Agmt17 California River Watch CRW Settlement Agreement

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AGREEMENT 1. Actions by City In exchange for the delivery, execution and performance of this Agreement and the release by CRW as provided in this Agreement, the City shall perform the actions described below. In doing so the City reserves the right, in its sole discretion, to determine the persons who shall perform any of the described actions and the manner in which the work will be implemented, subject to review and approval by the Regional Water Quality Control Board or such other regulatory agency that may exercise jurisdiction. 1.1 City's Sewer System Management Plan: The City shall continue to follow and comply with its Sewer System Management Plan ("SSMP") which incorporates the City's Water Quality Monitoring Plan ("WQMP") and the Sewer Overflow and Backup Response Plan ("SOBRP"), as amended from time to time. 1.2 Water Quality Monitoring Program: The City shall comply with the State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General Discharge Requirements for Sanitary Sewer Systems, Section D, subsection 7(v). The City's WQMP shall, at a minimum, include: 1) protocols for water quality monitoring, including accounting for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions); 2) require analysis for ammonia and bacterial indicators to be performed by an accredited laboratory; 3) require monitoring instruments and devices used to implement the Sanitation Sewer Overflow ("SSO") Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure continued accuracy; 4) require water sampling within 48 hours of the City becoming aware of the SSO for, at a minimum, the constituents outlined in the City's WQMP, and as per the applicable Basin Plan water quality objective or Regional Board direction that may include total and fecal coliform, enterococcus and a -coli. 1.3 Sanitary Sewer Overflow Response: When a SSO occurs within its jurisdiction, the City shall take all feasible steps and necessary remedial actions to: 1) control or limit the volume of untreated or partially treated wastewater discharged; 2) terminate the discharge; 3) recover as much of the wastewater discharged as possible for proper disposal, including any washdown water; and 4) when an SSO is over 10,000 gallons or more, adequately sample to determine the nature and impact of the release. 1.4 SSO Sampling Protocols: Within six (6) months after the Effective Date of this Agreement, the City shall include the following SSO protocols in its SSMP to the extent not already included. City staff shall perform the water quality sampling and testing procedures described below whenever ten thousand (10,000) gallons or more of spilled sewage enters surface waters either directly or indirectly: REV: 05-09-17 MI Page 2 of 9 ATTY/AGR.2017.100/Settlement of CRW Anticipated Litigation