25E - PFAS TREATMENT FACILITIES - Laserfiche WebLink

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Approve PFAS Treatment Facilities Agreement with OCWD May 19, 2020 Page 2 In response, the OCWD has developed, and is implementing through this agreement and other actions, a new program that will allow the OCWD to treat groundwater containing PFAS. The OCWD will coordinate and fund planning and treatment pilot studies and design efforts to evaluate different treatment technologies. The OCWD will then fund the construction costs as well as a portion of the operation and maintenance costs of approved PFAS treatment systems in the Basin. By executing this agreement, the OCWD will provide the funding, design, construction, and operation of PFAS treatment facilities for affected Santa Ana groundwater wells. Other affected groundwater producers, who together with Santa Ana have negotiated the agreement with the OCWD, will also execute this agreement. The agreement memorializes the legal duties and obligations of the parties in the construction and operation of PFAS treatment systems. Each groundwater producer, including Santa Ana, will operate, maintain, and repair its treatment system, and any affected well, for a period of 30 years or until water produced from the impacted well meets RLs or MCLs. For operational and maintenance costs going forward, the OCWD will reimburse each producer, including Santa Ana, for 50% of allowable costs, up to $75/acre-foot of water treated by the treatment system. The OCWD anticipates commencing cost recovery litigation against those parties responsible for placing PFAS into the stream of commerce and/or the environment where it could make its way into the basin. By separate agreement, the groundwater producers signing this agreement including Santa Ana, intend to participate in this litigation with the OCWD in order to receive a proportional share of any monetary or other relief obtained, if any. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT The environmental impact associated with this action is unknown at this time. It is anticipated that any projects associated with this action will be covered by a Categorical Exemption under the California Environmental Quality Act (CEQA). Either the City or the OCWD will serve as the lead agency for the purpose of complying with CEQA. The OCWD shall fund CEQA expenses incurred in connection with the treatment systems, whether it serves as the Lead Agency or as a Responsible Agency. FISCAL IMPACT There is no fiscal impact associated with approving the agreement. The OCWD will fund the design, construction, and a portion of the operations and maintenance functions for the 30-year term. The estimated annual cost to operate the facilities is $170,000 to $1,640,000, based on the number of facilities in operation. The City's portion of the costs to operate the water system will be borne by the Water Enterprise and budgeted in future fiscal years. ►69N11.11VZ Exhibit: 1. PFAS Treatment Facilities and Program Agreement 25E-2