TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Erick Lee, Public Works Director
Jeff Page, Utilities Manager
Sandy Nimat, Water Compliance Supervisor
SUBJECT:Title
Consideration of a Resolution Approving a Five-Year Professional Services Agreement with John L. Hunter & Associates for National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) Environmental Compliance Inspection Services (No Budget Impact) (Public Works Director Lee).
ADOPT RESOLUTION NO. 25-0066
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RECOMMENDATION:
Staff recommends that the City Council:
1) Adopt Resolution No. 25-0066 approving a Five-Year Professional Services Agreement with John L. Hunter & Associates for National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Environmental Compliance Inspection Services at a Cost Not-to-Exceed $260,500; and
2) Authorize the City Manager and/or his or her designee to administratively exercise two one-year options to extend the agreement.
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FISCAL IMPLICATIONS:
The agreement under consideration with John L. Hunter & Associates is to provide environmental compliance inspection services for five years. Staff anticipates expenditures for services should not surpass $56,000 annually for the initial years of the five-year agreement. The estimated cost of the five-year agreement is for a total amount not to exceed $260,500. Additionally, the agreement allows for two optional one-year extensions applicable to the term only.
Funds in the amount of $51,371 are currently budgeted within the Storm Water Fund for these services. Future years will be budgeted accordingly.
BACKGROUND:
The Fats, Oils, and Grease (FOG) program was established to address the growing issue of sewer system blockages caused by the accumulation of grease from food establishments and industrial facilities. Historically, grease buildup in sewer pipes has led to costly blockages, backups, and overflows, posing significant environmental and public health risks. In response, cities began implementing regulations in the early 2000s. These regulations required food service businesses to properly manage and dispose of grease through measures such as installing grease interceptors. Over time, these programs evolved to meet federal and State standards, including updates in 2015 that aligned local codes with national pretreatment regulations. The program aims to reduce sewer overflows and sewer pipe blockages to protect water quality through stricter management practices and regular inspections and is a requirement of the State Water Resources Control Board’s Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems (WQ 2022-0103-DWQ).
The NPDES MS4 Permit's Industrial/Commercial Facilities Program, established under the Clean Water Act, requires Permittees such as the City to ensure that industrial and commercial facilities manage stormwater discharges to prevent pollutants from entering the storm drain system and receiving water bodies. In California, the program is enforced by the State Water Resources Control Board and implemented locally by the Los Angeles Water Quality Control Board. Facilities in certain industries, such as restaurants, nurseries, auto facilities, and industrial sites, must implement Best Management Practices (BMPs) and undergo regular inspections to help protect water quality by controlling pollutants in stormwater runoff. The City is also obligated to use its Progressive Enforcement authority to ensure non-compliant commercial and industrial sites are brought into compliance with the City's municipal code and the NPDES MS4 Permit requirements in a timely manner. Non-compliance with the Industrial/Commercial Facilities Program can result in fines or penalties for the City.
DISCUSSION:
John L. Hunter & Associates has been providing municipal FOG control services since the 1980s and NPDES inspection services since the inception of the program. They have provided the City with service for the last 15 years. With active contracts in over forty neighboring cities, including Hawthorne, Hermosa Beach, Inglewood, Lomita, and Rancho Palos Verdes, as well as partnerships with five watershed groups, they are a trusted leader in the region. The firm is one of the few specializing in these types of compliance inspections within the Los Angeles area, bringing decades of experience and expertise to ensure regulatory compliance and environmental protection.
Regulatory Approach
John L. Hunter (JLH) assisted the City in meeting the requirements of FOG and NPDES regulations, recognizing the expansive, complex, and at times esoteric nature of these regulations. Their approach involved distilling these regulations and program requirements into their essential elements, making them more accessible and manageable for the City. They prioritized implementation activities based on risk, providing multiple solutions that considered factors such as potential risks and associated costs. Additionally, they ensured that our services were delivered in the City’s preferred methods, offering communication through multiple venues, and deliverables through written reports, memos, assessments, and presentations. This comprehensive approach helped the City effectively navigate regulatory compliance and meet its program objectives.
FOG Control Program
JLH conducts comprehensive FOG Control and Industrial Waste Inspections to ensure that businesses, particularly food service establishments, comply with local regulations regarding the disposal and management of fats, oils, and grease. These inspections are essential for preventing sewer blockages and overflows that can result from improperly managed grease waste. Their qualified staff assesses the installation and maintenance of grease interceptors, evaluates waste disposal practices, and ensures adherence to the Los Angeles Municipal Code and state regulations. They work closely with facility owners and operators to educate them on best practices for grease management, reducing the risk of environmental contamination and infrastructure damage. The staff at John L. Hunter and Associates has remained consistent over the past several years, which has allowed them to develop a deep understanding of the community. Their long-standing presence ensures they approach business owners with respect and fairness in all interactions.
Industrial/Commercial Facilities Program
As part of the Industrial/Commercial Facilities Program, JLH conducts stormwater quality inspections to ensure that industrial and commercial operations are in compliance with the City's municipal code and NPDES MS4 Permit requirements. These inspections focus on evaluating how potential pollutant sources are managed at these facilities to prevent them from entering the storm drain system and contaminating local water bodies. JLH assesses the implementation of BMPs for stormwater and non-stormwater discharges to ensure they are effective, inspects facility drainage systems, and ensures that necessary permits are in place. Through these inspections, they help facilities minimize their environmental impact while ensuring they are meeting the BMP requirements in the City's municipal code and the NPDES MS4 Permit, safeguarding public health and the environment.
Illicit Discharge Investigations
JLH also conducts illicit discharge detection and elimination investigations to identify and eliminate unauthorized discharges into the stormwater system. Their staff investigates potential sources of pollution, such as chemicals, oils, or other contaminants, which may be improperly entering the storm drain system or local water bodies. They utilize a variety of methods, including field inspections, sampling, and coordination with local agencies, to trace the origin of illicit discharges. Once identified, they work with facility owners, operators, and relevant stakeholders to implement corrective actions, ensuring compliance with environmental regulations and preventing further pollution. Their overall work supports the program’s goal of maintaining clean water and protecting public health in the community.
Under the proposed agreement, the consultant will be responsible for implementing activities required under the NPDES MS4 Permit and providing support for decision making and implementation of responsibilities for the FOG control program. This includes:
a) Conducting the Fat, Oil, and Grease inspections for all Food Service Establishment facilities and completing the required reporting requirements;
b) Conducting annual stormwater quality inspections at food service establishments, as well as biennial stormwater quality inspections at other commercial and industrial facilities defined as critical sources under the NPDES MS4 Permit to ensure compliance with the NPDES regulations; and
c) Performing illicit discharge investigations as needed to eliminate unauthorized discharges into the stormwater system.
Based on JLH’s thorough knowledge of the City’s FOG program and NPDES compliance programs and strategies, as well as their role in ensuring the City’s continued compliance with permit regulations, staff recommends that the City Council adopt a resolution approving a Five-Year Professional Services Agreement with John L. Hunter & Associates for NPDES and MS4 Environmental Compliance Inspection Services at a Cost Not-to-Exceed $260,500.
Additionally, staff recommends that the City Manager be given the authority to administratively exercise the two, one-year options to extend the term of the agreement if deemed in the City’s best interest.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 25-0066
2. Agreement - John L. Hunter & Associates