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HomeMy WebLinkAboutC31800 Revised Non-Potable Water Agreement for Desert Willow Golf ResortCITY OF PALM DESERT STAFF REPORT REQUEST: APPROVE A REVISED NON -POTABLE WATER AGREEMENT BETWEEN THE COACHELLA VALLEY WATER DISTRICT AND THE CITY OF PALM DESERT FOR DESERT WILLOW GOLF RESORT SUBMITTED BY: Martin Alvarez, Redevelopment Manager DATE: April 26, 2012 CONTENTS: 1. Non -Potable Water Agreement 2. Water Production Metering Agreement 3. California Regional Water Quality Control Board, Colorado River Basin Section, General Order No. 97-700 4. Best Management Practices Recommendation By Minute Motion: 1. Approve a Revised Non -potable Water Agreement with Coachella Valley Water District (CVWD) for water services at the Desert Willow Golf Resort; and (Contract No. C31800) 2. Authorize the Mayor to execute the Non -Potable Water Agreement. Background In 1996, the City entered into an agreement with the CVWD to utilize non -potable water for irrigation of the Desert Willow golf courses. The original Non -potable Water Use Agreement provided for the construction of an effluent delivery and storage system at Desert Willow Golf Resort and obligated the City utilize 50% non -potable water for irrigation of both golf courses. The term of the agreement was for a period of fifteen years. A new five year Non -potable Water Use Agreement between the City and the CVWD was approved in 2010. The current agreement requires the City to utilize 80% non - potable water for irrigation of both Desert Willow golf courses. Desert Willow currently exceeds this requirement by utilizing approximately 90% non -potable water for irrigation Staff Report CVWD Non -potable Water Agreement April 26, 2012 Page 2 of 3 of the golf courses. Although the existing agreement is in place, staff has been working with CVWD to amend the agreement to give the City an additional option in the method used to calculate City's per acre foot cost for non -potable water, which would be more cost effective. The current agreement utilizes the following formula to calculate the cost of Non -potable Water Charge (NPWC) per acre foot. NPWC/Acre Foot = (Replenishment Assessment Charge + Pumping Cost) x .85 • The Replenishment Assessment Charge (RAC) = A fixed District -wide water replenishment fee used to recharge the aquifer. Pumping Cost = The estimated energy cost to pump one acre foot of well water. The energy cost is calculated by multiplying the estimated kilowatt hours (kWh) to pump one acre foot of well water (calculated annually through pump efficiency testing) multiplied by the Southern California Edison energy rate (.28 cents/kWh). • The .85 multiplier indicates that using NPW yields a 15% discount versus using well water. Although Desert Willow is receiving a discounted rate for non -potable water, the formula used to establish the NPWC is affected by the efficiency of the well pumps. Based on our current pump efficiency tests, the NPWC is $168/acre foot. Revisions to Agreement In order to mitigate the high water charges based on pump efficiencies, the revised five year agreement establishes flexibility in calculating our Non -potable Water Charges. The new agreement gives the City the option to utilize the lower of two energy rates to establish the Non -potable Water Charges. The two options are summarized below: 1. The City may utilize an annual pump efficiency test to establish the energy cost to pump one acre foot of well water (kwh x .28 cents); or 2. The City may utilize the established Southern California Edison (SCE) bundled service average rate for agriculture and pumping customers (kwh x .12 cents). The SCE bundled service average rate for agriculture and pumping customers is adjusted annually as an average per kilowatt rate for agriculture customers. The current SCE bundled agriculture rate is .12 cents per kwh, compared to .28 cents per kwh we currently pay based on our pump efficiency tests. By utilizing the SCE agriculture rate, the City's non -potable water charge may drop significantly. Our non -potable water charge is estimated to drop from $168/acre foot to approximately $140/acre foot. Desert Willow uses approximately 2,000 acre feet of non -potable water annually on both golf courses. If the agreement is approved, Desert Willow Golf Resort's non -potable water costs will be reduced approximately $56,000 annually. GArda\Martin Alvarez\2012\SR\2012 CVWDNon-potable Agr..doc Staff Report CVWD Non -potable Water Agreement April 26, 2012 Page 3 of 3 Staff is looking into future capital improvements to replace the well pumps and improve their energy efficiency. Until the pumps are replaced and energy efficiency is improved, the SCE bundled agriculture rate will assist the City with managing its non -potable water costs. The CVWD and the City Attorney has reviewed and approved the attached Agreement. Staff recommends approval of the Agreement, and authorization of the Mayor to execute the Agreement. Fiscal Analysis With approval of this agreement, annual non -potable water costs at Desert Willow Golf Resort will be reduced by approximately $56,000 annually. With the recent filtration system upgrades, the use of 80 percent non -potable water for the golf courses can be achieved. Submitted By: CITY COUNCIL AL0 ON APPROVED ' DENIED RECEIVED OTHER Martin Alvarez, Redevelopment Manager MEET G DA AYES: Department Head: NOES: ABSENT: W4' �'ZABSTAIN: VERIFIED BY: sti McCarthy, ACM f ed velopmer0riginal on File with Ci Jerk's Office Paul S. Gibson, Finance Director Wohlmuth, City Manager GVda\Martin Alvarez\2012\SR\2012 CVWDNon-potable Agr..doc Contract No. C31800 No Recording fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURNED TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 (Space above this line for Recorder's Use) File: 0655. 0710.1017 NONPOTABLE WATER AGREEMENT THIS AGREEMENT is made this day of , 2012, between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (hereinafter denoted "District") and City of Palm Desert, a public agency of the State of California (hereinafter denoted "Customer") located at 73510 Fred Waring Drive, Palm Desert, California 92260, for Nonpotable water irrigation at Desert Willow Golf Resort Golf Courses located within a portion of Section 4, Township 5 South, Range 6 East, San Bernardino Meridian. RECITALS I. The Coachella Valley's aquifer is in a state of overdraft. II. It is in the best interest of the District and Customer to protect the aquifer in order to ensure the long term economic health of the region. One way to protect the aquifer is to promote the use of Nonpotable water sources such as recycled water and/or Canal water in place of groundwater. III. District has embarked upon a long-term water management plan that encourages the use of alternative Nonpotable water sources of water, thus protecting valuable groundwater resources for domestic consumption. IV. District owns and operates three Water Reclamation Plants ("Plant"), capable of producing and providing recycled water to customers. In addition, the District operates the Coachella Contract No. C31800 Branch of the All American Canal and the Mid -Valley Pipeline, and associated distribution pipelines which serve Canal water. Recycled water and imported water both may be beneficially used for golf course and/or landscape irrigation in place of groundwater. V. California Water Code Section 32600-32603 requires the use of Nonpotable water source(s), including recycled water, for irrigation of cemeteries, parks, highway landscaped areas, new industrial facilities, and golf courses if a suitable Nonpotable water source is available and it is of suitable quality, available at a reasonable cost, and meets all conditions of these sections and other applicable laws. VI. Customer desires to use such Nonpotable water provided by the District for golf course and landscape irrigation. Irrigation water shall be from the following sources in the indicated order of priority and up to the available amounts of each: 1) recycled water 2) Canal water; and 3) groundwater, to the extent available and subject to the terms of this Agreement. VII. The Parties understand and agree that Nonpotable water is an interruptible water supply. VIII. Customer's project lies outside the District's existing irrigation service area, Irrigation District No. l; and canal water delivery may be available through the Mid -Valley Pipeline Project for golf course and landscape irrigation at the Customer's project as is recycled water. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. DEFINITIONS A. Groundwater — Water produced through wells from any aquifer underlying the Coachella Valley. B. Nonpotable water — Either Recycled water produced by District's water reclamation plants or Canal water or a combination of both. C. Nonpotable water Charge ("NPWC") — The District's charge per acre foot for Nonpotable water delivered determined by the formula set forth in item VIII.B. herein. D. Point of Connection — The point of delivery of Nonpotable water from District's facilities to Customer's facilities. E. Pumping Costs ("PC") — The pumping cost is the cost of electrical energy required to pump an acre foot of water through a well. The PC is based on kilowatt hours required to pump one acre foot of water multiplied by the cost per kilowatt hour that Southern California Edison publishes annually as their bundled service average rate level for agriculture and pumping groups. Alternatively, and at the discretion of the Customer, the cost per kilowatt hour from a pump analysis conducted on the Customer's golf course irrigation well(s) by Southern California Edison or comparable District approved pump check company will be used to determine the pumping cost. For purposes of establishing the PC, in each alternating every other year the Customer will provide pump test data, including a cost analysis completed by Southern California Edison or comparable District approved pump check company for the wells that are Customer's alternate water supply for irrigation. If Customer has more than one well to use as the 2 Contract No. C31800 groundwater supply source, the pumping cost will be prorated based on well capacity and the kilowatt hours required to pump one acre foot of water multiplied by the cost per kilowatt hour as determined by Southern California Edison or comparable District approved pump check company. In the alternate year that the pump test data is not provided to the District, a 12 month billing history account overview including the months of July 1 st to June 30th will be provided by the Customer to the District to provide the average cost per kilowatt hour or if preferred, Southern California Edison's bundled service average rate level for agriculture and pumping groups will be incorporated; and the previous year's pump cost analysis' kilowatt hours per acre foot. F. Replenishment Assessment Charge ("RAC") — The District has a RAC for groundwater production in each of three separate areas of benefit within the District's service area, an "area of benefit" being that geographic area benefited by recharge of the groundwater, primarily with imported water. The RAC is a fee charged to producers pumping more than twenty five (25) acre feet annually to raise funds to purchase replacement water supplies to recharge the aquifer or to fund other projects that enhance groundwater supplies. The RAC is adjusted annually by the District by Ordinance adopted by the District's Board. The annual adjustment of the RAC will be reflected in the NPWC, as described in item VIII.D. below. II. FACILITIES A. The District owns, operates, maintains and repairs all pipelines, floats, valves, levels, and equipment located at the Plant, the Mid -Valley Pumping Station and to the Point of Connection (POC), including the flow meter. B. The District and Customer hereby agree that the Point of Connection for this Agreement is described as follows: 1. District has constructed, owns, operates, maintains and repairs manifold, valve, meter and all electrical appurtenances in the vault and telemetry including radio, RTU, PLC, bladder level and pressure sensors, flow meter and remote read display. Point of connection is at the meter. 2. Customer has constructed, owns, operates, maintains and repairs all pipelines, valves, and impoundment located from the POC and throughout the irrigation system. C. Customer has constructed, owns, operates, maintains and repairs all pipelines, telemetry for lake level control, and pumping equipment located from the POC and throughout the irrigation system. Customer grants to District, a perpetual non-exclusive easement to operate, inspect, maintain, repair, improve the equipment mentioned above for the points of connection and appurtenances thereto in, on, over, under, along, through and across the customer property with reasonable right of access to and from said easement for the purposes of exercising the rights granted herein. Contract No. C31800 III. SOURCES OF IRRIGATION WATER A. Customer understands that District's Nonpotable water supply is subject to interruption and that at times Customer may be required to meet its irrigation demands with groundwater, either solely or in conjunction with the District's available supply of Nonpotable water. For that reason, Customer shall have a backup supply available (groundwater) equal to One Hundred Percent (100%) of its peak irrigation water demands in "ready" status, and Customer's irrigation system shall be capable of operating in tandem with the District's facilities in order to augment District deliveries as and when required. Customer hereby waives and releases District from any claim, loss, damage or action that it may have against the District for failure to deliver irrigation water, including, but not limited to, damages, loss of business, loss of profit or inconvenience. B. Nonpotable water shall be the Customer's primary source of irrigation water and shall be used to the maximum extent practical, subject, however, to the requirement that in the irrigation of golf courses and related landscaping, at least Eighty Percent (80%) of said irrigation shall be with Nonpotable water. See item VIII.D. below regarding a surcharge for noncompliance with this requirement. The requirement to use Eighty percent (80%) Nonpotable water recognizes that the Customer may use up to Twenty Percent (20%) potable and/or groundwater for purposes determined necessary by the Customer. If the Customer meets the Eighty Percent (80%) Nonpotable requirement, the District considers this to have met the maximum extent practical condition. C. Groundwater shall be the secondary source of irrigation water and shall be used only to the extent required to meet Customer's irrigation water demands that are not met by District's Nonpotable water and subject to item III. B. above. D. In the event of a shortage of available Canal water, except as otherwise required by law, regulation or court order, the following irrigation water uses shall have priority to use irrigation water over Customer: Agricultural uses in existence as of the date of this Agreement. 2. Agricultural uses converted to non-agricultural uses prior to the date of this Agreement; and 3. Non-agricultural uses in existence prior to the date of the Agreement signed when the Customer began using Canal water. The date of the original irrigation service agreement is as follows: September 12, 1996. Only during such periods of shortage, irrigation water for Customer shall be supplied entirely by Recycled water and/or non -District owned wells. E. Concurrent with the execution of this Agreement, Customer shall execute a Well Metering Agreement which is attached as Exhibit A. 11 Contract No. C31800 IV. WATER QUALITY, REGULATORY APPROVALS, VIOLATIONS A. District's Nonpotable water Nonpotable water source(s) shall be of a suitable quality for the irrigation of landscaping, and the recycled water component shall meet the requirements of Section 60301.230 of Title 22 of the California Code of Regulations, including any amendments thereof, subject to availability as enumerated in item III above and V below. B. Regulatory Compliance 1. Canal water may not be used for potable purposes. 2. The Customer acknowledges that Project must be irrigated by a method that does not permit unreasonable use or waste of water. Only sprinkler, drip irrigation, or lake level maintenance as presently installed on the project will be permitted without District's written approval, which approval shall not be unreasonable withheld. 3. In connection with the use of Nonpotable water by Customer, Customer shall obtain all necessary authorizations or approvals from regulatory agencies having jurisdiction and shall at all times comply with the provisions of its waste discharge permit or a general permit issued by the California Regional Water Quality Control Board, Colorado River Basin Section, General Order No. 97-700 (Exhibit "B") or subsequent waste discharge permit or a general permit issued by the California Regional Water Quality Control Board, Colorado River Basin Section. In reference to this subparagraph, District agrees to cooperate and make a good faith effort to assist Customer in obtaining all necessary authorizations or approvals from regulatory agencies having jurisdiction over the use of such Nonpotable water and to conform to all such regulatory requirements. 4. The District will provide Nonpotable irrigation water service to the Customer from the Canal in accordance with the District's Rules and Regulations Governing Water Service. This Agreement is subject to U.S. Bureau of Reclamation rules and regulations. 5. Customer shall at its own cost and expense, apply for and obtain all necessary consents, easements, approvals, permits, authority, licenses or entitlements ("Permits") from all appropriate governmental authorities including, but not limited to, the Bureau of Reclamation, required to allow District to deliver Irrigation Water to the said project, including but not limited to, the construction of the Delivery system. The District will assist Customer in this process if requested. District shall have no obligation to provide irrigation water service to the project until District receives the easements and necessary authorizations issued by said governmental authorities. Customer shall comply with and conform to all laws and regulations, including, but not limited to, any and all requirements and orders of all federal, state and local boards or authorities, present and future, in any way relating to the use of irrigation water, and Customer shall hold the district free and harmless from any loss, damage or liability arising therefrom or in connection therewith. 5 Contract No. C31800 C. Reporting Violations Customer agrees to notify the District and the California Regional Water Quality Control Board, Colorado River Basin Section, of any non-compliance with its California Regional Water Quality Control Board, Colorado River Basin Section, General Order No. 97-700 or subsequent order within 24 hours of becoming aware of the failure. Customer also agrees to notify District prior to making any modifications that would result in a material change in the quality or quantity of Nonpotable water used, or any material change in the location of the use. D. Golf Course Irrigation Water Audit. The Customer shall participate with District in a water audit as described below. The audit will include a detailed water plan indicating annual and peak water requirements. The Project may be water audited once every five (5) years starting with the first year. As a condition of service, the reasonable recommendations of District arising from the water audit must be implemented by Customer unless the District's General Manager -Chief Engineer finds it would be a hardship. 2. All costs incurred by District in connection with the audit, including labor costs, shall be at the Customer's expense. District shall invoice the Customer for the costs incurred herein. The Customer shall make payment to District within thirty (30) days of receipt of the billing from District. 3. The Customer hereby agrees to undertake the recommendations set forth in the water audit within thirty (30) days of receipt of the audit and shall diligently and continuously complete the recommendations unless the Customer, within 30 days of the receipt thereof requests, in writing, to be relieved from the obligation to undertake one or more of the recommendations set forth in the water audit. Within a reasonable time after receipt of the notice from the Customer, the General Manager -Chief Engineer of District will notify the Customer, in writing, if the Customer shall be relieved from the obligations to undertake the recommendations. In the event District's General Manager -Chief Engineer determines that one or more of the recommendations must be undertaken, the Customer shall begin within 30 days of receipt of District notice and complete the recommendations within the time frame set in the notice from District's General Manager -Chief Engineer. E. Groundwater Protection The Customer shall provide groundwater protection from nitrates and pesticides leaching into the groundwater by employing the use of Best Management Practices (BMP) as established by the University of California Riverside Turf Grass Research Facility, which are attached hereto on Exhibit C and by this reference incorporated herein. District reserves the right to substitute or modify the attached Exhibit C within sixty (60) days prior written notice to the Customer. An evaluation of said Project's BMP may occur during the water audit. All costs of the evaluation shall be at the expense of the Customer. 3 Contract No. C31800 V. SCHEDULING A. District Interruptions The District shall use its best effort to complete delivery of the Nonpotable water source(s) as soon as possible, subject, however, to Nonpotable water availability. The District may cause interruptions of Nonpotable water service due to scheduled maintenance, equipment malfunctions, and natural disasters creating an emergency condition. District shall give Customer 48 hours' notice of any scheduled maintenance which would interfere or interrupt Nonpotable water delivery to Customer. District shall make every reasonable attempt to minimize any interruption relating to maintenance and shall, at all times, make a good -faith effort to facilitate the delivery of Nonpotable water to Customer. B. Customer Interruptions If Customer plans to interrupt delivery of Nonpotable water from the District for a period longer than 48 hours, Customer and the District shall agree on a schedule for restoration of deliveries, and Customer shall provide the District with notice in writing for each additional day that Nonpotable water delivery will be interrupted. Customer shall further make every reasonable effort to minimize any interruption relating to maintenance and shall, at all times, make a good faith effort to facilitate the acceptance of Nonpotable water from the District. VI. DELIVERY PRESSURE The Nonpotable water delivery by the District shall be delivered within the range of zero to 150 pounds per square inch (psi). The District will not be responsible or obligated to provide the pressurization of the irrigation system beyond the point of connection. VII. MANAGEMENT, INDEMNIFICATIONS A. Customer agrees to accept full and exclusive responsibility for the management and use of all Nonpotable water delivered by the District from and after the point of connection and except for the negligence of District, defend and hold the District free and harmless from any responsibility for any type of damage to the real or personal property of Customer and the claims of any third party which may result directly or indirectly from management and use of such Nonpotable water by Customer from said point of connection B. District agrees to accept full and exclusive responsibility for the management and delivery of the Nonpotable water served by the District to and including the point of connection and except for claims and damage related to negligence on the part of Customer, defend and hold Customer harmless from claims related to said management and delivery of the Nonpotable water. VIII. WATER CHARGES A. Invoices VA Contract No. C31800 The District will invoice Customer monthly for the use of Nonpotable water. The amount of the invoice will be the product of the NPWC multiplied by the volume of Nonpotable water delivered to the point of connection during the billing period plus any conservation charge (see item VIII.E. below). Nonpotable water will be measured in or converted to acre feet for invoicing. Payment shall be due within thirty (30) days of presentation of the bill. If not paid, the District shall provide a written Notice of Default to Customer before taking further action. Payment not paid within thirty (30) days of presentation shall be subject to interest at the maximum legal rate. B. Charges 1. The NPWC is set at approximately 85% of the reasonable estimated cost of the pumping groundwater. The NPWC is derived as follows; Where: NPWC = .85 (RAC + PC) RAC = Replenishment Assessment Charge, see Definitions. item I.F. above PC = Pumping Cost, see Definitions. item I.E. above C. PC Adjustments The PC will be adjusted annually to account for changes in electrical costs and pumping plant efficiencies. See Definitions, item I.E. above. Customer shall provide new pump test data including a pumping cost analysis that shows the overall plant efficiency and kilowatt hour per acre foot for the wells used by Customer as its alternate water supply for golf course irrigation every other year prior to May 31 so that the updated NPWC can be calculated. In the alternate year that the pump cost analysis is not provided to the District, the Customer shall provide an account overview billing annual history report to the District or, if preferred, Southern California Edison's bundled service average rate level for agriculture and pumping groups and the Customer's previous year's kilowatt hour per acre foot from the pump cost analysis shall be incorporated for the pumping cost calculation. If Customer fails to provide an updated pumping cost analysis or billing history report, the PC will be increased 15% over the prior year's cost. D. NPWC Adjustments The NPWC will be subject to adjustment on July 1 of each year. The District will notify Customer by letter dated on or before June 15 of each year of the NPWC to be used for the twelve-month period beginning on July 1. The updated NPWC will use the updated RAC plus the updated PC as described in items I.F, E. and VIII.C. above. E. Conservation Charge There will be a Conservation Charge invoiced to Customer for any year wherein the gross annual water use of Nonpotable water for golf course and landscape irrigation does not equal or exceed Eighty percent (80%) of the total water for golf course and landscape irrigation. This Conservation Charge revenue will be used by the District to fund conservation programs designed to protect the aquifer, in keeping with the intent of this Agreement. The District will determine the total number of acre feet of Nonpotable Contract No. C31800 water used below Eighty percent (80%) by Customer in the fiscal year. The fiscal year shall be from July 1 to June 30. Monthly the District will provide an update on Customer's performance in meeting this Eighty percent (80%) requirement. The Conservation Charge will be calculated by multiplying the number of acre feet below Eighty percent (80%) by one-half of the NPWC. An invoice will be sent to Customer within sixty (60) days of the end of any fiscal year where Customer used less than Eighty percent (80%) Nonpotable water. If the District interrupts service of Nonpotable water, as described in item III. D. above, for example, such interruption will be calculated by the District by using a daily average for the month of the interruption for the day that the interruption occurred and will be used in the calculation to determine whether or not the requirement to use Eighty percent (80%) Nonpotable water has been met. IX. MISCELLANEOUS A. In the event the Customer transfers or leases said Project, the Customer hereby agrees to deliver a copy of this Agreement to the transferees or lessees on or before the transfer of said Project. Concurrently with the delivery of the Agreement to the transferees or lessees, the Customer shall obtain a written acknowledgment and acceptance of the terms of this Agreement executed by the transferees or lessees indicating that (a) the transferees or lessees have received a copy of the agreement, and (b) the transferees or lessees have or shall have, prior to the date said project is transferred or leased to the transferees or lessees, acknowledge the terms and provisions contained in the agreement. The Customer shall deliver the executed acknowledgment to District within five (5) business days of receipt. B. The District shall not be liable for the replacement of surface improvements that the District may be required to remove in the future to gain access to the delivery system: the District shall use reasonable care in the removal of such improvements. Customer waives the right of claim, loss, damage or action against the District and hereby releases the District from any matter arising out of or resulting from removal or destruction of surface improvements or any action of the District exercising its rights hereunder and Customer hereby waives all claims in respect thereof against the District. Customer hereby agrees to indemnify and hold harmless the District against any damage or expense that the District may sustain, incur, become liable for arising out of or in connection with the rights provided for hereunder. X. TERM The Term of this Agreement shall be for a period of five (5) years from its execution by the parties. The parties may extend or renew the Term on existing or modified terms and conditions as they can agree upon regarding any further renewal of the Agreement. At the end of any Term provided herein or any extension thereof, District shall not sell the Nonpotable water provided to Customer in the Agreement to any other customer without first offering to sell the Nonpotable water to Customer (the "offer") on the same terms and conditions proposed for the sale of the Nonpotable water to said third party. Customer shall have thirty (30) days from its receipt of the offer in which to accept or reject the offer. The offer shall expire at 5:00 p.m. on the last day of the offer period unless before that time, Customer has given written notice of acceptance of the 9 Contract No. C31800 offer. The offer shall contain the name of the proposed purchaser of the Nonpotable water source(s), the proposed sales price, the terms of payment and other material terms and condition in which the sale of the Nonpotable water source(s) is to be consummated. If Customer gives timely notice of the acceptance of the offer, then District shall be obligated to sell, and Customer shall be obligated to purchase, the Nonpotable water at the price and on the terms and conditions of the offer. If Customer does not give timely notice of acceptance of the offer, District may sell the Nonpotable water to any third person on the same term and conditions set forth in the offer. XI. DEFAULT Failure on the part of District or Customer to meet any condition or requirement of this Agreement, other than as a result of conditions beyond the control of District and/or Customer, shall constitute a default. The nondefaulting party shall provide the other party with written notice of default before taking further action, and the other party shall have thirty (30) days from the date of the notice of default to cure same. In the absence of cure, the nondefaulting party may pursue all legal remedies available to it, including the termination of this Agreement or suit to collect damages or outstanding charges due. XIL TERMINATION A. District shall have the right to terminate this Agreement upon giving Customer one hundred twenty (120) days written notice of termination and shall have the right to amend same upon sixty (60) days written notice of the proposed amendment in which case Customer shall have the right to terminate the Agreement for a period of thirty (30) days after District's notice of amendment effective upon thirty (30) days notice thereof to the District. In the event of termination, Customer shall be responsible for payment for deliveries of Nonpotable water to the date of termination. B. In addition, the District may terminate delivery of Nonpotable water in the event of mandatory changes in the requirements of Nonpotable water from regulatory agencies (other than the District) having jurisdiction over Nonpotable water and/or changes in its water quality which would cause the District to expend funds for capital expenditures to such an extent that the delivery of Nonpotable water to Customer would no longer be economically feasible. Customer hereby waives any claim that it may have against and will defend and indemnify District against any claim by others for damage or economic loss resulting from the termination of Nonpotable water service for any reason. District shall give Customer a minimum of one hundred twenty (120) days notice of its intent to permanently terminate Nonpotable water service pursuant to this subparagraph. C. In the event that any of the provisions of this Agreement shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement. XIII. CAPITAL COST AMORTIZATION This section does not apply. IVX. GENERAL PROVISIONS 11t Contract No. C31800 A. Further Assurances. Each party shall execute, acknowledge and deliver such other documents and instruments as are reasonably necessary to carry out the intent and purposes of this Agreement. B. Counterparts. This Agreement may be executed in two or more counterparts; each counterpart shall be deemed an original instrument as against the party who signed it. C. Binding on Successors. This Agreement is binding and shall inure to the benefit of the parties hereto and to their respective successors, assigns and representatives. D. Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the prevailing party shall recover reasonable attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. E. No Assignment. The parties to this Agreement hereby warrant and represent that the parties have not heretofore assigned or transferred, or purported to have assigned or transferred to any person whomsoever, any matter, including claims, released or covered by this Agreement or any part or portion thereof. Further, the parties hereto agree to indemnify and holds harmless the parties hereto from any claims resulting from any person or entity asserting any such claim pursuant to any such assignment or transfer by the indemnifying party. F. Governing Law. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of California. In the event that this Agreement must be enforced by a court of law, the parties hereby agree that the said action shall be tried by the Superior Court of Riverside County of the State of California, Desert Judicial District. G.Power to Execute. The parties represent and warrant that they have carefully read this Agreement and had the contents and legal effect hereof fully explained by legal counsel of their choosing; that the parties have the sole and exclusive power and authority to execute this Agreement and do so of their own free act. H. Entire Agreement. This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties, and supersedes and replaces all prior negotiations, proposed agreement and agreements, whether written or oral, expressed or implied, of any type whatsoever. Each of the parties hereto acknowledges that neither any other party hereto nor any agent or attorney or any other party whomsoever has made any promise, representation or warranty whatever, expressed or implied, not contained herein concerning the subject matter hereof to induce it to execute this Agreement, and acknowledges and warrants that this Agreement is not being executed by such party in reliance on any promise, representation or warranty not contained herein. II Contract No. C31800 PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates which appear below. CUSTOMER Dated: Title: COACHELLA VALLEY WATER DISTRICT Dated: Title: Attachments: Exhibit A: Well Production Metering Agreement Exhibit B: California Regional Water Quality Control Board, Colorado River Basin Section, General Order No. 97-700 Exhibit C: Best Management Practices (BMP) as established by the University of California Riverside Turf Grass Research Facility 12 Contract No. C31800 No Recording Fees Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 (Space above this line is for Recorder's Use) WATER PRODUCTION METERING AGREEMENT THIS WATER PRODUCTION METERING AGREEMENT is made this day of 20, by and between the COACHELLA VALLEY WATER DISTRICT (District), a public agency, and ("Producer"). Recitals A. District is a California public agency, organized and existing under Section 30000, et seq., of the California Water Code. B. Producer is the owner of, or has an interest in, certain real property within the District's boundaries; said property is described on the attached Exhibit "A" and is referred to hereafter as the ("Property"). C. Certain groundwater basins within the District, including the basin underlying the Property, are in a state of overdraft. The District has adopted a Water Management Plan for the purpose of, among other things, reducing or eliminating overdraft through several programs, including replenishing or replacing the groundwater pumped through groundwater recharge with imported water using funds raised through an assessment on the production of groundwater. D. It is in the interests of each of the Parties to this Agreement that overdraft of the basin underlying the property be eliminated. E. The District is authorized by California Water Code sections 31630 — 31639 to place water -measurement devices on wells or other water producing facilities and to levy and collect water replenishment assessments on water production. Contract No. C31800 F. Producer is extracting groundwater from a well, wells or other water production facilities ("Well(s)") on the Property; the identity of each such Well on the Property is shown on the attached Exhibit "B." G. The Parties desire to provide for the metering of each Well that is not already metered, to measure water production by one of the following methods: (1) Installation of a water -measurement device ("Water Meter") in the Well. The Water Meter(s) shall be funded by the Producer and installed in accordance with the District's Standard Specifications for the Construction of Well Head Meter Assemblies. The District will assume the ownership, maintenance, replacement and reading of the Water Meter(s) after installation. (2) Through the use of an existing dedicated electrical power supply consumption metering device ("Power Meter") for the Well. A Pumping System Efficiency Test funded by the Producer shall be completed prior to implementing this method and annually thereafter by a qualified technician approved by the District to ensure accurate conversion of electric power consumption to water production. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Use of Existing Water Meters by the District. An existing Water Meter that is affixed to a Well located on the Property and capable of measuring and registering the accumulated amount of water produced may be used to report water production. The District will evaluate the Water Meter's ability to measure water production and suitable location and will perform a Pumping System Efficiency Test funded by the Producer to confirm accurate measurement of the water production. If the existing Water Meter is unable to accurately measure and register the accumulated amount of water produced by the Well, the Producer shall have the existing Water Meter repaired and tested to confirm accurate measurement of the water production or install a new Water Meter as described in Recitals, Paragraph G (1) above. 2. Installation of Water Meter for New Facilities. The Producer shall install a Water Meter in accordance with the District's Standard Specifications for the Construction of Well Head Meter Assemblies on any new or replacement Well that is constructed on the Property by Producer. Producer shall notify District when Producer has completed a new or replacement Well so that the District can evaluate the Water Meter's ability to measure water production before the Well is placed in service. -2- Contract No. C31800 3. Other Properties or After Acquisition Properties. Producer shall notify the District of other properties in which the producer has an interest and contains a producing Well within the District's boundaries and shall notify the District after the acquisition of property containing a producing Well within the District's boundaries after the date of this agreement. 4. Ingress and Egress. Producer hereby grants to the District an irrevocable license for ingress and egress across the property for the purpose of installing, maintaining, repairing, replacing, and/or reading each Water Meter or Power Meter on the Property and shall make provision for access by District representatives through locked gates or facilities. 5. Site Conditions and Safety. Producer shall maintain each Well in a safe and accessible condition, as required under local, state and federal regulations. This shall include but not be limited to provision of ventilation in enclosed spaces, providing safe access to vaults, and protecting personnel from unsafe conditions, which could be caused by electrical and mechanical equipment. In the event that Producer fails to maintain each Well in a safe and accessible condition, Producer hereby agrees that District may take such safety measures as may be necessary at Producer's expense, including but not limited to performing repairs to equipment or estimating production as provided in Paragraph 6, below. 6. Modifications. A. Addition of Newly Drilled or Rehabilitated Wells. Producer shall have the right to construct and develop additional wells not mentioned in this agreement, but shall first notify the District so a revised agreement can be executed. Any newly drilled wells will be permitted by Riverside County Department of Environmental Health. Producer shall also have the right to rehabilitate existing inactive wells not included in this agreement, but shall first notify the District so a revised agreement can be executed. Groundwater produced from newly drilled or rehabilitated wells not included in this agreement are subject to reporting provisions provided in Sections 31630-31639 of the California Water Code. B. Changes to Well Pump or Piping. Producer shall have the right to change or modify any pump or piping connected to a Well on the Property but shall first notify the District, if the changes or modifications will require that the Water -3- Contract No. C31800 Meter be moved or its connections modified. Any modifications shall be in accordance with the District's Standard Specifications for the Construction of Well Head Meter Assemblies. The District will evaluate the Water Meter's ability to measure water production and suitable location and may perform a Pumping System Efficiency Test funded by the Producer to confirm accurate measurement of the water production after the modifications are completed. C. No By -Pass. Producer shall not by-pass the Water Meter or Power Meter or take any action which would affect the accuracy of the Water Meter or Power Meter readings. The penalty for violation of this provision shall be in accordance with Section 31638.5 of the California Water Code. 7. Reading Water Meters and Power Meters. The District shall read each Water Meter or Power Meter on a monthly basis and shall mail to Producer a statement each month showing the amount of water produced during the preceding month and the amount of the replenishment assessment due. Producer shall pay the amount then due within thirty (30) days of the date of mailing of the statement. Delinquent amounts shall bear interest at the rate of one percent (1 %) per month. 8. Estimating Production A. Alternative Methods. In the event water production for a Well cannot be determined by one of the two methods given in Recital G, the production shall be estimated using one or more of the following alternative methods: (1) Consumptive use/Evapotranspiration method; (2) Historic water production data related to that particular Well; and (3) Any other standard method. B. Notice of Estimate, Protest and Hearing. If the District estimates production, it shall clearly state in the monthly statement that the assessment is based on estimated production rather than on actual Water Meter readings or Power Meter readings and shall describe the method used to estimate the production. The estimate shall be binding on Producer unless Producer files a written protest within fifteen (15) days of the date of mailing of the statement. The protest shall state the grounds for the protest and shall include any supporting data and documentation. The District shall hold a hearing to consider a protest within twenty (20) days of receipt of the protest, provided that Producer is given at least ten (10) days' notice of the time and place of hearing. At the hearing, the Em Contract No. C31800 District's Hearing Officer, appointed by the General Manager, shall consider all information submitted by the Producer and by District staff and shall make a written determination of (1) the production that is to be used to calculate the assessment, and (2) the amount of the assessment. The determination shall be made within ten (10) days after the close of the hearing, and notice thereof shall be promptly mailed to Producer. Producer shall pay the assessment within twenty (20) days of the date of mailing of said determination. 9. Pumping System Efficiency Tests. The District at its expense may perform periodically a Pumping System Efficiency Test to confirm the Producer's ability to accurately measure the water production by each Well. 10. Well Records. In the event that the District finds it necessary to obtain records, data, reports and other data relating to a Well on the Property, Producer shall provide the requested information to District within twenty (20) days after the date of a written request for same. All information and documentation received by the District, pursuant to this paragraph, shall be treated as confidential by the District, to the extent permitted by law. 11. Power Records. Producer hereby authorizes District obtain information relating to energy/electrical power consumption for each Well on the Property from the agency or company providing the electricity or energy. 12. Agreement as Covenant Running With the Land. This Agreement and the covenants contained herein shall be binding upon and run with the Property and shall pass to and be binding upon Producer's successors in interest to the Property. Each contract, lease, deed or other instrument transferring the Property or an interest therein, shall conclusively be held to have been given, executed, delivered and accepted subject to this Agreement. 13. Notice of Sale or Transfer of Property. Producer shall provide the District with written notice within ten (10) days after Producer has agreed to sell, give, donate, lease, or otherwise transfer the property to a third party. The written notice shall include the following: A. Name and address of the proposed transferee; B. Name and address of the escrow company handling the transaction, if any; C. Date of close of escrow or effective date of transfer; and D. Name and address of title company issuing any title policy. -5- Contract No. C31800 Producer authorizes the District to examine and copy any records concerning the sale, lease or transfer of the Property. 14. Further Acts to Carry Out Agreement. Each Party hereto agrees to perform any further act required to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Agreement. 15. Notices. All notices, requests and demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date personally served or within five (5) days after the date of mailing, if mailed, by first-class mail, registered or certified, and properly addressed to the address set forth below, or to any replacement address provided by that Party: PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES PRODUCER IRE Address: COACHELLA VALLEY WATER DISTRICT Address: P.O. Box 1058 Coachella, CA 92236 ON Rev. l/11 CVWD-117 Contract No. C31800 File: 0552.1135 0710.1017 CALIFORNIA REGIONAL WATER CIUALITY CONTROL BOARD COLORADO RIVER BASIN REGION ORDER NO. 97.700 GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGE OF RECYCLED WATER FOR GOLF COURSE AND LANDSCAPE IRRIGATION The California Regional Water Quality Control Board, Colorado River Basin Region, finds that: Section 13260 (a) of the California Water Code requires that any person discharging waste or proposing to discharge waste within any region, other than to a community sewer system, that could affect the quality of waters of the state, shall file a report of waste discharge (ROWD). 2. Section 13512 of the California Water Code states, it is the intention of the Legislature that the state undertake all possible steps to encourage development of recycled water facilities, so recycled water may be made available to meet the growing water requirements of the state. 3. This Order serve as a region -wide General Permit for discharge of tertiary treated municipal wastewater (hereinafter recycled water) for use in golf course and landscape irrigation. Adoption of this General Permit will streamline the permitting process and should encourage recycled water usage. 4. Each discharger of recycled water covered by this General Order shall submit an annual fee, and an application fee equal to the first annual fee, pursuant to Section 13260, California Water Code. The amount of the fee is currently determined by the type of Order issued the threat to water quality and the complexity of the discharge as detailed in Section 2200, Chapter 9, Division 3, Title 23, California Code of Regulations. Recycled water use projects would generally be rated as Non -Chapter 15 waste discharge requirements with a "III" threat to water quality, and a "C" complexity rating. Individual ratings may differ, based on the characteristics of the project. 5. To obtain coverage under this General Order, a complete Notice of Intent (NOI) (Attachment "A" incorporated herein and made a part of this Order) must be submitted with an appropriate fee. Users who submit a duly filled NOI , an appropriate filing fee, and meet the requirements of this permit, will be conditionally authorized to use tertiary reclaimed water for landscaping and golf course irrigation. A separate NOI must be filed for each facility. 6. The Regional Board may at its discretion issue individual waste discharge requirements, or prohibit discharge of recycled water when such actions are deemed appropriate. Upon issuance of individual waste discharge requirements or prohibition orders, discharge of recycled water under this General Order is not applicable. This General Order is not applicable to producers (or producers/dischargers) of secondary or tertiary recycled water, who are currently required to obtain individual waste discharge requirements for discharge of recycled water. This General Order does not apply to persons engaged solely in distribution of recycled water. Contract No. C31800 S. On February 20, 1996, a Memorandum of Agreement (MOA) was executed between the California Department of Health Services (OHS) and the State Water Resources Control Board (SWRCS), on behalf of the SWRCB and the nine California Regional Water Quality Control Boards (RWQCSs). The DHS is the primary agency responsible for protection of public health and the regulation of drinking water. The SWRCB and RWOCBs are primary state agencies authorized with the protection of water quality and the assignment of water rights in the state. The MOA is intended to assure that the authority of these agencies is exercised in a coordinated manner. 9. For the protection of public health, the DHS has promulgated regulations related to usage of recycled water. These regulations are outlined in Section 60301, Chapter 2, Division 4, Title 22; and Group 4, Chapter 5, Division 1, Title 17; California Code of Regulations, et. seq. (hereinafter DHS regulations). 10. The Regional Board considers the DHS, or their duly appointed agent, to be responsible for determining compliance with the DHS regulations, including, but not limited to, requirements listed under the "Health -Based Provisions" of this General Order. 1 1 . Only facilities which fall in the following categories are eligible to discharge recycled water under this General Board Order: a. In accordance with Section 15301. Chapter 3, Title 14 of the California Code of Regulations, the issuance of these waste discharge requirements, which govern the operation of an existing' facility involving negligible or no expansion of use beyond that previously existing, is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21000 et-seq.). b. A Negative Declaration or another environmental document, satisfying the requirements of the California Environmental Quality Act (CEQ.A), and assessing the cumulative impacts of General Permit Board Order No. 97-700, has been approved for the proposed project. 12. The Water Quality Control Plan for the Colorado River Basin Region of California (Basin Plan) was adopted on November 17, 1993 and designates the beneficial uses of ground and surface waters in this Region. 13. The beneficial uses of ground waters in the Colorado River Basin Region are: a. Agricultural Supply (AGRI b. Industrial Supply (IND) c. Municipal Supply (MUN) Beneficial uses of groundwater in individual hydrologic units are listed in the Basin Plan. 14. Beneficial uses of surface waters in the Colorado River Basin Region are: a. Agricultural Supply (AGR) b. Aquaculture (AQUA) c. Fresh Water Replenishment (FRSH) d. Ground Water Recharge (GWR) e. Industrial Service Supply (IND) f. Municipal Supply (MUN) g. Hydropower Generation (POW) h. Preservation of Rare, Endangered or Threatened Species (RARE) 2 Contract No. C31800 i. Water Contact Recreation (REC 1) I. Water Contact Recreation (REC 11) k. Warm Water Habitat (WARM) 1. Wildlife Habitat (WILD) Beneficial uses of individual surface waters are listed in the Basin Plan. 15. The Board has notified the user and all known interested agencies and persons of its intent to prescribe waste discharge requirements for said discharge and has provided them with an opportunity for a public meeting and an opportunity to submit comments. 16. The Board in a public meeting heard and considered all comments pertaining to this discharge. IT IS HEREBY ORDERED, that in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, the user shall comply with the following: A. Prohibitions 1. The intentional discharge of recycled water to !and not owned or controlled by the discharger is prohibited. 2. There shall be no application of recycled water within 50 feet, and storage of recycled water within 100 feet of a domestic well, unless approved otherwise by the DHS . 3. The use of recycled water shall not cause the degradation of ground water used for domestic purposes or cause any change in water quality parameters which would make the water unsuitable for beneficial uses as described in the Basin Plan or the Safe Drinking Water and Toxic Enforcement Act. B. Specifications 1. Use of recycled water shall not cause pollution or nuisance as defined in Section 13050 of Division 7 of the California Water Code. 2. Only tertiary treated wastewater as defined by Section 60313(b), Article 4, Chapter 3, Division 4, Title 22 of the California Code of Regulations shall be accepted and used by the facility as recycled water. 3. There shall be no direct or indirect discharge of recycled water into any on -site domestic or irrigation supply wells, as a result of recycled wastewater storage or discharge. 4. Recycled water for discharge shall be procured under a written agreement between the discharger and producer of the water. A copy of this agreement shall be furnished to the Regional Board and DHS within 90 days of obtaining this permit. 5. The discharger shall not discharge recycled water in excess of the design capacity of the system. In case of an emergency, the Regional Board shall be duly notified and authority for any such discharge shall be obtained in writing from the Regional Board's Executive Officer. 3 Contract No. C31800 C. Provisions 1. The discharger shall comply with "Monitoring and Reporting Program No. 97.700". and future revisions thereto, as specified by the Regional Board's Executive Officer. 2. The discharger is the responsible party for compliance with these waste discharge requirements, and the monitoring and reporting program for the facility. The discharger shall comply with all conditions of these waste discharge requirements. Violations may result in enforcement actions, including Regional Board Orders or court orders, requiring corrective action or imposing civil monetary liability, or in modification or revocation of these waste discharge requirements by the Regional Board. 3. The discharger shall designate an on -site supervisor responsible for operation of the recycled water system. The supervisor shall be responsible for the installation, operation and maintenance of the irrigation system. implementation of this General Order, prevention of potential hazards, maintenance of the distribution system plans in "as -built" form, and for the distribution of the recycled water in accordance with this General Order. The name of the on -site supervisor shal! be furnished in writing to the Regional Board at least 30 days prior to commencement of discharge of recycled water. 4. The discharger shall report any spill incident which endangers human health or the environment to the California Office of Emergency Services at 1-800-852.7550 and the Regional Water Cluality Control Board at 760-346.7491. During non -business hours, the discharger shall leave a message on the Regional Board's message machine which is available at the above listed number. Incident information shall be provided orally as soon as possible and within 24 hours from the time the discharger becomes aware of the incident. A written submission shall also be provided to the Regional Board within five business days of the time the discharger becomes aware of the circumstances. The written submission shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance including exact dates and times and if the noncompliance has not been corrected, the expected time it is expected to continue; and c. Steps taken or planned to reduce, eliminate and prevent recurrence of noncompliance. The discharger shall ensure that all site operating personnel are familiar with the content of this General Order, and shall maintain a copy of this General Order at the site. Personnel must be informed that recycled water is meant for irrigation and landscaping purposes only, and is not approved for drinking, hand washing, etc. Personnel must also be informed of the locations of domestic and recycled lines to ensure that the potable and recycled systems are not interconnected. The discharger shall assure that notification of discharge of recycled water is provided to people who reside adjacent to irrigation reuse areas and to golf course patrons. The content of the notice and method of notification shall be approved by the Regional Board's Executive Officer and OHS. The public shall be notified at least 30 days prior to commencement of golf course irrigation or landscaping with recycled water. Existing dischargers, whose individual waste discharge requirements are replaced with this General Order are exempt from this provision. 4 Contract No. C31800 The discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances), which are installed or used by the user to achieve compliance with conditions of this General Order. 8, The discharger shall comply with all of the conditions of this Board Order. Noncompliance with this General Order is considered to be a violation of the Porter -Cologne Water Cluality Control Act and may involve violation of Reclamation Criteria promulgated by OHS in Title 22, California Code of Regulations and is considered grounds for enforcement action. 9. The discharger shall allow the Regional Board, the OHS, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: a. Enter upon the premises regulated by this General Order, or the place where records must be kept under the conditions of this General Order; Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this General Order; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Order; and d. Sample or monitor at reasonable times, and while escorted by the dischargers' representative for the purpose of assuring compliance with this Board Order or as otherwise authorized by the California Water Code any substances or parameters at this location. 10. Prior to any modifications in this facility which would result in material change in the quality or quantity of recycled water discharged, or any material change in the location of discharge, the user shall report all pertinent information in writing to the Regional Board and OHS and obtain revised requirements before any modifications are implemented. 1 1. Prior to any change in ownership or management of this operation, the user shall transmit a copy of this General Order to the succeeding owner !operator, and forward a copy of the transmittal letter to the Regional Board. The new ownerloperator must file a NOI with the Regional Board. 12. This General Order does not authorize violation of any federal, state, or local laws or regulations. 13. The user shall furnish, under penalty of perjury, technical monitoring program reports, and such reports shall be submitted in accordance with the specifications prepared by the Regional Board's Executive Officer. Such specifications are subject to periodic revisions as may be warranted. 14. The user shall retain records of all monitoring information including all calibration and maintenance records, copies of all reports required by this General Order, and records of all data used to complete the application for this General Order. Records shall be maintained for a minimum of three years from the date of the sample, measurement, or report. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board's Executive Officer. 5 Contract No. C31800 D. Health Based Provisions 1 . There shall be no -cross connection between potable water supply and piping containing recycled water. Supplementing recycled water with water used for domestic supply shall not be allowed except with an a)r•gap separation. An air -gap or reduced pressure principle device shall be provided at all domestic water service connections to recycled water use areas. 2. The discharger shall provide documentation to ensure that there is no interconnection between the potable and recycled water systems. Dischargers with both potable and irrigation water delivered to the site shall ensure that a cross connection test is completed prior to delivery of recycled water to the site. A cross -connection control test, mutually agreeable to the permittee and OHS shall be conducted at least once every four years. Existing users shall conduct a cross -connection test within a time frame acceptable to OHS. The tests shall be conducted by an American Waterworks Association (AWWA) certified cross -connection control program specialist or equivalent. Prior to conducting the test the user shall notify the OHS and County Department of Health Services. Results of the cross -connection test shall be submitted to the Regional Board, DHS and County Department of Health Services within 30 days of completion. 3. The usc: shall submit the "as built" plans and specifications showing the domestic and irrigation systems; the location of all potable and recycled water connections; and locations of all on -site and nearby wells to DHS. These plans shall be submitted within a time frame acceptable to DHS. Within 30 days of the issuance of this permit, existing facilities without "as built" plans shall contact OHS for guidance. 4. Adequate measures shall be taken to minimize public contact with recycled water. Clearly visible, adequately sized warning signs shall be posted in sufficient numbers around the application and storage areas. The size and number .of warning signs shall be mutually determined by the discharger and OHS. 5. Prior to construction of new facilities planning to discharge recycled water, the discharger shall submit the design drawings to the OHS, field operations branch, for approval. The discharger shall, at a maximum, allow the State Department of Health Services a 30-day comment period for completed designs submitted. If comments are not received by the discharger from the State Department of Heath Services within that 30-day period, then no response will be deemed as "no comment" and the discharger will be able to begin construction. 6. Golf course pump houses utilizing recycled water shall be appropriately tagged with warning signs with proper wording of sufficient size to warn the public that recycled water is not safe for drinking. All new and replacement at grade valve boxes shall be purple or appropriately tagged for water reuse purposes. 7. The use of recycled water shall be in conformance with the reclamation criteria contained in Title 22 of the California Code of Regulations, or amendments thereto. 8. Recycled water shall not be applied in a manner or at a location where it could come in contact with drinking water fountains, food handling, food storage or dining areas. 9. There shall be at least a 4-foot horizontal and 1 -foot vertical separation (with domestic water above the recycled water pipeline{ between all newly installed constant pressure pipelines transporting domestic water and those transporting recycled water. All newly installed recycled water distribution lines shall be colored purple or labeled with purple tape. Existing pipelines are excluded from this requirement. 6 Contract No. C31800 M Irrigated areas shall be properly managed to minimize ponding. 1 1. Recycled water shall not be used as domestic supply water or intentionally used as animal water supply. 1, Philip A. Gruenberg, Executive Officer, do hereby certify the foregoing is a full. true and correct copy of an Order adopted by the California Regional Water Quality Control Board, Colorado River Basin Region, on June 25, 1997. E ecutive Officer 7 Contract No. C31800 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD COLORADO RIVER BASIN REGION MONITORING AND REPORTING PROGRAM NO 97-700 FOR GENERAL WASTE DISCHARGE REQUIREMENTS FOR DISCHARGE OF RECYCLED WATER FOR GOLF COURSE AND LANDSCAPE IRRIGATION Location of Discharge: Colorado River Basin Region (Region 7). REPORTING Report immediately any failure which endangers human health or the environment to the California Office of Emeroency Services at 1-800.852.7550 and the Regional Water Quality Control Board at 760-346-7491 . During non -business hours, the discharger shall leave a message on the Regional Board's message machine which is available at the above listed number. A written submission shall be provided to the Regional Board within five business days of the discharger becoming aware of the circumstances. 2. A duly authorized representative of the discharger may sign the documents if: a. The authorization is made in writing by the person described above; b. The authorization specified an individual or person having responsibility for the overall operation of the regulated disposal system; and c. The written authorization is submitted to the Regional Board's Executive Officer. 3. Each monitoring report shall contain the following statement: 'I declare under the penalty of law that I have personally examined and am familiar with the information submitted in this document. and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations.' Ordered by: Executive Officer June 26, 1927 Date Contract No. C31800 CALIFORN EGIONAL WATER QUALITY CONTROL AD • 7 �M I• 24 U94W t•fti Ov"M CMTW O0•M colooft mva &On A"%n M Y .y GtNtKAL WiiJ 1 t UIJVrSAnuc ncuvmcmcrr i a rvn DISCHARGE OF RECYCLED WATER FOR GOLF COURSE AND LANDSCAPE IRRIGATION Colorado River Bann Region Region • 7 0.2.1 n-4p, 0)n 07. /nn Contract No. C31800 INSTRUCTIONS FOR COMPLETING THE NOTICE OF INTENT (NOI) These instructions are intended to help you, the discharger, complete the NOI form for General Waste Discharge Requirements for use of Recycled Water on golf courses and in landscaping. At the top of the form, please indicate if this is a first time coverage under this General Permit, a regulated facility, or change of information for a facility already covered under this General Permit/General WDR. If this is a regulated facility, please supply the eleven digit WDID number for the facility. Section I — Owner/Operator Section A 1. Name — The name (first and last) of the owner/operator of the facility. If the owner/operator is a company, corporation, etc. then put the name of the company, corporation, etc. in this space. Please print clearly. 2. Mailing Address — The street number and street name where mail and correspondence should be sent (P.O. Box is acceptable) 3. City, State, and Zip Code — The city, state, and zip code that apply to the mailing address given. 4. Telephone — Daytime telephone number of the owner/operator. Section B. 1. Contact Person — Please list the name (first and last) of the contact person for the owner/operator (agency, corporation, private business, etc.) listed above. 2. Please check the boxes to the right of "Contact Person" to indicate whether the name given in section "A" is the owner, operator, or both the owner and the operator. 3. Additional Owners — Please check the box if there is more than one owner/operator. Provide the additional information in a supplementary letter addressed to the Colorado River Basin Regional Water Quality Control Board as part of this NOI. Section II — Facility Information Name of Facility — The name of the facility that is requesting coverage under this General Permit/General WDR. 2. Mailing Address of Facility — The street number and street name where the facility is located. (P.O. Box is not acceptable). City, State, and Zip Code — The city, state, and zip code that apply to the facilty address given. Telephone — The telephone number of the facility. Section III — Billing Address Contract No. C31800 Send To: - Please check the appropriate box. If billing should be sent to the property owner, please enter the information to the right only if it is different from the information given above. If the billing should be sent to somewhere or someone else, please check the box titled "OTHER" and fill in the information on the right. 2. Name — The name (first and last) of the person who will be responsible for the billing. 3. Mailing Address — The street number and street name where the billing should be sent. (P.O. Box is acceptable) 4. City, State and Zip Code — The city, state, and zip code that apply to the mailing address given. Section IV. — Verification Please fill in whether or not a verification has been made to determine if the discharger(s) are in compliance with prohibitions or orders of the Colorado River Basin Regional Water Quality Control Board. Check the space marked "Yes" or" No". Section V. — Description of Discharge Provide requested information. Section VI. - Certification 1. Printed Name — Please letter your name legibly. This section should be filled out by the person responsible according to Section LA of Attachment A. 2. Signature and Date — Signature of name printed above, and the date signed. 3. Title — The professional title of the person signing the NOI. Section VII. — Other Information Required Provide requested information. Contract No. C31800 _ State of California COLORADO RIVER BASIN REGIONAL WATER QUALITY CONTROL BOARD Cal/EPA NOTICE OF INTENT TO COMPLY WITH THE TERMS OF GENERAL WASTE DISCHARGE REQUIREMENTS FOR USE OF RECYCLED WATER FOR GOLF COURSE & LANDSCAPE IRRIGATION 1 . New Discharge of Existing Unregulated Discharge 2. Existing Regulated Discharge - WDID# 3. Change of Ownership/Operator Information - WDID# I. OWNER/OPERATOR A. Name Mailing Address City State Zip Code Telephone B. Contact Person Title aAdditional Owners - if additional owners/operators are involved, provide the information on a separate piece of paper II. FACILITY INFORMATION A. Name Telephone Mailing Address of Facility Street Address of Facility City State Zip Code City -T State Zip Code III. BILLING ADDRESS SEND TO: Name OWNER/OPERATOR Mailing Address (ENTERINFORMATION AT RIGHT, ONLY IF DIFFERENT FROM ABOVE) OTHER City IHtTFN INFORMATION AT wcwn a REGIONAL BOARD USE ONLY WDID: Regional Board Office: Date NOI Received: Date N01 Processed: Fee Amount Received: Check #: Contract No. C31800 Have you contacted the RWQCB or otherwise verified that the proposed discharge will not violate prohibitions or orders of the RWQCB? YES No V. DESCRIPTION OF DISCHARGE Describe the proposed discharge(s) Provide the Following Information: Volume of Discharge (gallons): Maximum: Average: Minimum: Distance to Nearest Water Well: VI. CERTIFICATION "I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment". In addition, I certify that the provisions of the permit, including the criteria for eligibility, will be complied with. Printed Name: Signature: Date: Title: VII. OTHER INFORMATION REQUIRED 8 Y2 " x 11 " maps up to a scale of 1:24000 are suggested unless the facility and disposal area are too large for such a scale to be practical, in which case of up to 1:144000 may be used. If a scale of 1:144000 is still impractical, a map larger than 81/2 x 11" may be used. Contract No. C31800 Best Management Practices 1. Apply frequent light rates of nitrogen (N). 2. Use slow -release fertilizers. 3. Avoid fertilizing during periods when turfgrass is naturally slow growing, dormant or stressed. 4. Avoid fertilizing when rain is forecasted. 5. Conservatively irrigate greenbelt areas to save water and reduce leaching. Limit irrigation to the amount necessary to replace moisture used by the plant. Irrigate according to ET and soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have irrigation application rate exceed soil infiltration rate by using multiple, short run times. 6. Use less energy demanding plants where possible and reduce the scope of the "heavily managed" areas. 7. Reduce annual N application rates as much as possible. 8. Minimize the reduction of growth of base turf areas during preparations of overseeding. 9. Reduce the amount of area within greenbelt areas that is overseeded. 10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may be susceptible to leaching. The leachate should be properly disposed of through irrigation via infiltration through a proper soil profile. 11. Develop collection ponds to collect surface runoff and if necessary, install impervious liners to prevent groundwater leaching. 12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer strips. As a condition of service, the recommendations of Best Management Practices must be implemented unless the District's General Manager — Chief Engineer finds it would be a hardship. References Petrovic, A.M. 2004. Nitrogen source and timing impact on nitrate leaching from turf. Acta Hortic. 661:427-432 Wu, Laosheng, Robert Green, Marylynn V. Yates, Porfy Pacheco, and Grant Klein. 2007. Nitrate leaching in overseeded bermudagrass fairways. Crop Sci. 47:2521-2528. Branham, Bruce. 2008. Leaching of pesticides and nitrate in turfgrass. p. 107-120. In Beard, James B. and Michael P. Kenna (ed.) Water quality and quantity issues for turfgrass in urban landscapes. Spec. Publ. 27. Counc. for Agric. Sci. and Tech., Ames, IA. Schueler, Thomas R. 1987. Controlling urban runoff: A practical manual for planning and designing urban BMPs. Publ. 87703. Metropolitan Washington Counc. of Gov., Washington D.C. Schueler, Thomas R., Peter A. Kumble, and Maureen A. Heraty. 1992. A current assessment of urban best management practices: techniques for reducing nonpoint source pollution in the coastal zone. Publ. 92705. Metropolitan Washington Counc. of Gov., Washington D.C. Pertrovic, Martin A. 1990. The fate of nitrogenous fertilizers applied to turfgrass. J. Environ. Qual. 19:1-14. Snyder, G.H., B.J. Augustine, and J.M. Davidson. 1984. Moisture sensor -controlled irrigation for reducing N leaching in bermudagrass turf. Agron. J. 76:964-969.