HomeMy WebLinkAbout1993-077-06/01/1993-EPA LEAD AND COPPER RULE IGA ADDENDUM WEST FORT COLLINS WATER DIST RESOLUTION 93-77
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN
ADDENDUM TO AN INTERGOVERNMENTAL AGREEMENT
PREVIOUSLY ENTERED INTO BY THE CITY WITH
THE WEST FORT COLLINS WATER DISTRICT
FOR THE PURPOSE OF DELINEATING RESPONSIBILITIES
IN COMPLYING WITH EPA'S LEAD AND COPPER RULE
WHEREAS, on August 20, 1964, the City of Fort Collins ("the City") and the
West Fort Collins Water District ("the District") entered into an
Intergovernmental Agreement ("the Agreement") concerning the City furnishing
treated water to the District; and
WHEREAS, since entering into the Agreement, the City and the District have
amended the Agreement pursuant to an "Addendum to Agreement" dated June 23, 1977,
an "Addendum to Agreement" dated August 12, 1985, and a "Transfer Agreement"
dated October 18, 1988; and
WHEREAS, the United States Environmental Protection Agency has recently
enacted regulations relating to lead and copper in drinking water which
regulations are found at 40 CFR Parts 141.2, 141.11, 141.32(e) (13,14), 141.51,
and 141 .80 to 141.92 (hereinafter referred to as "the Lead and Copper Rule") ; and
WHEREAS, the Lead and Copper Rule requires that water providers and
consecutive systems perform certain activities, including but not limited to:
surveying water line and plumbing materials used, monitoring tap water for copper
and lead, practicing corrosion control in water treatment to prevent lead from
contaminating drinking water, replacing lead service lines if necessary, and
delivering public education programs if necessary; and
WHEREAS, the City and the District desire to delineate their
responsibilities for complying with the various requirements of the Lead and
Copper Rule by entering into an addendum to the Agreement; and
WHEREAS, attached hereto as Exhibit "A" and incorporated herein by
reference is a copy of that Addendum ("the Addendum") ; and
WHEREAS, the City Council has determined that the Addendum is in the best
interests of the City; and
WHEREAS, Section 29-1-203, C.R.S. , and Article II, Section 16 of the City
Charter, authorize the City to cooperate and contract with other governmental
entities in order to provide any function, service, or facility lawfully
permitted to each if such a contract is properly authorized by each party
thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, that the Mayor is hereby authorized to enter into the Addendum with the
District for the purpose of delineating the responsibilities of the City and the
District in complying with the Lead and Copper Rule.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 1st day of June, 1993.
ATTEST:
City Clerk
"EXHIBIT A"
ADDENDUM TO AGREEMENT
(Consolidation Agreement)
THIS AGREEMENT is made and entered into this day of
, 1993 , by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, (hereinafter referred to as "the
City") , and the WEST FORT COLLINS WATER DISTRICT, a special
district of the State of Colorado, (hereinafter referred to as "the
District") .
W I T N E 8 8 E T H
WHEREAS, on August 20, 1964, the City and the District entered
into a "Memorandum of Agreement" concerning the City furnishing
treated water to the District (hereinafter referred to as "the
Agreement") ; and
WHEREAS, the Agreement has been subsequently amended by the
parties pursuant to an "Addendum to Agreement" dated June 23, 1977,
an "Addendum to Agreement" dated August 12, 1985, and a "Transfer
Agreement" dated October 18, 1988 (hereinafter referred to
collectively as "the Addenda") ; and
WHEREAS, this Addendum to Agreement constitutes another
amendment and addendum to the Agreement; and
WHEREAS, the United States Environmental Protection Agency has
enacted regulations relating to lead and copper in drinking water
which regulations are found at 40 CFR Parts 141. 2, 141. 11,
141. 32 (e) (13 , 14) , 141.51, and 141.80 to 141.92 (hereinafter
referred to as "the Lead and Copper Rule") ; and
WHEREAS, the Lead and Copper Rule requires that water
providers and consecutive systems perform certain activities,
including but not limited to: surveying water line and plumbing
materials used, monitoring tap water for copper and lead,
practicing corrosion control in water treatment to prevent lead
from contaminating drinking water, replacing lead service lines if
necessary, and delivering public education programs if necessary;
and
WHEREAS, the Colorado Water Quality Control Division
(hereinafter referred to as "WQCD") has adopted Policy No. DWT-13
entitled "Lead and Copper Rule-Consecutive Systems" (hereinafter
referred to as "Policy No. DWT-1311) for the purpose of providing
guidelines for eliminating unnecessary sampling and defining the
responsibilities for corrosion by-product sampling and treatment
programs between water providers and consecutive systems through
the development of a "consolidation agreement"; and
WHEREAS, the parties hereto desire to delineate their
responsibilities for some of the various requirements of the Lead
and Copper Rule by entering into this agreement as a "consolidation
agreement" as this term is used in Policy No. DWT-13 ; and
WHEREAS, Section 29-1-203, C.R.S. , authorizes governmental
entities to cooperate and contract with one another in order to
provide any function, service, or facility lawfully permitted to
each if such a contract is properly authorized by each party
thereto.
NOW, THEREFORE, in consideration of the mutual promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the parties
hereto agree as follows:
1. The responsibilities for activities required by the Lead
and Copper Rule shall be divided between the City and the District
as indicated on Attachment "A" attached hereto and incorporated
herein by reference, and as follows:
A. The District shall be responsible for completing a
materials survey of its distribution system and service
lines, and interior plumbing materials in accordance with
Policy No. DWT-13 and 40 CFR Parts 141. 2, 141. 11, 141. 51,
and 141.80 to 141.92, and shall submit this information
to the City as well as to the WQCD.
B. The District shall be responsible for lead service line
replacement, if necessary, and accompanying reporting
requirements, in accordance with 40 CFR Parts 141.2 and
141.80 to 141.92. The District shall obtain the prior
written approval of the City's Water Utility before
installing any pipe as part of any lead service line
replacement activity.
C. The District shall be responsible for maintaining records
of its materials survey, lead service line replacement
activities, and records of its Lead and Copper Rule-
related correspondence with the WQCD.
D. The City shall develop a sampling and testing plan and
perform tap water and distribution system sampling in
accordance with Policy No. DWT-13 and 40 CFR Parts 141.2,
141.11, 141.51, and 141.80 to 141.92.
E. The City shall comply with the remaining requirements of
40 CFR Parts 141.2, 141. 11, 141. 32 (e) (13, 14) , 141.51, and
141.80 to 141.92 , including source water treatment if
necessary, achieving optimal corrosion control,
delivering public education programs, if necessary, and
supplying the WQCD with the required data and reports.
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2. The quality of the treated water delivered at the points
of delivery to the District under the Agreement, the Addenda, and
this Agreement shall be in accordance with all federal and state
drinking water quality standards. Such water will be delivered to
the District at two (2) points: (a) at 4501 North Highway 287; and
(b) at 4938 West County Road 52E (see the map attached hereto as
Attachment "B") .
3 . In the event that the City should fail to provide the
quality of water as required in paragraph 2 . above, the District's
sole remedy shall be: (1) the termination of this Agreement; or
(2) the right to withhold payment to the City for such water as
does not meet said water quality requirements.
4 . In connection with the District's performance of its
obligations under this Agreement, the District agrees to indemnify
and hold harmless the City, its officers and employees, from and
against all liabilities, claims, or demands which arise from the
negligent acts or omissions of the District, or of its officers and
employees, provided that such acts or omissions of the District's
officers and employees occurred during the performance of their
duties, within the scope of their employment, and were not willful
and wanton. In addition, the District agrees to indemnify the
City, and its officers and employees, for all costs and expenses
related in defending such liabilities, claims, demands, including,
but not limited to, litigation costs and attorneys fees, whether or
not any such liabilities, claims, or demands are groundless,
frivolous, false, or fraudulent.
5. This Agreement is made expressly contingent upon its
approval by the WQCD on or before July 1, 1993 . If the WQCD does
not so approve this Agreement, this Agreement shall terminate and
be of no further force or effect and each party shall be released
from all their respective obligations under this Agreement.
6. Except as herein changed or amended in this Agreement,
the Agreement and the Addenda are hereby ratified and confirmed and
shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
or
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
WEST FORT COLLINS WATER DISTRICT
By: e :
Pres 11
ent ^^
ATTEST:
Secretary
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Attachment A Consolidated Agreement
Water Provider (W.P. ) Name City nf Fort Collins PWSID# i3F9g1
Watpr Utility _(sign & date)
i
Consecutive System (C.S. ) Name West Dort Collins PWSID# v Ik
�i / P Water nistrirt (sign & date)
All other paged should be initialled and dated by both parties.
Imp Lementation Step W. P. C. S. Comments
1. Material Survey
1.A. Distribution system & service lines x
Review Utility Records
Permit Files x
Senior Personnel & Retirees x
Community Survey x
x
Other Sources
1.B. Interior Plumbing Materials x
Plumbing Codes x
Plumbing Permits x
Existing Water Quality Data x
Historical Development of Service Area x
Interview Plumbers/Building Inspectors x
Community Survey x
I.C. Data Collection & Organization x
2. Sample Plan x
2.A. Targeted Sap Sample Slta Selection x
# of Sites Required by Pb/Cu Rule x
Minimum 1 of Sites from C. S. x
# w/ Pb Solder >1962 or Interior Pb x
/ w/ LSLs x
Total i of.Availabl* Sites at C. S. x
/ w/ Pb Solder >1982 or Interior Pb x
w/ LSLs x
2.B. Verify Volunteer Households x
2.C. Distribution System Sampling Sit* Detn• x
Z.D. Report Sample Plan Modifications x
equire or a systems > in of er systems 11 excee or a <tron eve
W. P. C. S. C®•nt:
.Implementation Step y
S. LSW Replacement` X
X
S.A. Identify total numbar of LSLS
5.5. Determine Replacement Exclusion X
S.C. Sample LSLs for Replacment Exclusion X
X
Smple Collection
X
Pb/Cu Analysis X
S.D. Replace LSLS
6. Public Education and Add-I Monitoring'
6.A. Deliver Public Education Progrm X
Insert Notices in Bills
Submit Material to Newspapers X
Inform Facilities and organizations X _
Submit PSAs to >S Radio and TV Stations X
6.B. Offer to Sample Custoarrs. Taps X
7. Reporting Requirments
7.A. Sampling Plan 'Letter of Justification- X
7_B. pb and Cu Tap Monitoring Results I
Sample Site Designation X
Certify Smpling by Systm X
Certify Smpling by Resident X
Pb and Cu Levels X
90Z Fb Concentration X
90% Cu Concentration X
Designate ow SmpLing Sites (if needed) X
Reason for Sample Site Substitution X
7.D. HQP Monitoring in Distribution Systme X
X
HOP Analytical Results
SmpLes Outside Sp-4fied limits X
7.E. Source Hater Monitoring'
X
Source Hater Treatment
Certification of Treatment Installation X
' LSL - Lead Service Lines
' Triggered by exceeding Fb AL after installing CCT
' Triggered by exceeding Pb or Cu AL
Implementation Step W. P. C. S. Comments
3. Sample Collection and Analysis x
3.A. First-Draw Samples (♦ from this C.S.) x
Coordinate Consumer Participation x
x
Sampling Kit Dropoff
x
Sampling Kit Pickup
Pb/Cu Analysis x
x
3.8. Distribution System WOP•
Collection and Field Analysis
Laboratory WOP Analysis x
4. Source Water Ireatment' x
4.A. Source Water Treatment Requirements x
Monitor Fb/Cu-POE w/in 6 Months' x
Recommend SOUXcs Water Treatment to State x
Install State Approved Treatment x
operate within State-designated Limits x
Request Modification of Treatment x
Rationale g. Supporting Documentation x
Cceammication with the State x
I4.R. CCr Requirements* x
Recommend Optimal CCT x
Perform Desktop Evaluation x
Communication with the State
Perform Demonstration Study x
Select Treatment Alternatives x
Design Iesting Procedures x
Document. Findings x
Communicate Recommendations to State x
Install Approved CCT x
Operate under Designated Conditions x
Request Modification of CCT x
Rationale & Supporting Documentation x
Communicate with the State x
an o or Sys ems « ac exce or u
equue or a sys ems -
' Treatment is triggered by exceeding the Ph or Cu AL
' Required if Fb or Cu AL is exceeded.
' CCT - Corrosion Control Treatment
Implementation Step W. P. C. S. Comments
7. Reporting Requiremaots (continued)
7.F Corrosion Control Treatment (CCT) X
Determine if Optimal CCT is Mat X
Submit CCT Study Plan for State Review X
Demonstration Testing for Optimal CCT X
X
Findings of Testing
Recommended Optimal Treatment X
Certification that Treatment is Installed X
7.G LSL Replacement
Materials Survey for Initial LSLs X
Submit LSL Replacemant Schedule X
LSL Replacement Activities X
Criteria for Excluding LSLs X
Justification Letter for Reducing - X
LSLs Replaced by ♦ of Excluded LSLs
Notice to State that Required 1 of X
LSLs are Replaced (Submit Armually)
7.R Public Education Program
Certify that ptograc «as Delivered X
List of Recipient Newspapers. Radio X
and Tv Stations. Organizations and
Facilities
Content of De1_vered Materials X
7.I Additional Monitoring Data' X
g. Record-keeping Requ_-ements
fi.A Records of Materials Sury y X
B.R Records of QOrrmai'-'n Control Studies
B.0 Records of Samplir-6 Plans X
B.D Records of State Cc_respondence
S.E Record of Sample Cc_lection and Analysis X
Results
eau s r—= addlttonal same—no ayon a—requirements o • u e.
Attachment B
Points of Delivery to
West Fort Collins
■ Water District
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