HomeMy WebLinkAbout08/02/2016 06A WWTP Extended Agreement with Environmental Protection Agency for Floodplain Restoration, Riparian Outfall and Gap to Gap 10 I
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.A.
For Meeting of: August 2, 2016
ITEM TITLE: Resolution authorizing extension of the EPA floodplain research at
the Yakima Wastewater Treatment Plant
SUBMITTED BY: Scott Schafer, Director of Public Works
Mike Price, Wastewater /Stormwater Manager, 249 -6815
SUMMARY EXPLANATION:
The City of Yakima (City) Wastewater Division desires to extend its Memorandum of
Understanding (MOU) with the Environmental Protection Agency (EPA) to continue cooperation
and coordination in identifying and quantifying ecosystem service benefits associated with the
City's floodplain restoration project. The City has completed its riparian outfall for the discharge of
treated effluent to the Yakima River in response to Yakima County Flood District's Gap to Gap
Levee Setback project. The riparian outfall includes diversion structures that allow the effluent to
discharge into two natural channels before draining into the Yakima River; creating a riparian
restoration area.
The benefits of removing river levees and restoring reclaimed floodplains include a variety of
ecosystem services like flood control, excess nutrient attenuation, water temperature pollution
mitigation, and enhancement of critical salmonid habitat. This presents a unique opportunity to
study the impact of levee setback floodplain restoration on ecosystem services. There is no cost
associated with the MOU extension. Its intent is to benefit both agencies in developing a better
scientific understanding of the ecological functions and ecosystem services being provided by
the Yakima River and to facilitate future restoration activities (See attached Memorandum of
Understanding and Amendment to Extend).
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Rose IluMn no F.xerd If PA Research 7/13/2016 ResoDuion
D Arnendmoril k) F.xerd If PA Research MU 7/11/2016 1C;orillracq
D 2013 If PA Research M() ) 7/11/2016 Backup Maklroall
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager to extend an existing Agreement
with the Environmental Protection Agency (EPA) to continue
research related to the City of Yakima Wastewater Treatment
Plant's Floodplain Restoration and Riparian Outfall project and the
Gap to Gap Flood Hazard Reduction project.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection
and treatment facilities in accord with applicable Federal, State and Local regulations;
and
WHEREAS, the City's Wastewater Treatment Plant (WWTP) discharges its
outfall to the Gap to Gap Reach of the Yakima River; and
WHEREAS, the City is completing floodplain restoration projects as part of its
Riparian outfall project to remain in compliance with its wastewater discharge
permit with the Department of Ecology in response to Yakima County's Gap to Gap
Flood Hazard Reduction project; and
WHEREAS, restored floodplains in the Gap to Gap Reach are anticipated to
provide many benefits including water quality improvements, economic development
opportunity and salmon habitat enhancements; and
WHEREAS, pursuant to R- 2013 -109 the City entered into an agreement with the
EPA Office of Research and Development allowing the EPA research team to gather
information through August 25, 2016 that may result in cost savings for future
environmental compliance through investment in ecosystem services; and
WHEREAS, the City Council finds that it is of mutual benefit to and in the best
interests of both the EPA and the residents of Yakima and the surrounding region to
extend the agreement and allow EPA to research through August 25, 2019; now,
therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to amend the Memorandum of
Understanding with the Environmental Protection Agency, attached hereto and
incorporated herein by this reference, to allow continued research related to the City's
Floodplain Restoration and Riparian Outfall project.
ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2016.
ATTEST: Avina Gutierrez, Mayor
Sonya Claar Tee, City Clerk
AMENDMENT NO. 1 TO
MEMORANDUM OF UNDERSTANDING
ON YAKIMA FLOODPLAIN RESTORATION TO
V SUPPORT ECOSYSTEM MARKETS
BETWEEN THE ""' " °'`'
U.S. ENVIRONMENTAL PROTECTION AGENCY
AND THE CITY OF YAKIMA, WA
The purpose of Amendment No. 1 to the Memorandum of Understanding for the Yakima
Floodplain Restoration to Support Ecosystem Markets between the U.S. Environmental
Protection Agency and the City of Yakima, WA is to extend the period of performance for
a period of three (3) additional years through August 25, 2019.
The following provision is amended accordingly:
IX. EFFECTIVE DATE / MODIFICATION /DURATION/TERMINATION
"This MOU is to take effect upon the signature of both parties and is intended to remain in
effect for an initial period of three (3) years from August 26, 2013 - August 25, 2016; with
a three (3) year extension through August 25, 2019. This MOU may be modified or
extended at any time by the mutual written consent of the participants. The parties intend
to review this MOU at least once every year to determine whether it should be revised,
renewed, or terminated. This MOU may be discontinued by either participant at any time.
A participant will notify the other participant in writing at least ninety (90) days in advance
of such discontinuation date."
X. APPROVAL
Cynthia Sonich - Mullin Cliff Moore
Director, National Risk Management City Manager
Research Laboratory The City of Yakima
U.S. Environmental Protection Agency Washington State
Fes,' ci ✓Melt - Wu1li
( Si ture) V (Signature)
C°1 a4a014
Date Date
Memorandum of Understanding
Between USEPA and the City of Yakima. WA
MEMORANDUM OF UNDERSTANDING
ON YAKIMA FLOODPLAIN RESTORATION. TO
e l =u SUPPORT ECOSYSTEM MARKETS °
BETWEEN THE rt
r .• U.S. ENVIRONMENTAL PROTECTION AGENCY �; .00 -
AND THE CITY OF YAKIMA, WA
I. PURPOSE
The purpose of this MOU is to facilitate cooperation and coordination between the U.S.
Environmental Protection Agency's ( USEPA) Office of Research and Development.
National Risk Management Research Laboratory, Ground Water and Ecosystem
Restoration Division (EPA - NRMRL /GWERD), and the City of Yakima for the purposes
of identifying and quantifying ecosystem service benefits associated with Yakima
floodplain restoration, and developing the scientific basis upon which future economic
incentives for these services could be applied.
H. BACKGROUND
The Yakima River faces many challenges including flow modifications. channelization,
development, and pollutant loading. Soil conservation efforts in the past decade have
successfully reduced suspended sediment and organo- chlorine pesticide loading below
human health fish advisory levels.
Historically, flood,events were a regular occurrence that led to the early installation of
large protective levees near the Yakima River channel; however these levees regularly
fail to protect completely in large events. leading to flood damage costs.
River floodplain disconnection has contributed to salmon spawning and rearing habitat
loss. A local consortium, lead by the Yakima County Flood Control District has received
funding to set levees back from their current position and re- establish floodplains. The
benefits of removing river levees and restoring reclaimed floodplains include a variety of
ecosystem services like flood control, excess nutrient attenuation, water temperature
pollution mitigation, and enhancement of critical salmonid habitat. This presents a unique
opportunity to study the impact of levee setback floodplain restoration on ecosystem
services.
Ecosystem services are often undervalued or ignored which can lead to poor future
outcomes when these essential services are not appropriately considered in environmental
decision - making. Our overall goal is to conduct research that will demonstrate how
multiple, key ecosystem services can be quantified and related to one another, or bundled,
so that interactions among ecosystems services can be quantified. This collaboration is
intended to benefit both partners in developing a much better scientific understanding of
the ecological functions and ecosystem services being currently provided by the Yakima
River and to facilitate future restoration activities.
Page 1 of S
Memorandum of Understanding
Between USEPA and the City of Yakima, WA
III. AUTHORITIES
USEPA enters into this MOU pursuant to section 104 of the Clean Water Act, 33 U.S.C.
1254.
IV. ROLES AND. RESPONSIBILITIES
The USEPA intends to conduct ecological research on the Yakima River floodplain for
the next two field seasons beginning in January 2013. EPA staff intends to gather
baseline data and evaluate extant data that might be available, collect. data from
instrumented above and below ground sensors, evaluate results, of riparian vegetation and
soil inventories. and interpret fine- grained information from remote sensing. Data
collection may involve installation of monitoring wells, sensors and data loggers, routine
field visits to download data, service equipments and sample collections. This work
expects to be directed at evaluating what indicators or metrics 'are most appropriate to be
used in characterizing and quantifying ecosystem services in large river floodplains. All
information, documents and presentations relating to the Yakima River works is..intended
to be made available to the City of Yakima soon after passing Quality Assurance review
by EPA.
Permission for all operations and access. should he requested in advance from the City of
Yakima; two -way cornrnunications should be maintained at all times; and all rules and
policies by the City of Yakima should be carefully followed.
The City of Yakima staff intends to work with the US EPA scientists to coordinate
research in such a way as to minimize any negative impact that USEPA activities might
have on other users oractivities in the Yakima River floodplain. The City of Yakima staff
intends to work with EPA science leads to plan research activities, suggest viable .
alternatives that Might he considered, identify the best means of access to possible sites
and identify archived information that might be informative regarding the history or
current condition or characteristics of possible sites for intensive scientific investigation.
The City of Yakima intends to contact EPA in a. timely manner should it come to their
attention that natural or man -made situations could impact the research activities.
The City of Yakima and EPA staffs resolve to work on the efforts under this MOU with a
strong sense of responsibility. cooperation, and respect. The City of Yakima and USEPA
staffs intend to collaborate in developing education and outreach information (i.e.. charts
posters, presentation, public meetings) from. the combined research as part of their normal
outreach and communication .for a variety of intended audiences. The combined research
collaboration is intended to lead to an improved understanding of'the ecosystem services
and restoration in general with examples that are relevant to the current and planned
Yakima River floodplain restoration activities.
Page 2 of 5
r
Memorandum of Understanding
Between USEPA and the City of Yakima, WA
V. LIMITATIONS
A. All commitments under the MOU are subject to the availability of appropriated funds
and each party's budget priorities: Nothing in this MOU, in and of itself, calls on the City
of Yakima or USEPA to expend appropriations or to enter into any contract,. assistance
agreement, interagency agreement, or other financial obligation. This MOU does not
exempt the City of Yakima from USEPA policies governing competition for assistance
agreements or contracts. The City of Yakima concurs with USEPA that it is not to submit
a claim for compensation from USEPA or any other federal agency for activities it
undertakes in carrying out this MOU:
B: This MOU is neither a fiscal nor a funds obligation document. Any endeavor
involving reimbursement or contribution of funds between the participants to this MOU
is to be handled in accordance with applicable laws, regulations, and procedures, and be
subject to separate subsidiary arrangements to be effected in writing by representatives of
both participants.
C. This MOU does not create any right or benefit, substantive or procedural, enforceable
by law or equity, including by persons who are not participants to this arrangement,
against the City of Yakima or USEPA, their officers or employees or any other persons.
This MOU does not direct or apply to any person outside the City of Yakima or USEPA.
D. The City of Yakima may make factual statements to the public Which describe its
cooperation With USEPA. However, nothing in this MOU allows EPA to endorse the
purchase or sale of City of Yakima products or. services. The City of Yakima agrees not
to make statement to the public in news releases, product brochures, on websites or in
any media that imply EPA endorsement of City of Yakima products or services.
E. Neither' EPA nor the City of Yakima is assuming any liability for the actions or
omissions of the other party under this MOU; each party shall bear its own risk and shall
not state claims of liability against-the other
VI. PROPRIETARY INFORMATION
To carry out the joint work resulting from this MOU, the City of Yakima may need to
disclose proprietary information to USEPA. For the purpose of this MOU, proprietary
information is defined as information that an affected business claims to be confidential
and is not otherwise available to the public. The City of Yakima should clearly identify as
such confidential information disclosed to USEPA in writing and to clearly memorialize
in writing, within a reasonable time, any confidential information initially disclosed
Page 3 of 5
Memorandum of Understanding
Between USEPA and the City of Yakima, WA
orally. USEPA agrees not to disclose, copy, reproduce or otherwise make'.available in any
form whatsoever to any other person, firm, corporation, partnership, association or other
entity information designated as proprietary or confidential information without consent
of the City of Yakima except as Such information may be subject to disclosure under the
Freedom of Information Act (5 U.S.C. § 552), and USEPA's regulations -at 40 C.F:R. Part
2, or as otherwise required by law.
VII. INTELLECTUAL PROPERTY
USEPA and the City of Yakima concur that any cdpyrightable subject matter, including
but not. limited to journal articles, training, educational, or informational material, or
software, created jointly by the parties. from the activities conducted under the MOU may
be copyrighted by the City of Yakima. The City of Yakima hereby grants to the United
States government a royalty -free nonexclusive, irrevocable' world -wide right to
reproduce, distribute, make derivative works, and publish or perform the work(s)
publicly, or to authorize others to do the same on its behalf.
The participants intend that any patented invention created by the City of Yakima
pursuant to the terms of this MOU shall be jointly owned by the parties regardless of
inventorship, unless an alternative agreement indicates otherwise.
VIII. POINTS OF CONTACT
The following individuals are designated points of contact for the MOU:
U.S. Environmental Protection Agency (EPA- NRMRL): Kenneth J. Forshay, 919
Kerr Research Drive, Ada, OK 74820, phone 580 -436 -8912, email':
forshay.kenr :epa:gov.
The City of Yakima: Ryan Anderson, Wastewater Division, 2220 E Viola Avenue,
Yakima WA 98902 phone(509)249 -6813 email: r an: Anderson a vakiniaw'a.2i1N
IX. EFFECTIVE DATE /MODIFICATION/DURATION /TERMINATION
This MOU is to take effect upon the signature of both parties and is intended to remain in
effect for a period of three (3) years. This MOU may be.modified or extended at any time
by the mutual written consent of the participants. The parties intend to review this MOU
at least once every year to determine' whether it should be revised, renewed, or
terminated. This MOU may be discontinued by either participant at any time A
:participant will notify the other participant in writing at least ninety (90) days in advance
of such discontinuation date:
Page 4 of 5
Memorandum of Understanding
Between USEPA the City of Yakima, WA
X. APPROVAL
Cynthia Sonich-Mullin Tony O'Rourke
Director, National Risk Management City Manager
Research Laboratory The City of "Yakima
US. Environmental Protection ..Agency Washington State
Y
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Date Date
CITY CONTRACT NO: / 3-- ilfg
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RESOLUTION NO: /g'
Page 5 of 5
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