HomeMy WebLinkAboutWater Board - Minutes - 08/20/1993WATER BOARD MINUTES
August 20, 1993
3:00 - 5:35 P.M.
Water & Wastewater Utility Conference Room
700 Wood Street
City Council Liaison
Gerry Horak
Staff Support Person
Mike Smith
Members Present
Neil Grigg, President, Dave Stewart, Tim Dow, Tom Brown, Terry Podmore, Dave Frick, John
Bartholow, Howard Goldman
Staff
Mike Smith, Dennis Bode, Wendy Williams, Ben Alexander, Keith Elmund, Jim Hibbard, Curt
Miller, Tom Gallier, Dave Meyer, Scott Harder, Andy Pineda, Jim Clark, Molly Nortier
Guest
George Reid, Citizen Observer
Members Absent
MaryLou Smith, Paul Clopper, Ray Herrmann
President Neil Grigg opened the meeting. The following items were discussed:
Introduction of New Water Board Members
President Grigg welcomed new Water Board members John Bartholow and Howard Goldman.
Mr. Bartholow was appointed in July to a four year term, while Mr. Goldman will complete the
term of Mark Casey who resigned from the Board in June. Board members and staff introduced
themselves to the new members, and Mr. Goldman and Mr. Bartholow were asked to provide
a brief introduction of their backgrounds. Mr. Bartholow works for the U.S. Fish and Wildlife
Service in a research job. He graduated from CSU with a Masters degree in Wildlife Biology,
and he has been working in a biologically related field ever since; initially in terrestrial biology,
and began in '81 with aquatic biology. Since that time he has been working with a group that
was originally called the instream flow group. "In the process I've learned a lot about
hydrology, ecology, negotiation, and water projects of 0 sorts," he concluded.
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August 20, 1993
Page 2
Mr. Goldman has been an attorney in Fort Collins for 10 yeas. His interest in water law and
environmental law began in law school. "Since I began my practice here, however, I've been
pretty far removed from that, but I continue to maintain my interest in water law, and hope to
nurture it," he said. Mr. Goldman also has training in mediation, alternative dispute resolution
and creative problem solving.
For the benefit of the new members, Dr. Grigg gave a short history of the Water Board and
explained how it operates. He also explained the function of the six standing committees.
Minutes
Dave Stewart moved that the minutes of June 18, 1993 be approved as distributed. After a
second from Dave Frick, the Board voted unanimously for approval.
Update: Northern Colorado Water Conservancy District
John Bigham was not able to attend so there was no report.
Conservation and Public Education Committee Proposal
This item was moved up on the agenda because Dave Stewart, who was delegated to give the
report, had to leave the meeting early. The Conservation and Public Education Committee met
on August 11th to discuss the implementation of two measures from the demand management
resolution. The first measure provides for the amendment of the Land Development Guidance
System (LDGS) to award points for water conserving actions by developers of commercial,
industrial, and multi -family residential properties. The second measure relates to the
development of water conserving irrigation standards for all landscapes subject to City review
and approval (commercial and industrial as well as multi -family residential areas).
Dave Stewart pointed out the memo prepared by MaryLou Smith, the Chair of the Committee.
Attached to the memo was the background information for the proposed implementation of
Demand Management measures 8 and 9. Essentially, the Committee has asked that the Board
review this and make a recommendation.
Jim Clark, Water Conservation Specialist, said that the attachment was self descriptive for what
the proposed policy is. He reported that the proposed policy is the result of a long process that
involved working with a couple of committees comprised of local ldhdscape and irrigation
company representatives. The next step will be to work with City staff, primarily planning, to
devise specific options for administering the policy. "What you have in front of you is basically
the content," Mr. Clark said. Staff now needs to develop ordinances and determine how the
policy will be administered. Staff will then take that to the Natural Resources and P&Z Boards
with specific requests for adoption and further comments. Following that staff is proposing that
it will go to the newly created Council/Water Board Water Planning Committee prior to taking
40
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August 20, 1993
Page 3
it to Council, hopefully late this year or early next year. Mr. Clark then asked for questions
and comments. "What staff is looking for at this time is conceptual approval of the Board," he
said.
Dave Stewart recalled that the Committee also wanted the policy to be reviewed by Parks &
Recreation. Mr. Clark aged. Mr. Stewart also pointed out that 40-45 % of our water is used
for landscape irrigation, and of that 45 %, 35 % is used on commercial and industrial properties.
"Even though this is a fairly small portion of the landscape use, it is probably something that
is controllable and savings could be significant over a year's period," he commented. The
committee thought this was a good start in trying to implement conservation.
Dave Stewart moved that the Water Board conceptually approve the Committee's
recommendation, and following the W & WW Utility staff and Planning staff input, that it go
to the P&Z, the P&R, and the Natural Resources Boards for their review and comments, and
then be passed on to the Water Planning Committee, and eventually to the Council. Terry
Podmore seconded the motion.
Dr. Grigg asked Jim Clark to explain how the joint Council/Water Board Water Planning
Committee evolved. Mr. Clark said that a joint Demand Management Committee, comprised
of 3 Council members and 3 Water Board members, met throughout 1990 and the first part of
1991. They began by assessing what the City was currently doing relative to demand
management, and also what was desirable to be done. The result was a proposal that eventually
went to Council, and had three parts: (1) Set specific goals for reducing demand management
in per capita terms for annual and peak use; (2) Establish that the policy would be reviewed
annually and adjusted as necessary to meet those goals; (3) Designate 12 specific measures that
would be implemented in the following years. What the Board is considering today are two of
those 12 measures. No. 9 deals with enacting minimum irrigation standards for all commercial
irrigation systems, and multi -family, basically anything the City already reviews in its
development process (not single family residences). No. 8 provides incentives (not regulations)
for xeriscape or water conserving kinds of landscape measures. He said that progress continues
on most of the other 10 measures in varying degrees too.
Dave Stewart mentioned that these measures have the potential of adding one staff member,
possibly a landscape architect, to the planning section. He added that there would probably be
some impact to the review fees for developers, but the Committee "didn't have a handle on that
yet." Mr. Clark said that staff will be soliciting Planning Dept. input on how it will be
administered, what it will cost, who will do it, and how we're going to pay for it. "We'll be
coming up with those options, and the Council/Water Board Planning Committee and City
Council will make those decisions."
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August 20, 1993
Page 4
"When the letter was sent to professional contractors, was there anything controversial that came
out of that?" Dr. Grigg wanted to know. "Unfortunately we didn't have any responses," Mr.
Clark replied, "and I don't know if that's good or bad." There will be one more public review
process; actually in this case, more directed to the development community, since they may be
involved in terms of paying for it. That will probably be in a month or two. Mr. Clark stressed
that the irrigation and landscape industries have been very supportive, at least as indicated by
the committee members, but of course they are not directly paying for it. Most of the 99% who
are already doing a good job, see it as a benefit.
Tom Brown asked how the incentives will work for earning points. What was initially proposed
was through the LDGS in the point charts that they use through the City's development review
process, Mr. Clark began. "It's basically tied in with each category of development." A
developer consults the point chart and must get a minimum percentage of those possible points;
conceivably the incentive for water conserving landscaping would be another item on the chart.
"If you did these sorts of things you would get these points toward getting the minimum
percentage. The incentive in that case would be to get your development passed; it's not a
financial incentive," he explained. "So someone would have to decide how many points would
be awarded relative to the other things that can already earn points," Mr. Brown clarified. Mr.
Clark said that's basically how it would work, "but we haven't made any recommendations on
that at this point; that's the next level of detail."
John Bartholow asked how much you can lean on what has happened in other places for ideas
about what has and hasn't worked. "We do that a lot. There is a pretty tight network among
my colleagues and myself. It seems that each City has a little different twist," Mr. Clark
responded.
Terry Podmore pointed out on p. 2 where it says "the following three assumptions," there are
only two listed. Mr. Clark said it should be two.
Further down on the page Mr. Bartholow asked about the sentence that began "At a marginal
cost of $2.25 per gallon... Is that per day?" Scott Harder replied that it would be a capital
cost of gallons per day of treatment plant capacity.
Tim Dow said he likes the idea of coordinating this with the Planning Dept. by using the LDGS
and developing some incentives for water conserving landscaping.
President Grigg called for the question. The Board voted unanimously to recommend the policy
in concept.
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August 20, 1993
Page 5
Recommended 1994 Water Fund and Wastewater Fund Budgets
Water Board members received a summary of the recommended 1994 Water Fund and
Wastewater Fund Budgets in their packets for their information and review. According to the
memo, staff has focused on the City Council's objective of reducing and/or forestalling increases
in utility rates in preparing the budgets. The recommended budget includes a 3.62% decrease
in operation and maintenance (O&M) expenses in the Water Fund and a 0% increase in O&M
expenses in the Wastewater Fund. Also, 1994 budgeted funds for minor capital expenditures
were decreased by 4.74% in the Water fund and decreased by 7.24% in the Wastewater Fund.
Several Payments & Transfers items are projected to increase in 1994. Most of these items are
fixed costs. According to the memo, the greatest increase is for debt service (bond interest and
principal) in the Wastewater fund. The increase in debt service is a result of the $24.5 million
loan the Utility acquired in 1992 to fund the master plan improvements at the Drake Water
Reclamation Facility (WWTP#2). The additional debt service will cause wastewater rates to be
adjusted by 6% in 1994. "This is consistent with the Wastewater Treatment Master Plan
adopted by the City Council in 1990. The master plan included rate increase projections of 6%
per year for the 1992-1995 period."
The memo concluded that the "good news" is that the previously projected 1994 water rate
increase of 5% has been reduced to 0%. It is anticipated that there will be water rate increases
during the 1995-1998 period to fund capital improvements associated with the Water Treatment
Mast Plan (currently being developed) and to fund anticipated inflationary increases in O&M
expenses.
Along with this background information Mike Smith took the Board step-by-step through the
recommended budget using overheads. He began with a summary of the water fund which
included O&M expenses, Minor Capital Outlay, Payments and Transfers, Total Budget, and
Staffing, comparing the 1993 budget with the proposed 1994 budget.
Mr. Smith explained that minor capital outlay is a term used for minor capital projects,
replacements, main replacements, purchase of equipment, vehicles, tools, laboratory equipment,
etc. "It is not major capital projects," he stressed.
Payments and Transfers are items that are basically fixed costs, he explained and include:
payments to the general fund; capital projects; PILOT (a payment in lieu of taxes that we pay
to the general fund and is 5 % of our gross operating budget); General fund admin. (a
predetermined figure that we pay the general fund for services we receive such as City Attorney
charges, City Manager's Office, Personnel, Finance, etc.); Utility billing expense (paid to Utility
billing office for generating bills); meter reading expense (what we pay Light & Power for meter
reading); water assessments (paid to irrigation companies for assessments for their water stock
we own; that's usually offset by water rental); bond interest and bond principal; other (last year
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August 20, 1993
Page 6
included money for National Heritage Corridor designation); and contingency (operating
contingency for emergencies). "The proposed water fund operating budget decreased by about
.91 % for 1994," he said.
Staffing, which includes permanent, seasonal, hourly and contract positions, is staying nearly
the same as in 1993. "Basically this is a status quo type of budget," he concluded.
Tom Brown asked what the difference is between bond principal and interest versus capital
projects. Mr. Smith explained that those are interest and principal payments on bonds that we
have already issued. The dollars for capital projects is money that we will appropriate next year
to fund new capital projects. "We aren't projecting any new bond issues, so we don't have any
new debt showing," he said. Mr. Brown also asked about PIFs. "Any PIF income from
developers goes into the water fund reserves and is allocated to growth related capital projects,"
Mr. Smith replied.
The next graph compared various items on the proposed water fund budget with the 1993
budget. The graph provides a sense of the magnitude of various categories. "You can see it's
a pretty labor intensive operation," he pointed out. Also with the debt service it's a capital
intensive operation; building water plants, distribution lines, treatment reservoirs, etc.
Dr. Grigg asked if it is possible to estimate the lifetime of distribution lines to get an idea of
when they need to be replaced. "It various quite a bit," Jim Hibbard replied. "We have some
that we are replacing now, and others that have been in operation longer, and are still in good
shape. It depends on the type of material that is used and where it was installed," he explained.
"On the average an 80-100 year life is usually pretty good." "Hot soils" that cause rapid
deterioration are relatively rare, he stressed.
A pie chart graphic showed the percentage of each expense category in the water fund budget.
Mr. Smith again pointed out that staff is projecting a 0% rate increase in the water fund budget.
"That's different from last year when we were projecting a 5% increase for '94."
The wastewater fund budget is very similar to the water fund, Mr. Smith began. There will be
a 0% increase for O&M expenses and a small decrease in minor capital outlay. In fixed costs
there will be a small increase in capital projects. Bond interest and bond principal show a
substantial increase because of a 1992 loan which we are just beginning to pay off. The 12.63 %
increase in the total operating budget is all in the bond and principal area. There basically will
be no change in staffing.
Comparing the 1993 budget and the 1994 projected budget, there is a large jump in bond interest
and bond principal. According to the pie chart graphic, bond and interest make up over 30%
of the budget. Last year staff projected a 6% rate increase for '94 and that's still what will be
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August 20, 1993
Page 7
needed to cover the bond interest and principal increase. For a typical family residential
customer this will mean an 86 cent per month increase; .52 for principal and .34 for interest.
These increases were projected when the Wastewater Master Plan was approved. The 6% is
right in line with what was projected then, "and that's what we are presenting to Council," he
added.
Mr. Smith next showed a graphic of the total water debt service from 1992-2010. The different
colors were the various currently outstanding debt issues. There are projects on the horizon that
will require additional bonds to be signed. "Last year we refinanced some debt at a lower
interest rate."
On the wastewater side there aren't as many issues because "we haven't borrowed money as
many times as with water. One issue occurred when we borrowed a lot of money to finance the
Anheuser-Busch improvements, but A-B pays us those debt service payments every year. He
indicated on the graphic the loan that was taken out last year which resulted in the 6% rate
increase. Another 6% rate increase is projected for 1995.
Mr. Smith displayed a chart of the Water and Wastewater growth related capital projects paid
for with PIFs. Listed under water fund projects recommended for 1994, are automated
mapping, Harmony Transmission Line, meter conversion program, raw water intake, Southwest
system improvements, treated water reservoir, water treatment expansion and water supply
development. Expenditures were projected thorough 1998. The total recommended for 1994
is $1,925,000. He pointed out that water supply development (in blue) is the one area financed
with Raw Water Requirements development fees.
On the Wastewater side, the growth related projects are in green. Mr. Smith explained that
some projects are difficult to categorize because they are a combination; part are financed with
PIFs and part with fees. The Regional WWT facility is obviously growth. Treatment plant
expansion is half and half. Improvements at the Mulberry Wastewater Plant are half and half.
Dr. Grigg asked if there was anything related to regulatory requirements where there are "hot
spots" in either the water or wastewater areas. "When we get into the water treatment master
plan discussions, we'll be hearing a lot about that," Mr. Smith predicted. He added that the
major policy issues coming up in a year or so are going to be in that area. "We will be
spending a lot of money for improvements," he said.
John Bartholow asked about Mr. Smith's comment about the $100,000 a year for water supply
development not being related to growth. "Is that because of a perceived deficit for that part
of the policy to catch up?" "It is growth related but PIFs are not used for that," Mr. Smith
responded. He explained that there are two different development fees; one is a Plant
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August 20, 1993
Page 8
Investment Fee (PIF) which generally covers pipelines and treatment capacities, and the other
is Raw Water Requirements (RWR) which is generally used for raw water supply. "We either
get water or money, and we use some of the money to develop supplies."
Tom Brown asked if the bond interest and principal are partially paid for with PIFs as well.
"Theoretically, yes," Mr. Smith said, "because some of the bond proceeds are for capital
projects that are growth related. The bottom line though is if development stopped cold and we
didn't have PIFs, we would still be obligated, so the rate payers would be responsible for paying
those." Over the past 10 years the Utility has collected nearly as much money as we have spent
for growth related projects. Dr. Grigg asked what is the average per year we collect in PIFs.
"About $1.5 million for both water and wastewater," Mr. Smith estimated. In boom times it's
been over $2 million and in slow times, less than a million dollars.
President Grigg concluded that overall it looks like the Utility is in pretty good shape financially.
Dave Frick asked how we compare with other utilities' rates. "Our monthly water charges are
competitive (right in the middle), but wastewater fees are on the high side," he said. "We seem
to be on the leading edge when it comes to needing improvements and being impacted by
regulations," he said, with a 'tongue in cheek' smile."
"Does Amendment 1 affect us in any way in our 6% wastewater increase?" Dr. Grigg asked.
"No," Mr. Smith replied. "As a matter of fact the utilities are basically exempt from
Amendment 1, and also the people of Fort Collins voted to allow the Council to name the
Utilities as enterprises, so the 6% isn't subject to the limitation. The author of Amendment 1,
Douglas Bruce, said when he proposed the TABOR Amendment, that he did not intend that
utilities be included, because of their demand side nature. "If they don't want to spend as much,
they don't use as much. In our projections we have shown that demand really controls things."
Tom Brown said that would be true for water use for people on meters, but not for the
wastewater or storm drainage fee because they are flat fees. "All the commercial customers are
based on metered water use for wastewater," Mr. Smith pointed out, "and eventually all the
single family homes will be based on winter quarter metered water use." Within the next three
years, as soon as enough people are metered, staff will look into creating a winter quarter single
family metered rate. "That may be more incentive for some people to convert to meters," he
said. "I think it's a very good idea," Mr. Brown said.
"Do you anticipate any flack from the rate payers when this is introduced to the public?" Dr.
Grigg asked. "Ten to 15 years ago we had some significant increases, and we didn't hear a
word from the public," Mr. Smith recalled. Recently there have been fairly low rate increases
and people have complained. "This year is pretty straight forward, so I don't expect a lot of
controversy," he concluded.
Water Board Minutes
August 20, 1993
Page 9
Tom Brown observed that of the total amount of money, about 1/3 of the $1.9 million of the,
capital projects is growth related (2/3 is not) which isn't what one would expect. Mr. Smith
explained that it basically goes in cycles. "We can show you five year projections in other time
periods within the last 10-15 years, when it is heavily weighted the other way; when we were
expanding the water treatment plan, for example." On the wastewater side, when we need
another wastewater treatment plant, or more expansion, that's a $40 million project, and "will
certainly tip the scales considerably."
Mr. Smith related that the Council will have a work session in September where they will review
the City recommended budget including the Utility budget. The work sessions are generally on
the second and fourth Tuesdays, and the budget is adopted in October.
Mike Smith asked the Board to take action on the budget. Tim Dow moved that the Water
Board recommend to the City Council, approval of the Utility Water and Wastewater proposed
1994 budget. After a second from Tom Brown, the Board voted unanimously for approval. Dr.
Grigg asked that the Board be kept informed about the budget "because it helps us understand
what's happening in the Utility." Moreover, Council might ask the Board's advise on Utility
financial matters.
AQoointment of Water Board Members to Serve on Consolidated Water Planning Committee
Established by City Council
At its April 20, 1993 meeting, Council determined that the functions of the previously
established Water Demand Management Committee and Water Quality/Water Treatment Master
Plan Committee should be consolidated into one committee responsible for addressing water
related issues.
On June 1, 1993, Council adopted Resolution 93-78 establishing a consolidated Water Planning
Committee and appointing Council members, Alan Apt, Gina Janett, and Bob McCluskey to
serve on the Committee. Resolution 93-98 amends Res. 93-78 to establish that the Water Board
shall select three of its members to serve on the Water Planning Committee.
President Grigg opened the discussion to select three Board members. He commented that for _
this joint Planning Committee, it would be advisable to have experienced Board members who
have previously served on joint Council/Water Board committees. He said he had already asked
Dave Stewart, an experienced member, if he would be willing to serve, and he said he would.
Terry Podmore suggested that MaryLou Smith would be a good choice. Dr. Grigg asked Tim
Dow if he would be willing to be on the Committee and he agreed to do so. Terry Podmore
moved, and Dave Frick seconded the motion, that MaryLou Smith, Tim Dow and Dave Stewart
be appointed to serve on the Consolidated Water Planning Committee. The Board approved the
motion unanimously.
Water Board Minutes
August 20, 1993
Page 10
Discussion of Committee Assignments and Election of Officers
Along with the appointments to the Water Planning Committee, President Grigg also wanted to
discuss appointments to the Water Board standing committees, although he wasn't thinking of
making those appointments today because of the two new members, so with the permission of
the Board he delayed appointments to the standing committees. He did, however, ask if one of
the new members would be willing to serve on the Cost of Service Committee because they are
in need of an additional member since Mark Casey resigned from the Board. They plan to meet
on Monday September 27th. Howard Goldman agreed to join that committee.
Dr. Grigg also reminded the Board that election of officers, president and vice president, will
occur in October. He will miss the September meeting, and since there is no longer a vice
president because of the retirement of Tom Sanders, he asked Dave Stewart to chair the meeting
in September. Dr. Grigg may also miss the October meeting because he may be out of the
country. He announced that he would be available for re-election as president. However, if
there is someone else who wants to run "that's fine. Please don't feel as though you have to
defer to the existing leadership," he said. We also need to be thinking about candidates for vice
president, he added.
Industrial Pretreatment - Local Limits
Water Board members received a summary in their packets explaining the reasons for the
proposed changes in the Industrial Pretreatment local limits. Staff also provided a table
comparing current and 1993 calculated local limits, the rationale for not developing local limits
for certain parameters, and the local limits as proposed for the City Code.
Keith Elmund, Environmental Services Manager, said that staff provided information for the
Board to review and hopefully the Board will recommend approval of the local pretreatment
limits today. "This project has been in the works for about two years," he began. Federal
pretreatment regulations require the City Wastewater Utility to develop technically based limits
for pollutants discharged by industry to the wastewater treatment system. The Utility has
developed these limits using EPA guidelines. Fort Collins has had a pretreatment program for
many years. Dave Meyer Industrial Pretreatment Supervisor, has overseen the program for
several years. "Just this spring he and his program were nominated at the national level for
excellence by Region VIII of the EPA," he said. As part of that program the City is required
to develop and implement local limits to ensure that our industrial, commercial and residential
customers comply with local IP regulations and discharge limitations at our wastewater treatment
facility, he explained. "Dave Meyer will explain the status of the program, and seek your
approval," Dr. Elmund concluded.
Mr. Meyer continued by saying that in addition to answering questions, he wanted to take the
Board through what was a rather lengthy and complex process, and provide a brief explanation
about and some understanding of how local limits are developed. He mentioned that there are
a couple of aspects with respect to our local limits that are rather unique.
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August 20, 1993
Page 11
The first step in the process is to collect samples of the wastewater influent and analyze that for
what seems to be virtually any pollutant "that anyone could possibly think of;" anything that's
on any state or federal regulatory list or any parameters that were considered to be of concern
for a wastewater utility.
Once the initial screening analysis is completed, "we look at those results and then we are
required to develop a list of what are known by the EPA as pollutants of concern." Those are
pollutants that are present in the influent and also found on a regulatory list, and other pollutants
that we might identify as being of specific concern to the local treatment plant.
Once the more reduced list is prepared, we develop a sampling plan of both influent and effluent
samples in order to track the fate of those pollutants through the treatment process. The main
product of that analysis is determination of removal efficiencies through the treatment plant,
identifying what percentage of a given pollutant ends up in the wastewater effluent and what
percentage ends up in the final solids to be disposed of on land.
"We use those removal efficiencies and a variety of other factors in the equations to calculate
what is known as allowable head works loadings," he continued. The principal factors that drive
those are individual state stream standards, federal water quality standards, and any other
applicable regulations. Also a big one that came on line recently is the 503 of the sludge
disposal regulations.
He explained that at this point they have perhaps 2-6 different allowable head works loadings;
that's the amount of a given pollutant that the treatment plant can handle, and still meet
applicable environmental regulations. "We take the most stringent of those allowable head
works loadings and subtract background levels, what we see from domestic and non -regulated
commercial sources, put in a safety factor and a growth factor that is dictated by the EPA, and
end up with a single maximum allowable head works loading." This is what has been
determined the plant will be able treat without violating any environmental regulations.
They then take the pounds per day quantity and allocate that to the permitted significant
industrial users, and that number is converted to a concentration limit, the local limits that are -
listed on a sheet in the packet. A number of those have changed from the existing limits and
some of them have gone down, some have gone up, and there are some new ones. The
proposed limits are subject to final approval by the EPA and City Council.
"I hope this summary gives you a feel for how those numbers were developed," Mr. Meyer
said. He then asked for questions.
Tim Dow asked if these limits are going to have a major impact on current operators within the
City. Are there people who would be in substantial violation at this time? "We looked at that,"
Mr. Meyer replied, "and we don't see any problems with compliance." However, there will be
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August 20, 1993
Page 12
some people who will be impacted, mostly by some of the aspects of the program "that I'm
going to talk about next." "When you say you don't see any compliance problems, do you mean
you didn't see any reason why they couldn't comply?" Mr. Dow continued. "I'm curious about
the current extent of deviation from these standards," he added. "Based on historical data, we
saw no violations," Mr. Meyer responded. "There may have been one or two on a rare
occasion." Mr. Dow asked if there is a list of known dischargers. "Yes," Mr. Meyer assured
him. "If this is adopted would it be part of your program to contact them separately, or notify
them so they are specifically aware of these standards?" Mr. Dow asked. "About two days ago
we sent out letters to the main dischargers. asking them to meet prior to the adoption of this,"
Mr. Meyer responded.
Tom Brown noticed that the limits have gone down quite a lot for arsenic, mercury and nickel.
"What caused that, EPA standards?" "That's certainly the case for mercury," Mr. Meyer
replied. "We have a very stringent limitation that our wastewater treatment plant has to meet
based on very strict stream standards; for some parameters it's a matter of changes in the 503
sludge regulations." Changes in arsenic are being driven by the new sludge regulations. Mr.
Meyer couldn't remember specifically the change in nickel. He said that there are also some
cases here where the original local limits were developed a decade or more ago, and the
documentation of where those numbers came from and what drove them, doesn't exist. "I was
pleased to find that in a large number of cases, the limits didn't change or didn't change very
much," he pointed out.
Terry Podmore asked why some limits went up, some of them substantially. The ones that
increased are mostly the result of how the original numbers were set, Mr. Meyer explained.
"I'm not sure there was always a strong technical basis for establishing those 10 or 15 years
ago." Now there are very definite environmental regulations that we are required to meet.
Dave Frick wanted to know if there were cases where raising these limits help people out. Right
now we don't have any industrial users that are regulated for aluminum; iron is another one, Mr.
Meyer replied. We're required to develop limits because of the water quality standards. "I
don't expect we will see a real impact either way," he said.
"You mentioned a safety factor and a growth factor, what's the growth factor?" John Bartholow
asked. We are required to periodically review these local limits, at least every 5 years. The
EPA has published a policy that requires us to consider development. In this region they have
dictated a minimum growth factor of 15%, Mr. Meyer explained. "I looked at our historical
growth and determined that based on increases in wastewater discharge volumes, mainly based
on water use numbers, that 15 % would be adequate to cover any changes that we anticipate over
the next few years," he related. "We also use kind of a fudge factor (safety factor) to make sure
we don't cut it too close, EPA requires a minimum of 10%," he added.
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August 20, 1993
Page 13
John Bartholow said that he could see on one hand why it makes some sense not to have a local
limit if there is no current discharger, but is there any kind of message that needs to be there
in case a company located in the City and would discharge a pollutant for which we have no
current limits? "Generally if a discharger were to be considered large enough to have an impact
on our facility, we would ask what to expect from them, and we would ask them what they
expect to discharge to us and if there are any concerns there. If it's a pollutant that we haven't
seen in the past, we would have to go through this same process which wouldn't take a great
deal of time now that we know how to do it," Mr. Meyer responded. Moreover, the EPA will
require that the City develop a limitation for that pollutant.
Mr. Bartholow was surprised by the list of compounds and elements that do not meet the criteria
of "pollutants of concern." "That's scary to me," he asserted. "That is a matter of the
definition the EPA told us to use as pollutant concerns," Mr. Meyer explained. "If we don't
currently see it in our influent, we don't have to worry about it. If we would have found PCBs
in our influent, for example, we would have developed a local limit for it." He stated that the
list could be miles long if we wanted to develop a limit for everything. He mentioned that there
were some things on the list that had been on our original list of local limits for which there was
little or no basis. Mr. Bartholow asked if staff periodically monitors some of these things that
are not checked on a regular basis. "Yes," Mr. Meyer replied. "We are going to be required
to monitor this very sensitive list every three to five years, or every time our discharge permit
comes up for renewal. We also do some other analyses that would raise a flag to us. For
example, we analyze the sludge for PCBs on an annual basis. We are also required to
periodically (once or twice a year) to monitor for pesticides and herbicides," he concluded.
Mr. Meyer went on to discuss two other aspects of the local limits. One of those is the end
of process limitation for silver. That is probably going to affect the largest number of users in
the wastewater utility; a large number that had not been directly impacted in the past. The
purpose of that limitation is to regulate the component of silver that we see at the wastewater
treatment plant that comes from a large number of small dischargers. There are also a few
dischargers that discharge large amounts of silver and are having a significant impact on the
silver load into our plant. Silver is one of the pollutants that we have a very stringent discharge
limit on it. "The way we propose to regulate that is to set a limitation that would apply at the _
end of the photo development process which are the types of users that discharge silver; anyone
who is developing x-rays, large and small photographic developers, print shops, medical
facilities and dentists." Applying this limit will allow us to very easily go into a facility and
sample the effluent from their development process after they have had the opportunity to do any
pretreatment. There are two basic types of pretreatment for silver removal: the electrolytic
system and a very simple ion exchange based system that can be done very easily and relatively
cheaply. "We will try to regularly visit those small dischargers and encourage them to comply
with the procedures."
Water Board Minutes
August 20, 1993
Page 14
The other aspect of the local limits is regulation of Volatile Organic Compounds (VOCs) based
on their potential to result in toxic fumes in the collection and treatment system. The limit will
be based on industrial exposure standards and will result in specific numeric limits for individual
compounds that will protect not only the worker's health and safety, but also the environment.
They tend to be more stringent than the traditional way of developing limitations of this kind,
mostly because the pollutants are volatile. There are discharge limitations, but the head works
loadings can be very high because the treatment plant, although it doesn't treat them very well,
blows the compounds into the air and they don't go out in the effluent. The EPA and other
regulatory agencies are moving much more towards a multi -media approach.
Tom Brown moved that the Water Board recommend approval of the local pretreatment limits
to the City Council. John Bartholow seconded the motion. Dave Frick asked about the $7.00
per month to reclaim silver for a small volume discharger. "Does that include capital costs."
Very small users would normally contract with a provider of the service to remove the silver,
and the $7.00 would include all their costs according to an estimate Mr. Meyer received.
President Grigg called for the question. The motion to recommend approval of the local
pretreatment limits to the Council passed unanimously.
Staff E oorts
Treated Water Production Summary
Andy Pineda reported that year to date treated water use is about 87% of what we projected.
In response to a question, Mr. Pineda said that part of the lower use is because the Anheuser-
Busch Brewery is using less water than expected.
Response to Question about Water Supply Projections
Dennis Bode began by saying that several meetings ago MaryLou Smith had a question about
how our water supply projections that were made in 1988, have developed over the years. Mr.
Bode prepared a table and some graphs to explain those numbers. In 1988 staff was developing
the water supply policy, and during that time some projections were made about our water
supply. The table was divided into three blocks. The first shows the service area population.
In 1988 we made a projection of population based primarily on some of the planning numbers
that were being used at that time. The second column represents the population number that we
estimate each year and which "hopefully is pretty close to what we serve," he said.
The second block shows the treated water demand, and the 1988 projection is in the first
column. We make a projection each year. "You can see that because of the smaller population
than we expected, that projected demand has declined," he pointed out, "and this is based on
average climatic conditions," he added. The third column indicated the actual demand and
reflects the variations we see in demand due to weather conditions. Particularly in the last two
or three years we've had fairly cool and wet summers, so that demand has been lower than the
average projected.
Water Board Minutes
August 20, 1993
Page 15
The right block shows the comparison of the water supply that was projected. The first column
shows the projection that was made in 1988 based on our old raw water requirements policy
before it was revised. The second column reflects the new policy that was adopted which
included a 20% increase in the raw water requirements and also included a purchase of about
10,000 acre feet of water, and was based on the 1988 projected population. Mr. Bode revised
that somewhat to show what it would have been had we been able to project the population
precisely at that time, and that's reflected in the third column. The last column shows the actual
amount of water that we have on hand as of the end of each year.
The graphs illustrate these numbers far more clearly. The first graph shows the service area
population. We have seen a downturn in population growth, so the actual numbers are
significantly fewer than was projected in 1988.
The second graph shows the treated water demand. The white squares show what was projected
in 1988; the dark triangles show the annual projection that was made when staff projected the
population, so that projection is somewhat lower than the 1988 projection. The actual numbers
are the dark squares, and those are actual water demand numbers for each year. He pointed out
once again the decreased demand in the last two years because of the cooler and wetter
summers. In 1988 we had one of the drier years, so that number is higher. "It's interesting to
see some of those trends."
The third graph indicates the available raw water supply. The dark triangles show the projection
made in 1988. After the raw water requirements were revised and staff projected the raw water
to be purchased over the next 5 years, those numbers are reflected by the white squares. "You .
will recall that that included the population projections of 1988." The white triangle in between
is adjusted for the reduced population growth. The dark squares show the actual water supply
and how that has developed over the years. "You'll recall that when we purchased water, we
had planned to do it over five years, but we were able to accomplish most of that in one year;
primarily in 1989," he related. "We had also purchased some in both 1987-88, so we see a
three year period where our supplies jumped significantly."
Looking ahead to 1993, Mr. Bode indicated that the Utility's actual supply will end up right on
top of what that would have been if it's adjusted for the change in population.
President Grigg appreciated Mr. Bode's excellent report. "It shows how difficult it is to project
sometimes," he said.
Dave Frick asked if any of the downturn in demand is the result of water conservation. "I think
there may be a little of that," Mr. Bode replied. "That's one thing we will be working on to
try to track a little more closely and remove the effects of climate in our water demand
Water Board Minutes
August 20, 1993
Page 16
projections." Conservation Specialist Jim Clark has spent considerable time with water
conservation. "I think he has raised the public's awareness about conservation quite a lot." Mr.
Bode concluded.
Update: Forest Service Special Use Permit
Mike Smith reported that the Forest Service (FS) has issued their biological assessment and
passed it on to the Fish & Wildlife Service (F&WS), and F&WS is trying to reach a biological
opinion, but are having a difficult time doing that. They have had one extension, and have
asked for a second extension which they didn't get, "but they're going to take the time to do it
anyway" which probably will take until October, Mr. Smith related.
The major problem is what to do with Nebraska, he continued, because some of the endangered
species they identified are in Nebraska, and the people there can't make up their minds what
kind of mitigation they want. The Colorado Fish & Wildlife is having a hard time getting the
Neb. folks to make up their minds.
Once the assessment is completed the FS will continue with their process of reviewing the Forest
Management Plan and some of the legal processes of the National Environmental Policy Act.
They have decided, maybe somewhat arbitrarily, that they need an environmental impact
statement for Joe Wright. An EIS on our permit will be required as well as for Long Draw
Reservoir, and for the Public Service Company's permit," Mr. Smith related. "In the same
breath the FS says they will be issuing a new permit by January of '94, which is looking pretty
dim right now," he contends. At this point staff is waiting for what the biological opinion says,
because that may require some kind of mitigation to offset the potential effects on the
endangered species. The greenback cut-throat trout is one of the species which exists in
Colorado, and the F&WS is also worried about the roosting habitat of the whooping crane in
Nebraska, as well as a plant in Nebraska called the Western Prairie Orchid. They also don't
know what the impact will be from Joe Wright on the Pallid Sturgeon because they don't have
that information yet. So the impasse continues.
Dr. Grigg asked who the negotiating party is for Nebraska. Dennis Bode said that it's the
Nebraska office of the U.S. Fish & Wildlife Service. Dave Frick thinks that we're going to _
have to essentially mount an information campaign to inform the publics of the facts of the
situation and "not let the FS try to represent the facts because they have a very distorted view
at this point. Most of the staff of the FS have never even been to the sites, and they are making
comments on the impacts of these projects. These comments, including the fallacy that these
projects will dry up the stream, are being fed to the Sierra Club and other organizations."
Of the different groups that are involved, is there anything organized going on at this point? Dr.
Grigg asked. "Not yet," Mr. Smith replied. It's been a rather one-sided process so far. "We
have been providing a lot of information to the FS, and they appear to be painting a picture that
isn't quite accurate." Mr. Smith said the Utility is doing some of its own studies, "so we're
Water Board Minutes
August 20, 1993
Page 17
waiting to examine some of the data that we generate." Although the FS personnel will deny
it, they seem to want to make decisions based on letters from the public. He concluded that it
has been a frustrating process.
Tom Brown thinks Dave Frick makes a good point. "Maybe we do need to take a more
proactive stance on this." He suggested that since the Water Supply Committee isn't focusing
on any particular issue right now, perhaps that Committee could begin to get back up to speed
on what's been happening and look for opportunities to shed some light on the issue. They
might ascertain what would be reasonable for the Water Board or a member of the Water Board,
or the Water Supply Committee to be saying with letters to the editor, or in some other way,
to relate the facts of the situation. Dave Frick commented that he feels there is a need to
provide more information to the Council as to what's going on.
President Grigg agreed that these are good suggestions. However, he thinks before we jump
into anything, we ought to have the results of the studies being done, so we have facts on which
to base our arguments. One thing that could be done is report to the Council through the newly
established joint committee, he said. "A second thing that occurs to me is, if the Council
thought this was a good idea, we could hold a public meeting where we would present a panel,
have slides, and present the facts." We could also invite the key leaders in the community. In
any case what we need to do is to keep working on this, and as soon as Mike Smith feels it is
time with the facts, we should develop some kind of strategy. "You may remember that we sent
a letter to the newspapers about this several months ago rebutting a local columnist's comments
on this issue," he said.
Mr. Smith pointed out that there are some legal issues which "our legal counsel has asked the
FS to respond to." Not that it would change anything, he admitted, but it would hopefully help
the process. Neil Grigg asked Tom Brown, as a member of the Water Supply Committee, to
bring this up at the next Board meeting for discussion, "or maybe that's too early for action."
"It might be early for action, but it's not too early for developing some ideas and planning
strategies," Mr. Brown responded. Pres. Grigg asked staff to include this item on the agenda
for further discussion in September.
Halligan Reservoir Update
Mike Smith reported that the Halligan Reservoir issue has been on hold for awhile, until the
Amendment 1 and utilities enterprise issues were resolved. "We are now working to finalize that
agreement with North Poudre, and we're getting close," he said. "I don't think anything has
changed significantly since the Water Board last reviewed the agreement." We anticipate getting
the agreement to Council sometime in September or October, he said.
Water Board Minutes
August 20, 1993
Page 18
Update: Cross Connection Control Program
Jim Hibbard reminded the Board that we have been discussing cross connection control at the
last couple of meetings. At the last meeting the Board directed staff to investigate some of the
impacts of the program. "Unfortunately, in June Keith Flliston, our Cross Connection Control
Administrator, was hired away from us by the City of Boulder, so that has significantly
hampered our efforts," he explained. Mr. Hibbard and his staff are now in the midst of a hiring
process to replace Mr. Elliston within the next 3-4 weeks. In the meantime, he said, we have
had limited staff time to go ahead with some of the things the Water Board has discussed in the
past, and answer some of the questions and areas of concern; primarily those centered around
the cross connection control program as related to residential single family customers. He
shared information on several items about that aspect of the program:
(1) One of them was the results of survey conducted by the City of Thornton, a summary of
which Mr. Hibbard distributed to the Board. Mr. Hibbard cited from the survey that of the 15
utilities on the front range surveyed by Thornton, only one is requiring universal back flow
prevention on single family homes. "Of course there is a lot more data included with that
survey," he said.
(2) The Water Board had asked if the installation of check valves on residential services would
eliminate the need for the annual testing of the vacuum breaker; the device installed with
residential sprinkler systems. "The answer we received from the State was that it would not,"
Mr. Hibbard said. Essentially, the vacuum breaker on a single family sprinkler system will have
to be tested annually.
(3) The Cross Connection Control Manual indicates that "anytime a residential system is
contained with a backflow prevention device, some way of relieving internal pressure should be
installed. The property owner should be advised to check their water heater pressure relief valve
at least every three months to insure proper operation. A small pressure relief valve should be
installed on the house side of the service line to insure there is no pressure build up due to heat
expansion." That's a direct quote out of the state manual. "If we want to go to a universal dual
check valve program on single family homes, we're going to have to find a way of addressing
that concern," Mr. Hibbard stressed.
(4) The Cross Connection Control Manual also states that because the dual check valve is
designed for single family residential systems, it is not testable. A maintenance program should
be established with at least 20% of the installed check valves removed and tested out of the
system every year. "That means, as we install more of these dual check valves with the
metering program, we will have to go back and check more of them on the other end," Mr.
Hibbard related. A preliminary estimate of the cost, according to information on a handout,
would probably start at $100,000 a year in 1994, and at the end of the metering program in
about 20 years, we would probably average about $500,000 a year to be able to test about 20%
of the devices each year.
I • 0
Water Board Minutes
August 20, 1993
Page 19
(5) Staff has researched the additional head loss from a dual check valve, and typical residential
flows will add about 7-9 psi pressure loss. "This is significant enough that it would cause us
to have to re-evaluate the boundary line between the foothills pressure zone and the main
pressure zone in the City," Mr. Hibbard explained. There would probably be between 1 and
2 square miles in the City that we would have to put into the foothills zone with the capital
construction associated with that.
Mr. Hibbard said that staff doesn't have any specific alternatives outlined for the Board, or any
recommendations due to limited staff time, "so we aren't asking for a decision, a
recommendation, or even discussion at this point." In general the staff thinking right now is that
the state regulations are set up on a progressive basis; in other words, the greater the risk to the
distribution system, the greater the amount of protection that you must have.
Staff has interpreted these regulations, and they concluded that our resources probably should
be applied likewise: "that is, our time, our money, and energy should be spent on the
commercial/industrial customers who pose the greatest risk," Mr. Hibbard stated. At a lesser
risk, but not to be ignored, are the residential sprinkler systems. While the decision as to
whether or not to use a dual check valve on all residential services is certainly important from
an impact on the customer point of view, it's probably one of the least important factors with
regard to the overall effectiveness of our program. "This perspective, along with the data we
have gathered to date, would lead us to believe that hopefully at a future meeting, staff will be
able to present the Board with some alternatives, and the staff recommendation would probably
be to not have universal application of these dual check valves installations," he concluded. He
provided the Board with a two page memo summarizing their conclusions, a summary of the
Thornton survey, and summary of the rough cost estimates.
Dave Frick said he would be interested to know why the one community in the survey decided
to go to the universal dual check valve option with all of the negative implications. "The one
community that chose to do it was the Genesee Water District with a 3300 service area
population. Some of the other communities are doing it on a selective basis," Mr. Hibbard
replied.
President Grigg thanked Mr. Hibbard for the very good briefing within the time constraints.
"It's a complex issue, and the Board will look forward to further discussion in the future," he
said.
Handicapped Hunting Agreement
Mike Smith reminded the Board that Tom Gallier provided copies in their packets of the City
Attorney's view of the Handicapped Hunting Agreement with Outdoor Buddies, Inc. for which
the Water Board at their June 18th meeting recommended approval subject to completion of a
liability analysis by the City Attorney's Office.
Water Board Minutes
August 20, 1993
Page 20
Informational Memo: Court's Decision on the Thornton Case
Mike Smith also pointed out that staff distributed a summary of the Thornton Case decision.
"You can read it at your leisure, and we'll discuss it at the next meeting." he said.
Adjourn
Since there was no further business, the meeting was adjourned at 5:35 P.M.
Water Boar Secretary