HomeMy WebLinkAboutWSA-WVWD_LetterToWVWD-20141022825 East Third Street, San Bernardino, CA 92415-0835 1 Phone: 909.387.8104 Fax: 909.387.8130
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SAN BERNARDINO Department of Public Works Gerry Newcombe
COUNTY Director
• Environmental &Construction •Flood Control
• Operations • Solid Waste Management
• Surveyor • Transportation
October 22, 2014
West Valley Water District File: 2-104/2.04
855 West Baseline Road
P O Box 820
Rialto, CA 92377-0920
Attn: Thomas J. Crowley, Assistant General Manager
RE: WEST VALLEY WATER DISTRICT WATER SPREADING AGREEMENT NO. 12-1006
Dear Mr. Crowley:
As per our conversation today the San Bernardino County Flood Control District (District) is directing the
West Valley Water District (WVWD) to cease and desist any and all water discharge and water spreading
activities in Cactus Basin No. 2. The term of Agreement No. 12-1006 between the WVWD and the
District was for 12 months, thereby giving the Agreement an expiration date of December 18, 2013.
Since the Agreement has expired and in view of the fact that your agency has exceeded the amount of
water allowed to be spread under the Agreement by approximately 127 acre feet, this letter serves as a
formal notice to cease and desist from any and all water spreading activities within Cactus Basin No. 2.
This notice shall remain in effect until such time that a new Agreement can be put in place.
The District is in receipt of your letter to Ken Eke dated October 9, 2014 regarding the above referenced
subject matter. In your letter you requested that the District amend the above referenced Water
Spreading Agreement (Agreement) to allow for additional testing of your Agency's treatment facility.
Since the current agreement is expired it cannot be amended. A new agreement will need to be
developed. As indicated in your letter, on December 18, 2012, the Board of Supervisors of the San
Bernardino County Flood Control District approved agreement No. 12-1006 between the District and
West Valley Water District (WVWD) to allow the temporary spreading of treated water in District's Cactus
Basin No. 2. You also noted that the Agreement allowed for an amount of water to be spread not to
exceed one thousand one hundred ninety-three (1,193) acre feet. You further indicated that as of
September 30, 2014 your treatment facility had discharged approximately 1,320 acre feet of water over a
period of 199 days. The District considers any discharge and water spreading that has occurred since
the expiration of the Agreement to have been unauthorized by the District.
As you aware, an underground perchlorate contaminant plume lies within close proximity to Cactus Basin
No. 2 and the District has concerns regarding the impact of WVWD's unauthorized discharge into the
basin. Please note that in the Agreement, WVWD agreed to indemnify and hold harmless the District
from any and all claims arising for using Cactus Basin No. 2 to discharge and spread water and it is the
West Valley Water District
October 22, 2014
Page 2 of 2
District's expectation that WVWD will continue to do so should any claims result from the unauthorized
discharge of water in the basin.
In order to process a new agreement the District is requesting that WVWD provide the following
information:
1) An analysis that the amount of water discharged to date in Cactus Basin No. 2 has had no
adverse impact on the underground perchlorate plume.
2) Concurrence from the United States Environmental Protection Agency and the Santa Ana
Regional Water Quality Control Board that the amount of water discharged to date has had no
adverse impact on the perchlorate plume.
3) An analysis regarding the impact of the proposed recharge of an additional 1,598 acre foot on the
perchlorate plume.
4) Letters from the United States Environmental Protection Agency and the Santa Ana Regional
Water Quality Control Board approving the new quantity of proposed water to be recharged in
addition to the new duration of the discharge.
5) Copies of all data regarding the weekly quantity of water discharged in the basin per section II. E
of the Agreement.
6) Copies of all of all data regarding well water level measurements and water quality samples per
section Il. 1 of the Agreement.
7) Copies of all measurements regarding depth of ponded water in Basin No. 2 as outlined in
section II. L of the Agreement.
Once the items outlined above have been addressed to the satisfaction of the District, and the District
has finished its own review and pending no issues that would preclude the proposed recharge, a new
agreement will be sent to WVWD for signature then placed on the Board of Supervisors calendar with a
recommendation for approval. The new agreement will include a provision for a payment of $30,000 to
the District for the proposed additional use of Cactus Basin No. 2 for recharge of the treated water.
If you have any questions regarding the above, please contact the undersigned at (909) 387-7918.
YV
ely, BLAKESLEE P.E.
Deputy Director - Flood Control
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cc: Gerry Newcombe, Director of Public Works
Brandon Biggs, P.E., Deputy Director— Operations
Melissa Walker, P.E., — Chief of Permits
Ken Eke, P.E., - Chief, Flood Control Planning and Water Resources