Controls Maint Agmt Stormwater Treatment 06092017

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maintenance plan shall include a detailed description of and schedule for long-term maintenance activities. SECTION 4: SEDIMENT MANAGEMENT Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) and HM controls (if any) will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Treatment Measure and HM Control Operation and Maintenance Inspection Report (annual report), attached to this agreement as Exhibit D. The annual report shall include all completed Inspection and Maintenance Checklists for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) and HM controls (if any) have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year, under penalty of perjury, to the City Engineer, 835 East 14th Street, San Leandro, CA 94577 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) and HM controls (if any) in the annual report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) and HM controls (if any) before the wet season. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required by the maintenance plan (Exhibit C). The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s) attached as Exhibit D. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and HM controls (if any) and/or the long-term maintenance plan (Exhibit C) as may be determined as reasonably necessary by the City to ensure that treatment measures and HM controls (if any) are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (Regional Water Board); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) and HM controls (if any) in order to ensure that treatment measures and HM controls (if any) are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the City's stormwater management ordinance, guidelines, criteria, other written direction, or the MRP (Regional Board Order R2-2015-0049, and any amendments or reissuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the ordinance guideline, criteria or other written direction. Whenever possible, the City, Regional Water Board, or the Mosquito Abatement District shall provide reasonable notice, and in no event fewer than 48 hours except in case of emergency, to the Property Owner before entering the property. 3 K:\OAK_LOEV\197051001 -Williams Street-OCT San Leandro\KHA Reports & Documents\Stormwater\O&MIO&M Agreement_ Williams.doc