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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M-7
DATE: June 25, 2012
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
A RESOLUTION AUTHORIZING THE WASTEWATER DEPARTMENT TO FILE A
PROPOSAL WITH THE COLORADO WATER QUALITY CONTROL COMMISSION TO
RETAIN THE EXISTING TEMPORARY MODIFICATION FOR SELENIUM AND
SULFATE FOR SEGMENT 1a OF THE LOWER ARKANSAS RIVER
ISSUE
Should the City Council authorize filing a proposal to retain the existing temporary modification
for selenium and sulfate for Segment 1a of the Lower Arkansas River?
RECOMMENDATION
Approve this Resolution.
BACKGROUND
The Colorado Department of Public Health and Environment schedules a hearing annually to
review temporary modifications of water quality standards that are scheduled to expire within
the next two years. The temporary modification on the Lower Arkansas Segment 1a for
selenium and sulfate will expire 12/31/2013. The Wastewater Department will propose an
extension of the temporary modification to allow time to work with the Colorado Department of
Public Health and Environment after the revision of the EPA Selenium Criteria Document is
published and to consider converting the temporary modification to a Discharger Specific
Variance.
Discharger specific variance protocol was adopted by Colorado in 2010, as the preferred option
for dealing with situations where “human caused conditions or sources of pollution prevent the
attainment of the use and cannot be remedied or would cause more environmental damage to
correct than to leave in place”.
Expiration of the temporary modification could force the City to construct treatment facilities to
remove selenium and sulfate from the City’s wastewater effluent. Both substances are
naturally-occurring substances that human activity does not contribute in the City’s wastewater.
Construction and operation of such treatment facilities would be extremely costly to the City and
would force an increase in wastewater rates. It is in the best interest of the City to have City
staff participate in the public process to provide testimony in rulemaking hearings in order to
protect the City’s rights.
FINANCIAL IMPACT
The decision on this temporary modification will directly affect Pueblo’s discharge permit, and
may impact Pueblo’s wastewater rates if the temporary modification is not extended.
RESOLUTION NO. 12440
A RESOLUTION AUTHORIZING THE WASTEWATER
DEPARTMENT TO FILE A PROPOSAL WITH THE
COLORADO WATER QUALITY CONTROL COMMISSION
TO RETAIN THE EXISTING TEMPORARY MODIFICATION
FOR SELENIUM AND SULFATE FOR SEGMENT 1a OF
THE LOWER ARKANSAS RIVER
WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system
subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality
Control Act, and;
WHEREAS, the City of Pueblo is directly impacted by Water Quality regulations in terms
of compliance and finances, and;
WHEREAS, the City of Pueblo’s Wastewater National Pollutant Discharge Elimination
System (NPDES) permit, that dictates normal operations, is periodically impacted by these
regulations, and;
WHEREAS, the Colorado Water Quality Control Commission has scheduled a
rulemaking proceeding on temporary modifications that will expire within two years where
affected parties are afforded the opportunity to comment, and;
WHEREAS, the loss of the temporary modification for selenium and sulfate on Segment
1a of the Lower Arkansas River could adversely affect the City of Pueblo by requiring that the
City construct treatment facilities to remove selenium and sulfate from its wastewater effluent;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Wastewater Department, on behalf of the City of Pueblo, is hereby authorized to file
a proposal with the Colorado Water Quality Control Commission to retain the existing temporary
modification for selenium and sulfate for Segment 1a of the Lower Arkansas River.
SECTION 2.
The Wastewater Department is authorized to seek party status in proceedings related to
the above referenced issues on behalf of the City of Pueblo, and be represented therein by the
Wastewater Department, the City Attorney, and special counsel approved by the City Attorney.
INTRODUCED: June 25, 2012
BY: Sandy Daff
COUNCIL PERSON