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Stormwater Agreement_07.24.2023
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Stormwater Agreement_07.24.2023
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7/26/2023 3:31:31 PM
Creation date
7/26/2023 3:30:16 PM
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CM City Clerk-City Council
Document Date (6)
7/24/2023
Recorded Document Type
Stormwater Treatment
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PERM
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Adequate maintenance is herein defined as maintaining the described facilities in good working <br />condition so that these facilities continue to operate as originally designed and approved. The <br />maintenance plan shall include a detailed description of and schedule for long-term maintenance <br />activities. <br />SECTION 4: SEDIMENT MANAGEMENT <br />Sediment accumulation resulting from the normal operation of the stormwater treatment <br />measure(s) and HM controls (if any) will be managed appropriately by the Property Owner. The <br />Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of <br />accumulated sediments shall not occur on the Property, unless provided for in the maintenance <br />plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all <br />federal, state and local law and regulations. <br />SECTION 5: ANNUAL INSPECTION AND REPORT <br />The Property Owner shall, on an annual basis, complete the Treatment Measure and HM <br />Control Operation and Maintenance Inspection Report (annual report), attached to this agreement as <br />Exhibit D. The annual report shall include all completed Inspection and Maintenance Checklists for <br />the reporting period and shall be submitted to the City in order to verify that inspection and <br />maintenance of the applicable stormwater treatment measure(s) and HM controls (if any) have been <br />conducted pursuant to this agreement. The annual report shall be submitted no later than December <br />31 of each year, under penalty of per jury, to the Director of Public Works, 14200 Chapman Road, San <br />Leandro, CA 94578 or another member of the City staff as directed by the City. The Property Owner <br />shall provide a record of the volume of all accumulated sediment removed from the treatment <br />measure(s) and HM controls (if any) in the annual report. The Property Owner shall conduct a <br />minimum of one annual inspection of the stormwater treatment measure(s) and HM controls (if any) <br />before the wet season. This inspection shall occur between August 151 and October 1st each year. <br />More frequent inspections may be required by the maintenance plan (Exhibit C). The results of <br />inspections shall be recorded on the Inspection and Maintenance Checklist(s) attached as Exhibit D. <br />SECTION 6: NECESSARY CHANGES AND MODIFICATIONS <br />At its sole expense, the Property Owner shall make changes or modifications to the <br />stormwater treatment measure(s) and HM controls (if any) and/or the long-term maintenance plan <br />(Exhibit C) as may be determined as reasonably necessary by the City to ensure that treatment <br />measures and HM controls (if any) are properly maintained and continue to operate as originally <br />designed and approved. <br />SECTION 7: ACCESS TO THE PROPERTY <br />The Property Owner hereby grants permission to the City; the San Francisco Bay Regional <br />Water Quality Control Board (Regional Water Board); the Alameda County Mosquito Abatement <br />District (Mosquito Abatement District); and their authorized agents and employees to enter upon the <br />Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater <br />treatment measure(s) and HM controls (if any) in order to ensure that treatment measures and HM <br />controls (if any) are being properly maintained and are continuing to perform in an adequate manner <br />to protect water quality and the public health and safety. This includes the right to enter upon the <br />Property when it has a reasonable basis to believe that a violation of this Agreement, the City's <br />stormwater management ordinance, guidelines, criteria, other written direction, or the MRP <br />(Regional Board Order R2-2015-0049, and any amendments or reissuances of this permit) is <br />occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the <br />Property when necessary for abatement of a public nuisance or correction of a violation of the <br />ordinance guideline, criteria or other written direction. Whenever possible, the City, Regional Water <br />Board, or the Mosquito Abatement District shall provide reasonable notice to the Property Owner <br />3 <br />\\Hay-file\general\Correspondence\2014 JOBS\2140132 CI\Stormwater 0&M\Combined Phase\2140132 SLTC Combined Phase 0 & M Agreement.doc <br />
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