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Storm Water Trash Facilities Maintenance Agreement 2023-02625349/27/23, 3:37 PM Batch 16388492 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 317-271-03-00 DOC# 2023-0262534 111111111111111111111111111111111111111111111111111111111111111111IN Sep 27, 2023 03:04 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) POOR: N/A PAGES: 26 (THIS SPACE FOR RECORDER'S USE) STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 12150 Flint Place (B23-0309/TA23-0003) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Trash Facilities is entered into between the Property Owner(s) Robin Yazdi and Annie Ma, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being improved in accordance with Building Permit Number B23-0309, which is on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the California Regional Water Quality Control Board San Diego Region Order Number R9-2017-0077, (hereinafter referred to collectively as "Trash Amendment"), the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapter 13 and 16 (the "Stormwater Ordinance"), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff and trash generation from the PROPERTY be managed by the use of the following Storm Water Trash Facilities which are identified as "Best Management Practices" or "BMPs": One (1) AbTech Industries, Inc. Ultra Urban Filter Chester Drop -In located on the northwest corner of the site as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B23-0309. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "C". Because additional impervious area may require the addition of or alteration of storm water facilities and strategies, no impervious area or additional drains may be added to the project site without prior SWTFMA (B23-0309/TA23-0003) https:Hgs.secure-erds.com/Batch/Confirmation/16388492 1 /2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 317-271-03-00 (THIS SPACE FOR RECORDER'S USE) STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 12150 Flint Place (B23-0309/TA23-0003) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Trash Facilities is entered into between the Property Owner(s) Robin Yazdi and Annie Ma, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being improved in accordance with Building Permit Number B23-0309, which is on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the California Regional Water Quality Control Board San Diego Region Order Number R9-2017-0077, (hereinafter referred to collectively as "Trash Amendment"), the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapter 13 and 16 (the "Stormwater Ordinance"), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff and trash generation from the PROPERTY be managed by the use of the following Storm Water Trash Facilities which are identified as "Best Management Practices" or "BMPs": One (1) AbTech Industries, Inc. Ultra Urban Filter Chester Drop -In located on the northwest corner of the site as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B23-0309. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "C". Because additional impervious area may require the addition of or alteration of storm water facilities and strategies, no impervious area or additional drains may be added to the project site without prior SWTFMA (B23-0309/TA23-0003) and strategies, no impervious area or additional drains may be added to the project site without prior approval from the City Engineer. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and constitute a part of this AGREEMENT 2. Maintenance of Storm Water Trash Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the Stormwater Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O&M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O&M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 3. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 4. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, SWTFMA (B23-0309/TA23-0003) Page 2 shall be deemed to be accepted by OWNER "as is", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 5. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and upon reasonable notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 6. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 7. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES"), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreement (specifically including but not limited to OWNER's alleged noncompliance with the Trash Amendment or the Stormwater Ordinance), and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 8. Allocation of Costs. Following the sale or transfer of any individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. SWTFMA (B23-0309/TA23-0003) Page 3 9. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY finch irtinn tha interest pf ('.ITY nr ifc et ionaQenrc in the eac-emarn+ �. w..� granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. i U. OvvivER's Continuing Responsibilities where work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 11. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated anri nNAINFR nnri tha PROPERTY relaacarl frnm tha rnvanantc cat forth horain by n ralanca which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 12. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State Uf California, County of'San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 13. Attorney's Fees. The prevailing party in any action or proceeding to enforce or interpret the terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. IN WITNESS WHFRFOF, the nnrties have executed this Agreement nn the HAtec cat forth hPreinafter. OWNER: Robin Yazdi and Annie Ma By:-::� I`� Robin Yazdi, er By Annie Ma, Owner Date: I f :�--1 f -A c-Z a Date: 912112,6 (signatures must be notarized) SWTFMA (B23-0309/TA23-0003) Please see attached Page 4 Notarial Cerfiticate. X CALL ORN11k, ALL-PURPOSE CERTIFICATE A-CKNIO WLEDGEME NT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of: California County of: San Diego On �u 2 ' " A13before me, f I (,^,/I (l GU Notary Public personally appeared 2 pWK) yd �ca who proved to me on the basis of satisfactory evidence to be the person(gl whose name(e) is/ale subscribed to the within instrument and acknowledged to me that he/s&/$ey executed the same in his/hi r/th9ir authorized capacity(ie�), and that by his/her/their signatureO on the instrument the person'), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. r ALI ALIZAWI x Notary Public California WITNESS my hand and official seal. u�, m San Diego County Commission # 2427344 v "4uv;+ �My Comm. Expires Nov 19, 2026 SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: C-A IFr.R.NHA KtnTAPV A(-VK1nAA11 �nr�1nn�niT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San i)(eao On 20 23before me, Ift l �uwf ta(t' sert name and title of the -- officer), personally appeared Inns e- 11,11110 , who proved to me on the basis of satisfactory evidence to be the person($) whose name(§] is/a/e subscribed to the within instrument and acknowledged to me that 1�6/she/tvy executed the same in hj6/her/th6ir authorized capacity4s), and that by h�/her/th4ir signature(g) on the instrument the person(!), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LOF ALI ALIZAWI Notary Public - California z San Diego County 344 Signature �� _ (Seal) z Commissions Nov19, �— ��uFaaN� My Comm. Expires Nov 13, 7.026 CITY OF OWAY: R6bf rt J. Manis Dire4ttor of Development Sery s APPROVED AS TO FORM: Office of the City Attorney N1 Alan Fenstermacher City Attorney Date: 17 y?, (signature must be notarized) Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description of Property 3. Exhibit B — Location of BMPs 4. Exhibit C — Operation and Maintenance Plan APPROVED AS TO CONTENT: Engineering Division Tracy 136ch City Engineer SWTFMA (B23-0309/TA23-0003) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��;c-�,�`;f �.e�f`;c�R,c�P;c�,4:f,M.c�C;c�R,c:�oe �a'�� �`���-�,c !`,c;r•,c�;c:�,c;t?,c.�(`;e� C',c-�"��ec-r.,�r,M��c+�r.�-rc-c%e�C`,c-R��t^,c,C.crc �enrcyoi A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Diego } On July 13, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �5E` ,°.`.,� + YVONNE MANNION '' Notary Public - California _r _��= .- = San Diego County Commission k 2363699 �a" My Comm. Expires Jul 1, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � VV Q A — 4qn^;11 j 0 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Storm Water Trash Facilities Maintenance Agreement B23-0309/TA23-0003 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthPr- Signer Is Representing: ©2016 National Notary Association •`www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Trash Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 5 of the attached document dated -4 lam Iaoal , from Robin Yazdi and Annie Ma, to the City of Poway, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017. Dated: CITY OF POWAY Seal: TyF C`T �nror0ormnJ ,ve0 Oj Y 1N THE G By: 1V , obert J. Mani Department of Development Vervices SWTFMA (B23-0309/TA23-0003) EXHIBIT A LEGAL DESCRIPTION —12150 Flint Street, Poway, CA 92064 Real property in the City of Poway, County of San Diego, State of California, described as follows: Lot 3 of City of Poway Tract 86-02R(1) Poway Corporate Center Unit 1, in the City of Poway, County of San Diego, State of California, according to map No. 12853, filed in the office of the County Recorder of San Diego County, August 19, 1991. APN: 317-271-03-00 D -v N I; �u Z ON D O T Z m I =�zzmm N � T U' r -vi"'�nD h) D Z N m v Z W r D O �N T m D C m O r v3i�mr mm m D ^ mF, ZA an'-D Irl 0 n m -j m Z 2 A = =ZZ o� D m � D p m w ® S E I zcX D x — — D N C O ®® m D D � I Tn ®® I� m o o ❑ 0 I I I — — m P. L. — — iC FLINT PLACE _ - -�- _� _ A W - -�I D -n cut Ex"t,O�Ijll'If C AbTech Operation, Guide Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In Inspection, and Maintenance Chester Drop Inlet (DI) 2/15/2023 abtechindustries-com info@abtechindustriess 1 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In Table of Contents 1.0 Description......................................................................................................... 1 2.0 Operation........................................................................................................... 2 3.0 Inspection........................................................................................................... 3 4.0 Maintenance and Media Replacement............................................................... 4 5.0 Material Disposal................................................................................................ 5 6.0 Inspection Data Sheet........................................................................................ 6 7.0 Maintenance Report........................................................................................... 7 8.0 Warranty............................................................................................................ 8 abtechindustries.com j info@abtechindustriess 1 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In 1.0 Description The Ultra -Urban® Filter (UUF) Chester series is a passive, flow -through, stainless -steel, stormwater filtration, and optional purification system designed as an insert sleeve for catch basins. There are two types of models: the UUF "Drop -In" (UUF DI) and the UUF "Curb Opening" (UUF CO). This Guide is specific for the UUF Chester DI models. The UUF Chester DI insert sleeves are comprised of all stainless -steel parts. Figure 1 is a rendered image showing the key components: collar, suspension chains, filter enclosure, and media (if applicable). As an insert sleeve that is positioned in catch basins lower than street level, they utilize gravity to operate and do not require mechanical parts or power. The unit utilizes a filter screen with orifices of less than 5mm in size to reduce trash, debris, and sediment. In addition to TSS reduction, inclusion of AbTech's Smart Sponge® media to the filter enclosure can reduce both particulate and dissolved contaminants. :ing Collar H oo Bypass Area JII ICIIl ral.n I---.. .I- I. ........,1 Figure 1: Ultra -Urban® Chester Drop -in abtechindustries.com info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban@ Filter Chester Drop -In 2.0 Operation The UUF insert sleeve is positioned beneath the frame and inlet grate of stormwater catch basin structures. Untreated stormwater water can enter from any side of the inlet grate and falls vertically into the filter insert sleeve via gravity. This untreated stormwater continues into the face of the filter screen at the bottom of the unit and subsequently will be filtered to less than 5mm in particle size. If media is added at the bottom of the filter enclosure, the media and wrap used to restrain the media will provide additional filtration. - Media may be installed as a Smart Pak® at the bottom of the filter enclosure to ensure 100% of water flow is treated. The filtered and purified water will flow out of the unit to be discharged or re -used. The filter insert sleeve is designed with a bypass capability to allow flows more than the maximum filtration rate to leave the filter enclosure. Screened bypass initiates when the water levels in the filter enclosure rise above the solid potion of the sides. Full bypass occurs when the water levels rise above the top of the filter insert. A filter sleeve insert installed in a typical catch basin with grated inlet cover and its operation is illustrated in Figure 2. Figure 2: UUF Chester Flow Drop -In f abtechindustries.com € info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban@ Filter Chester Drop -In 3.0 Inspection 3.1 General Catch basin inspection, maintenance and historic documentation is an integral part of any comprehensive stormwater management plan. A thorough inspection program is necessary to ensure the treatment filter is operating as designed and to provide the necessary pollutant removal. Actively reviewing and updating an inspection monitoring plans will minimize unnecessary maintenance and provide insight to the status of the receiving water bodies. The frequency in which catch basins are cleaned should be based on site -specific factors such as: weather, rainfall events, and expected debris accumulation.. It is important to closely monitor and document the first year of operation after initial installation to develop a long-term maintenance plan for the filter that is consistent with actual pollutants loadings. 3.2 Inspection Frequency and Timing In general, all treatment systems need to be inspected on a routine and recurring basis. The frequency and timing of the inspections will vary based on the configuration of the filter, its location within the drainage system, and the geographic region. During the first year of operation, after initial installation, the UUF Chester should be inspected more frequently to create a baseline of understanding for operation of the filter. Subsequent years of operation can have inspection frequency adjusted based on working experience provided no irregular events occur during the year. ■ First -Year Inspection — Quarterly inspections in the first year are recommended. The first inspection should occur on, or near, the start of the heaviest rainfall season with the last inspection occurring on or around the end of the season. If the location of installation has no definitive rainy season, inspections should be spaced evenly throughout the year. Maintenance visits may coincide with inspection visits. ■ Second -Year and Subsequent Year Inspections — Semi-annual inspections are recommended. The first inspection should occur on, or near, the start of the heaviest rainfall season with the last inspection occurring on or around the end of the season. If the location of installation has no definitive rainy season, inspections should be spaced evenly throughout the year. If during the first -year inspection the Filter and/or location is determined have high pollutant loadings or irregular loadings of sediment, trash, and debris, additional inspections may be necessary. Maintenance visits may coincide with inspection visits. abtechindustries.com i info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In 3.3 Inspection Safety and Equipment Considerations Safety is the most important consideration before inspecting and removing pollutants from the UUF Chester DI. Always employ proper traffic management and handling procedures for all inspections/maintenance where vehicles and pedestrians have access. Disposing of waste liquids and solids may be regulated and should be understood before removing waste products from the treatment system. Urban stormwater drainage structures are often installed along roadside curbs or in parking lots with limited space. Consider plans for: ■ Personal Protective Equipment (PPE) — reflective vests, glasses, steel -toed shoes, gloves ■ Allowing personnel space to remove and temporarily store surface grates ■ Maneuvering and parking maintenance vehicles ■ Equipment for directing traffic and pedestrians - safety cones or barriers and use of appropriate signage ■ Equipment for removing the manway/grate (i.e. crowbar, manhole hook, jib crane) ■ Tools to loosen consolidated sediment and debris covering the manway/grate ■ Storing and disposal of pollutants ■ Inspection Data Sheet In the event of accidental or chemical spill, contact emergency services and follow standard hazmat procedures. 3.4 Inspection Procedures The UUF Chester DI can be typically inspected without entry into the catch basin. The inspection should begin by preparing and installing all safety measures followed by the inspection and documentation. Specific procedures for the inspection are detailed below: 1. Wear all PPE and prepare documentation equipment. 2. Install all work zone safety equipment and conduct a brief safety meeting. Work zone safety equipment should protect the inspector(s) from vehicular traffic and should also isolate and protect pedestrians and vehicles from the work zone. 3. Remove the manhole cover utilizing the manhole puller/remover and safely set aside out of the way of the inspection operations and pedestrians or vehicles. 4. Inspect the grate and catch basin lip. The areas outside of the catch basin should be free from debris, obstructions, and standing water. The presence of any of these conditions outside of the catch basin are potential indicators of maintenance that may be necessary for the treatment system. If any of these maintenance indicators are abtechindustries.com [ info@abtechindustriess j 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In encountered, they should be documented and, depending on severity, should be rectified through recommended maintenance. Maintenance may occur simultaneously with inspection provided the maintenance indicators have already been documented. 5. Inspect the inside of the catch basin. A flashlight may be needed depending on outside lighting. The interior of the catch basin and pipe outlet(s) should be free from debris, obstructions, and standing water. The presence of any of these conditions in the interior of the catch basin are potential indicators of maintenance that may be necessary for the treatment system. If any of these maintenance indicators are encountered, they should be documented and depending on the severity, should be rectified through recommended maintenance. Maintenance may occur simultaneously with inspection provided the maintenance indicators have already been documented. 6. Inspect the collar and filter enclosure for physical or structural damage. The collar should be firmly mounted to the catch basin lip and there should be no loose or missing hardware. The filter should be supported by the suspension hooks and chains. Bent, broken, or otherwise damaged structural components should be documented and recommended for replacement as needed. 7. Inspect the filter screen for pollutants. Pollutants such as trash and debris, and sediment are expected to be captured inside of the treatment system. The presence of such pollutants are indicators the filter is operating as intended. Conversely, the lack or low quantity of such pollutants present in the filter may be an indicator that the filter is not functioning as intended. The quantities of pollutants should be documented and compared with the maximum capacities for the filter. Maintenance to be scheduled as needed. Inspect the media (if included). When equipped with media, the UUF Chester DI should be inspected for condition of the media wrapping. Smart Sponge® media material darkens in color as it collects pollutants, but with the media wrapping in a Smart Pak®, it may be difficult o observe. Observe if a black or oily film has accumulated on top of the media wrapping. If so, its useful life has ended, and replacement is necessary. Alternatively, A replacement of the filter cleaning any sediment on top of the Smart Pak®, remove the media from the filter enclosure. After dry cleaning the Smart Pak®, the media will need to be changed when the increase in weight of a dry Smart Pak® equals two times its initial product weight except for sediment, trash, and debris. The condition of the media should be documented, and recommended for maintenance, as needed. 9. Finalize the Inspection Data Sheet. Photograph the conditions of interior and exterior of the catch basin and filter unit. Document the inspection event utilizing the Inspection Data Sheet included with this manual or similar. The presence of standing water or mosquitos should be highlighted per vector control procedures. The local vector control agency should be notified if mosquitos are present in the catch basin or filter unit. 10. Replace the manhole cover and remove all work zone safety equipment. abtechindustries.com ! info@abtechindustriess j 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In 4.0 Maintenance and Media Replacement 4.1 General Catch basin inspection and maintenance is an integral part of any comprehensive stormwater management plan. A thorough maintenance plan is necessary to ensure the treatment filter is operating as designed and is providing the intended pollutant removal. A maintenance plan should be structured based on the type of treatment filter, location, and function of the treatment filter. The frequency in which catch basins are cleaned should be based on site -specific factors such as: weather, rainfall events, and expected debris accumulation.. It is important to closely inspect and document the first year of operation after initial installation to develop a long-term maintenance plan for the filter that is consistent with the effluent requirements of the installation. 4.2 Maintenance Frequency and Timing The UUF Chester DI should be maintained on a routine and recurring basis. The frequency and timing of the maintenance visits can be variable based on the configuration of the filter, location of the filter within the drainage system, and the geographic region of installation. During the first year of operation, after initial installation, the UUF Chester should be maintained more frequently to create a baseline of understanding for operation of the filter. Subsequent years of operation can have reduced maintenance provided no irregular events occur during the year. ■ First -Year Inspection — Quarterly maintenance visits in the first year are recommended. The first maintenance visit should occur on or near the start of the heaviest rainfall season with the last inspection occurring on or around the end of the that season. If the location of installation has no definitive rainy season, maintenance visits should be spaced evenly throughout the year. Maintenance visits may coincide with inspection visits. Second -Year and Subsequent Year Inspections — Semi-annual maintenance visits are recommended. The first maintenance visit should occur on or near the start of the heaviest rainfall season with the last inspection occurring on or around the end of the that season. If the location of installation has no definitive rainy season, inspections should be spaced evenly throughout the year. If during the first -year maintenance visit the filter and/or location is determined have high pollutant loadings or irregular loadings of sediment, trash, and debris, additional maintenance visits may be necessary. Maintenance visits may coincide with inspection visits. abtechindustries.com info@abtechindustriess ; 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban@ Filter Chester Drop -In 4.3 Maintenance Safety and Planning Considerations Safety is the most important consideration before maintaining and removing pollutants from the drop -in UUF Chester unit. Always employ proper traffic management and handling procedures for all inspections/maintenance where vehicles and pedestrians have access. Disposing of waste liquids and solids may be regulated and should be understood before removing waste products from the treatment system. Urban stormwater drainage structures are often installed along roadside curbs or in parking lots with limited space. Consider plans for: ■ Personal Protective Equipment (PPE) — reflective vests, glasses, steel -toed shoes, gloves ■ Allowing personnel space to remove and temporarily store surface grates ■ Maneuvering and parking maintenance vehicles ■ Equipment for directing traffic and pedestrians - safety cones or barriers and use of appropriate signage ■ Equipment for removing the manway/grate (i.e., crowbar, manhole hook, jib crane) ■ Tools to loosen consolidated sediment and debris covering the manway/grate ■ Tools for removal of Smart Pak@ media • Storing and disposal of pollutants ■ Maintenance Report In the event of accidental or chemical spill, contact emergency services and follow standard hazmat procedures. 4.4 Maintenance Procedures The UUF Chester DI is typically maintained without entry into the catch basin and requires very little time. The maintenance should begin by preparing and installing all safety measures followed by the maintenance and documentation. Specific procedures for the maintenance are detailed below: 1. Wear all PPE and prepare documentation equipment. 2. Install all work zone safety equipment and conduct a brief safety meeting. Work zone safety equipment should protect the inspector(s) from vehicular traffic and should also isolate and protect pedestrians and vehicles from the work zone. 3. Remove the manhole grate utilizing the manhole puller/remover and safely set aside out of the way from inspection/maintenance operations and pedestrians or vehicles. 4. If during inspection it is determined the accumulated trash, debris, and sediment requires removal, an industrial vacuum should be utilized to remove the material. Using a reduced diameter suction hose, vacuum the trash, debris, and sediment from the catch basin filter. abtechindustries.com info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In The suction hose may be inserted into the filter through catch basin opening as illustrated in Figure 3. A pressure washing wand may be utilized to assist this process by freeing clogged material from the enclosure screen or media fabric. The suction hose should remain inside the filter while the filter is being washed down. It is also possible to remove sediment by hand by removing the filter enclosure from the catch basin. Figure 3 Maintenance Hose 5. If during inspection it is determined the media requires replacement, the following replacement procedures should be implemented. Replacement media should be pre - ordered in advance of the maintenance visit. After removal of sediment, remove the Smart Pak@ from the filter enclosure. The Smart Pak@ may be removed by hand or using a media removal tool. Additional cleaning may be needed under the Smart Pak@ where sediment may have accumulated on the filter screen. Once cleaned, place a new Smart Pak@ into the bottom of the filter enclosure. Ensure the Smart Pak@ fit tightly into the filter enclosure and is flat. 6. Removed trash, debris, and sediment should be disposed of following local, state, and federal guidelines. Media should likewise be disposed of following local, state, and federal guidelines. Material disposal is discussed in section 5.0. abtechindustries.com j info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban@ Filter Chester Drop -In 7. Finalize the Maintenance Report. Photograph the conditions of interior and exterior of the catch basin and filter unit. Document the maintenance event utilizing the Maintenance Report included with this manual or similar. The presence of standing water or mosquitos should be highlighted per vector control procedures. The local vector control agency should be notified if mosquitos are present in the catch basin or filter unit. 8. Replace the manhole cover and remove all work zone safety equipment. 4.5 Related Maintenance Activities Chester DI's are often just one of many treatment solutions in a comprehensive stormwater drainage treatment system. In order to maximize the performance through routine maintenance of the filter to be successful, it is imperative that all upstream infrastructure systems be properly maintained. The inspection, maintenance and repair of upstream facilities should be carried out and part of a comprehensive Stormwater management plan. In addition to considering upstream facilities, it is also important to correct any problems identified in the runoff area. Runoff area concerns may include: erosion problems, infrastructure damage or failure, and discharges or releases of inappropriate materials. 5.0 Material Disposal The accumulated sediment found in stormwater treatment and conveyance systems must be handled and disposed of in accordance with regulatory protocols. It is possible for sediments to contain measurable concentrations of heavy metals and organic chemicals (such as pesticides and petroleum products). Areas with the greatest potential for high pollutant loading include industrial areas and heavily traveled roads. Sediments and water must be disposed of in accordance with all applicable waste disposal regulations. When scheduling maintenance, consideration must be made for the disposal of solid and liquid wastes. This typically requires coordination with a local landfill for solid waste disposal. For liquid waste disposal a number of options are available including a municipal vacuum truck decant facility, local wastewater treatment plant or on -site treatment and discharge. Collected, retired Smart Sponge@ filtration media used in standard stormwater applications have been classified as a non -hazardous substance. Also, Smart Sponge filtration media saturated with hydrocarbons, both in the lab and field settings, have been tested according to the EPA's Toxicity Characteristic Leaching Procedure (TCLP). These tests have indicated that Smart Sponge@ filtration media is a non -leaching product. For the reasons noted, many cost effective and environmentally friendly disposal options are available as follows: ■ Subtitle D Landfills ■ Waste -to -Energy Facilities ■ Thermal Conversion Process Facilities ■ Cement Kilns abtechindustries.com info@abtechindustriess 480-864-4000 AbTech 6.0 Inspection Data Sheet Date Location Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In _ Personnel. System Size. No. Inspection Item 1 Is settled trash, debris, and/or sediment on the I ' Yes surrounding area? Is the grate occluded? u NNo 2 Is standing water surrounding the catch basin? Yes No 3 Check the collar for structural integrity. Are there Yes any abnormalities? No 4 Are any of the hooks or chains: bent, broken, or �� Yes missing? No 5 Check the filter enclosure for structural integrity. Yes Is there any damage to the enclosure? i jj No 6 Is there any damage to the filter screen? Yes J No 7 Is there trash and debris, and sediment_ Yes accumulated in the filter? If so, document the qty. If yes, then must be removed as part of the ❑ maintenance plan. No abtechindustries.com ! info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In 8 Is there a black or oily sheen on top of the Smart Pak@? (if included). If yes, then media must be replaced as part of maintenance plan. 9 Is there standing water inside the catch basin? 10 Do you observe any mosquitos? If yes, contact vector control as per local guidelines. abtechindustries.com info@abtechindustriess480-864-4000 Yes No Yes No Yes No AbTech 7.0 Maintenance Report No 1 !2 3 4. P 5 7 F.] Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In Maintenance Activity Set up appropriate safety equipment and put on safety gear. Collect and remove trash, debris, etc. surrounding the catch basin and on the grate. Remove the trash, debris, and sediment from the filter using a vacuum hose, or by hand Repair or replace damaged or deteriorated structural components such as collar, chains, hooks, or enclosure. Remove obstructions from filter screen Remove the spent media and replace with new media. Conduct O+M procedures as needed for any instrumentation, valves, and other devices. Repair or replace as needed. Notify agency or owner representative. Date abtechindustries.com info@abtechindustriess 480-864-4000 AbTech Operation, Inspection, & Maintenance Guide for Ultra -Urban® Filter Chester Drop -In 8.0 Warranty AbTech Industries, Inc. (AbTech) warrants to buyer that the Ultra -Urban Filter Chester Stainless Steel Infrastructure Sleeve (the "Infrastructure Sleeve") shall materially conform to the description in AbTech's product documentation as of sale date and shall be free from defects in material and workmanship for twenty (20) years from the date of purchase. Thiswarranty is non -transferable and is conditioned on: (a) the Infrastructure Sleeve being properly installed by a documented authorized service provider of AbTech,(b) buyer's delivery to AbTech of annual certifications evidencing that buyer has inspected and maintained the Infrastructure Sleeve at least annually from the time of installation, (c) no unauthorized repairs or alterations having been made to the Infrastructure Sleeve, (d) buyer not being in default on any contractual obligation for the Infrastructure Sleeve, (e) buyer registering the Infrastructure Sleeve with AbTech within thirty (30) days of delivery, and (f) any warranty claim being provided to AbTech in writing within thirty (30) days of buyer's identification of the suspected defect. This warranty specifically excludes coverage of any damage caused by circumstances beyond the control of the party affected, including without limitation acts of God, fire, vandalism, natural disaster, chemical action, abrasive material, misuse, explosion, war, action or demand of governmental authority, injunction or labor strikes, or improper or unauthorized installation or repairs. This warranty does not apply to (i) any consumable or wearable parts used in conjunction with the Infrastructure Sleeve, or other parts which are designed to diminish or wear over time; or (ii) damage caused by use with a third -party component or product that is not provided by AbTech. The warranties set forth herein are AbTech's sole and exclusive warranties and are in lieu of all other warranties, remedies and conditions, whether oral, written statutory, express or implied. AbTech disclaims all statutory and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and non -infringement. If AbTech responds to a claim from buyer under this warranty, and it is later determined that the claim is not, in fact, covered by this warranty, buyer shall pay AbTech its then customary charges for any repair or replacement made by AbTech. IN NO EVENT WILL ABTECH BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, SUCH AS, BY WAY OF EXAMPLE AND NOT LIMITATION, LOSS OF REVENUES, BUSINESS OPPORTUNITIES OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE INFRASTRUCTURE SLEEVE, HOWSOEVER CAUSED, WHETHER OR NOT BUYER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. abtechindustries.com , info@abtechindustriess 480-864-4000