POLICY REGARDING WASTE DSICHARGER'S RESPONSIBILITES TO DEVELOP AND IMPLEMENT CONTINGENCY PLANS TO ASSURE CONTINUOUS OPERATION OF FACILITIES FOR THE COLLECTION, TREATMENT, AND DISPOSAL OF WASTE

WHEREAS, this Regional Board has adopted policies and requirements stating its intent to protect the beneficial water uses within the San Francisco Bay Region and prohibiting the discharge of untreated or inadequately treated wastes; and

WHEREAS, conditions including process failure, power outage, employee strikes, physical damage caused by earthquakes, fires, vandalism, equipment and sewer line failures, and strikes by suppliers of chemicals, etc., or maintenance services can result in the discharge of untreated or inadequately treated wastes; and

WHEREAS, the development and implementation of contingency plans for the operation of waste collection, treatment, and disposal facilities under such conditions should insure that facilities remain in, or are rapidly returned to, operation in the event of such an incident and measures are taken to clean up the effects of untreated or inadequately treated wastes.

NOW, THEREFORE BE IT RESOLVED, that this Regional Board will require each discharger as a provision of its NPDES Permit to submit within 120 days after the adoption of the permit a contingency plan acceptable to the Regional Board's Executive Officer to include at least the following:

1. Provision of personnel for continued operation and maintenance of sewerage facilities during employee strikes or strikes against contractors providing services.
2. Maintenance of adequate chemicals or other supplies and spare parts necessary for continued operation of sewerage facilities.
3. Provisions of emergency standby power.
4. Protection against vandalism.
5. Expeditious action to repair failures of or damage to equipment and sewer lines.
6. Report of spills and discharges of untreated or inadequately treated wastes including measures taken to clean up the effects of such discharges.
7. Programs for maintenance replacement and surveillance of physical condition of equipment, facilities, and sewer lines.

BE IT FURTHER RESOLVED, pursuant to Section 13267 and 13268, dischargers with NPDES Permits now in effect are required to develop and submit a contingency plan as described above, by December 1, 1974.

BE IT FURTHER RESOLVED, that the discharge of pollutants in violation of an NPDES Permit where a discharger has failed to develop and implement a contingency plan as described above will be the basis for considering the discharge a willful and negligent violation of the Permit and action pursuant to Section 13387 of the California Water Code.

BE IT FURTHER RESOLVED that it is the intent of the Regional board to eventually require all waste dischargers in the San Francisco Bay Region to develop contingency plans, and those not specifically covered by this resolution are urged to voluntarily develop and implement plans including the above named elements.

I, Fred H. Dierker, Executive officer, do hereby certify the foregoing is a full, true and correct copy of a Resolution adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on July 16, 1974.