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HomeMy WebLinkAbout10969RESOLUTION NO. 10969 A RESOLUTION AWARDING A CONTRACT IN THE MAXIMUM AMOUNT OF $63,602.00 TO GEI CONSULTANTS, INC. /CHADWICK ECOLOGICAL DIVISION, FOR TESTIMONY AND EXPERT WITNESS SERVICES WHEREAS, The City of Pueblo owns, operates and maintains a water reclamation facility subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality Control Act, and WHEREAS, The water reclamation facility operates under the requirements of a discharge permit issued by the Colorado Department of Health and Environment, and WHEREAS, The terms and conditions of the discharge permit are based on the beneficial use classifications and numeric criteria applied to the receiving water; and WHEREAS, The Colorado Department of Health and Environment conducts periodic public hearings to review and revise beneficial use classifications and standards; and WHEREAS, The Colorado Department of Health and Environment has scheduled a public hearing to review beneficial use classifications and standards for the Arkansas River Basin in June 2007: and WHEREAS, The water quality standards for selenium and sulfate established in that June 2007 hearing will have a significant and direct monetary impact on the operation of Pueblo's water reclamation facility; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. A contract in the maximum amount of $63,602.00 is hereby awarded to GIE Consultants, Inc. /Chadwick Ecological Division, to provide testimony and expert witness services in the June 2007 Arkansas River Basin Hearing before the Colorado Water Quality Control Commission. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said project have been appropriated in the 2007 Sewer User Fund. APPROVED: ESID NTof City Council ATTESTED BY: CITY CLERK INTRODUCED April 9, 2007 BY Randy Thurston Councilperson Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: APRIL 9, 2007 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AWARDING A CONTRACT IN THE MAXIMUM AMOUNT OF $63,602.00 TO GEI CONSULTANTS, INC. /CHADWICK ECOLOGICAL DIVISION, FOR TESTIMONY AND EXPERT WITNESS SERVICES ISSUE Should the City Council award a contract to GEI Consultants, Inc. /Chadwick Ecological Division, for testimony and expert witness services? RECOMMENDATION Approval of this Resolution BACKGROUND The consultant will provide written and oral expert witness testimony as to the occurrence of selenium and sulfate in the Lower Arkansas River, the degree to which aquatic communities are affected by selenium, and site - specific criteria for selenium that would provide appropriate protection for aquatic species. In 2004 the Colorado Water Quality Control Commission placed Segment 1a of the Lower Arkansas River (Fountain Creek to Avondale) on the list of threatened or impaired waters because selenium concentrations exceed the State - assigned water quality standards. Pueblo's James R. Dilorio Water Reclamation Facility discharges to this segment. The effluent limits and other conditions contained in the discharge permit under which the Water Reclamation Facility operates are directly affected by beneficial use classifications and standards applied to the segment, thus affecting the operating costs for the facility. The consequence of the river segment being placed on the impaired stream list is that federal law requires that a Total Maximum Daily Load (TMDL) and a Waste Load Allocation (WLA) be performed. Strict application of these processes could result in Pueblo being ordered to remove selenium from its reclaimed water. The cost of selenium removal using reverse osmosis treatment technology was estimated at $35 million in construction costs and $2 million annual operating costs in 2000 dollars. Because Pueblo contributes less than 5 percent by mass of the selenium in the river segment, Pueblo's removing selenium from its effluent would not bring the river segment into compliance. Selenium and sulfate exceed Colorado's water quality standards in the Lower Arkansas River, largely as a result of natural sources. In 2004, the Wastewater Department undertook additional studies to identify and quantify sources of selenium and sulfate in the Arkansas River from the Pueblo Dam to the Huerfano River near Boone. The Colorado Department of Health and Environment and EPA Region 8 have tentatively agreed that the study meets the requirements for a Use Attainability Analysis, which is a mechanism allowed under the Federal Clean Water Act to justify less restrictive water quality standards. The Colorado Department of Health and Environment has scheduled a public hearing to review water quality classifications and standard for the Arkansas River Basin in June 2007. The City of Pueblo intends to recommend site - specific standards for selenium and sulfate. GEI Consultants, Inc. /Chadwick Ecological Division was part of the study team that analyzed and interpreted data from the 2004 study. GEI Consultants, Inc. /Chadwick has also performed considerable research on agricultural irrigation practices in the Lower Arkansas River Basin and is recognized as an authority on irrigation - related water quality issues by both the Colorado Department of Health and Environment and by EPA Region 8. Their testimony will be needed in having appropriate water quality standards adopted. FINANCIAL IMPACT Funds for this project are available from the Sewer User Fund and were appropriated in the 2007 budget.