To: Contra Costa County Flood Control and Water Conservation District
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: ADOPT Resolution authorizing the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute the amended Contra Costa County Clean Water Program Inspection Activities Agreements.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (Flood Control District), ADOPT Resolution authorizing the Chief Engineer, or designee, to execute the amended Contra Costa Clean Water Program (CCCWP) Inspection Activities Agreements (Inspection Agreements) between the cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, El Cerrito, Hercules, San Pablo, Antioch, and Pittsburg and their respective Sanitary Sewer District: Central Contra Costa Sanitary Sewer District, West County Wastewater District, and Delta Diablo Sanitation District; and the Flood Control District, Countywide.
FISCAL IMPACT:
There is no immediate fiscal impact. Costs will be allocated to each participating agency. (100% Stormwater Utility Funds) Project No 7519-6X7612
BACKGROUND:
The CCCWP was established in 1991 to enable Contra Costa County, its cities and towns, and the Flood Control District to jointly comply with stormwater regulations under the National Pollutant Discharge Elimination System (NPDES) stormwater permit. As part of the Municipal Regional Stormwater Permit (MRP), municipalities are required to conduct stormwater inspections of commercial and industrial facilities. The cities contract with their Sanitary Sewer Districts under the CCCWP Inspection Agreement.
The amendment of the CCCWP Inspection Agreement is critical to ensure continued compliance with the MRP 3.0, which became effective on May 11, 2022, and introduced new and enhanced requirements for Provision C.4 - Commercial and Industrial Site Controls. These updates significantly expand inspection obligations for permittees, including the following:
• Inspection Frequency and Coverage: MRP 3.0 requires periodic inspections of commercial and industrial facilities to verify stormwater Best Management Practices (BMPs) and pollutant source controls.
• Enhanced Documentation and Reporting: The permit mandates detailed tracking of inspection findings, corrective actions, and follow-up activities, which must be accurately reported in annual compliance reports.
• Expanded Facility Categories: Additional facility types are now subject to inspection requirements, increasing both the workload and complexity for individual permittees.
• Integration with Enforcement Protocols: MRP 3.0 emphasizes timely enforcement actions for noncompliance, requiring coordinated efforts and consistent application of enforcement procedures across jurisdictions.
The existing CCCWP Inspection Agreement, which facilitates shared inspection services through Central Contra Costa Sanitary District, West County Wastewater District, and Delta Diablo Sanitation District (Inspection Agencies), has been instrumental in meeting these obligations efficiently and cost-effectively. Without an amended CCCWP Inspection Agreement, individual permittees would face significant challenges in maintaining compliance, including the following:
• Resource Constraints: Many jurisdictions lack the staffing capacity and technical expertise needed to independently carry out the expanded inspection requirements and documentation requirements under MRP 3.0.
• Cost Implications: The shared services model reduces duplication of effort and achieves economies of scale, minimizing overall program costs for participating agencies.
• Continuity of Compliance: The amended CCCWP Inspection Agreement ensures continued inspection activities in compliance with NPDES permit conditions.
The amended CCCWP Inspection Agreements incorporate administrative updates, improvements to the invoicing procedure, backup staffing provisions, and alignment with MRP 3.0 requirements. Together, these updates ensure that the CCCWP Inspection Program remains a robust and collaborative mechanism for compliance. Additionally, a provision allowing the existing CCCWP Inspection Agreement to remain in effect until the amendment is fully executed will safeguard against service interruptions during the transition period.
There are three amended CCCWP Inspection Agreements, one for each of the Inspection Agencies, and two different versions of the CCCWP Inspection Agreement template. A comparison of the two versions, identified as A and B, is summarized in the attached table.
CONSEQUENCE OF NEGATIVE ACTION:
If the County declines to participate in the amended CCCWP Inspection Agreement, Contra Costa municipalities would be responsible for securing independent contracts with the respective sanitary sewer districts and for assuming full compliance responsibilities.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF approving amended Contra Costa Clean Water Program (CCCWP) Inspection Activities Agreements (Inspection Agreements) between the cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, El Cerrito, Hercules, San Pablo, Antioch, and Pittsburg and their respective Sanitary Sewer Districts: Central Contra Costa Sanitary Sewer District, West County Wastewater District, and Delta Diablo Sanitation District; and the Contra Costa County Flood Control and Water Conservation District (Permittees).
The Board of Supervisors of Contra Costa County RESOLVES THAT;
WHEREAS, the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, NPDES Permit No. CAS612008 issued by the San Francisco Bay Regional Water Quality Control Board (Municipal Regional Permit), requires Permittees to conduct inspections of certain industrial and commercial businesses as part of their municipal stormwater program;
WHEREAS, Central Contra Costa Sanitary Sewer District, West County Wastewater District, and Delta Diablo Sanitation District (each an Inspection Agency) also conduct inspections of certain industrial and commercial businesses as part of its wastewater regulatory obligations;
WHEREAS, efficiencies can be achieved by having the Inspection Agency conduct stormwater inspections on behalf of the Permittees concurrently with Inspection Agency’s wastewater inspections, which benefits the cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, El Cerrito, Hercules, San Pablo, Antioch, and Pittsburg and their regulated businesses;
WHEREAS, the Contra Costa County Flood Control and Water Conservation District (Flood Control District) provides administrative support and funding for the inspections;
WHEREAS, the Flood Control District, the Inspection Agency, and cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, El Cerrito, Hercules, San Pablo, Antioch, and Pittsburg have been coordinating inspections in a similar manner since 2009; and
WHEREAS, the Contra Costa County Board of Supervisors desires to continue the inspection program with the Flood Control District and the Inspection Agency under an amended CCCWP Inspection Agreement among the three parties.
NOW, THEREFORE BE IT RESOLVED, that the County Board of Supervisors does resolve, declare, determine, and order as follows:
Section 1. The County Board of Supervisors hereby approves the amended CCCWP Inspection Agreements between the Flood Control District, the Inspection Agency, and the cities/towns of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, El Cerrito, Hercules, San Pablo, Antioch, and Pittsburg.
Section 2. The Board of Supervisors of Contra Costa County hereby authorizes and directs the Chief Engineer, Flood Control District, or designee, to execute the amended CCCWP Inspection Agreements.