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Home My WebLink About5.563 Original Contract - . " 5. 5l.P!> --Z. STATE OF WASHINGTON DEPARTMENT OF HEALTH SOUTHWEST DRINKING WATER OPERATIONS 2411 Pacific Avenue · PO Box 47823 . Olympia, Washington 98504-7823 (360) 664-0768 · FAX: (360) 664.8058 TDD Relay 1-800-833-6388 BILATERAL COMPLIANCE AGREEMENT THE CITY OF PORT ANGELES AND WASHINGTON STATE DEPARTMENT OF HEALTH DOCKET #2004-BCA-0074 The following compliance agreement is hereby established between the Washington State Department of Health (hereinafter, Department) and the City of Port Angeles, the owner, operator, and purveyor of Water System, ill # 68550M, a Group A Community water system in Clallam County (hereinafter, the Purveyor). A. The Parties agree that the previous Bilateral Compliance Agreements, BCA Docket No. 7207 and BCA Docket No. 00-02-014, are hereby revoked. B. Pursuant to previous Bilateral Compliance Agreements established between the Purveyor and the Department for Surface Water Treatment Rule and Lead and Copper Rule compliance, the Department acknowledges that the Purveyor has completed the following actions: (1) On May 30,2001, the Purveyor completed construction of 144 feet ofa 16-inch water main, thus providing additional chlorine contact time for water served to customers of the Elwha Heights Water Association. (2) On January 5,2002, the Department approved a preliminary report submitted by Purveyor evaluating filtration alternatives. (3) 0 n February 5, 2002, the Department approved a report submitted by Purveyor summarizing testing protocol for selected filtration alternatives. The Purveyor underwent on-site pilot and bench scale testing after Departmental approval was granted. (4) 0 n December 12, 2003, the Department approved a proj ect report submitted by the Purveyor for a new surface water treatment plant. The project report included information on pH adjustment to address outstanding exceedances of the copper action level. C. The Purveyor agrees to undertake the following actions to comply with the Surface Water Treatment Rule and the Lead and Copper Rule: 1. Design of Filtration Facility: By February 28, 2005, the Purveyor shall submit to the Department construction documents including drawings and specifications of filtration and related facilities to be constructed. The construction documents must also include a process to adjust pH of the treated water to reduce copper levels below the action levels. Public Health - Always Working for a Safer and Healthier Washmgton ......." o The construction documents to be submitted to the Department must be reviewed and approved by the Purveyor prior to submittal. 2. Construction of Filtration Facility: By December 31, 2007, the Purveyor shall verify to the Department that construction, start-up, and testing of filtration and related facilities is complete and the new plant has been placed into service. D. The Department agrees to: 1. Defer any enforcement. The Department shall defer any enforcement actions for violations as long as the conditions of this agreement are being met. 2. Mediation. The Department shall intercede on behalf of the Purveyor with the United States Environmental Protection Agency (USEP A) for the violations addressed in this agreement as long as the conditions ofthis agreement are being met. 3. Renegotiate agreement. The Department agrees to renegotiate the level of activity of the schedules identified in this agreement if requested by the Purveyor. 4. Terminate agreement. The Department agrees to terminate this agreement if requested by the Purveyor. E. It is understood that failure to comply with this agreement without reasons acceptable to the Department may result in -the termination of this agreement and the issuance of a departmental order or referral to the USEP A for enforcement. Failure to comply with a departmental order may result in the imposition of penalties of up to $5000 per day, per violation. F. All documents or reports required by this agreement, questions about compliance, and requests to modify this agreement shall be directed to Linda Kildahl, Regional Compliance Manager, PO Box 47823, Olympia, Washington 98504-7823. Please include the docket number (2004-BCA-0074) in any submittals or correspondence re2:ardin2: this BCA. WASHINGTON STATE DEPARTMENT OF HEALTH ~~ (Signature) Denise Lahmann, Regional Manager (title) ~ 10 15 (date) (360) 753-8733 (phone) CITY OF PORT ANGELES ~T.6;;l (Signature) Director of Public Works & Utilities (title) II J 10 J 0+ (date) (~G.o) -+'1' +900 - (phone) 2 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 City Clerk File No.: 1IIIIIIIIIIm 11111 ~ I ~ I 2005 1163539 Clallam County Interlocal Agreement S:5"~3 FILEO rOR RlCORU t, '( 1 '.: ~;. lJLI[~: 1 'IF (J./) . [,'J" _ ---;:--~..... ~~ ~ :'.::'-- - ..,... ~., ~'..J~ ........_...~'"'"' ,~ ~ C Ok.... ~ () I r4 t~ . '... '.. _." t , t. !.... f. ll. H G 1_' 2005 AUG 25 AN 8: 58 (l) Agreement between the City of Port Angeles and l;>~kvn~ S~ _~ %~ Purpose: Comp\ \.~Ct ~ Dated: ~!~?'J c< \J{;)t I tJl) 5.5t.P3 STATE OF WASHINGTON -v DEPARTMENT OF HEALTH SOUTHWEST DRINKING WATER OPERATIONS 2411 Pacific Ave. · P.O. Box 47823 · Olympia, Washington 98504-7823 (360) 664-0768 · FAX (360) 664-8058 TDD Relay Service: 1-800-833-6388 BILATERAL COMPLIANCE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE WASHINGTON STATE DEPARTMENT OF HEALTH DOCKET #00-02-014 The following compliance agreement is hereby established between the Washington State Department of Health (hereinafter, Department) and the City of Port Angeles, owner, operator, and purveyor of Water System, ID #68550M, Group A Community water system in Clallam County (hereinafter, Purveyor). Introduction This Bilateral Compliance Agreement was developed because of the designation of the Purveyor's primary water source (Ranney Collector, Source SOl) as a Groundwater Under the Influence of Surface Water (GWI). The Department acknowledges that the Purveyor will pursue, in addition to alternative strategies described in the Purveyor's Action Plan, a GWI compliance strategy based on filtration of water from the existing Elwha Ranney collector. These alternative strategies will assume the Elwha dams are not going to be removed. The Department agrees to review the Purveyors work product submittals and proposals of this agreement in the context that the Elwha dams will remain in place and not be removed in the near-term future. The Department acknowledges that filtration technology of Purveyor's GWI compliance strategy may not be appropriate if the Elwha dams are removed. If this is the case, the Department shall inform Purveyor of the Department's position on this issue in writing upon final selection by Purveyor ofthe filtration technology to be implemented. The Department acknowledges that the National Park Service is currently planning supply and treatment facilities for the Purveyor and other Elwha river water users as mitigation for the proposed removal ofthe Elwha dams. The Department acknowledges that mitigation treatment for Purveyor's domestic water system is expected to include filtration technology with capabilities that meet or exceed those ofthe filtration technology to be evaluated by Purveyor as part of this agreement. The Department acknowledges that, at the time ofthis agreement, the schedule of Purveyor's GWI compliance activities is similar to the Elwha dam removal schedule of activities for planning and designing mitigation facilities for the City's domestic and industrial water systems. Thus, the Department agrees that at some time, depending on the results of Purveyor's pursuit of filtration and non-filtration GWI -compliance alternatives, it may be appropriate for Purveyor to discontinue its own pursuit of GWI compliance. This would be done @~18 Page 1 of 4 o BILATERAL COMPLIANCE AGREEMENT in recognition of the parallel activities being undertaken on its behalf by the National Park Service that may enable the City to become GWI-compliant. The Purveyor agrees to: 1. Provide Adequate CT or Treatment to E1wha Heights Water Association: By Apri12, 2001, the Purveyor will have: . provided adequate CT (2.0 log Giardia inactivation) to customers ofE1wha Heights Water Association; or . installed approved treatment units on customer connections; or . removed customers of the E1wha Heights Water Association from the City system. 2. Provide Preliminary Evaluation of Alternatives: By August 1,2001, the Purveyor shall submit to Department for approval a report summarizing the Purveyor's preliminary evaluation of filtration alternatives for the City's Ranney Collector (Source SOl). 3. Provide Testing Protocol Report: By August 1,2001, the Purveyor shall submit to Department for approval a report summarizing testing protocol for one or more filtration technologies. 4. Provide Testing of Filtration Alternatives: By March 1,2002, the Purveyor shall have completed on-site pilot and bench-scale testing and other testing proposed in the Testing Protocol Report. 5. Provide Testing Report: By July 1,2002, the Purveyor shall submit to the Department a report summarizing the results of the filtration alternative testing. 6. Provide Prolect Report: By July 1,2002, the Purveyor shall submit to the Department a project report in conformance with WAC 246-290-110 that clearly describes the filtration and related facilities to be constructed and their location. 7. Provide Design of Filtration Facility: By January 5, 2004, the Purveyor shall submit to the Department the design, including drawings and specifications, of the filtration and related facilities to be constructed. 8. Provide Construction of Filtration Facility: By January 23,2006, the Purveyor shall have completed construction, start-up, and testing of the filtration and related facilities, completed and submitted the Department's standard construction certification report, and placed the facilities into service. The Department agrees to: 1. Compliance with Existing Conditions: See paragraph 1 of the Introduction. BILATERAL COMPLIANCE AGREEMENT Page 2 of 4 2. Respond to Work Product Submittals: The Department shall review the Purveyor's work product submittals for the above-listed compliance task items and provide written comment of the proposals contained in Purveyor's work product submittals within 60 calendar days of their submittal. The Department agrees to review the Purveyor's work products soon after their submittal to the Department to identify results, recommendations, or proposal elements to which the Department expects to formally disagree with, disapprove, or request modifications. If such disagreement, disapproval, or modification requests are expected based on the Department's initial review, the Department agrees to provide written comments to Purveyor within 30 days of receipt of submittal to ensure adequate time for Purveyor to make revisions to the submittal and resubmit to the Department for its further review. If further review by the Department of re-submittals extends beyond 60 days from receipt of an initial submittal, the Department agrees to grant an extension of the overall schedule for this agreement by the amount of time taken for review in excess of 60 days. 3. Respond to Other Work Product Submittals: The Department shall review Purveyor's work product submittals related to its alternative GWI-compliance pursuits as identified in the Purveyor's Action Plan and other undocumented, unforeseen, alternative GWI-compliance pursuits, in a timely manner the same as described above for work product submittals for compliance task items listed in this agreement and shall grant overall schedule delays for extended review time beyond 60 days. 4. Defer Any Enforcement: The Department shall defer any enforcement action on the Purveyor for regulatory violations associated with the GWI classification as long as the conditions of this agreement are being met. 5. Mediation: The Department shall intercede on behalf of Purveyor with the United States Environmental Protection Agency (USEP A) for regulatory violations associated with GWI classification as long as the conditions of this agreement are being met. 6. Renegotiate Agreement (General): The Department agrees to renegotiate the content and schedule of this agreement if requested by Purveyor because of unforeseen circumstances that occur that affect Purveyor's GWI-compliance activities. 7. Terminate and Renegotiate Agreement (Approval of Other Alternative): The Department acknowledges that the Purveyor is evaluating compliance alternatives other than filtration on a parallel schedule to this agreement. The Department agrees to terminate this agreement and renegotiate a new bilateral compliance agreement, if appropriate, if the Department approves a compliance alternative other than filtration. 8. Elwha Dam Removal Impact: As stated in the Introduction, the Department recognizes the special circumstances involving the potential removal of the Elwha dams. Therefore, if appropriate as determined by the Department, the Department will agree to renegotiate this agreement to closely align the scope and schedule of activities with those of the Elwha dam removal proj ect. It is li;nderstood that failure to comply with this agreement without reasons acceptable to the Department may result in the termination of this agreement and the issuance of a departmental BILATERAL COMPLIANCE AGREEMENT Page 3 of4 , . order or referral to the USEP A for enforcement. Failure to comply with a departmental order may result in the imposition of penalties of up to $5,000 per day, per violation. All documents or reports required by this agreement, questions about compliance, and requests to modify this agreement shall be directed to Cheri Paine, Southwest Drinking Water Operations, PO Box 47823, Olympia, Washington 98504-7823. Please include the docket number (#00-02-014) in any submittals or correspondence regarding this BCA. WASHINGTON STATE DEPARTMENT OF HEALTH CITY OF PORT ANGELES REPRESENTATIVE ~ (Signature) 4 ~A (Signature) \), T\..€""'L"'" A..-o"D ...-... tvo~('J ~ ()T7'-'l.n C!::l (title) Section Head (title) Sde.ce~ 27, 2-00{:) (date) (360) 753-5953 (phone) ~'1t-.....~ \),2-obl (date) C "360) 4i 7 --'!-,OQ (phone) BILATERAL COMPLIANCE AGREEMENT Page 4 of 4