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HomeMy WebLinkAboutR-2000-139 Regional Wellhead Protection Plan Interlocal Agreement• RESOLUTION NO. R- 2000-139 A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement for the Regional Wellhead Protection Plan with the members of the Upper Yakima Valley Regional Wellhead Protection Committee WHEREAS, Section 1428 of the 1986 Amendments to the federal Safe Drinking Water Act mandates that every state develop a wellhead protection program, and WHEREAS, the Washington state Drinking Water Act requires all Group A water purveyors using groundwater as a source to implement a Wellhead Protection Program; and WHEREAS, the City of Yakima intends to identify potential sources that could contaminate the City's groundwater supply; and WHEREAS, the City of Yakima, as well as Yakima County, and the cities of Moxee, Selah, and Union Gap, the towns of Naches and Tieton, and the Nob Hill Water Association (the "Upper Valley Purveyors") are Group A water purveyors and are individually and collectively concerned with responsible wellhead protection in their communities, and are particularly concerned with satisfying Wellhead Protection Plan maintenance requirements enforced by the Washington State Department of Health pursuant to WAC 246-290-135; and WHEREAS, the Upper Valley Purveyors established themselves as the Upper Yakima Valley Regional Wellhead Protection Committee in 1998 and since then have prepared a Regional Wellhead Protection Plan; and WHEREAS, the Washington State Legislature has, by Chapter 39.34 RCW, authorized entities such as the Upper Valley Purveyors to enter into interlocal agreements for certain purposes including groundwater wellhead protection; and WHEREAS, Yakima County has been requested by the other Upper Valley Purveyors to coordinate the regional efforts detailed in the 1998 Regional Wellhead Protection Plan; and WHEREAS, it is in the best interest of the City of Yakima to enter into the attached Interlocal Agreement, which provides for appropriate regional wellhead protection, with the other Upper Valley Purveyors, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached "Interlocal Agreement." ADOPTED BY THE CITY COUNCIL this 7th day of November 2000. ATTEST: Karen Roberts, City Clerk Mary Place, Mayor INTERLOCAL AGREEMENT This agreement is made and entered into between Yakima County, hereinafter referred to as the COUNTY, and the following jurisdictions: the City of Moxee, the Town of Naches, the City of Selah, the Town of Tieton, the City of Yakima, the City of Union Gap, and the Nob Hill Water Association. The purpose of the agreement is to establish responsibilities for the maintenance of the regional Wellhead Protection Plan developed by the aforementioned water purveyors under an Interlocal Agreement established in 1997 and funded by a Washington State Department of Ecology Centennial Clean Water Fund grant. WHEREAS, the Washington State Legislature has provided for the fonnation of interlocal agreements, as established in Chapter 39.34, RCW; and, WHEREAS, Section 1428 of the 1986 Amendments to the federal Safe Drinking Water Act mandates that every state develop a wellhead protection program, and that the state Drinking Water Act requires that all Group A water systems using ground water as their source implement a Wellhead Protection Program; and, WHEREAS, these water purveyors prepared a Regional Wellhead Protection Plan in 1998 financed by a 75 percent grant from the Washington State Department of Ecology (DOE) Centennial Clean Water Fund; and, WHEREAS, the County, Moxee, Naches, Selah, Tieton, Yakima, Union Gap, and Nob Hill are individually and collectively concerned with responsible wellhead protection in their communities, and in particular fulfilling continuing Wellhead Protection plan maintenance requirements by the Washington State Department of Health (DOH) detailed in WAC 246-290- 135; and, WHEREAS, the County has been requested by these seven water purveyors in Yakima County to act on their behalf to coordinate the regional efforts detailed in the plan; NOW, THEREFORE, in consideration of the mutual benefits to be derived from this agreement, the County and the seven water purveyors, the undersigned entities, agree as follows: 1. DEFINITIONS A. "Regional Wellhead Protection committee consisting of one member from of the seven water purveyors selected to development of the plan. Page 1 Committee (RWPC)" means the the County and one member from each represent their jurisdiction during the B. "Upper Yakima Valley" means that part of the Yakima Valley lying north of Ahtanum Ridge and the Rattlesnake Hills and south of South Umptanum Ridge. C. "Participants" mean Yakima County, the City of Moxee, the Town of Naches, the City of Selah, the Town of Tieton, the City of Yakima, the City of Union Gap, and the Nob Hill Water Association. D. "The County" means Yakima County Public Works, Planning, Geographical Information Services, Information Services, Health District, Local Emergency Planning Committee and any other pertinent divisions discussed herein. Additionally, Yakima County exists both as the regional coordinator and as a local participant in the RWPC. E. "Wellhead Protection Plan (WHPP)" means the Upper Yakima Valley Wellhead Protection Plan developed under a 1997 Department of Ecology Centennial Clean Water grant. F. "Wellhead Protection Area (WHPA)" means the delineated zone within which lie potential contamination sources that must be managed in order to protect the groundwater supplies. 2. RESPONSIBILITIES A. Each jurisdiction shall support the County as lead agency, and coordinator for the plan maintenance process, by authorization of the legislative body to enter into this agreement. B. Each jurisdiction agrees to provide a proportional share of the local match as defined in Article 3. C. Each jurisdiction shall designate, in writing, an RWPC member to represent their jurisdiction for the continuing maintenance and evolution of the Plan. Each jurisdiction shall notify the County, in writing, upon any change in the appointment of its Committee member. D. The RWPC shall biannually elect by majority vote a Committee Chairperson, the term of which shall extend two calendar years from January 1 to December 31. The Chairperson shall be responsible for the following: 1. Coordination and development of semi-annual meeting times and locations with RWPC members and guests; 2. Development of a meeting agenda, including status of the plan and any new management strategies that should be discussed; 3. Chairmanship of meetings including opening and closing addresses and discussion coordination; and Page 2 4. Dissemination of meeting minutes following each meeting. The County shall assume the Committee Chairmanship for the first biennial period (2000-2001). E. The County will execute and coordinate the regional management efforts detailed in the WHPP, including, but not limited to, the following: 1. Coordination and perpetuation of the regional water quality and potential contaminant source inventory at least biennially, including updates of local inventories to be provided by each community; 2. Incorporation of GPS-located wells and septic tanks supplied by Yakima County Health District into the GIS database at least biennially; 3. Incorporation of Washington State Department of Health sanitary survey information into the GIS database at least biennially; 4. Incorporation of Washington State Department of Ecology hazardous materials assistance sweep information into the GIS database at least biennially; 5. Development of a zoning overlay of the WHPAs to be used as a planning trigger for more thorough infoiniation-gathering during review of building permits, plat and zoning changes, and other planning efforts within the purview of Yakima County as detailed in the plan; 6. Maintenance of a WHPP interne website by Yakima County Information Services; 7. Coordination of contingency planning efforts with the Local Emergency Planning Committee; 8. Attendance and participation in semi-annual meetings; 9. Assumption of interim chairperson status for the 2000-2001 term; 10. Coordination with the Educational Services District, Yakima River Watershed Council, and other agencies, entities, and service groups for the dissemination of wellhead protection literature, videos, and other public education paraphernalia; 11. Maintenance of wellhead protection area signs within County jurisdiction, and maintenance of wellhead protection signs within other RWPC community jurisdictions on request, and at a cost agreed to by both parties; 12. Dissemination of notification to all potential contamination sources at least biennially; 13. Coordination of all state agency, local agency, and consultant participation that may be needed throughout the perpetuation of the plan; and 14. Other lead agency activities that may be required to ensure compliance with WAC 246-290-135. Page 3 F. The local jurisdictions will execute and coordinate the local management efforts detailed in the Regional Wellhead Protection Management Plan and will coordinate with Yakima County all regional efforts discussed in the plan, including, but not limited to, the following: 1. Attendance and active participation at RWPC meetings; 2. Dissemination of information on the status of the wellhead protection planning efforts of the RWPC to their respective legislative bodies; 3. Development of a zoning overlay of the WHPAs to be used as a planning trigger for more thorough infoiniation-gathering during review of building permits, plat and zoning changes, and other planning efforts within the purview of the jurisdiction as detailed in the plan; 4. Maintenance of a local potential contaminant inventory to be distributed to Yakima County at each semi-annual RWPC meeting for storage and update into the regional database at least biennially; 5. Presentation of an annual seminar to at least one grade, middle, or high school in the Upper Yakima Valley on wellhead protection planning efforts; 6. Dissemination of notification to all local potential contamination sources within the WHPAs; and 7. Maintenance of wellhead protection area signs within each community's local jurisdiction. 3. LOCAL MATCH Each participant understands that the regional efforts administered by Yakima County will be funded through proportionate local matches by each community on an annual basis for the tasks described previously. Annual costs for each biennial reporting period shall be developed by the County and approved by a majority of the RWPC. 4. TERMINATION Any participant may terminate its obligation herein by providing written notice to the County. 5. LIMITATIONS OF COUNTY ADMINISTRATION From the time of termination of this agreement, the implementation, administration, and amendment of each participant's portion of the plan shall be the sole responsibility of that participant. Page 4 6. EFFECTIVE DATE AND DURATION OF AGREEMENT This agreement shall be effective upon the date the plan is approved by DOE and DOH. This agreement shall be in effect indefinitely or until amended or duly terminated. In Witness Whereof, this agreement is hereby executed, on behalf of their respective jurisdictions, by the below signed individuals, who are so authorized to encumber their jurisdictions. Page 5 City of Moxee Mayor Greg ree Page 6 16 -13 -o d Date Town of Naches Mayor Char es Page 7 City of Selah Mayor Robert L. Jon Page R Town of Tieton Page 9 Date City of Yakima tmAilo 04" D-001) Richard A. Zais, Jr., City Manager Date Attest: City Clerk City Contract No. 2000-89 Resolution No. R-2000-139 Page 10 Date g� a..pOt7 City of Union Gap MaycLA rey C. Reeves, .1 Date Page 11 Nob Hill Water Association `, , / /c3,- / o-- o c_ Me vin Ca son, President, Board of Directors Date Page 12 Yakima County Board of Commissioners .excused Odtiber 7,. o6,6 Jesse S. Palacios, Chairman Date Bettie Ingham, Count Commissioner James M. Lei s, County Co er Approved as to Form 6d -ober 17, a Dab Date &either l7 aoQS Date R4 4iy�Deputy P • s - cuting Attorney Date �D0i!YCp'I/r��i yr �Q 3� k'44.•yam • o :4r test:Vylvia•aSIinojosa a3°' • 74// Jjbr 17.a0406 Clef f the Board Date Page 13 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. r t t For Meeting Of 11/7/2000 Consideration of a Resolution Authorizing the City Manager to Execute an "Interlocal Agreement for the Regional Wellhead Protection Program" with the Upper Yakima Valley Regional Wellhead Protection Committee. Dueane Calvin, Water/Irrigation Manager Dave Brown, Water/Irrigation Engineer Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: The Safe Drinking Water Act (SDWA) requires all Group A water systems using groundwater as a source of water to implement a Wellhead Protection Program. On November 19, 1996, by Resolution R-96-148, Council authorized an Interlocal Agreement with the Regional Committee to develop the Wellhead Protection Plan using a Centennial Clean Water Fund Grant. Part of the SDWA requires maintenance of the plan and a bi-annual update The attached Interlocal Agreement establishes the responsibilities for the maintenance of the Pian by the purveyors that are members of the Regional Wellhead Protection Committee. The agreement also requires Yakima County to maintain a data -base of information required by the Plan and the City to reimburse Yakima County for expenses incurred. Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying Interlocal Agreement for the Regional Wellhead Protection Program with the Upper Yakima Valley Regional Wellhead Protection Committee. Financial support for this program will be from appropriations approved by Council in the 474 Fund. Estimated Annual Cost $2,300.00 Included is an annual reimbursement to Yakima County for direct costs, estimated to be $500.00. Resolution X_ Ordinance Other (Specify) interlocal Agreement Contract _ Mail to: Dan Hailer, PE, Gray & Osborne, Inc. 107 S. 3�d St.; Yakima, WA 98901 Phone: 509-453-4833 Funding Source Fund 474 ier Operation & Maintenance Fund APPROVED FOR SUBMITTAL:City � Y Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying Interlocal Agreement with the Upper Yakima Valley Regional Wellhead Protection Committee. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution Adopted. Resolution No. R-2000-139