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.