WHEREAS:

1. The County of Los Angeles (County) owns and operates the Trancas Wastewater Treatment Plant in the City of Malibu, and the County Department of Public Works is acting on behalf of the Trancas service area in its application for a SRF loan;

2. The Trancas Wastewater Treatment Plant is in need of repairs and was previously grant funded in 1977 with an EPA construction grant;

3. A sufficient replacement fund was not established for the Trancas plant resulting in a lack of adequate maintenance;

4. In accordance with the Policy For Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities (SRF Policy), previously grant funded facilities are ineligible for SRF loan assistance unless a severe financial hardship or unique circumstance exists;

5. The County has not demonstrated that a severe financial hardship or unique circumstance exists;

6. The County is requesting repair of an existing Rotating Biological Contactor (RBC) and installation of a second RBC for redundancy;

7. Early RBC's had a poor mechanical performance record and grant recipients were offered Modification and Replacement Grants in the late 1980's by EPA pursuant to 40 CFR 35.2035;

8. Current RBC technology is improved and EPA is now approving SRF loans for new RBC's. EPA recommends a 20 year warranty for certain mechanical parts, supplemental aeration, and a disc load monitoring system; and

9. If the previously grant funded project components are approved for SRF loan eligibility, a potentially costly precedent would be established for previously grant funded facilities where a replacement fund was not established or where sufficient funds were not set aside for the replacement of worn out equipment, and where adequate maintenance was not conducted.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board finds that the eligibility of this project is limited to components determined to be cost-effective and which were not previously grant funded.

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, 1997.

/s/

Maureen Marché

Administrative Assistant to the Board