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HomeMy WebLinkAboutAgenda Report - October 16, 1996 (41)�y F <' U COUNCIL COMMUNICATION <FORa` AGENDA TITLE: Land Lease at White Slough Water Pollution Control Facility (270 Acres) MEETING DATE: October 16, 1996 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt the attached resolution leasing land to Bechthold-Kirschenman Farms, for 270 acres at the White Slough Water Pollution Control Facility (WSWPCF), until April 15, 1997 with an option to continue the lease of 220 acres to October 15, 1997. BACKGROUND INFORMATION: The 270 acres of WSWPCF property is the acreage being evaluated by the California Youth Soccer Association (CYSA). Since CYSA is still evaluating the possible use of this property, it is felt to be in the City's best interest to continue to lease the property for farming operations. Bechthold-Kirschenman Farms, which currently is farming land at WSWPCF, is interested in dry farming (wheat and oats) the full 270 acres at the current rate of $140 per acre per month. This would provide the sewer utility with approximately $18,900 in rental fees. Bechthold-Kirschenman Farms is also interested in wet farming (corn) 220 acres of this property from April 16 to October 17. It is proposed that the lease of the 220 acres be done under an option in the lease agreement which would be implemented by staff if CYSA is not in a position to use the property during that time period. Attached is a memo dated October 1, 1996 from the Water/Wastewater Superintendent outlining additional details with respect to this lease extension. FUNDING: Not applicable. JLR/Im Attachments cc: City Attorney WaterfWastewater Superintendent Bechthold-Kirschenman Farms APPROVED: J k L. Ronsko Pu lic Works Director H. Di on Flynn -- City Manager CSFQ.EASE.DOC 70/09/96 a MEMORANDUM, City of Lodi, Public Works Department To: Public Works Director From: Water/Wastewater Superintendent Date: October 1, 1996 Subject: One -Year Lease for Acreage at White Slough (Short -Term) Due to the lack of any commitment from California Youth Soccer Association (CYSA), you requested we pursue a short-term, 1 -year lease with our existing agricultural tenants. Bechthold & Kirschenman Farms and Lima Farms were contacted. Bechthold & Kirschenman Farms is desirous of continuing the 220 -acre parcel lease for a six-month period at the same rate as their current temporary lease. Additionally, a second six-month period at the same rate for the full 270 acres has been requested. 270 Acres Cost (Wheat and Oats) October 15, 1996 - April 15, 1997 220 Acres Cost (Corn) 1997 - October 15, 1997 $140 x 270 acres x 6/12 = $18,900 $140 x 220 acres x 6/12 = $15,400 $18,900 + $15,400 = $34,300 TOTAL This is significantly higher than last year which returned a total dollar value of $19,600. This is primarily due to leasing the total acreage (270 acres) for six months while dry farming and 6 months of 220 acres in corn. Approximately 50 acres is not economically feasible for irrigation of the corn with well water or Delta waters. This acreage would be excluded in the second lease period and lie fallow. Time is critical and if a quick decision can be received from City Council, this venture could be profitable for the Wastewater Utility. If you have any questions or need additional information, contact me or Del Kerlin. j, ran E. Forka Water/Wastewater Superintendent FEF/dsg cc: Mr. Al Bechthold, Bechthold-Kirshenman Farms Assistant Wastewater Treatment Superintendent GNPArMAH!TESL016KFAR%1S.DOC 1019196 CITY COUNCIL DAVID P. WARNER, Mayor CITY O F L O D I PHILLIP A. PENNINO Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET RAY G. DAVENPORT STEPHEN J. MANN P.O. BOX 3006 STEPHEN J. MANN LODI, CALIFORNIA 95241-1910 JACK A.(209) 333-6706 FAX (209) 333-6710 October 10, 1996 Bechthold-Kirschenman Farms 13145 N. Lower Sacramento Rd. Lodi, CA 95242 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney SUBJECT: Land Lease at White Slough Water Pollution Control Facility (270 Acres) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 16, 1996, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 221 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Fran Forkas, Water/Wastewater Superintendent, at (209) 333-6740. VV Jac.ko s Director JLR/Im Enclosure cc: City Clerk Water/Wastewater Superintendent NCBKLEAS.DOC RESOLUTION NO. 96-151 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE EXTENSION OF THE LAND LEASE AT WHITE SLOUGH FOR 270 ACRES BE IT RESOLVED, that the Lodi City Council does hereby approve the land lease with Bechthold-Kirschenman Farms for 270 acres at the White Slough Water Pollution Control Facility, effective October 15, 1996 and terminating April 15, 1997 with an option period of an additional six (6) months. Dated: October 16, 1996 ------------------------------------------------------------------ I hereby certify that Resolution No. 96-151 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 16, 1996, by the following vote: AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock and Warner (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None JNIFER . PERRIN y Clerk 96-151 LEASE THIS LEASE, made and entered into this 15th day of October, 1996, by and between the CITY OF LODI, a municipal corporation, hereinafter called Lessor, and BECHTHOLD-KIRSCHENMAN FARMS, hereinafter called Lessee. This lease supersedes the lease entered into between the parties heretofore on October 6, 1993, in its entirety. WITNESSETH: PROPERTIES: That for and in consideration of the rents to be paid , and the covenants to be faithfully kept and performed by said Lessee, said Lessee does hereby lease, hire, and take from said Lessor, those certain properties described as follows: Those certain properties described in Exhibit A attached hereto, and by this reference made a part hereof. Maximum amount of property to be leased totals 270 acres. TERM: The term of this Lease shall be for a period of six (6) months, commencing October 15, 1996, and terminating at midnight on April 15, 1997. An option period of an additional six (6) months commencing April 15, 1997 and terminating at midnight on October 15, 1997 is hereby granted. Said option period shall be available upon notice by Lessor given at least thirty (30) days in advance of the beginning of the option period. 3. RENT: In consideration of said Lease, Lessee agrees to pay to Lessor as rent for the demised premises, the following amounts: $ 18,900 1 $ 15,400 270 Acres I 220 Acres Rent to be paid monthly, quarterly or annually, in advance, If rent is paid annually in advance, a 2% discount on the annual rent can be taken. Rental payments shall be made before the first day of the month or quarter and shall be directed to the Public Works Department, 221 West Pine Street, P. O. Box 3006, Lodi, California, 95241-1910, for processing and shall be paid without prior notice or demand. USE: The properties shall be used solely for the purpose of pasturing beef cattle or growing, cultivating, fertilizing, irrigating, and harvesting of agricultural crops, During the term of this Lease, and any extension thereof, it is understood and agreed by the parties hereto that Lessee shall be required to accept industrial wastewater, treated domestic effluent, and domestic sludges from City's White Slough Water Pollution Control Facility. Lessor will make available all excess domestic effluent, at no cost to the Lessee. It is further understood and agreed by Lessee that Lessee must comply with all present and future laws, ordinances, rules, and regulations promulgated by any governmental authority of competent jurisdiction regulating the type of crops that can be grown on the properties during the lease term and any extension thereof. Lessee accepts the properties with the full understanding that the California Department of Health Services regulations (Title 22, Division 4), copy attached as Exhibit B, will limit Lessee to growing only fodder, fiber, or seed crops once wastewater and/or sludges are discharged on the properties. Further, Lessee shall be permitted to use the properties for any use consistent with the terms of the within Lease and those uses permitted by all governmental authorities, including, but not limited to, the -California Department of H, --.ch Services. Further, Lessee agrees to manage the irrigation of the properties with industrial wastewater, treated domestic effluent, and sludges from the White Slough Facility in such a manner that it will not allow the discharge of any runoff to White Slough or adjacent private or public property, and meet all regulations imposed by all governmental authorities having proper jurisdiction, including, but not limited to, the Central Valley Regional Water Quality Control Board. Lessee shall use and occupy said premises in a quiet, lawful, and orderly manner. Lessor and Lessee further agree that they shall permit no hunting, fishing, or public access to any part of the properties, including Lessee. AVAILABILITY OF LESSEE: Because of the type of operation of the White Slough Water Pollution Control Facility, it is imperative that Lessee or a representative be readily available in case plant personnel must change any plant operation. Lessee shall be responsible for keeping the City Public Works Department advised of a current telephone number and contact person. REMEDIES ON DEFAULT: Should Lessee fail to pay any part of the rents herein specified at the times or in the manner herein provided, or fail to comply with or perform any other of the terms and provisions of this Lease on the part of Lessee to be performed or complied with, then, and in that event, Lessor may exercise any and all remedies provided by law or equity by reason of such default, including the right, at Lessor's option, of terminating this Lease. In any of such events, Lessor shall be entitled to the immediate possession of said leased premises, and, at its option, may enter into and upon said premises without notice to Lessee and exclude Lessee and all persons and all property therefrom, and by process of law or otherwise take and resume possession of said premises. Each and all of Lessor's remedies shall be construed as cumulative and no one of them as exclusive of the other or as exclusive of any remedy provided by law or equity. 7. RELATIONSHIP OF PARTIES: It is understood and agreed that the relationship between the parties is that of landlord and tenant and not as a parry or agent of Lessor. Lessee, or its subtenant, shall carry Worker's Compensation Insurance and observe all laws and regulations applicable to employers. DITCH, ROAD, AND PROPERTY MAINTENANCE: Lessee shall maintain and pay all costs of maintaining the irrigation lines, ditches, fences, and all access roads located on the properties. Lessee, at its sole cost and expense, shall provide an adequate drainage system and agrees to cause to be cleaned within a reasonable time, when requested by Lessor to do so, the drainage ditches and facilities located on the properties. Lessee shall further be responsible, at its sole cost and expense, for maintaining and repairing all improvements located on the properties, including, but not limited to, wells, canals, drainage ditches, and other improvements of any nature whatsoever located on the demised premises. FLOOD RISK: Tenant acknowledges that he is fully acquainted with the demised premises, all facilities affecting the demised premises, and the possibility that the leased premises could be flooded from many causes including, without limitation, the following: A. Levee overtopping and levee failure due to natural causes such as winds, tides, barometric pressure changes, rainfall or its runoff, earthquakes, levee settlement, and rodents. B. Levee overtopping and levee failure due to man -related causes including negligence of Lessor, any reclamation district or improper levee maintenance, flood fighting and/or patrol, dredging, water releases, obstruction of water flows, and water diversions. C. Failure of the drainage system due to natural or man -related causes including negligence of Lessor, any reclamation district, and other governmental agency. D. Failure construct, repair, maintain, or operate icvees , drainage, or irrigation facilities, or other facilities, whether due to limited funding or otherwise. Tenant hereby expressly assumes the risk of damage arising out of the above and hereby waives the right (including the right on the part of any insurer through subrogation) to make any claim pertaining to the same as against the State of California, the United States, all reclamation districts, the counties, all other agencies of government, and Lessor and their officers, agents, and employees. 10. ASSIGNMENT AND SUBLETTING: Lessee shall not assign, encumber, convey, or otherwise hypothecate this Lease, in whole or any part, without first obtaining the written consent of Lessor. Lessee shall be permitted to sublet the properties to a responsible person, firm, or corporation, but any such subletting or use by another person, firm, or corporation shall in no way release Lessee from the obligation, conditions, and terms of this Lease. Lessor shall furnish in writing to Lessor the name of any subtenant, and any sublease entered into by Lessee shall incorporate the terms, provisions, and conditions of this Lease. 11. ENTRY BY LESSOR: Lessor shall have the right at all reasonable times during the term of this Lease to enter said leased premises for the purpose of examining or inspecting the same. 12. REPAIRS: Lessee shall be solely responsible for all repairs to the properties. Lessee shall notify Lessor, in writing, of any alterations or additions to the leased premises and major alternations or any alternation that would interfere with Lessor's wastewater discharges on the leased premises shall be first approved by Lessor before the same is made. All alterations, additions, or improvements made in, to, or on the demised premises shall, immediately upon the installation thereof, become and be the property of the Lessor and shall remain upon and be surrendered with the premises. 13. SURRENDER OF PREMISES: Lessee shall, at the termination of the term hereby created, or upon the earlier termination hereof for any reason, or upon the extension of the term herein set forth, quit and surrender said premises in good order, condition, and repair, reasonable wear and tear and acts of God or fire excepted. 14. FEES: Lessee shall pay all license fees, or other fees or taxes, levied by any governmental agency which may be imposed upon the business of Lessee or its subtenant conducted upon the premises. If any of the above charges are assessed against the real property, and because of said assessment, the Lessor pays the same, which Lessor will have the right to do regardless of the validity of any such levy, the Lessee, upon demand, will repay to the Lessor all taxes and other assessments so levied against the Lessor which are due by the Lessee. 15. UTILITIES: Lessee agrees to pay, during the term hereof, all utilities of any nature whatsoever used upon said leased premises except for the run-off collection system located on the property. 16. WASTE: Lessee shall not maintain or commit, nor suffer to be maintained or committed, any nuisance or waste in or about said leased premises, nor do or permit anything to be done in or about said premises, nor keep anything therein, which will in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of said premises, which have been or may hereafter be, enacted or promulgated by any public authority. 17. MECHANIC'S LIEN: Lessee agrees to keep said premises free from all liens and claims of meehanics, laborers, material suppliers, and others for work done, and material furnished, and Lessee shall not create, or suffer to be created, any lien or encumbrance on said premises. 18. PUBLIC LIABILIT. AND PROPERTY DAMAGE INSURANCL. Lessee agrees to indemnify and save harmless Lessor from and against all claims of whatever nature arising from any act, omission, or negligence of Lessee or Lessee's contractors, licensees, agents, servants, or employees, or arising from any accident, injury, or damage whatsoever caused any person, or to the property of any person, occurring during the term thereof, in or about the demised premises where such accident, damage, or injury, including death, results, or is claimed to have resulted, from any act or omission on the part of Lessee or Lessee's agents or employees. This indemnity and hold harmless agreement shall include indemnity against all costs and expenses, including attorney's fees incurred in or in connection with any such claim or proceeding brought thereon and the defense thereof. Lessee agrees to maintain in full force during the term hereof a policy of public liability insurance under which Lessee is named as insured, and containing an additional named insured endorsement naming Lessor as an additional insured, and under which the insurer agrees to indemnify and hold Lessee and Lessor harmless from and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, sustained in accidents occurring in or about the demised premises, where such accident, damage, or injury, including death, results, or is claimed to have resulted, from any act or omission on the part of Lessee, or Lessee's agents or employees. The minimum limits of such insurance shall be $1,000,00.00 (One Million Dollars). In addition to the additional named insured endorsement on Lessor's policy of insurance, said insurance policy shall be endorsed to include the following language: Insurance as is afforded by the endorsement for additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the coinsurance afforded by this endorsement." A duplicate or certificate of said public liability and property damage insurance policy containing the above -stated required endorsements shall be delivered to Lessor within ten (10) days after the issuance and each renewal of said policy. This paragraph, and all other provisions of this Lease, shall apply and be construed as applying to any subtenant of Lessee. 19. BANKRUPTCY, RECEIVERSHIP, AND INSOLVENCY: If Lessee should make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or be adjudicated bankrupt or insolvent, or permit a receiver to be appointed to take possession of a substantial portion of its assets or of this leasehold, and such bankruptcy, insolvency, or receivership proceeding shall not be dismissed within ninety (90) days, then Lessor may, without notice or demand, terminate this Lease and forthwith reenter and repossess the properties, and remove all persons therefrom, and under no circumstances shall this Lease be assignable or transferable by operation of law. 20. EMINENT DOMAIN: If the whole or any portion of the premises here by leased shall be taken by any public authority under the power of eminent domain, whether by negotiation or otherwise, then the term of this Lease shall cease as of the date possession is taken by such authority as to that portion taken, and the rental thereafter due or payable shall be reduced for the portion taken at the rental rate per acre then in effect. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the leased premises, shall be the property of Lessor. Provided, however, that Lessor shall not be entitled to any award made to Lessee for loss of business, business leasehold improvements, and crops. 21. ATTORNEY'S PEES: In each suit brought for the recovery of any rent due hereunder, or for the recovery of the possession of said demised premises, or for the breach, or to restrain the breach, of any of the terms, conditions, or covenants of this Lease, the prevailing party shall be 4 entitled to a reaso—ole sum as and for attorney's fees therein, the amount of which shall be determined by the court in such suit and added to and become a part of the judgment therein. 22. WAIVER: Failure of Lessor to insist upon performance of any of the terms or conditions of this Lease in any one or more instances shall in no event be construed as a waiver or a relinquishment of its right to future performance thereof, and Lessee's obligations to such future performance shall continue in full force and effect. The receipt by Lessor of rent, with the knowledge of the breach of any agreement or condition hereof, shall not be determined to be a waiver of any such breach. 23. ACCEPTANCE OF LEASEHOLD ESTATE: Lessee has examined the leased premises, knows the conditions thereof, and accepts possession thereof in their condition. 24. TERMINATION OF LEASE: A. By Lessee. Lessee shall be permitted to terminate this Lease at its option in the event governmental laws, rules, or regulations, including, but not limited to, those promulgated by the California Department of Health Services, prohibit the growing of any crop on the properties. In the event Lessee terminates this Lease as provided above, rent shall be prorated to the date of termination. Lessee shall also be permitted to terminate this Lease for any reason whatever if written notice is given to Lessor six (6) months prior to the end of any individual year covered under this lease. Lessee shall be responsible for all rents due for the entire calendar year in which such notice is given. B. By Lessor. Lessor may terminate this lease if it determines, in its sole discretion, that the demised premises are necessary for any City function or any other purpose approved by the City Council. In such cases, the Lessor shall give to the Lessee six (6) months' written notice thereof, and rent shall be prorated. 25. CONTRACT: This written agreement constitutes the entire contract between the Lessee and Lessor, and no representation or agreement, unless expressed herein, shall be binding on the Lessor or Lessee. 26. ACCESS: Lessee shall be permitted reasonable access over adjacent City property owned by Lessor for ingress and egress purposes. 27. BINDING ON HEIRS: This Lease shall include and inure to and bind the heirs, executors, administrators, successors, and assigns of the respective parties hereto, but nothing in this paragraph contained shall be construed to modify or impair in any manner any of the provisions and restrictions of this Lease relating to the assignment of this Lease, or of any interest therein, or to the subletting or underletting of said leased premises or any part thereof. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "Lessor' By H. DIXON FLYNN, City Manager Attest: JENNIFER M. PERRIN, City Clerk Approved as to Form: RANDALL A. HAYS, City Attorney BECHTHOLD-KIRSCHENMAN FARMS hereinabove called "Lessee" Z ALFRED B. BECHTHOLD JOHN KIRSCHENMAN CITY OF L0D1 PUBLIC WORKS DEPARTMENT ,XMIT A Lease for 210 acres + at White Slough 'dater Pollution Control Facility /V,- / -k �/ % i �/ \ // ,izt � r!. -ro .1 r Sired �✓ � y. rs ;-ter' �s'i Esc 3r 21 ~ Pp `-'fan- o X t SITzr b � R A C NOT TO SCALE The proverty to be leased is described as that real property situated in the City of Lodi, County of San Joaquin, State of California described as follows: PARCEL CNE: The North one-half (H 1/2) of Section 25, T3N, ME, 4080. according to the Official Plat thereof. Excepting therefrom any portion thereof which lies westerly of the easterly line of that certain land conveyed to State of California by Deed recorbed November 3, 1970 in Boot 3455 of Official Records at Page 428 in the Office of the County ,Recorder, San Joaquin County, California. PARCEL T40; All that portion of the Horth one-half (H 1/2) of Section -30• T3H, R6E. MOBSM, according to the Official Plat thereof, lying i4est and South of the southwesterly line of Thornton Road. FExhibit B TITLE 24 E"ttoNUXNTA. HEALTH 1557 M"M rr. a►a a—WV&Tn C "' -Z t 1 REcwcATnoN CMTEPUA Article 1. Definitions 6Q7Q1. D rmltioets. (a) ReelaiMed Water. Reclaimed water Mears water which, as a result of treatment of domestic wastewater. is suitable for a direct beneficial use or a coctrolled use that would not otherwise occur. (b) Reclamation plant. Redsrrutioc plant means an arrange. ment of devices, structured egtzs'pment,ind controls which 'Produce a reclaimed water JWhWe for thended reux (c) RefttlatoryA�e nee. Regulatory age:tcy means the California Regional Wates QUty Control Board in whore Jurisdiction the recla- mation plant is located. (d) Direct Beneficial Ura, Direct beneficial use means the use of reclaimed water which has been C aasportdd from the point of prodtion to the point of use without an intervening discharge to waters of the State. (e) Food Crepe Food crop, menus any crops intended for hu- man consunptiom (, � SP'rar Irrigation. Spray irrigation means application of re- aarmea water to crops by spra7mY it from orifices in piping - (s) Sadfxe Irr'XabOCL Surface irrigztion means application of re - Claimed water by means other than spray' such that contact between edible Portion of any food a•op and reclaimed water u prevented. (1t) Restrictsd Recrratiooal Impoundment. A restricted recsea- tkxW im is a body of redLimed water in which recreation u limite�bosting. and other non-bodytrontact water recrea- tion activibes. (i) Nonrsstrided Receational Impoundcwnt. A nonrestricted recreational impoundment is an unpoun +dment of reclaimed water in which no limitations are imposed on body -contact water sport activities. Q) LAD6eap+ Impmmdnwat. A larid>ape im�ndment is' a body of reclaimed watt which is used for acsffietic enjoyment or which otherwise serves a function not intended to include public contract. (k) Approved Laboratory Met}toda. Approved laborltory meth- ods are those :periled in the latest edition of "Standard Method: for the F_zamination of Water and Wastewater", prepared and publishe�jolat- r by the American Pubbc Health Association, the American Water Works Association, and the Water Pollution Control Federation and which are conducted in laboratories approved by the State Department of Health - (1) Unit Ptnoem Unit process meam an individual stere in the wastewater treatment sequence which performs a major single treat- ment operation. 139 SOCLAL SECUPJTT TITLE 34 tRe9WW rr. a. O—W16-M (M) c fima 7 went. c riMa.i y effluent is the Gffl1XS1t from a wastewater treatment process w raykies removal of se+�age solids so that it contains not more thaw 0.5 tnilliiiter per liter per boor of settleable solids u determined by an approved al boratarr method. (a) Ozidisod Wastewater. Oxidized wwtewacer means wast+e- wa'_er in which the or matter has been stabiEzed— is noaputre=- bit, ania d coatas dissolved oxyzen. (o) 966vical Trratmeat Biological treatment means methods of wastewater treatment in which bacterial or biochemical action is intensified as a means of producing an aadfzed wastewater. (p) Saaaadary tes rwv&L by gsavi�setticabk solids remcininY in the effluent after the biological treatment ptoceas (q) Coa."ted Wastewater. COWASted. wastewater unser on- duo3 wastewater in which collddaiand divided suspended mat- ter have been destibflized and agglomerate the adchboo of suitable fioc-formmg cheraicals or by an equally effwtive metho& (r) FUtcred Weetewater. Merod wastewater mesas an oxidized, coagulated, clarified wastewater w Machu hu been pened d"4h natu- ral undistia soils or filter madis_ such as sand or diatomaceow earth. so that the turbidity as determined by &a approved laboratory method does not exceed as average operating ty of 2 turbidity units and does not exceed 5 turbidity units more than 5 percent of the time during any U-bou r period - (z) Disinfected Wastewater. Disinfettrd wastewaterwastcwLter in which the thorruc mesas blbltNkEDIC@n nicrnq have been destroyed by �mscal, Physical or (t) Multiple Units. Multiple units means two or more units of a treatment proem which operate in para.Uel and serve the same fund` tikan- (u) Standby Unit Process. A standby unit process is an alternate unit process or an equivalent alternative penders which is maintained is operable condition and which is ca ble of providing comparable trcatnxat for the entire design flow of else unit for which it is a substi- tute- (Y) Power Source- Power source means a soured of supplying energy to operate unit prod (w) Staadbir Power Source. Standby power source means an aur tomatidilly actuated self-starting alternate energy source muatained in in=ediatdy operable condition and of sufiicient capacity to provide necessary service during failure of the normal power supply. (z) Standby Aeplaceaaent Equipment. Standby replacement equipment means reserve parts and equipment to replace broken- equipment or worn-out unit: which can be placed in operation within a s 24-hour period 1T1 LE 22 EKYMOMUXNTAL Hx. t 7x 1WIS (PAO ••• n. sw. n --wars (y) Standby Chlorinator. Achlonnatvr meaaa a U- cate chlorinator for reclamation plants ving one chlorinator and a duplicate of the largest unit for plants having multiple chlorinator tmim. (z) Multfple Point Chlorination. Multiple point ehloriaatioa means that chorine will be applied simultaneously at the reclamaboa plant and at subsegtwnt chlorination stations located at the use arna andlor some intermed:ate point- It does toot inhale chlorine ippbca- tkm for oda control ptu•poem (aa) Aaw= Alum rr%~- an instrument or device which con- tinu>ousfy monitors a specific function of a treatment � pprocess and au- tomatically gives of an unsafe or undesirable omdiboa by means of visual ande signals (bb) Person. Person also inducts any private entity, City, county. district, the St=te or any departmcnt or agency thereof - Nora: Au6wity aced: SMtitte W& Ham sad SaFerr Ca& cad SeGsaa =21, wuer Code ?. Fsme-- Ser_tien ural water Coda. filstar7: L New C3spc.r 4 (4f a=1- SSI. not comwoxiw) Hied 41-� a6ecti dATd eb day dwWaaftm (F-Ccb%ar TS. Na 1{). L ]te mmbeiiat of thaptnr { (Sacdow aMM-4S . not eoene046") to t>surors 3 Cae`fow a=1-SLSS7. Dot mnaecud"). Mod 1414•'7; e6ecd" &rtw& day tlkreaRes (Register 77. Nn d). 6070x. Spray hTig&boa. Reclaimed water used for the spray irm- gatioa of food hops sh&U be at ah times an adequately disinfected, oxidized,e.�allaatte�d, dwified. filtered wastewater'. The wsstawrattr shall be eonsi3ere+d adequately disinfected if at some location in the treatment process the median number of coliformdoes not exceed 2-9 per 100 miIliiiters and the number of corpxdz a does not escoed 23per 100 ma'Iiziitrrs in more than ooe w�itilin eny �y pmiod- 7bc median ml a shall be from the bactFrro cal resWb of the last 7 days for which analyses have be cam 6030,5. Surface IstiZxboa. (a) Reclaimed water used for surSct uuzziggaation of food crow shall be at all times an adequately disinfected. w6dized wastewater. The wastewatez shall be coasidered adequately ditniected if at some location in the treatment proctor the median number of coliform orpn ms does not exceed °_° per 100 milliliters, as determined from the bacteriologic.1 results of the last 7 days for which analyses have been completed - (b) Orchards and vineyards may be surface irrigated with reclaimed water that has the quality at least equivalent to that of primary efiimmt provided that no fruit is harvested that has come in contact with the irh9idag wstLer or the ground. 60307. Exceptsons. Exceptions to the quality requirements for reclaimed water used for irrigation of food crops may be considered by the State Department of Health on an individual CUc basis where the reclaimed water is to be used to irrigate a food crop which must under- go extensive cocramerc al Physical or chemffi ical processing sucient to destroy pathogenic agents before it is suitable for human consumption. 1360 Sara Sacvnrrr Tnu 2S Amide 3. Irrigation of Fodder, Fiber, and Seed Crops SM. Fodder, Fiber, and Seed Crops. Reclaimed water used for the surface or spray irrigation of fodder, fiber, and seed crops :hail have i level of quality no less than that of primary effluent. 60311. Pasture for Ailldat Animal. Reclaimed water used for the' sties of pastes -e to which milking cows or goats have access shall be at Stilts an adequately disinf ed, oadi=,ed wastewater. The wastewater shall be considered adeeqquuaately di�nf.•�„ d if at some loca- tion in the treatment process the encs::r number of =Evrm orgaaisma does not exceed 23 per 100 milliliter:, as determined from the bacterio- logical results of the last 7 drys for which anslyies have been completed Article t Landscape Irritation 6MI3. Landscape Irrica6m (a) Reclaimed water used for the irrigation of golf courses, cemeterict, freeway landscapes, and land- = is other areas where thezdeq�Atain blic has similar access or exposure OrA-YrA wast Cr. Tbe was beat all times a oruidered adequately disinfected if the median wastewater shall be const number of coliform ortanisms in the ef$ucnt does not exceed 23 per 100 milliliters, as determined from the bacteriological results of the last T days for which analyses have been completed, and the number of coli- form organ=u docs not exceed 240 per 100 milliliters in any two coo- seCutive sasapiei (b) Reclaimed water used for the k-ri atioct of panes, pl:ygrotmds, achoo}yards, and other areas when the public has similar access or exposure shs3 be at all times an adequately disinfects oxidised, awgu- laced, dariSed, filtered wastewater or a wastewater torted by a se- quence of unit processes char wM rinse an egiavalent accrue of tratment and reliabUity. the waatrwat er shall be considered ado- qusately disinfected if the median number of coliform organisms in the effluent does not exceed.Y3 per 100 nsitlilitert, as determined from the results of the last T days for which analyses have been 5com_en� e andthe nuzmber of coliform organisms does not exceed $3 0 tern in any sample Nor= Aad wxr seri Sures one, Health :ad Saf tr Cbl+ cod Swtbm 13ML War Cada 1t+(.azocc S.ccSm 13M Warr Coda. R 7r L Amand=w=2 ..led 96 -MT& ft%cd1ry the day 6--aftc NOOK 73, Na. Jd). Article S. Recreation l Impoundments 60:115. Now st le -ed Recreational Impoundment. Reclaimed wa- ter used as a xx=cc of supply in a nonrestricted recreational imp=, Xd mmt :3211 be at all times an adequately disinfected, oxidized, coagulated, clarified, filtered wastewater. The wastewater shall be con- sidered adequately dfzinfxted if at some location in the treatment Process the median number of coliform orrggaann{.zms does not exceed 32 per 100 TnOtOf en and the number of a>llform rrl ; does not ex- ceed 23 per 100 mitlil{trrs in more than one runpk within any 30 -day period. The median value zhaIl be determtnod from the bactaiologiCal au results of the t 7 days for which at2iyaes have been completeedd ,I= = LNVMONMENTAL HEALTH 4 so= (Ro%bnw K ha. .1--..ss4a.) (p ISBIj 611317.. Restricted Rearstionsl Impoundment. Reclaimed water used as a source of supply in a restricted r=carional im- poundment shin be at all times an adequatelyi t disino ddized wastewater. The wastewater shall be considered adequately disiniscted if at some location in the treatment process the median number of coliform organisms does not exceed °. ° per 100 tnilliiite s, as determined £rom the bacteriologfnl results of the last 7 days for w'nieb analyses have been completed_ fife M Lndscape Impoundment Reclaimed water used as a source of supply in a landscape impoundment shall be at all times an adequately disinfected, oxidized wastewater. The wastewater shall be considered adequately dissi:n c ed if at some location in the treatment process the median number of coliform organisms does not exceed 23pcs 100 milliliters, as determined from the bacteriological results cf the last 7 days for which analyses have been completed. Article 5.L Groundwater Recharge 6a= Groundwater ReehArge- (a) Recaimed water used for groundwater recharge of domestic water sup- ply aquifer by suriu- spreading shall be at all times of a testy dw fully protects p I Ii health. The Stair Department of Health Services' recommenda- tions to the Regional Water Quality Control Boards for proposed groundwater rrrharge projects and for expansion of existing proje= will be made on an individual case bass where the use of reclaimed watt- involves a potential risk to public bealth- (b) The State Department of Health Services recurnmendatians will be based on all relevant aspects of each proje=.-induding the following factors treatment provided; e$jurmt quality and quantity: spreading area operations; soil characterstics; bydrogeolaV' msidence time; and distance to withdrawal (c) The State Depaartmmt of Health Services wiR hold a public hearing prior to making the final determination regarding the public health aspects of each ggrrooundwater a project. Final recommendations will be submitted to the AZonal Water Control Board in an expeditious maths. NOTE- Autbonty aces.. Secn= °..Lltl. Health and Saiety Code; Lad Secy= 13521. Weer C oda Rcj=vxw= Sectiow 135M and 115..1, Water Cade I LSMRY: 1. New Article 5.1 (Section fiO3"A) filed c =e ve L�imietb day tbc.eaftrs (Reg- istry 78, Na. 38). I. Editorial correction of NO v- Sled UZ-84 (Register K Na 491. Article Ser. Other Methods of Treatment 6=L Otter Methods of Treatment Methods of treacment other than those included in this chapter and their reliability features may be accepted if the aopiicant demonstrates to the satis. faction of the State Department of Health thit the methods of treatment and reliability features will assure an equal degree of treatment and reliability. NOM Authority cited: Se== 2X Health and Sasety Code Lnd Section 135=1. Water Coda Rcicrcncc Section 1z=. water Cade. H2STt?RY: L Renumbesits of .Amide 11 (Section SMS) ra Article S3 (Swtioa 61x3 sl filed 9-="M Cicctive thirtieth day thereafter (Register T8. Na 38). TITLE M ENVIRONMENTAL HF,LL.TH g 60329 (Rapiers.. at N.M. 4*–tsa hat Amick L Sampling and Analysis 6032L Sampling and Analysis. (a) Samples for settleable solids and coliform bacteria, where requirv4 shall be collected at least daily and at a time wbm wastewater characteristics arc most demanding on the treatment facilities and disinfection procedures. Tur- bidity anafysis, where required, shall be performed by a continuous recording tux-bidimeter. (b) For uses requiring a level of quality ao greater than that of primary uca samples shall be analyzed by an approved laboratory method of settle- able solids (e) For uses requiring an adequately disinfected, oAdized wastewater, sam- ples shall be analyzed by an approved laboratorymethod for coliform bacteria conceal (d) For nses requiring an adequately disinfected, oridized, coagulated, dari- fied, filtered wastewater. samples shall be analyzed by approved laboratory methods for turbidity and colorm bacteria content. Article 7. Engineering Report and Operational Requirements 60324. Engineering Report (a) No Q_ -son shall produco or supply reclaimed water for direct ,e, from it Proposed water reclamation plant unless he files an ettgne7mg report (b) The report shall be pre by aproperly qualified engimeer registered in California and in the field of wastewater treatment, and shall contain a description of the design of the proposed reclamation system 7b,- report hereport shall clearly indicate: the means for compliance with these regulations and any other frstures speared by the regulatory agency. (e) The report shall ecmtain a contingency plan which will assure that no contested or inadequately -treated wastewater will be delivered to the use arra 605. Personnel. (a) Each reclamation plant Shall be Provided with a suScient nimlbeT of qualified personnel to operate the Facility cEectiveiy so as to achieve the re- quired level of treatment at all times (b) Qualified personnel shall be these meeting requirements estabBsbed pursuant to Chapter 9 (commencing with Section 13625) of the Water Code. NOTF_ Autbonty eitzd Section _0M Health and Suety Gads and Section 1-1 Wass Code. Rcfesracs Sections 13S"t1 and 13ML Water Code. HISTORY: L New NOTE Mod 12184 (Register 84, Na 49). 60321. Maintenance. A preventive maintenanct- program sb2B be provided at earl reclamation plant to ensile that all equipment is kept in a reliable operating condition. NOTE Authority cited Sccb= 3X Holtb had Saft:ty Code; had Secboa = Water Code Acierenct Secvoas 1--= and UML Fahr Cndc- H15 RY: L New NOTE filed 12384 (P.4=cr &L No. 49). 60= Operating Records and Reports. (a) Operating records shall be maintained at the reclamationplant or a central depository within the operating agency. Tbese shall include all analyses specified in the reclamation criteria records of operational problems, plant and equipment breakdowns, and diver9ons to emergency storage or disposal: all corrective or preventive action taken_ (b) Process or equipment failures triggering an alarm sbail be recorded and maintained as a sevarate; record file. The recorded information shall include the time and cause of failure and corrective action tel ca ff,f,�331 ENVTRON)4 - "rAL HEALTH Tr= 22 (p. 1606) (Rapieer se Ma s—tliM) (c) A monthly summary of operating records as specified under (a) of this section shall be plod monthly with the regulatory agency. (d) Any discharge of untreated or partially treated wastewater to the use arca, and the cessation of same, shall be reported immediate)p by trkphone to the regulatory agency, the State Department of Healt� and the local health officer. NCR% Authority citeri_ Swd= °..OH. Health and Safety Cod= Lad Sectim LML Water Coda Refer== Sccaaur 130 and 133-0- Water Godo iII57'ORY: L New NOTE 564 L°3 -Si (Regio 3C Na 49). 60331 Bypass, These shall be no bypassing of untreated orpartial)y treated w-attewater from the reclamation plant or any intermediate unit processes to the point of use. NOTE Authority -ted: Same °..M Heaith and Safety Code and SacOon 133 , Wates Cud- Reference Seeboas 1335!'1 and 133EL Wats Code HISTORY: L Ncw NOTE filed 113.81 (Register 84„ Ne, 49). Article & General Requirements of Design 60333 Flexibility of Design The design of process piping, equipment armngeanent, and unit structures in the reclamation plant must allow far cmdency and mnverience in operation and mstintenzor. and provide $enbiiity of operation to permit the highest poasble degree of treatment to be obtained under vaTymg cnrrmztznc� 60335. Alarms. (a) Alarm devices required for various Dent processes as specified in other sections of these regnlatiow span be wraAed to provide. warnurg aE (1) Loa of power from the normal power supply - (Y) Failure of a cal treatment proc ew- (3) Failure of a disinfection process (4) Faihrre of a coagulation prncea (5) Faihlzc of a filtration prtxrss ("y other specific prom failtse for which waning is required by the reguLatory en (bAIS reguu-ed alarm devices shall be independent of the normal power ,upp of the recl2rnntion plant (c) The person to be warned shall be the plant operator, superintendent, or lay other resoorsble person designated by the management of the rt clama- tion plant and capable of taking prompt co cc ve action. (d) Individual alum devices may be connected to a master alarm to sound at a location where it an be conveniently observed by the attendant In case the rn. lz adon plant is not attended full time, the alarm (s) shall be connected to sound at a police station, fire station or other full-time service unit with which arrangements have been made to alert the person in charge at times that the reclamation plant is unattended. 671331. Power Supply. The power so.. y shall be provided with one of the following reliability featmes (a) Alarm and standby power soma- (b) Alarm and automatically actuated short-term retention or disposal provi- sions as specified in Section 63'341. (c) Automatically actuated long-term storage or disposal provisions as speci- fied in Section 8334L -1.1= = ENYIRONmL%rrAL HL&LTH 1607 tR"pawr X Mt 14-&4.79) Article S. Alternative Reliability Reeqquirements for Uses Permitting Primary nuent 60:M Primary Treatment. Reclamation plants __producing re- claimed -water exclusively for uses for which pruaary erlueat is permit- ted shall be provided with one of the following reliability fesituree (a) Multiple primary treatment units capable of producing primary e$ vent with one unit not in operation (b) Long-term storage or disposal provisions as specified in Section *3341. Article 10. Alternative Reliability Requirements for Uses Requ=' * g Oridized, Disinfected Wastewater or Oxidized, Coagulated, Clarified, is dtered, Disinfected Wastewater 60141. Emergency Storage or Disposal. (a) Wbere short-term re- tention or provisions ase sed as s reliability feature these shall consist of fa ties reserved for the purpose of storing or I;Qa g of untreated or partially treated wastewater for at least a 24-hour period- The eriodThe facilities shall include all the necessary diversion dcvices, provi- sions for odor control, conduits, and pumping and pump back equip- ment. All of the equipment other than the pump back equipment shaIl be either independent of the normal power supoy or provided with a standby power source - (b) Where long-term storage or disposal provisions are used as a re"biiity feature. these shall consist of ponds, reservoirs, percolation areas, downstream sewers leading to other treatment or disposal facili-, ties or any other facilities reserved for the purpose of emergent-L.=r- age or disposal of untreated or paztiifly treated wastewater. These facilities shall be of sufficient capacity to provide disposal or storage of wastewater for at least 20 days, and shall 'include all the necessary diversion works, provisions for odor and nuisance control, conduits, and pumping and pump back equipment. All of the equipment other than - the pump back equipment shall be either independent of the normal power supply or provided with a standby power sourer:. (c) Diversion tot less demanding reuse is an acceptable alternative to emergency disposal of partially treated wastewater provided that the quality of the partially treated wastewater is suitable for the less de- manding reuse. d( ) Subject to prior approval by the regulatory agency, diversion to a discharge point which requires lesser quality of wastewater is an acceptable alternative to emergency disposal of partially treated waste- water. (e) Automatically actuated short-term retention or disposal provi- sions and automatically actuated long-term storage or disposal provi- sions shall include, in addition to provisions of (a), (b), (c), or (d) of this section, all the necessary sensor, instrumenu, valves and other devices to enable fully automatic diversion of untreated or partially treated wastewater to approved emergency storage or disposal in the event of failure of ] treatment proctss, and a manual reset to prevent automatic restart until the failure is corrected i ms SOCIAL SEc URM . TITLE 22 . (oan. a N., 60343. Prinury Treatment. All primary treatment unit processes sh211 be R�one ded with one of the following reliability featuret (a) J+(e primary treatment units capable of producing primary e{ cent unit not in operation. (b) Standby primary treatment unit process. (c) Long-term storage or disposal provision 6034S. Biological Treatment All biological treatment writ pro,- esses shall be provided with one of the following relWxlity —features: (a) Alarm and multiple biological treatment units capable of produc- ing czidized wastewatm with one unit not' in operation. (b) Alarm. short-term retention or disposal provisions, and standby replaceinent egU1 L (c) Alarm grid long -terra storage or disposal provisions - (d) Automatically actuated bag -term storage or disposal provisions. 6034T. Secondary Sedimentation. All secondary sedimentation unit proccsxs shall be provided with one of the following reliability fe2tWM (a) Multiple sedimentation units capable of treating the entire flow with one unit not in operation. (b) Standby sedimentation unit process. (c) Long-term storage or disposal provisions. 5034.& coagulation. (a) All coagulation unit processes shall be provided with the follow- ing mandatory features for uninterrupted coagulant Fred: (1) Standby feeders, (2) Adequate chemical stowage and conveyance facilities, (3) Adequate reserve chemical supply, sand (4) Automatic dosage control. (b) All coagulatma unit processes shall be provided with ooe of the following reliability features: (1) Alarm and multiple coagulation units capable of treating the endm flow with one unit not in operation; (2) Alarm, short-term retention or disposad provisions, and stand- by replarementpment: (3) Alarm and Jong -term storage or disposal proviskx= (4) AutomaticaIIy actuated long-term storage or disposal provi- sions, or (3) Alarm and standby coagulation procc= 6=L Filtratioc- Al filtration unit processes shall be provided with one of the following reliability f =Mures (a) Alarm and multiple filter units capable of treating the entire flow vvftb one unfit not in operation. (b) Alam, short-term retention or dispnsa( provisions and standby replaceasent equipment_ TITLE = F_\XIR0N.4117AL HFALTH § (Regn1 r ax (P. 1609) (c) Alarm and long-term storage or disposal provisions (d) Autorruttical)y actuated long-term stooge or disposal proNisions (e) Alarm and standby filtration unit proses. 8rria'3. Disinfection. (a) All disinfection unit processes where chlorine is used as the disinfectant shall be prodded with the following features for uninterrupted chlorine feed: (1) Standby chlorine supply, (2) Manifold rvstems to connect chlorine cylinders, (3) Chlorine sales, and (4) Automatic dews for switching to full chlorine cylinders Automatic residual control of chlorine dosage, automatic measuring and re- cording of chlorine residual, and hydraulic performance- studies may also be required (b) .0 disinfection unit processes where chlorine is used as the disinfectant shall be provided with one of the following reliability features (1) Alarm and standby chlorinator, (2) Alam-, short-term retention or disposal provisions, and standby replace- mentegluipmenL (3) .'Jum fd long-term storage or disposal provisoas; (4) Automatically actuated long-term storage or disposal provisio= or (5) Alarm and multiple point chlorination, each with independent power murcc, separate chlorin tor, and separate chlorine supply. M=Z Other Alternatives to Reliability Requirements Other alternat es to reliability requirements set forth in Articles 8 to 14 may be accepted if the applicant demonstrates to the satisfaction of the State Do- partunent of Health that the proposed alternative will assure an equal deprre of relubiliry- NOM Authoritc• cited: Section M& Health end S; fen• Codes and Section 11:i2L Water Code. Referrncr. Sections 13SM and 135:1. Water Codc. ritSTORY; L. ;e - \OT f k-d 15184 (Register 84. Na. 491. Article 11. Other Methods of Treatment 6D3J"7. Other Methods of Treatment. XOTF_ Authority cited: Section ^.98. Hcdth and Safe• Code and Section 13521, M'ate'r Code. Reference: Section 13M. Water Cede. IIISTORY. 1. Renumbering of Article 11 (Section 6MVI to Article 5-5 (Section 6M20 -5i filed 9-2°•7& effective thirtieth da}• thercdter (Regiucr 78, So. 18.) For histor% of fonncr Article 11. set Registers 75. No. 14 and 77, No. L