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Pecernber 9, 1993
THE HONORABLE CITY COUNCIL
Palo Alto, California
Status of Negotiations on CQPper~~ducti9n5 from Ci!Y~tor_m Water
and Wastewater Discharges
Members of the Covncil:
Report in Brief
This is an informational report advising Council of ~he status cf
preparation of a Memorandum of Understandin.g among local government
entities in Santa Clara Count.y conce.rnin'3" the discharge of Copper
to San Francisco Bay_ No action by Council is required.
Background
The July "1.993 discharge permit issued to the Re:gioniill Water Quality
Control Plant (RWQCPi re~Jires the City to substantially reduce the
copper content of the RWQCP discharge to San Francisco Bay. In
addition, the Permit requires the City to negotiate with other
Santa Clara County local government entities and prepare a plan for
an additional .:::opper discharge reduction of 950 pounds per year.
about 5 percent of Santa Clara Ccunty's total ave.r-age annual copper
discharge to the Bay. This report focuses specifically on the
planning for the additlcnal 95Q pound Countywide copper discharg~
reduction.
Discussion
In o.der to achieve the Countywide copper discharge reduction. all
of the Santa Clara Valley Non-Feint Source Program co-permittees
and the three waste·.-rater treatment plants will likely need to take
specific actions. To develop a plan for achieving the required
disc!'"....arge reduction. the Santa Clara Valley Water District convened
the ·South Bay Ccpper Reduction Dialogue,· with the intent of
ootaining broad support for the plan. The Copper Dialogue i.ncludes
representatives of the Non-Point Source Program, the three cities
with ·..,aste'wfater treatment plants (San ~ose, Sunnyvale and Palo
Alto), the Regional Water Quality Control Board, area businesses
and environmental groups.
Through the Copper DialoTJe, the participating agencies intend to
develop a Memorandum of Vnderst03nding (MO'J) detailing the jOint
plan to achieve the required copper reduction. While the group has
not selected a final format for the MOU, it is anticipated to
contain the following elements:
CMR.!614:93 -1-
" _____ " .. _o~ __ _
• a table identifying sources of copper discharge to San
Francisco 8ay from the Count)';
• a list of actions that ...,ill be taken by the local
government e:r..tities to control ccpper discharges (examp!e
at tached) ;
• principles fer all::Jcation of programmatic and financial
responsibility for pilot pr':lg.!"ams, source central p::-ogram
development, and implementation of control measures;
• protocols for monitoring the dis=harge redu~tions;
e procedures for reporting progress with the plan's
implementation;
• a road map for implementation of the plan;
• a procedure for revisiting elements of the agreement as
more i~forrnation is obtained about the cost~ efficacy~
and feasibility of control measures; and
• draft permit conditions that allow the Regional Water
Quali~y Concrol Board to enforce the agreement.
A draft MOU will be submitted to Council as soon as it is prepared
(probably in January). Any guidance from Council io."ill be followed,
and a final MOU ~ill be p~epared and returned to Council as soon as
possible. The MOU w] 11 constitute the plan required by the
discharge permit and will be submi tted to the Regional Water
Quality Control Board (Regional Board) following action by Council.
It does not appear that ~he current deadline {January 30, 1994) for
pla."TJ. submittal allows sufficient time for action by all of the
various political jurisdictions in the County. Therefore.. an
extension of several mont.h.3 is likely to be requested and obtained
due to the unique nature of this plarilling effort.
Staff does not ~.ticipate that action items in the MOU will require
budget changes in the current fiscal year. It is not yet certain
whether FY 1994-1995 actic·n items would requi.r'e revisions to the
budget now being prepared. Staff will report on any such issues
during the upcoming budg~t process.
Respectfully submitted
Kd{D. 1Vl ____
!CELL YD. MORAN
Manager, Environmental
Control Programs
iJ-jJ f?L.r
GLENN S. ROBERTS
Director of Public works
CMR,614 ,93 -2-
PHILIP BGBEL
M~~ager, Environmental
Compliance Division
BER..~ARD M. STROJNY
Assist~nt City Manager
b~1
Status New Renearch Narrative Evaluation
Goal/Data Description of Criteria .Forecast
Program Desi~n or COntrol Strategy -Reduction
Program ·Unit Cost.
current Under Under Implementa.tion ·other Development Resea.roh Environmental
Impacts
PRODUCT suaSTITUTION
b coppor-bea:rin brake pads -.-----
X • Complete SCV NPS • r;liru.inate use • Reduction
program study to of copper estimat.es
determine a~ount of bear inq brake will come
copper coming from pads. trom 5CV NPS
brake pads:. study.
• Evaluate above study
and, if appropriate,
-Draft state
legislation to ban
after market
repairs witn
offending pad£;,
·Consider
feasibility of
local bans.
'i •.
I
-Requas~ state or
Fe,deral study to
I
ensure
availability and
i safety of non-
_L.
copper pads.
-Request ePA to ban
COppel: pads in new
cars,