STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF CLEAN WATER PROGRAMS

NOVEMBER 18, 1999

 

ITEM  3

 

SUBJECT

 

APPROVAL OF A STATE REVOLVING FUND LOAN FOR THE CITY OF AMERICAN CANYON (CITY), CONSTRUCTION OF A NEW TERTIARY WASTEWATER TREAT-MENT PLANT, STATE REVOLVING FUND (SRF) LOAN PROJECT NO. C-06-4666-110

 

DISCUSSION

 

In accordance with the State Water Resources Control Board's (SWRCB) Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities (Policy), adopted on February 16, 1995 and amended on June 18, 1998, projects on the adopted priority list need SWRCB approval to receive a SRF loan.  Loans can be approved by the SWRCB after the Division of Clean Water Programs (Division) has approved the facilities plan, including (1) the project report; (2) environmental documents; (3) the draft revenue program; and (4) the water conservation plan.

 

On September 8, 1999, the Division issued Facilities Plan Approval to the City for the construction of a new tertiary wastewater treatment plant, and the City agreed in writing with the approval on September 28, 1999.

 

The City is located in Southern Napa County.  The City’s population is approximately 10,000 and the current average dry weather sewage flow is about 1 million gallons per day (mgd).  Presently, the City pumps the sewage generated within the service area to Soscal Advanced Wastewater Treatment Facility (Soscal) for treatment.  Soscal was funded by a Clean Water Grant (C-06-0915) in 1975 to serve the people residing in the Napa Sanitation District (Napa SD) and the American Canyon Water District before American Canyon incorporated to City status in 1994.  The shared construction cost for Soscal was as follows:

 

                        Federal share                        $9.39 million*

                        State share                           $1.56 million*

                        Napa SD                              $1.41 million*

                        American Canyon                 $0.15 million*

 

*  All costs in 1975 dollars

 

The City was allocated 1.54 mgd of treatment capacity at Soscal.  Treatment of City wastewater is still ongoing at Soscal, but, after incorporation, the City decided to construct its own treatment plant and sold its treatment capacity at Soscal to Napa SD in 1994.  The estimated project cost for the proposed American Canyon Wastewater Treatment Plant is $17 million, and the estimated loan eligible cost is $12 million.  The City agreed to accept a reduction of $410,625 in eligible cost for replacement of previously grant funded wastewater treatment capacity at Soscal.  (In accordance with the SRF Policy, Section 1X,E,2,(K))  The proposed American Canyon Wastewater Treatment Plant consists of headworks, aeration, microfiltration, and disinfection.  The City requests the SWRCB to approve a loan of $12 million for this project and agrees to pay back the loan in accordance with the SRF Policy.

 

The City provides domestic water for the service area.  The City has a contract to purchase up to 6.25 mgd of water from the City of Vallejo and has an entitlement to 5,200 acre-feet of water from the North Bay Aqueduct through the Department of Water Resources.  Water supply is adequate to serve the residents within the City’s service area for the next 20 years.  In accordance with the SRF Policy requirements for water conservation, the City is a signatory to the Memorandum of Understanding Regarding Urban Water Conservation in California.

 

The City has provided the Division with a schedule for the submittal of final plans and specifications and other milestones.  These dates are contained in the milestone schedule in the Division's facilities plan approval letter.  In accordance with Section IX(I) of the SRF Policy, the resolution will include an expiration date for the preliminary loan commitment if the milestone schedule for commencement of construction is not met.  The Division may approve up to a 90-day extension for good cause.

 

The City prepared a Draft Environmental Impact Report (EIR) for the proposed project which was distributed to the public and circulated through the State Clearinghouse (SCH# 97092091) for review from February 13, 1998, through April 8, 1998.  A Final EIR was certified by the City Council on August 20, 1998, but the project was then modified by the City in response to issues raised by the public.

 

The City prepared a revised Draft EIR which was distributed to the public and circulated through the State Clearinghouse (SCH# 98092020) for review from December 31, 1998, through February 15, 1999.  During the review periods, comment letters were received from one federal agency, three state agencies and six individuals.  A wide variety of environmental issues were raised, including potential adverse direct and indirect impacts to federally listed species.

 

On March 8, 1999, the City prepared a Final EIR that included comments, responses, and text revisions based on comments received.  The City has adequately addressed all environmental issues raised during the review period, except those regarding indirect growth inducing impacts to federally listed species.  The City Council approved the project and certified the Final EIR on March 18, 1999.  The City filed a Notice of Determination with the Governor’s Office of Planning and Research on March 22, 1999 and with the Napa County Clerk on April 1, 1999.

 

Because the City is under severe time constraints for project and funding approval, on August 2, 1999, the U.S. Fish and Wildlife Service (USFWS) agreed to grant “conditional clearance” for the proposed project, based on an agreement that the City will not commence any construction activities until compliance with the federal Endangered Species Act, through the Section 7 consultation process, has been satisfactorily completed.  Any required mitigation and avoidance measures will be included as special conditions in the Division’s SRF loan contract with the City.

 


POLICY ISSUE

 

Should the SWRCB approve SRF loan funding for the proposed project, including a 20-year repayment period, with the first repayment due one year after completion of construction?  Should the SWRCB, in accordance with Section IX(I) of the SRF Policy, condition this approval by requiring expiration of the preliminary loan commitment if construction is not initiated by March 1, 2000.

 

RWQCB IMPACT

 

San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) – Completion of this project will provide additional wastewater treatment capacity in the Napa County area.  The SFBRWQCB will need to issue a new NPDES Permit to set standards for this discharge.

 

FISCAL IMPACT

 

The SWRCB adopted Resolution No. 99-40 on May 20, 1999, which changed the method for determining the amount of funding available for new loans to a system based on the availability of cash to make disbursements to the project under consideration by the SWRCB.  A minimum cash balance of $25,000,000 will be maintained.  The SRF account balances, anticipated repayment amounts, and project approvals under consideration by the SWRCB in November 1999 are as follows:

 

 

 

SFY

SFY

SFY

SFY

SFY

 

 

1999-00

2000-01

2001-02

2002-03

2003-04

 

 

___________

__________

__________

_________

_________

 

Beginning Balance:

$517,428,413

$318,201,877

$123,383,215

$62,771,438

$111,822,255

 

Est. Repayments:[1]

73,959,359

92,267,142

102,320,609

118,288,293

145,490,205

 

Cap Grants:[2]

112,520,000

0

0

0

0

 

Est. SMIF Interest:

10,000,000

6,000,000

1,000,000

1,000,000

1,000,000

 

Est. Disbursements:[3]

-389,505,895

-279,325,804

-161,532,386

-70,237,476

-0

 

     Subtotal:

$324,401,877

$137,143,215

$65,171,438

$111,822,255

$258,312,460

 

L.A. County – Malibu Tmt         4498-110

 

-860,000

 

 

 

 

City of American Canyon           4666-110

-2,400,000

-7,200,000

-2,400,000

 

 

 

Town of Windsor                        4704-110

-3,800,000

-5,700,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balance:

$318,201,877

$123,383,215

$62,771,438[4]

$111,822,255

$258,312,460

 


STAFF RECOMMENDATION

 

That the SWRCB adopt a resolution approving a SRF loan of $12 million from the FFY 2000 account for the proposed project, with a repayment period of 20 years, and with the first repayment due one year after completion of construction.  In accordance with the June 18, 1998 SRF Policy, the proposed resolution includes an expiration date for this preliminary loan commitment if construction is not initiated by March 1, 2000.

___________________________________________________________________________________________

DRAFT October 25, 1999

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 98-

 

APPROVAL OF A STATE REVOLVING FUND (SRF) LOAN

FOR THE CONSTRUCTION OF A NEW TERTIARY

WASTEWATER TREATMENT PLANT

CITY OF AMERICAN CANYON (CITY)

STATE REVOLVING FUND LOAN PROJECT NO. C-06-4666-110

 

WHEREAS:

 

1.         The State Water Resources Control Board (SWRCB), on February 16, 1995, adopted the Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities, and revised it on June 18, 1998;

 

2.         The SWRCB, on June 17, 1999, adopted the FFY 2000 SRF Loan Program Priority List which included the proposed project in Priority Class D;

 

3.         The Division of Clean Water Programs has approved the project report, environmental documents, and draft revenue program, for the City’s Project;

 

4.         The City is the water purveyor for the service area and a signatory to the Memorandum of Understanding Regarding Urban Water Conservation in California;

 

5.                  The City of American Canyon has certified an EIR (State Clearinghouse No. 98092020) which has been reviewed and considered, and it has been determined that:

 

a)      Changes or alterations have been or will be required in, or incorporated into the proposed project which avoid or reduce to less than significant levels potentially significant environmental effects identified in the EIR with respect to: (i) hydrology, water quality, and soils erosion impacts which will be mitigated by: complying with grading plans and NPDES and Storm Water Pollution Prevention Plan permit requirements; minimizing and revegetating disturbed areas; detaining or diverting runoff; protecting exposed slopes from erosion and gullying; using designated storage areas for wastes; limiting activities in wetlands to the dry season; providing flood control protections; implementing an industrial pre-treatment program; restricting reclaimed water application to saturated soils and implementing a reclaimed water monitoring program; and implementing an educational program to minimize disposal of pollutants and toxics to the sewer system; (ii) threatened and endangered species which will be mitigated by: boring and jacking under creek beds or open trenching during the dry season; avoiding all perennial aquatic habitats; erecting silt fencing at stream channels; conducting pre-construction surveys for active raptor nests, the California red-legged frog, and other special-status species and complying with USFWS requirements; establishing buffer zones; restoring any disturbed aquatic habitat; conducting a sampling and monitoring program for water quality and aquatic organisms; and conducting formal consultation with the USFWS regarding indirect, growth inducing impacts; and (iii) cultural resources which will be mitigated by consulting with a qualified archaeologist or paleontologist in the event of unanticipated discovery of cultural materials and implementing an approved recovery program.

 

b)      With respect to other potentially significant environmental impacts identified in the environmental document, appropriate changes or alterations are not within the responsibility and jurisdiction of the SWRCB.  Such other changes or alterations have been adopted or should be adopted by other agencies.

 

THEREFORE BE IT RESOLVED THAT:

 

The State Water Resources Control Board:

 

1.         Approves a SRF loan of $12 million from the FFY 2000 account to the City for the construction of a new tertiary wastewater treatment plant, with a repayment period of 20 years, and the first repayment due one year after completion of construction; and

 

2.         Will withdraw this preliminary SRF loan commitment if construction is not initiated by March 1, 2000.  The Division may approve up to a 90-day extension for good cause.

 

CERTIFICATION

 

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1999.

 

                                                                        _______________________________

                                                                        Maureen Marché

                                                                        Administrative Assistant to the Board



[1] Est. repayments include repayments from existing loans and from loans expected to be executed in the next few years for projects with existing commitments.

[2] An EPA Capitalization Grant of $97,000,000 for SFY 2000 is anticipated (the federal budget is not approved at this time) plus State match funds of $19,400,000.  $3,880,000 is deducted for administrative costs.

[3] Estimated disbursements includes disbursements remaining on existing loans as well as disbursements anticipated on loans executed for projects with existing commitments (including FY2000 commitments).  The Division will revise the estimated disbursements total each month as cash draw forecasts are updated.

[4] The cash balance on June 30, 2002, is estimated to be $37,771,438 above the level needed to maintain a $25,000,000 reserve.