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HomeMy WebLinkAboutWSA-WVWD_LetterToWVWD-20141022825 East Third Street, San Bernardino, CA 92415-0835 1 Phone: 909.387.8104 Fax: 909.387.8130 wwnv.5i3Countv.aov 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 KBB:KCE:da 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