HomeMy WebLinkAbout5 - Agreement for Operation of Green Acres Project Intertie and Outfall Connection (Operation Agreement)Council Meeting 03-23-98
Agenda No. 5
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
March 23, 1998
MAR 2 3 LAI
APPROVED
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: AGREEMENT FOR OPERATION OF GREEN ACRES
PROJECT INTERTIE AND OUTFALL CONNECTION
(OPERATION AGREEMENT)
BACKGROUND
In 1995, IRWD submitted an application to the Santa Ana Regional Water
Quality Control Board for a permit authorizing implementation of the Wetland
Water Supply Project (WWSP). The WWSP involves IRWD's use of excess
reclaimed water to irrigate duck ponds and marsh mitigation areas during the wet
season (October 1" through March 31") and the discharge of up to 5mgd of
reclaimed water into San Diego Creek and Upper Newport Bay. In July 1996,
IRWD, OCWD and the City negotiated an Agreement (Intertie Agreement) which
required the districts to construct facilities necessary to transmit up to 7.8mgd of
reclaimed water from IRWD's Nicholson Water Reclamation Plant to OCWD and,
ultimately, the County Sanitation District of Orange County (CSDOC). The
Intertie Agreement also prohibited IRWD from discharging reclaimed water in the
short term subject to certain conditions and created a framework for further
agreement that could result in a long term prohibition of reclaimed water
discharges into San Diego Creek. The Operation Agreement and the
construction of a connection between the reclaimed water pipeline and the
CSDOC outfall that would allow excess reclaimed water to be lawfully
discharged are conditions to the short term and long term prohibitions against
the discharge of reclaimed water into Upper Newport Bay.
Mayor and Councilmembers
March 23, 1998
Page 2
ANALYSIS
The primary purpose of the Operation Agreement is to establish
procedures for the transmission of reclaimed water from IRWD to OCWD and the
discharge of excess reclaimed water through the CSDOC outfall. The
Agreement obligates the City and IRWD to each pay fifty percent (50%) of the
"outfall connection operating cost" which is estimated to be ten thousand dollars
($10,000) per year. Staff is hopeful that IRWD will assume one hundred percent
(100%) of the outfall operating costs pursuant to an Agreement which would
prohibit the discharge of reclaimed water from WWSP facilities for a period of
fifteen (15) years.
RECOMMENDATION
We recommend the City Council approve the Operation Agreement and
authorize staff to negotiate with IRWD for their payment of all outfall operating
costs in conjunction with an agreement which prohibits the discharge of
reclaimed water for a period of fifteen (15) years.
061bert H. Burnham
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