en opportunity for e public hearing
before making-its de~ision whether to
approve or deny. If the Corps concludes
that the discharge does not comply with
the Guidelines. it may still issue the
pea'nit under 4o4[h][2) if it concludes
that the economi~ of navigation and
anchorage wa~ant. Section 404(b)[2)
gives the Secretary e limited autho~ty to
issue ps.nits prohibited by the
Guidelines: it does.ncC es some
commente~ suggested, require the
Guidelines to consider the econ.'nice of
navigation and anchorage. Conversely,
because of 404[b)[2), the fact that a
discharge of ~edged material does not
comply with the G~delines does not
mean that it can never be permitted. The
Act recognizes the concerns of pons in
section 404[b)[2]. not 404(b)[1). Many
readers apparently misunderstood this
point.
l'~A's role under section 404 is
several-fold. Fh-st. EPA has the
responsibility for developing the
404[b][1) (~uidelines in conjunction with
the Corps. Second. EPA reviews permit
eppli~tions and g~ves its comments (ff
any] to the pe~mit~ authority. The
Corps may issue a permit even ff EPa.
comments adversely, aJ'ter consultation
takes place. L': the case of state
programs, the State director may not
issue a per~t over EPA's unresolved
objection. ~ EPA has the
responsibility for approvi~ and
overseeing State 4~4 progran~. In
addition, F..PA ~s en~arcement
responsibilities under section 30~.
Finally. ~der either the Federal oz State
pro.am, the Administrator may ~
prohibit the specie.tics of e discharge
site, or r~str~ct its use. by [ollowin~ the
procedures set out in section ~4(cJ, if he
determines that rllsc~ar~ would have
an ~acceptable'adve~e effect on fish
end shellfish a~as (in~ud~g
and b~d~ a~as], municipal water
supplies, wildlife or ~c~atinn e~as. He
may do so ~ adv~ o~ a pla~ed
discha~e or while a pe~it appli~tion
is be~ eval~ed or even, ~ ~ual
~tancea, after issunn~ of a
pe~U [~e p~emble ~ ~ ~ P~
A~s~tor u~s ~[c]. he ~
· e issuen~ of a pe~t by ~e ~s or
a State ~ p~m Whe~ ~e
Adminis~atar bas ~c~d his
~[c] autho~ ~ ~ibiL ~hol~ or
~s~ct ~e ~fi°n of a site for
disp~e], his scion may not be
ove~dden ~der section 4~[b)[2).
fact ~at ~A has ~[c) au~o~
not lessen ~A's ~s~nsibili~ far
developi~ the ~[b)[1) O~delinee
use b~ ~e ~mitt~ aufio~, hdeed,
if ~e Guide~es a~ ~operly a~lied.
EPA w~ll ra~ly have to use ~s ~(c)
veto.
~e ~ean Wa*er Act pro.des for
several uses of ~e Guidelines in
addition to ~e ~vidual pe~it
application ~ew process
above. For example. ~e Co~s or ~ -
approved ~ete may issue ~eneral
pe~its Jar a ~tego~'of sitar
~tivities ~ere it datelines, un
basis of ~e ~][~] ~uidelines. ~t
the activities wiD cause only m~al
edve~e en~tal e~ec~ ~
individuall~ ~ ~atiVe]y
4~ie] end ~][1]]. h addison. ~me
~e exemptio~ ~ ~e pe~it.
requirements ~volve application
Guidelines. S~tion ~[r) exemp~
discha~es asso~atefi wi~ Feder~
cons~c~on projects where, among
other ~gs, ~ere is an ~viro~ental
~pact Statement which considers
exempts d~a~es ~vemd by best
management practices
approved ~der section ~8[b](4J[B)
lc). ~e approval of which ~ based
part on consistency wi~ the
Guidelines.
Several co--eaten asked for a
statement on ~ epp~bfli~ of ~e
Guidelines to e~omement prestiges.
Under ~ecfiom 3~. ~][1][~). ~
~(e]. ~ app~ved S~tes. and ~e
Co~s all Play a role ~ e~o~ '~e
~ection 4~ pe~t req~emen~.
~forcem~t acfiom ~ appropriate
when someone is ~a~i~ ~e~ed or
fill materiel wi~out a ~quired pe~t.
or violates ~ te~ ~d cunditions of a
pe~it. The O~de~ea ~ su~ a~
~eneralIy i~elevant ~.e dereliction
Rules and Regulations ~$?
of either kind oJ' violation, although they
may represent the basis for parti~lar
permit conditions which are violated.
Under the Corps' procedure] regulations.
· the Cor'~ may accept an application for
an after-the4act permit, in lieu of
in~'neciiately conunencing an ·
enforcement action· Such after-the-~act
parrots ma)' he issued only i~ they
comply with the 4o4(b][~] Guidelines as
well as other requirements set out in the
Corps' regulations. Criteria and
· procedures far exercising the various
enforcement option~ are outside the
scope of the ~-ction 404(b](1)
Guidelines.
Some conunenters suggested that we
either Include specific pern~t l~'~oessing
pro~dures ar that we cross.reference
regulations containing them- ~ch
procedures ere des~'ibed in 33 CFR Part
$20-327 [C',orps' procedv.~es) and in 4o
(~FR Pa~ ~22-~124 [minimum S~ate
procedures). Wh~ specific Stat~ 404
programs are ~pprovecL their regulations
should also be consulted.
How Future ~t~nges in the Testing
Prevision Relate to Prnmul~ation of This
F'mal Rule
The September ~. lg?~l, propose]
contained teeing pro. visions which were
essentially the same as those in the
Interim Fined reg~a~iur~. The Preamble
to that proposal explained that it was
our intention to propose chan~es kn the
testing'provisions, but that a proposal
was not Fat r~ady. Consequently. while
we have been revising the rest of the
Guidelines, we have also been workmg
on a proposal ~ar reor~anizin~ and
updating the testing provisions. Now
that we have f~talLzed the rest of Lhe
Guidelines, two op~ons m,e available to
us. First. we c~ul,~ delay issuh-~ any
final revisions to our 29~ proposal until
we could propose a ~evised testing
package, consider comments on it. and
lrmalize the testing provisions. We could
then put together the Guidelines and the
revised testing ,,,-orion in one final
regulation. The IS?5 interim final
Cuidelines would apply in theb' enprety
until then. Second. we could publish the
final Guidelines Iwith the 1975 testing
provisions) and simultaneously propose
changes to the testm~ provision. It is our
present belief that proposed chsr~es to
the test~ provision would not affect
the rest of the Guidelines, but the public
would be ,,llowed to comment on any
inconsistencies it saw between the rest
of the Guidelines and the testi~
proposal. Then, when the comments to
the testmg proposal had been
c~nsidered, we wo,,l'd issue.a new fme]
reg~at~nn incorporating both the
previously promulgated final Guidelines
and the f'mal revised testing provision.
P. 65
83338 Federal Register / Vol..45, No, ~49 / WecL"tesda)', December 24, 1~0 / Rt~les and Regulations
We have selected the second option
because th. is approach ensures that
needed ampi. or,meets to ~a
a~ mede e~ecflve at ~e e~eat
possible date, It ~ves ~e ~blic ~ple
oppo~ to ~ent on ~e ~ed
tesU~ ~cfio~ ~d It ~ta~ ~e 1975
te,~ ~menU ~ sO. ct d~ ~e
~te~ whi~ wo~d be ~e case
event
M~ .aden obJe~ to ~e le~
~d ~mple~ ~ ~e G~de~e~. We
have euba~n~y no~e~d
~gulaflon to eliminate dupli~five
mete~al end to p~de a mo~ 1o¢~1
~equen~. ~eae ~a~e, cho~d make it
easier ~or appU~U to ~de~t~d
~te~a ~d for Sate ~d ~ pe~t
evaluaton and ~e A~ia~tor to
apply ~e ~tefie. ~hout ~e
do~enC we have also made
m~or la.age ~e~e, to ~p~ve
clad~ o~ ~e ~afions, often at ~e
aug.arian of co~enten,
Follo~ general ~ducto~
nat,del end ~e actual compliance
requi~men~, ~e ~gu]ations e~ now'
o~e~zed to ~o~ closely follow
step, ~e pe~t~ au~od~ ~11 take
~ a~ at ~, ~ate decision on
compliance ~ ~e G~e~es.
By ~o~e~z~ ~e G~deiine,
~eshio~ we we~ ~,o able to iden~
and eliminate dupli~ve mai. riaL For
example. ~e proposed Gutdel~es ~ted
ways to ~e ~pec~ ~ m~y
separate aecOons. Since ~e~ was
substantial overlap ~ ~e epe~fic
me~o~a ,~ested ~ ~ose sections, we
consolidated ~em into new Subpart H.
Other ~dual aecUon, have been
made mo~ concise. ~ addition, we
have de~esed the number of
comments, mov~ ~e~ to ~e ~eemble
or making ~em pa~ o~ ~e ~eguletion,
es appropriate.
Gene~ Pe~
~ issued after proper
consideration o~ ~e Guidelines. General
pe~itp are a useful tool ~ protecting
the environment wi~ a minim~ of red
tape and delay. We expem ~at ~eir use
will expand in ~e ~t~.
Some commente~ were confused
about bow General pe~its work. A
General ~it ~ll be is,ued only after
the pe~ittt~ au~oriW baa applied
Guidelines to ~e ~a. o~ dis~a~es to
be covered by ~e pe~it. ~e~fore.
there is no need to ~peat ~e process at
the time a parti~ler discha~e covered
by the pe~t take, place. O~
under be~ ~e Co~,' repletions and
~A'a regulaUons for State programs,
the pe~itting a uthority may ,u,pend
General pe~ats or require individual
permits where envL-onmentsl concerns
make it appropriate. For example,
cumulative impact, may turn out to be
more seriou, than predicted. This
read.tits is not intended to e,tablish
the p~:~'e~ for i.u~nca of G~eneral
permits. That is the re,ponsibili~ of the
pern~ttin8 authorit~ in accordance with
the requirements o; section 404.
Burden of Pzoo!
A number oF commenters objected to
the presumption in the regulations in
general and in proposed ! ~,30.1[c] in
partlcul&r, that dredged or ~l materiel
should not be diocha~ed unless tt is
demonstrated that the planned
di.char~e meets the Guidelines. These
cornnenten tbous~ht that it was un, air
and inconsistent with section 404[c) of
the Act..
We disagree with these objections.
and have ret.teed the presumption "
against d~scher~e and the exist, ins
burden of proo£ However. the section
baa been rewritten for
The Clean Water Act itself declare, a
national goal to be the elimination o~ the
cllscharge of' pollutants into the
nev~able waters (,ection
Thi, goal I, implemented by section 30:1,
which ,rate, that such discharges are
unlawful except in compliance with,
inter o//o, section 404. Section 404 in
turn authorizes the per~tttin~ authorit)'
· to allow discharge, of dredged or fill'
material If they complY, with the
404p~](:1] GLddelines. The statutory
scheme makes it clier that discharges
shell not take place untO the), bev~ been
found acceptable. Of course, th. is finding
may be made through the General
permit process and the statutory
exemptions es well as through
individual permits,
The comment.re who argued that
,action 404(c) shifts the u,ual burden to
the EPA Administrator misunderstood
the relationship between section 404(c)
and the permitting proces,. Tbs
Administrator's authorit), to prohibit or
res~ct a site under section 404(c)
operate, independent), of the Secretary
of the Arm¥'s permitt.in8 authorit), in
404[a]. The Administrator may use
4~4(c) whether or not a permit
application is pending. Conversely, the ·
Secretary me), deny a' permit on the
best, of the Guidelines, whether or not
EPA tnitietes a 404(c) proceeding, If the
^cL'ninistrator uses hi, 404[c) "veto,"
then he does have the burden to justify
his ac~on, but that burden doe, not
come into pla), until he begin, a 404(c)
proceeding [See 40 CFR Part
Toxic Pollutants
Many comment.rs objected
strenuously to the presumptions in the
~,,aeline, that toxic pollutants on the
section aOT(a)(3) list Lre present in the
aquatic environment unless
demonstrated not to be, and that such
pollutant, are biulo~ically available
unless demonstrated otherwise. Tbe,e
comment.rs argued that rebutting these
presumption, could involve individual
test. in~ for dozens of substance, ever),
time a discharge is proposed. Lmposir~
an onerous task.
The proposed regulation attempted to
avoid unneceasa27 testLng by prov~din~o
that when the ! ~.30&?.[b] "reason to
believe" process Indicated that toxics
were not present in the discharge
materiel, no teatil~ wee required. On
the other hand, contaminants other than
tvxics required testing fl. that same
'*reason to believe" proc.se ~ndicated
they n:dght be present in the dische..~e
materieL This is in fact a distinction
without a di~erence. In practical
application, toxic and non-toxic
contaminants are treated the aa.me:if
either may be there, tests are performed
to get the in~ormation for the
determinations: fl' it is believed the~' are
not present, no teath~ is done. ]~ecau, e
the additional j~reeumption for toxic~
· did not actually serve a purpose, and
because it was a possible source of
conf.usion, we have elimtqated iL and
now treat "toxics" and othe~'
contaminants alike, under the "reason to
believe test" (J 230.80). We have
provided in t 230.3 a del"tuition of'
"contaminants" which encompasse, the
307(a)[1) toxics.
Water Dependency
One of' the provisions in the propo,ed
Guidelines which received the most
objection, wes the so-called "water
dependency test" tn the proposed
§ 230.30[e). This provision imposed an
additional requirement on f'dls in
wetlands associated with non-water
dependent activities, namely a showing
that the activity was "necessary." Many
environmentalists objected to what they
sew as a substantial weakening of the
:1075 version of' the water dependency
test; Industry and development.oriented
groups, on the other hand. objected to
the "necessarT" requirement because it
wes too subjective, and to the provision
as a whole to the extent that it seemed
designed to block discharges in
w~tlands automatically.
We have reval;wed the water
dependency test. its original purpose,
and iu relationship to the rest o( the
Guidelines in light of these comments.
The original purpose, which many
comment,rs corrunended, was to
recognize the special values of wetlands
end to avoid their unnecessary
destruction~ particularly when
· - ' P. 66
practicable alternatives were
in non-aquatic arena to achieve the
· basic purposes of the proposal. We st)Il
support this goal b~t we ~ve ~ed
the water~e~nd~ ~t ~ ~tter
achieve it.
F~sL we ~e ~ ~e ~en~
~ bo~ si~es bi ~e *~en~" test
imposed ~ ~e ~ p~sal ~ not
likely to be workable ~ prac~ce, and
may spa~ mo~ ~s~tes ~n tt settles.
However, ff ~e "n~asa~' test
simply deleted, secU~ ~.l~e) does
not p~de any ~al ~c~iUon of or
p~tecUon for wounds, and ~
defea~ i~ p~e. F~e~o~, even
· e ~ecessa~" ~ we~ ~teined, ~e
p~vision applies only to diseases'of
fill ~ate~n], not ~s~es of ~ed
' material, a ~sUn~on whi~ lessens
ef[ec~veness of ~e p~sio~ ~us, we
have decided, ~ acca~nce ~ ~e
co~en~, ~at ~e p~posal is
~satisfacto~.
We have ~e[o~ ~ded te focus
on, ro~d ouL ~d s~e~en ~e
approa~ of ~e ~ed "water
dependency" ~o~sion ut ~e 1975
re~lntion. We have ~je~ed ~e
su~estion ~at we simply go ~ to ~e
lgT~ la~uage, ~ pa~ ~canse it wo~d
not mesh easily wi~ ~e revised general
provisions of ~e ~de~es. ~tend,
o~ ~vised "water dependent"
provision ~eates a p~s~p~on ~at
·ere are prac~cabie alte~atives to
"non-water dependent" disables
proposed for spe~al aqua~c sit~. "Non-
water depender" ~s~a~es a~ ~ose
assorted ~ ac~vi~es wh~ do not
requi~ a~ss ~ p~ to or
within ~e spca] aq~c site to
their basic p~e. ~ example ~ a
to ~eate a resta~nt site. s~
resta~ants do not need to be in
wetlands to ~lfiil their basic puttee of
feeding ~ople. ~ ~e case of such
actiones, it i~ ~nsonable to assume
· ere ~ll generally be a practicable site
available upland or ~ a ~ss ~]nerable
pa~ of the aquatic ecosystem. ~e mere
fact that an alternative may cost
somewhat mo~ does not necessa~ly
mean it is not p~c~cable (see
~ ~.lo[aJ[2) and dis~esion belowl.
Because ~e appli~nt may rebut ~e
presumption ~8h a clear sho~ng
a given case. no ~asonable ha~ship
shoed be worked. At ~e same ~e.
· is presumption should have ~e e~fect
o~ fo~ing a b~d look at ~e feasiblli~
of us~ env~entaHy pre.robie
aires, ~is p~s~pUon ~sponds to ~e
ore,helming number of co~ente~
who ~ed ~ ~ re.in a water
decadency test to
avoidable diseases ~ wetlands.
In ad.flus, the 1~5 provision
ei~ect]ve]y created a special
ir'rebuttable presumption L~t
alternatives to wetlands were ~lways
less de.mm_~%o to L~ aquatic ecosystem.
· Because our experience and the
comment~ indic, ate that t~s is not
always the case. ~ because L~ere
could be substamial in~pac~ on other
element~ ut the environment and only
minor impact~ on wetlands, we have
chosen in~tead to i~pose an expliclL but
rebuttable, presumption that
alterua0ves to discharges in special
a'quatic sites ere less dam~in~ to the
aquatic ecosystem and ere
enviromnen.ta.0y pre~erable. Of' course,
the ~enere] requirement that impact~ on
the aquatic ecosystem not be
unacceptable also applies. The
legislative histor~ of the L"le. an Water
Act. Executive O~er.llggO. and.a le~e ..
body of' scientific L~ormatiun suppor~
this presumption.
Apart bom the ~act that it may be
rebutted, ti'ds second presumption
reincorporates the key dements of. the
1975 provision. Moreover, it strengthens
it because the recognition of the specLe.l
environmenta~ role of. wetlands now
applies to all discharges in special
equati~ sites, whether ti' dredged or fid
material, and wbether or not water
dependent. ~! the same t~e, this
pres'urnplion, l~e the first one described
above, retains sufficient flexibility to
reflect the ci. rcmnstances of unusual
CaSeS.
Consistent with the seneral burden of
proof under thee Guidelines~ where an
applicant proposes to discharge in a
special aquatic site it ia his
responsib~i~ to persuade the permittin~
authority that both of' these
presumptions have clearly been rebutted
in order to pass the alternstives portion
of these Guidelines.
Therefore. we believe that-the hew
§ ~o.1o(a](3). which replaces proposed
230.10(e), will ~ve speaa] protection to
wetlands and'other special aquatic sites
regardless of material discharged, allay
industr~'s concerns about the
"necessa~" teal recogrdze the
possibility of in~pact~ on a~r and upland
systems, and ecknowtec~e the
variability emon~ aqua~c sites and
discharge acti~it, ies.
Alternatives
Some commentate objected at lengtb
to the scope of alternatives which the
Guidelines require to be considered, and
to the requirement that a permit be
denied unless ,the least harn~ul such
alternative were selected. Others wrote
to urge us to retain these requirements.
In our judgment, a number of. the
objections were based on a
-~ ~underutan~h.~_ of what the proposed
~.emativea analysis required.
Therefore. we have decided to clarify
the regulation, b~t have not changed its
basic thrust.
Section 403(c) clearly requires that
alternatives be considered, and provides
the basic legal basis ~or our requirement.
While the statuto~ provision leaves the
A~en~ some discretion to decide
alternat]ves are to be considered, we
believe that the policle~ and goal~ of the
Act" as well as the other authorities
cited in the Preamble to the proposed
Guidelines, would be beat served by the
approach we have id:ea. ' °
F'~t, we emphasize that the only
alternatives which, must be considered
ere pro~U'~Z~/e alternatives. W1~ is
practicable dependl on cost. technical,
and lo~iaLic factors. We have cheqed
the word *'economic" to *'cost**. Our
intent is to consider those alternatives
which are reasonable in terms of the
overall scope/coat of' the proposed
project. The term economic n~ht be
cbnatrued to include cofiaideration of'
the applica.nt'a ~nancLs] stanJ:~, or
invest-neat, or market share, a
cumbersome inqu~'~ which is not
necessarily mate~ial to the objectives of'
the Guidelines. We consider it implicit
that, to be practicable, an alterna~ve
must be capable cd' achieving the basic
purpose of the proposed a~-tivit~.
Nonetheless, we have made Lhis explicit
to allay widespread concern. Both
"interr~l" and "extern~" alternat]ves,
as described in the September ~8,
~eamble. must aatia~ ~ prac~ceble
test. In order for an ".external"' .
alternative to be practicable, it must be
reasonably available or obtainable.
However. the mere [act of' ownership or
lack therco£ does not necessaril~
determine reasonable availability. Some
readers were apparently co.used by
the Preamble to the Proposed
l~eguletion, which referred to the Jact
the National Enviromnental Policy Act
(I~r..PA] may require consideration of
courses of action beyond the a~thority
of the agency involve~. We did not
mean to nu&gest that the Guidelines
were necessarily ~mposing such a
requirement on private individuals but.
rather, to surest that what we were
requirir~ was well within the
alternatives analyses required by
SeconcL once these practicable
alternatives have been identified in this
fashion, the per~tti~ authori~ should
consider whether any of' them- including'
land disposal options, are leas
enviroumenteDy harmful tb~n the
proposed dlachm'~e project. Of' coune,
where there b no significant or easily
identifiable difference in iznpact. ~e
P. 67
alternative need not be considerec~
have "less adverse" hnpa'cL
Several commenterJ questioned the
legal basis for requiring the permitting '
authority to select the least cb.aegina
alternative. [The use of the term "select"
may have been misleading. Strictly
speaking, the permitting authority does
not select anyt~i~: he denies the permit
If the guidelines requirements have not
been complied with.) As mentioned
above; the statute leaves to EPA'a
discretion the exact implementation of
the alternative requ~ement in secUon
403 of the Act. In large part. the
approach taken by these regulations is
ver~ similar to that taken by the recent
section 403(c) regulations [45 FR 55942.
October3, 1980). There is one difference:
the Guidelines always prohibit
discharges where there is e practicable,"
less damaging alternative, while the'
section 403(c) regulations only apply this
prohibition in some cases. This
difference reflects the wide range of
water systems subject to 404 and the
extreme sensitivity of many of them to
physical destruction. These waters form
e priceless mosaic. Thus. ti' destroctio~
of an area of waters of the United States
may reesonab!y be avoided, it should be
avoided. Of course, where a catego~ of
404 discharges is so minimal in its
effects that it has been placed under a
general permit, thetis is no need to
perform a case-by-case alternatives
analysis. Th. is feature corresponds, in a
sense, to the category of discharges
~der section 403 for which no
alternatives analysis is required:
Third. some conunentere were
concerned that the alternative
consideration was unduly focused on
water quality, and that a better
alternative h'om a water quality
standpoint might be less desirable from,
say. an air quality point of view. This
concern overlooks the explicit provision
that the existence of an alternative
which is less damaging to the aquatic
ecosystem does not disqualify a
discharge if that alternative has other
significant adverse environmental
consequences. This last provision gives
the permitting authority an opportunity
to take into account evidence of damage
to other ecosystems in deciding whether
there is a "barter' alternative.
Fourt~ a number of canunenters were
concerned that the Guidelines ensure
coordination with planning processes
under the Coastal Zone Management
Act, § 208 of the ~A'A, and other
programs. We agree that where an
adequate alternatives analysis has
already been developed, it would be
wasteful not to incorporate it into the
404 process, New. § 230,10[a)(5] makes it
l.-eoeral xeS~lter / ¥0L 4b, A~O, 24g / weclnesaay, L~ecem~er z4, '~g~ / Kulea eno I~eEulattons
clear that where alternatives have been
reviewed under another process, the
permitting authority ahaU consider such
analysis. However, ff the prior analysis
is not as complete.as the alternatives
analysis required under the Guidelines. '
he must supplement it as needed to
determine whether the proposed
discharge complies with the Guidelines.
S~ction 230.10(a](4) recognizes that the
range of alternatives considered in
NEPA do..meats will be suf~cient for '
section 404 purpoae, a, where the Corps is
the permitting authority. (However, a .
greater level of detail may be needed in
particular cases to be adequate for the
404[b][1] Guidelines analysis.] This
distinction between the Corps and State
permitting authorities is based on the
fact that it is the Corps* policy, in
carrying out its own NEPA ..........
responsibilities, to supplement [ or
require a supplement to] a' lead agency's
environmental assessment or impact
statement where such document does
not contain sul'ficient inJ'ormation. State
permitting agencies, on the other hand,
are not subject to NEPA ~n this marmer.
We have moved proposed
§ 230.10(a][1) (iii], concerniAg "other
particular volumes and concentrations
of pollutants at other specific rates**,
from the list of alternatives in § 230.~0 to
Subpart' H, Minimizing Adverse Effects,
because it more properly belong.s there.
Dei'xnitions (§ ~30.3)
A number of the terms defined in
§ 230.3 are also defined in the Corps'
regulations at 33 CFR 323.2, applicable
to the Corps' regulatory program. The
.Corps has recently propnsed some
revisions to those regulations and
expects to receive conunents on the
definitions. To ensure coordination of
these two sets of regulations, we have ....
decided to reserve the definitions of
· 'discharge of ch'edged materiaL'*
"discharge of fill materiaL' "dredged
material," and "fill material;' which
otherwise would have appeared at
§ 230.3 [0, IS), (il, and [I).
Although the term~*'waters of the
United States" also appear~ in the
Corps' regulations, 'we have retained a
definition here, in view of the
importance of this key jurisdictional
term and the numerous comments
received. The definition and the
comments are explained below.
Until new deFmitions are published.
directly or by reference to the Corps'
revised regulations, users o~ these
Guidelines should refer to the
c~efinitions in 33 CFR 323.2 (except in the
case of state ~ programs, to which the
deFmjtions in 40 CFR § ~22.3 apply.)
Waters of the United States: A
number of commenters objected to the
,efinitlon of "waters o! the United
States*' because it was allegedly outside
the scope o~ the Clean Water Act or of
the Constitution or because it wes not
identical to the Corps' de"tuition. We
have retained the proposed definition
with a few minor changes for ~arit~ for
several ~asons. Fl~t, a number
co.ts have held ~at this basic
definition of wate~ of ~e United States
~asonably ~plemen~ aec~on ~(?~f
· e Clean Water Ac~ and ~at it
Sail Com~n~ v.~we~e. 578 F~
p~ferable to have ~ ~fo~ de~Uon.
for ~ten o~ ~e U~ted States, and for
all ~s~afions and pro~em~ ~der ~e
CW~ We have decided to use ~e
wo~ns ~ ~e ~cent Consolidated
Pe~t Relations, 45 Fed. Res,
~eF ~9. ~9~, es ~e stander.'
Some co--eaten s~eeted
reference ~ ~e deflation to watch
from whi~ fish a~ taken to be sold
interstate co--arcs be expanded to
include areas whe~ eu~ fish spe~.
While we have not made ~is change
because we wish to maintain
consisten~ wi~ ~e wording o~ the
Consolidated Pe~it ~gulations, we do
not ~tend to surest ~at a apa~i~
area may not have ei~ificance for
comme~e. ~e ps.on bf ~e definition
at issue lists major ex~p~s, not
ways w~ cohere ma~ be ~volved.
Some ~viewen questioned ~e
statement ~ proposed J ~.~2[c] (now
~ ~.ll[h]) ~at ac0~ties on fast land
~eated by a disuse of ~dged or
mate~al a~ ~ns~de~d to be
of ~e United States for p~oses of
· ~se G~de~es. ~e p~poaed
ten.age was mislead~ and we have
~anged it to mo~ acc~ately ~flect
intent. When e ps. on of ~e Waters
the United States has been legally
conve~ed to fast land by · dische~e of
dredged or flu mate~al, it does not
rema~ watan of ~e U~ted States
subject to section 301[el. ~e
ma~ be les~ became it was auto.zed
by a pe~it or ~cauae it was made
before ~e~ was · pe~tt ~9uiremenL
~ ~e case of an riegel ~s~a~e, the
fast land may ~main subject to ~e
j~sdicfion of ~e Act ~ ~e
8overeat deletes not to seek
~storafio~ However, ~ eu~o~ a
· T~ ~msolidsted Permit kesulatioM exclude
ce~atn waste t~atmeni systems f~m watch of ~e
Unit~ StateL %e exact tern of ~s axe.ion an
~a~e ahoflly. For ~ ~ ~ese G~de~es as
published do not ~nts~ ~e ex~usion 8s o~i~Uy
wo~ed m ~e ~nsolidzted Pe~it ReSula~ons.
When publishe~ ~e ~ct~ ~ion wad apply
to ~e ~uidel~s as we~ ms ~e ~oli~ted ~t
ReluJalio~.
· - , P. 68
discharge whi~ will create.fast la. nc~
the permitting authority should consioer,
in ad~tJon to t~e direct efTects air the fid
tnself, the effects on the aquatic
environment of any reasonably
foreseeable activities to be cauducted
on that fast land. ~-;..
Section 230.54 (propc~ed ~30.4.1) deals
with impacts on parks, national and
historical monuments, national sea
shores, wilderness areas, research sites,
'and similar preserves. Some readers
were concerned that we intended the
Guidelines to apply to activities in such
preserves whether or not the activities
took place Ln waters bf the United ·
States. We intended, and we think the
context makes it clear, that the
GuideLines apply orgy to the
speci~caLion of discharge sites in the
waters of the United States, as def'tned
in § 230.3. We have included this section
because the fact that a water of the
United States may be located tn one of '
these preserves is si~rdflcant in
evaluating the impacL~ of a discharge
into that water.
Wetlands: Many wetlands are waters
of the United States under the Clean
Water Act, Wetlands are also the
subject of Federal Executive Order No.
:l:zggO. and various Federal and State ·
laws and regulations. A number of these
other programs and laws have
developed aD&bUy different wefts.nde
defmitions, in part to ar.x:ommedate or
emphasize specialized n.eec~. Some of
these definitions include, not orgy
wetlands as these Guidelines define
them. but also mud fiats and vegetated
and unvegetated shadows. Under the
Guidelines some of these other areas are
grouped with wetlands as "Special
Aquatic Sites" [Subparl El and as such
their values are given special
recognition, [See discussion of Water
Dependency above.) We agree with the
comment that the National Inventory of
Wetlands prepared by the U.S. Fish and
Wildlife Service. while not necessarily
exactly coinciding with the scope of
waters of the United States under the
Clean Water Act or wetlands under
these regulations, may help avoid
construction in wetlands, and be a
useful long-term planning tool.
Yarioua commenters objected to the
definition of wetlands in the Guidelines
as too broad or too vague. This
proposed definition has been upheld bY
the courls as reasonable and consistent
with the Clean Water AcL and is being
retained in the fmal regulation.
However. we do agree that vegetative
guides and other background material
may be helpful in applying the definition
in the field. EPA and the Corps are
pledged to work on joint research to aid
tn Jurisd~ct~on. sl detern~ation~.
develop ~ mat~ we w~ ~e
· em av~eble ~ ~e
O~er co~ent~ a~ested ~at we
expand ~e ~st of ex.pies ~ the
second a~ten~ of ~e weOand
definition. ~ile ~eir s~este8
ad~o~ ~uld legally ~ added, we
have not done so. ~e list
examples o~y, and does not
~ta~on on ~e basic definition. We
a~ ~]uctant lo atari expand~ ~e lisL
~ce ~e~ a~ many kinds of wefl~ds
whi~ co~d be ~ude~ ~d ~e
cou~ ~e ve~ ~wieldy.
~ bddi~on, we w~b
as examples, not o~y areas w~
gen~agy fit ~e we~d deRnitions, but
also ~eas which may or not meet ~e
dermi~on depen~ng on ~e part, ar
c~c~stances o[a given site.
an area ~eets ~e de~on, it is a
we~and for p~oses o~ ~e Clean Water
Act. whaler or not it falls ~to one
~e listed examples. Of
often ~en sol it ~ be one of ~e ~sted
examples.
A few commentets ~ted a~leged
~co~sistencies between ~e deRnition
of wet,ds ~ ~ 2~.3 and ~ ~.4:
~ile we see no inconsistent, we have
sho~ened ~e latter section as
o~.e~ort to el~inate u~ecess~
co,eats. "
Unvegetated Shallows: ~e of ~e'
special equate ~as listed in
proposal was "~vegetated shanows"
[~ ~.44~. Since special aqua~c a~as
are aubje~ to ~e pres~ptio~
be clearly defined so ~at ~e..pe~it~ -
au~o~ may ~adi]y ~ow whe~ to
apply ~e pres~pfi~e. We
unable to develop, at this time. a
deflation ~or unvegetat~ shallows
which was bo~ easy to apply and not
too inclusive or exclusive. The~fo~. we
have de~ded ~e wiser coupe is
delete unvegetated shallows ~m ~e
special aquatic area classification.
co~e. as wate~ of ~e United States.
· ey are still subject to ~e rest of the
Guidelines.
"Fill Mate~a1": ~e are temporarily
rese~in8 ~ 2~.311]. Beth ~e proposed
Guidelines and ~e proposed
Consolidated Pe~it Repletions
defined fi~ marshal as mate~al
discha~ed for the p~a~ pu~ose
replacing an aquatic a~a with ~land
or of ~an~ng the ~ttom elevation of a
water ~dy. rese~ to ~e NPD~
pm~am discha~ee with ~e ~me effect
which are primarily for ~e pu~o~ of
disposing of wests. Both proposals
solicited comments on this distinction.
refe~ed to as the prima~ pu~ose test.
On May ~g. ~9~. acting under a courl-
,c~ed deadline, ~:PA issued
ConsoLidated Permit Regulations whfe
the 404[b)(1) Guidelines ndem-~,~g was
still pending. These Consolidated
Regulatio,u contained a new de£u'dtion
of fill materi~ whir..h el~minated the
primary purpose test and in~uded as fill
material aU pollutants which have the
effect of fill, that is, which replace part
of the waters of the U~ted States with
dryland or which change the bottom
elevation of a water body for an)'
purpose. TI~ new del~,'tition is ~imllar
to the one u~ed befm'e 2977.
Ouri~ the se~on 404(b}(1}
rulemakin& the Corps has raised certain
questions abont the implementation of
such a definition. Because of the
importance of malting the Final
Guidelines available without further
delay, and because of our desire to
cooperate with the Corps in resolving
their concerns about fill material, we
have decided to temporar0y reserve
§ 230.3[~) pending further discussion.
This action does not affect the
effectiveness of the ConsoLidated Permit
Regulations. Consequently; there is a
discrepancy between those regulations
and the Corps. regulations, which ati~
contain the old definition.
Therefore. to avoid any uncertainty
from this situation, EPA wishes to make
clear its enforcement poLicy for
unpermitted disctmrges of solid waste.
EPA has authority under section 30~ of
the CWA to issue admL~Listrat~ve orders.
against violations of section 301.
Unpermjtted discharges of solid waste
.into waters of the United States.violate
section 301.
Under the present circumstar)ces. F..PA
plans to issue solid waste administrative
orders ~ith. two basic elements. First,
the orders will require the violator.to
apply to the Corps of lr-,~gineers for a
section 404 permit.within a specified
period of time. (The Corps has agreed to
accept these applications and to
them until it resolves its position on the
definition of fill material.)
Second. the order will constrain
further discharges by the violator. In
extreme cases, an order may require
that discharges cease hnmediately.
However. because we recognize that
there wi.Il be a lapse of time before
decisions are made on this ~:ind of
permit application, these orders may
expressly allow unpermitted discharges
to continue subject to specific conditions
set forth by EPA in the order. These
conditions will be designed to avoid
further environmental damage.
Of course, these orders will not
influence the ult,,mate issuance or non-
issuance of a permit or determine the
conditions that may be specified in such
a permit. Nor will such orders limit the
P. 69
8S342 Federal Register ! .Vol. 45, No. 249 ! Wednesday, December 24. 1980 ! Rule· and Regulation·
Admtnistrstor's authority unde~ _.~ction
~os(b) or the rlaht of a ~ttzen to b~
suit ~al~t S ~olat~ ~der se~on
o~ ~e
Pe~ftt~ Au~o~ ~e have·used
· e new te~ "pe~ au~o~,~
instead o~ "Ois~ ~neer,"
~ughoot ~ese ~lefions, tn
~co~ition o~ ~e fact ~et under ~e
~ amen~en~ approved States
also issue ~i~.
~veral co~en~ we~ conce~
about ~e ~lefionship be~e~ section
~ and approved ~este! Zone
~anagement [~) plane.
e~ssed conce~ ~at ~e Guidelines
might au~o~e a ~s~a~e p~bited
by a ~ plan: o~en objected to ~e
tact ~at ~e Guide~nes might p~hibit
dischn~e whi~ was ~nsistent ~ a
C~ plan.
Under section ~7[b) of ~e ~ AcL
no Federal pe~ may be issued ~til
· e applicant ~shes a ce~fion
· at ~e disease is consistent ~ an
approved ~ plan, ~ ~e~ is one, and
'~e State conc~ ~ ~e ce~cation or
waives ~ew. Section 3~.2[b){2) of the
Co~s' ~le~o~ w~ applies to aH
Federal ~ pe~fte. ~plements ~s
~qui~ment for section ~. ~ouse
~s' regulafious adequately ad~ss
· e C~ consisten~ ~q~ment, we
have not duplicated j 3~.2~]{2) ~ ~e
Guidelines. ~e~ a State issues State
~ pe~its, it may of co~e
consisten~ ~ its C~ plan ~nder
State law.
~e second conce~ ~at ~e ~
Guidelines ~i~t be s~cter~an a C~
plan. points out · Possible problem ~
~ plans, not with ~e Guidel~es.
Under ~7[~ of ~. all ~ plans
must p~vide for compliance with
applicable requirements of ~e Clean
Water Act ~e Guidelines ere one such
requiem·at Of coupe, to ~e extent
that a ~ plan is general and a~a-
wi~e. it ma~ be ~possible to include
its development ~e same project-
spec~c co~ideratioh'of ~pacts and
alternatives requi~d ~der the
Guidelines. Nonetheless, it ca~ot
eutho~ze or mandate a ~s~e~e of '
dredged or fill marshal which fails to
comply ~ tbs ~qui~ments of ~ese
Guidelines. Often C~ plans contain a
requiem·at ~at all acfi~ties ~nducted
under it meet ~e pe~it r~ui~ments of
the Clean Water AcL ~ su~ · case,
·ere could of co.se be no ~nflict
between ~e CZ~ plan and ~e
requirements of ~e Guidelines.
We agree wi~ co~ente~ who ~e
~at delay and duplication of e~o~ be
avoide~ by consolidating alternatives
studies ~quired under different statutes,
including the Coastal Zone Manageme...
Act. However, since some plea.nih8
proceues do n~t deal wtth specific
p~jectL their consideration
alt·maUves.may not he sufficient for the
Guidelines. ~Nhere another alternative
analysis is less complete then that
contemplated under section 404, it may
not be used tn weaken the requirements
of the Guidelines.
Advanced ldenti.qcafion of Dredged or
FiLl Material Disposal Sites
A large number of comment·rs
objected to the way proposed ! 230.7I},
new Subpart L had been changed f~om
the ~I9'/5 regulattons..A few objected to
the section ltse].[ Most of the conunents
also revealed · mistmderstan,~i~.~a about
the signif~nce of ident. LfFing an area.
· First. the fact that an area has been ....
identified as unsuitable for a potential
discharge site does not mean that
someone cannot apply for and obtain a
permit to discharge there as long as the
Guidelines and other applicable
requ.irements are satisLt'ied.' Conversely,
the fact that an area has been identi.qed
as s potential site does not ~cean that a
permit is unnecessary or that one v~,'ll
automatically be forthcoming. The intent
of this sectioti was to aid applicants by
giving advance notice that they .would
· have a relatively easy or dif~cult t. Lme '
qualify/tag for a pet-~t to use particular '
areas. Such advance notice should
facilitate applicant planning and shorten
permit processing time.
Most of the Objectors focused on
EPA's "abandonment'* of its *'authority"
to identif~ ~itea. While that "authority"
is perhaps less "authoritative" than the
comment·rs suggested (see above}, we
agree that there is no reason to decrease
EPA's role in the process. Therefore, we
have changed new § 230.B0(a) tn read:
"Consistent with these Cuidelinen.
ant4 the permitting authority on their own
initiative or at the request of any other party,
and after consultation with an), affected State
that is not this permittin~ authority, may .
identify sites which will be considered as:'
We have also deleted proposed
§ 230.?0(a][3], because it did not seem to
accomplish much. Consideration of the
point et which cumulative and
secondary impacts become
unacceptable and warrant emergency
action will generally be more
appropriate in · permit-by-permit
context. Once that point has been so
determined, of course, the area can be
identified as "unsuitable" under the new
§
· EPA ma)' foreclose tbs use of at site by
exe~-zstn~ itt au~n~ ~r ~uon ~c}. ~e
sdvan~ identifi~Uon ~f~ ~ ~ t~s ~tion b
not a lection ~{c} ~bitio~..
Executive Order ~044
A number of comment·rs took the
position that Executive Order 12044
requires EPA to prepare a "regulatory
analysis" in connection with these
regulations. EPA disagrees. These
regulations are not. strictly speaking,
new regulations. They do not impose
new standards or requirements, but
rather substantially v. lari~ and
reorganize the existing interim f'mal
regulations
Under EPA's criteria'implementing
E.~ecutive Order 12044. EPA wffi prepare
a Regttlatory Analysis for any regulation
which imposes o~o*/~ono/annual coats
totalling $'100 million or which wOl result
tn a-total od~t/o~ cost of production
of any major product or service which
exceeds 5~ of its selling price. VV'hiie
many comment·rs, particularly
members of the American ,Association
of Port Authorities (A. APA), requested a
regulatory analysis and claimed that the
regula,tions were too burdensome, none
of'them explained how that burden was
an oo~c~/tiono/one att3'ibutable to this
revision. A close comparison of the new
regulation and the explicit and implicit
requirements in the interim t'mal
Guidelines reveals that there has been
very little real change in the criteria by
which cllsche.rges are to be ju~ed or in
the tests that must be conducted;
therefore, we stand by our original
detern~ination that a regulator~ analysis
is not requirecL
Perhaps the most significant area in
which the regulations are more explicit
and arguably s~"tcter is in the
consideration of alternatives, However,
even the ~9'/5 regulations required the
perilling authority to consider "the
availability of alternate sites and
met.hods of disposal that are less
damaging to the environment,*' and to
avoid activities which would ha'va
significant adverse effects, We do not
thin]~ that the revised Guidelines' more
explicit direction to avoid adverse
effects that could be prevented through
selection of a clearly less damaging site
or method is a change imposing a
substantial new burden on the regulated
public,
Because the revised regulations are
more e.xplicit than the interim final
regulations in .some respects, it is
possible that permit reviewers will do a
more thorough job evaluating proposed
discharges. This may result in somewhat
more carefully drawn permit conditions.
However, even if. for purposes of
argumenL the possible cost of complying
with these conditions is considered an
oc~/~io~o! cost. there is no reason to
believe that it alone will be an.wvhere
near $'X00 million annually.
· -- , P. 70
We also believe that it is appr~ te
to recognize the regulst0r~ benefh. ,rom
' these more cerefuli)' drafted £mal
regulations. Because they are much
clearer about what should be considered
and documented, we e. mq~ci there wU}
be fewer delays in review~ l~rrnita.
end that initial decision,, to issue
permits are ]ese likely to be appealed to
higher authority. These benefits are
expecled to offset any potential cost
increase.
Some c'ommenters su~ges'~ecl that
documentation recru.irements would
generate an additJonal cost of
opera,ions. The Corps' procedure]
rein.clarions at 33 CFR 32~.8 and
already requ,h'e extensive
documentation for individual per~its
bain4 denied or being referred to higher
authority for resolu0on o{' · conflict
between agencies.
E~onomic Facton
A number of commeniere asked EPA
to include considere0on of economic
lectors in the Guidelines. Wa believe
that the regulation already recognizes
economic factors to the extent
cohtempleted b.v the statute. FirsL the
Guidelines explicitly include the concept
ot' "pracOcabiliry" in connection with
]:>o4 alterr, a'~ves and steps to
impacts. If en ~,lieNed alternative is
unree.on, ab}y expensive to the
applicar~, the alternative is not
"practicable." In ecldifion, the
Guidelines also consider economics
inriirect]y in that they are .,t~.uctured to
avoid the expense of unne,'eeaary
te,,ting through ~be "reason.to-believe-
teat." Sec_-o-~_ci. the statute e~p~eaaly
' provides tha't ~he economics of
anchoreEe and navigation me), be
considered, bu! only after application
the section 404{b){~.) Guidelines. [,~ee
section
Borrow Sites
A numbe~ of highway d~parL'nen.~
objected because ~hey felt the
Guidelines would require them to
identify specit3c borrow sites at the th'ne
of application, which would disrupt their
normal contracting process and increase
cost. These objections were based on a
. misunderstanding of the Guideline'a
requirements. Under those Cuidelines.
the actual borrow sites need not be
identified, if the application and the
permit speedy ~at the disch~'ge
materiel must come fromclean upland
sites which ere removed ~rom sources of
contamination end otherwise satisfy the
reason-to-believe test. A condition that
the materiel come from such a site
would enable the permitting authority to
make his detercfinetions and find
compliance with the conditions
! ~SO.~O, without requirin~ highway
depart~ent~ to specify in advance the
specific borrow sites to be used.
A3en~
One ~enter w~nted us to put ~ a
e~t~nl ~at ~e Fich and WB~e
Coo~a~on Act ~q~e cons~ta~on
with fi~h ~d ~l~ife a$~ncies. We. have
not added new l~a~e because [1] ~e
Fish ~nd WB~e Act o~ apples to
Federal ~t~ e~en~ee ~d not to
~tem pe~t~ egen~,
eu~ consultation b~ ~e o~ Federal
~ pe~it~ agent. Howard. we
a~ee ~ ~e co--enter ~t Fe~rel
~d State fish ~d
often p~vide valuable essence
eveluaO~ ~e ~ecU
~ed~ed or fi~ ~ete~al.
~e ~~ o~ Appmp~te
D~entafion
5~c~c documentation is ~porieni
to ensure an ~de~tan~
for each decieion to allow. ~n~0on. or
p~hibit a discha~e ~o~h appDca~on
o~ ~e Guidelines. Oocumenteiion
in~o~etioh ia required
de~a gathered ~ ~e evelue~on end
teeing of ~e ex~ec~nn site,
maten~ to be disch~ed.
disposal site: [2} ~ctual ~ete~efione
regerd~g ~anges ~at ~n be e~ted
at ~e diepoaal eite'~ ~e dia~a~e is
made as propoae& end [3) finings
~gard~.compli~ce wi~ i ~.~0
conditions. ~ doc~en~Oon provides
a ~cord or acOom t~en
evaluete~ for adeq~c~.
and e~s conai~afion
~po~ent ~pec~
propo~d ~s~e o~ ~d~ed o~ ~]
mete~al.
~ epec~c ~o~etion d~c~ente8
~der [~) and [2) above ~ an~ given
case depends nn ~e level
~ve~tlgation necess~ to pm~de for a
~aeonable ~d~t~d~ of ~e ~ct
on ~e aqua~c e~sy~te~. We
anticipate ~t a n~ber of individual
and most ~neral pe~t appli~tiom
~B be for rou~e. ~or ec~es
little potential for ei~ificant adver~
enviro~ental impacts. ~ su~ cases.
· e pe~t~g au~o~ wi~ not beys to
require e~tensive ~s~g or.~i~sie to
make his findus
level or do~entation aho~d ~flect
· e ei~fi~ end ~mple~t~' of ~e
proposed ~e~a~e acOvity.
Facial
~poaed aecOon ~.~. "~aoual
Dete~ations" [now ~ ~0.~) has
been si~fi~ntl~ reordered
response to ~ents. Fi~t. we have
:hanged (e} t~ reflect our elimination of
the artificial distinction between i.~e
section 307{a){1} toxics and other
contaminants. Second. we have
eliminated proposed (fl (Biological
Availability). since 'the necessary
information will be provided by {d) end
new tel. Proposed [0 was intended to
reflect the presumption that toxics were
present and biologically available. We
have modified proposed (g}, now (r}, to
focus on the size of the dispose] site and
the size and shape of the mi~ng zone.
The specific requirement to document
the site has been deleted: where such
information ia relevant, it will
automatically be considered in
the other determinations. We bays also
deleted proposed th) (Special
Detenninations]'since it did not provide
any useful tn/ormation which would not
already be considered in ~ the
other factual determinations.
Finally, in response to many
comment-, we have moved the
provisions on cumulative and secondeD'
impact to the Factual Determination
section to give them further emphasis.
We agree that such impacts are an
important consideration in evaluetir~
the acceptability of a discharge site.
Water Quality Standards
One con, mentor was co,corned that
thb reference ~ 230.10(b) to water
quality stand~rcls ami criteria
"approved or promu~ated uncler ~ec~ion
303" might encourage pennis authorities
to ignore other water qualit),
requirements. Llnder section 303. all
State water quality standards are to be
submitted t~ EPA for-approvaL If the
submitted standards are incomplete or.
insu.~citntly at:ri.r~ent, EPA may
promulgate sta. ndants to replace or
supplant the State standards.
Disapproved standards remain in effect
until replaced. Therefore, to refer to
"EPA approved or promulgated
standards" is to ignore those State
standards which have been neither
approved nor replaced. We have
therefore changed the wordin~ of
requirement as fol~ws: ..... any
applicable State water quality
standard." We have also dropped the
reference to "criteria", to be consistent
with the Agency's ~enere] pmition that
water quality criteria are not regulatory.
Other Requirements for Discha~e
Section 230.t0(c) provides that
discharges are not permitted ii' they
have "sign~ficantl)~" e~iver~e eflects on
various aquatic resources. In this
context. "significant" and "aignii'~cantly'
mean more than "trivial", that is.
significant in a conceptual rather th~n a
statistical sense. Not all effects wbic~
P. 7~l
are ItatllfiCally Bi~ificant in the
laborsto~ I~ s~canfly.ldvenL
~c~on 3~.l~d) abel ~ te~
~aBOn~ble ~duc~on b impa~ ~
obtaine~ Al ~dJ~ted by ~
"appmp~ate ~d p~c~ble'
Ite~l w~ wo~d ~ ~asonab]y
costly or wo~d ~ ~easible or
wo~d a~mp~ o~y ~conBequen~
~du~om ~ ~ps~ need not be t~e~ '
' Ws~ B~
Habi~t development ~d
~volve ~es ~ o~n water ud
we~ds ~at ~e adve~e e~ecm
o~ p~posed chess or ~at neu~al~e
or ~ve~e ~e e~ec~ ofpilt ~a~el on
~e e~lystem. ~velopmeat may
produ~ a new or mo~fied ecolo~l
state by ~splacement of some or a~
~e e~s~ end. entel
cha~acte~sO~. Resto~on has ~e
poten~ to ~ decoded
en~onmenb to ~e~ foyer
state.
Habitat development and ~store6on
can con~bute to ~e ma~tensnce and
e~ancement of a ~able aquatic
ecosysie~ at ~e ~s~e site. F~m
en~o~enta] po~t o~ ~ew. ~ project
invol~ ~e disease o~ ~edeed smd
~11 marshal shoed be desired and
manaeed to em~ate a nst~al
ecosystem. Reseat. demons~ation .
pmje~l, and ~ s~le ~plementation
development and ~sto~o~ ~e
Fish ~d W~dl~e Sauce hms
to d~velop and ~sio~ habitaL ~e
~y ~eer Wste~sys
Stolon has published ~de]~es for ·
usin~ ~ede~d marshal
wetland habttaL for establis~ ma~h
vegetation, and for buildin$ islands
a t tract colonies of nesti~ birds. ~e
~A has a Clean ~kes p~gram which
supplies ~nds to States and localities to
enhance or ~sto~ de~eded lakes. ~is
may ~v~lve dredging mutant-laden
sediments from · lake end easing
nu~ient i~ows to ~e lake a~
con.oiled. Restoration and habitat
~evelopment tec~iques can be used to
minimize adveoe ~pectB end
compe~ate for des~oyed habitat.
Resto~tion and habitat development
may also pro.de seconda~ behests
such a~ improved oppo~unities for
outdoor re.cation and posibve use for
~edged materials.
The development end mstoretiun o~
viable habitats ~ water bo~eJ requires
planing ~d cons~ction practices
integrate ~e new or improved habitat
into ~e exisfi~ en~onment. Pla~ing
requires · model or stanCard, the
achie~;ement of w~ is attempted by
manipulaLtn~ delian and implementation
of the acLtvity. 'Z'hb model or standard
should be based on cha~'actertstics of a
natural ecosystem in the vicinity of
proposed activity. Such use or a natural
ecosystem ensures that the developed or
restored area, once established, will be
nourished and maintained physically,
chemically and bioloetcally by natural
processes. 5oma examples of natu~l
ecosystems include, but ar~ not limited
to, the following: salt marsh, cattail
marsh, turtle ~'ass bed, small island, etc.
Habitat development It}d restoration,
by definition, should have'
enviromnental enhancement
maintenance as the~ ~tial purpose.
Human uses may benefit but they are
"not the prima~ pu.~ose. Where such
projects are not fo~ded en the
objectives of maintainin~ ecosystem
function and integrity, some values may
be favored at the expense of others, Tbs
ecosystem affected must be considered
tn order to achieve the desired result of
development and restoration. In the
final analysis, select, on of the
ecosystem to be emulated is of critical
importance and a loss of value can
scott ff the wror~ model or an
incomplete model is selected. Of equal
importance is the planning and
· management of habitat development
and restoration on a case-by-case basis.
Specific measures to minimize
impacts on the aquatic ecosystem by
enhancement and restoration projects
include hut .are not limited to:
[1) Selecting the nearest similar
natural ecosystem as the model in the
implementation of the ac2vity;
Obviously degraded or significantly
less productive habitats may be - '
considered prime candidates for habitat
restoration. One viable habitat,
however, should not be sacrificed in'an"
attempt to create another, i.e.. a
productive vegetated shallow water
area should not be destroyed in an
attempt to create a wetland in its place.
(2) Using development and restoration
techniques that have been demonstrated
to be effective in circumstances' similar
to those under consideration wherever
possible.
(3) Where development and
resto~tion techniques proposed for use
have not yet.advanced to the pilot
demonstration or implementation stage,
initiate theirUae on a small scale to
allow coo'active action if unanticipated
adverse impacts occ~.
(4l Where Federal funds are spent to
clean up waters of the U.S. through'
dredgi~, scientifically defensible levels
of pollutant concentration in the return
discharge should be agreed upon with
the funding authority in addition to any
pplicable water quality standards in
order to maintain the desired improved
water quali~.
[$) When a slgnL~cant
change in the aquatic environment is
proposed by the discharge of dredged or
fill material the per'mittifl8 authority
should consider the ecosystem that will
be lost as well as the envb'enmentsl
benefits of the new system.
Doted: December 12.
Part 230 is revised to read as follows:
PART 230--S£CTION
GUIDELINES FOR SPECIFICATION OR
DISPOSAL SITES FOR DREDGED OF.
FILL MATERIAL
SubpIrt A--Oener~
g20.2 i~'3mse .ad polt~.
~...~ .~, Appll~blllty.
~ner~ p~d~. to ~ fo~owet
AdapMbiB~.
~neml
~.10 Rei~ctio, on ~s~a~e.
~.31 Fu~ dete~t~t~o~
~.32 Fm~ of ~mp~ or non-
~mpliance ~ ~e ~s~ctio~ on
~ S~nded p~c~tes/t~i~t~.
Water.
C~nt patte~ ~d water
~.24 No~] water ~uct~ons.
~.~ Salinity ~radienta.
5ub~d ~otentMI Impala ~ Biol~i~l
C~m~e~ of ~e Aq~flc l~system
230.M ~atened ~d en~nge~d species.
~.3~ F~s~ ~s~cet~. mollusks, and
other aquatic o~anisms ~ ~e food web.
~.32 O~er ~i~Re.
~ E~otefl~ Im~ on S~c~l
Aq~tic ~
~.~ San~ua~el and ~fuges.
~0.4~ WeO"a~.
~,42 Mud ~atl.
~.43 V~etated shallows.
~,~ ~ral
~.45 ~e and ~ol complexes.
~b~fl ~oten~! Efl~ ~ Hu~n UM
~ ' ~icipal and p~vate
supplies.
~.Sl Relational and co~ercial
fishe~es.
~ Water-~ated ~atio~
~3 Aes~e~o.
P. 72
monuments, ~ationel
wi~de~eas a~as, ~a~ sitel and
evaluation an~ testis.
Subpl~ ~A~ ~ Mi~l Adve~
Act~a. ~n:e~
Across ~n~t~ ~e mete~a] to be
A~io~ ~n~Ili~ ~e ~a]
Ac~ ~ta~ to ~.
Actions ~ plant ~ ~ma]
populationL
~.~ Ac0om affec~ h~an use.
Pr~l~ ~
~0.~ ~vanced identi~tt~ of di~sa]
autho~ty ut Sec0on~ G(b} ~ ~l(a] o~ the
Clean Water AO of 1~. ~ U~.~ J l~{b}
and }
Subp~ A~neral
ts) ~e'pu~ose of
1o restore and maintain ~e ~emical,
physi~l, sad biological inie~ of
wate~ of ~e United States ~h ~e
con~ol off ~scha~s
[b) Con,tess ~s ~xpressed a number
o~ policies in ~e Clean Water Act.
These Guidelines are ~tended to
consistent with and to imp]~mem those
policies.
[c) Fundamental to these Guidelines
the p~cepl ~at dredded or Fd] material
should sol be discha~ed into
ao=atic ecosystem, unless
demonstrated ~at s~ch a ~s~a~e will
not have ~ ~acceptable adverse
impaci either ~dividuai]y or
combinaOon wi~ ~own and/or
probable impacts of o~er activities
affecting ~e e~systems o~ conce~
{dj From a na~o~l perspective,
de~radati~ ~ des~cfion of special
aquatic sit~, au~ as ~llin~ operaOo=s
~ weO~d~ is ~nsid=ed to be amon~
the most seve~ enrichments] impacts
covered by ~ese Guidel~=s. The
~idin~ p~ciple should ~ that
de~redatio= or ~s~cOon of special
sites may rep~sent ~ i~eve~ible loss
or valuable aquatic reso~es`
(al Th~-ee Guidelines b, mve been
developed by the ^dmin~trator of the
Enviromnental Protection Agency in
. conjunction wit. k the Sanitary of the
A. rmy acting throu(~h the Chief of
Engineers under section 4o4[b]11] ~' the
Clean Wat~ Ant {33. U.S.C. 1344). T~
Guidelines are applicable to the
specification of disposal sites for
discharges n[ cb'edged or fill rtl.eternal
into waters of the United States` Sites
ma}; be specified thro~
(2) The regulatory ]='oS'ram of the U,S.
Army Corps of F.~ineers under sections
404(a) and [e) of' tbs Act [see 33 CFR
3~0, 323 and
.(2) The civil works program or the U.S.
.a,~-n~¥ Corps of Engineers {see 33 CFR
209.145 and section 150 of Pub. L 94-587,
Water Resources Development Act of
lg76):
[3} Pen'nit programs of' States
approved by the. Administrator of the
Environmental ~otect.ion Agency in
accordance wiLh sections 404(g} and
of l~e Act [see 40 CFR 22.?., 223 aT~:l
(4} Statewide dredged or till material
regulatory pro,'ams with beat
management pract~es approved under
section 7.~(b}{4){B} and {C] of the Act
[see 40 CFR
[5) Federal const~ction projects
which meet criteria speci~ed in section
404(r) of the Act.
th) These Guidelines will be applied.
in the review .of. proposed disc. barges of
dredged or f',]] material into navigable
waters which 16e inside the baselme'
from which the territorial aaa is ..
measured, and the clis~harge of fill
material into the territorial'aaa: pursuant
to the procedures referred to in
paragraphs ts){1} and ts){2} above. The
discharge of dredged material into the
territorial sea is governed'by the Marine-
~otection. Research. a.nd Sanctuaries
Act o~ 2.~72. Pub. L. 92-532. and
regulations and criteria issued pursuant
thereto [40 CFR Part
[c) Guidance on integrating and
implementing these Guideline5 ma)' be
prepared jointly by EPA and the Corps
at the national or regional level from
time to time. No modifications to the
basic application, meaning, or intent of
these Guidelines will be made without
n~lemakin8 b). the Adn~inia~'atnr under
the Administrative Procedure Act {5
U.S.C. 55~ eZ
§ 230.3 DefinltlonL
For purposes o~ this Part, the
following terms shall have the meanings
indicated:
ts} The tara "Act" mear~s the Clean
Water Act (also known as the Federal
Water Pollution Centre] Act or FWPC, A)
Pub. L. ~.-.500, as amended by Pub. f-
95-~7, 33 LI.S.C. 1~2, eg seq.
ab} The ter~ "ecl]scent"means
bordering, contiguous, or neighborix~.
Wetland~ separated from other wate'~
of the United States by man-made dikes
or barriers, ~atural river ben~L beach
dunes, and the like are "adjacent
wetlands.'
' (c) The terms "&qua'tic e~vironment"
and "aquatic ecosystem' mean waters
of the United States. includin~ wetlands.
that le~e e.a habitat fur interrelated and
interacii~ cmmmmiti~ and pol~latic~s
of plants and animals.
[d) The t~r~ "camier o~ contamiv, a.~t'
means d.r~t~d or fill material that
contains contaminants.
(e] The term 'contaminant' means a
chemical or biological pubstance in a
form that cas'be incorp~', ated Late. onto
or be ingested by and that harms
aquatic urge'hiatus, consumes of aquatic
organisms, or u~ers of the aquatic
environment, and includes butis not
limited to the substances on the
307{a]{1} List of'toxic pollutants
promul$ateg on January 3'L. 1g'/8 {43 FR
{fl [Reeervecl]
[g} [Reae~ed]
{h) The term "dischaqe point" means
the point within the disposal site et
which the dredged or fill material is
released.
(i] The term "diSposal site" means
that portion of the "waters of the United
States" where specific disposal
activities are permitted and consist of a
bottom surface area and an}' overlying
volume of' water. In the case of wetlands
on which surface water is not present.
the disposal site consists nj' the wetland
surface area.
(il [Reserved]
(k] The term ~'extra,'tion site" means
the place from which The dredged or fLU
material proposed for discharge is to be
removecL
{1) [Reserved]
{m) The term "mixing zone" means ·
limited volume of water serving as a
zone of initial dflutiun in the irArnediate
vicirdty of a dis~karge point where
receiving water quality ma)' not meet
quality standards or other requirements
otherwise applicable to the receivi~
water. The mi~ing zone should be
considered as a place where wastes find
water mix and not es e place where
effluents are treated.
(n) The term "permittin8 euthorit)."
means the District Ena~neer of the U.S.
Arm). Corps o! Engineers or such other
individual as may be designated by the
Seocetary of the Ann)' to issue or deny
permits under section 404 of 1.be Ac~: or
the State Director of a pennia program
P. 73
approved by l/PA under ! 404(S) and
t .404~} or his delegated representat~
[o) Tl~e term "pollutant" me&ns
dre~ed spoil, solid waste, incinerator
residue, sewage, garbage, sewage
sludge, munitions, chemical wastes.
biological materials, radioactive
materials not covered by the Atomic
F. ner~ AcL heal wrecked Ur discarded
equipmenL rock. sand. cellar dirt, and
L~dustrial. municipal and agricultural
waste discharged into water. The
legislative histo~ oi~ the Act reflects that
"radioactive materials" as included
within the def'mitiun of "pollutant" in
section 502 or the Act means only
radioactive materials which are not
encompassed in the del'tuition/~! source,
byproducL or special nuclear meterlals
.as defined by the Atomic Enerio' Act of'
1954. as emended, and regulated under
the Atomic Ener~ Act. F. xamples of'
radioactive materials not covered b~' the
Atomic Ener~ Act and. therefore,
included within the term "pollutant", are
radium end accelerator produced
isotopes. See Tmi~ v. Colo~do Public
lnte~st lt~set;~ Gt~t;p, Inc., 428 U.S.
[p) The term "pollution" means the
man-made or men-induced alteration of
the chemical, ph:.'sicaL biological or
radiolngical integrity of an aquatic
ecosystem.
(qJ The term "practicable" means
available and capable of help4 done
after taking into consideration cost.
· existin,~ tecknoloD', and logistics in light
of overall project purposes.
(q-lJ "Special aquatic sites" means
those sites identified in Subpart E. The)'
are geographic erase. !ergs or small.
possessir~ special ecolosic/d
characteristics of productivit)', habitat.
wildlife protection, or other important
and easily disrupted ecological values.
These areas are generaIl), recognized as
significantly influencing or positively
conu'ibuting to the general overall
environmental health or vitality of the
entire ecosystem of a region. [See
(r] The ter~ "territorial sea" means
the belt of the sea measured from the.
baseline as determined in accordance
with the Conventon on the Territorial
Sea and the Contiguous Zone and
extending seawa~ s distance of three
miles.
fa) The tarts "waters oLthe united
States~ means:
(1] All waters which are currently
used, or were used in the past, or ma),
be susceptible to use in interstate or
~oreign comme~e, including all
which are subject to the ebb and flow o~'
the tide:
(2] All interstate waters including
interstate wetlands;
(3) All other wate~ such as intrastate
lakes, rivers, streams [in~ludin~
intermittent streams), mudflata.
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, plaits lakes, or
natural ponds, the use, degradation or
· destruction of which could affect
interstate or foreign ~ommerce including
an), such waters:
(il Which are or could be used bi,'
interstate or foreign travelers for
recreational or other purposes; or
[ii) From which Fab or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
[iii) Which are used or could be used
for industrial purposes bi,' indus.tries in'
'interstate commerce;
[4) All impoundments o1' waters
otherwise dei'uned as waters of the
United States under this del'mitten..
[5) Tributaries o! waters identified in .....
paragraphs (1}-(4) of this section; (6] The territorial sea:
[?) Wetlands adjacent to ~aters
(other than waters that' ar~. themselves
wetlands) identified in paragraphs
[1}--{6) o! this section; waste treatment
systems, including treatment ponds or
lagoons des~ned to meet the
requirements of CWA (other then
cooling ponds as defined in 40 CFR
§ 4Z3.11(m) which also meet the criteria
of this dst'tuition) are not.waters of the
United States.
(t) The term "wetlands" means those
areas that are inundated or saturated blt
ear'ace or ground water at · frequency
and duration auiticient to support, and
that under normal circumstances do
support a prevalence of. vegetation
typically adapted fo~ life in saturated
soil conditions: Wetlands generally'
include swamps, marshes, bogs and
similar areas.
~ 2SO.a Orga~ -
The Guidelines are divided into eight
subparts. Subpart A presents those
provisions of general applicability, such
as purpose and del'mittens. Subpart B
establishes the four conditions which
must be satisfied in order to make a
finding that a proposed discharge of
dredged or till material complies with
the-Guidelines. Section ~.,~.11 ti' Subpart
B, sets forth factual determinations
which are to be considered in
determining whether or not a proposed
discharge satisfies the Subpart B
conditions of compliance. Subpart C
describes the phltsical and chemical
components of a site and provides
guidance as to how proposed discharges
tit dredged or fill material ma), affect
these components. Subparts D-F detail
the special characteristics of particular
aquatic ecosystems in terms of their
values, and the possible loss of these
~ues due to discharges of dredged or
material Subpart G prescribes a .
number of physical, chemical, and
biological evaluations and testin~
· procedures to be used in reaching the
required factual determinations. Subpart
H details the means to prevent or,
mimtmtze adverse effects. $ubpart I
concerns advanced identification of
· disposal areas.
! ~.$ ~e.eral proc~ures to
tollowe~L
In evaluatir~ whether a particular
discharge site may be specified, the
permitting authority should use these
Guidelines in the following sequence:
{a] In order to obtain' an overview
the principal regulatory provisions o~ the
Guidelines, review the restrictions on
discharge in § ~.30.10[a)-4d), the
measures to mimimize adverse impact
Subpart H, and the required factual
determinations of
(b) Determine ff a General permit
[§ Z30.?.) ia applicable: II at, the
applicant needs metal), to comply with
its terms, and no further action b), the
permitting authority is necessa~.
Special conditions for evaluation of
proposed General permits are contained
in § 230.?. Ii the discharge is uot¢overed
'b), a General permit-'
lc) Examine practicable alternatives
'to the proposed discharge, that ia. not
discharging into. the waters of the U.S. or
discharging into an alternative aquatic.
site with potenttalllt less darna$ing
consequences [I.
[d) Delineate the candidate dispoial
site consistent with the criteria and
evaluations of ~
fa) Evaluate the various physical and
chemical components which
characterize the non-living environment
tir the candidate site, the a-bstrate and
the water including'its dynamic /
characteristics ($ubparl Cl.
(t') ldentif), and evaluate an}' special
or critical characteristics of the
candidate disposal site, and surrounding.
areas which might be affected b~' use of
such site. related to their living
communities or human uses (Subparts D,
E. and Fl.
[g) Review Factual Determine tithe in
§ 230.11 to determine whether the
information in the project file is
sufficient to provide the documentation
required b), § ~0.11 or to perform the
pre.testing evaluation described in
§ Z30.60. or other in/trusties ia
neceaaalT.
Ih) Evaluate the material to be
discharged to determine the possibility
of chemical contamination or physical
incompatibility of the material to be
discharffed [§
: , P. 74
Federal Register [ ,V. i$, No.' 249 / Wednesday, December 24 80 ! Rules and Regulations 8.5a47
· (il I~' there is a ~l~. bls probability
oir chemical contamination, conduct the
appropriate tests a~otdin8 to the
section on EvaluaUon -~d Testing
(j) Identity approprtatl end
practicable changes to the project plan
to minimize the environmental impact of
the discharge, baaed upon the.
specialized methods of minimization of '
impacts L~ Subpart H.
(k) Make and document Factual
Determinations ia ~ 230.11.
(1) Make and document Fiadings
Compliance (§ ~0.1~1 by comparing
Factual Determinations with the
requirements for discharge of § :Z30.10.
This outline ol the steps to follow in
using the Guidelines is simplified l~or
purposes of illus~'ation. The actual
process bllowed may be iterative, with
the results ot' one step leading to
reexamination oir previous steps. The
permitting authority must address all of
the relevant provisions of the Guidelines
in reaching a ¥iadinll oir Compliance in
an individual case.
§ 2:1o.8 Adaptsbilit~.
(al The manner in which these
Guidelines are used depends on the
physical, biological, and ciiemical nail:ts.
of the proposed extraction site. the
material to be discharged, and the
candidate disposal site, iacludin8 any
other important components o[ the
ecosystem being evaluated. ..
Documentation to demonstrate
knowied~ about the exh'action giro.
materials to be extractecL and the
candidate disposal site is an essential
component of guideline application.
These Guidelines allow evaluation and
documentation for a variety of activities,
ranging from those with large, complex
impacts on the aquatic environment to
those for which the impact is likely to be
innocuous. It is unlikely that the
Guidelines will apply in their entirety to
any one activity, no matter how
complex. It is anticipated that
subslantia] numbers of permit
applications will be Ior minor, routine
activities that have little, ilr any,
potenlial/or significant degradation oi'
the aquatic environmenL It generally is
not intended or expected that extensive
testing, evaluation or analysis will be
needed to make tlndir~s of compliance
in such routine cases. Where the
conditions for General permits are met,
and where numerous applications [or
similar activities ate likely, the use
General permits will eliminate repetitive
evaluatior~ and documentation Ior
individual discharges,
[b) The Guidelines user, iacludint~ the
agency or agencies responsib}e [or
implementin~ Lbs Guidelines, must .
recognize the difterent levels of eitort
that should be associated with varying
de~ees ot' Lmpact a~nd require or prepare
commensurate documentation, The level '
ot' documentation should reflect the
signiticance and complexity of the
discharge activity.
(c] An essential part of the evaluation
process involves making determinations
as to the relevance of any portion(s) of
the Guidelines and conducting further ·
evaluation only as needed. However.
where portions of the Guidelines review
procedure are "short form" evaluations,
there still must be sufficient information
[including consideration of both
individual and cumulative impacts) to
support the decision ot' whether to
specify the site for disposal o[ dredged
or fill material and.to.support ,the .....
decision to curtail or abbreviate the
evaluation process. The presumption
against the discharge ia § 230.1 applies
to this decision-making.
[d) In the case of activities covered by
General permits or 208(b)(i)(B) and
Best Management Practices. the analysis
and documentation required by the
Gui,lelines will be performed at the time
of General permit issuance or
:08(b)[4)(B) and lC) Best Management
Practices promulgation and will not be
repeated when activities are conducted
under a General permit or
.and {C) Best Management Practices .
control. These Guidelines do not require
reporting ot formal written
communication at t~e time iadividual
activities are initiated under a General
permit or 208(b](4)(B] and (C) Best
Management Practices. However, a
particular General permit may require
appropriate reporting.
§ 230.7 General permits.
[al Cond/t/on~ .for tl~e /s~on~e
~enero/~erm/Z~. A General permit for a
category of activities iavolvin8 the
discharge of dredged or fill material
complies with the Guidelines if it meets
the applicable restricgons on
discharge in § ~0.10 and if the
permitting authority determines that:
(1) The activities in such category are
similar ia nature and similar in their
impact upon water quality and the
.aquatic environment;
[21 The activities in such category will
have only minimal adverse effects when
performed separately: and
(3) The activities in such category will
have only minimal cumulative adverse
e~ects on water cluality and the aquatic
environment.
(bi Evo/uation process. To reach the
determinations required in paragraph la)
ot' this section, the permitting authority
shall set Irortb in writin~ an eval~ation of
the potential individual and cumulative
impacts of ~e catego~ of activities to
be re~ated ~der ~e General peril
While some o~ ~e info.alton
necessa~ Ior ~is evaluation can be
obtained from potential pe~ittees an~
othe~ ~u~ ~e p~posal o[ General
pe~its [or public m~ew, ~e evalaation
must be completed before any General
pe~it is issue~ and ~e results must be
published wi~ ~e rrna] peril
(I1 ~is eval~on sha~ be based
upon consideragon ot the prohibitions
listed ~ t ~.l~b} and ~e factors.
hated ~ t ~0.10(c}, an~ shall include
dot.anted ~o~ation supporting
each facial deracination in ~ ~30.11 o[ ·
the Guidelines (consideration o[
alternatives in { ~.l~a} are not
dire:tly applicable lo General ps.iisi:
[2) ~e evaluation shaU include a
preciie des~p~on of ~e activities to be
permitted ~der ~e General peril
expla~ng why ~ey are su~cieniiy
similar ia na~ and in
impact &o wa~nt radiation ~der a
sinale Cener~ pe~it based on Subparts
C-F o[ ~e Cuide[ines. Allowable
diEerences between activities which
will be radiated ~de~ the·same
Ceneral pe~it shall be specified.
Activities o~e~ise s~ilar in ~ature
may di~er ~ env~o~ental impact due
to their lo~tion ~ or near ecolosicaliy
sensitive area& a~as with unique
chemi~i or physical cha~cteristics.
areas.conta~ concen~ations of toxic
substances, or areas radiated for
speci~c h~an uses or by specific land
or water manasement plans {e.S.. a~as
re~lated ~der an approved Coastal
Zone Manaaement Plan). H there are
specihc geographic areas within the
pure'iow o~ a proposed Cenerai pe~it
(called a draft Ceneral pe~il under a
State 4~ pm~aml, which are mom
appropriately re~lated by individual
pe~it due to ~e considerations cited
this paragraph, they shall be clearly
del~eated in ~e evaluation
excluded ~om the pe~it. In addition,
· e pe~itting au~odty may require.an
individual pe~it for any proposed
activity ~der a General pe~it where
the nature or location of the activity
makes an individual permit more
appropriate.
(3} To predict cumulatit,e eEects, the
evaluation shall include the number o{
individual discharge activities likely to
be regulated under a Ceneral pe~it
until ils expiratio~ including repetition~
or individual discharge activilies at a
sLn~le location.
1~.75
8,~48 F~daral Register'/ Vol. '45. No. g49 / Wednesday. December ~4. ~ / Rules and Resulations .:
Not,.~uuse o~er bw~ ma~ ~ppIy
pafli~lar diseases and because ~e
o~ ~nee~ or State ~ a~ may have
sddi~onal p~sl end subsWna~ ·
~qu~ment~ a disuse ~m~
~ui~ment of ~e~ G~de~es wffi not
must ~ reel ~e ~mplianee ~aluafl~
se~ou~eso oI ~e put.fig lar adve~e
~psc~ on ~e equa~c e~systems
posed by ~e~fic ~ed or fgl
mate~al ~s~a~e
ia) ~cept as p~ded ~der
fill mete~al sha~ ~ pe~tted ~ ~ere is ·
· prae~cable alternative to ~e ~oposed
disease w~ would have less
e~ve~e ~pect on ~e aquatic
e~osystem, so ]o~ as ~e alte~ative
dues not have o~er sig~fi~ent adverse
envi~ental consequences.
[~) For ~e p~ose oI ~is '
~qu~emen~ prac~able alternatives
~lude. but a~ not ~mited to:
(i) A~tivities which do not ~volve a
disease o~ dredged or ~ mate~al ~to
the wale~ o~ ~e United States or ocean
wa
(ii) Discha~es o[ ~ed or
mate~al al o~er lo~afions ~ wate~
~e United States or ocean water:
[2) ~ alternative is pre,feeble
available end capable o~ being done
after takes into consideration cos~
e~sfing technics. ~d lo~stics in hght
o~ overall p~je~ p~ose~ ~ it is
o~e~se a practi~ble altema~ve.
area not presently o~ed by ~e
applicant whi~ co~d ~8sonabl~ be
obtained, utilized, expended or ~anesed
in o~er to fulhll ~e basic pu~ose of
~ pr~osed acgvity may be
considered.
(3] ~ere ~e aciivi~ associated with
a ~a~a~e whi~ is proposed for a
special aqua~c site [as defmed ~
Subpart E) does not req~ a~ss or
pm~ty ~o or si~ ~n ~e special
aquatic site ~ quesgon to f~ffi its basic
p~ose (i.e. is not "water dependent"),
p~cti~ble alternatives ~at do not
~volve s~cial aquatic sites a~
pressed to be available, ~ess ~early
demons~ated o~e~e. ~ ad~fion,
wh~e a disease is proposed for a
spe~al aqua~c site. all practicable
altema~ves to ~e proposed dbcharge
whi~ do not ~volve a dische~e into a
special aqua~c site are p~eumed to
have less adverse impact on ~e aquatic
ecosyste~ ~ess ~early demos~ated
othe~ise.
{4) For actions subject to
where the'Corps of Engineers is the
permittinl ~en~),. the ina)Fats
alternatives required for NEPA
environmental domiments, tn~udin8
supplemental Corps NEPA documents,
will in most cases provide the
information for the evalution of
alternatives under these Guidelines. On
occasion, these NEPA documents ma)'
address a broader range oI alternatives
than required to be considered under
this paragraph ar ma)' not bays
considered the alternatives in sufficient
detail to respond to the ~-quirements of
these Guidelines. La the latter case. it
may be nscessL'y to supplement these
NEPA documents with this additional
information.
[5) To the extent that practicable
.alternatives have been identified and
evaluated under a Coastal Zune
Management program, a § 208 l:='ogra~
or other planning process, such
evaluetiun shall be considered b)' the
permitting authority as part of the
cunsideration of alternatives under the
Guidelines. Where .,,ch evaluation is
]ess complete than that contemplated
under this subsection, it must be
supplemented accorctingly.
(bi No discharge of dre~ed .ar f'~ll
material shall be permitted if it:
{1) Causes ar contributes, after
consideration of disposal site dilution '
and dispersion, to viulations of any
applicable State water quality standard;
12) Violates esl' applicable toxic
effluent standard or p~hibition under
section :M? of the Act:
I3] Jeopardizes the continued
existence otr species listed aa
enda~ered or threatened under the
Endangered Species Act of lg~. as
amended, or results in likelihood of the
destruction or adverse modification, o.i'.a
habitat which is detenmned by th.e
Secretary o[ Interior or Conunerce, as
appropriate, to be a critical habitat
under the Endangered Species Act of
1973. as amended. I1' an exemption has
been granted by the Endar~ered Species
Committee. the terms of such exemption
shad apply in lieu of this subparagraph:
[4) Violates any requirement imposed
by the Secretary m' Commerce to protect
any marine sanctuary designated under
Title III of the Marine Protection.
Research. and Sancmarie} Act of.
(c) Except as provided under '
§ 404(b1(21, no dis~arge of dredged or
fill material shall be permitted which
will cause or contribute to significant
degradation of the waters oI the United
States. Findings of significant
degradation related to the proposed
disperse shell be based upon
appropriate factual determinations.
e~ aluations, and tests required b)'
Subparts B Lad C. after consideration oF'
Subparts CF. with special emphasis on
the ps. faience and permanence oI the
effects outl.ined in those subparts. Under
these Guidelines. effects contributing t¢
significant de~radation considered
individually or collectivel)', include:
Il) Significantly adverse effects of the
discharge o~ pollutants on human health
or welfare, includir~ but not limited to
effects on municipal water supplies.
plankton, risk shelifiak wildlife, and
special aquatic aires.
~2) Significantl)' adverse effects of the
discharge of polhflants on lile stages of
aqulntic Die and other wildlife dependent
on aquatic ecos)'stems, tncludi~ the
'transfer, concentration, and spread of
pollutants or their byproducts outside of
the disposal site through biological,
ph)'sical, and chemical processes:
[3] Significantly adverse effects of the
discharge of pollutants on aquatic
ecnsystem diversity, productivity, and ·
stability. Such effects ma), include, but
are not limited tn. loss ut' rah and
wildlife habitat or loss of. the capacity
a wetland to assimilate nutrients, purify
water, or reduce wave energy: or
[4) Si~',it'~canti)' adverse effects of.
discharge of pollutants un reereational.
aesthetic, and economic values.
(d) Except as provided under
§ 404(b][2). no discharBe af clred~ed or
fid material shall be permitted unless
appropriate and practicable steps have
'been taken which will minimize
potential adverse impacts of the
discharge on the aquatic ecosystem.
Subpart H identifies such possible steps.
§ ~30.'tl Factual eet~rrnir~Uofls.
The permitting authority shall
determine in writing the potential shori.
term or long-term effects of a proposed
discharge of dredged or fill material on
the ph)'sical, chemical, and biulugical
components of the aquatic environment
in ligh! of Subparts CF. Such factual
deles'striations shall be used in § 230.~
in riiaking fundings of. compliance or non-
compliance with the restrictions on
discharge in § 230.10. The evaluation
and testini procedures described in
§ 230.80 and ~ 230.61 of Subpart G shall
be used as necessary to make. and shall
be described i=. such determination. The
determinations of effects of ea~
proposed discharge shad inrJude the
following:
[a) ~.~yaico! subsU'=Je
Determine the nature and degree of
effect that the proposed discharge will
have, individual])' and cumulatively, o,~
the characteristics of the substrata at
the proposed disposal site.
Consideration shall be given to 'the
similarity in pe.ni~-le size. shape, and
degree of compaction of' the material
· P. 76
rouerm ~es~smr ! vol, 45, r~o. 249 / Wednesday, December ~ 1980 ! Rules and Regulations 83349
proposed for discharge and t~e material
constituting the substrata at the disposal
site, and any potential cht~en
substrata elevation and bottom
contours, includir~ chaz~es outside of
the disposal site which my oc.~ar as a
result of erosion, slump~e0 or other
movement of the discharged material,.
The duration and physical extent of
substrate changes shall also be
considered. The possible loss of
environmental values (9 Z3o.2o) and
actions to minimize impact [$ubparl
shall also be considered in makt~ these
determinations. Potential changes in
substrata elevation and bottom contours
shall be predicted on the basis of the
proposed method, volume, lo~tion, and
rate of discharge, as welt'as ori the
· indivi.'dual and combined effects
current patterns, water c~ation, wind
and wave action, ,and other physical ....
factors that may arrest the movement of
the discharged material.
(b] Water circulation, fl~tu~t/o~, a~d
solifl/~' determinations. Determine the
nature and de~ree of effect that the
proposed discharge Will have
individually and ~.~flulativeJy on water,
cu.rr~nt patterns, c~rculaton in,']udins
dov, mstream flows, and normal Water
fluctuation. Consideration sEall be given
to water chemist~, saBr~ty, clarity,
color, odor, taste, dissolved gas levels,
temperature, nutrients, and
eu~ophi~tion plus other appropriate
characteristic. Consideration shall a~so
be 8iven to the.potential d~veraion or
obstruction of flow, alterations of -
bottom contou.~, or other significant
chaoses tn the hydrologic regime.
Additional consideration of the possible
loss of envtrom=ental values [§
.25) and actions to mini~ze impacts
[Subpart H). shall be used in makmg
these determinations. Potential
significant effects on the current
patterns, water circulation, normal
water fluctuation and sali~ty shall be
evaluated on the 'basis of the proposed
method, volume, location, and rate of
dis,'harge.
lc) Suspended particu/ate/turbidRy
determknuf~ons. Determine the nature
and degree of e~ect tbs! the proposed
discharge will hsve, mdividual}y and
cumulative}y, in terms of potential
chan~es in the kinds and concentrations
of suspended particulate/turbidity in the
vicinity of the disposal site.
Consideration shall be ~iven to the l~rain
size of the material proposed Ior
discha~e, the shape and size of the
plume of suspended particulates, the
duration of the discharge and resultinl~
plume and whether or not the potential
changes will ~ause violations of
applicable water quality standards.
Consideration should also be Wan to
the possible loss of env~romnental
values [J Z30.21) and to acflom for
Consideration sha~ ~6ude ~e
· p~s~d me~ vol~e, lo~tio~ and
rate of ~s~a~e. as well as ~e
~dual and ~mb~ed e~ec~ of
~nt patterns, wa~r ~a~on and
fluc~a~ons, ~d ~d wave acfio~ ~d
o~er physi~l facies on ~e movement
of s~nded p~ates.
Deters ~e d~e to w~ ~e
mategg p~posed for ~a~e ~
~u~, ~lo~te, ~ ~ase
~nt~ts. ~s data--ages shah
consider ~e matb~al to be disobeyed,
· e aquatic en~ent at ~e p~posed
~sposal site, ~d ~e avaflabffi~ of
contam~. '
and dele of e~ect ~at ~e p~Posed
~seh~e ~ have, bo~ ~duaHy
and ~vely, on ~e s~ct~ and
~c~on of ~e aq~tic ecosystem ~d
o~anisms. Considera~on shall ~ ~ven
to ~e eHect at ~e p~posed ~sp0sal
site of poten~a] ~a~es ~'sube~te
characte~s~ ~d elevago~ water or
subsists ~e~s~, mutants, ~nts.
ci~a~ flucmagon, ~d salary, on
· e ~culo~ation and e~stence of
~digenous aqua~c o~enis~ or
con.ties. Possible loss of
en~ental values ([ ~), ~d
a~tions to m~i~i~e ~pac~ [Subpa~ H)
shall be exam~et Tests as des~bed
[ ~.61 ~valuafion and'Tes~), may
be requi~d to pro.de ~o~ation on
· e e~ect of.~e ~s~a~e mate~al on
codifies or pop~atiom of
o~anisms expected is be exposed to
(~ Proposed disposa/ site
dete~in~ons. (~} ~ disposal
application of ~ese Oui6elines. ~e
mixin~ zone shall be co.ned to ~e
smallest p~cgcable zone wi~in each
specified disposal site ~at is consistent
wi~ ~e t)~e of dispe~ion datelined
to be app~pgate by ~e application of
· ese Guidelines. ~ a few special cases
under unique en~o~ental condigons,
where ~e~ is adequate justiflcstion to
show ~at widespread dispersion by
natural means will reset ~ no
significantly adverse enviro~en~l
e[fecls, ~e discha~ed mategal may be
intended to be spread not.ally in a
th~ layer over a la~e a~a of the
subsists rather ~an be contained
within ~e disposal site. '
[2) ~e pe~itting au~ority and ~e
Regional A~mistrator shall consider
the [ollowi~ facto~ in dete~ini~ the
acceptability of a proposed mixin~ zone:
[i) Depth of water at ~e disposal site;
(ii) Current velocity, diroctto~ and'
variability at the disposal site;. [iii) Degree of turbulent:
[iv] Strat~cation attributable to
causes such as obstructions, salinity or
· density prof'des at the disposal site;
iv) Discharge vessel speed and
directiori, ii' appropriate; (vi) Rate of discharge;
(vii) Ambient concentration of
constituents of interest;
{viii) Dr~d~ed material characteristics,
particularly conc~ntratiom of
constituents, amount of material, type of
material (sand. sot, clay, etc.) a~d
settling velocities:
(ix) Number of discharge actions per
unit of time;
[x) Other factors of the disposal site '
that affect the rates and patterns of
mixing.
(g) Demrmi~ol/afl af cumu]oUve
' e~ect, s off l. he aquatic ecosystem. (l)
Cumulative impacts ~e the changes in
an aquatic ecosystem that are
at~butable to the collective effect of a
number of individual discharges of
dredged or fill material. Although the,
Sapac! of a pariicular discharge may
constitute a minor chan~e in itself, the
cumulative effect of numerous such
piecemeal cha-nses canresult in a meier
impairment.of the water reso~s and
interler~ with the p~ductivity and
water quality of existt~ 'aquatic
ecosystems.
(2) Cumulative effects attributable.to
'the discharge of dredged or f'ffi material
in waters of the United States should be
predicted, to the extent reasonable and
practical. The permitti~ authority shall
collect information and solicit
information from other sources about
the ~tmulative impacts on the aquatic
ecosystem. This information shall be
documented and considered during the
decision-making process concernin8 the
evaluation si' individual permit
applications, the issuance of a General
permit, and monitoring and eniorcement
of existing permits,
(h) Determ/aot/on afs~condo~
e.f/ecLs on the aquatic ecosystem·
Secondary effects are effects on an
aquatic ecosystem that are associated
with a discharge of dredged or
materials, but do not result from the
actual placement of the dredged or fill
material. Information about secondary
effects on aquatic ecosystems shall be
considered prior to the time final section
404 action is taken by permitting
authorities.
(2) Some examples of secondary
ellects on an aquatic ecosystem are
fluctuating water levels in an
impoundment and downstream
associated with the operation of a dam.
septic tank leaching and surface runoff
P. 77
8S3S0 Federal Re, star / Vol. 45. No. 249 / Wednesday. December 24. 1 .S~0, ! Rules and Regulations
f~m residential or commercial
developments on fill and leachers and
runoff from e sanftary landfill located in
waters af the U.S. A~v'ltles to be
conducted on fast land crested by the
discharge of dredged or fill material in
waters of the Urdted States may have.
secondary impacts wiLbin those waters
which should be considered in
evaluating'the tmpact of creating those
J L~O.12
|a] On the ~asis of the~ Guidelines
[Subparts ¢ through G) the proposed
disposal sites for the discharge of
cL'edged or Fdl material must be: .
· {1) Specified as compiFing with the
requirements of these Guidelines: or
{~) Specified as complying with the
requirements of these Guidelines with'
the inclusion of appropriate and
practicable discharge conditions {see
Subpart H) to minimize pollution or
adverse effects to the affected aquatic
· ecosystems: or
[3) Specified as failing to comply with
the requirements of these Guidelines
where:
|i) There is a practicable alternative to
the 10roposed discharge that would have
less adverse effect on the-~quatic
ecosystem- so long as such alternativie
does not have other significant adverse
environmental consequences; ar
{ii] The proposed discharge will result
in significant degradation of the aquatic
ecosystem under [ ~30.10{b) or [c~ or
{ii,i) The proposed discharge does not
include all appropriate and practicable
.measures to minimize potential harm to
the aquatic ecosystem: or
{iv) There does not exist rufficient
information to make s reasonable
judgmen! as to whether the proposed
discharge will comply with these
Guidelines.
lb) Findings under this section shah
be set forth in writing by the permitLt~
authority for each proposed discharge
and made available to the permit
applicant. These findir~s shall include
the factual determinations required by
§ 230.11. and a brief explanation of any
adaptation of these Guidelines to the
activity under consideration. In the case
of a General permiL such f'mdings shall
be prepared at the time of issuance of
that permit rather than .for each
subsequent discharge under the
authority of that permiL
Subpart C.-Potential Impacts on
Phyaic~l ~nd Chemic41CharactertstJca
of the Aquatic £coayatem
Not,,.~Tbe e~fects described in this
suboart should be considere~ in makin~ the
factual determinations and the Fmdlngt of
compliance or non-compliance in Subpnrt B.
! 220J0 Substrata.
(a) The substrata cf the aquatic
ecosystem underlies open waters of the
United States and const, itutea the
surface of wetlands, it consists of
organic &nd inorganic solid materials
and includes water and other liquids or
gases that ~ the spaces between solid
particles,
· (b) Possible loss of environmental
cheracterl,tics and values: The
discharge of dredged or f'Rl material can
result in varying degrees of change in
the complex physicaL chemical and
bi~lngical characteristics of the
substrata. Discharges which alter
subs~'ate elevation or contours can ..
result in changes.tn water circulation. ....
depth, current pattern, water fluctuation
and water temperature. Discharges may
adversely af~ect bottom"dweHin~
organisms at the site by smothering
immobile forms or forcing mobile forms
· to n~igrate. Benthic forms present prior
to a discharge are unlikely to recolonize
on the discharged material if it is very
dissimilar from that of the discharge
site. Erosion. slumping, or lateral
displacement of surrounding bottom of
such deposits can adversely affect areas
of the substrata outside the perimeters
of the disposal site by changin~ or
destroying habitaL The bulk -,nd
composition of the discharged mater~al
and the locJtio~ method, and timing of
discharges may all influence the degree
of impac.t on the substrata.
! ~3o.~1 $4~Pended par~cutata~/tm~dlty.
Ia) Suspended particulates in the
aquatic ecosystem consist of fine-
grained mineral particles, usually
smeller than sill and organic particles.-
Suspended particulates may enter water '
· bodies as a result of land runoff.
flooding, vegetative and planktonic
breakdown, resuspension of bottom
sediments, and man's activities ·
including dredging and idling.
· Particulates may remain suspended in
the water colunm for variable period~ of
time a~ a result of such factors as
agitation of the water mass. particulate
specific ip'avity, particle shape, and
physical and chemical properties of
particle surfaces.
{b) Possible loss of environmental
cl!a. rscteristics and values: The
discharge of dredged or fill material can
result in greatly elevated level~ of
suspended particulates in the water
column for varying lengths of time.
These new levels may reduce light
penetration and lower the rate of
photosynthesis and the primary
~roductivit~, of an aquatic area if they
~ast long imough. Sight-dependent
species sty suffer reduced feeding
ability leading to limited growth and
lowered resistance to disease if high
levels of suspended particulates persist.
The biological and the chemical content
of the suspended material may react
with the dissolved oxygen in the water.
which can result in oxygen depletion.
Toxic metals and orgunica, pathogens.
end vL-uses absorbed or edsorbeci to
f'me,grained particulates in the material
may become biologically available to
organisms either in the water coJ~,~,, oF
on the substrata. Significant increases in
suspended particulate levels create
turbid plumes which are bishly visible
and aesthetically displeasing. The
extent and persiStence of these adverse
tmpacts caused by discharges depend
upon the relative increase in suspended
particulates above the amount occurri~
naturally, the duration of the higher
levels, the current patterns, water level,
and fluctuations present when such
discharges occur, the volume, rate. end
d~etion of the discharge, particulate
deposition, and the seasonal timing of
the discharge.
§ 230d~ Water.
(a) Water is the of the aquatic
ecosystem in whi~l~art
inorganic constituents are dissolved and
suspended. It constitutes part of the
liquid phase and is contained by the
substrata. Water form~ part.of a
dynamic aquatic life,supporting system.
Water clarity, nutrients and chemical
content, physical and biological content.
dissolved gas levels, pH..and
temperature contribute to its Ills.
sustaining capabilities.
~) Possible loss si' envirorn'nental
characteristics and values: The
discharge of dredged or fill.material can
change the chemistry,and the physical
characteristics of the receiving water et
· a disposal site through the introduction
of chemical constituents in suspended or
dissolved form. Changes tn the clarity.
color, odor. and taste of water and the
addition of contaminant~ can reduce or
eliminate the suitability of water bodies
for populations of aquatic organisms.
and for human consumption, recrea tics.
and aesthetics. The introduction of
nutrients or organic material to the
water column as a result of the
discha~e can lead to e high biochemical
oxygen demand (BCD). which in turn
can lead to reduced dissolved oxygen.
thereby potentially affecting the survival
of many aquatic organisms. Increases in
nutrients can favor one group of
organisms such as algae to the delriment
of other more desirable types such as
submerged aquatic vegetation.
potentially causing adverse health
- , P. 78
F~deral Re~iatar j ~1. 45, No. 249 / Wednesday, December 19~0 / Rules and Reffulations 8,~3S1'
effects, objectionable tastes and odors,
and other problems.
~ 230.23 Current I~tten~ ~ ~lter
(a) C~nt patterns and water
circulation a~ ~e physic] movements
of water ~ ~e aquaUc ecosyste~
C~ents and c~ation respond to
natural fo~es as modified by
shape and cover, physical and cheryl
~aracte~sUo of water e~ata and
masses, ~d ene~ dissipa~ facton.
(b] ~o. ible lo. o~en~ental
~actedstica ~d v~ues: ~e
· scha~e of ~edded or ~l mate~a]
m~fy cu~nt patte~s and water
cir~laUon by obs~ct~ flow, ~a~
· e di~cdon or veloci~ of water flow,
'~a~ins ~e ~ection or velo~U
water flow and c~culation, or
chansin$ ~e d~ensions o~ a water
b~. As a reset, adverse cha~es
occur in: locaUon, stmc~re, and
dynamics of aquatic coquettes:
shoreline and subsmate erosion and
depositon rates: ~e deposition
suspended p~U~lates: ~e rate and
extent of mixi~ of dissolved and
suspended components of the water
body; and water s~atificaUon.
~ 2~4 No~! water fl~uaUo~
[a} No.al water fluctua~ons ~ a
natural aquatic system cons~i of daily,
sea.nat. ~d a~ual tidal and flood
~o~tuatiom in water level. Biology]
and physical componen~ o~ su~ a
system a~ eider atoned to or
chsracte~ed by ~ese periodic water
fluctuations.
(b) Po,sible loss of en~ro~ental
characteristics and values: ~e
discha~e of ~ed~ed or fill marshal can
alter the no.al water-level fluctualion
pallem of an area.'resu]ti~ ~
prolonged periods o~
exa~erated extremes of high and iow
wares, or a stati~ no~uctuati~ water
level Such water level modifications
may chan~e satiety patterns, alter
erosion or sedimemation rates.
a~ravate water temperature ex~mes,
and upset ~e nu~ient and dissolved
oxygen balance of the aquatic
ecosystem. ~ addition,
modifications can alter or des~oy
co--unities and populations of aquatic
animals and ve~elafien, induce
populations of n~sance o~anisms,
modify habitat, reduce i~d supplies.
res~icl ~ovement o~ aqua~c faun~.
des~oy spawnin~ areas, and ~ange
adjacenL upstream, and do~s~eam
areas.
(al Salinity 8radiants form where salt
water kom the ocean meets and mixes
wi~ [resB water ~m land.
COl Possible loss of e~m~tal
charscte~stics and values: Oba~ctio~
which dtve~ or ~s~ct flow of ei~er
~reah or salt water may cha~e exist~
aaBni~ ~adients. For example, par2al
~vet mou~ ~at s~ifl~fly ~s~cts
· e movement of ~e salt water ~to and
out of ~at a~a ~n effec~vely lower ~e
vcl~e of salt water'available for
do~am ruination of ~e salinity
~adient cen oc~. ~spleci~
m~ segmentation zon~ and
~q~ sale,-dependent aquatic
biota to adjust to ~e new conditiom ......
move to new in, finns ff possible, or
pemh. In ~e f~ehwet, zone. discha~e
operations ~ ~e ups~eem ~gions can
have equally edve~e ~pacts. A
significant reduction ~ ~e vol~e of
~eh water mo~ ~to an estue~
below ~at whi~ is conside~d no~el
can affect ~e location and ~e of
charecte~stic salinity patte~s.
res~ti~ che~ed c~c~e~on pattern
~n cause ~e ups~eem ruination of
sal~ity gradient ~splaci~
sedimentation zone. ~a mission may
affect ~ose o~sms ~at a~ adapted
to ~esbwater env~ents. It may also
affect m~cipal water supplies.
No~Possible actions to'mi~mi~
adve~e ~pacts ~a~ sile ~amcte~s~
~n ~ fo~d ~ Subpan
Subps~ ~Potent~l Im~ on
Blol~lcal C~ra~eds~ of
Aquatic E~system
Note.--~e impacts des~ibe~ ~ this .
sobpa~ should be conside~ ~ maki~ the
factual dele~inations
compliance or non-compliance
~ 230.~ ~reate~d
(a) ~ en~ange~d species is a plant
or animal ~ danger o~ extinction
· ro~hout eD or a signific~t portion
its range. A threatened epe~es is one in
danger oF becom~g an
species in ~e foreseeable fut~e
~o~hout all or a sibilant po~on
its range. Usti~! o~ ~eatened an~
endange~d species as well aa ~ti~l
habitats are me.rained b~ some
~dividual States endb~
and Wildlife Se~ice of ~e Depa~ent
o~ the Inte~or [codified a~uall~ at
O~ j 17.l~).'~e Depa~ent
Commerce has au~o~t~ over aurae
threatene~ end endange~d ma~ne
mammals, fish and repOles.
Co) Possible loss of values: The major
potential impacts on threatened or
endangered species from the discharge
of dredged or fid material include:
(1] Coverin~ or o'therwise directly
killing species:
{2) The impairment or destroction of
habitat to which these species are
limited. Elements of the aquatic habitat
which are parUcularly crucial to the
continued survival of some threatened
or endangered species include adequate
good quality water, spewni~ and
maturation areas, nesting areas,
protecUve cover, adequate and reliable
food suppb,, and resting areas for
migratory species. Each of these
elements can be adversely affected by
changes in either the normal water
conditions for clarity, chemical content.
nutrient balance, dissolved oxygen, pH.
temperature, salinity, current patterns.
circulation and fluctuation, or the
physical removal of habitat:, and
(3) Facilitating incompatible activities,
(c) Where consu)tat, ion with the
Secretary of the Interior occun under
Section ? of the Endangered Species
Act. the conclusions of the Secretary
concerning the hnpact[s) of the
discharge on threatened and endangered
specie, s and their habitat shad be
considered final . ..
§ 230.31 ~ c~ustacear~ mollusks and
omar aquatic orga.n~vm ~ t~e food web.
fa) Aquatic organisn~ in the food web
include, but are not limited to.
crustaceans, mollusks, insects, annelids,
planktonic or~e.nisma, and the plants
and animals on which they' feed and
depend upon for their needs. All forms
· and life ata~es of an organism,
throughout its geographic range, are
included in this category.
(b) Possible loss of values: The
discharge of dredged or fill material can
variously affect populations of fish,
crustaceans, mollusks and other food
web or~anisms through the release of
contaminants which adversely affect ·
adults, juveniles, larvae, or e~s, or
result in the establishment or
proliferation of an undesirable
competitive species of plant or animal at
the expense of the desired resident
species. Suspended particulates settling
on attached or buried e~s can smother
the eg~s by ]bruiting or sealing off their
exposure to oxygenated water.
Discharge of dredged and Fall material
may result in the debilitation or death of
sedentary organisms by smothering.
exposure to chemical contaminants in
dissolved or suspended form, exposure
to high levels of suspended particulates,
reduction in food supply, or :alteration Of
the substrata upon which they are
dependent. Mollusks are particularly
', P. 79
~ Federal Re~ster / Vol. 4S, ' 249 ! Wednesday, December 24, 1980 "'~
aenafUve to the discharge of' material
durin~ periods of reproduction arid
r~owth and development due primarily
to their !i,,,~ted mobility. The)' can be
rendered ardor for human consumption
by tainting, by production and '
accumulation nf toxins, ar bY ingestion
and retention oi' pathogenic o~entsms..
viruses, heavy metals or persistent
aFnthetic or~anic chemicals. The
discharge of dredged ar fill material can
redirect, delay, or atop the reproductive
and feeding movements of some species
of fish end ='u.acea, thus preventing
their aggregation in accustomed places
such as spewnlr~ or nurser~ Founds
and potentially leading to reduced
populations. Reduction of det~ta]
feedin~ Ipecie~ f~' other representatives
of low~ tn~pkic levels can intpair the .
flow of energy ~om pr~maD' coasters
to higher tropbic levels. The reduction or
potential elimination of' food chain
or, an/sm pop,,~ation~ decreases t~e
overall productivity and nutrient export
capabLl, ity of the ecosystem.
J 23~.32 Other wlldll'll.
la) ~ildlile associated with aquatic
ecosystems are resident and transient
mammals, birds, rel0tiles, and
amphibians.
lb] Possible loss of values: The
discharge of clredged or fill material can
result in the loss or change of breeding
and nesting areas, escape cover, travel
corridml', and preferred food sources for
resident and transient wLIdlife species
associated with the aquatic ecosystem.
These advezle impacts upon wildlife
habitat may result bom changes in
water levels, water flow and circulation,
salinity, chemical content, and substrata
characteristics and elevation. Increased
water turbidity can adversely affect
wildlife species which rely upon sight to
feed. and disrupt the respiration and
feeding of certain aquatic wildlife and
load chain.organisms. The availability
of' contaminants from the discharge of
drcdged or fill material ma}, lead to the
bioaccumulation of such contaminants
in wildlife. Changes in such physical
and chemical factors of the environment
may favor the introduction of
undeEirable plant and animal species at
the expense of resident species and
communities. In some aquatic
environments ]owerirL8 plant lad animal
species diversity may disrupt the normal
funcgons of the ecosystem and lead to
reductions in overall biological
productivit)'.
Nots.--Possible actions to r~inimize
· ,dvelle L',,paCtS rega. rdin8 char-statistics si~
biological components o.f the aquatic
ecosystem can be found m i, ubpart H.
Subpart E--Potential I~ on
Special AquaUc Sitka
Nota.--The Impacts deezlbed in t~ts
subpart should be considerBci in making the
factual det~;rmmattona and the flndin~ of
compJiance or nan-complt,,ncs in Subpart B.
The dehnitton of Special aquatic Bites iS
found in i z3o.3{~tl.
! 230.40 hnctuariel Ind refuge&
(a) Sanctuaries and refuges consist Of
areas designated u~der State and
Federal laws or local otdin~aces to be
managed principall), for the preservation
end use of fish and wildlife resources.
lb] Possible loss of values:
Sanctuaries and refuges may be aftected
by discharges of tire,ed or till material
which will:
(1) DiSrupt the breedir~, spawning.
migratory movements or other critical
life requirern'ents of resident or transient
fish and wildlife resources:
[21 Create unp]armed, ess). and
incompatible human access to remote
aquatic areas:
[3) Create ~be need for frequent
maintenance activity:
(4] Result in the establiskment of
undesirable competitive species of
plants and an~als:
|5) Change the balance of water and
land areas needed to provide cover.
food. and other fish and wildlife habitat
requirements in a way that modifies .
sanctuary or refu~e management
practices:
(6) Result in any of the other adverbs
impBcts discussed in Subparts C: and D
as they relate to a particular sanctuary
or refuge.
[ 230.41 Wlt~nda.
(a)[1) Wetlands consist of areas that.
are inundated or saturated b). surface or
ground water at · frequency and
duration sufticient to support, and that
under normal circumstances do suppo~
a prevalence of' vegetation typically
adapted for life in saturated soil
conditions,
[2) Where wetlands are adjacent to
open water, they 8enerall)' constitute the
transition to upland. The margin
between wetland and open water can
best be established b)' specialists
familiar with the local environment,
particularly where emergent vegetation
merges with submerged vegetation over
a bmBd area in such places as the
lateral margins of open water,
headwaters, rainwate~ catch basins, and
groundwater seeps. The landward
margin a/' wetlands also ~ best be
identified by specialists familiar with
the local environment when vegetation
from the two regions merges over a
broad area.
/-~,ules and Regulations
[31 Wetland vegetation consists of
plants that require saturated soils to
au~ive (obligate wetland plants) as well
as plants, including certain trees, that
~ain a competitive advantage over
others bemuse the7 can tolerate
prolonged wet loll conditions and their
competitors cannot. In addition to plant
populations and communities, wetlands
are delimited by hydrological and
physica] characteristics of the
environment. These char~cteristl~
should be considered when lnfotmaUon
about them is needed to supplemen{
information available about vegetate'on,
or where wetland vegetation has been
removed or is dormant.
lb) Possible loss of values: The
discharge of dredged'or fill material in
wetlands is.likely to damage or destroy
habitat and adversely affect the
biological productlvity of wetlands
ecosystems by smothering, by
dewaterins, by permanently flboding, or
by alterin8 substrate elevation or
periodicity o~ wa tar movement The
addition of clredged or t'tll material may
destroy wetland vegetation or result in
advancement of succession to dr7 land.
species. It may reduce or eliminate
nutrient exchange by · reduction of the
system's productivity, or b)' altering
curt'eat patterns and velocities.
Disruption or elimination of the weOand
system can de~rade water quality by
obstructing ci~ulation patterns that
flush large expanses of wetland
systems, by tnterlerin8 with the
filtration hmcUon of wetlands: or by
changing the aquifer recharge capability
of a wetland. Dist..barges can also
change the wetland habitat value for
fish and wildlife aa discussed in Subpart
D. When disrupUora ~ flow and
circulation patterns occur, apparently
minor loss of wetland acreage may.
result in major losses through secondary
impacts. Discharging fill material in
wetlands es pa'ri of municipal, industrial
or recrea dona] development may modi~,
the capacity of wetlands to retain and
stare floodwaters and to serve as a
butler zone shielding upland areas bom
wave actions, storm damage and
erosion.
[ 230.42 Mud flits
{al Mud flats are broad ilar areas
along the sea coast and in coastal riverl
to the head of' tidal irdluence and in
inland lakes, ponds, and riverine
systems. When mud t'lata are Inundated,
wind and wave action ma)' resuapend
bottom sediments. Coastal mud flats are
exposed at extremely low tides and
inundated at high tides with the water
table at or near the surlace cd' the
substrata. The substrata of mud flats
contains organic material and particles
' , P. 80
Federal Re~leter ! ¥01. 45. No. ~,lO / Wednesday, December ~. ~loao / Rules end ReSt.clarions 853S3
smaller in si=a Lan sand. They are .
either tmve]~etated or-veaetated only by
algal mats.
(b) l%,ssibJe l~s of values: ~e
discha~e o~ ~ed or
~uae ~ansea ~ water c~aflon
pauems whi~ may per,nearly flood
or dewater ~e. mud flat o~dis~pt '
periodic ~da~o~ ~s~ In an
increase ~ ~e rate of e~sion or
ec~etion. Su~ cha~ea can deplete or
elim~ate mud flat biota, fora~i~ a~as,
and n~e~'a~aL
in,darius patte~ ~n ~ect ~e
~emical and biolo~ exhale ~d
decom~si~on p~ss oc~ on ~e
nu~flat and cha~e ~e deposi~on of
suspended marshal ~ecti~ ~e
p~ducti~ of ~e area. ~a~es may
reduce ~e mud flare ~paci~ to
dissipate sto~ s~e ~o~.
~ 2~.~3 vege~t~
(a) Vegetated shallows are
pe~anenfly ~dated areas ~at under
no,al circ~stances support
communities of rooted aquatic
vegetation, such as ~e ~ass and
sol,ass in estua~e or ma~ne systems
as'well as a n~ber o~ ~eshwater
species in ~ve~ and lakes.
(b) Possibl~ loss
discha~e of ~e~ed or fid material can
smoker v~etation and benthic
o~anisms. It may also ~ate ~suitable
conditions for ~e~ ~nt~ued ~or
(1) changi~ water c~ation patterns:
[2) releasi~ nu~en~ ~at in,ease
undesirable algal pop,efforts: (3)
releasi~ chemicals ~at adve~ely
a~fect plan~ ~ ~mals: (4) ~asi~
~rbidi~ levels. ~e~b~ ~ducins light
pene~afion and hence photos~esis:
and [S) chans~s ~e cspaci~ of a
vegetated shadow to stabilize bottom ·
marshals and de~ase
shoaling. ~e discha~e of ~ed~ed or
~II material may reduce ~e value
ve~e~aled shallows as nesting.
spa~E, n~e~. cover, and forage
areas, as well as
protectin~ shoreless ~om e~sion and
wave actions. It may also enco~ase the
~owth of nuisance vegetation.
~ ~O.~ Co~I
(a) Coral ~efs consist of ~e skeletal ·
deposit, usually o~calcareous or
silicaceous marshals, produced by
vital acUvities of an~o~an pol~s or
other inve~ebrate o~8nisms p~sent
E~n~ po~ions of ~e ~e~. '
(b) Possible loss
discha~e si ~e~ed or Fill material can
adve~eJy a[fect colonies of ree~
o~anisms by b~n2 ~em. by releasin~
contaminants such as hydrocarbons into
· e water colas, by reducinE U~t
penetration t~ouEh ~e water, and by
lnc~easins the level of ,uspended
particulates. Coral orgardsms are
extremely sensitive to even slight ·
reductions in light penetration or
increases in suspended particulates.
These adverse effects will cause a loss
of productive colonies which in turn
provide habitat for many species of
highly specialized aquatic organisms.
(a) Steep s'radient sections of streams
ere sometimes characterized by riffle
and pool complexes. Such st~ea,'~
sections ere recognizable by their
hydraulic characteristics. The rapid
movement of water over a coarse
/
substrate in riffles results in a rough
flow. a turbulent suSa'ce, and high
dissolved ox),gen levels in the water.
Pools are deeper areas associated w~th
fifties. Pools are character~ed by ·
slower stream velocity, a steamin~ flow,
s smooth surface, and a finer substrata.
l~iff'Je and pool complexes are
particularly valuable habitat for fish and
wildlife.
(b) Possible loss of values: Discharge
of dredged or fill material can eliminate
riffle and pool areas by displacement,
hydrologic modification, or
· sedimentation. Activities which affect
riffle and pool areas end especially
rime/pool ratios, may reduce the
aeration and Fkration capabilities at the
discharge site and downstream, may
reduce ar. ream habitat diversity, and
may retm'd repopulation of the dispnsal
site and downstream waters mush
sedimentation and the'o'eation of
unsuitable habitat. The discharge of ·
dredged or fill materiel wMch alters
stream'hydrolo~ may cause scourir~ or
sedimentation of rimes and pools.
Sedimentation induced through
bydrolof~ical modification or as a direct
resclt of the deposition of
unconsolidated dredged or fill material
may clog riffle and pool areas, destroy
habitats, and create anaerobic
· conditions. Eliminating pools and
meanders by the discharge of dredged or
fill material can reduce water holdir~
capacity of sa'earns end cause rapid
runo~ Bom a watershed. P. apid runoff
can deliver large quantities of flood
water in a chort time to downstream
areas resultin~ tn the destruction of
natural habitat, high property loss, and
the need for further hydraulic'
modification.
Note.--Possible actions to minimize
adverse impacts on site or material
characteristics cea be found in Subpa~ H.
~.tbpart F--~otentJal Effects
Human Use
oubpa~ shoed ~ ~nside~d ~ msk~ ~e
factual deformations and ~e ~m~s of
compli~n~ or non~omp~ce ~ Subpafl
j 2~.~ M~t ~nd p~vote water
(e~ M~cipel ~d p~vate water
supplies consist o~ s~ece water or
~d water whi~ ts ~cted to ~e
intake of · m~cip~ or p~vete water
supply s~tem.
Ih) Possible lass o~ values: Dis~a~es
~n effect ~e quaUW oF water suppUeF
wi~ ~e~c~ to ~lor. tests.
~e~l ~ntent end suspended
pe~ete ~n~n~e~on. ~ eu~ · way
es ~o ~duce ~e fimess o~ ~e water
consumptio~ water can be ~nde~d
unpalatable or ~eel~y by ~e
eddiUon o~ s~pend~d pe~c~etes.
rinses en~ pe~oge~c o~anisms, end
dissolved materials. ~e expense o~
re~ su~ substances before ~e
wate~ is deUvered for cons~ption c~
be hig~. Dische~es may also e~ct ~e
quantity o~ water available for
~unicipal and p~vete wate~ supplies.
e~dlUo~ ce~a~ co~o~y ~ed wet~
~ea~ent ~e~cals have ~e potential
for comb~ ~ some suspended or
· ssolved substances ~ ~edged or
~I1 mete~ to fo~ o~er pro,acts
~n he~ · to~c e~e~ on cons~e~:
f~
(e) Re~efiunel and come,iai
fishe~es ~ist o~ h~esteble
~stnceens. chel~s~ and o~er aquatic
o~enisme used by ma~
(b) Possible loss o~ values: ~e
d~s~a~e o~ ~edged or ~I1 materials
can e~ect ~e suitebili~ of recreational
and co~e~al fishi~ ~ds as ·
habitat for pop,efforts of constable
a~uatic ~anis~. Discha~es can reset
~ ~e ~emi~l ~ntamination of
recreational or comme~ial fisheries.
They may also ~erfere ~ the
~produc~ve sOccess of re~eational and
co~mercial}y ~po~am aquatic species
· rou~h dis~ptinn of ruination and
apawni~ a~as. ~e ~ducfion of
pollutants a~ ~fica] ~mes ~ ~e~ life
~e ~ay d~cfly ~duce populations
co~e~iaDy ~po~ant a~ua~c
o~anisms or ~direcfly reduce ~em by
redu~n~ o~anisms upon whi~ ~ey
depend for food. ~y of ~ese ~pacts
can be of short duration or prolonged.
dependin~ upon ~e physi~l and
chemi~l ~pactsof ~e disease and
· e biologic] availabOity of
contaminants to aquatic o~anisms.
· . P. 81
_-.-_-.-_-,~ r~erai ~epster /. VOL 45, NO. ~49 / Wecinesclay, December 24, 1~0_ / Rules and P.e~ulatians
(a) Water-rtlated recreation
at, compasses activities undertaken
amusement ~ relaxation. Activities
encompass two broad catqerles nj' use:
consumptive, e.g. ]~r'v~tL~
by bunttn8 and fishir~. ~ non-
comsumptive, s.S. canoein~ and
seeing.
lb} Possible loss of values: One of the
more imporuult direct impac~ of
dredded or fill disposal is to impair or
destroy t~e resources which ~upport
r~creation activities. 'l'ne disposal of
dredged or ~ material may adv~-ualy
modify or d~stroy water use for
re,-,'~ation by changing turbidity,
suspended particulate, temperature,
dissolved o~gen, dissolwd materials,
· toxic materials, p4thngenic organisms,
quality of habitat, and the aesthetic
qualities of sight, taste; odor, and c~lor.-
! 230.~3
{a} Aesthetics associated with the
aquatic ecosystem ~nsist of the
perception of beauty by one or a
combination of the senses of sight,
hearin& t'ou:h, and smell. Aesthetics of
aquatic ecosystems apply to.the quality
tir life enjoyed by the general public and
property ownrrs.
{bl Possible loss of values: The
discharge of dredged or fill material can
mar the beaut~ of natural aquatic
ecosystems by degracllng water quality,
cresting distracting disposal sites,
inducing inappropriate development,
encou~.aginB unplanned
incompatible human access, and by
destroyir~ vital elements that contribute
to the compositional harmony or unity,
visual distinctiveness, or diversity of an
area. Tbs discharge of dredged or fill
material can adversely affect the
particular features, traits, or
characteristics of an aquatic area which
make it valuable to property owners.
Activities which degrade water quality,
disrupt natural substrata and
vedetational characteristics, deny '
access to or visibility of the resource, or
result in changes in odor, air quality, or
noise levels ma)' reduce the value of' an
aquatic area to private propert), owners.
J 2~0.54 Parks. national and historical
monument, t, rmt~nal a~ash~rss, wlic~rr~m~
area~ research alt~, mod m~mP-r
(a} These presages c~nsist of areas
desi~.~ted under Federal end State
laws or loca! ordinances to be managed
for theLr aesthetic, educational,
historical, recreational, or scientific
value.
[b] Possible loss of values: T~e
discharge of d~dged or ~] ~terial into
such areas may modify the aesthetic,
educational, historic~l, re~eational
and/or scientific qualities thereby
redl~cing or eliminatir~ the uses for
which such sites are set aside and
managed.
Note.--Possible ecUons to minimize
adverse impacts rtdardlr~ sits or material
characteristics can be found tn Bubparl it.
Subpari G-Evaluation an~
fill tutorial
'Ihs purpose of. these evaluation
procedures and the ~ca]
blolosical testiq sequence outlin~
i ~3o.8! is to provide information to
reach the determinations required by
! ~.~. Where the res-he of priar
evaluations, chemical end biol~cal
tests, scientist rese~ and experience
· can provide L, ffonnation helpful in .....
making a determination, the~ should be
used. Su~ prior results may make new
testing unnecessary. The ir~ormatinn
used shall be documented. Wt~ere the
same in.formation applies to more than
one determination, it may be
documented once and referenced in
later determinations,
(a) Lf the evaluation under paragraph
(b) indicates the dredged or ill material
is not a carrier of. ~ntaminante, then the
required determinations pert~inir~ to
the presence and effects ti
contaminants can be made without
testing. Dredged or fill material is most
likely to be free from chemical
biological, or other pollutants where it is
composed primarily of ~and, gravel, of
other naturally, occurrin~ inert material.
Dredged material ~o composed is -
8eneral]y found in areas of high current
or wave enerE~ such as streams with
large, bed loads or coastal areas with '
shifting bars and channels. However,
when such material is discolored or '
contains other indications that
contaminants may be present, further
inquiry should be made,
fbi The extraction site shall be
examined in order to assess whether it
is sufficiently removed bom sour~es of
pollution to provide reasonable
assurance that the proposed discharge
material is not e carrier of
contaminants. Factors to be considered
include but are not limited to:
[1) Potential routes of ~ontaminants or
contaminated sediments to the
extraction site, based on hydrographic
or other maps, aerial photosraphy, or
other materials that show watercourses,
surface relief, proximity to tidal
movement, private and public roads,
location of buildings, municipal and
industrial areas, and a~ri~ultural or
forest lands.
(2) Pertinent result~ bom tests
previously carried cut on tha matsrtal at
the extraction site, or carried out on
similar m~.terial for other permitted
roject~ in the vicinity, klaterials shall
· considered similar if the sources of
contamination, the physical
conflagration aSthe sites and the
sediment composition of the materials
are comparable, in light of water
circulation and stratificatio% sediment
accumulation and ~eneral sediment
characteristics. Tests from other sites
ma), be' relied on sol)' if no chan~es
have occurred at the extraction aims to
render the results irrelevant,
|3) An)' potential lur significant
introduction cd' persistent pesticides
from land runoff or percolation:
|4) An}, recorcts of&pills or disposal of
petroleum products or substances
..desidnated as hazardous under section
311 of the Clean Water Act [See 40 CI:'E
116): .
($) Information in l~ederaL State and
lo~l records tndicatin~ si~ificani
introduction of pollutants
industries, municipaliUes, or other
sour~es, in~ludi~ types and amounts of
waste materials discharged along the
potential routes of contaminan~ to the
extraction site; and
[6) Any possibility of the preseoce of
substantial natural deposits of minergls
or other substances which could be
released to the aquatic environment in
harn~ul quantities by man-induced
discharge acfivities.
(c) To reach the determinations in
[ 230.11 involvi~ potential e[Jects of the
discharge'on the il~aracteristim of the
disposal site, the narrative
Subparts C-F shall be used along with
the 8eneral evaluation procedure in
[ 230.50 and, Lf necessary, the chancel
and biological testin~ sequence in
t 230.61. Where the discharge site is
adjacent to the extraction site and
subject to the same sources
contaminants, and materials at the two
sites are substantially sLmilar, the
that the material to be discharged ma),
be a carrier of contaminants is not likel),
to result in degradation' of the disposal
site. In such circumstances, when
dissolved material and suspended
particulates can be controlled to prevent
carrying po~utants to less contaminated
areas, testi~ will not be required.
[d) Even if ~ [ ~.30.60[b) evaluation
[previous tests, the presence of pollutin8
industries and in.~or'mation about their
discharde or runol~ into waters ti the
U.S., bioinventories, etc.) leads to the
conclusion that there is a hidh
probability that the material proposed
[or discharge is a carrier of
contaminants, t~sti~ ma), not be
necessary Li' constraints ~re available to
· P. 82
Federal Resister .! ~'ol. 45. No. 249 ! Wednesday. December 2{. 1980 ! Rules and Rel{ulatious 8S~S
reduce contamination to acceptable
levels within the disposal site and to
prevent contaminants from betl~
transported beyond the boundaries of
the disposal lite, ii' such ~m'mtraints are
acceptable to the permitKng authorlU'
and the Regional Administrator, and if
the potential discharger is willing and
able to implement such constraints.
However, even if tests are not
performed, the permitting authority must
still determine the probable impact of
the operation on the r~caiving aquatic
ecosystem. Any decision not to test
must 'be explained in the determinations
made under [ 230,11,
' Not.--The A~ency is today pmpolin~
revised testir~ ~uidelines. The evaluation and
tesUng procedures in this section are based
on the 1~/$ ! 404(b}{ll interim t'mal
Cuidelines and shall remain in effect until the
revised testir~ guidelines are published as
final resulations.
Ia] No single test or approa~ can be
applied in all cases to evaluate the
effects of proposed discharges of
drec~ed or fill materials. This section
provides some guidance in determining
which teat and/or evaluation procedures
are appropriate in a Siven case. }.nterim ..
guidance to applicants concerning the
applicability of specific approaches or
procedures will be furnished by the
permitting authority. -'
(b) C/:e,'n/ca/-b/alog/~/ ir~t,e..nct/re
e.~ects. The principal concerns of '..
discharge of dredged or ifil material that
contain contaminants ar~ the potential
effects On the water column and on
,communities of aquatic organisms.
~nteroc#~'e e~ect~. Dredged or ~ll
materiel may be excluded from the
evaluation procedures specified in
paragraphs [b][Z) and 13} of this section
if it is determined, on the basis of ihs
evaluation in ~ 23o.e0, that the
likelihood of* contamination by
contaminants is acceptably lo~v, unless
the permitting authority, after evaluating
and considering any comments received
from the Regional Administrator,
determines tha! these procedures are
necessary. The Regional Administrator
may require, on a case-by-case basis,
testing approaches and procedures by
stating what additional L,~formaUon is
needed Otrough further analyses and.
how the results of the analyses will be
of value in evaluating potential
environmental effects.
1~ the General Evaluation indicates the
presence of · sufficiently large number
of chemicals to render impractical the
identification of all contaminants by
chemical testing, information may he
obtained from hioassays In lieu of
chemical tests.
(~) Water co/oma e#ec~, ii)
Sediments normally contain constituents
that exist in various chemical forms and
in various concentraUons ha several
IocaUons within the sediment. An
elutriate test may be used to predict the
effect on water qual}ty due to release of
contaminants tr~m the sediment to the
water column. However, in the case of'
fill material ori,ginatin$'on land which '
may be a carrier of contaminants, a
water leachers test te appropriate.
[ii] Major constituents to be analyzed
in the elutriate are those deemed critical
by the permitting authority, aher
evaluaUn$ and considering any
comments received from the Re$iona]
Administa'ator, and considering results
of the evaluation in § 230.OO.'Elutriate.
concentrations should be compared to
concentrations of the same constituents
in water from the disposal site. Results
should he evaluated in light of the
volume and rate of the intended
discharge, the tFpe of discharge, the
hydrodynamic resime at the disposal
site, and other information relevant to
the impact on water quali~. The
permitting authority should consider the
mixing zone in evaluaUn$ water column
effects. The permitUng authority may
specify bioassays when such procedures
· will be of value,
[$) ~.f/ect~ o~ ~e~tho~. The permittinR
authority may use an appropriate
benthic bicassay {including
bioaccumulation tests) when such
procedures will be of value in assessing
ecological effects and iff establishing
discharge conditions,
{c) Procedure for comparis6n of sites.
(1} When an inventory of the total
concentration of contaminants would be
of value in comparing sediment at the'.
dredging site with sediment at the
disposal site. the permitting authority
may requi~e a sediment chemical
analysis. Markedly different
concentrations of contaminants between
the excavation and disposal sites may ·
aid in making an environmental
assessment of the proposed disposal
operation. Such differences should be
interpreted in terms of the potential for
harm as supported by any pertinent
scientific literature.
[2} When an analysis of bioingical
community structure will be of value to
assess the potential for adverse
environmental impact at the proposed
disposal site. a comparison of the
biological characteristics between the
excavation and disposal sites may be
required by the permitting authority.
Biological indicator species may be
useful in evaluating the existing de~ree
of stress at both sites. Sensitive'species
representing community components
colonizing various substrata trpes
witkin the sites should be identified as
possible bioassay organisms if tests for
toxicity ate r~qhired. Community
structure studies should be performed
only when they will be of value in
determining discharge conditions. This
is particularly applicable to large
quanUUes of dredged material known to
contain adverse quantities of toxic
materials. Community studies should
include benthic organisms such sis
inicrobiota ted harvestable shellfish
and firlfish. Abundance, diversity, and
distribution should be documented and
correlated with substrata type and other
appropriate phygical and chemical
envirorm~ntal charactaristi~.
{d} Pbyzica] tests and evaluation. The
effect of a discharge of dredged or ~ '
material on physical substrata
characteristics at the disposal site,
well as on the water circulation.
fluctuation, salinity, and suspended
particulates mmtent there, is important
in making factual determinations in
§ R30.11. IA/here information on such
effects is not otherwise available to
make these factual determinations, the
permitting authority shall require
appropriate physical testat and
evaluaUons as are justified and deemed
necessary. Snch b~sts may include sieve
tests, aettleability tests, compaction
tests, mixing zone and suspended
'particulate plume determinations, and
site assessments of water flow,
circulation, and salinity charseteristics.
SObp-'rt N--ictiorm To Minimize
Adverse Efta:ts
Nota.~There are many actions which ran
be undertaken in response to ~ lna.10[c[) to
minimize the adverse effects of c[ischarl~es of
dredged or fill material ,~ome of these.
grouped by type of activity, are listed in this
subpart.
§ 230.70 ~-tJon~ cortcemln9 the location
o! the
The effects of the discharge can be
minimized by the choice of the disposal
site. Some of the ways to accomplish
this are by:.
~a] Locating and confining the
discharge to minimize smothering of
organisms:
[b] Desto, sing the discharge to avoid a
disrupUon of periodic water inundation
patterns;
(c) Selecting a disposal site that has
been used previously for dredged
material discharge;
(dj Selecting a disposal site at which
the substrate is composed of material
similar to that being discharged, such as
discharging sand on sand or mud on
mud:
P. 83
8S3.~G Federal Register
fa) ~electin~ the disposal site, the
discharge point, and the method of
discharge to minimiz~ the extent of any
plume:
|f'] Designing the discharge o.f dr·deed
or fill mater~al to minimize or prevent
the creation of standin~ bodies of water
in areas of normally fiuctuatir~ water
levels, and minimize or prevent the
drainage of a,~eas subject to such
fluctuations,
! 230,7'1 Ac~ofls concerning the mstwtaJ
to t~ d~sctmr~ct,
The effects of a discharge can be
minimized by treatment of, or
limitations on the material itself, such
ss:
(a) Dispose] of dredged, material in
such a manner that physiochemical
conditions are maintained and the
potency and availability of pollutants
are reduced.
~o) Limiting the solid, liquid, and
gaseous components of material to be
discharged at a particular site:
lc) Adding treatment substances to
the discharge material:
{d) Utilizing chemical fiocculants to
enhance the deposition of suspended
particulates in diked disposal areas.
§ 230.72 Actions contromr;g t~e matar~al
aHer cltschargs. '
The effects of the dr'ed·ed or f'fll
material ·tier discharge may be
controlled by:
la) Selecting discharge methods and
disposal sit~ where the potential for
erosion, slumpin~ or lsachin~ of
materials into the surroundir~.aquatic
ecosystem will be reduced. These sites
or methods include, but are not limited
to:
[1) Using containment levees, sediment
basins, and cover crops to reduce
~.ro$ion:
I~) Using lined containment areas to
reduce leaching where leaching of
chemical constituents from the
discharged material is expected to be a
problem:
[b) Capping in-place contaminated
material with clean mat·fSI or
selectively dischargir~ the most
contaminated material first to be capped
'with the remaining material:
lc) MaintairLin~ and containing
discharged met·rial properly to prevent
point and nonpoint sources of pollution:
(d) Timing the discharxe to minimize
impact, for instance during periods of
unusual high water flows, wind, wave,
and tidal actions.
§ 230.73 Actions affecting the m~t~xf of
The effects of a discharge can be
minimized by the manner in which it is
dispersed, su:h as:
No. 249 / Wednesday, December 24.
(s] W~ere ezwironmentally desirable.
distributing the dre~ed material widely
in a thin lsyer at the disposal site to
mains·in natural substrata contours and
elevation:
lb) Orienting a dredged or fill material
mound to minimize undesirable
obstruction to the water current or
cir~dation pattern, and utilizing natural
bottom contour~ to mtnl~ze the size of'
the mound: .
(c) Using sot ocr·bna or ether
appropriate methods to confine
· suspended particulate/turbidity to ·
small ares where settling or removal can
occur:.
[d) Making use of cum'eats and
circulation patterns to mix~ disperse and
dilute the discharge:
'J / Rules arid Resulations
(e) F..mpJoyJng appropriate machinery
and methods of transport o! the materiel
for dischsrje.
~ 2~0.7i AetWm ~ftectM~ ~ Md
Minimization of adverse effectl on
populations of plants and animals can
be achieved by:
(al Avoiding changes in water current
and circulation patterns which would
interfere with the movement of Inimals:
(b) Selecting sites or mans~ing
discharges to prevent or avoid creating
habitat conducive to the development of
undesirable predetore or species which
have · competitive edge ecolo~cally
over indigenous plants or animals',
|c) Avoiding sites having unique .
habitat or other value, including habitat
(e) ~infmizing water column turbidity., of threatened or endangered species:
by using · submerged diffuser system. A
similar e~ect can be accomplished by
submergir~ pipeline discharges or
otherwise releasin~ materials near the
bottom:
[f) SeleCting sites or managing
discharges to confine and minimize the
release of suspended particulates to ~ive
decreased turbidity levels and to
maintain li~bt penetration for organisms:
:. [g) Setting limitations on the amount
of.mat·ri·! to be discharged per unit of
time or volume of receiving water,
· ~ischarge technology' should be
adapted to the needs of each site, in
determining whether the discharge
spar·ti, on suft'lcienLiy minimizes adverse
environmental impacts,.the ~ppllcant
should consider:.
(a) .l.)sin~ appropriate equipmen~ or
machinery, including proteCtive devices,
and the use of such equipment or
machinery in activities related to the
discharge of dredged or fill material:
[b) F.,mploying appropriate ·
maintenance and operation on
equipment or machinery, including
adequate training, Staff'Lng, and working
procedures:
{c) Using machinery and techniques
that are especially designed to reduce
damage to wetlands. This may include
machines equipped with devices that
scatter rather than mound excavated
materials, machines with specially
designed wheels or tracks, and the use
of mats under heavy machines to reduce
wetland surface compaction and rutting:
(d) Desifnir~ access roads and
channel spanning structures using
catv·rtL open channels, and diver·ions
that will peas both low ancl hish water
flows, accommodate fluctuating water
levels, and maintain circulation and
faunal movement:
(d) Using planning and construction
practices to institute habitat
development and restoration to produce
a new or modified environmental.state
of higher ecological value by
displacement of some or 811 o~ the
existing environmental charactehsfica. ' '
Habitat development and restoration
tectmiques can be used to minimize
adverse imp·cra and to compensate for
destroyed habitat. Use t~chniques that
h·ve bee~ demonstrated to be effective
~ circumstances simils2' to those under
consideration wherever possible. Whe~
proposed development and 'restoration
techniques have not yet advanced to the
pilot demonstration stage, b2ithte the~'
use on · small scale to allow coo'active
action iF unant, icipat_-d adverse impacts
Occur.'
fa) Timing dischm'~e to avoid
spawning or migration seasons and
other biologically critical time periods:
(f) Avoiding the destruction of
remnant natural,sites.within areas
already affected by development.
§ 230.76 Actions affecting human uss.
Minimization oF adverse effeCts on
human use potential may be achieved
by:
(a) Selecting discharse sites and
following discharge pro~edures to
prevent or minimize uny potential
damase to the aesthetically pleasing
features of the aquatic site [e.S.
viewscapes). ~·rticularly with respect to
water quality:.
(b) Selecti~ disposal sites which are
not valuable as natural aquatic are.:
(c] Timing the dischirge to avoid the
seasons or periods when human
re~-eetional activity associated with the
aquatic site is most important:
(d) FolloWin~ discharge procedures
which ·void or minimize the disturbance
of aesthetic features of ansquatic site or
ecosystem.
~ ' P. 84
would you
like to know
'if any changes have been made in
certain titles of the CODE OF
FEDERAL REGULATIONS w~thout
reacE~ the Federal Re~ister ~very
to the LSA (lid of CFR
S~'tions Affected), the "Federal
· Re~i~ter Index," or both.
ISA (List =f CFR Sections Affected)
$10.00
~r
~e LSA (List ~ CFR ~ions
Affe~) is design~ to
t~ C~e of F~eml Regulations to
amendato~ a~iou pu~is~ in the
Federal ~egi~er,
monthly in cumulat~
indi=te the nature of
Federal Register index $8.00
per year
Indexes c~ring the
¢~ontents-of the daily Federal Re~ister am
issued montMy in =umulativ, form.
'Entries are carried primarily under the
names of the issuir~ ai~en¢ies. $i~nifl~,nt
subjects ere carried as cross-referenr.~s.
~ A flfl41fll Bid k in=luded bt each poblir, atkm ~ ~
, ' ' ' ~ ~ F~! ~.
~ ~ ~ CFR ~i~s ~) ~il ~tin~
to ~ mail~ frae of cha~e to ~ullr FR su~H~.
.
~
~ M~ke ehegk ~y~ble to the Su~rlntend.nt of D~mem ~
HIIIllll II;~l~flllli;~;E~illillWWllllllllllllllllllll iiiii iIiIiIiiIiiii iiiiiiiiill11111111~
P. 85
Federal Register' ' "Sol. 45, No, 249 / Wednesday. December '~'~, 19S0./ Rules and Regulations
(e) Selectin~ sites'that will not be (d} To provide the basis for advanced
detrimental or ~ase ln~mpa~ble identl~tion of disposal e~es, and
hu~en activity, or ~qu~ ~e n~d ~or ~ts unsuitable for disposal, ~A and
frequent d~e or fill mainteMn~ ~e ~itti~ au~ority shall ~nuider
activity In ~mote fish and wildlife ~e likelihood ~e~ use of ~he a~a in
~ a~es: ques~on for ~ed ur fill materiel
(~ ~:atin~ the disposal site outside disposal will comply wi~ ~ese
of the vicinity of e public water supply Guidelines. To facilitate ~is analysis,
intake. ~A and the pe~itt~g autopsy should
~view available water ~sou~es
I z~.~ ~ ~ management data includi~
[e) ~ ~e ~se of fills, ~n~ll~ available f~m ~e publi~ o~er Federal
~no~ and other dis~e~es ~m , ' and State a~encies, and ~fo~efion
activities to ~ conducted on ~e fi~; f~m approved Coastal ~ne
Ih) ~ ~e ~se of dams, desi~in~ M~a~ement p~gmms ~d ~iver Basin
water ~leeses to e~ommodate ~e Plato.
needs of fish end w~lfe. [e] ~e pe~itt~ eu~o~ shoed
{c) In ~i~ projects ~ded by · maintain e public ~co~ of ~e
Federal agencies o~er ~en ~e Co~s of identified a~u end
~inee~, ma~tain desi~d water ~ of ~e basis for identi~tion ..........
e~reement ~ ~e ~ederel f~di~ ~ ~
e~o~ on scientifically defensible
pollutant concen~etion levels ~
addition to any applicable wate~ quality
stander. '
[d) When a si~i~cent ecological
change ~ ~e aquatic en~nment is
proposed by ~e disehe~e of ~dged or
~1~ material ~e pe~itt~
shou~ c~nsider ~e ecosystem ~at ~ill
be lost es well es ~e env~o~entel
benefits of ~e new system. -
Subps~ I~nnlng To ~o~en Pe~
Pr~euing T~e
{a) ConSistem ~ ~ese ~idelines. '.
~A and the pe~R~g aurora, on ,
t~e~ ~ ~i~a~ve or at ~t tnquHt of
any other pa~y and afte~ cons~tafion
with any eff~ted State ~a~ is not ~e
pe~itt~ng authority, may identify sites .
which will be considered as:
(~) Possible future disposal sites,
including cresting disposal sites and
non-sensitive areas: or
[2) Areas generally unsuitable for
disp~al site special.sion:
(b) The identification of ~ny a~a as a
possible fum~ d~sposel site should nm
be deemed to constitute a pe~it for the
discba~e of ~dged or F~I mate~al
' with~ su~ a~e or e spee~fi~ti~n of e
disposal site. The identification of a~as
thee generally wi~ not be available for
disposal site spe~fice~on should not be
deemed as prohibifi~ appli~tiom ~or
pe~its to ~scha~e ~e~ed or Fall ..
mete~al in su~ areas. ~ther t~e of
identification constitutes ~fo~etion to
facilitate individual or General permit
application end pm~eHins.
[c) ~ a~prop~ate public n~tice of the
proposed iden~fication of su~ a~as ~ ·
Shell be issued: ~ _.
· P. 86
CCAG
CITY/COUNTY ASSOCIATION OF GOVERNMENTS
OF S~'4 MXT~O COUNTY
Atherton . .Belmonz · .Brisbane. 2htrlingame . Colma . Daly City · Et~t Palo Alto. Foster City ..Iqalf Moon .Bay · ]-lillsborough · M~,nlo Park · Millbrae
.Pacifica . ]~ortola Valley · Redwood City · San Bruno · San Carlos · San Mateo· Sca~ Mateo County. South San Francisco · Woodside
August 15, 2002
Ms. Barbara Hawkins, City Engineer
City of South San Francisco
315 Maple Street
South San Francisco, CA 94083
Dear Ms: Hawkins:
Thank you
are ALUC
Proj
C/CAG Airport Land Use Committee (ALUC) Staff Comments on~t~g:.J._nit~al
2 ~"; ~inzated~ ~ve Declaranon']'~u!~ 200~ E~g~uth San F~zsco,~wer
: ~ ;emen~ ~r~, -~ ~,, ~ ~ ~4' :~ ~[ ~,ii~~
)ormmty ~ :t~mment on the a~x~;e-refere~ced docu~,-'~[-~ The foltovang
re '; airport/land ~gompati~lity issues!{~pted to the
Most of the proposed sewer system improvements are located east of U.S. Highway 101 and
north of San Frhncisco International Airport. This area is subject to aircraft overflight from
aircraft departing on Runways 28 on the Shoreline Departure Route. This departure procedure is
designed to keep departing aircraft east of the freeway to minimize aircraft noise impacts in
nearby residential areas.
Proposed Wet Weather Storage Pond
The curr~nt comprehensive airport land use plan (CLUP) for San Francisco International Airport
states: "Certain types of land uses are recognized by the Airport Land Use Commission
(C/CAG) as hazards to air navigation in the vicinity of San Francisco International Airport.
These land .uses include the following:...Any use that would attract large concentration of birds
within approach/climbout areas..."
The proposed Wet weather storage pond is a potential location.for a concentration of birds. Such
a facility can be a potential Safety hazard to aircraft in flight, due to birds in the flight path. The
proposed pond liner appears to be a better mitigation option, than cattail or bulrush habitat, to
address this issue. (see Jnitial Study/Mitigated Negative Declaration July 2002 Appendix 1, page
three of the Environmental Collaborative memo, dated March 29, 2002).
?ii t,y !,.:',~?'I
555 COUNTY CENTER, 5TH FI.,OO2,., 3ZDWOOD Crrv r-A. 94063. 650/599-1406 · 650/594-9980
CFm,40034P. 8 7:)
Letter to Ms. Barbara Hawkins, City Engineer, City of South San Francisco, RE: C/CAG
Airport Land Use Committee (ALUC) Staff Comments on the Initial Study/Mitigated
Negative Declaration July 2002 - South San Francisco Sewer Improvement Program
August 15, 2002
Page 2
San Francisco International Airport (SFO) Staff Comments
ALUC staff supports the comments submitted to you by Dale K. Blount, SFO Environmental
Planner, dated August 7, 2002. Please note his comment, re: FAA Circular 150/5200-33,
(subject: Hazardous Wildlife Attractants On or Near Airports, dated 5/1/97), regarding the
issue of wetland emergent vegetation at the proposed wet weather storage pond.
If you have any questions about these comments, please contact me at 650/363-4417.
Sincerel)~'~) /~/7
David F. Carbone, ALUC Staff
CC~
C/CAG Airport Land Use Committee (ALUC) Members '
Richard Napier, C/CAG Executive Director
Joe Rodriguez, FAA Airports District Office, Burlingame
Camille Garibaldi, FAA Airports District Office, Burlingame
Dale R. Blount, SFO Planning and Environmental Affairs
alucstaffcomssfscwer.doc
P. 88
San Francisco international Airport
RO. Box 8097
San Francisco, CA 94128
'l-el 6_50.821.5000
Fax 650.821.5005
www.flysfo.com
AtI~ P OR"I,
COMI~ISSlON
CITY AND COUNTY
OF SAN FRANCISCO
WILLIE L. BROWN, JR,
MAYOR
HENRYE. BERMAN
PRE$1D£NT
LARRY MAZZOLA
VICE PRE$1DEIVT
MICHAEL £. STRUNSK;'
LINDA S. CRAYTON
CARYLITO
JOHN L. MABTIN
AIRPORT DIRECTO£
August 7, 2002
Ms. Barbara Hawkins
City Engineer
South San Francisco Engineering Department
315 Maple Avenue
South San Francisco, CA 94083
Subject:
Comment on the Initial Study/Mitigated Negative
Declaration-South San Francisco Sewer Improvement
Program
Dear Ms. Hawkins:
Thank you for the opportunity to comment on the subject program's
mitigated negative declaration.
Per our conversation on August 1, 2002, you stated that South San Francisco
is currently proposing a lined pond in the proposed overflow basin versus
"the proposed wet weather pond.., designed to allow for the establishment
of emergent vegetation, such as cattail and bulrush, around the perimeter"
(Initial Study, Mitigation Measure 3, page 34) (similar comment made in
Appendix 1-Wet Weather Storage Pond, Environmental Collaborative memo,
dated 20 March 2002, page3).
San Francisco International Airport (SFO) supports the pond liner because
the liner would be less of a bird attractant than cattail and/or bulrush habitat.
The establishment of wetland emergent vegetation does not appear to be
consistent with Federal Aviation Administration (FAA) Advisory Circular
150/5200-33, Subject: Hazardous Wildlife Attractants On or Near Airports,
dated 5/1/97 (especially Section 2. Land Uses That Are Incompatible With
Safe Airport Operations, 2-3. Wastewater Treatment Facilities, b. Existing
wastewater treatment facilities)· A copy of the Circular in enclosed for your
information.
P. 89
Ms. Barbara Hawkins
August 7, 2002
Page 2 of 2
I recommend that South San Francisco contact the local FAA office for any
concerns that they may have about the proposed project.
If you need any clarification to this comment letter, please contac~ me at 650-
821-7847. Thank you.
Sincerely,
/~ ,,? ~~~,
/~" /' ~/7 ,y~-' /,,~,,..~
Dale R. Blo~t
Enviro~ent~ Pl~er
Piing ~d Envkomental ~aks
Enclosure
C:
Joe Rodriguez, FAA ADO
Camille Garibaldi, FAA ADO
Dave Carbone, ALUC
P. 90
U.S. Department
of Transportation
Federal Aviation
Administration
Advisory
Circular
Subject: HAZARDOUS WILDLIFE ATTRACTANTS ON
OR NEAR AIRPORTS
Date: 5/1/97
Initiated by:
AAS-310 and APP-600
AC No: 150/5200-33
Change:
1. PURPOSE. This advisory circular (AC)
provides guidance on locating certain land uses
having the.potential to attract b~'~rdous wildlife to
or in the vicinity of public-use airports. It aho
provides guidance concerning the placement of
new airport development projects (including airport
construction, expansion, and renovation) pertaining
to aircraft movement in the vicinity of h=?=rdous
wildlife attractants. Appendix I provides
definitions of terms used in this AC.
2. APPLICATION. The standards, practices,
and suggestions contained in this AC are
recommended by the Federal Aviation
Adminiswation (FAA) for use by the operators and
sponsors of all public-usc airports. In addition, the
standards, practices, and suggestions contained in
this AC are recommended by the FAA as guidance
for land use planners, operators, and developers of
projects, facilities, and activities on or near airports.
3. BACKGROUND. Populations of many
species of wildlife have increased markedly in the
last few years. Some of these species are able to
adapt to human-made environments, such as exist
on and around airports. The increase i~ wildlife
populations, the use of larger turbine engines, the
increased use of twin-engine aircraft, and the
increase in air-waffle, all combine to increase the
risk, frequency, and potential severity of wildlife.
aircraft collisions.
Most public-use airports have large tracts of open,
unimproved land that am desirable for added mar-
gins of safety and noise mkigation. These areas
can present potential hn:mrds to aviation because
they often attract hazardous wildlife. During the
past century, wildlife-aircraft strikes hive resulted
in the loss of hundreds of lives world-wide, as well
as billions of dollars worth of aircraft damage.
H~:'nrdous wildlife attractants near airports could
jeopardize future airport expansion because of
safety, considerations.
DAVID L. BENNETT
Director, Office of Airport Safety and Standards
P. 91
511197
AC 15015200-33
SECTION 1. HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR
AIRPORTS.
1-1. TYPES OF HAZARDOUS WILDLIFE
ATTRACTANTS ON OR NEAR AIRPORTS.
Human-made or natural areas, such as 'poorly-
drained areas, retention ponds, roosting habitats on
buildings, landscaping, putrescible-waste disposal
operations, wastewater treatment plants,
agricultural or aquacultural activities, surface
mining, or wetlands, may be used by wildlife for
escape, feeding, loafing, or reproduction. Wildlife
use of areas within an airport's approach or depar-
ture airspace, aircraft movement areas, loading
ramps, or aircraft parking areas may cause condi-
tions hazardous to aircraft safety.
All species of wildlife can pose a th~at to aircraft
safety. However, some species ar~ mor~
commonly involved in aircraft su'ikes than others.
Table 1 lists the wildlife groups commonly reported
as being involved in damaging su'ikes to U.S.
aircraft fi.om 1993 to 1995.
Table 1. Wildlife Groups Involved in Damaging
Strikes to Civilian Aircraft, USA, 1993-1995.
Wildlife Percent involvement in
Groups reported damaging.
strikes
Gulls 28
Waterfowl 28
Raptors I1
Doves 6
Vultures 5
Blackbirds- 5
Starlings
Corvids 3
Wading birds 3
Deer 11
1-2. LAND USE PRACTICES. Land use
practices that attract or sustain hazardous wildlife
populations on or near airports can significantly in-
crease the potential for wildlife-aircraft collisions.
FAA recommends against [and use practices, within
the siting criteria stated in 1-3, that attract or sustain
populations of hazardotm wildlife within the
vicinity of airporm or cause movement of haz-
ardous wildlife onto, into, or across the approach or
departure aimpace, aircraft movement ar~, loading
ramps, or aircraft parking area of airports:
Airport operators, sponsors, planners, and land use
developers should consider, whether proposed land
uses, including new airport development proj~m,
would increase the wildlife ha~'-rd. Caution should
be exercised to ensure that land use practices on or
near airports do not enhance the attractiveness of
the area to h,:,,~dous wildlife.
1-3. SITING CRITERIA. FAA recommends
separations when siting any of the wildlife
amactants mentioned in Section 2 or when
planning new airport development projects to
accommodate aircraft movement. The distance
between an airport's aircraft movement areas,
loading ramps, or aircraft parking areas and the
wildlife attractant should be as follows:
a. Airports serving piston-powered
aircraft. A distance of 5.000 feet is recommended.
b. Airports serving turbine-powered
aircraft. A distance of 10,000 feet is
recommended. '
c. Approach or Departure airspace. A
distance of 5 statute miles is recommended, 'if the
wildlife attractant may cause h~7~rdous wildlife
movement into or across the approach or departure
airspace.
Canids 1
P. 92
1 (and
511/97
AC 150/5200-33
SECTION 2. LAND USES THAT ARE INCOMPATIBLE WITH SAFE
AIRPORT OPERATIONS.
2-1. GENERAL. The wildlife species and the
size of the populations attracted to the airport
environment are highly variable and may depend
on several factors, including land-use, practices on
or near the airport. It is important to identify those
land use practices in the airport area that attract
hazardous wildlife. This section discusses land use
practices known to threaten aviation safety.
2-2. PUTRF.~CIBLE-WASTE DISPOSAL
OPERATIONS. Putrescible-waste disposal
operations are know~ to attract large numbers of
wildlife that a~e hazardous to aircraft. Because of
this, these, operations, when located within the
separations identifi~ in the sitting criteria in 1-3
are considered incompatible with safe airport
operations.
FAA recommends against locating
putrescible-waste disposaloperations inside the
separations identified in the siting criteria
mentioned above. FAA also recommends against
new airport development projects that would
increase the number of aircraf~ operations or that
would accommodate larger or faster aircraft, near
putrescible-waste disposal operations located
within the separations identified in the siting
criteria in 1-3.
2-3. WASTEWATER TREATMENT FACILI-
TIES. Wastewater treatment facilities and
associated settling ponds ofmn am'act large
numbem of wildlife that can pose a threat to aircraft
safety when they are located on or near an airport.
a. New wastewater treatment facilities.
FAA recommends against the cons~uction of new
wastewater treatment facilities or associated settling
ponds within the separations identified in the siting
criteria in 1-3. During the siting analysis for
wastewater treatment facilities, the potential to
auract hazardous wildlife should be considered if
an airport is in the vicinity of a proposed site.
Airport operators should voice their opposition to
such sitings. In addition, they should consider the
existence of wastewater treatment facilities when
evaluating proposed sites for new ah-pon
development projects and avoid such sites when
practicable.
b. Existing wastewater treatment
facilities. FAA recommends correcting any
wildlife b~?~rds arising from existing wastewater
trealxnent facilities located on or' near airports
without delay, using appropriate wildlife hazard
mitigation techniques. Accordingly, measures to
minimiz~ ha?~rdous wildlife am-action should be
developed in consultation with a wildlif~ damage
management biologist. FAA recommends tint
wastewater treatment facility operators incorpora~
appropriate wildlife b,?~d mitig~ion t~lmiques
into their ol~rating practices. Airport Olm~tor~
also should encourage those ~,.l:~'~to,.r~ to
incorporate these mitigation tecimiqu~ m thetr
operating practices. - .. -. -
c. A~fficial marshes. Wast~wa~r
treatmem facilities may create a~dficial mashes
and use submergent and emergent aquaria
vegetation as natural fikers. These artificial
marshes may be used by some species of flocking
birds, such as blackbirds and waterfowl, for
breeding or roosting activities. FA~-'~ends
against establishing artificial marshes ~/iihin'-the
separations identified in the siting criteria ~ated in
1-3.
d. Wastewater discharge aad sludge
disposaL FAA recommends against the discharge
of wastewater or sludge on airport property.
Regular spraying of wastewater or sludge disposal
on unpaved areas may improve soil moisture and
quality. The resultant turf growth requi~s more
frequent mowing, which in mm may mutilate or
flush insects or small animals and produce straw.
The maimed or flushed organisms and the straw
can attract h~--,'dous wildlife and jeopardize
aviation safety. In addition, the improved turf may
attract grazing wildlife such as deer and g~ese.
Problems may also occur when discharges saturate
unpaved airport areas. The resultant sofg muddy
conditions can severely resu'ict or prevent
emergency vehicles from reaching accident sites in
a timely manner.
e. Underwater waste discharges. The
underwater discharge of any food waste, e.g., fish
processing offal, that could attract scavenging
wildlife is not r~commended within the separations
identified, in the siting criteria in 1-3.
P. 93
AC 150/5200-33
2-4. WETLANDS.
a. Wetlands on or near Airports.
(1) Existing Airports. Normally,
wetlands are attractive to many wildlife species.
Airport operators, with wetlands located on or
nearby airport property should be alert to any
wildlife use or habitat changes in these areas that
could affect safe aircraft operations.
(2) Airport Development. When
practicable, the FAA recommends siting new
airports using the separations identified in the siting
criteria in 1-3. Where alternative sites are not
practicable or when expanding existing airports in
or near wetlands, the wildlife hazards should be
evaluated and minimized through a wildlife
management plan prepared by a wildlife damage
management biologist, in consultation with the U.S.
Fish and Wildlife Service (USFWS) and the U.S.
Army Corps of Engineers (COE).
NOTE: ' If questions exist as to whether or not an
area would qualify as a wetian& contact the U.S.
Army COE, the Natural Resource Conservation
Setwice, or a wetland consultant certified to
delineate wetlands.
b. Wetland mitigation. Mitigation may
be necessary when unavoidable wetland
disturbances result fi.om new ah-pon development
projects. Wetland mitigation should be designed so
it does not create a wildlife hazard.
(1) FAA recommends that wetland
mitigation projects that may attract hazardous
wildlife be sited outside of the separations
5/1/97
identified in the siting cmeria in 1-3. Wetland
mitigation banks meeting these siting criteria offer
an ecologically sound approach to mitigation in
these situations.
(2) Exceptions to locating mitigation
activities outside the separations identified in the
siting criteria in 1-3 may be considered if the
affected wetlands provide unique ecological
functions, such as critical habitat for threatened or
endangered species or ground water recharge.
Such mitigation must be compatible with safe
airport operations. Enhancing such mitigation
areas to attract b.~ardous wildlife should be
avoided. On-sim mitigation plans may be reviewed
by the FAA to determine compatibility with safe
airport operations.
(3) Wetland mitigation projects that am
needed to protect unique wetland functions (see
2-4.b.(2)), and that must be located 'in the siting cri-
teria in 1-3 should be identified and evaluated by a
wildlife damage management biologist before
implementing the mitigation. A wildlife damage
management plan should be developed to reduce
the wildlife hazards.
NOTE: AC 150/5000-3, Address List for Regional
Airports Division and Airports Dis~cr/Field
Offices, provides information on the location of
these offices.
2-5. DREDGE SPOIL CONTAINMENT
AREAS. FAA recommends against locating
ctreOge spod contamment areas w~min the
separations identified in the siting criteria in 1-3, if
the spoil contains material that would attract
hazardous wildlife.
4
P. 94
5/1/97 AC 15015200-33
SECTION 3. LAND USES THAT MAY BE COMPATIBLE WITH SAFE
AIRPORT OPERATIONS.
3-1. GENERAL. Even though they may, under
certain circumstances, ara-act hazardous wildlife,
the land use practices discussed in this section have
flexibility regarding their location or operation and
may even be under the airport operator's or
sponsor's control. In general, the FAA does not
consider the a~tivities discussed below as
h.?,rdons to aviation if there is no apparent attrac-
tion to hazardous wildlife, or wildlife b~?ard
m/tigation techniques are implemented to deal
effectively with any wildlife hm-rd that may arise.
$-2. F24CLOSED ' WASTE FACILITIES.
~closed trash transfer stations or enclosed waste
hand.'.l~n.g, f~ilities ..that receive garbage indoors;
process it via compaction, incineration, or similar
manner;, and remove ail residue by enclosed
vehicles, generally would be compatible, fi-om a
wildlife pe~oective, with safe airport operations,
provided they are not located on airport property or
within the runway protection zone (RPZ). No
putrescible-waste should be handled 'or stored
outside at any time, for any reason, or in a partially
enclosed structure accessible to b.~-rdous wildlife.
Partially enclosed operations that accept
putmscible-waste are considered to be incompatible
with safe airport operations. FAA recommends
these operations occur outside the separations
identified in the siting criteria in 1-3.
3-3. RECYCLING CENTERS. Kecyclmg
cemets that a~cept previously sorted, non-food
items such as glass, newspaper, cardboard, or
aluminum am,. in most cases, not attractive to
hazardous wildlife.
3-4. COMPOSTING OPERATIONS ON
AIRPORTS. FAA recommends agains~ locating
composting operations on airports. However, when
they am located .on an airport, composting
operations should not be located closer than the
greater of the following distances: 1,200 feet fi-om
any aircraft movement area, loading ramp, or
aircraft parking space; or the distance called for by
airport desig~ requirements. This spacing is
intended to prevent material, personnel, or
equipment fi-om penetrating any Obstacle Free Area
(OFA), Obstacle Free Zone (OFZ), Threshold
Siting Surface (TSS), or Clearway (see
AC 150/5300-13, Airport Design). On-airport
disposal of compost by-products is not
recommencied for the reasons stated in 2-3.d.
P. 95
a. Composition of material handled.
Components of the compost should never include
any municipal solid waste. Non-food waste such as
leaves, lawn clippings, branchesl and twigs
generally are not considered a wildlife am'acmnt.
Sewage sludge, wood-chips, and similar material
are not municipal solid wastes and may be used as
compost bulking agents.
b. Monitoring on-airport cmnposting o1~
erations. If composting operations ar~ to be
located on airport property, FAA r~ommends that
the airport operator monitor composting operations '
to ensure that steam or thermal rise does not affect
ai~ u'affic in any way. Discarded leaf disposal barfs
or ocher debris must eot bm allowed m blow onto
any active airport area. Also, the airport operator
should reserve the fight to stop any ol~ration that
creates unsafe, undesirable, or incompatible
conditions, at the airport.
:1-5. ASH DISPOSAL. Fly ash from 'resource
recovery facilities that are Hred by municipal solid
waste, coal or wood, is generally considered not to
be a wildlife am'acmnt because it contains no
putrescible matter. FAA generally does not
consider landfills accepting only fly ash to be
wildlife attractants, if those landfills: are
maintained in an orderly manner;, admit no putres-
cible-waste of any kind; and are not co-located with
other disposal operations.
Since varying degrees of waste consumption are
associamd with general incineration, FAA. classifies
the ash from general incinerators as a regular waste
disposal by-product and, therefore, a bn~,dous
wildlife attractant.
3-6. CONSTRUCTION AND DEMOLITION
(C&D) DEBRIS LANDFILLS. C&D debris
(Class IV) landfills have visual and operational
characteristics similar to putrescible-waste disposal
sites. When co-located with putrescible-waste
disposal operations, thc probability of baTa~dous
wildlife am'action to C&D landfilh increases
because of the similarities between these disposal
activities.
FAA generally does not consider C&D landfills to
be haTnrdous wildlife attractants, if those landfills:
are maintained in an orderly manner;, admit no
putrescible-waste of any kind; and are not co-
located with other disposal, operations.
AC 150/5200-33
511197
3-7. WATER DETENTION OR RETENTION
PONDS. The movement of storm water away from
runways, taxiways, and aprons is a normal function
on most airports and is necessary for safe aircraft
operations. Detention ponds hold storm water for
short periods, while retention ponds hold water
indefinitely. Both types of ponds control runoff,
protect water quality, and can attract hazardous
wildlife. Retention ponds are more am'active to
hazardous wildlife than detention ponds because
they provide a more reliable water source.
To facilitate hazardous wildlife control, FAA
recommends using steep-sided, narrow, linearly-
shaped, rip-rap lined, water detention basins rather
than retention basins. When possible, these ponds
should be pl~ced away from aircraft movement
areas to minimize aircraft-wildlife interactions. All
vegetation in or around detention or retention
basins, that provide food or cover for b,?srdous
wildlife should be eliminated.
If soil conditions and other requirements allow,
FAA encourages the use of underground storm
water infiltration systems, such as French drains or
buried rock fields, because they' are less am'active
to wildlife.
3-8. LANDSCAPING. Wildlife attraction to
landscaping may vary by geographic location.
FAA recommends that airport operators approach
landscaping with caution and confine it to airport
areas not associated with aircraft movements. All
landscaping plans should be reviewed by a wildlife
damage management biologist. Landscaped areas
should be monitored on a continuing basis for the
presence, of hazardous wildlife. If hazardous
wildlife is detected, corrective actions should be
implemented immediately.
3-9. GOLF COURSES. Golf courses may be
beneficial to airports because they ·provide Open
space that can 'be used for noise ,mitigation or by
aircraft during an emergency.. On,airport golf
courses may also .be a concurrent use that provides
income to the airport.
Because of .operational and .monetai'y benefiU, golf
courses art often deemed compatible land uses on
.or near airports. However, waterfowl ·(especially
Canada geese) and some species of gulls are
attracted :to .the large, grassy areas and open water
found on most gOlf,courses. Because waterfowl
and gulls occur throughout the U.S., FAA recom-
mends that airport opcratom exercise caution and
consult with ~a ·wildlife damage management
biologist when considering proposals for golf
course construction or expansion on or near
airports. Golf courses should be monitored on a
continuing basis for the presence of ba?ardous
wildlife. If hazardous wildlife is detected,
corrective actions should be implemented
immediately.
3-10. AGRICULTURAL CROPS. As noted
above, airport operators ot~en promote revenue-
generating activities to supplement an airpores
financial viability. A common concurrent use is
agricultural crop production. Such use may create
potential h.~.,rds to aircra/t by attracting wildlife.
Any proposed' on-airport agricultural operations
should be reviewed by a wildlife damage
management biologist. FAA generally doe~ not
object to agricultural crop production on airports'
when: wildlife h.~-rds are' not predicted;" the
guidelines for the airport areas specified in 3-10.a-f.
are observed; and the agricultural operation is
closety monitored by the ah'pon operator or
sponsor to ensure that hazardous wildlife are not at-
lracted.
NOTE: If wildlife becomes a problem due to on-
airport agricultural operations, FAA recommends
undertaking the remedial actions described in
3-10.f.
a. Agricultural activities adjacent to
runways. To ensure safe, efflciem aireraR
operations, FAA recommends that no agricultural
activities be conducted in the Runway Safety Area
(RSA3, OFA, and the OFZ Csee AC 150/5300-13).
b. Agricultural activities in areas
requiring minimum object clearances. Restricting
agricultural operations to areas outside .the ILS&
OFA, OFZ, ,and Runway Visibility Zone (RVZ)
(see AC 150/5300-13) will normally provide the
minimum' object clearances required by FAA's
airpon~flesign standards. FAA recommends that
farming .operations not be Permitted within areas
critical to the proper operation of localizers, ,glide
slope indicators, or other visual or electronic
navigational aids.. Determinations of minimal areas
that mustbe kept free of farming operations should
be made on a case-by-case basis. .If navigational
aids are present, .farm leases for on-airport agri-
cultural activities should be coordinated with FAA's
Airway Facilities Division, ;in accordance with
FAA Order 6750.16, Siting Criteria for Imwawent
Lanflmg Systems.
NOTE: Crop restriction lines conforming to the
dimensions set forth in Table ;2 will normally
nrnvide the minimum object 'clearance required by
P. 96
511/97
FAA airport design standards. The presence of
navigational aids may require expansion of the
restricted area.
c. Agricultural activities within an
airport's approach areas. The RSA, OFA, and
OFZ all extend beyond the runway shoulder and
into the approach area by varying distances. The
OFA normally extends the farthest and is usually
the controlling surface. However, for some
runways, the TSS (see AC 150/5300-13,
Appendix 2) may be more controlling than the
OFA. The TSS may not be penetrated by any
object. The minimum distances shown in Table 2
are intended to prevent penetration of the OFA,
OFZ, or TSS by crops or farm machinery.
NOTE: Ti~reshoid Siting standards 'should not be
¢o~ wkh the approach areas described in '-'
Title 14, Code of Federal Regulations, Pan 77,
(14 CFR 77), Objects Affecting Navigable
Airspace.
d. Agricultural activities between
intersecting runways. FAA recommends that no
agricultural activities be permitted within the RVZ.
If the terrain is sufficiently below the runway
elevation, some types of crops and equipment may
be acceptable. Specific determinations of what is
permissible in this area requires topographical data.
For example, if the terrain within the RVZ is level
with the runway ends, farm machinery or crops
may interfere with a pilot's line-of-sight in the
RVZ.
AC 150/5200-33
e. Agricultural activities in areas
adjacent to taxiways and aprons. Farming
activities should not be permitted withia a taxiway's
OFA. The outer portions of aprons are frequently
used as a taxilane and farming operations should
not be' permitted within the OFA. Farming
operations should not be permitted between
runways and parallel taxiways.
f. Remedial. actions for problematic
agricultural activities. If'a problem with
bnTnrdou$ wildlife develops, FAA recommends thai
a professional wildlife damage management
biologist be contacted and an on-site inspection be
conducted. The biologist should be r~quasted to
determine the source of the hazardous wildlife
attrm:tion and suggest remedial a~ion, l~gardless.
of the source of the attra~on, pm..mpt remedial
'actions ~--ptote~t a~/iaiion saf~ ar~ ree. ommencl~t.
The remediai actions may range ~om choosing
another crop or farming technique to comptete
termination of the agricultural operation.
Whenever on-airport agricultural operations are
stopped due to wildlife baT-rds or annual harvest,
FAA recommends plowing under all crop residue
and harrowing the surface area smooth. This will
reduce or eliminate the area's attractiveness to
foraging wildlife. FAA recommends thai this
requirement be written into all on-airport farm use
contracts and clearly understood by the lessee.
P. 97
Table 2. Minimum Distances Between Certain Airport Features And Any On-AirPort Agriculture Crops.
Aircraft Approach Distance in Feet From Runway Ccnterlin¢ To Distance in Feet From Runway Distance In Feet From Distance In Feet
Category And Crop End To Crop Centerlinc Of Taxiway From Edge Of
Design Group ~ To Crop Apron To Crop
Visual& I Visual& I
Category A 8: B Aircraft
Group I 200: 400 300~ 600 45 40
Group Ii 250 400 400~ 600 66 58
Group III 400 400 600 I~00 93 8 !
Group IV 400 400 1,000 !,000 130 I i 3
Catcgm~ C, D & E Aircraft
Group i 5]0~ 5755 1,000 1,000 45 40
Group I1 530~ 5753 1,000 1,000 66 58
Group Ill 530~ 575~ 1,000 1,000 93 8 i
Group IV 530~ 5755 1,000 1,000 130 I 13
GrouP V 530~ 575~ 1,000 1,000 160 138
Group VI ~ 530~ . 575~ 1,000 1,000 193 167
I. Design Groups are based on wing span, and Category depcnd~ on approach speed of the aircraft.
Group i: .Wing span up to 49 fl. Category A: Speed less than 91 knots
Group I1: Wing span 49/1. up to 78 fi. Category B: Speed 91 knots up to 120 knots
Group !11: Wing span 79 fl. up to 117 fl. Category C: Speed 121 knots up lo 140 knots
Group IV: Wing span i ig 1t. up 1o 170 fl. Calegory D: Speed 141 knots up lo 165 knots
Group V: Wing span 171 IL up lo 2 i 3 11. Category E: Speed 166 knots or more
Group VI.'. Wing span 214 fl. up to 261 11.
2~ if the runWay will only serve Small airplanes (12,500 lb. And under) in Design Group I, this dimension may be reduced lo 125 feel; however, this dimension
Should be increased where necessary to accommodate visual n~lvigational aids that may be installed. For example fanning operations should not be allowed
within 25 feet ora precision Appr°nch Path Indicator (PAPI) Ii§hi box.
3. These dimensions r~flect Ihe TSS ns defined in AC 150/5300-13, Appendix 2. The TSS cannot be penetrated by any object. Under these condilions, thc TSS
is more restrictive than the OFA, and the dimensions shown here nrc to prevent penelralion oflhe TSS by crops ?nd farm mn.chinery.
~Ill97
AC 150/$200-33
SECTION 4. NOTIFICATION OF FAA ABOUT HAZARDOUS WILDLIFE
ATTRACTANTS ON OR NEAR AN AIRPORT.
4-I. GENERAL. Airport operators, land
developers, and owners should notify the FAA in
writing of known or reasonably foreseeable land
use practices on or near airports that either attract
or may attract b..7~rdous wildlife. This section
discusses those notification procedures.
4-2. NO1TFICATION REQUIREMENTS
FOR WASTE DISPOSAL SITE OPERATIONS.
The Environmental Protection Agency (EPA)
requires any operator proposing a new or expanded
waste disposal operation within 5 statute mil~s of a
runway end to notify the appropriate FAA Regional
Airports Division Office and 'the airport operator of
the propor~i (40 CFR ~g, .CHt.eCa for Municipal
Solid Was~e [,~nd~ section 238.10, A/rpon
Safety). The EPA also requires owners or operators
of new municipal solid waste landfill (MSWLF)
units, or lateral expansions of existing MSV~L,F
units that are located within 10,000 feet of any
airport runway .end used by 'turbojet aircraft or
within $,000 feet of any airport runway end used
only by piston-type aircraft, to demonstrate
successfully that such units are not b.7-~ds to
aircraft.
a. Tuning of Notification. When new or
expanded MSWLFs are being proposed near
airports, MSWLF operators should notify the
airport operator and the FAA of this as early as
vossible oursuam to 40 CFR Part 25g. Air~ort
operators should encourage the MSWLF operators
to provide notification as early as possible.
does not attract h,7-rdous wildlife and does not
threaten aviation, the developer must establish
convincingly that the facility will' not handle
pu~escible material other than that as outlined in
3-2. FAA requests that waste site developers
provide a copy of an official permit .request
verifying that the facility will not handle
pu~escible material other than that as outlined in
3-2. FAA will use this information to determine if
the facility will be a b.7-rd to aviation.
4-3. NOTIFYING FAA ABOUT OTHER
WILDLIFE ATTRACTANTS. While U. $. EPA
regulations require landfill own~..rs to provide
notification, no similar regulatiom m~luir~
notifying FAA about changes in other land
practices that'can create ba~'~rdous wildlife
attractants. Although ,it is not requh'ed by
regulation, FAA requests those proposing land use
changes such as those discussed in 2-3, 2-4, and 2-5
to provide similar notice to the FAA as early in the
development process as possible. Airpo~ operators
that become aware of such proposed development
in the vicinity of their airporu should also notify
the FAA.. The notification process gives the FAA
an opportunity to evaluate the effect of a particular
land use change on aviation safety.
The land use operator or project proponent may use
FAA Form 7460-l, No~ce o£ Proposed Con-
struction or Alteratmn. or other suitable documents
to notify the appropriate FAA Kegionat Airports
Division Office.
NOTE: AC 150/5000-3 provides information on
these FAA offices.
b. Putresdble-Waste Fadlitias. In their
effort to satisfy the EPA. requirement, some
putrescible-waste facility proponents may offer to
undertake experimental measures to demonstrate
that their proposed facility will not be a hazard to
aircraft. To date, the ability to sustain a reduction in
the numbers of baTardou$ wildlife to levels that ex-
isted before a putrescible-waste landfill began
operating has not been successfully demonstrated.
For this reason, demonstrations of experimental
wildlife control measures should not be conducted
in active aircraft operations areas.
c. Other Waste Facilities. To claim suc-
cessfully that a waste handling facility, sited within
the separations identified in the siting criteria i- ~-~
P. 99
It is helpful if the notification includes a 15-minute
quadrangle map of the area identifying the location
of the proposed activity, The land use operator or
project proponent should also forward specific
details of the proposed land use change or
operational change or expansion. In the case of
solid waste landfills, the information should
include the type of waste to be handled, how the
waste will be processed, and final disposal
methods.
4-5. FAA REVIEW OF PROPOSED LAND
USE CHANGES.
a. The FAA discourages the development
of facilities discussed in section 2 that will be
located within the 5,000/10,000-foot criteria m 1-3.
AC 150/5200-33
b. For projects which are located outside
the 5,000/lO,O00-foot criteria, but within 5 statute
miles of the airport's aircraft movement areas,
loading ramps, or aircraft parking areas, FAA may
review devetopmem plans, proposed land use
changes, operational changes, or wetland mitigation
plans to determine if such changes present potential
wildlife hazards to aircraf~ operations. Sensitive
airpor~ areas will be identified as those that lie
under or next to approach or departure airspace.
This brief examination should be sufficient to
determine if further investigation is warranted.
c. Where fiaXher study has been conducted
by a wildlife damage management biologist to eval-
uate a site's compatibility with airport operations,
the FAA. will use the study results to make its
determination.
d. FAA will discourage the development
of any excepted sites (see Section 3) within the
criteria specified in 1~3 if a study shows that the
area supports h.~nrdons wildlife species.
4-6. AIRPORT OPERATORS.' Airport
operators should be aware of proposed land use
changes, or modification of existing land uses, that
could create hazardous wildlife attractants within
the separations identified in the siting criteria in
l-3. Particular attention should be given to
proposed land uses involving creation or expansion
of waste water treatment facilities, development of
wetland mitigation sites, or development or
expansion of dredge spoil containment areas.
a. AlP-funded airports. FAA
recommends that operawrs of. AlP-funded airports.
to the extent practicable, oppose off-airport [and
use changes or practices (within the separations
identified in the siting criteria in 1-3) that may
· attract :ha~,,rdons wildlife. Failure to-do so could
place 'the airport operator or sponsor in
noncompliance with applicable grant assurances.
FAA recommends against the placement of airport
development projects pertaining to aircraft
movement in the vicinity of hazardous wildlife
awractants. Airport operators, sponsors, and
planners should identify wildlife aaractants and any
associateci wildlife hazards during any planning
process for new airport development projects.
b. Additional coordination. If, after the
initial review by FAA, questions remain about the
existence of a wildlife hazard near an airport, the
airport operator or sponsor should consult a wildlife
damage management biologist. Such questions
may be triggered by a history of wildlife strikes at
the airport or the proximity of the airport to a
wildlife refuge, body of water, or similar feature
known to attract wildlife.
c. Specialized assistance. If the services
of a wildlife damage management biologist are
required, FAA recommends that land use
d~velopers or the airport operator contact the
appropriate state director of the United Stat~
Department of Agriculture/Animal Damage Conlxoi
(USDAYADC), or a consultant specializing in
wildlife damage management. Telephone numbers.
for the respective USDMADC sram offices may be
obtained by contacting USDA/ADCs Operational
Support Staff, 4'/00 Privet Koad, Unit 87,
Riverdale, MD, 20737-1234, Telephone
(301) 734-7921, Fax (301) 734-5157. The ADC
biologist or consultant should be requested to
identify and quantify wildlife common to the area
and evaluate the potential wildlife hazards.
d. Notifying airmen. If an existing land
use practice creates a wildlife hazard, and the land ·
use practice or wildlife h.?.rd cannot be immedi-
ately eliminated, the airport operator Should issue a
Notice to Airmen CNOTAM) ,and encourage the
land owner 'or manager to take .steps to control the
wildlife hazard .and minimize further attraction.
511197
I0
P. IO0
5/1/97 AC 15015200-33
Appendix I
APPENDIX 1. DEFINITIONS OF TERMS' USED IN THIS ADVISORY CIRCULAR.
1. GENERAL. This appendix provides
definitions of terms used throughout this AC.
a. Aircraft movement area. The
runways, taxiways, and other areas of an airport
which are used for taxiing or hover taxiing, air
taxiing, takeoff, and landing of aircraft exclusive of
loading ramps and aircraft parking areas.
b. Airport operator. The operator (private
or public) or sponsor of a public use airport.
c. Approach or departure airspace. The
airspace, within 5 statute miles of'an airport,
through which aircraft move during landing or
d. Concurrent use. Aeronautical property
used for compatible non-aviation purposes while at
the same time serving the primary, purpose for
which it was acquired; and the use is clearly bene=
ficial to the aisport. The concurrent use should
generate revenue to be used for airport purposes
(see Order 5190.6A, A/rport Compliance
Requirements, sect. 5h).
e. Fly ash. The fine, sand-like residue
resulting from the complete incineration of an
organic fuel soume. Fly ash typically results Rom
the combustion of coal or waste used to operate a
I~ower generating plant.
j. Putrescible-waste disposal operation.
Landfills, garbage dumps, underwater waste
discharges, or similar facilities where activities
include processing, burying, storing, or otherwise
disposing of putrescible material, trash, and refuse.
k..Runway protection zone (RPZ). An
ama off the runway end to enhanc~ the pro,ion
of people and property on the ground (s~
AC 150/5300-13). The dimensions of this zone
vary with the design aircraft, ~ of op~'ation, and
visibility minimum.
L Sewage sludge. The cie-we~l
effluent msultinS fi'om secondary, or t~rti~
treatment of municipal sewage and/or industrial
wastes, including sewage sludge as referenced 'in
U~S. EPA's Ei'fluent Guidelines and Standar~
40 C.F.IL Part 401.
m. Shoulder. An area adjacent to the edge
of paved runways, taxiways, or aprons providing a
transition between the pavement and the adjacent
surface, support for aircraft running off the
pavement, enhanced drainage, and blast protection
(see AC 150/5300-13).
n. Turbine-powered aircraft. Aircraft
powered by turbine engines including turbojets and
turboprops but excluding turbo-shaft rotary-wing
aircraft.
['. Ha~,ardoua wildlife. Wildlife species that
are commonly associated with wildlife-aircraft
strike problems, are capable of causing structural
damage to airport facilities, or act az atlractants to
other wildlife that pose a wildlife-aircraft strike
hazard.
g. Piston-use airport. Any airport that
would primarily serve FIXED-WTNG, piston-
powered aircraft. Incidental use of the airport by
turbine-powered, FIXED-WING aircraft would not
affect this designation. However, such aircraft
should not be based at the airport.
h. Public-use airport. Any publicly
owned airport or. a privately-owned airport used or
intended to be used for public purpo, ses.
i. Putrescible material. Kouing organic
material.
o. Turbine-use airport. Any airport that
ROUTINELY serves FIXED-WING turbine-
powered aircraft.
p. Wastewater treatment fadli~. Any
devices and/or systems used to store, treat, recycle,
or reclaim municipal sewage or liquid industrial
wastes, including Publicly Owned Treatment
Works (POTtl0, as defined by Section 211l of the
Federal Water Pollution Control Act (P.L. 92-500)
as amended by the Clean Water Act of 1977
(P.L. 95-576) and the Water Quality Act of 1987
(P.L. 100-4). This definition includes any
pretreatment involving the reduction of the amount
of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or
otherwise introducing such polluumts into a
POTW. (See 40 C.F. tL Section 403.3 (o), (p), &
(q)).
P. 101
AC 150/5200-33
Appendix 1
q. Wildlife. Any wild animal, including
without limitation any wild marnmak bird, reptile,
fish, amphibian, mollusk, crustacean, arthropod,
coelenterate, or other invertebrate, inciudin§ any
parr, product, egg, or offspring there of
(50 CFR I O. 12, Taking, Passession.
?ransportar~on. Sale. Purchase, Barter.
Exportation. and Importanon of Wildlife and
Plants). As used in this AC, WILDLIFE includes
feral animals and domer~ic animals while om of the
control of their owners (14 CFR 139.3,
Certit'ication and Operations: Land Ai~orrs
Serving CAB.¢ertiticate~l $~eduled A~r Carriers
Operating Large Aircraft (Other nan
Helicopters)).
51119'/
r. Wildlife attractants. Any human-made
structure, land use practice, or human-made or
natural geographic feature, that can am'act or
sustain b~?ardous wildlife within the landing or
departure airspace, aircraft movement ama, loading
ramps, . or aircraft parking areas of an airport.
These at'rractants Call include bat are not limited to
architec~rai features, landscaping, waste disposal
sites, wastewater trcalment facilities, agricultural or
aquaculrurai activities, surface mining, or wetlands.
s. Wildlife hazard. A potential for a
damaging aircraft collision with wildlife on or near
an ah'pon (14 CFR 139.3).
RESERVED.
P. 102
U.S Department
of Transportation
Federal Aviation
Administration
Western-Pacific Region
Airports Division
:'" :.: / iAirPorts District Office
831 Mitten Road, Room 210
Burlingame, CA 94010
August 29, 2002
Ms. Barbara Hawkins
City Engineer
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94083
Dear Ms. Hawkins:
Re: Initial Study/Mitigated Negative Declaration-South San
Francisco Sewer Improvement Program
Mr. Dale Btount, Environmental Planner for the San Francisco
International Airport (SFO) provided my office with a copy of his
August 7, 2002 letter regarding the sewer improvement project for the
city of South San Francisco. We have also received a copy of the
August 15, 2002 letter written by Mr. David Carbone, ALUC Staff, for
the subject project.
The city of South San Francisco is a grant recipient of federal noise
insulation project funding. As a grantee the City is obligated to take
the necessary measures to assure land use compatibility for the
continued safe and efficient operation of aircraft at SFO.
Federal Aviation Administration (FAA) policy for land use compatibility
and hazards to aviation includes control of the height of structures,
growth of natural ~egetation on or off airport property, zoning or land
use measures to protect the airspace required for safe arrival and
departure corridors for runway operations. The City and County of San
Francisco (CCSF) is obligated by federal grant assurances to maintain
safe operation corridors and eliminate or enact measures to control the
creation of hazardous conditions to the airport traffic area.
The approved Airport Layout Plan (ALP) for the San Francisco
International Airport (SFO) depicts the runways and mandatory safety
areas for airport operations. The ALP approved by the FA~ should be
utilized to define the required airport surfaces for land use
compatibility. The ALP depicts the Runway Protection Zone (RPZ), and
outer runway approach protection surface areas as specified in Federal
Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace
and Advisory Circular (AC) 150/5300-13, Air~ort Design.
The expansion or establishment of landfill operations within a distance
of 10,0000 feet of a runway end used by or planned to be used by
turbine-powered aircraft is not recommended. Orant Assurance Numbers
20 & 21, (Hazard Removal and Mitigation, and Compatible Land Use)
require the CCSF to apply appropriate FAA site criteria to control,
mitigate, or eliminate high-risk conditions to normal airport
operations.
P. 103
Enclosed for your information are policy and procedures on locating
facilities on or near airports within the vicinity of hazardous
wildlife attractants. The recommended criteria for the evaluation of
hazards to SF0 operations are contained in AC 150/5200-34, Construction
or Establishment of Landfills Hear Public Airports, and AC 150/5200-33,
Hazardous wildlife A~tractions On or Near Airports.
The enclosed Federal Register Notice is provided for your information.
The Federal Register Notice dated July 11, 2002, Vol. 67, No. 133,
pages 45948-45952,for Municipal Solid Waste Landfill Location
Restrictions for Airport Safety should be reviewed to determine if your
proposed project complies with the applicable federal and local
government notification requirements.
You may contact my office if you have additional questions regarding
FAA airport planning or environmental review procedures for airports.
My office hours are 7:00 am to 3:30 pm, phone number is (650) 876-2805;
e-mail address is joe.rodriguez @faa.gov.
Sincerely,
Supervisor, Environmental Planning and Compliance Section
Cc: Mr. Dale Blount, SFO Environmental Planner
Mr. David Carbone, San Marco County, ALUC Staff
P. 104
Contents
Federal Register
Vol. 67, No. 135
Monday, July 15, 2002
Agricultural Marketing Service
PROPOSED RULES
Prunes (dried) produced in--
California, 46423
Agriculture Deparlment
See Agricultural Marketing Service
See Forest Service
See Rural Business-Cooperative Service
Army Department
See Engineers Corps
NOTICES
Patent hcensesi non-exclusive, exclusive, or partially
exclusive:
Ricin vaccine and methods of making and using;
correction, 46566
Centers for Disease Control and Prevention
NOTICES
Grants and cooperative agreements; availability, etc.:
Hawaii; End Stage Renal Disease; demons~ation project
to reduce incidence aud severity of in~ection in
patients, 46520-46522
Human ~mmunodeficiency virus [HIV)--
Zimbabwe; support ~o~ civil-society organizations, -
46522
Medicaid:
State plan amendments, reconsideratio,~; hearings--
Connecticut, 46523
Centers for Medicare & Medicaid Services
NOTICES
Agency information collection activities:
Proposed collection; comment request, 4652~ 56525
Submission for_ OMB.review; comment request, 46525:-
46526
Chlldreh and -Families Administration
· NOTICES '
Grant and cooperative agreement awards:
U~ivarsity of Maryland, 46526
Organization, functions, and authority delegations:
Refugee Resettlement Of:~ice, 46526-46527
Coast Guard
RULES
Ports and waterways safety:
T~ledo Captain of FoR Zone, OH; security zones,
46385-46387
Gary, ]~q; safety zone, 46388-46389
Miami Captain of Port.area, FL; security zones, 46389-
46392
Milwaukee Captain of Port Zone,-WI; safety Zones~
46367-46368
Commerce Department
See International Trade Administration
See National Oceanic and Atmospheric Admln~stration
NOTICES
Agency information cbllection activities:
Submission for OMB review; comment request, 46457-
46458 ...
Committee for the Implementation 'of Textile Agreements
NOTICES
Cotton, wool, and man-made textiles:
Bangladesh, 46458
, Indonesia, 46458-46460
Philippines, 46460-46461
Romania, 46461
Defense Department
See Army Department
See Ensineers Corps
See Na-~y Department
Education Department
NOTICES
Agency information conection activities:
Submission for OMB review; comment request;
correction, 46566
Energy Department
See Energy Efficiency and Renewable Energy Office
See Federal Energy Regulatory Commission
NOTICES
Meetings: .
Environmental Management Site-Specific Advisory
Board--
Paducah Gaseous Diffusion Plant, IC/,. 46462-46463
Green Olympics Program; implementation; dialogue with
Beijing (C.h~na) City Government; Stakeholders, 46463
Energy Efficiency and Renewable Energy Office
NOTICES
'Meetings:
Biomass Research and Development Te~.h~ical Advisory.
Committee, 46463-46464
Reports and guidance documents; availability, etc.:~
Energy Standard for Buildings, Except Low-Rise
Residential..Buildings; Building Energy Standards
Program; energy efficiency improvements
determination, 46464-46488
'Engineers Corps ·
NOTICES
Environmental statements; notice .of intent:
Los Angeles County, CA; West Basin Marine Terminal
improvement proiects; correction, 46566
Environmental Protection Agency
RULES
Air pollutants, hazardous; national emission standards:
.' Maine; pulp and paper industry, 46393-46398 .
airport safety [Editorial N~)te: This document,
published at 67 FR 45915 in the Federal Re~ister of
Thursday, July 11, 2002, was incorrecfl7 listed under
"Hazardous waste:" in that issue's table of contents.]
P. 105
Contents
Federal Register
Vol. 67, No. 133
Thursday, July 11, 2002
Agriculture Department
See ~n~mal and Plant Health Inspection Service
See Farm: Service Agency '
See Forest Service
See Rural Business-Cooperative Service
RuI~Es
Freedom o£ Information Act; implementation, 45895-45896
Animal and Plant Health Inspection Service
RULES
Exportation and importation of animals and ~nivnal
products:
Bovine spongLform encephalopathy; disease status
Austria, 45896-45897
Finland, 45896
PROPOSED RULES
Plant-related quarau~ne, foreigu:
Clementines ~rom' Spain, 459Z2-45933
Army Department
See Engineers Corps
NOTICES
Patent licenses; non-exclusive, exclusive, or partially
exclusive:
Browser for accident and/nciden~ registw, 45959
Bonneville Power Administration
NOTICES
Enviromnental statements; notice of intent:
. BP Cherry Point Cogeneration Proiect, WA, 45961-45963
Coast Guard
RULES
Ports and waterways 'safety:
Boston and Salem Harbors,.M~, 45907-45909 '
Lake Huron, Harbor Beach, MI, 45902-45903
Lake Washington, WA; safety zone, 45905-45907
.Ohio River, Portsmouth, OH, 45'903-45905
PROPOSED RULES
· Ports and waterways safety:
USCGC Eagle port visit, Salem Harbor, MA; safety and
security zones, 45945-45947
Commerce Department
See International Trade ~kdm~istration
See National Oceanic and Atmospheric Adm~nlstration .
Defense Department
See Army Department
See E~ee=s Corps
'Education Department
NOTICES
Gornmittees; establishment, renewal, termination, etc.:
Opportunity in Athletics, Secretary of Education's
Commission, 45951
Employment and Training Administration
NOTICES
Agency information collection activities: -
Proposed collection; comment request, 46003-46005
Energy Department
See Bonneville Power Aam~=istration
See Energy E. ffi~iency and Renewable Energy Office
See Energy Information A'dm~ni strafion
See Federal Energy-Regulatory Commission
.Energy Efficiency and Renewable Energy Office
NOTICES
Grants and cooperative agreements; availability, etc.:
Truck Essential Power Systems; research and
development, ·45961
Energy information Administration
NOTICES
~anc7 information collection a'c~ivities:
Proposed collection; comment request, 45963-45964
' Engineers Corps
NOTICES
Environmental statements;, availability, etc.:
Mahoning River, OH; environmental dredgin~ pr.oject;
public scoping meeting, 45959-45960
Environmental statements; notice of intent'.
Sacramento River East Levee and Natomas Cross Canal
Levee mod~cations, American Kiver project, CA,
45960-45961
Environmental Protection Agency
RULES
Air quality implementation plans; approval and
promulgation; various States:
Georgia, 45909-45915
Hazardous waste:
Municipal sohd waste lana~i]s; location restrictions for
airport safety, 45915-45920
PROPOSED RULES
Air pollutants, hazardous~ national emission staudarSs:
Fabrics and other textiles; printing, coatin§~ and dyeing
operations, 46027-46088
Air quality implementation plans; approval and
promulEafion; various. States:
Georgia, 45947-45948
Hazardous waste:
~~~o~a~on.~est~ons ~for
NOTICES
Super~xmS; response and remedial actions, Proposed
settlements, etc.:
· 2~gelillo Property Site, CT, 459~8-45980
Executive office of the Presiden~
See P~residential Documents
Export-import Bank
NOTICES
China: '
Petrochemicals; eqmpment and Other.goods and services
sent on behal~ of U.S. exporters; finance application,
45980
P. 106
45948
Federal Register / Vol. 67, No. 133 / Thursday, July 11, 2002 / Proposed" Rules
ornmen .ting on th/s document should
o so at this time.
DATES: Written comments must be
received on or before August 12, 2002.
ADDRESSES: ,All comments should be
addressed to: Scott M. Martin at the
EPA, Region 4 Air Pl~nnin~ Branch, 61
Forsyth Street, SW, Atlanta, Georgia
30303-8960.
Copies of the State submittal are
available at the following addresses for
inspection during normal business
hours:
Environmental Protection A~enc7,
Region 4, Air Pl~nnlug Branch, 61
Forsyth Street, SW, Atlanta, Georgia
30303--8960.
Air Protection Branch, Georgia
Environmental Protection Division
Georgia Deparinnent of Natural
Resources, 4244 International
Parkway, Suite 120, Atlanta, ' .
Georgia 30354. Telephone (404)
363-7000.
FOR FURTHER INFORMATION CONTACT:
Scott Martin at (404) 562-9036. E-mail:"
marlin.scott~epa.gov.
SUPPLEMENTARY INFORMATION: For
additional information see the direct
final rule which is published in the
Rules section of this Federal Register.
Dated: June 28, 2002.
Winston A. Smith,
Acfin$19e~'onal A dministrator, Regi°n 4.
[FR Doc. 02-17456 Fi!ed 7-10-02; 8:45 am].
BILLING CODE B5B0-50--P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 258
[F--2002-AIRlm-~FFFP; FRL-7227-8]
RIN 2050-AE91
Municipal :Solid Waste Landfill
Location Restrictions for Airport
.Safety
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing action to
amend the location restriction
requirements in the criteria for
municipal- solid waste land~]]s
(MSWLFs). EPA is amending this
provision in order to incorporate new
landfill siting requirements enacted in
the Wendell II. Ford Aviation
Investment and Reform Act for the 21st
Century (Ford Act). The Ford Act siting
restrictions apply to specified smaller
pubhc airports to address the potential
hazard that birds, attracted to MSWLFs
may pose to aircraft operations. Today's
proposed amendment does not affect 703-412-9810 or TDD 703-412-3323
existing MSWLFs. (hearing impaired).
In the "Rules and Regulati'ons" For information on specific aspects of
section of today's Federal Register, EPA this rule, contact Mary T.'Moorcones,
is promulgating this amendment as a Municipal and Industrial Solid Waste
direct final rule without prior proposal Division of the Office of Solid Waste
because we view this as a (mail code 5306W), U.S. Environmental
noncontroversial amendment and Protection Agency Headquarters [EPA,
anticipate no adverse comment. In the HQ), 1200 Pennsylvania Avenue, NW,
event that EPA receives adverse Washington, DC 20460; telephone: 540-
comments on the direct final rule, we 338-1348; e-mail:
will address alt public comments in a <moorcones.mary~epamafl.epa.gov>.
subsequent final rule based on this You can also access sor3e information
proposed rule; and, we will not institute about this rule elec~onJcally via the
a second comment period on ~ action. Intarnet at: <http://www. epo.gov/
If we receive no adverse comment, we epaoswer/non-hw/muncpl/landfill/
will not take any further action on this airport.btm>.
prop°sed rule. Any parties interested in SUPPLEMENTARY ~NFORMAT~ON:
commenting must do so at this time. Re,related Entities
DATES: Comments must be received on
Entities potentially regulated by this
· or before August 12, 2002.
action are public or private individuals
ADDRESSES: This section provides or groups seekingto construct or
addresses regarding:'(1) Where and in establish new municipal solid waste
what form you should submit responses landfills (MSWLFs) near specified
to'today's action; (2) where you can airports after April 5, 2000. Affected
view public comments responding to categories and entities are included in
this action; and (3) where you Can view the following table:
the docket index and supporting.
documents to the proposed rule. Please Category ~xamples of regulated
reference RCRA Docket No. F-2002- entities
AfRF-FFFF in your comments. You may
submit your comments (1) in hard copy Federal Govern- Agencies constructi'n9 or
(paper) either by mail Or by hand or (2) . ment. establishing new
MSWLFs within six
using electronic mail, as follows: miles of a public air-
. Mail: Submit an original and two port.
hard copies to the RCKA Docket State, Local and Governments con-
ILuformatio= Center, Office of Solid Tribal Govern- structing or estab-
· Waste (5305W) U.S. Environ.mental mont. lishing new MSWLFs
Protection Agency, Ariel Pdos Building, within Six miles of a
1200 Pennsylvania Ave., IWW, public airport.
Washington, DC 20460. The table above is not intended to be
· Hand Dehveries: Submit an original exhaustive but rather to provide
and two hard copies to the RCRA
examples of entities likely to be
Information Center (PdC), Crystal regulated.by this action. To determine
Gateway I, First Floor, 1235 Jefferson whether your facility would be
Davis Highway, Arlington, Virginia impacted by this action, you should
22202.
carefully ex~m~ue the applicability
· Electronic Submissions: Via the criteria in the rule. If you have questions
Interuet to: rcra-docket~epa.~ov. You regarding the applicability of this action
must provide your electronic to a particular facility, pleaSe contact
· submissions as ASCII files; and, you Mary T. Moorcones, U.S. Environmental
must avoid the use of special characters P~otection Agency, Office of Solid
and amy form of encryption. Comments Waste (5305.W), ~200 Pennsylvania
in electronic format should also be Avenue, NW., Waskington, DC 20460;
identified by referencin~ RCRA Docket telephone: 54o-338-]1348; e-maiL
Nc: F-2002-AIRF-FFFF. <moorcones.mary~epg.~nail.epa.~ov>..
See the SUPPLEMENTARY INFORMATION Entities ~onsidering COns'auction or
section for inJormation about where and establislnnent of a new MSWLF also
how you can view the docket for this should contact the Federal Aviation
rule, including etectroni_c access to some Adr,~ui~tration (FAA) to determiue if an
of the information such as the docket airport within six statute miles of the
index and supporting documents, new MsWIav meets the criteria
FOR F~RTNEa INFORMATION COm'ACT: For established by FAA to comply with the
general information, contact t]ie RCRA statute. The FAA can be contacted at the
Hotline at .800-42.4-9346 or TDD 800- F.A_A's.Office o£ Airport Safety and '
553-7672 [hearing impaired). In the Standards, Airport Safety and
Washington, DC, metropolitan area, call Certification Branch, a~ 800-842-8736,
P. 107
Federal gegister/¥ol. 67, No. 133/Thursday, July 11, 2002/Proposed Rules
45949
Ext. 7~085 or via e-mail at
< WebmasterARP@faa.gov>.
.Acronyms
The hall names for the acronyms used
in this document are listed in the
following table:
Acronym Definition
AC ............... Federal Aviation Administra-
tion Advisory Circular 150/
5200-34, together with its
Appendix 1, dated August
26, 2000.
CFR ............. The United States Code of
Federal Regulations.
EPA-. ............ The UnitedStates Environ-
mental Protection Agency.
FAA ............. The United States Federal
Aviation Adm[n stration.
Ford Act ....... Wendell H. Ford Aviation in-
vestmen[ and Reform Act -
for the 21st Century.
MSWLF ....... Munic!pal Solid Waste Landfill.
NqWA ........... National.Technology and
Transfer Act of 1995.
OMB ............ The United States Office of
Management and Budget.
RCRA ..........The Resource Conservation
, and Recovery Act.
RIC .............. Resource .Conservation and
Recovery Act information
Center.
UMRA ..........Unfunded Mandates Reform
Act of 1995.
U,S .............. United States.
U.S.C ........... United States Code.
Whe~ To Find and View Information
About This Rule
All documents in the docket for this
rulemaking, including public
comments, are available for review in
the RCP, A Information.Center (FAC),
located at Crystal Gateway.I, First Floor,
1235 Jefferson Davis Highway,
Arlington, VA. The FaC is open f~om 9
a.m. to 4.p.m., Monday through Friday,
excluding federal holidays. To review
the docket materials in person, 'we
recommend that the public m~ke au
appc/mtment by col}int.703-603-9230.
The public can hard copy a maximum
of 100 pages f~om the docket at no
charge. Additional copies cost $0.15/
page.
You can access the Index to the
docket and the supporting documents
elec~onically On the Internet at:
<htip ://www. epa.gov/epaosWer/non.h w/
muncpJ/JandfiI1/oJrport.htm>. If you
access the information electronically,
~ou can download or print copies free
of charge.
Preamble
.Outline
· I. Legal Authority for Today's Proposed Rule .
[[. Why We Are Proposing an Amendment to
the MSWLF Location Restrictions for
Airport Safety
EI. Description of How Today's Proposed
Action Would Chanse the Current
Regulations
IV. Description o£Today's Proposed
Amendment to MSWLF Location
Restrictions for Airport Safety
A. La~clfills to Which the Proposed New
Restrictions Apply
B. Exempgons to the Limitations
V. How the States and Tribes Implement This
Rule
VI. Why We Are Also Promulgating'This
Proposed Amendment As a Direct Final
Rule Without Prior Proposal
VE. Applicabilit3! of Relevant Statutes and
Executive Orders to Today's Proposed
Rule
A. Executive Order 128BB: Resulatory
Plnn~iu§ & Review
B, ReS, ulatory Flexibility Act
C. Unfunded Mandates Reform Act '
D. Paperwork Reduction Act
E. Executive Order 13132; Federalism
F, Executive Order 1,q175: Consultation
and Coordinatioi with Indian Tribal
Governments
G. Executive Order 13045: Protection of
C]:/ildren ~om Environmental Health
Risks and Safety Risks
H. National Technology Transfer &
Advancement Act of 1995
I. Executive Order 12898: EnvironmentaJ
Justice
J. Executive Order 13211; Energy Effects
I. Le§al AUthority for Today's Proposed
Kule
The EPA is proposing this rule under
· Sections 1008(a), 2002 (general rule
makin~ authority~, and 4004 of the
Resource Conservation and Recovery
Act o£ 1976, as amended, 42 U.S.C.
6907[a), 6912, 6944.
II. Why We Are Proposing an
Amendment to the MSWLF Location
Restrictions'for Ah'port Safety
· On April 5, 2000, Congress enacted
the Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century [Ford Act), Public Law 106-
181. Section 503 of the Ford Act
includes a provision 3~mlting the
"consn'uctJon or establishment" o~
municipal sOlid waste landfills
(MSWLFs) wi~h~u si~. m/les of certmin
smaller public airports. The FAA issued
guidance regarding-the requirements of
the Ford Act in FAA Advisory Circular
{AC) 150/5200-34. (~u~ust 26, 2000).
Today's proposed rule incorporates the
statutory requirement into EPA's
Criteria for Municipal Solid Waste
Lana~i]],, 40 CFR part 258. Specifically,
we are proposing to amend the location
restriction requirements pert~u~u~ to
airport safety found in § 258:10 of the
criteria by adding 'this new location
restriction to the existing location
restrictions.
Section 503 of the Ford Act was
enacted to address the potential hazard
posed to aircraft by birds attracted to
landfills. According to the Federal
Aviation Administration (FAA), an
estimated 87 percent of the collisions
between wildlife and civil aircraft
occurred on or near.airports when
aircraft were less than 2,000 feet above
ground level. Collisions with wildlife at
these altitudes are especially dangerous
because aircraft pilots have rn~n~rnal
time to recover. Databases managed by
the FAA and the United States Air Force
show that more than 54,000 civil and
mihtary aircraft reported strikes with
wildlife from ~990 to 1999 [FAA AC No.
~50/5200-34).
III. Description of How Today's'
Proposed Action Would Change the
Current Regulations
40 CFR 258.10 sets forth location
restrictions for MSWLFs to address
airport safety. The § 25ma0(a) and (c)
contain requirements for new MSWLFs,
existing MSWLFs and lateral'
expansions of landfills that are located
withiu 1~,000 feet of any airport runway
used-by turbojet aircraft or within 5~000
of any airport runway used only by
piston-type aircraft. Owners or operators
of such landfLUs are required to (1)
demonstrate that the MSWLFs are
designed and operated so as not to
"pose a bird hazard to aircraft," (Z) .
place a copy of the demonstration in the
MSWLF operating record, and (B) notify
the State Director that it has been placed
in the operating file. "State Director" is
defined as "the chief aamlu~strative
officer, of the lead state asency
responsible for implementing the state
permit program for 40 CFR part 257,
subpart B and 40 CFR part 258 regulated
facilities.'
Section 258.10(b) applies to new
MSWLFs .and lateral expansions
proposed to be constructed within a
five-mile radius of the end of any airport
runway used-by tUrboiet or piston-type
aircraft. For such proposed new
MSWLFs and lateral expansions, the
owner or operator must notify the
affected a/rport and the FAA.
Section 258.10(d) defines "airport" to
mean a "public-use airport open to the
'public.without prior permission and
without restrictions, wi*h~ the physical
capacities of available facilities." This
subsection also defines "bird hazard2'
IV. Description of Today's Proposed
Amendment to MSWLF Location
Kestricfions for Airport Safety
Today's proposed rule -adds a new
paragraph (e) to § 258.10 that
incorporates the location restrictions
enacted in.§ 503 of the Ford Act
P. 108
45950 Federal Register/gel. 67, No. 133 / Thursday, ·July 11, 2002 / Proposed Rules
prohibiting construction or
establishment of a new MSWLF within
slx miles of a "public airport." A
"public airport" is one that: (1) Has
received grants under the Airport and
Airway. Improvement Act of 1982, as
amended (chapter 471, 49 u.S.c. 47101,
et. seq.) and (2) is primarily served by
general aviation aircraft and regularly
scheduled ah carrier operations that use
aircra_~ designed for. 60 passengers or
less. Today's proposed rule applies to
MSWLFs (as defined in 40 CFR 257.3
' through 257.8) that receive putrescible
waste (as defined in 40. CFR 25Y.3
through 257.8).'
A. Landfills to Wlu'ch the Pro~9osed New
Restrictions Apply
The new. six (6) mile restriction only
applies to new MSWLFs constructed or
established after April 5, 2000.
"Constrnct a MSWLF" is defined as in
Appendix 1 of the FAA AC 150/5200-
3-4 as "excavate or grade land, or rats6
structures, to prepare a municipal solid
waste landfill as permitted l~y the '
appropriate regulatory 'or permitting
authority." "Establish a MSWLF" is
defined in Appen~lix 1 of the FAA AC
150/5200-34 as a MSWLF that
"receives[s] the first load of putrescible
waste on site for placement in a
prepared municipal sohd waste
land,Il."
To deterz~ine whether ~' airport in
the vicinity of a proposed MSVv-LF is an
airport that is subject to the Ford Act,
the landfill owner or operator should
contact the FAA. As the FAA ~idance
indicates, those airports covered by the
Ford Act.do not fall into a classification
or category that has been established by
the FAA or other legislation. See FA_&
AC No. 150/5200-34, section 8. If the
airport in question does not meet the
definition in the Ford ~,ct, then today's
rule does not apply to the proposed
'lanam], I~ the airport in question meets
the Ford Act definition, then the
· proposed lanaml must be located at
least six miles ~rom the airport. The.
FAA AC 150/5200-34 also provides
guidance for determining whether a new
MSWLF falls withju ~he six mile range..
The six mile distance is to be measured
from.. "the closest point of the airport
property boundary to the closest point
o£ the MSWLF property boundary (FAA
AC No. 150/5200-34, section 9).
B. Exemptions to the Limitations
The six mile siting )imitation does not
apply to: (1) A MSWLF where
construction or establishment began on
or before April 5, 2000; (2) an existing
MSWLF that received putrescible waste
on or before April 5, 2000; {3) an
exisO.ug MSWLF (constructed or
established before April 5, 2000)'that is
expanded or modified after April 5,
2000; or (4) MSVvU_~s in the State of
Alaska. In addition, the aviation agency
of the state in which the airport is
loca{ed can request an exemption f~om
the.sLx mile limitation from the FAA for
a new MSWLF. Section 10 of the FAA
AC No. 150/5200-34 sets out the
procedure for applying for an
exemption.
New MSWY_Zs that are not snbject to
the. six mile siting l~m~tafion, including
those in the State of Alaska, continue to
be subject to the landfill siting criteria
at 40 CFR 258(a)-(d).
.V. How the States and Tribes
Implement This Rule
EPA recognizes that today's rule and
the language in the Ford Act are more
stringent than the existing 258.10
location restrictions because the
boundary for newly constructed or
established'MSWLFs is moved from five
miles to six miles from certain airports.
However, .EPA does not deem this
change to be significant. This provision.
concerns only new MSWLFs
constructed or established after April 5,
2001. EPA does not expect many new
landfills to be constructed, and expects
fewer still to be located in the vicinity
of an airport defined in section 503 of
the Ford Act. In addition, EPA notes
that the statutory restriction in Section
503 of the Ford Act applies to such'new
MSWLFs regardless of whether EPA
incorporates its terms into the MSWLF
criteria. Therefore states are no~
required to amend permit programs
which have been determ~ued to be ·
adequate under 40 CFR part 239. States
however have the option to amend
' statutory orregulatory definitions
pursuant to today's rule. If a state
uhooses to amend its permitprogram
pursuant to today's action, the state
must notify.the Re~ional Adm~u~strafi0n
of the modification as provided by 40
CFR 239.i2. Today's amendments are.
flirecfly applicable to land~]]s in states
without an approved permit program
under Part 239, cud in Indian Country.
We also encourage Wibes to adopt
· today's amendments into their
pr. ograms.
Vi. Why We Are Also Promulgating
This Proposed Amendment As a Direct
Final Promulgation Without Prior
PropoSal
In the "Rules and Regulations"
~ection of.today's 'Federal I[e~ister, EPA
is also promulgating this amendment as
a direct'final rule without prior proposal
because weview this as a
noncontroversial amendment and
anticipate no adverse comment because
P. 109
it simply incorporates the legislative
directive of the Ford Act. We explained
our reasons in the Preamble to the direct
final rule. EPA is maid.ag this change in
order to eliminate potential confusion
between the new requirements under
the Ford Act and the MSWLF criteria,
promulgated in 1991 pursuant to the
Resource Conservation and Recovery
Act (RCRA). The final rule will be
effective on October 9,2002, without
further notice unless we receive adverse
comment by August 12, 2002. H we
receive no adverse comment, we will
not take further action on this proposed
rule. If EPA receives adverse comment,
we will publish a timely withdrawal of
the direct final rule in the Federal
Ke~ister i¢fform~ug the public that the
direct final rule will not take effect. We
· will addres~ all public comments in a
subsequent final rUle based on the
proposed rule. We will not institute'a
second comment per!od on this action.
Any parties interested in commenting
must .do so at this time. A comment will
be considered-adverse if it: (1) Is
negative and addresses the basis or
purpose of the rule; (2) suggests that the
rule should not be adopted or offers
facts or data contrary to the basis upon
which EPA relied in issuing the rule;'(S)
recommends changes that suggest that
the rule without these changes would be
inappropriate; and (4) is germane. A
comment is not adverse if it: (1) Is nat
clearly related to the subject of the rule
and/or (2) supports the rule or is
irrelevant to th~ rule (e.g., a comment
addressing an aspect of the program not
considered kd the rule).-
VII. ApPlicability of Relevant Statutes
and Executive Orders to .Today's Rule
A. Executive Order 12866: ReLcJatory
Planning & He~ew.
Under Executive Order 12866, EPA
must determ~ue whether a regulatory
action is significant and therefore
subject to Office of Management and
Budget .(OMB) review and the other
provisions of the Executive Order.
Executive Order 12866 defines a
siguificantregulatory action as one that
is likely to result in actions that may: (1)
Have an auuual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
pubhc health or safety, or ·State, local,
or tribal governments, or communities;
(2) c~eate a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
materially alter the budgetary impact of
entiflements, grants, user fees, or loan
programs or the fights and obligations of
Federal Register/Vol. 67, No. 133/Thursday, ~uly 11, 2002 ~ Proposed Rules
45951
recipients thereof; or (4) raise nova)
legal or policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order."
It has been determined that this rule
is not a "significant regulatory action"
under the terms of Executive Order
12866.and ~s therefore not subject to
O/rIB review. Today's rule, deals only
with siting of future hndiv~dual
MSWLFs after the statute's passage,
does not have an adverse impact on the
economy, the environment, the public,
or governments. Similarly, it neither
'interferes with other agencies nor
impacts other programs, the President's
priorities, or toga] mandates. Indeed,
today's direct final rule codifies a legal
mandate that enhances public safety
and is more protective of wildlife than
doing nothing.
B. Be~ulatory Flexibility Act
The Regulatory Flexibility Act, as
amended by the .Small Business
· Regulatory Enforcement Fa/mess Act of
1996, 5 U,S.C. 601 et seq., generally
requires an agency to prepare, and make
available £or public cor~roent a
regulatory flexibility analysis that
describes the hnpact of a proposed or
final rule on small entities (i.e., small
businesses, small organizations, and
small governmental iurisdictions). The
regulatory flexibility analysis is not
required if the head of an agency
certifies that the rule will not have a
significant adverse impam on a
substantial nm-nbar of small entities. If
the agency certifies that there is no such
impact, the agency must provide a
statement of the factual basis for the
certification.
After consideriqg the economic
impacts of today's proposed rule on
small entities, I certify that this action
will not have a' significant economic
impact on a substantial number of small
entities. This proposed rule will not
impose any requirements on small
entities.
The following discussion explains
EPA's factual basis for our certification
.that this proposed rule will not have a
significant adverse impact on a
substantial number of small entities.
This proposed rule does not impact any
existing MSWLFs, only future
construction and establi~tnnent of
MSWLFs begun after the date of the
ena~nent of the statute (April 5, 2000).
There will be no added costs to those
entities iuvolved in establishing or
consm~cting new MSWLFS because this
proposed rule will not increase the
requirements for lan&fills begun on or-
before the enactment of the statute; it
will only affect, their location. Similarly,
it will not increase requirements for
ex/sting landfills, regardless of size. As
a result, today's proposed rule will not
impose significant new burdens on
small entities. Therefore, for the reasons
stated above, the EPA certifies that the
proposed rule will not have a significant
impact on a substantial number of small
entities.
C, Unfunded Mandates I~eform ACt
Title II of the Un~mded Mandates
Reform Act of 1995 (LPvIR~I, Public
Law 104-4, establishes requirements for
federal agencies to assess the e~fects of
regulatory actions on state, local, and
tribal governments, .and the private:
sector. ·Under Section 202 of the UMRA, ~
EPA generally must prepare a v~itten
statement, including a cost-benefit
analysis, for proposed and final rules
with "Federal mandates" that may
result in expenditures to state, local,
and tribal governments--either in the
aggregate er to the private sector--of
$100 million.or more in any one year.
Before promulgating an EPA rule for
Which a written statement is needed,
section 205 of the ~ generally
requires EPA to identify and consider a
reasonable number of alternatives and
adopt the least costly, most cost
effective, or' least burdensome
alternative that achieves the obiective of
the rule. The above requirements of
Section 205 do not apply when they are
inconsistent with applicable law.
Moreover, Section 205 allows EPA to
· adoPt an alternative other than the least
cosily, most cost-effective or least
burdensome alternative if the
Aflrn~n~strator.publishes with the final
rule an explanation why that alterna'dve
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
(under Section 203 of the UiVfRA) a
small govermn~nt agency plan. The plan
must provide 'for: (1) Notifying
potentially affected small governments;
{2) enabling officials of a~ected small
· governments to have meaui~gful and
.timely Input in the development of EPA
regulatory proposals with signi~cant
· federal intergovernmental.mandates;
,and (3) informing, educating, and
advising small governments on
compliance with the regulatory
requirements.
Today's. proposed rule does not
contain any federal mandates that are
covered under the r%mlatory provision
of Title li of the ~ that apply to
state,.local, or tribal goveruments or the
private sector. The rule does not impose
any additional enforceable duty on any
state, local, or tribal governments or on
the private sector. Thus, today's
proposed rule is not subject to the
requirements of Sections 202 and 205 of
UMRA.
D. Paperwork Reduction Act
The Paperwork Reduction Act, 44
U.S.C. ~501 et. seq., requires the f~deral
government (and thus EPA) to minimize
the paperwork burden resulting from
any collection of information by or for
the federal govern.mem. Under 44 U.S.C.
3501 et seq., EPA musI subm/t a request
to collect the information, together with
a copy of the rule, to the Office of
Management and Budget (OMB) in those
cases where EPA is collecting
information in a notice of proposed or
final rule making. EPA does not plan to
submit an ICR to OM[B for review under
the Paperwork Reduction ACt,. 44 U.S,C.,
3501 et seq. because there are no
information collection requirements
associated with today's proposed ruleL
E. Executive Order 13132: Federalism
Executive Order 181S2, entitled
"Federgism" (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
"meanlngfu] and timely input by state
and local o~ficials in the devdlopment of
regulatory policies that have federalism
implications." 'The phrase, "policies
that have federalism implications," is
defined in the Executive Order to
include regulations that have
"substantial direct effects on the states,
on the relationship between the national
govennnent and the states, or on the
distribution o~ power and
responsibilities among the various
levels of government."
Today's proposed rule does not have
federalism implications. It will not have
substantial dire~ effects on the stateS~
on thd relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified In
Executive Order ~3132. The proposed
rule does not impose any requirements,
implementation duties, enforcement
'duties, monitoring requirements, or
reporting requirements on states. Thus,
Executive Order 13132 does net apply
to this proposed rule.
F. Executive Order ~3~ 75: Consu/tat/on
and Coordination With Indian TdbaJ
Governments
Executive Order-*13175, entitled
"Consultation and Coordination with
Indian Tribal Governments" (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure "me~ni~$fnl and timely input by
tribal officials in the development or
P. 110
45952 Federal Register, Vol. 67, No. 133/Thursday, July 11, 2002 ~ ?roposed Rules
regulatory policies that have tribal
implications." "Policies that have tribal
implications" ere defined in the
Executive Order to include regulations
that have "substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of po~ver and
responsibilities between the Federal
government and Indian tribes."
Under section 5(b) of Executive Order
13175, EPA may not issue a regulation
that has tribal implications, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by tribal
governments, or EPA consults with
tribal officials early in the process of
developing the proposed re~-lation.
Under section 5(c) Of.Executive Order
13175, EPA may not issue a regulation
that has tribal implications and that
preempts-tribal law, unless the Agency
consults with tribal officials early in the
process of developing the proposed
regulation.
This proposed rule does not have
tribal implf~ations, as specified in
Executive Order 13175. Today's action
incorporates requirements that are
already in effect.pursuant to the Ford
Act. Thus, Executive Order 13175 does
not apply to this rule.
G. EXecutive Order / 3045: Protection of
Children From Environmental Health
Risks and Safety P~sks
Executive Order 1'3045, "Protection of
Children ~rom Environmental Health
Risks and Safety Risks" applies tO any
rule that: (1) Is determlued to be
"economically si~n~cant", as defined
u~der Executive Order 12866,. and (2)
conCerns'an environmental health or .
safet~ risk thatEPA has reason to
believe may have a disproportionate '
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the enviromnental health
or safety effects of the planned rule on'
children, and must explain why the
p]auned-resulafion is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
This proposed rule is not subject to
the .Executive Order because it is not
economically si~aificant as defined in
· Executive Orde~ 12866 and because the
Agency does not have reason to believe
the environmental health or safety risks
· ad~essed by this action, i.e., hazards to
aircraft from bir~ attracted to
municipal solid waste landfills, present
a disproporkionate risk to children.
H. National Technology Transfer and
Advancement Act of. 1995
Section 12(dj of the National
Tec .hnology Transfer and Advancement
Act.of 1995 ("NTTA"), Public Lav~ 104-
113, Section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities'
unless to do so would be inconsistent
with applicable law or would be
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus.
standards bodies. The NTTA directs
EPA to provide Con,ess, thrcugh OMB,
explanations when the EPA decides not
to use available and applicable
voluntary consensus standards.
Today's proposed rule does not
.involve technical standards. Therefore,
EPA &id not consider the use of any
voluntary co~.sensus.
I. Executi~ze Order 12898:
Environmental/ustice.
EPA has undertaken to incorporate
environmental justice into its policies
and pro~ra.ms through: (1) Executive
Order 12898, "Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations"; (2) EPA's April 1995,
"Environmental Justice Strategy, Office
of Solid Waste and Emergency Response
Environmental Justice Task Force
Action Agenda Report"; and (3) the
National.Environmental ]ustice
Advisory Council. EPA is committed to
addressing environmental iustice
concerns, and has .assumed a leadership
role in environmental justice initiatives
to enhance environmental quality for all
residents of the United 'States. The
Agency's goals are to ensure: (1) That no
sesment of the population--regardless ·
of race, color, national origin, or
income--bears disproportionately high
and adverse human health and
environmental effects, as a result of
EPA's policies, pr0~rams, and activities;
and (2) that all people live in clean and
sustainable communities. The EPA
believes that today's proposed rule,
which conforms the language in 40 CFR
258.10 to the Ford Act, has no adverse
environmental or economic impact on
any rn~nority Or low-income Stoup, or
on any other type' of affected
community. These standards would no~
affect the location of any MSWLF other
than to prohibit the looation of MSWLFs
wifh~n six miles of a public airport as
defined in the proposed rule.
l. Exec. uffve Order 13211: EnerEy Effects
This proposed rule is not subject to
Executive Order 13211, "Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use" because it is not a
significant regulatory action under
Executive Order 12866.
List of Subjects in 40 CFR Part
Environmental protection, Reporting
and recurdkeeping requirements, Waste
treatment and disposal, Water pollution
control.
Dated: May 31, 2002.
Christine Todd Whitman,
Administrator..
[FR Doc. 02-~§995 Filed 7-~0.-02; 8:45 am]
ell. LING CODE 6SSD-S0--U
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 020628163-2163-01; I.D.
0613D2B]
RIN 064~-AP43
Fisheries off West Coast States and in
the Western Pacific; Coastal Pelagic
Species Fisheries; Annual
Specifications
AGENCY: National Marine Fisheries
Service {NMFS), National Oceanic and
Atmospheric Administration (NOA.~), .'
Commerce.
AC?~O~: Proposed rule.
SU~AmY: NivIFS proposes a regulation
to'implement the ~n~ual harvest
~ideline for Pacific mackerel in the'
exclusive economic zone (EEZ) off the
Pacific coast. The Coastal Pelagic'
Species. (CPS) Fishery Management Plan
(FMPI and its implementing regulations
require'NMFS to set an auuual harvest
~mideline for Pacific mackerel based on
the formula in the FMP. The ~tended
effect of this action is to propose
allowable harvest levels for Pa'cific
mackerel off the Pacific coast.
DATES: Comments must be rac~ived by
~uly 26, 2002.
ADDRESSES: Sen'd comments on the
proposekl rule to Rod.uey R..Mc]nnls,
Acting Admin~stra. tor, Southwest
Region, NMFS, 501 West Oceah
Boulevard, Suite 4200,.Long Beach, CA
90802. The report Stock Assessmem of
Pacific Mackerel with
Recommendations for the 2002-2003
Management Season may be obtained at
fids same address;
P. 111
U.S. Department
of TranSportation
Federal Aviation
Administration
Advisory
Circular
Subject: CONSTRUCTION OR ESTABLISHMENT Date: August 26, 2000 AC No: 150/5200-34
OF LANDFILLS NEAR PUBLIC AIRPORTS Initiated by: AAS-300 Change:
1. Purpose. This advisory circular (AC) contains guidance on complying with new
Federal statutory requirements regarding the construction or establishment of landfills
near public airports.
2. Application. The guidance contained in the AC is provided by the Federal
Aviation Administration (FA_A) for use by persons considering the construction or
estabhshment of a municipal solid waste landfill (MSWLF) near a public airport.
Guidance contained herein should be used to comply with recently enacted MSWLF
site limitations contained in 49 U.S.C. § 44718(d), as amended by section 503 of the
Wendell H. Ford Aviation Investment and Reform Act for the 2 l~t Century, Pub. L.
No. 106-181 (April 5, 2000), "Structures interfering with air commerce." In
accordance with § 44718(d), as amended, these site limitations are not applicable in
the State of Alaska.
In addition, this AC provides guidance for a state aviation agency desiring to petition
the FAA for an exemption from the requirements of § 44718(d), as amended.
3. Related Reading Materials.
a. AC - 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, May
1, 1997.
b. Wildlife Strikes to Civil Aircraft in the United States 1990-1998, FAA
Wildlife Aircraft Strike Database Serial Report Number 5, November 1998.
c. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal
Sites in the Vicinity of Airports, April 1996, DOT/FAA/AS/96-1.
d. Title 14, Code of Federal Regulation, Part 139, Certification and Operations:
Land Airports Serving Certain Air Carriers.
e. Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste
Landfill Criteria.
Some of these documents and additional information on wildlife management,
including guidance on landfills, are available on the FAA's Airports web site at
www.faa.gov/arp/arphome.htm.
P. 112
8/26/00 AC 150/5200-34
4. Definitions. Definitions for the specific purpose of this AC are found in Appendix 1.
5. Background. The FAA has the broad authority to regulate and develop civil aviation
under the Federal Aviation Act of 1958, 49 U.S.C. § 40101, et. seq., and other Federal
law. In section 1220 of the Federal Aviation Reauthorization Act of 1996, Pub. L. No.
104-264 (October 9, 1996), the Congress added a new provision, section (d), to 49 U.S.C.
§ 44718 to be enforced by the FAA and placing limitations on the construction or
establishment of landfills near public airports for the purposes of enhancing aviation
safety. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the
21st Century (AIR-21), Pub. L. No. 106-181 (April 5, 2000) has replaced section 1220 of
the 1996 Reauthorization Act, 49 U.S.C. § 44718 (d), with new language. Specifically,
the new provision, § 44718(d), as amended, was enacted to further limit the construction
or establishment of a MSWLF near certain smaller public airports.
In enacting this legislation, Congress expressed concern that a MSWLF sited near an
airport poses a potential hazard to aircraft operations because such a waste facility
attracts birds. Statistics support the fact that bird strikes pose a real danger to aircraft.
An estimated 87 percent of the collisions between wildlife and civil aircraft occurred on
or near airports when aircraft are below 2,000 feet above ground level (AGL). Colhsions
with wildlife at these altitudes are especially dangerous as aircraft pilots have minimal
time to recover from such emergencies.
Databases managed by FAA and the United States Air Force show that more than 54,000
civil and military aircraft sustained reported strikes with wildlife from 1990 to 1999
(28,150 civil strikes and 25,853 military strikes). Between 1990-1999, aircraft-wildlife
strikes involving U. S. civil aircraft result in over $350 million~year worth of aircraft
damage and associated losses and over 460,000 hours/year of aircraft down time.
From 1990 to 1999, waterfowl, gulls and raptors were involved in 77% of the 2,119
reported damaging aircraft-wildlife strikes where the bird was identified. Populations of
Canada geese and many species of gulls and raptors have increased markedly over the
last several years. Further, gulls and Canada geese have adapted to urban and suburban
environments and, along with raptors and turkey vultures, are commonly found feeding
or loafing on or near landfills.
In light of increasing bird populations and aircraft operations, the FAA believes locating
landfills in proximity to airports increases the risk of collisions between birds and
aircraft. To address this concern, the FAA issued AC 150/5200-33, Hazardous Wildlife
Attractions On or Near Airports, to provide airport operators and aviation planners with
guidance on minimizing wildlife attractant. AC 150/5200-33 recommends against
locating municipal solid waste landffils within five statute miles of an ah-port if the
landfill may cause hazardous wildlife to move into or through the airport's approach or
departure airspace.
P. 113
8/26/00 AC 150/5200-34
6. General. Using guidance provided in the following sections, persons
co~idering construction or establishment of a landfill should first determine if the
proposed facility meets the definition of a new MSWLF (see Appendix 1). Section
44718(d), as amended, applies only to a new MSWLF. It does not apply to the expansion
or modification of an existing MSWLF, and does not apply in the State of Alaska. If the
proposed landfill meets the definition of a new MSWLF, its proximity to certain public
airports (meeting the criteria specified in Paragraph 8 below) should be determined. If it
is determined that a new MSWLF would be located within six miles of such a public
airport, then either the MSWLF should be planned for an alternate location more than
6 miles from the airport, or the MSWLF proponent should request the appropriate State
aviation agency to file a petition for an exemption from the statutory restriction.
In addition to the requirements of § 44718(d), existing landfill restrictions contained in
AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports (see Paragraph 5,
Background) also may be applicable. Airport operators that have accepted Federal funds
have obligations under Federal grant assurances to operate their facilities in safe manner
and must comply with standards prescribed in advisory circulars, including landfill site
limitations contained in AC 150/5200-33.
7. Landffils Covered by the Statute. The limitations of § 44718(d), as amended,
only apply to a new MSWLF (constructed or established after April 5, 2000). The
statutory limitations are not applicable where construction or establishment of a MSWLF
began on or before April 5, 2000, or to an existing MSWLF (received putrescibte waste
on or before April 5, 2000). Further, an ex/sting MSWLF that is expanded or modified
after April 5, 2000, would not be held to the limitations of § 44718(d), as amended.
8. Airports Covered by the Statute. The statutory limitations restricting the
location of a new MSWLF near an airport apply to only those airports that are recipients
of Federal pants (under the A/rport and Airway Improvement Act of 1982, as amended,
49 U.S.C. § 47101, et seq.) and to those that primarily serve general aviation aircraft and
scheduled air carder operations using aircraft with less than 60 passenger seats.
While the FAA does not classify airports precisely in this manner, the FAA does
categorize airports by the type of aircraft operations served and number of armual
passenger enplanements. In particular, the FAA categorizes public airports that serve air
carrier operations. These airports are known as commercial service airports, and receive
scheduled passenger service and have 2,500 or more enplaned passengers per year.
One sub-category of commercial service airports, non.hub primary airports, closely
matches the statute requirement. Non.hub primary airports are defined as commercial
service airports that enplane less than 0.05 percent of all commercial passenger
enplanements (0.05 percent equated to 328,344 enplanements in 1998) but more than
10,000 annual enplanements. While these enplanements consist of both large and small
air carrier operations, most are conducted in aircraft w/th less than 60 seats. These
airports also are heavily used by general aviation aircraft, with an average of 81 based
aircraft per nonhub primary airport.
P. 114
8/26/00 AC 150/5200-34
In addition, the FAA categorizes airports that enplane 2,500 to 10,000 passengers
annually as non-primary commercial service airports, and those airports that enplane
2,500 or less passengers annually as general aviation airports. Both types of airports are
mainly used by general aviation but in some instances, they have annual enplanements
that consist of scheduled ak carrier operations conducted in aircraft with less than 60
seats. Of the non-primary commercial service airports and general aviation airports, only
those that have scheduled air carrier operations conducted in akcraft with less than 60
seats would be covered by the statute. The statute does not apply to those airports that
serve only general aviation aircraft operations.
To comply with the intent of the statute, the FAA has identified those airports classified
as nonhub primary, non-primary commercial service and general aviation airports that:
1. Are recipients of Federal grant under 49 U.S.C. § 47101, et. seq.;
2. Are under control of a public agency;
3. Serve some scheduled air carrier operations conducted in aircraft with less
than 60 seats; and
4. Have total annual enplanements consisting of at least 51% of scheduled air
carrier enplanements conducted in aircraft with less than 60 passenger
seats.
Persons considering construction or establishment of a new MSWLF should contact the
FAA to determine if an airport within six statute miles of the new MSWLF meets these
criteria (see paragraph 11 below for information on contacting the FAA). If the FAA
determines the airport does meet these criteria, then § 44718(d), as amended, is
applicable.
An m-depth explanation of how the FAA collects and categorizes airport data is available
in the FAA's National Plan of Integrated Airport Systems (NPIAS). This report and a list
of airports classified as nonhub primary, non-primary commercial service and general
aviation airports (and associated enplanement data) are available on the FAA's Airports
web site at http://www.faa.gov/arp/410home.htm.
9. Separation distance measurements. Section 44718(d), as amended, requires a
minimum separation distance of six statute miles between a new MSWLF and a public
airport. In determining this distance separation, measurements should be made from the
closest point of the airport property boundary to the closest point of the MSWLF property
boundary. Measurements can be made from a perimeter fence if the fence is co-located,
or within close proximity to, property boundaries. It is the responsibility of the new
MSWLF proponent to determine the separation distance.
10. Exemption Process. Under § 44718(d), as amended, the FAA Administrator
may approve an exemption from the statute's landfill location limitations. Section
44718(d), as amended, permits the aviation agency of the state in which the airport is
located to request such an exemption from the FAA Administrator. Any person desiring
4
P. 115
8/26/00 AC 150/5200-34
such an exemption should contact the aviation agency in the state in which the affected
airport is located. A list of state aviation agencies and contact information is available at
the National Association of State Aviation Officials (NASAO) web site at
~vww.nasao.org or by calling NASAO at (301) 588-1286.
A state aviation agency that desires to petition the FAA for an exemption should notify
the Regional Airports Division Manager, in writing, at least 60 days prior to the
establishment or construction of a MSWLF. The petition should explain the nature and
extent of relief sought, and contain information, documentation, views, or arguments that
demonstrate that an exemption from the statute would not.have an adverse impact on
aviation safety. Information on contacting FAA Regional Airports Division Managers
can be found on the FAA's web site at www.faa.gov.
After considering all relevant material presented, the Regional Airports Division
Manager will notify the state agency within 30 days whether the request for exemption
has been approved or denied. The FAA may approve a request for an exemption if it is
determined that such an exemption would have no adverse impact on aviation safety.
11. Information, For further information, please contact the FAA's Office of Airport
Safety and Standards, Airport Safety and Certification Branch, at (800) 842-8736, Ext.
73085 or via email at WebmasterARP~faa.gov. Any information, documents and
reports that are available on the FAA web site also can be obtained by calling the toll-free
telephone number listed above.
DAVID L. BENNETT
Director, Office of Airport Safety and Standards
P. 116
8/26/00
APPENDIX 1.
DEFINITIONS.
AC 150/5200-34
Appendix 1
The following are definitions for the specific purpose of this advisory circular.
a. Construct a mun/cipal solid waste landfill means excavate or grade land, or raise
structures, to prepare a municipal solid waste landfill as permitted by the appropriate
regulatory or permitting authority.
b. Establish a municipal solid waste landfill (MSWLF) means receive the fn-st load
of pmrescible waste on site for placement in a prepared municipal solid waste landfill.
c. Existing municipal solid waste landfill (MSWLF) means a municipal solid waste
landfill that received putrescible waste on or before April 5, 2000.
d. General aviation aircraft means any civil aviation aircraft not operating under
14 C.F.R. Part 119, Certification: Air carriers and commercial operators.
e. Municipal solid waste landfill (MSWLF) means publicly or privately owned
discrete area of land or an excavation that receives household waste, and that is not a land
application unit, surface impoundment, injection well, or waste pile, as those terms are
defined under 40 C.F.R. § 257.2. A MSWLF may receive other types of RCRA subtitle
D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator
waste and industrial solid waste, as defined under 40 C.F.R. § 258.2. A MSWLF may
consist of either a standalone unit or several cells that receive household waste.
f. New municipal solid waste landfill (MSWLF) means a municipal solid waste
landfill that was established or constructed after April 5, 2000.
g. ?crson(s) means an individual, fn-m, partnership, corporation, company,
associatiou, joint-stock association, or governmental entity. It includes a trustee,
receiver, assignee, or similar representative of any of them (14 C.F.R. Part 1).
h. Public agency means a State or political subdivision of a State; a tax-supported
organization; or an Indian tribe or pueblo (49 U.S.C. § 47102(15)).
i. Public airport means an airport used or intended to be used for public purposes
that is under the control of a public agency; and of which the area used or intended to be
used for landing, taking off, or surface maneuvering of aircraft is publicly owned
(49 U.S.C. § 47102(16)).
j. Putrescible waste means solid waste which contains organic matter capable of
being decomposed by micro-organisms and of such a character and proportion as to be
capable of attracting or providing food for birds (40 C.F.R. § 257.3-8).
k. Scheduled air carrier operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or commercial operator for
P. 117
8/26/00 AC 150/5200-34
Appendix 1
which the air carrier, commercial operator, or their representatives offers in advance the
departure location, departure time, and arrival location. It does not include any operation
that is conducted as a supplemental operation under 14 C.F.R. Part 119, or is conducted
as a public charter operation under 14 C.F.R. Part 380 (14 C.F.R. § 119.3).
1. Solid waste means any garbage, or refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility and other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from commurfity
activities, but does not include solid or dissolved materials in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges that are point
som'ces subject to permit under 33 U.S.C. § 1342, or source, special nuclear, or by-
product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923)
(40 C.F.R. § 258.2).
7
P. 118
U.S. Department
of Transportation
Federal Aviation
Administration
Advisory
Circular
I
Subject: HAZARDOUS WILDLIFE ATTRACTANTS ON
OR NEAR AIRPORTS
Date: 5/1/97
Initiated by:'
A_AS-310 and APP-~00
AC No: 1'50/5200-33
Change:
1. PURPOSE. This advisory circular (AC)
provides guidance on locating certain land uses
having the potential to attract hazardous wildlife to
or in the vicinity of public-use airports. It also
provides guidance concerning the placement of
new airport development projects (including airport
construction, expansion, and renovation) pertaining
to aircraft movement in the vicinity of hazardous
wildlife attractants...' Appendix 1 provides
definitions of terms used in this AC.
2. APPLICATION. The standards, practices,
and suggestions contained in this AC are
recommended by the Federal Aviation
Administration (FAA.) for use by the operators and
sponsors of all public-use airports. In addition, the
standards, practices, and suggestions contained in
this AC are recommended by the FA~ as guidance
for land use planners, operators, and developers of
projects, facilities, and activities on or near airports.
3. BACKGROUND. Populations of many
species of wildlife have increased markedly in the
last few years. Some of these species arc able to
adapt to human-made environments, such as exist
on and around airports. The increase in wildlife
populations, the use of larger turbine engines, the
increased use of twin-engine aircraft, and the
increase in air-traffic, all combine to increase the
risk, frequency, and potential severity of wildlife-
aircraft collisions.
Most public-use airports have large tracts of open,
unimproved land that are desirable for added mar-
gins of safety and noise mitigation. These areas
can present potential hazards to aviation because
they often attract hazardous wildlife. During the
past century, wildlife-aircraf~ strikes have resulted
in the loss of hundreds of lives world-wide, as well
as billions of dollars worth of aircraft damage.
Hazardous wildlife attractants near airports could
jeopardize future airport expansion because of
. safety considerations.
DAVID L. BENNE~
Director, Office of Airport Safety and Standards
P. 119
5/1/97 AC 150/5200-33
SECTION 1. ttAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR
AIR.PORTS.
1-1. TYPES OF BL&ZARDOUS WILDLIFE
ATTRACTANTs ON OR NEAR AIRPORTS.
Human-made or natural areas, such as poorly-
drained areas, retention ponds, roosting habitats on
buildings, landscaping, putrescible-waste disposal
operations, wastewater treatment plants,
agricultural or aquacultural activities, surface
mining, or wetlands, may be used by wildlife for
escape, feeding, loafing, or reproduction. Wildlife
use of areas within an airport's approach or depar-
ture airspace, aircraft movement areas, loading
ramps, or aircraft parking areas may cause condi-
tions hazardous to aircraft safety.
All species of wildlife can pose a threat to aircraft
safety. However, some species are more
commonly involved in aircraft strikes than others.
Table 1 lism the wildlife groups commonly reported
as being involved in damaging strikes to U.S.
aircraft from 1993 to 'i995.
Table 1. Wildlife Groups Involved in Damaging
Strikes to Civilian Aircraft, USA, 1993-1995.
Wildlife Percent involvement in
Groups reported damaging
strikes
Gulls 28
Waterfowl 28
Raptors 11
Doves 6
Vultures 5
Blackbirds- 5
Starlings
Corvids 3
Wading birds 3
Deer 11
1-2. LAND USE PRACTICES. Land use
practices that attract or sustain hazardous wildlife
populations on or near airports can significantly in-
crease the potential for wildlife-aimraft collisions.
FAA recommends against land use practices, within
the siting criteria stated in i-3, that attract or sustain
populations of hazardous wildlife within the
vicinity of airports or cause movement of haz-
ardous wildlife onto, into, or across the approach or
departure airspace,, aircraft movement area, loading
ramps, or aircraft parking area of airports.
A/rpon operators, sponsors, planners, and land use
developers should consider whether proposed land
uses, including new airport development projects,
would increase the wildlife hazard. Caution should
be exercised to ensure that land use practices on or
near airports do not enhance the attractiveness of
the area to hazardous wildlife.
1-3. SITING CRITERIA. FAA recommends
separations when siting any of the wildlife
attractants mentioned in Section 2 or when
planning new airport development projects to
accommodate aircraft movement. The distance
between an airport's aircraft movement areas,
loading ramps, or aircraft parking areas and the
wildlife attractant shouldbe as follows:
a. Airports serving piston-powered
aircraft. A distance of 5,000 feet is recommended.
b. Airports serving turbine-powered
aircraft. A distance of 10,000 feet is
recommended.
c. Approach or Departure airspace. A
distance of 5 statute miles is recommended, if the
wildlife attractant may cause hazardous wildlife
movement into or across the approach or departure
airspace.
Canids 1
P. 120
(and 2)
5/1/97 AC 150/5200-33
SECTION 2, LAND USES THAT ARE INCOMPATIBLE WITH SAFE
AIRPORT OPERATIONS.
2-1. GENERAL. The wildlife species and the
size of the populations attracted to the airport
environment are highly variable and may depend
on several factors, including land-use practices on
or near the airport. It is important to identify those
land use practices in the airport area that attract
hazardous wildlife. This section discusses land use
practices known to threaten aviation safety.
2-2. PUTRESCIBLE-WASTE DISPOSAL
OPERATIONS. Putrescible-waste disposal
operations are known to attract large numbers of
wildlife that are hazardous to aircraft. Because of
this, these operations, when located within the
separations identified in the sitting criteria in 1-3
are considered incompatible with safe airport
operations.
FAA recommends against locating
putrescible-waste disposal operations inside the
separations identified in the siting criteria
mentioned above.' FAA also recommends against
new airport development projects that would
increase the number of aircraft operations or that
would accommodate larger or faster aircraft, near
putrescible-waste disposal operations located
within the separations identified in the siting
criteria in 1-3.
2-3. WASTEWATER TREATMENT FACILI-
TIES. Wastewater treatment facilities and
associated settling ponds often attract large
numbers of wildlife that can pose a threat to aircraft
safety when they are located on or near an airport.
a. New wastewater treatment facilities.
FAA recommends against the construction of new
wastewater treatment facilities or associated settling
ponds within the separations identified in the siting
criteria in 1-3. During the siting analysis for
wastewater treatment facilities, the potential to
attract hazardous wildlife should be considered if
an airport is in the vicinity of a proposed site.
Airport operators should voice their opposition to
such sitings. In addition, they should cormider the
existence of wastewater treatment facilities when
evaluating proposed sites for new airport
development projects and avoid such sites when
practicable.
b. Existing wastewater treatment
facilities. FAA recommends correcting any
wildlife hazards arising from existing wastewater
treatment facilities located on or near airports
without delay, using appropriate wildlife hazard
mitigation techniques. Accordingly, measures to
minimize hazardous wildlife attraction should be
developed in consultation w/th a wildlife damage
management biologist. FAA recommends that
wastewater treatment facility operators incorporate
appropriate wildlife hazard mitigation techniques
into their operating practices. Airport operators
also should encourage those operators to
incorporate these mitigation techniques in their
operating practices.
c. Artificial marshes. Waste-water
treatment facilities may create artificial marshes
and use submergent and emergent aquatic
vegetation as natural filters. These artificial
marshes may be used by some species of flocking
birds, such as blackbirds and waterfowl, for
breeding or roosting activities. FAA recommends
against establishing artificial marshes within the
separations identified in the siting criteria stated in
1-3.
d. Wastewater discharge and sludge
disposal. FAA recommends against the discharge
of wastewater or sludge on airport property.
Regular spraying of wastewater or sludge disposal
on unpaved areas may improve soil moisture and
quality. The resultant tuff growth requires more
frequent mowing, which in turn may mutilate or
flush insects or small animals and produce straw.
The maimed or flushed organisms and the straw
can attract hazardous wildlife and jeopardize
aviation safety. In addition, the improved turf may
attract grazing wildlife such as deer and geese.
Problems may also occur when discharges saturate
unpaved airport areas. The resultant soft, muddy
conditions can severely restrict or prevent
emergency vehicles from reaching accident sites in
a timely manner.
e. Underwater waste discharges. The
underwater discharge of any food waste, e.g., fish
processing offal, that could attract scavenging
wildlife is not recommended within the. separations
identified in the siting criteria in 1-3.
P. 121
AC 150/5200-33 5/1/9?
2-4. WETLANDS.
a. Wetlands on or near Airports.
(1) Existing Airports. Normally,
wetlands are attractive to many wildlife species.
Airport operators with wetlands located on or
nearby airport property should be alert to any
wildlife use or habitat changes in these areas that
could affect safe aircraft operations.
(2) Airport Development. When
practicable, the FAA recommends siting new
airports using the separations identified in the siting
criteria in 1-3. Where alternative sites are not
practicable or when expanding existing airports, in
or near wetlands, the wildlife hazards should be
evaluated and minimized through a wildlife
management plan prepared by a wildlife damage
management biologist, in consultation with the U.S.
Fish and Wildlife Service (USFWS) and the U.S.
Army Corps of Engineers (COE).
NOTE: If questions exist as to whether or not an
area would qualify as a wetland, contact the U.S.
Army COE, the Natural .Resource Conservation
Service, or a wetland consultant certified to
delineate wetlands.
b. Wetland mitigation. Mitigation'may
be necessary when unavoidable wetland
disturbances result from new airport development
projects. Wetland mitigation should be designed so
it does not create a wildlife hazard.
(1) FAA recommends that wetland
mitigation projects that may attract hazardous
wildlife be sited outside of the separations
identified in the siting criteria in 1-3. Wetland
mitigation banks meeting these siting criteria offer
an ecologically sound approach to mitigation in
these situations.
(2) Exceptions to locating mitigation
activities outside the separations identified in the
siting criteria in 14 may be considered if the
affected wetlands provide unique ecological
functions, such as critical habitat for threatened or
endangered species or ' ground water recharge.
Such mitigation must be compatible with safe
airport operations. Enhancing such mitigation
areas to attract hazardous wildlife should be
avoided. On-site mitigation plans may be reviewed
by the FAA to determine compatibility with safe
ah-pon operations.
O) Wetland mitigation projects that are
needed to protect unique wetland functions (see
24.b.(2)), and that must be located in the siting cri-
teria in 1-3 should be identified and evaluated by a
wildlife damage management biologist before
implementing the mitigation. A wildlife damage
management plan .should be developed to reduce
the wildlife hazards.
NOTE: AC 150/5000-3, Address List for _Regional
Airports Division and Airports District/Field
Offices, provides information on the location of
these offices.
2-5. DREDGE SPOIL CONTAINMENT
AREAS. FAA recommends against locating
dredge spoil containment areas within the
separations identified in the siting criteria in 1-3, if
the spoil contains material that would attract
hazardous wildlife.
P. 122
5/1/97 AC 150/5200-33
SECTION 3. LAND USES THAT MAY BE COMPATIBLE WITH SAFE
AIIRPORT OPERATIONS.
3-1. GENERAL. Even though they may, under
certain circumstances, attract hazardous wildlife,
the land use practices discussed in tkis section have
flexibility regarding their location or operation and
may even be under the airport operator's or
sponsor's control. In general, the FAA does not
consider the activ/ties discussed below as
hazardous to aviation if there is no apparent attrac-
tion to hazardous wildlife, or wildlife hazard
mitigation techniques are implemented to deal
effectively with any wildlife hazard that may arise.
3-2. ENCLOSED WASTE FACILITIES.
Enclosed trash transfer stations or enclosed waste
handling facilities that receive garbage indoors;
process it via compaction, incineration, or similar
manner; and remove all residue by enclosed
vehicles, generally would be compatible, fi.om a
wildlife perspective, .with safe ah-pon operations,
provided they are not located on airport property or
within the runway protection zone (RPZ). No
putrescible-waste, should be handled or stored
outside at any time, for any reason, or in a partially
enclosed structure accessible to hazardous wildlife.
Partially enclosed operations that accept
putrescible-waste are considered to be incompatible
with safe airport operations. FAA recommends
these operations occur outside the separations
identified in the siting criteria in 1-3.
3-3. RECYCLING CENTERS. Recycling
centers that accept previously sorted, non-food
items such as glass, newspaper, cardboard, or
alum/nm are, in most cases, not attractive to
hazardous wildlife.
3-4. COMPOSTING OPERATIONS ON
AIRPORTS. FAA recommends against locating
composting operations on airports. However, when
they are located on an airport, composting
operations should not be located closer than the
greater of the following distances: 1,200 feet fi.om
any aircraft movement area, loading ramp, or
aircraft parking space; or the distance called for by
airport design requirements. This spacing is
intended to prevent material, personnel, or
equipment from penetrating any Obstacle Free Area
(OFA), Obstacle Free Zone (OFZ), Threshold
Siting Surface (TSS), or Clearway (see
AC 150/5300-13, Airport Design). On-airport
disposal of compost by-products is not
recommended for the reasons stated in 2-3.d.
a, Composition of material handled.
Components of the compost should never include
any municipal solid waste. Non-food waste such as
leaves, lawn clippings, branches, and twigs
generally are not considered a w/ldlife attractant.
Sewage sludge, wood-chips, and similar material
are not municipal solid wastes and may be used as
compost bulking agents.
b. Monitoring on-airport composting op-
erations. If composting operations are to be
located on airport property, FAA recommends that
the airport operator monitor composting operations
to ensure that steam or thermal rise does not affect
air traffic in any way. Discarded leaf disposal bags
or other debris must not be allowed to blow onto
any active airport area. Also, the airport operator
should reserve the fight to stop any operation that
creates unsafe, undesirable, or incompatible
conditions at the airport.
3-5. ASH DISPOSAL. Fly ash from resource
recovery facilities that are fired by municipal solid
waste, coal, or wood, is generally considered not to
be a wildlife attractant because it contains no
putrescible matter. FAA generally does not
consider landfills accepting only fly ash to be
wildlife attractants, if those landfills: are
maintained in an orderly manner; admit no putres-
cible-waste of any kind; and are not co-located with
other disposal operations.
Since varying degrees of waste consumption are
associated with general incineration, FAA classifies
the ash fi.om general incinerators as a regular waste
disposal by-product and, therefore, a hazardous
wildlife attractant.
3-6. CONSTRUCTION AND DEMOLITION
(C&D) DEBRIS LANDFILLS. C&D debris
(Class IV) landfills have visual and operational
characteristics similar to putrescible-waste disposal
sites. When co-located with putrescible-waste
disposal operations, the probability of hazardous
wildlife attraction to C&D landfills increases
because of the similarities between these disposal
activities.
FAA generally does not consider C&.D landfills to
be hazardous wildlife attractants, if those landfills:
are maintained in an orderly manner; admit no
putrescible-waste of any kind; and are not
located with other disposal operations.
P. 123
AC 15015200-33 5/1/97
3-'7. WATER DETENTION OR RETENTION
PONDS. The movement of storm water away from
runways, taxiways, and aprons is a normal function
on most airports and is necessary for safe aircraft
operations. Detention ponds hold storm water for
short periods, while retention ponds hold water
indefinitely. Both types of ponds control runoff,
protect water quality, and can attract hazardous
wildlife. Retention ponds are more attractive to
hazardous wildlife than detention ponds because
they provide a more reliable water source.
To facilitate hazardous wildlife control, FAA
recommends using steep-sided, narrow, linearly-
shaped, rip-rap lined, water detention basins rather
than retention basins. When possible, these ponds
should be placed away from aircraft movement
areas to minimize aircraft-wildlife interactions. All
vegetation in or around detention or retention
basins that provide food or cover for hazardous
wildlife should be eliminated.
If soil conditions and other .tequirements allow,
FAA encourages the use of underground storm
water infiltration systems, such as French drains or
buried rock fields, because they are less attractive
to wildlife.
3-8. LANDSCAPING. Wildlife attraction to
landscaping may vary by geographic location.
FAA recommends that airport operators approach
landscaping with caution and confine it to airport
areas not associated with aircraft movements. All
landscaping plans should be reviewed by a wildlife
damage management biologist. Landscaped areas
should be monitored on a continuing basis for the
presence of hazardous wildlife. If hazardous
wildlife is detected, corrective actions should be
implemented mediately.
3-9. 'GOLF COURSES. Golf courses may be
beneficial to airports because they provide open
Space that can be used for noise mitigation or by
aircraft during an emergency. On-airport golf
courses may also be a concurrent use that provides
income to the airport.
Because of operational and monetary benefits, golf
courses are often deemed compatible land uses on
or near airports. However, waterfowl (especially
Canada geese) and some species of gulls are
attracted to the large, grassy areas and open water
found on most golf courses. Because waterfowl
and gulls occur throughout the U.S., FAA recom-
mends that airport operators exercise caution and
consult with a wildlife damage management
biologist when considering proposals for golf
course construction or expansion on or near
airports. Golf courses should be monitored on a
continuing basis for the presence of hazardous
wildlife. If hazardous wildlife is detected,
corrective actions should be implemented
immediately.
3-10. AGRICULTURAL CROPS. As noted
above, airport operators often promote revenue-
generating activities to supplement an airport's
financial viability. A c6mmon concurrent use is
agricultural crop production. Such use may create
potential hazards to aimraft by attracting wildlife.
Any proposed on-airport agricultural operations
should be reviewed by a wildlife damage
management biologist. FAA generally does not
object to agricultural crop production on airports
when: wildlife hazards are not predicted; the
guidelines for the airport areas specified in 3-10.a-f.
are observed; and the agricultural operation is
closely monitored by the airport operator or
sponsor to ensure that hazardous wildlife are not at-
tracted.
NOTE: If w/Idlife becomes a problem due to on-
airport agricultural operations, FAA recommends
undertaking the remedial actions described in
3-10.f.
a. Agricultural activities adjacent to
runways. To ensure safe, efficient aircraft
operations, FAA recommends that no agricultural
activities be conducted in the Runway Safety Area
(RSA), OF& and the OFZ (see AC 150/5300-13).
b. Agricultural activities in areas
requiring minimum object clearances. Restricting
agricultural operations to areas outside the KSA,
ePA, OFZ, and Runway Visibihty Zone (RVZ)
(see AC 150/5300-13) will normally provide the
minimum object clearances required by FAA's
airport design standards. FAA recommends that
farming operations not be permitted within areas
critical to the proper operation of localizers, glide
slope indicators, or other visual or electronic
navigational aids. Determinations of minimal areas
that must be kept free of farming operations should
be made on a case-by-case basis. If navigational
aids are present, farm leases for on-airport agri-
cultural activities should be coordinated with FA.A's
Airway Facilities Division, in accordance with
FAA Order 6750.16, Siting Criteria for ]nstrument
Landing Systems.
NOTE: Crop restriction lines conforming to the
dimensions set forth in Table 2 will normally
pro,fide the minimum object clearance required by
P. 124
5/1/97 AC 150/5200-33
FAA airport design standards. The presence of
navigational aids may require expansion of the
rest~cted area.
c. Agricultural activities within an
airport's approach areas. The RSA, OFA, and
0FZ all extend beyond the runway shoulder and
into the approach area by varying distances. The
0FA normally extends the farthest and is usually
the controlling surface. However, for some
runways, the TSS (see AC 150/5300-13,
Appendix 2) may be more controlling than the
OFA. The TSS may not be penetrated by any
object. The minimum distances shown in Table 2
are intended to prevent penetration of the OFA,
OFZ, or TSS by crops or farm machinery.
NOTE: Threshold Siting standards should not be
confused with the approach areas described in
Title 14, Code of Federal Regulations, Part 77,
(14 CFR 77), Objects Affecting Navigable
Airspace.
d. Agricultural activities between
intersecting runways. FAA recommends that no
agricultural activities be permitted within the RVZ.
If the terrain is sufficiently below the runway
elevation, some types of crops and equipment may
be acceptable. Specific determinations of what is
permissible in this area requires topographical data.
For example~ if the terrain within the RVZ is level
with the runway ends, farm machinery or crops
may interfere with a pilot's line-of-sight in the
RVZ.
e. Agricultural activities in areas
adjacent to taxiways and aprons. Farming
activities should not be permitted within a taxiway's
OFA. The outer portions of aprons are frequently
used as a taxilane and farming operations should
not be permitted within the OFA. Farming
operations should not be permitted between
runways and parallel taxiways.
f. Remedial actions for problematic
agricultural activities. If a problem with
hazardous wildlife develops, FAA recommends that
a professional wildlife damage management
biologist be contacted and an on-site inspection be
conducted. The biologist should be requested to
determine the source of the hazardous wildlife
attraction and suggest remedial action. Regardless
of the source of the attraction, prompt remedial
actions to protect aviation safety are recommended.
The remedial actions may range from choosing
another crop or farming technique to complete
termination of the agricultural operation.
Whenever on-airport agricultural operations are
stopped due to wildlife hazards or annual harvest,
FAA recommends plowing under all crop residue
and harrowing the surface area smooth. This will
reduce or eliminate the area's attractiveness to
foraging wildlife. FAA recommends that this
requirement be written into all on-airport farm use
contracts and clearly understood by the lessee.
P. 125
7
Table 2. Minimum Distances Between Certain Airport Features And Any On-Airport Agriculture Crops.
Aircrat~ Approach Distance In Feet From Runway Centerline To Distance In Feet From Runway Distance In Feet From Distance In Feet
Category And Crop End To Crop Centerline Of Taxiway From Edge Of
Design Group '
To Crop Apron To Crop
Visual & [ Visual &
> % mile < ~A mile > % mile - < ~A mile
Category A & B Aircraft ...
Group I 200: 400 300~ 600 45 40
Group 11 250 400 400~ 600 66 58
Group III 400 400 600 800 93 8 i
Group IV 400 400 1,000 1,000 130 113
Category C, D & E Aircral't
Group I 530~ 575~ 1,000 1,000 ~ 45 40
Group II 530~ 575~ 1,000 !,000 66 58
Group Ill 530~ 575~ 1,000 1,000 93 8
Group IV 5303 575~ 1,000 1,000 130 ' 113
Group V 530~ 575J i,000 1,000 ! 60 138
Group VI 530~ 575~ 1,000 1,000 193 167
1. Design Groups are based on wing span, and Category depends on approach speed of the aircraR.
Group I: Wing span up to 49 R. Category A: Speed less than 91 knots
Group Il: Wing span 49ft. up to 78 R. Category B: Speed 91 knots up to 120 knots
Group III: Wing span 79 ft. up to 117 ft. Category C: Speed 121 knots up to 140 knots
Group IV: Wing span il8 fl. upto 170 fl. Category D: Speed 141 knots up to 165 knots
Group V: Wing span 171 R. up to 213 ft. Category E: Speed 166 knots or more
Group VI: Wing span 214 ft. up to 261 ft.
2. If the runway will only serve small airplanes (12,500 lb. And under) in Design Group I, this dimension may be reduced to 125 feet; however, this dimension
should be increased where necessary to accommodate visual navigational aids that may be installed. For example farming operations should not be allowed
within 25 feet of a Precision Approach Path Indicator (PAPI) light box.
3. These dimensions reflect the TSS as defined in AC 150/5300-13, Appeudix 2. The TSS cannot be penetrated by any object. Under these conditions, the TSS
. is more restrictive than the OFA, and the dimensions shown here are to prevent penetration of the TSS by crops and farm machinery.
5/1/97 AC 150/5200-33
SECTION 4. NOTIFICATION OF FAA A_BOUT HAZARDOUS WILDLI~'E
ATTRACTANTS ON OR NEAR AN AII~ORT,
4-1. GENERAL. Airport operators, land
developers, and owners should notify the FAA'in
writing of known or reasonably foreseeable land
use practices on or near airports that either attract
or may attract hazardous wildlife. This section
discusses those notification procedures.
4-2. NOTIFICATION REQUIREMENTS
FOR WASTE DISPOSAL SITE OPERATIONS.
The Environmental Protection Agency (EPA)
requires any operator proposing a new or expanded
waste disposal operation within 5 statute miles of a
runway end to notify the appropriate FAA Regional
Airports Division Office and the airport operator of
the proposal (40 CFR 258, Criteria for Municipal
Solid Waste Landfills, section 258.10, Airport
Safety). The EPA also requires owners or operators
of new municipal solid waste landfill (MSW-LF)
units, or lateral expansions of existing MSWLF
units that are located within 10,000 feet of any
airport runway end used by turbojet aircraft or
within 5,000 feet 'of any airport runway end used
only by piston-type aircraft, to demonstrate
successfully that such units are not hazards to
aircraft.
a. Timing of Notification. When new or
expanded MSWLFs are being proposed near
airports, MSW-LF operators should notify the
airport operator and the FAA of this as early as
possible pursuant to 40 CFR Part 258. Airport
operators should encourage the MSWLF operators
to provide notification as early as possible.
does not attract hazardous wildlife and does not
threaten aviation, the developer must estabhsh
convincingly that the facility will not handle
putrescible material other than that as outlined in
3-2. FAA 'requests that waste site developers
provide a copy of an official permit request
verifying that .the facility will not handle
putrescible material other than that as outlined in
3-2. FAA will use this information to determine if
the facility will be a hazard to aviation.
4-3. NOTIFYING FAA ABOUT OTltER
WILDLIFE ATTRACTANTS. While U. S. EPA
regulations require landfill owners to provide
notification, no similar regulations require
notifying FAA about changes in other land use
practices that can create hazardous wildlife
attractants. Although it is not required by
regulation, FAA requests those proposing land use
changes such as those discussed in 2-3, 2-4, and 2-5
to provide similar notice to the FAg_ as early in the
development process as possible. Airport operators
that become .aware of such proposed development
in the vicinity of their airports should also notify
the FAA. The notification process gives the FAA
an opportunity to evaluate the effect of a particular
land use change on aviation safety.
The land use operator or project proponent may use
FAA Form 7460-1, Notice of Proposed Con-
st'ruction or Alteration, or other suitable documents
to notify the appropriate FAA Regional Airports
Division Office.
NOTE: AC 150/5000-3 provides information on
these FAA offices.
b. Putrescible-Waste Facilities. In their
effort to satisfy the EPA requirement, some
putrescible-waste facility proponents may offer to
undertake experimental measures to demonstrate
that their proposed facility will not be a hazard to
aircraft. To date, the ability to sustain a reduction in
the numbers of hazardous wildlife to levels that ex-
isted before a putreseible-waste landfill began
operating has not been successfully demonstrated.
For this reason, demonstrations of experimental
wildlife control measures should not be conducted
in active aircraft operations areas.
c. Other Waste Facilities. To claim suc-
ceasfully that a waste handling facility sited within
the separations identified in the siting criteria in t-3
It is helpful if the notification includes a 15-minute
quadrangle map of the area identifying the location
of the proposed activity. The land use operator or
project proponent should also forward specific
details of the proposed land use change or
operational change or expansion. In the case of
solid waste landfills, the information should
include the type of waste to be handled, how the
waste will be processed, and final disposal
methods.
4-5. FAA REVIEW OF PROPOSED LAND
USE CI-IANGES.
a. The FAA discourages the development
of facilities discussed in section 2 that will be
located within the 5,000/10,000-foot criteria in 1-3.
P. 127
AC 150/5200-33 5/1/97
b. For projects which are located outside
the 5,000/10,000-foot criteria, but within 5 statute
miles of the airport's aircraft movement areas,
loading ramps, or aircraft parking areas, FAA may
review development plans, proposed land use
changes, operational changes, or wetland mitigation
plans to determine if such changes present potential
wildlife hazards to aircraft operations. Sensitive
airport areas will be identified as those that lie
under or next to approach or departure airspace.
This brief examination should be sufficient to
determine if further investigation is warranted.
c. Where further study has been conducted
by a wildlife damage management biologist to eval-
uate a site's compatibility with airport operations,
the FAA will use the study results to make its
determination.
d. FAA will discourage the development
of any excepted sites (see Section 3) within the
criteria specified in 1-3 if a study shows that the
area supports hazardous w/ldlife..species.
4-6. AIRPORT OPERATORS. Airport
operators should be aware.' of proposed land use
changes, or modification of existing land uses, that
could create hazardous wildlife attractants within
the separations identified in the siting criteria in
I-3. Particular attention should be given to
proposed land uses involving creation or expansion
of waste water treatment facilities, development of
wetland mitigation sites, or development or
expansion of dredge spoil containment areas.
a. AlP-funded airports. FAA
recommends that operators of AIP-funded airports,
to the extent practicable, oppose off-airport land
use changes or practices (within the separations
identified in the siting criteria in 1-3) that may
attract, hazardous wildlife. Failure to do so could
place the airport operator or sponsor in
noncompliance with applicable grant assurances.
FAA recommends against the placement of airport
development projects pertaining to aircraft
movement in the vicinity of hazardous wildlife
attractants. Airport operators, sponsors, and
planners should identify wildlife attractants and any
associated wildlife hazards during any planning
process for new airport development projects.
b. Additional coordination, lf, after the
initial review by FAA, questions remain about the
existence of a wildlife hazard near an airport, the
airport operator or sponsor should consult a wildlife
damage management biologist. Such questions
may be triggered by a history of wildlife strikes at
the airport or the proximity of the airport to a
wildlife refuge, body of water, or similar feature
known to attract wildlife.
c. Specialized assistance. If the services
of a wildlife damage management biologist are
required, FAA recommends that land use
developers or the airport operator contact the
appropriate state director of the United States
Department of Agriculture/Animal Damage Control
(USDA/ADC), or a consultant specializing in
wildlife damage management. Telephone numbers
for the respective USDA/ADC state offices may be
obtained by contacting USDA/ADC's Operational
Support Staff, 4700 River Road, Unit 87,
Riverdale, IvlD, 20737-1234, Telephone
(301)734-7921, Fax (301) 734-5157. The ADC
biologist or consultant should be requested to
identify and quantify wildlife common to the area
and evaluate the potential wildlife hazards.
d. Notifying airmen. If an existing land
use practice creates a wildlife hazard, and the land
use practice or wildlife hazard cannot be immedi-
ately eliminated, the airport operator should issue a
Notice to Airmen (NOTAM) and encourage the
land owner or manager to take steps to control the
wildlife hazard and minimize further attraction.
10
P. 128
5/1/97 AC 150/5200-33
Appendix 1
APPENDIX 1. DEFINITIONS OF TER1VIS USED IN TlZlIS ADVISORY CIRCULAR..
1. GENERAL, This appendix provides
definitions of terms used throughout this AC.
a. Aircraft movement area. The
runways, taxiways, and other areas of an airport
which are used for taxiing or hover taxiing, air
taxiing, takeoff, and landing of aimraft exclusive of
loading ramps and aircraft parking areas.
b. Airport operator. The operator (private
or public) or sponsor of a public use airport.
c. Approach or departure airspace. The
airspace, within 5 statute miles of an airport,
through which aircraft move during landing or
takeoff.
d. Concurrent use. Aeronautical property
used for compatible non-aviation purposes while at
the same time serVing the primary purpose for
which it was acquired; and the use 'is clearly bene-
ficial to the airport. The concurrent use should
generate revenue 'to be used for airport purposes
(see Order 5190.6A, Airport Compliance
Requirements, sect. 5h).
e. Fly ash. The fine, smd-like residue
resulting from the complete incineration of an
organ/c fuel source. Fly ash typically results from
the combustion of coal or waste used to operate a
power generating plant.
j. Putrescible-waste disposal operation.
Land_fills, garbage dumps, underwater waste
discharges, or similar facilities where activities
include processing, burying, storing, or otherw/se
disposing ofputrescible material, trash, and refuse.
k. Runway protection zone (RPZ). An
area off the runway end to enhance the protection
of people and property on the ground (see
AC 150/5300-13). The dimensions of this zone
vary with the design aircraft, type of operation, and
visibility minimum.
I. Sewage sludge. The de-watered
effluent resulting from secondary or tertiary
treatment of municipal sewage and/or industrial
wastes, including sewage sludge as referenced in
U.S. EPA's Effluent Guidelines and Standards,
40 C.F.R. Part 401.
m. Shoulder. An area adjacent to the edge
of paved runways, taxiways, or aprons providing a
transition between the pavement and the adjacent
surface, support for aircraft running off the
pavement, enhanced drainage, and blast protection
(see AC 150/5300-13).
u. Turbine-powered aircraft. Aircraft
powered by turbine engines including turbojets a~d
turboprops but excluding turbo-shaft rotary-wing
aircraft.
f. Elazardous wildlife. Wildlife species that
are commonly associated with wildlife-aircraft
strike problems, are capable of causing structural
damage to airport facilities, or act as attractants to
other wildlife that pose a wildlife-aircraft strike
hazard.
g. Piston-use airport. Any airport that
would primarily serve FIXED-WING, piston-
powered aircraft. Incidental use of the airport by
turbine-powered, FIX]ED-WING aircraft would not
affect this designation. However, such aircraft
should not be based at the airport.
h. Public-use airport. Any publicly
owned airport or a privately-owned airport used or
intended to be used for public purposes.
i. putrescible material. Rotting organic
material.
o. Turbine-use airport, Any airport that
ROUTINELY serves FIXED-WING turbine-
powered aircraft.
p. Wastewater treatment facility. Any
devices anclJor systems used to store, treat, recycle,
or reclaim municipal sewage or liquid industrial
wastes, including Publicly Owned Treatment
Works (POTW), as defined by Section 212 of the
Federal Water Pollution Control Act (P.L. 92-500)
as amended by the Clean Water Act of 1977
(P.L. 95-576) and the Water Quality Act of 1987
(P.L. 100-4). This definition includes any
pretreatment involving the reduction of the amount
of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or
otherwise introducing such pollutants into a
POTW. (See 40 C.F.R. Section 403.3 (o), (p), &
(q)).
P. 129
AC 150/5200-33
Appendix 1
q. Wildlife. Any wild arfimal, including
without limitation any wild mammal, bird, reptile,
fish, amphibian, mollusk, crustacean, arthropod,
coelenterate, or other invertebrate, including any
part, product, egg, or offspring there of
(50 CFR 10.12, Tal~ng, Possession,
Transportation, Sale, J~urchase, Barter,
Ex~portation, and fmportation of Wildlife and
Plants). As used in this AC, WILDLIFE includes
feral animals and domestic animals while out of the
control of their owners (14 CFR 139.3,
Certification and Operations: Land Airports
Serving CAB-Certificated Scheduled Air Carriers
Operating Large Aircraft (Other Than
)]elicopters)).
5/1/97
r. Wildlife attractants. Any human-made
structure, land use practice, or human-made or
natural geographic feature, that can attract or
sustain hazardous wildlife within the landing or
departure airspace, aircraft movement area, loading
ramps, or aircraft parking areas of an airport.
These attractants can include but are not limited to
architectural features, landscaping, waste disposal
sites, wastewater treatment facilities, agricultural or
aquacultural activities, surface mining, or wetlands.
s. Wildlife hazard. A potential for a
damaging aircraft collision with wildlife on or near
an airport (14 CFR 139.3).
2. RESERVED.
P. 130
STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF TRAN ~PORTATION
P. O. BOX 23660
0~, CA 94623-0660
(510) 286-4444
(510) 286-4454 TDD
GRAY DAVIS, Governor
· ~ ~ ,. Flex your power/
...... -' Be energy efficient/
August 20, 2002
Ms. Barbara Hawkins
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94080
SM-General
SM000018
SCH#2002072064
Dear Ms. Hawkins:
SOUTH SAN FRANCISCO SEWER UPGRADE PROJECT - INITIAL STUDY/MITIGATE9
NEGATIVE DECLARATION
Thank you for including the California Department of Transportation (Department) in the environmental
review process for the above-referenced project. We have reviewed the Initial Study/Mitigated Negative
Declaration, and offer the following comments:
The Department is working with the San Mateo County Transportation Authority on a long-range plan to
upgrade U.S. I01, which involves various auxiliary lane-widening projects. Due to potential conflict
between the proposed project and the U.S. 101 auxiliary lane-widening projects, we recommend that the
City of South San Francisco coordinate with the Deparanent on project.activities, particularly on sites 3
and 4 where State right-of-way (ROW) is involved.
Any work or traffic control measures proposed within the State ROW will require an encroachment
permit. To apply, a completed encroachment permit application, environmental documentation, and five
(5) sets of plans, clearly indicating State ROW, need to be submitted to the following address:
Scan Nozzari, District Office Chief
Office of Permits
California DOT, District 4
P.O. Box 23660
Oakland, CA 94623-0660
Should you require further information or have any questions regarding this letter, please call Rick Kuo, of
my staff at (510) 286-5988.
Sincerely,
JEA~ C. R. FINNEY
District Branch Chief
IGR/CEQA
c: Katie Shulte Joung (State Clearinghouse)
"Galtrans improves mohilitv across California"
P. 131
Winston It. EiCkox
Secretory for
Em,ironmental
Protection
State
Vater Resources Cont Board
Division of Clean Water Programs
100] ] Str~, 16t~ Floor Sacramento, Califorrfia 95E14
P.O. Box 944212, Saerarneata, Califomi~ 94244-2120
(916)34]-5686 * '~,~ (916) 341-5707 * www.swrcb.ea.gov
Tize energy challenge facin£ California is real. E~,ery. Califomiatz need~ ~o take immediate action to reduce energy com'umpzion.
For a Ji~t of simple way? you ocm reduce demand and cut your energ? coat, t see our nebsite ar www.~n'cb.ca, gov.
~ray Davis
~overl~or
Mr. Ramesh Bhagat
City of South San Francisco
City Hail'Annex
315 Maple Avenue
South San Francisco, CA 94080
..... ,¢'ATE CLEARING OUS.E?
DRAFT INITIAL STUDY/h/ffI2GATED NEGATIVE DECLARATION (IS/MR~) FOR THE
CiTY OF SOUTH SAN FRANCISCO (CITY) - SEW'ER IIVIPROVEM]ElxW PROGRAM -
STATE REVOLVING ~ LO_AN NO. C-06-4728-! 10
Thank you for the opportunity to review the above document. We understand that the City,is
pursuing a State Revolving Fund (SRF) loan from the State W'at~r Resources Control Board
(SWRCB), Division of Clean Water Programs (Division) for the above project. The City will be
the'lead agency forthe.proposed project and'the SWRCB wilt b~ 'a responsible agency under the
Califorrfia Environmental Quality Act (CEQA). As a funding agency, the SWRCB must
consider information in the environmental document when approving funding for the proposed
project. If you have any questions regarding the environmental review process, please contact
3'im Hockenberry at (916) 341-5686.
The following are the Division's comments regarding the environmental document and SRF loan
requizements.
SPY Loan Reouirements:
1, Since funding is'being requested, please circUlate 15 copies of the draft 1VflxTD through the
State Clearinghouse, when available. In addition, provide us with a coPY of: (1~ the
approved M2q'D, (2) .the resolution.approving the project, adopting the M2qD and malting
CEQA findings, (3) all comments received during the review period and your responses to
those comments, (4) the adopted Mitigation Monitoring Plan (if applicable), and (5) the
Notice of.Determination filed with the Governor's Office of Planning and Research. In
addition, we would appreciate notice of .any scheduled hearings or meetings regarding the
environmental document and project approval. : ..
2.' SRF loans are partially funded by the Environmental.prOtection'Agency, and require
additional !'CEQA-Plus".environmtntal documentation and revieW, The Division is
required to 'consult directly with agencies responsible for implementing, federal
environmental laws and.regulations. Please send the Division eight copies of the 1VI2q'D,
CaI~fornia Environme-*-~ ~.otection Agency
P. 13
ex3 Reeyoled Paper
Mr. lq. amcsh Bhagat
-2-
AUG -
· which will bc distributed to pertinent federal agencies for review, when available. Federal
agencies are provided 30 calendar days to review and comment on the document plus six
days mailing time..We will send you copies of any comments we receive during the
review period and request your responses.
3, SRF loan applicants must comply with federa.I- laws pertaining to cultural resom'ces,
particularly Section 106 of the National Historic. Preservation Act. A copy of your
document has been pro¥ided to the Division's Cultural Resources Officer,
Ms. C0olde Him. She will consult with the State Historic Preservation Officer (SI--IPO) on
your behalf at several points in th-,. procesS. She will first work with the City and thc
SHPO to establish the .p~ject's Area of Potential .Effects (APE). After the APE is.
established, please provide documentation of the following: (1) background research for
cultural resources--including a records search with the California Historical Resources
Information System for an area one-half mile around the APB, and (2) consultation with
the Native American Heritage Commission, interested Native Americans, local historical
societies, and any other interested parties. Additional submittals, including a field survey
by a qualified arch¢olo~st and, if appropriate, a historical specialist, may be required to
'document resource sig-nificance and/or project effects. When adequate information has
been submitted, she will review it for Section 106 compliance and will forward approved
documents to the SI--IPO. Early contact with Ms. Him at (916) 341-5690, with any
questions you may have regarding the Section 106 process, is critical.
4. SRF projects arc also subject to provisions of the Federal Endangered Species Act (BSA)
and must obtain Section ? clearance from the U.S. Fish and Wildlife Service (FWS).
Accordingly, a copy of your 1VEflD will beforwarded, to the FWS for their review, when
.available. According to the MND, evidence doss not exist for'thepresence of any special
status plant or animal'spscies in the areas of project disturbance. In addition, if your
proj¢¢t'conflicts with the provisions of an adopted Habitat Conservation Plan. under
Section l0 of the BSA, the FWS and/or the National Marine Fisheries Service should'be
ccmtasted by the City for any additional requirements. Andy issues raised by federal
agencies wilt:need.to be'resolved before SRF. funding card b¢ approved.
As of January 31, 1994, StLF loan projects located in non-attainment areas may be
required to meet the Federal General Conformity Rule for the Federal Clean Air Act.
Where a federal agency has delegated specific responsibilities to a state or local agency,
the action is consi, dered federal, and the state or local agency must make a conformity
deterroJnation on' the federal agency' s behalf. According to th'e. MND, the proposed
project will not have a siguificant impact upon air quality. Quantification of expected
ennssions provided in the M2q'D indicate that the proposed project does not exceed
thresholds of significance established.for the Bay Area Air Quality Management District.
A generaJ conformity detezrnination will be made by the Division following the review
period:
california Environme~p. 13 3'otection Agency
Recyaled Paper
Mr. P,.amesh Bhagat
- 3 - AUG - 9. 7!¢!
If you have further questions regarding the environmental review of this project, p]¢ase contact
me at (916) 341-5686.
Sincerely,
¢
James Hockenberry
Environmen~ Ser¢ices Unit
Enclosure
CC;
Governor's Office of Planning & Research
State Clearinghouse
P.O. Box 3044
Sacramento, CA 95812-3044
Mr. Rich Condit
San Francisco Regional
Water Quality Control Board
2101 Webster Street, Suite 500.
Oakland, CA 94612
California Environmerp. i 3 4otection Agency .
~n~ Recycled Paper
Response to Comments
Response to Letter from Edward A. Wylie, Chief, South Section,
Department of the Army, San Francisco District, Corps of Engineers.
Comment: A 404 permit may be required for portions of the project with Corps
jurisdiction.
Response: Comment noted. No action required at this point in the project, but the City
will need to contact the Corps of Engineers at the time construction is proposed near
wetlands or other waters of the United States. The Initial Study references the potential
need for a 404 permit on page 12.
Response to Letter from David F. Carbone, ALUC Staff, City/County Associations
of Governments of San Mateo County, C/CAG Airport Land Use Committee.
Comment: The proposed wet weather storage pond is a potential location for a
concentration of birds. Such a facility can be potential safety hazard in flight, due to birds
in flight path. The proposed pond liner appears to be a better mitigation option, than
cattail or bulrush habitat to address this site.
Response: The 1999 South San Francisco General Plan identifies the site as an
existing wetland that is a sensitive biological resource. Policies 7.1-1-2, 7.1-I-3, 7.1-1-4
and 7.1-1-5 require that the City protect this d/verse and unique habitat. The pond area is
adjacent to the San Francisco Bay and already an established wetland with emergent
vegetation and is home to several bird species. The proposed pond is intended to comply
with current General Plan policies, to maintain the existing condition and is not expected
to result in an increase the population of birds of any significance.
Response to Letter from Dale R. Blount, Environmental Planner, Planning and
Environmental Affairs, San Francisco International Airport.
Comment: San Francisco International Airport supports the pond liner because the
liner would be less of a bird attractant than cattail and/or bulrush habitat. The
establishment of wetland emergent vegetation does not appear to be consistent with the
Federal Aviation Administration (FAA) Advisory Circular 150/5200-33. Subject
Hazardous Wildlife Attractions On or Near Airports dated 5/1/97.
Response: The 1999 South San Francisco General Plan identifies the site as an
existing wetland that is a sensitive biological resource. Policies 7.1-I-2, 7.1-I-3, 7.1-1-4
and 7.1-1-5 require that the City protect this diverse and unique habkat. The pond area is
adjacent to the San Francisco Bay and already an established wetland with emergent
vegetation and is home to several bird species. The proposed pond is intended to comply
with current General Plan policies, to maintain the existing condition and is not expected
to result in an increase the population of birds of any significance.
In/rial Study/Mitigated Negative Declaration, Response to Comments
South San Francisco Sewer Improvement Program, Oq~. 1 3 6002
Response to Letter from Joseph IL Rodriguez, Supervisor, Environmental Planning
and Compliance Section, US Department of Transportation, Federal Aviation
Administration
Comment: The City of South San Francisco is a grant recipient of federal noise
insulation project funding. As a grantee the City is obliged to take necessary measures to
assure land use compatibility for the continued safe and efficient operation of aircraft at
SFO.
Response: The 1999 South San Francisco General Plan identifies the site as an
existing wetland that is a sensitive biological resource. Policies 7.1-1-2, 7.1-1-3, 7.1-1-4
and 7.1-1-5 require that the City protect ti'tis diverse and unique habitat. The Airport and
the ALUC reviewed the General Plan in 1999, prior to adoption and did not object to the
existing wetland conditions adjacent to the San Francisco Bay. The pond area is adjacent
to the San Francisco Bay and akeady an established wetland with emergent vegetation
and is home to several bird species. The proposed pond is intended to comply with
current General Plan policies, to maintain the existing condition and is not expected to
result in an increase the population of birds of any significance.
Response to Letter from Jean Finney, District Branch Chief, State of California
Department of Transportation, District.
Comment 1: Caltrans recommends that South San Francisco coordinate with Caltrans
regarding upgrading of US 101 freeway where work within the State ROW is required.
Response 1: Comment noted.
Comment 2: Work within the ROW will require an encroachment permit.
Response 2: This is noted onpage 12 of the In/rial Study. No additional response is
necessary.
Response to Letter from James Hockenberry, Environmental Services Unit, State
Water Resources Control Board, Division of Clean Water Programs.
Comment 1: Circulate 15 copies of the M/figated Negative Declaration through the
State Clearinghouse, a resolution approving the project and making CEQA finding.
Comment letters, a Mitigation Monitoring Plan and Notice of Determination.
Response 1: Comment noted. Fifteen copies have been circulated to the State
Clearinghouse, a resolution approving the project, an approved M3IRP and NOD will be
sent to the Water Resources Control Board after the project has been approved and the
resolutions adopted by the City Council.
Comment 2: Please send SWRCB additional copies of the document.
Initial Study/Mitigated Negative Declaration, Response to Comments
South San Francisco Sewer Improvement Program, Cp. 1 3 72002
Response 2: Comment noted. Requested copies have been sent to SWRCB.
Comment 3: SRF loan applicants must comply with federal laws regarding cultural
resources, particularly Section 106.
Response 3: Information complying with Section 106 are stated in the Initial Study and
a program has been established so that all future applicable project components will have
Section 106 reviews complete3d prior to individual loan requests.
Comment 4: SKF projects are subject to Federal Endangered Species Act and a copy of
the document has been forwarded to the Fish and Wildlife Service for review.
Response 4: Comment acknowledged. No additional analysis is required at this time.
Comment 5: SKF loan applications located in air quality non-attainment areas may be
required to comply with the Federal Clean Air Act. Based on information contained in
the Initial Study, the proposed project does not appear to exceed Federal standards.
Response 5: Comment acknowledged. No additional analysis is required at this time.
Initial Study/Mitigated Negative Declaration, Response to Comments
South San Francisco Sewer Irrrproveme~t Program, O/>~ 3 B002
Revisions to Mitigation Measures
Mifi¢ation Measure 2:
Prior to commencement of the Colma Creek bank stabilization portion of the
project, a qualified biologist may prepare a Construction Management Plan to
ensure that any impacts to wetlands and special-status plant and animal
species are minimized to the fullest extent possible. The Plan shall include
fencing of sensitive areas not pan of the project, limitations on work below
the spring high tide elevation, and use of erosion control techniques to
minimize erosion into the Creek.
b)
Prior to commencement of any tunneling under Colma Creek, a
preconstruction survey shall be completed by a qualified biologist to ensure
no sensitive plant or animal species or habitats will be disturbed by runnel
construction activities. If deemed necessary by the biologist, a Construction
Management Plan shall be prepared for this portion of the project that shall
include, but not be limited to, placement of construction fencing, restrictions
on times of construction, restrictions on placement of trench spoils,
restrictions on construction staging areas and similar features that would
ensure any biological resources impacts would be less-than-significant.
Necessary perm/ts shall also be obtained from appropriate regulatory agencies.
Mitigation Measure 3:
The proposed wet weather pond,.is located in an area identified in the General Plan for
Sensitive Biological Resources. Consistent with General Plan policies, the proposed wet
weather pond should be designed to allow for the establishment of emergent native
vegetation, such as cattail and bulrush around the perimeter. Ideally, the northerly and
easterly side slopes should not exceed 3:1, to allow for the establishment of a wider band
of emergent vegetation. Any planting or removal of native vegetation in the proposed wet
weather pond shall be scheduled during the non-nesting season (after August 31 and
before October 15) to avoid potential disturbance to nesting birds.
P. 140
Mitigated Negative Declaration
South San Francisco Sewer Improvement Program
Mitigation Monitoring and Reporting Program
October 2002
Mitigation Measure
Air Quality: Mitigation Measure 1
The project contractor shall adhere to
appropriate methods recommended by the
Bay Area Air Quality Management District
to minimize air borne pollution, including
but not limited to frequent watering of open
trenches, covering of excavated dirt and
related actions. Dust control measures shall
be included on contractor project
specifications.
Implementing[ Monitoring Monitoring I
Responsibility Responsibility Schedule
Project Contractor
South San Francisco
Public Works
Department
During project
construction
Biological Resources: Mitigation Measure 2
a) Prior to commencement of the Colma South San
Creek bank stabilization portion of the
project, a qualified biologist shall prepare a
Construction Management Plan to ensure
that any impacts to wetlands and special-
status plant and animal species are
minimized to the fullest extent possible.
The Plan shall include fencing of sensitive
areas not part of the project, limitations on
work below the spring high tide elevation,
Francisco Public
Works Department
South San Francisco
Public Works
Department
Prior to
construction
adjacent to
Colma Creek
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Verification
Page 1
Mitigation Measure
and use of erosion control techniques to
minimize erosion into the Creek.
hnplementing
Responsibility
Monitoring
Responsibility
b) Prior to commencement of any
tunneling under Colma Creek, a
preconstruction survey shall be completed
by a qualified biologist to ensure no
sensitive plant or animal species or habitats
will be disturbed by tunnel construction
activities. If deemed necessary by the
biologist, a Construction Management Plan
shall be prepared for this portion of the
project that shall include, but not be limited
to, placement of construction fencing,
restrictions on times of construction,
restrictions on placement of trench spoils,
restrictions on construction staging areas
and similar features that would ensure any
biological resources impacts would be less-
than-significant.
South San
Francisco Public
Works Department
South San Francisco
Public Works
Department
Necessary permits shall also be obtained
from appropriate regulatory agencies.
Biological Resources: Mitigation Measure 3
The proposed wet weather pond is located South San
in an area identified in the General Plan for Francisco Public
Sensitive Biological Resources. Consistent Works Department
with General Plan policies, the proposed
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
South San Francisco
Public Works
Department
Monitoring
Schedule
Prior to
construction
adjacent to
Colma Creek
Prior to
construction of
the wet weather
holding pond
Verification
Page 2
Mitigation Measure
wet weather pond should be designed to
allow for the establishment of emergent
native vegetation, such as cattail and
bulrush around the perimeter. Ideally, the
northerly and easterly side slopes should
not exceed 3:1, to allow for the
establishment of a wider band of emergent
vegetation. Any planting or removal of
native vegetation in the proposed wet
weather pond shall be scheduled during the
non-nesting season (after August 31 and
before October 15) to avoid potential
disturbance to nesting birds.
Cultural Resources: Mitigation Measure 4
An Archeological Resource Program shall
be prepared by a qualified archeologist
prior to start of any construction which
shall include:
a) Provision for submittal of Section 106-
level analysis for each project component
as they are designed and submitted to the
State Water Resources Control Board for
State Revolving Loan funding.
b) Language added on individual project
improvement plans and specifications to
the effect that if archeological materials or
artifacts are identified, work on that portion
of the project shall cease until a resource
protection plan conforming to CEQA
Implementing
Responsibility
Mo~fitoring
Responsibility
South San
Francisco Public
Works Department
South San Francisco
Public Works
Department
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Monitoring
Schedule
Prior to
commencement
of construction
Verification
Page 3
Mitigation Measure
Section 15064.5 is prepared by a qualified
archeologist and/or paleontologist and
approved by the San Francisco Public
Works Director or an authorized
representative. Project work may be
resumed in compliance with such plan. If
human remains are encountered, the
County Coroner shall be contacted
immediately and the provisions of State
law canJed out.
Geology and Soils: Mitigation Measure 5
Contractor specifications for this project
shall require the preparation and
implementation of an erosion control plan
for all portions of the project that would
involve trenching, excavation or
stockpiling of dirt. The plan shall be
prepm'ed by a registered civil engineer and
be consistent with applicable Regional
Water Quality Control Board guidelines
and standards.
hnplementing
Responsibility
Project contractor
Hazards and Hazardous Materials: Mitigation Measure 6
Prior to commencement of each phase of South San
construction, the City shall complete a Francisco Public
hazardous materials characterization study Works Department
for all underground portion of the project,
employing a protocal approved by
appropriate regulatory agencies with
jurisdiction, ff hazardous materials are
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Monitoring
Responsibility
South San Francisco
Public Works
Department
South San Francisco
Public Works
Department
Monitoring
Schedule
Prior to
commencement
of grading
Prior to
commencement
of construction
Verification
Page 4
Mitigation Measure
Implementing
Responsibility
Francisco Public
Works Department
Francisco Public
Works Department
encountered, either in the soil or
groundwater, a soil and/or groundwater
remediation plan shall be prepared and
implemented indicating methods of
removal and disposal of the material,
including methods to minimize release of
hazardous materials into the atmosphere.
The Plan shall include a worker safety
program.
Hazards and Hazardous Materials: Mitigation Measure 7
An asbestos survey of pump station South San
structures shall be preformed consistent
with National Emission Standards for
Hazardous Air Pollution guidelines. If
warranted, a remediation plan to remove
asbestos shall be prepared and
implemented. A lead-based paint survey
shall be conducted and, if lead-based paint
is encountered, the requirements as
outlined in Cai OSHA Lead in
Construction Standard, Title 8, CCR
Section 1532.1 shall be followed by the
City.
Land Use and Plalming: Mitigation Measure 8
The City shall undertake an advance South San
notification program to property owners
and residents that could be affected by the
proposed construction program indicating,
at minimum, a description of proposed
Monitoring
Responsibility
South San Francisco
Public Works
Department
South San Francisco
Public Works
Department
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Page 5
Monitoring
Schedule
Prior to
commencement
of construction
on all pump
stations
Prior to
commencement
of construction
Verification
Mitigation Measure
work, hours of operation, construction
phasing and an individual to be notified in
the event of emergencies.
Noise: Mitigation Measure 9
For the Winston Manor project component,
construction activities shall be limited to
the hours of 7:30 am to 6 pm, Monday-
Saturday. No construction shall occur on
Sunday on local, State or federal holidays.
Exceptions may be granted on an
emergency basis by the South San
Francisco City Engineer. Construction
activities shall be deemed to include
vehicle warm-up and maintenance and
delivery of construction materials. These
limitations shall be included in all
construction plans and specifications for
the project.
Implementing
Responsibility
Project contractor
Transportation/Traffic: Mitigation Measure 10
A Traffic Construction Management Plan South San
shall be prepared prior to commencement Francisco Public
of construction, identifying specific Works Department
methods to be undertaken to ensure that
peak hour traffic can flow freely and that
access to abutting properties is maintained
for emergency vehicles. This shall include
vehicular, pedestrian and bicycle modes of
transportation. The Management Plan shall
be reviewed and approved by the South
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Monitoring
Responsibility
South San Francisco
Public Works
Department
South San Francisco
Public Works
Department
Page 6
Monitoring
Schedule
During
construction of
Winston Manor
portion of
project
Prior to
commencement
of construction
Verification
Mitigation Measure
San Francisco Police and Fire
Departments.
Implementing
Responsibility
Monitoring
Responsibility
Monitoring
Schedule
Verification
Mitigated Negative Declaration, South San Francisco Sewer Improvement Program,
Mitigation Monitoring and Reporting Program, October 2002
Page 7
RESOLUTION NO.
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
A RESOLUTION ADOPTING THE CITY OF SOUTH SAN FRANCSCIO EAST OF
HIGHWAY 101 SEWER FACILITIES MASTER PLAN, EAST OF 101 SEWER
FACILITY DEVELOPMENT ]MPA:CT FEE STUDY AND ESTABLISHING A
SEWER FACILITY DEVELOPMENT IMPACT FEE FOR FUTURE
DEVELOPMENT WITHIN THE EAST OF 101 AREA
RECITALS
WHEREAS, on October 13, 1999, the City Council of the City of South San Francisco
adopted the South San Francisco General Plan ("General Plan"); and
WHEREAS, the General Plan, as adopted and amended, applies to the East of 101 Area,
which is a Planning Area that includes the land within the jurisdictional limits of the City; and
WHEREAS, the City's adopted General Plan and East of 101 Area Plan include policies
addressing the need to expand the City's wastewater system to meet future growth (see General
Plan Policies 5.3-G-4 and 5.3-I-4 and East of 101 Area Plan Policy PF-3); and requiring that new
development pay its fair share toward upgrades to existing sewer facilities or construction of new
sewer facilities as those upgrades and facilities are necessitated by new development in the East
of 101 Area (see General Plan Policies 5.3-G-5 and 5.3-1-5); and
WHEREAS, the City of South San Francisco has retained Carollo Engineers to prepare
an East of Highway 101 Sewer System Master Plan to assist the City in reviewing the needs of
residents and businesses through build-out under the adopted General Plan; and
WHEREAS, the East of Highway 101 Sewer System Master Plan identifies sewer
infrastructure improvements that are necessary in order to allow future development to occur in
the East of 101 area; and
WHEREAS, the City retained Bartle Wells to prepare an East of 101 Sewer Facility
Development Impact Fee Study to determine the level of fees necessary to generate funds to pay
for the sewer infrastructure facilities necessitated through build-out under the adopted General
Plan, as amended; and
WHEREAS, Bartle Wells has prepared and presented to the City Council an East of 101
Sewer Facility Development Impact Fee Study ("Sewer Facility Fee Study") which the Council
adopted at its ,2002 meeting by , which is attached as Exkibit A; and
WHEREAS, the Sewer Facility Fee Study estimates the cost of sewer infrastructure
improvements that are necessary to accommodate future development within the East of 101
Area; and
WHEREAS, the Sewer Facility Fee Study demonstrates the appropriateness of adopting
the sewer facility impact fee mounts included in this resolution based on current estimates of
the need for, and cost of, sewer infrastructure improvements needed to accommodate new
development, including: (1) an estimate of sewer capacity demand from new development; (2)
an estimate of the increase in the East of 101 Area's development, and redevelopment, between
the year 2001 and the year 2020, the planning horizon anticipated to be used in future
preparation of a General Plan for the City; and (3) the cost of constructing the necessary sewer
infrastructure improvements to offset the impacts of the estimated sewer capacity demand
generated in the East of 101 area through 2020; and
WHEREAS, in accordance with the Government Code, at least 14 days prior to the
public hearing at which this Resolution was adopted, notice of the time and place of the heating
was mailed to eligible interested parties who filed written requests with the City for mailed
notice of meetings on new or increased fees or service charges; and
WHEREAS, in accordance with the Government Code, Exhibit A was available for
public review and comment for ten days prior to the public hearing at which this resolution was
adopted; and
WHEREAS, 10 days advance notice of the public hearing at which this resolution was
adopted was given by publication in accordance with Section 6062(a) of the Government Code;
and
WHEREAS, the sewer improvements identified in the Sewer Facility Fee Study were
analyzed in the 2002 Initial Study/Mitigated Negative Declaration prepared by the City for the
South San Francisco Sewer Improvement Program and potential impacts analyzed; and
WHEREAS, on ,2002, the City Council adopted the 2002 Initial
Study/Mitigated Negative Declaration; and
WHEREAS, the improvements identified in the 2002 Initial Study/Mitigated Negative
Declaration will undergo additional separate environmental review once the improvements have
been sufficiently engineered to identify their scope and potential impacts.
NOW THEREFORE, be it resolved that the City Council hereby makes the following
findings in support of the East of 101 Sewer Facility Development Impact Fee.
Based on all the evidence in the record, including but not limited to: 1) The City of South San
Francisco General Plan and amendments thereto; 2) The East of 101 Supplemental
Environmental Impact Report certified in 2001; 3) staff reports prepared for and distributed at
the duly noticed public hearing conducted by the City Council on October 23, 2002; 4) testimony
and materials received at the aforementioned public hearing; and, 5) the recitals of this
Resolution, the City Council finds as follows:
A. The City of South San Francisco East of 101 Sewer Facility Development Impact
2
Fee Study complies with California Government Code Section 66001 by establishing the basis
for imposition of the fee on new development in the East of 101 area. The purpose of the sewer
facility development impact fee set forth in this resolution is to finance sewer facility
improvements to reduce the impacts caused by future development in the East of 101 Area, as
further explained in Exhibit A. Such facilities are described in Exhibit A. The Sewer Facility
Fee Study further describes the following:
2.
3.
4.
5.
identifies the purpose of the fee;
identifies the use to which the fee will be put;
shows a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed;
show a reasonable relationship between the need for the public facilities and the
type of development project on which the fee is imposed;
show a reasonable relationship between the amount of the fee and the cost of the
public facilities or portions of facilities attributable to the development on which
the fee is imposed.
B. The sewer facility development impact fee ("Impact Fee") collected pursuant to
this resolution shall be used to fmance the sewer facility improvements described in Exhibit A.
C. After considering Exhibit A, the East of Highway 101 Sewer System Master Plan,
the Initial Study/Mitigated Negative Declaration, the testimony received at this noticed public
heating, the agenda statements, the General Plan, and all correspondence received (together,
"Record"), the City Council approves and adopts Exhibit A and incorporates such report herein;
it further finds that future development in the City will generate the need for the sewer facility
improvements described in Exhibit A, and that such improvements are consistent with the
General Plan.
D. In adopting the sewer facility development impact fee set forth in this resolution,
the City Council is exercising its powers under Article XI, Section 7 of the California
Constitution.
E. The Record establishes:
1. That there is a reasonable relationship between the use of the Impact Fee
set forth in this resolution (payment for certain listed sewer facility improvements) and the type
of development projects on which such fee is imposed in that all new development in the East of
101 Area will generate or contribute to the need for the sewer facility improvements listed in
Exhibit A; and
2. That there is a reasonable relationship between the need for the sewer
facility improvements listed in Exhibit A and the type of development projects on which the
Impact Fee set forth in this resolution is imposed in that new development in the East of 101
Area will generate additional wastewater which must be collected by the City's sewer system
and such wastewater creates a demand for additional capacity which necessitates construction of
the improvements listed in Exhibit A; and
3
3. That there is a reasonable relationship between the amount of the Impact
Fee set forth in tiffs resolution and the cost of the sewer facility improvements listed in Exhibit A
or that portion of such improvements attributable to the development on which such fee is
imposed in that such fee is calculated based on the number of gallons per day of sewer capacity
needed by future development, the total cost of construction of such facilities, and the percentage
by which development within the City contributes to the need for such facilities; and
4. That the cost estimates set forth in Exhibit A are reasonable estimates for
the cost of the sewer facility improvements listed therein, and the fees expected to be generated
by future development will not exceed the projected cost of such improvements; and
5. That the method of apportioning the fee set forth in this resolution to a
particular development bears a fair relationship and is roughly proportional to each
development's burden on and benefits from the improvements to be funded by such fee, in that
such fee is calculated based upon the projected ultimate sewer capacity needs each particular
development will generate.
NOW, THEREFORE, be it further resolved, that the City Council of the City of South San
Francisco does hereby resolve as follows:
1. The East of 101 Sewer Facility Development Impact Fee Study is hereby adopted.
NOW, THEREFORE, be it further resolved, that the City Council of the City of South San
Francisco does hereby resolve as follows:
1. The Sewer Facility Development Impact Fee for Future Development within the
East of 101 Area, as set forth herein in Attachment 1 is hereby adopted.
Effective Date.
This resolution shall become effective immediately. In accordance with Government Code
Section 66017, the Fee shall be effective 60 days from the effective date of this resolution.
Severabilitw.
Each component of the Fee and all portions of tiffs resolution are severable. Should any
individual component of the Fee or any portion of this resolution be adjudged to be invalid and
unenforceable by a body of competent jurisdiction, then the remaining Fee components and/or
resolution portions shall be and continue in full force and effect, except as to those Fee
components and/or resolution portions that have been adjudged invalid. The City Council of the
City of South San Francisco hereby declares that it would have adopted this resolution and each
section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact
that one or more section, subsection, clause sentence, phrase or other portion may be held invalid
or unconstitutional.
4
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
day of ,2002 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
5
ATTACHMENT 1
1. Sewer Facility Development Impact Fee for Future Development within the East of 101
Area
2. Definitions.
(a) "Applicant" shall mean any person or legal entity that applies for a permit or other
entitlement for a new development project.
(b) "City" shall mean the City of South San Francisco.
(c)
"Development" shall mean the construction, alteration, or addition, other than by the City, of
any building or structure within the area within the East of 101 area of the City of South San
Francisco.
(d) "Development Project" means any Commercial, Office/Research and Development,
Industrial or Hotel Development Project.
(e)
"East of 101 Sewer Facility Development Impact Fee" or "Fee" shall mean the charge or
charges imposed on development to fund the sewer improvements to ensure that such
development pays its fair share of improvements generated by such development pursuant to
this resolution and applicable law.
(f)
"East of Highway 101 Sewer System Master Plan" shall mean the "East of Highway 101
Sewer System Master Plan," September 2001 draft, prepared by Carollo Engineers for the
City of South San Francisco.
(g)
"Hotel" shall mean a commercial facility containing guestrooms for the temporary use of
transients where access to individual units is predominantly by means of common inter/or or
exterior hallways.
(h)
"Industrial" shall mean any development constructed or to be constructed on land having a
General Plan land use or zoning designation for the manufacture, production, assembly, or
processing of consumer goods and/or other space uses incidental to these activities.
Industrial land uses include but are not limited to: assembly; concrete and asphalt batching
plants; contractors' storage yards; fabrication; lumber yards; manufacturing; outdoor
stockyards and service yards; printing; processing; warehouse and distribution; and
wholesale and heavy commercial uses. "Industrial" includes the following General Plan
land use designations: light industry and heavy industry.
(i) "Land Use Category" shall mean any of the specific land uses that have been listed in this
Resolution and are used to provide the basis for future sewer capacity projections.
(j) "New Development Project" shall mean any construction, addition, alteration or other
change of use of a building or land that requires the City to issue a grading, building,
plumbing, mechanical, or electrical permit, or any other form of entitlement.
(k)
Office/Research and Development" shall mean any development constructed or to be
constructed on land having a General Plan land use or zoning designation for general
business offices, medical or professional offices, administrative or headquarters offices,
offices for large wholesaling or manufacturing operations, research and/or development,
research and development campus development with ancillary retail and services, and other
space uses incidental to these activities. Office land uses include, but are not limited to:
administrative headquarters; business parks; finance offices; insurance offices; legal offices;
medical and health services offices and office buildings; professional and administrative
offices; professional associations; real estate offices; research and/or development offices
and travel agencies.
(1) "Public Works Director" shall mean the Director of Public Works or the Director's designee.
(m)"Report" shall mean the information contained in the Sewer Facility Fee Study and the East
of Highway 101 Sewer System Master Plan as that plan is referenced by the Sewer Facility
Fee Study.
(n)
"Sewer Facility Fee Study" shall mean the report entitled "East of 101 Sewer Facility
Development Impact Fee," October 2002 draft, prepared by Bartle Wells for the City of
South San Francisco.
(o)
"Sewer Improvements" shall include those improvements that are described in Exhibit A;
provided that the City Council later determines in accordance with applicable law (1) that
there is a reasonable relationship between development within the East of 101 Area and the
need for alternative sewer improvements, (2) that the alternative sewer improvements are
comparable to the facilities listed in Exhibit A, and (3) that revenue from fees charged
pursuant to this resolution will be used only to pay new development's fair and
proportionate share of the alternative sewer improvements.
3. Sewer Facility Development Impact Fee Imposed.
Pursuant to Government Code Section 66000 et seq, ("Mitigation Fee Act") a Fee
shall be imposed and paid at the times and in the amounts and otherwise apply and be
administered as prescribed in this resolution for each non-residential new development
(including commercial, hotel, and office/research and development (R&D)).
4. Time for Fee Payment.
A Fee shall be charged and paid for each non-residential development, including
commercial, hotel, and office/research and development developments, upon issuance of the
building permit, or if no building permit is required, upon approval of a use permit for the
development project or, if no use permit or amendment thereto is required, at the earliest of any
other permit required for the project, for such non-residential development.
7
5. Amount and Calculation of Fee.
The Fee is $3.19 per gallon per day of sewer capacity required. The impact fee
was obtained by dividing the $12.4 million dollar cost of new capacity by the 3.9 million gallons
per day of capacity required to meet the demands of future development.
a. The total fee will be determined by calculating the projected capacity
needs based upon the estimated flow/discharge which shall be based on historical industry data,
data supplied by the developer indicating previous capacity needs (if applicable) and data from
similar developments with similar proposed uses. The Director of Public Works, in consultation
with the developer, shall determine the amount of capacity required by mutual agreement.
b. For redevelopment projects, i.e. those projects converting from Industrial
to Office/R&D, the amount of the fee shall be calculated as set forth in (a) for the new
development. The City shall then credit the developer an amount equal to the average capacity
used over the previous 12 months, or if the existing use was established less than 12 months prior
to redevelopment, the average capacity required during the preceding period.
Exemptions From Fee. The Fee shall not be imposed on the following:
a. Any replacement or reconstruction of an existing non-residential structure
that has been destroyed or demolished; provided that, the building permit for reconstruction is
obtained within one year after the building was destroyed or demolished, unless the replacement
or reconstruction increase the square footage of the structure by 50 percent or more.
b. Any project that has submitted a complete application for a vesting
tentative map, has an executed Development Agreement or has received its final discretionary
approval and begun construction as of the Effective Date of this Resolution.
7. Use of Fee Revenue.
The revenues raised by payment of the Fee shall be placed in a separate, interest
beating account to permit accounting for such revenues and the interest that they generate. Such
revenues and interest shall be used only for the facilities and the purposes for which the Fee was
collected, which are the following:
a. To pay for design, engineering, construction of and property acquisition
for, and reasonable costs of outside consultant studies related to, the Sewer Improvements;
b. To reimburse the City for the Sewer Improvements constructed by the
City with funds from other sources including funds from other public entities, unless such funds
were obtained from grants or gifts intended by the grantor to be used for the Improvements.
d. To reimburse developers that have designed and constructed any of the
Improvements with prior City approval and have entered into an agreement, as provided in
8
Section 12, below; and
e. To pay for and/or reimburse costs of program development and ongoing
administration of the Fee program, including, but not limited to, the cost of studies, legal costs,
and other costs of updating the Fee.
8. Standards.
The Standards upon which the need for the Facilities are based are the standards of the
City, including the standards contained in the General Plan and those City standards reflected in
the Report.
9. Periodic Review.
a. During each fiscal year, the Public Works Director shall prepare a report
for the City Council, pursuant to Government Code Section 66006, identifying the balance of
Fee revenues in the Fee account.
b. Pursuant to Government Code Section 66002, the City Council shall also
review, as part of any adopted City Capital Improvement Plan each year, the approximate
location, size, time of availability and estimates of cost for all Facilities to be financed with the
Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation.
The City Council shall make findings identifying the purpose to which the existing Fee revenue
balances are to be put and demonstrating a reasonable relationship between the Fee and the
purpose for which it is charged.
10. Subsequent Analysis and Revision of the Fee.
The Fee set forth herein is adopted and implemented by the City Council in reliance on
the Record identified above. The City may continue to conduct further study and analysis to
determine whether the Fee should be revised. When additional information is available, the City
Council may review the Fee to determine that the Fee amounts are reasonably related to the
impact of Development within the City. In addition to the inflation adjustments pursuant to
Section 12, below, the City Council may revise the Fee to incorporate the findings and
conclusions of further studies and any standards in the General Plan, as from time to time
amended by the City.
11. Fee Adjustments.
The purpose of this section is to provide for annual adjustments of the Fee for inflation,
beginning July 1, 2003 and each July thereafter, as follows:
a. Construction Cost. Annually each July, the City Manager shall adjust the
cost of construction of the Facilities, as shown in the Report, increasing/decreasing such
construction cost by the annual percentage increase/decrease reached by comparing the
Engineering News Record Construction Cost Index (20-city average) for the prior March or
April over the same Construction Cost Index for the same month for the prior year. The City
Manager may round the adjusted Facilities construction cost to whole dollars.
b. Land Acquisition Cost. Annually each July, the City Manager shall adjust
the cost of acquiring real property interests for the Facilities as shown in the Report by
calculating the percentage change in land cost per acre within the City, based on a comparison of
the most recent appraisal (,prepared for the City for the purpose of adjusting the Fee) and the
immediately preceding appraisal (prepared for the City for the purpose of adjusting the Fee and
using the same methodology) (the "Land Index"). The City Manager may round the adjusted
Facilities land acquisition cost to whole dollars.
c. Total Annual Fee Adjustment. Annually each July, the City Manager
shall adjust the Fee by applying the total annual Fee adjustment for that year to the prior year's
Fee. The total annual Fee adjustment shall be reached by apportioning the adjustment in
construction cost and land acquisition cost calculated according to this section according to the
percentage each cost comprises of the whole Fee pursuant to the Report.
12. Credits and Reimbursement for Developer Constructed Facilities.
The City and a developer may enter into an improvement agreement to allow the
developer to construct certain of the Facilities. Such an agreement is totally discretionary on the
part of the City. Such agreement shall provide for security for the developer's commitment to
construct the Facihties and shall refer to this Resolution for credit and reimbursement. If the
City enters into such an agreement with a developer prior to construction of one or more of the
Facilities, the City shall provide the developer a credit in accordance with the following:
a. Credit Amount. The credit shall be in the amount of the lowest bid
received for construction of the facility, as approved by the Director of Public Works. However,
in no event shall a credit pursuant to this provision exceed the current facility cost. For the
purposes of this section, such current facility cost shall be the amount listed in the Report for that
particular facility, as subsequently adjusted pursuant to Sections 11 and 12 of this resolution
prior to issuance of the building permit for that facility. Once issued, credit pursuant to this
section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this
section is not transferable.
b. Application of Credit. Developers may apply credit given pursuant to this
section against the Fee applicable to a particular project, until the credit is exhausted or an excess
credit results. The total credit shall be divided by the number of units to determine the amount of
credit that can be applied against the Fee for each unit, and if the credit per unit is less than the
Fee per unit, the developer shall pay the difference for each urdt.
c. Reimbursement for Excess Credit. Reimbursement for excess credit shall
only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or
acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of
Fee revenues, including reimbursement for excess credit, developers with excess credit shall be
entitled to reimbursement, subject to such developers certifying in writing to the City that the
l0
cost of constructing the facility that resulted in an excess credit that was not passed on to tenants
of the development, and indemnifying the City from land-owner claims for reimbursement under
Government Code Section 66000 et seq., and Section 66001 in particular. If remaining Fee
revenues after all of the Facilities have been constructed or acquired are insufficient to cover all
claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of
excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law.
C:kNrPortblkEBMAINLKIMBERLYk602961 1.DOC
Staff eport
DATE: October 23, 2002
TO: Honorable Mayor and City Council
FROM: Jennifer A. Bower, Director of Human Resources
SUBJECT:
Waive Reading, Introduce and Adopt an Ordinance to Amend the Contract Between
the Board of Administration, California Public Employees' Retirement System (PERS),
and the City Council, City of South San Francisco, to Provide Section 21362.3 (3 % @
50 Full Formula) for Local Safety Members.
RECOMMENDATION
Waive reading and introduce and adopt an ordinance amending the PERS Contract to provide Section
21362.3 (3 % @ 50 Full Formula) for'Local Safety Members.
ACKGROUND/DISCUS SION
During negotiations with all three of the public safety bargaining units (Police Association, Firefighters'
Association [IAFF], and Public Safety Managers) each unit proposed enhancements to the City's retirement
system. With approval from Council, the City's plan was to modify its PERS contract to provide 3% at age 50
retirement formula with an implementation date anticipated to occur in late 2002.
The City has completed its negotiations and has received all the necessary valuations and documents from PERS
to implement by November 22, 2002. The process from PERS requires that the City adhere to strict timelines, and
they are as follows:
9/25/02
10/23/02
11/21/02
11/22/02
By:
Adoption of Resolution of Intention.
Adoption of Final Ordinance.
Effective Date of Ordinance.
_/~~S Amendment to Contract.
Approved:
_j/~e~n!f_e_r A. B~wer
Dqrector of Human Resources
Michael A. Wilson
City Manager
ttachment: Exhibit A: Amendment to Contract
Exhibit B: Form CON-5 Certification of Final Action of Governing Body
Exhibit C: Resolution
JAB-10/18/2002
F:'~ile Cabinet\City CouncilXPERS Modifications\3 at 50~PERS Resolufion3.doc
IN THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO
ORDINANCE NO.
AN URGENCY ORDINANCE APPROVING AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL CITY OF SOUTH SAN FRANCISCO
WHEREAS, the City of South San Francisco has agreed to provide enhancements
to the City's retirement system as part of negotiations with to members of the South San
Francisco Chapter of the International Association of Firefighters, the Police Association
and the Public Safety Managers Unit;
WHEREAS, The California Public Employees' Retirement System staff have
prepared the attached Amendment to Contract to implement this enhanced retirement
benefit (Section 21362.3 [3% ~ 50 Full Formula];
WHEREAS, pursuant to Government Code sections 36934, this ordinance is an
urgency ordinance in that the provision of this benefit relates to the current expenses of
the City. Specifically, the effective date of enhance benefit is November 22, 2002. The
provision of this enhanced retirement benefit is a contractual obligation of the agreements
referenced hereinabove.
WHEREAS, this ordinance shall apply to all relevant Chapters of the Municipal
Code.
NOW THEREFORE, the City Council of the City of South San Francisco does
ORDAIN as follows:
The City Council of the City of South San Francisco does hereby approve
Amendment to Contract Between the Board of Administration California Public
Employees' Retirement System and the City Council of the City of South San Francisco
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
the Agreement on behalf of the City.
1. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City
Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general
circulation in the City of South San Francisco, as required by law, and shall become
effective thirty (30) days from and after its adoption.
2. SEVER_ABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections
or portions hereof shall remain in full force and effect.
Introduced and adopted at a regular meeting of the City Council of the City of
South San Francisco, held the __ day of ,2002.
AYE S:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this __ day of ,2002.
CalPERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
C~ty of South San Francisco
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
September 1, 1945, and witnessed September 12, 1945, and as amended effective
September 1, 1949, December 1, 1953, January 1, 1960, January 1, 1963, February 1,
1967, January 1, 1968, January 1, 1969, November 1, 1973, April 19, 1974, January 21,
1977, November 11, 1977, December 19, 1980, August 23, 1985, .January 23, 1987,
December 22, 1989, January 1, 1992, October 9, 1993, April 23, 1994, June 13, 1996
and May 11, 2001 which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective May 11, 2001, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
All words and terms used herein which are defined in the ~Public Employees'
Retirement Law shall have the meaning as defined therein unless otherWise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members and age 50 for local safety members.
Public Agency shall participate in the Public Employees' Retirement System
from and after September 1, 1945 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as are
excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become
members of said Retirement System:
PERSONS WHO ARE COMPENSATED ON AN HOURLY BASIS
WHO ARE EMPLOYED JANUARY '1, 1963 OR AFTER.
The percentage of final compensation to be provided for each year of
credited prior and current service as a local 'miscellaneous member shall be
determined in accordance With Section 21354 of said Retirement Law
subject to the reduction provided therein for Federal Social Security
(2%at age 55 Modified and Full).
The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
Public Agency elected and elects to be subject to 'the following optional
provisions:
Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only.
bo
Section 21222.1 (One-Time 5% Increase - 1970).
repealed said Section effective January 1, 1980.
Legislation
c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
10.
11.
Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
e. Section 20042 (One-Year Final Compensation).
Section 21573 (Third Level of 1959 Survivor Benefits) for local safety
members only.
g. Section 20965 (Credit for Unused Sick Leave).
Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
November 11, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as provided
in Government Code Section 20834.
Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to 'annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
A reasonable .amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of 'the
periodic investigation and valuations required 'by law.
A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
Contributions required of Public Agency and its employees shall be subject
to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of 'the experience under the
Retirement System as determined by the pe.riodic investigation and
valuation required by said Retirement Law.
12.
Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of
the period to which said contributions refer or as may be prescribed by
Board regulation. If more or less than the correct amount of contributions is
paid for any period, proper adjustment shall be made in connection with
subsequent remittances. Adjustments on account of errors in contributions
required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effective on the
__ day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SOUTH SAN FRANCISCO
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
AMENDMENT :ER# 0093
PERS-CON-702A (Rev. 8\02)
Re'oort
DATE:
TO:
FROM:
SUBJECT:
October 23, 2002
Honorable Mayor and City Council
Director of Parks, Recreation and Maintenance Services
Proposal from the Italian American Citizens Club of South San Francisco to
Construct an Overhang to Cover Two Bocce Courts in Orange Memorial Park
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an amendment to
the Capital Improvement Program Budget in the amount of $25,000 for the city's
contribution of one half of the funding required to cover two (2) of the existing bocce courts
in Orange Memorial Park, provided that the Italian American Citizens Club of South San
Francisco continues to maintain the bocce courts and the surrounding area.
BACKGROUND/DISCUSSION
The Italian American Citizens Club of South San Francisco (IACC) has recently approached the
city requesting assistance to construct an overhang to cover two (2) existing bocce courts in
Orange Memorial Park. The club has obtained an estimate of approximately $41,000 to
complete the proposed project. The Parks and Recreation Commission and staff have reviewed
the proposal and believe that it would be a benefit to all the individuals participating in the game
of bocce in Orange Memorial Park.
However, due to the limited financial resources and the many demands placed upon those
resources, the Parks and Recreation Commission and staff are recommending that the city and
the club share in the cost of this Capital Improvement Project (the city's contribution would be a
maximum of $25,000).
Furthermore, it should be noted that the issue of pine needles dropping on the courts and
surrounding area continues to be a matter of concern for the club. As a result, they have
requested that the city begin maintaining the area around the courts. Once again, due to limited
resources, it is recommended that the club continue to maintain the bocce courts and surrounding
area.
Staff Report
To: Honorable Mayor and City Council
Subject: Proposal from IACC to Cover Two Bocce Courts in Orange Memorial Park
Date: October 23, 2002
Page 2
At their regular meeting of September 26, 2002, the Parks and Recreation Commission took
formal action to approve the construction of an overhang to cover two (2) bocce courts at Orange
Memorial Park, and recommend to the City Council that the city contribute one half of the
funding to complete the project, up to a maximum of $25,000, provided that the IACC continues
to maintain the bocce courts and the surrounding area.
This evening representatives from the IACC will provide the City Council with an overview of
their proposal and respond to questions and comments.
FUNDING
The city has $25,000 available for this project through the passage of the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 Program - Proposition
12. There would be no General Fund dollars expended on this project.
Ba~ Nagel ~ ~ .........
Directoi: of Parks, Recreation
and Maintenance Services
Approved: ~/~./~ff--~/ff~
Michael A. i~Vil~on~
City Manager
Attachments:
1. Resolution
2. Letter from IACC to Mayor Mullin - 5/14/02
3. Letter from M. Fanti to B. Nagel - 9/4/02
4. Letter from B. Nagel to M. Fanti - 9/20/02
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AMENDMENT TO THE
CAPITAL IMPROVEMENT PROGRAM BUDGET (NO. 03-9) IN THE
AMOUNT OF $23,000 FOR THE CITY'S CONTRIBUTION OF ONE
HALF OF THE FUNDING REQUIRED TO COVER TWO OF THE
EXISTING BOCCE COURTS IN ORANGE MEMORIAL PARK
WHEREAS, the Italian American Citizens Club of South San Francisco has recently
approached the City requesting assistance to construct an overhang to cover two (2) existing
bocce courts in Orange Memorial Park; and
WHEREAS, due to the limited financial resources and the many demands placed upon
those resources, the Parks and Recreation Commission and staff are recommending that the City
and the club share in the cost of this Capital Improvement Project; and
WHEREAS, the City has $25,000 available for this project through passage of the Safe
Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 Program
- Proposition 12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves an amendment to the Capital Improvement
Program budget (No. 03-9) in the amount of $25,000 for the City's contribution of one half of
the funding required to cover two of the existing bocce courts in Orange Memorial Park,
provided that the Italian American Citizens Club of South San Francisco continues to maintain
the bocce courts and the surrounding area.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
day of ,2002 by the following vote:
AYES'
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
F:\file cabinet\Current Reso's\l 0-23bocce.court.res.doc
Mayor Gene Mullk~
Ci~ of South San t~rancisco
P.O. Box 711
South San Francisco, Ca. 940g3
Dear Mayor Mullin;
The Italian American Citizens Club of South San Francisco is currently among the
major supporters of Bocce Ball in Northern California. Bocce Ball is becoming the fastest
growing sport in America and new facilities are being built by Park and Rec departments,
wineries, retirement facilities, restaurants and Bocce dubs throughout the whole country.
Our courts at Orange Memorial Park are very good but improvements are needed to help
us keep up.
Local Communities are attracting as many as 1400 players to this 7,000 year old
game. We are lucky to reach 150. We have tried to introduce the game to as many new
people as possible but unfortunately because of our weather most new players are either
retired or semi-retired. This game is not just for elderly Italians, but a game for all ages
and all ethnic groups. We must make every effort to give evewone a chance to learn and
play this game.
Over the past few months our Bocce Committee has investigated the cost of
covering two courts. We believe that night Bocce could flourish if we made conditions
better.
Enclosed are quotations from Stoltz Metals for materials needed to erect a 38 ft.
wide and 100 fi. long structure with a two foot overhang on each side, starting at 14. fi
and rising one inch every foot. This bid also includes gutters and downspouts. State tax
and shipping (roughly $443.00) are not included. The bid from Brambila Metal Roofing is
for installation which also includes twelve footings. Brambilla's bid was based on
prevailing wages.
I hope that you can help us improve the conditions at the Orange Park Bocce
Courts and continue to make our park the class of all Northern California.
cc: Mike Wilson, City Manager
City of So. San Francisco
cc: Barry Nagel, Director
Parks, Recreation &
Maintenance Services
Sincrerely,
Rudy Bertoloz. zi, Bocce Chairman
I.A.C.C.
P.O. Box 5674
So. San Francisco, Ca. 94080
(650) 583-9936
0 L
Z METALS
M e t al F ab r i ~.:a t o r s
italian American Citizens Club
552 Yosemite DriVe
South San Francisco, Cal.B4080
November 1 .'
BUILDING. QUOTATION
pi1 ~ 65O-58.3-9938
Fax ~ 650-,589-858~ ROOF ONLY STRUCTURE
Mr. Rudy Berto{oz~J QUOTE ¢ lAC021112
PROJECT: talian Amedcan Bocci Ball BUilcling
Thank y~J for bhe opportunity to offer the following propoeal for your consideration:
BUILJ:)ING SPECIFICATIONS:
Design Load, s: 20 itt UBC ~ Snow
80 MPH Wind Exposure:
4.2 FT. Wide X
18,0 FT. Lohg X 26 GA Roo~' PAINTED
14 FT High (Low Eave) Roof Style: Gable
~ Bay(s) at ZO.O0 Foot/Bay(s)
ACCESSORIES:
C
I
~ :12 Slope
Seismic Zone: 4
2OO
L.F. Gu'u,e rs/Downspou~
~<z:~'~z:u [¢'crv~,~ ~ win3 purcnas,e oraer ...........................
FR~.,N'T .......... Approximate shippir~ weight ...... 16323 lbs. ,,estimale ............
$ 12,155
$ 2,431
INCLUDED
Quotation valid for ~irty days.
Terms: 10% deposit with signed order' balance due 10 days pdor to shippin9,
Approval Drawings: two Week's ~ffer rec~pt of deposi~ and signed order.
Fabric:Coon: Appro,.dmately f~ ~ aff~ m~m of sig~ fi~l appro~l pla~ ~ Cu~ ~.
Note: Unl~ ~]~ ~ o~, Cu~ b qu~ng ~nda~ d~ign and m~e~ls r~Nt~s of pre~ous
~bm~. ~ ~ m~ ~ ~ibi/~ ~ ~vide proof s~fi~o~ to m~ I~l building ~e r~uirements.
Su~ni~ for your ~~ b~ .~.'~~
B~ Whitson
Sal~ Manager
pless, e enter my oder as above per Cumco's Standard Terms and Conditions,
SIGNATURE DATE
F~:::'::: NCi, ' 2Eig-4Lz:':'-i3TT:
(239)4.91-0,771
PROPOSAL SUBMITTED TO:
RUDY BERTOLOZZi
· ' ...
~2 YOS~ITE Dr.
So. San. Fm~i~o
CA
Page No. 1
of 1 Pages
.'. PHONE 650-583.-g936 JDATE
JOB NAME BOZZI BALL COURT
b'I'REET · J
CITY S, SAN. FRANCISCO Et'ATE
,CA
3/21102.
BRAMBILA METAL ROOFING WILL FURNISH LABOR ONLY FOR THE-INSTALLAT.I.ON OF A 100' X 42' METAL BUILDING'....
WITH GUTTER AND DOWNSPOUTS. THIS BUILDING WILL HA~/E ROOF ONLY, NO WALLS WILL BE SHEETED.
WE WILL ALSO FURNISH-LABOR AND MASERIAL TO D.O .12 FOOTINGS FOR .T. HtS BUILDING.
FOOTINGS: 4' X 4' X 3'6'DEEP WiTH # 4 BARS 12" ON CENTER F__.ACH'WAY TOP AND BOTTOM '
~et'ereby propose to furnish I~bor and matedaJ for tootings in complete accordance with the above,~l:ecifcati~ns, for the sum of
Twenty Eight Th, ouse~ Four Hundre~l . . Dollam {.$_28 400,00 .... ) with p'eyment ~be .made as k~ows:
10% Down'and ~fance upon compWtior;. .. '
Afl work'to be Cmpieled in a workmanlike m~nne~' ac~ordir~ to ~rd p~s. Any ~l~ ~ ~i~t~ ~
Ail ag~me~ ~m ~ntbge~t ~ sffik~, ~n~ or ~ays ~ond our ~trol.
· Eutiquie. Brambila (owner)
ACCEPTANCE OF PROPOSAL
The a~'ve price~, sPeC~fic~tfor¢ and c~ndiliort,~ are ber4~.acoepted..Y, ou.aro authorized to do the work. ss.,specif~ed, Payment will..b~.msxCe as-cutlined~bove..,
._. ACCEPTED: "Signature:
~: S/gna lure:
Ma~? FAnr/
707 Gratvd Avelua¢, Avervue
South San Francisco, CA 94080
Telephone: (650) 588-4888
Fax~' (650) 871/9278
Baticm Americcm Citizens Ctub
of South San Frc~u~iscc
P.O. Box 5694
South San Francisco, CA 94083-5694
Tel.~tax: (650) 871-9278
September 4, 2002
Parks & Recreation Department
Mr. Barry Nagel, Director
Arroyo Street
South San Francisco, CA 94080
Dear Mr. Nagel:
It is with great disappointment to hear from our club representatives that were present at the meeting regarding the
tree situation at the Bocce courts and for the possible covering of two courts in the future, that the said trees were
not going to be taken down, but wouM be ~cleaned up' to hopefully stop the droppings of pine needles in the court
area. It has been over two weeks since the mings and the pine needles are still falling and those same trees
now look even more pathetic than in the past. We therefore request, that the parks and recreation department
begin to over-see the cleaning of the needles on the asphalt area around the Bocce courts, the same as they do with
the tennis courts. We will still continue to groom the courts themselves and help when-ever we can when
necessary. Hoping for a favorable response
Sincerely yours.
707 Grand Avenue
South San Francisco, CA 94080
IA CC Presidem
DEPARTMENT OF
PARKS, RECREATION AND
MAINTENANCE SERVICES
(650) 829-3800
FAX (650) 877-5378
September 20, 2002
Ms. Mary Fanti, IACC President
707 Grand Avenue
South San Francisco, CA 94080
Dear Ms. Fanti:
I am in receipt of your letter dated September 4, 2002, wherein you have requested that the city
begin to clean the areas around the bocce courts in Orange Memorial Park, specifically the
removal of the pine needles. As you are aware, the Italian American Citizens Club of South San
Francisco (IACC) is also requesting that the city participate in constructing an overhang to cover
two (2) of the existing bocce courts. Each of these items are being referred to the Parks and
Recreation Commission for review.
Enclosed is a staff report for the regular Parks and Recreation Commission meeting of
September 26, 2002. Staff is recommending that the city pay for one-half of the costs to
complete the overhang project up to a maximum of $25,000, provided that the IACC continues
to maintain the bocce courts and surrounding areas.
It is anticipated that the Commission will take formal action on these items for consideration by
the City Council in the near future.
Please feel free to attend the Parks and Recreation Commission meeting on Thursday,
September 26, 2002, at 7:00 p.m. in the Municipal Services Building Community Room located
at 33 Arroyo Drive, or give me a call at 829-3800 if you have any questions or comments.
33 ARROYO DRIVE
MAILING ADDRESS: P.O. BOX 711, SOUTH SAN FRANCISCO, CA 94083
Ms. Mary Fanti
September 20, 2002
Page 2
Thank you for taking the time to address the city regarding this important matter.
Very truly yours,
Director of Parks, Recreation and Maintenance Services
enclosure
cc: Parks and Recreation Commission