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HomeMy WebLinkAboutReso 26-1988 RESOLUTION NO. 26-88 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SEWAGE TREATMENT PLANT SLUDGE REMOVAL BE IT RESOLVED by the City Council of the City of South San Francisco, that: The City Manager is authorized to execute on behalf of the City an Agreement entitled, "Agreement, Sewage Treatment Plant Sludge Removal" for 1988 through 1992 between the City of South San Francisco and Tillo Products Company. A copy of the Agreement is attached as Exhibit "1". 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 9th day of March , 1988, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Dra.qo None None None ~ATTEST: ~ty Clerk~ EXHIBIT I TO RESOLUTION NO. 26-88 AGREEMENT SEWAGE TREATMENT PLANT SLUDGE REMOVAL THIS AGREEMENT dated March 9 , 19 89 by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporati~"~ of the State of California, situated in the County of San Mateo (designated hereinafter as "City"), and TILLO PRODUCTS COMPANY, P.O. Box 2252, South San Francisco (hereinafter referred to as "Tillo"): WI TNESSTH : WHEREAS, City maintain and operate a sewage treatment plant located at the terminus of Belle Air Road east of South Airport Boulevard in South San Francisco; and WHEREAS, City has constructed a sludge handling facility situated adjacent to the sewer plant for receipt and removal of the plant's sludge; and WHEREAS, City desires to have the sludge and other waste continuously removed in such a manner as to enable efficient operation and maintenance of the plant and to protect the public's health and welfare; and WHEREAS, City, through the office of the South San Francisco Deputy City Manager/City Engineer - Department of Technical & Maintenance Services, hereinafter DCM/T&MS, has developed a Technical Appendix for Removal of Sludge (hereinafter "Technical Appendix"), attached hereto as Exhibit "A"; and WHEREAS, Tillo has developed a report, entitled, "Draft Report - Tillo Products Company Composting System Evaluation," dated November 1979, hereinafter "Report", prepared by Waste and Water International, a copy of which is on file in the office of the South San Francisco Deputy City Manager/City Engineer - Department of Technical & Maintenance Services, hereinafter DCM/T&MS; and WHEREAS, Tillo has the expertise and capacity to receive and remove the sludge and to contribute to the development of operating standards using experience in the field and as guides the "Technical Appendix", "Report", "Water Quality Control Discharge Requirement Order 78-78 and Amendments" {attached as Exhibit "B"), Air Quality and other regulatory agency requirements and the provisions of this Agreement; and WHEREAS, City and Tillo desire to provide for the sludge removal operation based on the foregoing premises, the provisions of this Agreement and interim regulations so developed and issued by City through the office of the South San Francisco Deputy City Manager/City Engineer - Department of Technical & Maintenance Services, hereinafter DCM/T&MS. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOREGOING PREMISES AND THE COVENANTS HEREINAFTER SET FORTH, IT IS AGREED AS FOLLOWS: 1. Tillo's Sludge Removal Services Tillo, for the period commencing on the 1st day of April 1988, and ending on the 31st day of December 1992, shall perform the sludge removal services for the City's Sewer Plant in accordance with regulations issued through the office of the South San Francisco Deputy City Manager/City Engineer - Department of Technical & Maintenance Services, hereinafter DCM/T&MS, based on the guides heretofore recited and operating experience during said period. If the DCM/T&MS determines that Tillo has failed, refused or otherwise neglected to so perform, he may issue written notice to Tillo giving a reasonable time within which to comply; and upon Tillo's failure to do so, may cause the required work to be done at Tillo's cost and expense and, in addition to other remedies, may deduct the cost thereof from any sums due Tillo pursuant to this Agreement. City desires the right and option to renew this Agreement for the period commencing on the 1st day of January 1993 and ending on the 31st day of December 1997. The terms and conditions of the Agreement shall remain unchanged for the renewal period unless a change is requested and agreed to by City and Tillo. City shall notify Tillo, in writing, at least thirty {30) days prior to the expiration date of the Agreement if the renewal option will be exercised. 2. Tillo's Exclusive Right to Receive Sludge Tillo, for the term of this Agreement, shall have the exclusive right to receive sludge from City's sewer plant operation, and except as described in the Technical Appendix or interim regulations, whichever are applicable, shall accept same without warranty, express or implied, as to the nature and content thereof, or that it is fit for any particular purpose including, but not limited to, use in the product and/or process of Tillo. City's Right to Use Facilities, Etc., Upon Cancellation or Termination City's relying on the compost operation as a feasible means of removing a significant amount of digested sludge and further relying on performance of this Agreement by Tillo and Tillo's expertise, sources of supply, equipment, methods, patent and license rights and marketing services, and desire to have assurances that the compost operation will be continuous. Tillo, therefore, to provide City with such assurance, and induce City to execute this Agreement, agrees that upon cancellation or termination of this Agreement or insolvency of Tillo or any voluntary or involuntary cessation of business by Tillo, City for a period of three (3) years at a charge of One Dollar ($1.00) per year, shall have the right to use and employ all equipment (with the understanding that if Tillo is then obligated to pay rental or installment payments to the supplier or seller thereof, City shall pay a reasonable rental payment therefor or furnish their own equipment}, sources of material, supplies, marketing processes, including any customers, trade lists, trade names, or trade methods and patent and license rights available to Tillo in receiving and processing the digested sludge. The right to use said items thereafter shall be at a reasonable rental charge, subject to a credit or any sums owed City by Tillo. If the parties hereto cannot agree with respect thereto, same shall be arbitrated in accordance with Paragraph 12 of this Agreement. The registered trade mark "Tillo" shall remain the sole property of Tillo Products Company but available for use by City for the compost developed at City's site on the above stated conditions. 4. Title to Processed Sludge The processed sludge shall be the sole property of Tillo with the rights reserved to the City to use 1200 cubic yards annually without charge by Tillo. City shall give Tillo sixty (60) days' notice if it intends to use more than 1000 cubic yards of the processed sludge during any thirty (30) day period. City may accumulate the unused quantity in any one (1) year and apply it to the next year, but no amount over 1200 cubic yards shall be carried into the succeeding year. The maximum amount to be drawn by City in any one {1) year shall not exceed 1400 cubic yards. 5. Supplier Contracts Tillo shall be responsible for obtaining and purchasing all materials required to blend with the sludge to make the Tillo soil conditioner product. Copies of any contracts between Tillo and a third party, for the purpose of obtaining materials to be blended with sludge to make the soil conditioner known as Tillo shall be maintained on file with City and shall inure to the benefit of City upon notice by Tillo that Tillo has cancelled or terminated the Agreement or is insolvent or has voluntarily or involuntarily ceased business. 6. Maintenance of Property Tillo shall be responsible for maintenance of the City's sludge composting site and facilities as shown on Exhibit C. The property, including landscaping, and facilities shall be kept in a neat and orderly manner at all times. If Tillo causes damage to City's property and/or facilities in conducting its operations, repairs shall be made by Tillo within thirty (30) days; and upon failure of Tillo to so repair, City may withhold any part or all of the payments due Tillo and/or otherwise charge Tillo therefor. City shall retain ingress/egress rights to the property and shall be responsible for the operation and maintenance of the centrifuge, located in the dewatering building. 7. Payment for Tillo's Services The City shall pay to Tillo the amounts shown below for Tillo's sludge removal services. The DCM/T&MS, upon approving the work performed for the preceding month, shall authorize the payments to Tillo in accordance with the following schedule: Date 1988 1989 1990 1991 1992 January $ $ 22,660.00 $ 23,339.80 $ 24,040.00 $ 24,761.20 February 22,660.00 23,339.80 24,040.00 24,761.20 March 22,660.00 23,339.80 24,040.00 24,761.20 April 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 May 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 June 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 July 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 August 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 September 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 October 17,111.11 17,624.44 18,153.18 18,697.78 19,258.71 November 17,111.11 17,624.44 18,153.18 18,697.77 19,258.71 December 17,111.12 17,624.48 18,153.16 18,697.77 19,258.72 Total $154,000.00 $226,600.00 $233,398.00 $240,400.00 $247,612.00 8. Payment to City by Tillo If Tillo sells more than thirty-two thousand (32,000) cubic yards of its soil conditioner in any one calender year during the term of this Agreement, Tillo shall pay City twenty-five percent (25%) of the gross receipts without deduction therefrom per cubic yard for every cubic yard sold in excess of said thirty-two thousand {32,000) cubic yards. Tillo Acts as Independent Contractor: Insurance Provisions: Indemnity Tillo shall at all times act as an independent contractor in performing the services herein provided, and City shall in no way be responsible or liable for any acts or omissions of Tillo while performing said services. Tillo hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Tillo's or any of subcontractor's operations under this Agreement, whether such operations be by Tillo or by any subcontractor or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Tillo or any subcontractor or subcontractors. Tillo agrees to, and shall, defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (1) The City does not, and shall not waive any rights against Tillo which they may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Tillo, of any of the insurance policies hereinafter described. (2) That the aforesaid hold-harmless agreement by Tillo shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Tillo or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Tillo shall take out and maintain during the life this Agreement the following policies of insurance: (a) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, Tillo makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." (b) Commercial General Liability Insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS {$500,000.00) for injuries including, but not limited to death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS {$1,000,000.00} combined single limit per occurrence for bodily injury, personal injury and property damage. {c) Automobile Liability {Code 1) Insurance in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS {$500,000.00) combined single limit per accident for bodily injury and property damage. (d) Contractual Liability Insurance in an amount of not less than ONE MILLION DOLLARS {$1,000,000.00), insuring City, its elective and appointive officers, boards, commissions, agents, employees, and volunteers, and Tillo against damages sustained by reason of any action or actions at law or in equity, +/or any claims or demands by reason of any breach or alleged breach of any contract, or provisions thereof, or by reason of any contractual liability, or alleged contractual liability on any contract, entered into by Tillo and/or any of its agents or employees in order to perform the work described herein. (e) It is agreed that the insurance required by Subsections b, c, and d shall be extended to include as insured the City of South San Francisco, its elective and appointive officers, boards, commissions, agents, employees and volunteers, with respect to operations performed by Tillo, as described herein. The coverage shall contain no special limitations on the scope of protection afforded to the City. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice to £ity. In addition, the following endorsement shall be made on the policy of insurance: "The following are named as insured on the above policies: The City of South San Francisco, its elective and appointive officers, boards, commissions, agents, employees and volunteers." "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. The aforementioned liability insurance policies shall expressly include coverage, in amounts stated above, for injury or death to persons or injury to property resulting from or arising out of the use of sludge produced at the treatment plant, regardless of its form, consistency or components at time of use. If Tillo shall fail or neglect to execute or keep in force such insurance at all times during the effective term of this Agreement, City may procure such insurance coverage at Tillo's expense; and, in that regard, may deduct from the amount to become due Tillo under the terms of this Agreement, any monies which City may pay by way of premiums for such insurance coverage, but if there shall be no monies due to Tillo hereunder, then Tillo, upon demand, shall reimburse City for any such expenditure. 10. Alternate Remedies Upon Tillo's Failure to Perform If Tillo fails and neglects or otherwise refuses to perform its obligations set forth in this Agreement, then City may give the notices and take the actions hereinbefore described, or give Tillo written notice to perform. If Tillo neglects, fails or refuses to so perform within Forty- eight {48} hours {i.e., two {2) working days} after receipt of said notice, City may, at its election, pursue any or all of the following remedies: (a) Remove such quantities of sludge discharged by the treatment plant as shall be required in order to permit the efficient operation of the sewage treatment plant, at Tillo's expense; (b) engage at Tillo's expense one or more persons, firms or corporations to fulfill Tillo's obligations hereunder, subject to all the applicable terms and conditions hereof; or (c) forthwith cancel this Agreement. 11. Arbitration of Disputes In the event that any dispute arises hereunder which cannot be settled by negotiation between the parties hereto, said parties agree to refer same to a board of arbitration to consist of three {3) members, who shall be elected in the usual manner, to wit: One (1) competent disinterested person shall be selected by City and one {1) such person shall be selected by Tillo. The two (2) persons so selected shall, acting together, select a third member who shall also be a competent disinterested person. Each of the members of such board of arbitration to be selected by the parties to this Agreement shall be a licensed or registered engineer specializing in the field of waste disposal. The third member need not be so qualified. Each party hereto shall pay all the fees and expenses of the arbitration selected by him, with the fees and expense of the third arbitrator being shared equally. In the event of a referral to the board of arbitration, such board shall submit its decision in writing within fifteen (15) days thereafter, with each party to this Agreement being furnished with at least three (3) copies of such written decision. 12. Non-Assignability Tillo shall not assign this Agreement without first obtaining the written consent of City, and any such attempted assignment shall be wholly void for all purposes and Tillo will remain bound. Should the City consent to an assignment, the assignees and successors of interest of Tillo shall be bound by the terms and provisions of this Agreement. 13. Notices All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. follows: Notices required to be given to City shall be addressed as City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 7 Notices required to be given to Tillo shall be addressed as fo 11 ows: IN WITNESS WHEREOF, two {2) identical counterparts of this Agreement, each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove names, on the day and year first hereinabove written. CIlIF OF SOUTH SAN FRANCISCO, a municipal corporation, ATTEST: By: City Manager City Clerk APPROVED AS TO FORM: City Attorney TILLO PRODUCTS COMPANY By: :TILLO.AGR EXHIBIT "A" TO AGREEMENT, SEWAGE TREATMENT PLANT SLUDGE REMOVAL DATED THE DAY OF ,1988 TECHNICAL APPENDIX FOR REMOVAL OF SLUDGE GENERAL CONDITIONS A. Adequate Preparation of Composting Site; Notice of Default Tillo, at its cost and expense, shall maintain adequately prepared areas on the sludge composting site for {a) receipt of discharged sludge in accordance with the Technical Appendix and Discharge Requirements, and in compliance with the Discharge Requirements, (b) incorporation of sludge into its soil conditioner product and {c) receipt and storage of material and equipment related to its operation. If Tillo fails and neglects or otherwise refuses to comply within forty-eight {eiB} hours {i.e., two {2} working days} after receipt of said notice, and upon failure of Tillo to so comply, City may have the areas, or any of them, so prepared at Tillo's cost and expense. B. Diligent Removal of Sludge Tillo shall remove the discharged sludge from the receiving areas diligently and in such a manner as to maintain the receiving areas in condition to receive continuous discharge from the sewage plant in accordance with the Technical Appendix and Discharge Requirements. If Tillo fails, neglects or otherwise refuses to so perform, City may give Tillo written notice to so perform within forty-eight {48) hours {i.e., two (2) working days) after receipt of said notice, and upon failure to so perform, City may have the discharged sludge dewatered and removed at Tillo's cost and expense. C. Compliance wi th Regulatory Requirements Tillo shall conduct operations in such a manner as to meet the requirements of local, state and federal agencies including but not limited to the Bay Area Air Quality Management District and California Regional Water Quality Control Board Order No. 7B-78, including the provisions of the Self-Monitoring Program, and further conduct said operation so as not to emit noxious odors nor constitute a health hazard or public nuisance. Tillo shall bear the penalties, costs or suit and attorney's fees related to any actions against City and Tillo by any of said agencies arising out of Tillo's operations. D. Stockpiling of Processed Sludge Tillo may stockpile processed sludge on paved areas adjacent to the compost mixing site in areas designated by the Bay Area Air Quality Management District, and in accordance with the conditions set by City, the Bay Area Air Quality Management District and California State Water Quality Control Board Order No. 78-78 of 1978, and Tillo's stockpiling operations shall not in any way or any time limit, impede or delay the discharge of sludge from the sewage treatment plant or interfere in any manner whatsoever with any other operations of said plant. E. Maintenance of Equipment Tillo shall maintain its equipment in proper working order and operational at all times, and in the event of a failure or breakdown of equipment, Tillo shall promptly haul in or have hauled in replacement equipment. City may designate the areas or sites on which Tillo may park its equipment, and equipment being used only in the operations may be parked at the sites. Tillo shall maintain site free of debris, broken parts, empty drums or any unit deemed unsightly or hazardous by City. Tillo shall not house its personnel in house trailers, recreational vehicles or any other facilities located on the premises unless the DCM/T&MS approves same for security purposes. Unauthorized equipment or vehicles may be hauled off site by City at Tillo's expense by deducting cost of removal from Tillo's monthly payment, or otherwise charging Tillo therefor. Tillo shall maintain a work crew on site and shall operate and maintain the site required by the Technical Appendix, Discharge Requirements and the Agreement entitled "Sewage Treatment Plant Sludge Removal". F. Sludge Removal If rice hulls and/or other materials proposed by Tillo for use with sludge to produce its soil conditioner are not available as necessary to carry out the sludge removal in accordance with the Technical Appendix and Discharge Requirements, Tillo shall forthwith furnish alternate suitable materials, or otherwise remove the required quantities of sludge. If Tillo fails, neglects or otherwise refuses to furnish said alternate material or so remove the sludge, City may cause removal of same at Tillo's cost and expense. G. Metering and Records City shall meter and record or employ other means to determine the amounts of sludge delivered to the compost site and the liquid return to the treatment plant from the composting areas, to keep deliveries within the provisions of the Technical Appendix and Discharge Requirements. City shall operate all valves at the treatment plant and compost facility related to the sludge pumping operation. H. Delivery of Sludge to Tillo City shall deliver sludge to the composting site at times and duration according to plant needs, sound solids management practices and the program outlined in the Technical Appendix. I. Technical Appendix and Discharge Requirements Inclusion The terms "Technical Appendix" and "Discharge Requirements" used herein include regulations, instructions or any other forms of communication designed to implement the provisions of said document. II. REGULAR OPERATING PROCEDURE A. The quantity of sludge taken from the plant shall average 65,000 gallons per day of digested sludge plus a quantity of sludge drying bed or centrifuge cake over an average four (4} weeks period. B. City will deliver sludge to Tillo on a regular Monday through Friday schedule except for holidays. On weekends and holidays there will be no sludge delivery without Tillo agreement to accept same. C. City will deliver to Tillo sludge material consisting of a mixture of centrifuge cake, sludge drying bed cake and un-dewatered or thickened digested sludge. This mixture will contain a combined minimum solids content of 5% measured by weight. D. Operations on a normal weekday will adhere to the flow diagram shown on Figure 1. E. Operations on a weekend day will follow the flow diagram shown on Figure 2. III. VARIATION TO NORMAL OPERATIONS A. If the sludge production at the plant increases significantly {10% or more}, the flow diagrams shown on Figures 1 and 2 shall be modified and the Tillo operations may be required to function on a seven day week schedule, and City may elect to negotiate with Tillo for additional payments therefor, submit same to arbitration in accordance with paragraph "12" of the agreement or elect to have the sludge removed by other methods. :TILLO.AGR FIGURE I. J SOUTH SAN FRANCISCO - SAN BRUNO SLUDGE PROCESSING OPERATIONS DIGESTER 65,000 ' GPO ) EDUCTOR CENTRIFUGE )l DRYItIG BEDS 65,000 GPD TILLO COMPOST COMPOST DRAINAGE TO WQCP FOR TREATMENT NORMAL WEEKDAY OPERATIONS (Sludge with 5% Minimum Solids) FIGURE 1 SOUTH SN(FRANCISCO - SAN BRUNO SLUDGE PROCESSING OPERATIONS DIGESTER 65,000 GPO VARI ES EDUCTOR VARIES VARIES CENTRIFUGE DRYING BEDS VARIES TILLO COMPOST COMPOST DRAINAGE TO WQCP FOR TREATMENT WEEKEND AND HOLIDAY OPERATIONS (Sludge With 5% Minimum Solids) "EXHIBIT B" SAN FRANCISCO BAY RE~ON ORDER IND. 78-?8 WASTE DISCHARGE REQUIRE.'4ENT~ FOR: CITIES OF SOUTH S~ FPANCISCO AND SAN BRUNO AND TXLLO PRODUCTS COliPANY SAN MATED COUNTY The California Regional Water Quality Control Board, San Francisco Bay Region, finds t_hat: Cji/es of South San Francisco and San Bruno and Tillo Products Company, hereinafter called %he discharger, submitted a report of waste discharge dated J~e 21, 1978. The Cities of South San Francisco and San Bruno proposes to discharge approximately 30,000 gallons per day of digested sludge fr~m their wast.water treatment facilities to new sludge drying beds to be located on land adjacent to and east of the treatment facilities. The sludge drying beds will cover about 150,000 square feet and will be lined with a Hypalon synthetic rubber sheeting (mewS)ran.) which will be covered by three feet of filter media. Filtrate will be drained to a pumping station from which it will be returned to the headworks of the wast.water treatment facilities; The dried sludge will be trucked to the Ox l-!ountain landfill disposal site in San Mateo Cotm~! or to the Tillo compost/n9 site in South San Francisco. Approximately 30,000 additional gallons per day of digested sludge generated at the South San Francisco and San Bruno wastewater treatment facilities is proposed to be processed by the Tillo Products Company at new processing facilities to be located on land adjacent to and south of the treatment facilities. The co.any mixes sludge with rice hulls and coffee grounds and sells the product as a soil conditione~. The com~osting facilities will process approximately 100 to 125 cubic yards of rice hulls and 40 to 60 cubic yards of coffee grounds, per day in addition to the digested sludge. Digested sludge will be pumped from the treatment facilities to the mixing basins. The sludge composting facilities will consist of a prefabricated steel building enclosing t~o unloading ramps; outdoor' mixing basins and composting and stockpiling areas, and a shop and an office. The site will cover about 170,000 square feet. The compositing and stockpiling areas ~'ill be paved, surrounded by a 6 inch dike to control drainage from the piles, and surrounded by an 8-foot cha/n link fence with windscreen fabric to control windblown compost. All drainage from the sludge composting facilities will be pumped to the sludge drying beds described in Paragraph 2 above and will ultimately be returned to the wastewater treatment facilities. 0 The City o£ South San Fr&ncisco, being the lead agency for North Bayside Dischaxgers, San ~ateo County, has prepared a final environ~entsl impact reF~rt for the prop0se~ North Bays£de System Unit Solids Management Program dated Hay 197S in accordance w£r.h the Ca~l£otnia Environmenta/ Quality Act (Public Resources ' Code Sec:£on 21000 et seq.) which includes this project. The project as approved by the City of South San Francisco will have the followLng adverse effect on the env£ronment: ~L[nor addit/on to the present traffic levels on the haul routes to Ox Mounta/n, attandant minor increases iJ~ present air pollutant and noise levels. be Minor geologic hazards due to construct/on on Bay f~.ll. Potentia/ for indirect water quality impacts in the Ox Mountain sitea potential attxactant to vectors; ~otential con~rLbution to odor problems at Ox Mountain. do Potential odor or vector problems associated with the sludge Co~.liance vi~h the provisions of this order rill mitigate these a~verse ef.[ects on the watex quality :e].ated environment. o A Water ~uality Control Plan flor the San rranc~-~co Bay Basin was a~opted by the Board on April 8, 1975. The Basin Plan contains water quality objectives ~or San Francisco Bay. 7. The beneficial uses of San Francisco Bay axe: Recreation Fish ndgrat/on and habita= Mabitat and resting for waterfowl and migratory birds Industrial, water supply Esthetic enjoyment t~avigation Shellfish propagation and harvesting for human conoumpt/on. The discharger and interested agencies and persons have been notified of ~he Board's intent to prescribe requirements for the proposed dis- cha_~ge and have been provided with the opportunity for a public hearing and the opportunity to subndt their written views and recommendations. 9. .'he Board, in a public meeting, heard and considered all co~uents pe_-~aining to the discharge. IT IS HEPSBY ORDE.~D, that the d/scharger in order to meet the provisions con- ~ained in Division 7 of the California Water Code and regulations adopted there,:nder, shall ccmply with the following: -2- A. Disrx)sal &nd P~ocessincJ SpecL~lc&tiord Bo Co The txeatment, disposal or processing of sludge shall not create a pollution or nuisance as defined in Set.on 13050(1) and (m) of t~e Ca.l£forni& W&ter Code. Co~post ~aterial shall not be stock piled closer than 3 feet to any peri. ret dike to avoid accidental overlapping and/or discharge from the site. Blending, manipulat/on of stockpiled material, and hauling of any materials, i.e., raw rice hulls or compost ~aterl~l, shall be conducted only at t.tmes when wind velocities ara less than 20 miles per hour, and when wind conditions viii not cause any wind blown .~aterial to be blown outside the fenced area. This provision will be ~ade ~ore stringent if the Board finds that the li~it~tion is not sufficien~*to insure that the-uaterial is confined to the fenced area. Compost material shall not be stockpiled higher than an elevation twelve feet above the stockpile base to prevent material being winc~lo~n from the site. P roh Lb it. ions The processing and/or disposal of sewage sludge shall not cause waste material to be in any posit/on where it is, or can be carried from the land ~/s~osal sites and deposited in waters of the State. The land d/$~osal sites shall have facilities adequate to divert surface r~noff from adjacent areas, and to prevent any conaitions that would cause drainage from the materials in the disposal sates into San Francisco Bay. Adequate protection is defined as protection from at least a lO0-year storm and from the highest ~_idal stage that may occur. The direct or indirect discharge of waste to waters of the S~ate is p=ohibited. Provisions Sludge shall be pu~ed to the Tillo site only during periods when Tillo or City personnel are present at the ?illo site and' aware t~ha~ deliveries are being, or are to be made to avoid accidsntal overfilling of a blending basin or overloading of drain systems. 2. The discharge shall permit the ~egional Board: fa) Entry u?on. premises in which an effluent source is located or in which any required records are ]:ept, (b) Access to copy any records required to be kept under terms and conditions of this Order, (c) (d) Inspection of monitoring equipment or records, and Sampling of any discharge. -3- Co],~ocr, ad screeninOs, s~udcjes, ond o~.c.- .~olicLs re~r~ve(I ~r~ shmZl be d~s~sed o~ ~C a ~eg4~ ~n~ o~ d~s~s~, ~nd ~n ac~d~flce '~ ~e p:ov~s~ons of D~v~:~on 7.5 of ~e CaX~/o~a ~er Code. For ~e ~v~se of ~s re~u/r~n~, a l~0al l~ifl~ o~ dis~sal ~s d~f~ned as o~e ~o~ wh~c~ wa=~ dLsc~Ar,~e r~u~rer~n~s have been prescr~ by a regional va~er ~uali~7 ~n~rol ~ard ~d ~hich is in ~ull ~lian~ ~er~i~. Tne discharger shall file wi~h t~e ~oard technical rej~rt$ on self- nonitorin0 work performed according to ~e detailed speci~icat£ons conr. ained in any Monitoring and Reporting Program as directed by ~te Executive Officer. The discharger shall conply wir_h all Sections of this Order imr.~diate)y u~on cocu~ncement of operations, In the event of any 'change in control or o~nershi~ of land or waste discharge and process facilities presently o~ned or controlled by rite d~scha.~er, the d£scharger shell notify the succeeding o~ner or ol~rator of the existence of this Order by & letter, a copy of which shall be fo~'arded ~o this Board. I, Fred Il. Dierker, Executive Officer, do hereby certify that ~he foregoing is a full, true, a.~d correct copy of an Order adopted by the California P~gional :~ater Quali=y Control Board, San Francisco Bay Region on September 19, 1978. A ctac~.~ent: S elf-.~nitorin9 Program FRED H. DIERiC~R Executive Officer -4- CALIFORNIA REGIOt~L WATL~ ~ALI?¥ c01r~ot- ~OARO SAH FRANCISCO BAY REGION A~ S~r-MON I~::)RING PROGRAM CITIES OF $Otr~ S~ FRARClSCO ~ SAN BRUNO, ARD TILLO PRODUCTS CO~P~uNY, SA/4 MRTEO COUNTY GEI~cRAL Reporting responsibilities of waste dischargers are specified in Sections 13225(a), 13267(b), 13268, 13383, and 13387(b) of ~he California Water Code and this Regional Board's Resolution No. 73-16. The principal purposes of a monitoring program by a waste discharger, also referred ~o.as self-monitoring program, are: (1) to docun~nt compliance with waste discharge requirements a-~d prohibitions established by this Regional Board, (2) to facilitate self-policing by the waste dis- charger in the prevention and abatement of pollution arising from waste d~scharqe, (3) to develop or assfs~ in the development o£ e'ffluent or ot~er limftat-lons, discharge prohibitions, na~Lonal standards of performance, pr. treatment and toxicity standards, and other standards, and (4) to prepare water a-nd wast.water qualilty inventories. MONITORING PROGRJ%q Monthly, the Cities of South San Francisco and San Bruno, and Tillo Produc~s Co,.any shall inspect t.he sludge drying beds and composting facilities and repor~ on the following: a. Evidence of leaching liquid frc~ areas of confinement and estimated size of' affected area. (Show affected area on sketch. ) Odcr: Presence or absence, characterization~ source, and distance of travel. c. Evidence of any settlement or failure of equipment critical to operation of sludge disposal and/or processing facilities. Tillo Products Company shall maintain a daily record of the .following: a. Wind direction and velocity (to be recorded every second hour). Ti=e at which personnel familiar with the composting process are at the-site. Ce A~o~ut of digested sludge received from th~ trea~-~nt facilities, and t~he time during whic_h such deliveries take place. J~,'nount of rice hulls and coffee grounds delivered to the sludge processing facilities, and ~he ti~e during which such deliveries take place. -1- Amount of processed material removed from ~e stockpiling area and where and/or to who~ it is delivered. The Cities of South San Francisco and San Bruno shalZ raintain a daily record of the follo~£ng: Amount of digested sludge delivered to the sludge drying beds, and the time during wh/ch such deliveries take place. Ce Amount of digested sludge delivere~ to Tillo Products Co. and the time during which such deliveries take place.- Amount of dried slu~g~ delivered t~ the Ox Mountain landfill disposal site and/or any other authorized disposal site. 4. Monthly, Ti[lo_Products Company sba1/ report on the following: ao Total amount of digested sludge, rice hulls and coffee grounds received and blended at the processing facilities, amount of processed-materlal delivered and estimated a~ount oE stock- piled material. A daily chart indicat/ng durinq whichhours processing activities has taken place and the,wind velocities during such activities in order to secure compliance with Disposal and Processing Specificat/on A.3. C. VIOLATIOI{ OF REQUIREMENTS In the event the discharger-is unable to comply with the conditions of the waste discharge requirements and prohibitions due to: }laintenance work, ~ower failures, or breakd~n of sludge disposal or processing equipment, or b. Accidents caused by human error or negligence, or Other causes such as acts of nature, the discharger shall notify the Regional Board office by telephone as soon as he or his agents have knowledge of the incident and confirm this notification in writing within two-weeks of the telephone notification. The ~ritten re~ort shall include pertinent information explaining reasons for Cae non-compliance and shall indicate what steps were taken to prevent the problem from recurring. I, Fred H. Dierker, Executive Officer, hereby certify that the foregoing Self- I~nitoring Program: Has been develol~d in accordance with the proc.gut, set forth in this Regional Board's Resolution No. 73-16 in order to obtain data and document compliance with waste discharge requirements established in Regional Board Order No. 78-78. -2- lifts been ordered by th~ ~xecut£ve Officer ott .~e;,t~t~ber 19, 1978, and becomes effective u~on con~aflccn~nt of written notice fro,n the Executive Offices os ~equ~.$t from the di~- c-%arges and Fe¥isions ~ill be ordered by the Executive Officer. FRED H. DIE~R Executive Officer' "EXHIBIT C" Seufa..e,~nFmm. i~ · DEWATERING Y Y