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HomeMy WebLinkAbout12466RESOLUTION NO. 12466 A RESOLUTION AUTHORIZING THE WASTEWATER DEPARTMENT TO PARTICIPATE IN THE HEARING PROCESS WITH THE COLORADO WATER QUALITY CONTROL COMMISSION TO ADDRESS REVISIONS OF THE ARSENIC STANDARDS PROPOSED BY THE WATER QUALITY CONTROL DIVISION . 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 arsenic standards where affected parties are afforded the opportunity to comment, and; WHEREAS, the more stringent arsenic standards could adversely affect the City of Pueblo by requiring that the City construct treatment facilities to remove arsenic 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 participate in the hearing process to consider changes to arsenic standards in the Basic Standards (Regulation #31) and individual segments in all basins. 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: August 13, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION # M-10 AGENDA ITEM DATE: August 13, 2012 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AUTHORIZING THE WASTEWATER DEPARTMENT TO PARTICIPATE IN THE HEARING PROCESS WITH THE COLORADO WATER QUALITY CONTROL COMMISSION TO ADDRESS REVISIONS OF THE ARSENIC STANDARDS PROPOSED BY THE WATER QUALITY CONTROL DIVISION ISSUE Should the City Council authorize participation in the arsenic hearing process with support from outside legal counsel? RECOMMENDATION Approve this Resolution. BACKGROUND The Water Quality Control Commission scheduled a hearing for April 13, 2013 to consider changes to water quality standards for arsenic. The Water Quality Control Division (hereinafter “the Division”) has provided a draft proposal to a stakeholder workgroup for comment. The Water Quality Control Commission will consider adoption of a final proposal at the April 2013 hearing. Segments of Fountain Creek and Arkansas River in Pueblo exceed the proposed arsenic stream standard. Arsenic is a naturally-occurring substance in these streams; it is not of human origin. If the Division’s current proposal is adopted, Segment 1a of the Lower Arkansas River, where the Pueblo’s Water Reclamation Facility discharges, will be listed as impaired for arsenic. Development of a Total Maximum Daily Load (TMDL) would be required. A result could be an effluent limit for arsenic in Pueblo’s discharge permit, reducing the amount of arsenic that the Water Reclamation Facility would be allowed to discharge. The arsenic limit would likely be at a level that would require additional treatment and disposal of a waste stream. Construction and operation of such treatment facilities would be extremely costly to the City and would force increases 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. The Wastewater Department staff will work with special legal counsel to coordinate efforts with other municipalities to ensure that the standards are developed appropriately. The City Attorney has approved the use of Vranesh and Raisch as special counsel for this effort. FINANCIAL IMPACT The decision on reducing the Colorado water quality standard for arsenic will affect Pueblo’s discharge permit, and may impact Pueblo’s wastewater rates.