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HomeMy WebLinkAbout~Master - NPDES Permit Appeal for WPC Facility RESOLUTION NO. 11-423 RESOLUTION ACCEPTING NEGOTIATED LANGUAGE FOR ISSUES PERTAINING TO NPDES PERMIT APPEAL FOR WATER POLLUTION CONTROL FACILITY FOR THE CITY OF AMES, IOWA WHEREAS, on September 1, 2010, the Iowa Department of Natural Resources (IDNR) issued a "final"National Pollutant Discharge Elimination system (NPDES) permit for the Ames Water Pollution Control (WPC) facility; and, WHEREAS, staff identified five elements of the new permit that could impose a significant financial impact on the rate-payers of the Ames sanitary sewer utility,while providing only marginal environmental benefits; and, WHEREAS,these were issues that staff had raised with the IDNR while the permit was open for public comment, and the IDNR rejected the recommended changes offered by Ames; and, WHEREAS, on September 14, 2010,the Council authorized staff to file an appeal of those five permit elements,and staff has been engaged in an extended discussion and negotiation with the IDNR over the past year in an attempt to find mutually acceptable resolutions to each of the five elements; and, WHEREAS, the permit elements of concern are as follows: 1) the new permit altered the minimum dissolved oxygen limitations from the previous seven-day average limitation to a single- day limitation;2)the new permit established a single-day carbonaceous biochemical oxygen demand limit, as opposed to the previous permit's seven-day average limit; 3) the new permit included language that reads "wastes in such quantities as to exceed the design capacity of the treatment works....are considered to be a waste which interferes with the operation or performance of the treatment works [and]are prohibited....";4)the new permit contained a compliance schedule for the installation of disinfection at the facility, calling for the system to be operational within 37 months of the effective date of the permit; and, 5)the new permit would not allow the continued use of the plant's existing peak wet-weather treatment scheme of"blending"and,instead,would treat it as an illegal bypass; and, WHEREAS, Ames staff and IDNR have reached agreement in the proposed settlement agreement on the following:Ames agrees to conduct a Sanitary Sewer System Evaluation in general conformity with the City's 2011-2016 Capital Improvements Plan;Ames agrees to conduct a Long- Range Water Pollution Control Facility Plan in general conformity with the City's 2011-2016 Capital Improvements Plan;the settlement agreement requires that by July 1, 2014,the City will submit to the IDNR a plan outlining the conclusions thus far determined to be needed; Ames agrees to take action to reduce infiltration and inflow into its wastewater collection system. No additional specificity is proposed to quantify what will be required in the collection system; Ames will be responsible for determining the extent to which additional equalization basin capacity is appropriate. However, the IDNR must concur with conclusions and recommendations reached by the City; Overflows from the equalization basin will be considered by the IDNR to be a bypass; and,pending the completion of the above activities,the IDNR acknowledges that overflows from the equalization basin are events that are beyond the control of Ames and that the IDNR may not impose civil penalties. However, protection from the imposition of civil penalties does not preclude the IDNR from requiring Ames to increase its storage basin capacity if it determines it will be necessary; and, WHEREAS, staff has concluded that the negotiated terms are the best for the City that can be secured at this time, therefore, it is recommended that staff be directed to accept the proposed settlement agreement with the IDNR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the direction of staff to accept the negotiated language,resolving all issues that the City raised in the appeal of the NPDES Permit for the Water Pollution Control Facility, is hereby accepted. ADOPTED THIS 23rd day of August, 2011. j , ;� Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Davis Voting aye: Davis, Goodman, Larson, Mahayni, Orazem Voting nay: None Absent: Wacha Resolution declared adopted and signed by the Mayor this 23rd day of August, 2011.