HomeMy WebLinkAboutWater Board - Minutes - 09/17/1993WATER BOARD MENUTES
September 17, 1993
3:00 - 4:58 P.M.
Water & Wastewater Utility Conference Room
700 Wood Street
City Council Liaison
Gerry Horak
Staff Sunnort Person
Mike Smith
Members Present
MaryLou Smith, Acting President, Ray Herrmann, Tom Brown, Paul Clopper, Dave Frick, John
Bartholow, Howard Goldman
Staff
Rich Shannon, Mike Smith, Dennis Bode, Wendy Williams, Steve Comstock, Ben Alexander,
Tom Gallier, Curt Miller, Jim Hibbard, Molly Nortier
No Guests
Members Absent
Neil Grigg, President, Tim Dow, Dave Stewart, Terry Podmore
Acting President MaryLou Smith opened the meeting. The following items were discussed:
Minutes
Ray Herrmann moved that the minutes of August 20, 1993 be approved as distributed. After
a second from Paul Clopper, the Board voted unanimously to approve the motion.
Update: Northern Colorado Water Conservancy District
No report
Draft Ordinance Regarding Liquid Waste Hauler Permits
Board members received background information which explained that liquid waste hauler
permits are required to control septage discharges to the Sanitary Waste Transfer Station. "The
permit system is intended to protect the sewage treatment system and receiving waters from
pollutants or other agents which might be contained in unregulated discharges." Amendments
to the City Code are being requested to define septage, and to more directly specify the
requirements for liquid waste hauler permits. The permit form has also been revised with
assistance from the City Attorney's Office to clarify and improve the document.
Water Board Minutes
September 17, 1993
Page 2
These changes are intended to improve information provided to Utility customers, and to more
directly connect the liquid waste hauler permit to remedies which may be enacted under the
Code in the event of discharge violations. Board Members also received copies of the draft
ordinance.
Steve Comstock, Water Reclamation Manager, reiterated that the intent with this draft ordinance
was to update, clarify and improve the permit that is currently being used. "The area that staff
was the most concerned with was enforcement. "In the last few years, we've had a few of the
haulers pull away from the station and leave their valves open creating a mess in the area of the
station, and also along the state highway." Staff was in a situation where "we would call the
violator, and they would say that they would clean it up sometime that week, but we knew it had
to be cleaned up quickly," he said.
The intent of revising the permit was to give the Utility more clout in enforcing clean up. "We
also took the opportunity to build in more of a boiler -plate permit than what was originally
written," he said. The request for a change in this ordinance was to define septage waste which
was not in the code. It is clear from the Code, and a number of ordinances there, that we can
issue the permit, but "we wanted to make sure that septage waste was defined," he stressed.
"We also took the opportunity to say that it is also unlawful to discharge septage waste to the
Utility without first obtaining a permit."
He continued by saying that most importantly, by using this permit, we have brought our septage
haulers in line with the recently revised local pretreatment limits in our industrial pretreatment
program. "As a result, we can fall under some of the most recent enforcement actions given
to that program."
Essentially the permit is there to provide information for both the Utility and the customer.
Generally what we are seeking is to clarify who our customers are and clarify their response to
us, Mr. Comstock explained. Staff recommends approval of the ordinance as drafted.
Tom Brown asked who the typical customers are. "Roto-rooter, A-1, Northern Colorado Waste
Management, and a few small outfits; we have about nine different businesses," Mr. Comstock .
replied. "Is pretreatment feasible with this kind of operation?" Mr. Brown continued. "What
we do is a 'quick and dirty' pretreatment monitoring," Mr. Comstock explained. When they
come into the septic station the haulers are asked to dump waste into a holding pit from which
samples are checked for pH and conductivity; conductivity gives an indication if there is a large
quantity of metals. If for some reason it doesn't pass, it is stored in a separate holding tank for
24 hours; after that time period they are required to remove the waste. "Has that ever
happened?" MaryLou Smith asked. "Yes, there have been two loads that were returned to the
source," Mr. Comstock replied. In the winter there are many different chemicals used,
especially in portable toilets to prevent freezing. Some folks were using spent anti -freeze for
r
Water Board Minutes
September 17, 1993
Page 3
awhile, so sampling showed very high conductivity. In another case a private septic tank came
from somebody who apparently was doing some meat -packing in his garage, "but for the most
part, we don't see too many problems. At this point we don't have a penalty for a bad load;
we just don't take it," he said. "However, they are required to let us know what's happened to
the load." "What are these guys doing who take it back?" Paul Clopper wanted to know. "In
most cases if the load is not in compliance with local limits, the hauler will go back and deal
with the customer, and the customer is required to make arrangements to dispose of it
appropriately."
"So the small customer would use one of the big operators; they wouldn't come directly to the
septage facility?" Ray Herrmann asked. "If it was an individual customer with an RV dump,
the load would be tested and would be subject to the same standards, but RVs aren't usually out
in freezing weather, for example," Mr. Comstock explained. They wouldn't have to obtain a
permit; permits are for commercial entities.
Marylou Smith asked if the Utility has any state liability for haulers who use our facilities and
don't have permits. "The permit is strictly from us, but in the permit they are required to have
a Larimer County Septage Hauler's license," Mr. Comstock replied. "An updated license
(renewal each year) is part of the permit system."
Tom Galiier added that the issue was that the County's permit was enacated to insure that the
vehicle was properly constructed, and without that permit it's difficult to know what vehicles
those are. "We've had problems with people driving off with valves improperly closed, but in
each case it wasn't because the vehicle wasn't properly maintained, but because the driver did
something 'stupid,"' he related.
Mr. Comstock said staff is hoping the enforcement for discharge violations will help save clean-
up costs; obviously you can't leave the waste lying on the ground.
Ray Herrmann moved that the Water Board recommend approval of the draft ordinance to the
City Council. After a second from Paul Clopper, the Board voted unanimously for the motion.
Appointments to Standing Committees
Chair Marylou Smith thought the best way to approach the appointments was to find out if
anyone who is currently on a committee wishes to remain there, and to allow the two new
members to choose the committee or committees they wish to join. Ms. Smith asked each
committee chair or one of the members to explain the function of each committee for the benefit
of the new members. The standing committees are:
Water Board Minutes
September 17, 1993
Page 4
Engineering
Dave Stewart, Chairperson
Paul Clopper
Former Board member Tom Sanders' name was removed
Conservation and Public Education
MaryLou Smith, Chairperson
Ray Herrmann
Terry Podmore
Dave Stewart
Legislative and Finance
Tim Dow, Chairperson
Former Board member Tom Sanders' name was removed
Water Supply
Former Board member and chair of the Committee Mark Casey's name was removed
Tom Brown
Dave Frick
MaryLou Smith
Two special committees have been established recently:
City Council/Water Board Water Planning Committee:
Council: Alan Apt, Gina Janett, Bob McCluskey
Water Board: Tim Dow, MaryLou Smith, Dave Stewart
Cost of Service Committee:
Tim Dow, Ray Herrmann, Howard Goldman, Dave Stewart, Neil Grigg, Chairperson
After a brief description of each committee, the new members made a committee choice.
Because the Legislative and Finance Committee was short on members (only chairperson Tim
Dow), Howard Goldman agreed to help out there. John Bartholow selected the Water Supply
Committee. MaryLou Smith asked Tom Brown to act as chair of that committee until the
Committee selects a new chairperson. Tom Brown pointed out that any member of the Water
Board is welcome to attend any of the Committee meetings. It was also pointed out that the
president of the Board is an ex officio member of all the standing committees.
E
Water Board Minutes
September 17, 1993
Page 5
Consideration of ProvWy Purchase (Executive Session)
MaryLou Smith asked for a motion to go into executive session to discuss a possible property
purchase relating to the Meadow Springs Ranch. Ray Herrmann moved that the Water Board
go into executive session. Dave Frick seconded the motion and the Board expressed unanimous
approval.
After a lengthy discussion, the Board emerged from the executive session to make their decision
in open session. Ray Herrmann moved that the Board endorse the agreement in concept
forwarding the Board's concerns to the Council/Water Board Water Planning Committee which
will make a decision and forward a recommendation to the City Council. The Board also agreed
that they were comfortable with referring the final recommendation to the Water Planning
Committee. After a second, the Board voted unanimously to support the motion.
National EPA Awards
MaryLou Smith wanted to take this time to congratulate the Drake Water Reclamation Facility
for being selected to receive EPA's 1993 national first place award for outstanding operation and
maintenance in the large advanced category, and our Industrial Pretreatment Program which has
been awarded first place nationally for an outstanding pretreatment program in the Significant
Industrial Users category for 1993. Both of these awards will be announced officially at the
EPA Wastewater Management Excellence Awards Ceremony on Monday, October 4th in
Anaheim California.
"This is major," Ms. Smith continued, "and I think this is something the Water Board should
go on record to recognize." Ray Herrmann moved that the Water Board prepare a letter
recognizing and congratulating staff for these awards. John Bartholow seconded the motion.
The Board gave hearty unanimous approval of the motion. MaryLou Smith concluded by saying
that "we as a Water Board can be proud that we have consistently supported staff and guided
staff in terms of wanting to be on the 'cutting edge,' even when it means that higher rates are
necessary. We want to have high quality water and wastewater that exceed what is expected,"
she stressed.
"It's quite an accomplishment for the City," Mike Smith remarked. "There aren't too many
communities in the country that can say they won both national awards." He emphasized that
we competed in the large advanced operations category, so the awards are particularly
significant.
Ms. Smith wanted to know if there is any way we could "get a little more press out of this."
Mike Smith said that Mayor Azari would like to come to the next Water Board meeting to make
a special presentation. However, the October meeting may not fit into Steve Comstock's plans,
Water Board Minutes
September 17, 1993
Page 6
and he's a critical part of this. Also in October we will officially receive the awards. Several
staff members will be going to Anaheim to participate in the presentations. Ray Herrmann
suggested that Water Board recognize these awards in November.
Staff Reports
Treated Water Production Summary
Board members received copies of the treated water production summary. Dennis Bode reported
that for August the City used 3,486 Ac-ft of water, and that was 87% of what we projected for
an average year. August was somewhat drier than average, but it was also cooler, so "on
balance we used less water." For the year to date, we are at 87% of what was projected for the
year, "so it's continuing to be less than what was expected." He also pointed out that the 52.5
million gallons that was reached one day in July is going to hold up as the peak day.
MaryLou Smith said she was absent from the last meeting but she read in the minutes and from
the handouts at the meeting about Dennis Bode's response to her question as to whether our
planning for drought, and our planning for water supply is still up to date. "I appreciated Dennis
Bode preparing that and it's reassuring to know that we are in good shape," she said.
Forest Service Special Use Permit
Mike Smith said that not much has changed from the last meeting. The draft biological opinion
from the Fish & Wildlife Service is due next Friday. "They think they might get the final out
by October 8th." The Forest Service has begun to work on their NEPA process. They plan to
have a forum meeting in early October. Dennis Bode attended a meeting this morning. Mr.
Bode reported that not much new emerged from that meeting. "There is some frustration about
the direction they're going and whether they are properly following the process."
Mr. Smith concluded by saying that the F&WS has a tough task trying to resolve the Nebraska
issues.
Update on Thornton Case Decision
Mike Smith reminded the Board that they received a summary of the Thornton decision at the
last meeting and in this month's packet as well. Dennis Bode reported that there have been at
least three meetings in the last three weeks. At one meeting they set a series of dates to discuss
the decree. All of them have been informal meetings; either on legal or technical issues. Mr.
Bode thinks there is another meeting with the judge during the first part of October. Actually,
there is a series of 8-10 meetings anticipated and scheduled during October, November and
December to lead up to a final decree.
Mr. Smith related that the Utility's legal counsel told him that during one of the first meetings,
Thornton tried to get out of everything the judge tried to make them do, "but the judge held
firm. "
Water Board Minutes
September 17, 1993
Page 7
"Once they establish that there is some quantifiable right that Thornton has," Paul Clopper
began, "isn't it true that they still must go through the next step in the process which is some
kind of environmental assessment to ascertain whether there will be environmental impacts in
their going ahead with the project, and transferring that quantity of water?" "It depends on how
they're going to get the water there," Mr. Smith replied. "Once they get a decree that's solid,
then moving the water physically (if they can do it on paper) it's there." He added that "of
course all the problems of building a major pipeline across 60 miles are still ahead of them."
Dave Frick commented that he thinks their ultimate plan is to tie into the Southern Pipeline.
"They certainly won't admit to that in any of the decree hearings," Mr. Bode responded.
Cross Connection Update
Jim Hibbard refreshed the Board on what had been discussed at the last meeting. One of the
items that was mentioned was the search for a new Cross Connection Control Administrator.
In the meantime the Utility received 9 applications, and "after reviewing those applications we
were reluctant to proceed with the process, because we felt we needed a larger sample to choose
from," he said. They re -advertised in both Denver papers and that ad will end one week from
today (September 24th). Staff revised the job description somewhat, and also advertised the job
in a couple of additional places.
Water Quality Policy
Mike Smith announced that the Water Quality Policy "has cleared all the hurdles," and it is
expected to go to Council in October for the first and second readings. Ms. Smith asked what
"cleared the hurdles" entailed. "That means it went through the committees, it received input
from various related boards, we received feedback from surrounding districts, and then the
policy went back to the Council members who were involved in drafting it, for final comments,"
Mr. Smith explained.
John Bartholow asked if there was feedback from other boards. "There was only one change
which the P&Z Board offered, and that was cooperation in the basin," Mr. Smith replied. Their
concern was that whatever is done to make water quality good, we need to make sure it doesn't
hurt someone else's water quality in the process. In other words, look at it with a cooperative
attitude.
Feedback on Recommendations from the Conservation Committee
"How about the recommendations from the Conservation Committee, and those issues going to
other boards?" MaryLou Smith asked. Dennis Bode said Jim Clark had a meeting scheduled
with the P&Z Board, but they ran out of time. He will be going back to that board as well as
the Natural Resources Board within the next few months.
Water Board Minutes
September 17, 1993
Page 8
Committee Reports
There were no committee reports.
There was nothing new in either the Regional Water Supply Strategy item or the Regional
Wastewater Service Issues.
Adiourn
Since there was no further business, the meeting was adjourned at 4:58 P.M.
Water Board ecretary