21 ATTACHMENT 3 - Laserfiche WebLink

26 Key Provisions. The EBDA Agreement includes the following provisions:  LAVWMA is authorized by EBDA to connect its wastewater line to EBDA’s System along EBDA’s force main north of the Oro Loma Pump Station and south of the Marina Outfall and to discharge its treated wastewater in and through the EBDA force main subject to the provisions, limitations and conditions of the EBDA Agreement.  LAVWMA has the right to discharge a total of 41.2 mgd PWWF (peak wet weather flow) into the EBDA System, which right consists of Firm Capacity of 19.72 mgd and 21.48 mgd of “Interruptible Capacity.” “Interruptible Capacity” is defined as the capacity which exceeds LAVWMA’s Firm Capacity of 19.72 mgd and which is restricted by the ability of EBDA’s Oro Loma Effluent Pump Station to pump the flow from the southern portion of the system (from Union, Hayward, and Oro Loma) against the flow from the northern portion of the system (from LAVWMA and San Leandro) and the tide.  LAVWMA must provide disposal options for all interruptible flows in accordance with the measures and timetables described in LAVWMA’s certified Environmental Impact Report for its Export Expansion Project and in compliance with current and future National Pollutant Discharge Elimination System (“NPDES”) permits; provided, however, the disposal options must be capable of allowing LAVWMA to immediately interrupt its flow above 19.72 mgd when requested by EBDA and must be fully operational so as to coincide with increases in PWWF of LAVWMA member agencies. LAVWMA’s wet weather discharge facilities to San Lorenzo Creek with a permitted capacity of 21.5 mgd fulfill this requirement. See “- Permits and Regulations” below for information about LAVWMA’s disposal options.  In the event that the EBDA System is damaged or destroyed by causes beyond the control or responsibility of EBDA such that LAVWMA flows covered under the EBDA Agreement cannot be accommodated in the EBDA System, EBDA will not be liable to LAVWMA or its member agencies for failure to provide the services. EBDA will use its best efforts to repair its system and restore service within a reasonable time.  LAVWMA must discharge its wastewater into EBDA’s facilities such that its treated wastewater complies with all NPDES permit requirements imposed upon EBDA as well as any NPDES permit requirements imposed directly upon LAVWMA or its member agencies by any regulatory agency. EBDA will perform the dechlorination requirements imposed by both federal and state agencies, and LAVWMA will reimburse EBDA for dechlorination costs.  Prior to discharging its wastewater into EBDA’s force main system, LAVWMA maintains the right to market its wastewater for recycling purposes within EBDA’s service area. LAVWMA’s water recycling projects are limited to those that are in the corridor of its existing pipeline through EBDA’s service area. All flows diverted from the LAVWMA pipeline for recycling purposes within EBDA’s contiguous service area will not be deducted from the total reported flow exported from the LAVWMA service area. Recycled flows diverted within either service area will not reduce or increase LAVWMA’s capacity allocation in the EBDA System.  LAVWMA will be responsible for its share of all costs of EBDA, except those costs specifically associated with the Union Effluent Pump Station (UEPS), Hayward Effluent Pump Station (HEPS) and their associated force main sections, including operations, maintenance, administration, studies, reports, and renewal and replacement of equipment including equipment covered by EBDA’s Renewal and Replacement Program. The following table lists LAVWMA’s payments to EBDA for operation costs over the past five fiscal years.