HomeMy WebLinkAboutAgenda Packet 02/13/2007
Utility Advisory Committee
Public Works Conference Room
Port Angeles, W A 98362
February 13, 2007
3:00 P.M.
AGENDA
I. Call To Order
II. Roll Call
III. Approval Of Minutes For January 9,2007
IV. Late Items
V. Discussion Items
A. CFP Re-allocation - Electric Utility
B. Compact Fluorescent Lighting Promotion Agreement Award
C. Francis Street CSO Pre-Design Consultant Agreement Amendment
D. NPDES Phase II
E. DOH Agreed Order
VI. Executive Session
VII. Next Meeting Date:
March 13, 2007
VIII. Adjournment
N :\uac\final\021307
5/2/06
N :\UAC\Final\042506.wpd
Utility Advisory Committee
Public Works Conference Room
Port Angeles, W A 98362
January 9, 2007
3:00 P.M.
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I. Call To Order
Chairman Reed called the meeting to order at 3:06 p.m.
II. Roll Call
Members Present:
Chairman Reed, Grant Munro, Karen Rogers, Orville Campbell,
Members Absent:
Betsy Wharton
Staff Present:
Mark Madsen, Bill Bloor, Glenn Cutler, Mike Puntenney, Scott
McLain, Jim Klarr, Cate Rinehart
Others Present:
Brian Gaw1ey - Daily News
Michael Gentry - Gentry Architecture Collaborative
III. Approval Of Minutes:
Chairman Reed asked if there were any corrections to the minutes of December 12, 2006. Mayor
Rogers moved to approve the minutes. Councilman Munro seconded the motion, which carried
unanimously.
IV. Late Items
None
V. Discussion Items:
A. ESWI Easement For The Elwha Dam Removal Project
Glenn Cutler, Director of Public Works and Utilities, explained the necessity of obtaining three
separate easements for this project. The first one was for the Port Angeles Water Treatment
Plant. This second one will allow the National Park Service to construct the Elwha Surface Water
Intake facilities, and operate and maintain the ESWI during the dam removal impact period. The
third easement is for the Elwha Water Treatment Plant, which will treat the surface water from
the Elwha River and will be addresses later this year. There was a brief discussion.
UTILITY ADVISORY COMMITTEE
January 9,2007
Mayor Rogers moved to recommend City Council authorize the City Manager to sign an
easement and related documents for the construction, operation, maintenance,
implementation, repair, and inspection of the Elwha Surface Water Intake by the National
Park Service. Orville Campbell seconded the motion, which carried unanimously.
B. Light Operations Building
Mike Puntenney, Deputy Director of Operations, introduced Mike Gentry of Gentry Architecture
Collaborative. Mr. Gentry distributed a handout and gave a presentation based upon that
information. The proposed facility addresses a five to ten year growth period with room for
expansion. A discussion followed.
No action taken. Information only.
C. Transfer Station Rate Ordinance Clarifications
Mike Puntenney, Deputy Director of Operations, noted that staff had identified a few transfer
station rate ordinance amendments which include clarification of the collection entity definition
and self hauler definition, clarification that environmental fees are in addition to the fee per ton,
and an allowance for the Public Works and Utilities Director to enter into contracts using rates
other than those specified in the ordinance. There was a brief discussion.
Councilman Munro moved to recommend City Council adopt the proposed housekeeping
amendments to the transfer station rate ordinance. Orville Campbell seconded the
motion, which carried unanimously.
VL Next Meeting Date: Special CouncillUAC Meeting
January 11, 2007 - 3 p.m. - Executive Session
VIL Adjournment:
The meeting was adjourned at 4:20 p.m.
Chairman Reed
Cate Rinehart, Admin Spec II
DATE:
TO:
FROM:
SUBJECT:
WASHINGTON, U.S.A
Utility Advisory Committee Memo
Feb 13, 2007
UTILITY ADVISORY COMMITTEE
Helen Freilich, Recycling Coordinator
DEPARTMENT OF ECOLOGY COORDINATED PREVENTION OFF-SET CYCLE AGREEMENT
GRANT # G00700148
Summary: The City applied for Coordinated Prevention Grant (CPG) Off-Set Cycle funds for 2007-2008 last
summer. This application has been approved by the Department of Ecology for total costs of $32,000. The grant
is a 75/25 match, and the local share for the grant is $8,000. The eligible costs are for food waste compo sting
($12,000) and for electronics recycling ($20,000).
Recommendation: Forward a favorable recommendation to City Council to accept the CPG for total
eligible costs of $32,000 and authorize the Director of Public Works and Utilities to sign the agreement.
Background/Analysis: The City previously received one Coordinated Prevention Grant (# G0600218),
including one amendment, for the 2006-2007 cycle. That grant reimburses the City for waste reduction public
outreach, school recycling assemblies, business waste reduction audits, compost education, the Moderate Risk
Waste Facility collection and disposal, and the Comprehensive Solid Waste Management Plan Update.
This new grant is for the off-set cycle, years 2007-2008. The funds in this grant will be used for two projects:
· Food Waste Composting - The goal of this project is to create a demonstration composting site for large
volumes of food waste. A local business/institution will operate a tub composter or another appropriate
technology. The Waste Reduction Specialist and members of the Clallam County Solid Waste Advisory
Committee, Waste Reduction Group will assist with logistics, coordination, and promotion ofthe
program. The business will contribute 25% of the cost of the composter.
· Electronics Recycling -The Waste Reduction Specialist will work with the Waste Reduction Group to
sponsor 1-2 electronics collection events for residents of Clallam County. A private contractor will
collect electronics on a Saturday in May at a central location. Participants will pay a fee of $5 per
monitor and $8 per television which will cover the local share (25% match).
N:\UAC\Final\CPG Grant Off-Set Cycle 2007-2008.doc
Date:
To:
From:
Subject:
FORTANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
February 13, 2007
Utility Advisory Committee
Terry Dahlquist, Electrical Engineering Manager
Reallocation of Budgeted CFP Funding
Summary: Recent storm events identified several power system weaknesses, which need
immediate attention. It is proposed to reallocate 2007 Light Utility CFP funds to provide for timely
correction of these weaknesses. Two priority projects have been identified that can be combined
into one project that can be completed this year to address this need. This can be accomplished by
delaying the highest 2007 project to 2008. The funding released by the shift is sufficient to
complete the proposed project to correct the weaknesses.
Recommendation: Support addition of a new 2007 Light Utility CFP project, CLOl-2007 to
correct power system weaknesses. Funding is to be provided by delaying of CFP project,
CLOl-2004 to 2008.
Background/Analysis: A Light Utility project (CLOl-2004), Feeder Tie Hwy 101, Cherry to Pine
was approved in the 2007 CFP in the amount of$60,000. This project is to construct a feeder tie
between A-Street and Laurel Substations. While this is still desirable for system operation, this
project can be deferred without serious impact. Recent storms have identified two system
weaknesses that should be addressed in advance ofthis project. The system weaknesses can be
summarized in two groups:
1. Many feeders downtown currently have no overcurrent protection other than the substation
breaker. Downed wires, such as experienced in the recent storms, frequently have
remained energized, presenting a hazard. Moreover, an entire feeder frequently needs to be
de-energized to repair just a small portion. Adding fused cutouts can serve as means to
isolate smaller line sections while maintaining service to other loads. Fusing will also
make it more likely that a fallen wire will blow a fuse and de-energize itself, without losing
the entire feeder.
2. The power supply to Green Creek mill and points west along Highway 101 follows a long,
circuitous, and vulnerable route. Installing 600 feet of overhead along Highway 101 would
bypass that routing and improve reliability to all customers in the western UGA. The
number and length of outages in this area would have been greatly reduced had this
connection existed during the last storm.
N:\UAC\Final\Light CFP Reallocation.doc
Both of these items can be completed under a single contract. A new CFP project, CLOl-2007,
copy attached, has been developed for the project. Total estimated construction cost is $50,000 to
$60,000. This cost is within the funds that would be available from shifting the CLOI-2004 project
from 2007 tot 2008. As the total funds had already been approved in the CFP and annual budget,
staffis not planning to go back to City Council for specific approval ofthis project, unless directed
by UAC.
It is recommended that the UAC support addition of a new 2007 Light Utility CFP project to
correct power system weaknesses. Funding to be provided by delaying of current feeder tie project
to 2008.
CAPITAL FACILITIES PROJECT
Estimated Project Costs
PlanningIDesign: $ 5,000
LandlRight-of- Way:
Construction: $ 55,000
Other:
Total: 1 $ 60,000
Estimated Project Funding
Reserves: $ 60,000
Contributions:
Grants:
Bonds:
Loans:
Utilities:
General Fund Current:
Unknown:
Total:
Yearly Expellse SUlnmary - CapitallNet Operatillg
Prior Years I 2006 I 2007 I 20081 2009 I 2010 2011 I 2012 ProjectTotal
$ - I $ - 1 $ 60,000 I $ - I $ - I $ - $ - 1 $ ~ 1 $ 60,000
Year Construction Complete/Operational: 2007 Operating Cost Amount:
Right ofWav: No SEPA Reauired: No Other Permits: No
City Priority: Legal Mandate: No Concurrency: No Contract: No
Department: Public Works & Utilities Division: Light
Contact: Terrv Dahlquist Cost Center:
Justificatioll:
This project will improve system protection and reduce the hazards to the public from downed
power lines during storms. System reliability will also be improved, particularly to Olympic
Medical Cellter.
Title: Downtown FusinglWUGA Feeder Tie
Project Description
This project involves adding fused disconnects throughout the
downtown overhead distribution system, and completing an
overhead line on Highway 101 in the WUGA.
Project#: CLOl-2007
$
$
60,000
Div. Prioritv: 1
Impact if 110t ey:ecuted:
Continued exposure of public to energized lines and more service interruptions during storm
events.
Date Revised: 1119/2007
Downtown FusingIWUGAFeeder Tie
Fundim! Sources
I Light Fund-- Rates
Project #: CLOl-2007
Utilities
I $60,000
Notes:
Picture! Area Map
Tumwater-ChambersIFront-Lauridsen
REVIEW:
Department Head:
Date:
Comm.Dev.Director:
Date:
Finance Director:
Date:
City Engineer:
Date:
City Manager:
Date:
~ORTANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
February 13, 2007
To:
Utility Advisory Committee
From:
Larry Dunbar, Power Resources Manager
Subject:
CFL Markdown Promotion Agreement
Summary: The City was offered an agreement to participate in the "Change a Light, Change
the World" compact fluorescent lamp markdown promotion by Portland Energy Conservation, Inc.
All City expenses under the agreement are eligible for reimbursement under the Bonneville Power
Administration's Conservation Rate Credit program.
Recommendation: Forward a favorable recommendation to City Council to authorize the
Public Works and Utilities Director to sign the CFL Markdown Promotion Agreement.
Background/Analysis: The "Change a Light, Change the World" Compact Fluorescent
Lamp (CFL) Markdown Promotion Agreement was recently offered to the City by Portland
Energy Conservation, Inc. The proposed agreement is in connection with a region-wide promotion
by the Bonneville Power Administration.
The term ofthe proposed agreement is six months and is anticipated to result in City payment of
up to $15,000 to Portland Energy Conservation, Inc. City payments to Portland Energy
Conservation, Inc. will be used to markdown prices at local retailers, which will ultimately reduce
the cost of compact fluorescent lamps purchased by Port Angeles electric utility customers. All
City expenses under the proposed agreement are eligible for reimbursement under the Bonneville
Power Administration's Conservation Rate Credit program.
The City Attorney has reviewed the proposed agreement.
Staff requests that the Utility Advisory Committee forward a favorable recommendation to City
Council to authorize the Public Works and Utilities Director to sign the Compact Fluorescent
Lamp Markdown Promotion Agreement.
N :\UAC\DepDir\CFL Markdown Promotion Agreement.doc
~ORTANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
February 13, 2007
To:
Utility Advisory Committee
From:
Stephen Sperr, P.E., Engineering Manager.
Subject:
Francis St. CSO Pre-design Consultant Agreement Amendment, Project 06-01
Summary: In July 2006 the City selected the engineering firm of Brown and Caldwell to
complete the pre-design of several Combined Sewer Overflow (CSO) projects. After an
evaluation of alternatives for routing wastewater from Francis St. Park to the Wastewater
Treatment Plant was completed, several other routes were identified in consultation with City staff.
Additional design effort is needed to complete the pre-design work for the preferred alternative
before detailed design can begin.
Recommendation: Forward a favorable recommendation to City Council to authorize the
Mayor to sign Amendment No.1 to the Agreement with Brown and Caldwell for pre-design
of the first three of the CSO projects, increasing the maximum compensation amount under
the agreement by $86,000, from $339,000 to $425,000.00.
Background/Analysis: In April of2004 the Washington Department of Ecology issued an
administrative order requiring the City to reduce CSO discharges by 2015 to no more than one
event, on average, per year at each CSO outfall. In response, the City developed a CSO plan and
incorporated it into the General Sewer Plan to address scope, costs, funding and timing of the
required projects. This resulted in Ecology approval of an updated CSO Reduction Facilities
Plan/General Sewer Plan, dated June 2006, and the signing of Agreed Order 3853 in October 2006.
Brown and Caldwell was selected to provide professional services for the CSO projects. The
Brown and Caldwell agreement consists of the City's standard consultant agreement with
attachments defining a scope of work and budget for each task.
The initial agreement and scope of work covered the pre-design ofthe first three CSO projects
only:
· Francis Street Sewer Main (CSO 10)
· Force Mains from Pump Station 4
. Railroad Avenue Sewer Main
N:\UAC\Final\Francis St. cso Amendment.doc
B & C Agreement Amendment
February 13, 2007
Page 2
The pre-design effort was needed to evaluate different route possibilities for the Francis Street
sewer line as well as to analyze where cost savings may be obtained for the group of projects using
joint permitting, etc. On November I, 2006, four alternative configurations were presented to the
City. Based on the presentation, the City requested that three additional alternatives be evaluated
to minimize the impact of construction for that portion ofthe work across Rayonier property. This
work has been completed and was not in the original scope of work.
In addition to evaluating three new alternatives, the amended scope of work, as itemized below,
also provides added tasks 8 and 9 for refinement of the flow management concept for handling all
ofthe increased wastewater flows to the WWTP and to provide archaeological/geotechnical
services. The information developed through these additional elements will be incorporated into
the Engineering Report that will be used as a basis for negotiating a detailed design task with
Brown and Caldwell.
ORIGINAL AMENDED
TASK BUDGET BUDGET
1. Project Management $16,900 $19,011
2. Industrial Waterline (IWL) Condition Assessment and Base $36,600 $36,600
Mapping
3. Preliminary Cultural Resources Assessment $7,000 $7,000
4. Preliminary Geotechnical Engineering . $66,100 $66,100
5 . Environmental Characterization and Permit Identification $22,800 $22,800
6. Project Alternatives Development and Evaluation $167,100 $167,100
7. Engineering Report $22,300 $22,300
8. Evaluate Three Additional Alternatives - $16,735
9. Plant Flow Management System Refinement - $59,092
10. Additional Cultural Resources and Geotechnical Work - $8,025
Total $338,800 $424,763
Funds for this work are available from a low interest design loan secured from the Public Works
Trust Fund, to be repaid by Wastewater Utility rates. This design loan is in the process of being
rolled into a construction loan, where the scope of the design work will be modified to reflect this
additional work and the subsequent detailed design work.
It is requested that the UAC forward a favorable recommendation to City Council to authorize the
Mayor to sign Amendment No. 1 to the Agreement with Brown and Caldwell for pre-design ofthe
first three ofthe CSO projects, increasing the maximum compensation amount under the
agreement by $87,000, from $338,000 to $425,000.00.
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~ORTANGELES
. WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
February 13, 2007
To:
Utility Advisory Committee
From:
Stephen Sperr, P.E., Engineering Manager
Subject:
Easements for East UGA Sewer System
Summary: In order to minimize construction costs, easements from two property owners were
needed to allow construction of several portions of the sewer system on private property.
Recommendation: Forward a favorable recommendation to City Council to (1) approve the
easements, and (2) authorize the Mayor to sign the easements.
Background/Analysis: The City and Clallam County signed an agreement for coordinating the
construction, administration, and operation of the sewer system for the Port Angeles Eastern Urban
Growth Area. The City will own and operate the system and the County will pay for the
construction ofthe system.
There are two easements that are needed to allow construction of several portions of the sewer
system on private property.
Location Purpose Anticipated Compensation
Les Schwab Tire Run pressure sewer around 1. One equivalent residential unit sewer
Store east and north sides of connection (physical cost of connection
property and system fees)
2. Physical disconnect of existing sewer
system from building
Kmart property Lift Station No. 13 $1.00 and "valuable considerations"
It is recommended that the Utility Advisory Committee forward a favorable recommendation to
City Council to (1) approve the easements, and (2) authorize the Mayor to sign the easements.
Attachment: Site maps for both easements
PW 010 1_06 [Revised 6/06]
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DATE:
To:
FROM:
SUBJECT:
~RWGELES
WAS H I N G TON, U. S. A.
UTILITY ADVISORY COMMITTEE MEMO
February 13, 2007
UTILITY ADVISORY COMMITTEE
Gary W. Kenworthy P.E., Deputy Director of Public Works/City Engineer
Added Engineering Staff for Implementation of Phase II Stormwater Permit
Requirements
Summary: The City has been included in the Western Washington Phase II Municipal
Stormwater permit (Permit). The Permit was issued January 17,2006 and will be effective
February 16,2007. The Permit contains numerous requirements for implementation. Additional
staffwill be required to meet the permit needs. At this time one added engineer is needed to
evaluate the impacts and changes required to comply with the permit. The position was not
included in the current budget due to the uncertainty ofthe City's inclusion in the permit. It is
proposed that the Stormwater and Wastewater Utilities fund the position equally.
Recommendation: Forward a favorable recommendation to City Council to authorize the
addition of a new engineering position in Public Works and Utilities, to be funded equally
by the Stormwater and Wastewater Utilities.
Background/Analysis: The City of Port Angeles has been inc1udedin the Western Washington
Phase II Municipal Stormwater permit (Permit). The permit is effective February 16, 2007. The
City opposed inclusion in the Permit. This is outlined in the attached Memo provided to the
Finance Committee on February 6,2007 as a background on the Permit's impacts.
As supported by the City Council, the City is appealing some ofthe Permit requirements along
with other Cities included in Phase II. In addition, the City will be petitioning the Department of
Ecology (DOE) to include the surrounding watershed areas. The City is required to submit a
Notice of Intent (NOI) for coverage under the Permit by March 16,2007. The NOI requires
compliance with the Permit requirements for coverage. The filing of the appeal and petition does
not suspend our need to comply with the Permit's requirements during the appeal process.
Unless the City is removed from the permit, the permit requirements are modified, or other
legislative relief is forthcoming, additional staffing will be required early this year to meet the
permit requirements. At a minimum, one additional Civil Engineer position will be needed
N:\UAC\Final\NPDES II Engineering Staffing.doc
Engineering Staffing for NPDES II
Page 2
February 13, 2007
to review what effort will be required for the Stormwater Management Plan, review and revise
our current ordinances, standards, procedures, etc.(Office and Field), develop schedules to meet
the permit requirements, review funding requirements, and work with the development
community and residents to implement the permit requirements. In that the proposed position
will be working with Combined Sewer Overflows and Stormwater it is proposed to fund the
position equally from the Stormwater and Wastewater Utilities.
The full impact of the staffing and funding needs for the permit will not be known until we have
time to evaluate the entire DOE requirements. The City will also have to review the Stormwater
Utility funding rates later this spring and adjust them to meet the new permit staffing
requirements and construction cost inflation.
It is recommended that the UAC forward a favorable recommendation to City Council to
authorize the addition of a new engineering position in Public Works and Utilities to be funded .
equally by the Stormwater and Wastewater Utilities.
Attachment: Memo on Phase II impacts provided to Finance Committee February 6, 2007.
N:\UAC\Final\NPDES II Engineering Staffing.doc
WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT COMPLIANCE SCHEDULE
ISSUANCE DA TE: JANUARY 17, 2007
EFFECTIVE DATE: FEBRUARY 16.2007
EXPIRATION DATE: FEBRUARY 15.2012
ANNUAL REPORT TO DOE DUE MARCH 31 STARTING IN 2008
Item No.
Description
9
4
6
7
31
44
46
19
37
38
47
49
51
52
53
54
55
56
57
58
59
60
61
62
64
65
66
67
68
69
70
71
72
74
48
50
23
39
75
76
77
78
79
80
81
14
15
16
17
24
25
13
20
21
22
26
27
28
29
30
32
33
34
35
36
91
Provided opportunities for public participation in SWMP
Beoan trackino costs of the develoament and imalemenation of the SWMP
Distribute info to taraet audiences. in area
Tracked public education & outreach activities
Publicized a hotline or local phone no. for public reportinq of spills and illicit discharaes
Adooted and imol reo mech nec to address run off from new dev. redev, and canst sites
Ord includes min rea, thresholds, and def in Apaendix 1 for new dev, redev, and cons sites
Dev. and impl. requlatorv actions to orohibit non-strm, illeaal discho., or dumoina
Trained staff on iden!. invest, termination, cleanup, and reportinq of illicit discarqes and conn
Follow uo trainino on chanaes in orocedures, technioues, or reouiements
Ord include exeotion and variance eouiv to those in Aooendix 1
Ord includes site olanninq and BMP selection equiv to Aooendix 1
Ord allow non-structural prey action and source reductions wuch as LID to min imnv surf
Ord allow Erosivitv Waiver and aeoree excalatina enforcement sanctions1
Dev and imol oermittina to address run off from new dev, redev, and const site
Aoolied permittinq to all disturbed sites 1 acres or areater
Reviewed Stonmwater Site Plans for new dev and redev oroiects
In so orior to clearina and canst. all known dav sites with erosion potential
Insp canst storm controls at all known penmitted dev sites
Enforced based on inso at new dev and redev oro'ect
Inso oermitted dev and redev sites uoon comDI of CDnst
Verified a maint olan is coml and reso for maint is assiqned
Enf as nec based on the inspection
Dev and inol an ena strateov to resond to issues of non-comoliance
Dev and imol a lona tenm 0 & M oroaram for oost const fac and BMPs
Adopt ord that clearl identifies oartv reo for main!. Req inso, and est enf orocedures
Insp post const stonm controls & BMP at new dev and redev aroects
Est maint stnds that are orotective as those in Manual
Perf timelv maint
Annually insD all stormwater treatment and flow control fac
Reduced insa freo documentation
InsD all new stormwater treatment and flow for new resid dev everv 6 mo followina const
Imol orocedure for records of inso and ent
Train all staff in control of runoff from new dev, redev, and const inso and enforcement
Anv exceotions to Aaoendix 1 aranted
Ord orov leoal auth to insoect orivate stonmwater facilities
Prioritize receivinQ waters for visual inspection
Dev and imal onooino trainino on illicit disc/conn reaort and resond for all affected muni staff
Dev and imol 0 & M oam with aoal of orev oollutant runoff from municoal operation
Adop maint stnds as protective of facilitv function as Manual
Perf timelv maint
Annuallv ino and maint all stonm treatment oand flow control facilities
Attach documentation if usinq reduced inso frequency
Conduted spot checks of stonmwater facilities after maar stonms
Inso muni owned or ooer catch basins as least once before end of oermit term
Develooed and currentlu caintain a mao of MS4
Map of all outfalls and structural BMPs
Mao of all outfalls 24" or areater with drainaae basins and land use
Mao of areas that do no discharqe to surface waters
Conducted field assessments for three hiqh priority water bodies
Conducted field assessments on at least one hiah orioritv water bodies
Initiate onqoina oroaram to etect and remove illicit connections/discharaes
Dev. and imol. onaainq oam. to de!. and address non-strm discha., solis, illeoal, or dumoina
Dev. oam. for locatina arioritv areas likelv to have illicit discharaes
Imolemented field assesment activies of outfalls
Dev. and imol. orocedures for characterizinq the potertial nublic threat oosed bv illicit disch.
Dev. and imol. orocedures for tracina the source of illicit disch.
Dev. and imol. orocedures for removina the source of illicit disch. and notifications
Infonm pub emo, businesses, and qen oublic of hazards assoc with illeoal discJwaste
Distributed approp. info. to tarqet audiences
Tracked the number and !voe of soills
Tracked the number of illicit discharoes
Tracked the number of insoections for illicit connections
Received feedback for public info efforts
Attached report on oublic info efforts
Notified DOE of failure to comly with the penmit terms and conditions uaon becomiim'aware
2
3
4
5
2009
6 7
Due 2007; 2008 .
Date ; 1 2 3 4 5 I 6 I 7 8 I 9 10 11 I 12; 1
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8/18/09 . . . :..': .'..'
2/15/10
2/15/10
2/15/10
2/15/10
2/15/10
2/15/10
2/15/10
2/15/10
2/15/10
2/15/11
2/15/11
2/15/11
2/15/11
2/15/11
2/15/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
8/19/11
30 Davs
8
9
10
11
12
I
I
I
I
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I
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2
4
2010
6 7
8
10
11
12
2
4
5
2011
6 7
8
9
10
11
12
PUBLIC WORKS
& UTILITIES
DEPARTMENT
Glenn A. Cutler
Director (4801)
Michael C. Puntenney
Deputy Director (4802]
Gary Kenworthy
Deputy Director and
City Engineer [4803J
Scott Mclain
Deputy Director (4703J
William A. Sterling
Deputy Director (4551J
Terry Dahlquist
Electrical Engineering
Manager (4702)
Steve Sperr
Engineering Manager (4821)
Larry Dunbar
Power Resources Manager
(4710J
Bill Beverford
Water, Wastewater
Collection Superintendent
(4855)
William G. McKenzie
Reet Manager (4835J
James KlaIT
Ught Operations Manager
[4731J
Jeff D. Young
Wastewater Treatment
Plant Superintendent
[4845J
Tom McCabe
Solid Waste Superintendent
(4872J
Gary A. Stempln
Streets & Parils
Superintendentl4825J
Corey Delikat
Streets and Parils
Ass!. Superintendent [4566J
Unda Gunderson
Administrative Supervisor
(4800)
liS,
SHINGTON. U.S.A.
MEMO
DATE: January 26, 2007
TO:Glenn Cutler P.E., Director of Public Works & Utilities
FROM: Gary W. Kenworthy P.E., Deputy Director of Public Works/City Engineer
RE: Phase II Municipal Stormwater Pennit Impacts
Back2l"ound:
After numerous delays the DOE has finally issued the Western Washington Phase II
Municipal Stormwater permit (Permit)which includes the City of Port Angeles. In the
earlier draft copies of the permit the City was included only as a municipality under
consideration for inclusion. During the public review process the City sent two letters
requesting that Port Angeles not be included since it did not meet the population and
density criteria for an Urbanized Area(UA) (Population of 50,000 and density of 1,000
people per square mile) as defined by the Environment Protection Agency (EP A), it is
surrounded by the County and Urban Growth areas that are not under City control, the City
is already covered by permits for Combined Sewer Overflows, and cannot afford the
unfunded mandate cost of compliance. There were no direct responses from DOE to our
letters. DOE responded with a generic document to all comments received.
DOE utilized the EP A "Potential Designation" to include Port Angeles in the permit. This
designation is for those Cities that discharges cause, or have the potential to cause, an
adverse impact on water quality. The Federal Phase II Final Rule required the NPDES
permitting authority (DOE) to develop a set of designation criteria and apply them, at a
minimum, to a Municipal Separate Storm Sewer Systems (MS4s) of a least 10,000 and a
population density of at least 1,000 people per square mile.
The issued permit only covers the incorporation area of the City. The City's comments
mentioned that it should be excluded until the surrounding Olympic National Park, Clallam
County, and UGA watershed areas that carry stormwater into our systems would be
included. Other groups submitted comments that requesting that all sub basins with UGA
areas should be included in the permit. The pennit does allow petitions for inclusion of
added areas for coverage.
The City is required to comply with all conditions of the pennit. Two key statements of
concern are: "The Permittee shall reduce the discharge of pollutants to the maximum extent
practicable (MEP)" and "The Permittee shall use all known, available, and reasonable
methods of prevention, control and treatment (AKART) to prevent and control pollution of
water of the state of Washington". Meeting these requirements alone can be very costly to
the City and economic development.
The City did receive a grant of$75,OOO from DOE to assist in implementation of the penuit.
This will be far short of the costs for this unfunded mandate.
Impacts:
The permit will require the City to develop and implement a Stormwater Man9gement
Program (SWMP) to meet the permit's requirements. This is to be completed no later than
180 days prior to the expiration date ofthe permit (Febtuary 15,2012). The following is an
abbreviated list SWMP requirements that the City "shall" do:
1. Track the cost or estimated cost of development and implementation of each
component of the S WMP, by 1/ 1 /09 and track the number of inspections,
enforcement actions, and public education activities.
2. Include in the SWMP an ongoing program to reduce the discharges of pollutants to
the MEP, meet state AKART requirements, and protect water quality. This includes
requirements for mapping within 4 years and developing/implementing supporting
ordinances within 30 months.
3. Develop a programs for "Public Education and Outreach" within two years, provide
opportunities for (<Public Involvement and Participation" within one year, include a
programfor "Illicit Discharge Detection and Elimination" no later than 180 days
prior to the expiration date ofthe permit. The illicit. discharge program requires
informing the public of hazards, providing a hotline for spill reporting, spill
reporting and tracking,and trainiI~g of staff.
4. Develop a program for "Controlling Runoff from New Development,
Redevelopment and Construction Sites" that disturb aland are 1 acre or greater
within 30 months. This includes many requirements for reviews, multiple
inspections, approvals, maintenance and 0 &M inspections, enfor~ement, training,
record keeping, and reporting. The key issue with this program is the inclusion of
redevelopment standards by DOE which are not required by the Federal Clean
Water Act. Develop a program for Pollution Prevention and Operation and
Maintenance for Municipal Operations. This includes development of maintenance
standards, schedules, annual inspections, spot checks after storm events, inspection
and cleaning of all catch basins, develop practices to reduce storm water impacts
from aU streets, parking areas, and maintenance activities. Also includes reduction
of pollutants from parks, open spaces, right of way, maintenance yards due to
fertilizers, pesticides, herbicides, nutrient and pest management, sediment/erosion
control, landscape/lawn vegetation disposal, trash management, and building
exteri.or cleaning and maintenance. On going training and development of a
Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment storage
yards and material storage area. Records of inspections, maintenance, and repairs.
Many of the above requirements are included in the Stormwater Management Manual for
Western Washington developed by DOE. The City's SWMP must meet or exceed those
contained in the DOE Manual.
The pernlit also requires development of monitoring plans. MonitOling will not be required
during the effective term of this permit except that for characterizing illicit discharges. The
monitoring plans are being developed during this permit cycle so that Cities will be
prepared to implement a comprehensive long-ternl monitoring program in the next permit
cycle.
Annual reports will be required starting March 31, 2008. The reports atc extensive and will
be used to evaluate progress towards meeting the pernlit requirements, completed activities,
progress, and deficiencies, and planned corrective actions. A spreadsheet ofthe required
actions with d\.le dates, sorted by date, is attached.
The A WC Storm water Managers prepared a Municipal Phase II NPDES Permit Alert which
further addresses the issues and impacts of the permit. In addition Foster Pepper issued a
paper on issues of concern. Copies of both are attached.
Conclusion:
Unless the City is removed from the permit, the permit requirements are modified, or other
legislative reHefis forthcoming additional staffing will be required early this year to meet
the permit requirements; At a minimum one additional Civil Engineer level position will
be needed to review what effort will be required for the SWMP, review our current
ordinances, standards, procedures, etc. that will need to be revised (Office and Field),
develop schedules to meet the permit requirements, review funding requirements, and work
with the development community and residents to implement the permit requirements. It is
clear that t.he permit will significantly impact the Public Works and Utilities
Dep.artment and the Planning Department. It will require added engineering staffto
implement, review . inspect,. enforce, and report. The planning staff will also be significantly
impacted on the eduqation, public involvement and participation, permitting, and
enforcement activities. It will impact all utilities, street, and park operations, construction,
and maintenance. Extensive training will he required as well as public education and
involvement. Essentially all of DOE's Construction Stormwater General.Pertnit program
will be transferred to the City. AU private and public develQpment and redevelopment
will be impacted by significant increased requirements to meet the DOE Stormwater
Manual "guidelines".
The fun impact of the staffing and funding needs for tbe permit will not be known until
we have time to evaluate the entire DOE requirements and the response levels that the City
can afford to fund and support. The City will also have to review the Stormwater Utility
funding rates and adjust them to meet current inflation losses and the neW permit
requirements.
N:\PWKS\El'/GlNEER\Stonnwater COlTesponden(':e\Phase 1l1-30-071ssuesl Memo.doc
Municipal Phase n NPDES Permit Issue Alert
(prepared by A we in consultation with Western and Eastern Washington Stormwater
Managers)
The State of Washington Department of Ecology is prepared to issue. a Municipal Stormwater
Permit on January 17 that will affect your jurisdiction. Proposals over the past year to DOE from
the A WC to help craft this permit towards one that cities can fully support have bee~ met with
mixed results. .
Issues/StatusJImoacts
1. .Meeting Permit Requirements in cities with varying levels of Stormwater
Management experience and expertise presents a challenge.
· DOE is sensitive to this and because the Federal Clean Water Act
recogniz~ that the permit is implemented in stages, DOE is allowing
what some consider to be "reasonable" implementation timeframes over
the next 5 years. .
· Cities that haven't yet done much with storm water will have the most
difficult time meeting requirements and DOE is prepared to work with .
Awe to provide information and briefings to impacted cities and elected
officials.
· It's likely the permit -=oo:ap~ed - even if not by cities. There will
be uncertainties associated with trying to meet implementation timelines
and obligations during the appeal period as ~e "clock" continues to tick:.
2. Meeting Permit Requirements will be COSTLY and ONGOING.
· Beyond new public and private infrastructure requirements, for most
jurisdictions this permit will lead to significant programmatic cost
increases. Required cost increases will be a result of increased staffing,
expanded programs such as system mapping, system cleaning, and
monitoring of outfalls. Further. the proposed permit will require
extensive annual reporting in the first permit cycle and expensive water
quality monitoring in future cycles. Somefirefightingprograms may
even be affected!
Most of the requirements come as a result of an ~eaeIal
~il!ifii through the Federal Clean Water Act requirements.
Cities can (and most do) establish Stormwater Utilities and commit the
revenue to capital and administrative obligations included in the permit.
Requirements, like the r~opment'standar.ds- applicab~ in
W~tel!Il'Washington, are being added by the state. There are costs
and legal liability associated with these provisions that if maintained
in the permit, cities will need the state to help cover. Currently the
Governor's proposed 2007-2009 Budget includes some funding, but
clearly not enough. There's no recognition of shared legal liability.
.
.
.
3. 1Jl~~~J'E;lopm~:nt Standards, applicable to property already developed, at~n~t t
fici'lrlrid oy'the Federal Clean Water A.ct and burden cities and property owners
with significant added costs and liability with questionable environmental benefit.
.
They greatly increase economic development costs. Stormwater syst~
costs would increase up to 1200% for private developments and could be
''triggered'' by actions such as a small business remodel.
Transportation ell' stormwater system costs could double. Costs would
not be -~l'~I1i~~~~~~Y, a.cross)~s~Ctions. . , ..,.
RtlcrcHlfBPffibnt of tightly ~onsframed SItes may b~e cost prob,lbibve
diie:t:<<.~.tforested" coiiditionSiimlysis-requirements (i.e., manage run-off
as if the site was forested and bare of impervious surfaces, even though it
may have been completeiy paved for years). Such requirements do not
take into consideration vested rights, relocation of existing utilities,
existing site constraints, and the potential to trigger other requirements
such as street frontage improvements that further drive up redevelopment
costs.
They could result in p~~~nghts 'ta1ciiJ.gS' Claiins f6r which
local governments in Western Washington will be responsible. The
permit will require most jurisdictions to achieve the same stormwater
runoff characteristics from developing and redeveloping areas as would
be expected from forest lands.
Property owners may decide to abandon redevelopment proj ects because
of added costs - thus thwarting state and local Growth Management
efforts to redevelop and intensify uses of urban lands.
.
.
.
.
4. In tandem with the State's Construction Stormwater Permit (currently under
appeal), require duplicative permitting for construction sites greater than an acre
by the State and local jurisdictions
. DOE is aware of this and is willing to. approach the Legislature with
ways to "fix" this regulatory overload.
. Cities want to help, but don't want to take on added permitting,
inspection and liability issues.
5. It'eqmnn-g Cities to adopt and. use DO~'~''fAavisoiYW Stormwater ~1aKual which
has never been adopted through an official rulemaking process.
-. Cities choosing not to use it must demonstrate that any alternative results
in equal or better stonnwater management.
Options
With Phase II NPDES Permit adoption immihent, impacted cities should consider:
· Planning on significant new resources for stormwater management and roads projects
· Joining in permit appeal efforts by contacting A WC's Dave Williams (davew@awcnet.org-;
360-754-4137) or Tim Gugerty (timll@awcnet.orlr; 1-800-562-8981) by January 24,2007.
· Begining both of the above
r(17f912oo-tTGary:~~worthY~ T'E5<TJitin ----
~~
~"----~_.
=-~=--==~- ~:
:-
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On January 17, 2007, the Washington State Department of Ecology issued the Phase II municipal
stormwater permits for Eastern and Western Washington. The permits, fact sheets and response to
comments are available on Ecoloav's website .
The permits require, among other things, that municipalities develop a Stormwater Management Program
that includes:
· Public Education and Outreach
· Public Involvement and Participation
· Illicit Discharge, Detection, and Elimination
· Controlling Runofffrom New Development and Redevelopment
· Construction Site Runoff Control
· Pollution Prevention/Operation and Maintenance for Municipal Operations.
The following provisions of the permit are particularly important:
· Water Quality Standards (Special Condition 54): The permit requires compliance with water quality
standards. (Special Condition 54). Because municipalities do not have complete control over substances
that enter storm drains, this requirement unfairly exposes municipalitIes to liability. Ecology added to the
final permit a series of required responses to violations of water quality standards, but did not include
language stating that compliance with these response actions constitutes compliance with water quality
standards. In the Response to Comments, Ecology states that it will exercise discretion in bringing
enforcement actions for violations of water quality standards, but this does not eliminate municipal exposure
to third party lawsuits. (Response to Comments, page 62).
· Illicit Discharge Detection and Ellmlnatlon (Special Condition S5C.3): This condition contains
extensive requirements that may be difficult to comply with.
· Controlling Runoff from Development, Redevelopment, and Construction Sites (Special Condition
[m19f2M'!} ~~~""TEXT.'2!!!! ~====.=~~~=~=~~=_ --=-.=.~=_=.~=~~==-_._--:~~: :~=---'___"-- .-- ~-=~~!:.~g~?:~
5C.4): The permit requires the use of Ecology's stormwater management manuals or a demonstration that
n alternate approach protects water quality, reduces pollutants to the maximum extent practicable, and
onstitutes all known, available and reasonable methods of prevention and treatment (AKART). While
cology's Response to Comments states that Ecology's storm water manuals are guidance, the response
Iso states, NAs part of the permit, compliance with the requirements contained in Appendix 1 [portions of
cology's Stormwater Manuals] (or an equivalent approved by Ecology) is a permit requirement. The permit
Iso references relevant portions of the stormwater manuals which then become permit requirements..
Response to Comments, p. 27). Therefore, the Stormwater Manuals (or an equivalent approach) has been
leveted to an enforceable standard and must be followed to avoid violating the permit. With regard to
ppendix 1, which contains portions of Ecology's Stormwater Manuals, the substantive requirements remain
he same as the draft permit, except that Ecology has included a one-acre threshold. Note that the one--acre
hreshold is not available for jurisdictions with ordinances that currently regulate sites of less than one acre.
ppendix 1 also now authorizes adjustments and exceptions/variances, subject to meeting certain
equlrements. The deadline for adopting ordinances and implementing programs to control stormwater from
ew development, redevelopment, and construction sites was extended from 24 months to 30 months from
e effective date of the permit.
ecause of the extensive requirements contained in the permits, regulated entfties should carefully review
e permits as soon as possible to determine compliance capabilities. Appeals of the permit must be filed
"thin 30 days.
or additional information, contact: Lori Terry or Kathy Gerla.
eam about other important legal bulletfns in the Foster Pepper newsroom.lf you do not wish to receive e-
ail announcements from Foster Pepper. please send a message to news@foster.com.
Foster Pepper PLLC
Date:
To:
From:
Subject:
~ORTANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
February 13, 2007
Utility Advisory Committee
Stephen Sperr, P .E., Engineering Manager
Department of Health Agreed Order
Summary: Due to lack of progress in the design/construction ofthe Port Angeles Water
Treatment Plant (P A WTP) by the National Park Service (NPS) as part of the federal Elwha Dam
Removal Project, the Washington State Department of Health (DOH) gave notice to the City in
October 2006 that it intended to issue a State Directive Order to further ensure that the City
would come into compliance on two water quality issues "in a timely fashion".
Recommendation: Forward a favorable recommendation to City Council that it (1)
approve the terms of a new Agreed Order with the DOH, and (2) authorize the Public
Works and Utilities Director to sign the Agreed Order.
Background/Analysis: The City's water system has two water quality issues of concern that it
is currently addressing: (1) exceedence of the "action level" for copper under the federal Lead
and Copper Rule, and (2) the designation of the Ranney Collector well water source as
Groundwater Under the Influence of Surface Water. This designation requires the City to
comply with the EP A's Surface Water Treatment Rule (SWTR).
In the last ten years, two Bilateral Compliance Agreements and an Agreed Order were entered
into by the City and DOH addressing these two issues. The attached City Council memo dated
September 2005 summarizes the background and history of these agreements. The September
2005 Agreed Order currently in place combined the two issues and acknowledged that both
would be adequately addressed by the construction ofthe P A WTP. Unfortunately, due to
circumstances out of the control of the City, the process of obtaining final design approval from
DOH for the P A WTP was stopped by the NPS for eight months last year.
The DOH had provided 95% review comments on the P A WTP construction documents prepared
by NPS' consultant engineers, URS Corp., in February 2006. After six months of waiting for
and not receiving responses to their comments, DOH expressed concern to the City that the
P A WTP might not meet the deadline date for construction August 30, 2008 that is in the
September 2005 Agreed Order. On October 16,2006, they sent a letter to the City confirming
their concern in writing and outlining the steps they would like to see the City take to ensure that
the two issues are met, regardless of the status ofthe Elwha Dam Removal Project, by August
30, 2008.
N:\UAC\Final\Agreed Order with DOH.doc
DOH Agreed Order UAC Memo
February 13, 2007
Page 2
City staff discussed available options with the DOH, and later met with DOH staff on January
25. After further discussions, the DOH agreed to keep the new compliance document an Agreed
Order, adding additional deliverables and interim deadlines, as outlined in the table below.
Deliverable Sept. '05 Agreed Feb. '07 Agreed
Order Date Order Date
Submit P A WTP construction documents for Nov. 30,2005
-
approval
Complete construction ofPA WTP Aug. 30, 2008 Sept. 30, 2009
Verify P A WTP treatment processes meet
mandated "2- to 4-log removal" requirements of - Dec. 31, 2009
SWTR
3-log interim CT via chlorine (currently 2-log) - Apr. 1, 2007
Submit monthly report verifying 3-log CT is - April 2007
being met on a daily basis
Submit action plan addressing interim mitigation
& "what if Elwha Dam Project doesn't happen" - Dec. 31, 2007
scenano
Approved treatment plant operators in place - Oct. 31, 2009
before P A WTP startup
Submit Water System Plan Amendment/funding - Apr. 30, 2007
strategy
Submit corrosion control report - Apr. 30, 2007
Submit design and construction documents for - Sept. 4, 2007
corrosion control
Obtain approval of construction documents for - Dec. 31, 2007
corrosion control
Install corrosion control treatment facility - June 29, 2008
Notify customers of "treatment technique" - Mar. 30, 2007*
violation quarterly
* And by mail every quarter until P A WTP is in place and operating
There will be an increased cost to the City due to this new Agreed Order, especially as it relates
to the design, approval and construction of a temporary corrosion control facility. City staffwill
have more information on this by February 13.
It is recommended that the Utility Advisory Committee forward a favorable recommendation to
City Council that it (1) approve the terms of the new Agreed Order, and (2) authorize the Public
Works and Utilities Director to sign the Agreed Order.
Attachment: September 20, 2005 City Council memo
DATE:
To:
FROM:
SUBJECT:
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
September 20, 2005
OTY COUNCIL
Olenn A. Cutler, Director of Public Works and Utilities
Agreed Order with the Department of Health; Water Quality Compliance
Summary: An Agreed Order has been negotiated between the City and the Washington State
Department of Health (DOH) to formally address the installation of a surface water treatment
plant for the City, as well as the need for corrosion control treatment as a result of past
exceedences of the copper action level.
Recommendation: Approve the terms of the Agreed Order, and authorize the Public
Works and Utilities Director to sign the Agreed Order and negotiate minor modifications
to it.
Background/Analysis: In 1997 a bilateral compliance agreement, BCA #7207, was negotiated
between the City and the DOH. It was in response to findings that the City's potable water
supply exceeded the United States Environmental Protection Agency's (EPA's) action level for
copper. BCA #7207 required the City to cover all of its reservoirs by certain dates, then to
resample for copper and lead. If either copper or lead exceeded its action level during re-
sampling, the City would be required to install corrosion control treatment to reduce the levels of
copper and/or lead to within acceptable levels.
A separate BCA, #00-02-014, was negotiated in 2001. It addressed a finding by the DOH
designating the City's Ranney Collector well water source as Groundwater Under the Influence
of Surface Water (OWl). This designation required the City to comply with the EP A's Surface
Water Treatment Rule. The agreement and the Rule included a number of options to avoid
construction of a surface water treatment plant by January 26, 2006.
Acknowledging that the federal government was planning to construct a water treatment plant
for the City as part ofthe Elwha River Ecosystem and Fisheries Restoration Act, in 2004 the
1997 and 2001 BCAs were combined into one BCA, #2004-BCA-0074. The combined BCA has
two requirements: (1) the City will submit construction documents for the treatment plant to the
DOH for review by February 28,2005, and (2) construction of the treatment plant must be
complete and the new plant placed in service by December 31, 2007.
Due to design delays by the federal government, the treatment plant construction documents
have not been submitted to the DOH. In addition, re-sampling in 2004 showed that the City's
water distribution system still exceeded the action level for copper. For these reasons, City staff
and the DOH have negotiated an Agreed Order. This Order changes the delivery date of the
construction documents (the design) to November 30,2005 and the construction completion date
to August 30, 2008. The design of the treatment plant incorporates pH adjustment elements that
would provide the required corrosion control.
N:\CCOUNCIL\CC2005\CC0920\Dept of Health Agreed Order.doc
September 20, 2005 City Council
Re: Dept of Health Agreed Order
Page 2
Agreed Order No. 2005-SAG-0002, like its predecessor #2004-BCA-0074, allows for civil
penalties of up to $5,000 per day for failure to comply with any provisions of the Order. It also
allows for new penalties of up to $10,000 per day if the violation is determined to be a public
health emergency. It also allows the Operating Permit status for the City's water system to be
categorized as red, which may result in loans and building permits being denied until the
violation is corrected.
Besides these changes described above, the terms of the Agreed Order are no different than
#2004-BCA-0074. To avoid being found in violation of#2004-BCA-0074, as well as to gain
more time in meeting the compliance dates for design and construction of the treatment plant,
staff recommends that Agreed Order No. 2005-SAG-0002 be signed by the City. The Utility
Advisory Committee has reviewed the recommendation and forwarded a favorable
recommendation to the City Council to approve the terms of the Agreed Order, and authorize the
Director to sign the Agreed Order and negotiate minor modifications to it.
N:\CCOUNCIL\CC2005\CC0920\Dept of Health Agreed Order. doc