January 6, 2004

SUBJECT: Consultant Services with Eisenberg, Olivieri, & Associates, Inc. (EOA) for Implementation of 2003 NPDES Permit and Related Technical Services

REPORT IN BRIEF

In August 2003, the Regional Water Quality Control Board issued a new, five-year National Pollutant Discharge Elimination System (NPDES) permit to the City of Sunnyvale for the discharge of treated wastewater to the Guadalupe Slough.  This new permit, similar to past permits, includes effluent limitations on metals, organic constituents, toxicity, and other biological and physical constituents, as well as requirements for the completion of technical studies related to certain pollutants of concern.

In order to meet permit requirements over the past three permit cycles, including related technical studies, and to provide the necessary technical expertise for successful operation of the Water Pollution Control Plant, the City has hired the engineering firm of Eisenberg, Olivieri, & Associates, Inc. (EOA).  This has proven to be a cost-efficient and highly effective way to retain the specialized expertise necessary to meet all of the numerous and varied permit requirements. The staff of EOA possess background in both technical and regulatory areas key to the City that are not easily found at other engineering firms.  Their understanding of the City’s issues, the water pollution control plant itself, and very good working relationships with not only City staff but with members of the environmental community, other local agencies, and the staff of the Regional and State Boards and EPA uniquely qualify them for this role and make them a very valuable asset to the City.

The term of the current contract is set to expire on January 31, 2004. It is recommended that Council award a five-year contract to Eisenberg, Olivieri and Associates, Inc., to provide technical services relating to the City's NPDES Permit.

BACKGROUND

The Clean Water Act requires that discharges to waters of the State and the Unites States be permitted under the National Pollutant Discharge Elimination System (NPDES).  For discharge of its treated wastewater into the Moffett Channel, tributary to the Guadalupe Slough and South San Francisco Bay, the City of Sunnyvale is issued an NPDES permit by Region 2 of the California Regional Water Quality Control Board. The NPDES permit contains waste discharge requirements for the WPCP’s effluent and is issued for a five year period.  The most recent permit was adopted by the Regional Board in August, 2003 and became effective November 1, 2003.  The purpose of the requirements is to protect the beneficial uses of those waterways.

Historically, Sunnyvale has hired a consulting firm to provide the specialized expertise necessary to meet all of the numerous and varied requirements set forth in its NPDES permits.  This specialized expertise includes process engineering, knowledge of regulatory issues and environmental law, the capacity to complete technical studies related to the treatment plant that are also required under the permit, and participation in stakeholder processes in which solutions for environmental compliance are developed and negotiated.

EOA has been the selected consulting firm over the last three permit cycles and has been instrumental in assisting the City to negotiate with the Regional Water Quality Control Board for the most reasonable and acceptable permit conditions and interpretations of environmental requirements. These efforts have resulted in savings in the millions of dollars for facilities and operating costs that might otherwise have been required had negotiations not been successful and had the in-depth technical expertise not been available for the thorough analysis of issues. 

On an ongoing basis, EOA has provided process engineering for plant operations, completed studies and fulfilled numerous other permit-related requirements.  Some of this work is accomplished by participation in the Santa Clara Basin Watershed Management Initiative (WMI), and EOA assists City staff in working with the WMI to address watershed issues and negotiate mutually agreeable solutions with the Regional Water Quality Control Board.

EXISTING POLICY

Per the Wastewater Management Sub-Element of the General Plan, it is the goal of the City to “Continue to operate and maintain the Water Pollution Control Plant, using cost effective methods, so that all sewage and industrial wastes generated within the City receive sufficient treatment to meet the effluent discharge and receiving water standards of regulatory agencies.” (Goal 3.3C)  It is also the policy of the City to “Actively participate in the watershed management approach to solving water quality issues of the Santa Clara Basin Watershed and the South Bay” (Policy 3.3C.3), such as through the WMI.

Section 2.08.070(b) of the Sunnyvale Municipal Code exempts from competitive bidding contracts for professional services.

DISCUSSION

Approval of the contract will allow the City to continue to maintain very high levels of permit compliance, to complete permit related studies, and to participate and negotiate effectively for environmental policies and requirements that are both protective of the environment and reasonable and appropriate for the needs of the Sunnyvale community.

EOA has an excellent track record with the City, assisting City staff with obtaining the best possible permit requirements and then in achieving compliance with those requirements. This has proven to be a cost-efficient and highly effective way for the City to retain the specialized expertise necessary to maintain the complex and highly functional wastewater treatment plant and to meet all of the numerous and varied permit requirements.

FISCAL IMPACT