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HomeMy WebLinkAboutR-2007-187 Adopt 2007 Wastewater Cost of Service and Rate Study DRAFT COPYRESOLUTION NO. R-2007- 187 A RESOLUTION Adopting the 2007 Wastewater Cost of Service and Rate Study for the City of Yakima, Washington. WHEREAS, the City of Yakima is required to biannually review wastewater rates and charges to comply with federally mandates Environmental Protection Agency and State financing provisions, to satisfy bond covenants, and in accord with Yakima Municipal Code; and WHEREAS, a financing study is one element necessary to provide for the wastewater needs of the area for the health, safety and well being of the people, as well as complying with State and federal environmental laws and regulations; and WHEREAS, the City Council has complied with statutory requirements for Public Hearings on the findings of the Study; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The document entitled 2007 Wastewater Cost of Service and Rate Study, dated October 2007, a true copy of which Study is on file in the City Clerk's Office and is incorporated by reference herein, is hereby adopted by the City of Yakima. ADOPTED BY THE CITY COUNCIL this 11th day of City Clerk cember 200 or David E•ler ORDINANCE NO. 2007 - 65 AN ORDINANCE relating to wastewater rates, fees, and charges; adjusting various wastewater rates, fees, and charges; amending Sections 7.60.020, 7.60.025, 7.60.035, and 7.60.105 of the Yakima Municipal Code; and providing for related matters. WHEREAS, the City of Yakima (the "City") is authorized by Title 35 RCW to acquire, construct, own, operate, and provide financing for waterworks and systems of sewerage, and to establish rates, fees, and charges therefore; and WHEREAS, the City Council determines that it is in the best interests of the citizens of the City that ordinances related to such systems of sewerage, wastewater rates, fees, charges, and related matters be amended as set forth in this Ordinance; and WHEREAS. the City Council determines that the rates, fees, and charges contained in this Ordinance are fair, just, and reasonable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1. Section 7.60.005 of the Municipal Code reads as follows: 7.60.005 Definitions. 1. "Biochemical oxygen demand" (BOD) shall have the same meaning as in Chapter 7.65. 2. "Fats, Oils, Grease" (FOG) means animai/vegetable (polar) based floatable oil. fat waste, oil, or grease (whether or not emulsified), hexane or ether -soluble matter content; or a mineral/petroleum (non -polar) based oil or grease (whether or not emulsified), hexane or ether -soluble matter content; or any petroleum oil, nonbiodeqradable cutting oil, or products of mineral oil origin; or any substance which may solidify or become discernibly viscous at temperatures above zero degrees Centigrade (0 degree C) (32 degrees F). 3. "Industrial discharger" shall have the same meaning as in Chapter 7.65. 4 "Industrial wastewater" shall have the same meaning as in Chapter 7.65. 5. "Minor industrial user" (MIU) shall have the same meaning as in Chapter 7.65. 6. "Sewer" shall have the same meaning as in Chapter 7.65. 7. "Significant industrial user" (SIU) shall have the same meaning as in Chapter 7.65. 8. "Suspended solids" (SS) shall have the same meaning as in Chapter 7.65. 2007 COS 12/5/07 1 "Total suspended solids (TSS) shall have the same meaning as suspended solids. 10. "Wastewater" shall have the same meaning as in Chapter 7.65. 11. "Wastewater system" shall have the same meaning as "POTW" or "publicly owned treatment works" in Chapter 7.65. The term includes all sewers and wastewater treatment plants. 12. "Wastewater treatment plant" shall have the same meaning as in Chapter 7.65. Section 2. Section 7.60.010 of the Municipal Code reads as follows: 7.60.010 City to fix and collect wastewater rates and charges. A. The public health, safety and welfare require that the city of Yakima fix and collect wastewater rates and charges upon, and measured by either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer system in the city of Yakima and in areas outside the corporate limits of the city, for the carrying and discharge of all wastewater into the wastewater system of the city of Yakima as presently maintained and operated, together with additions and betterments thereto and extensions thereof, which rates and charges are fixed by this chapter; provided, that the specifying of service rates and charges by this chapter shall not affect the financing of construction of sewers and trunk sewers pursuant to the local improvement district process, the imposition of a wastewater connection charge, or other alternate means of financing such construction; provided further, the adoption of rates for service to property outside the corporate limits of the city does not constitute an undertaking by the city to serve any or all such property without compliance with other laws, regulations and policies of the city pertaining to the furnishing of city sewer service outside city corporate limits. B. Biennial Review. In accordance with federally mandated Environmental Protection Agency requirements and to satisfy bond covenants, the city shall review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the wastewater system and the user charge system. The charges for users or classes of users shall be revised as required. Section 3. follows: Section 7.60.020 of the Municipal Code is hereby amended to read as 7.60.020 Owner (inside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises within the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer system; PROVIDED that in no event shall the total wastewater service charge be less than the minimum charge indicated below: 2007 cos 12/5/07 2 Minimum charge effective Minimum charge effective Minimum charge effective Charges effective January 14, 2008 November 2, 2008 November 2 20C9 Bimo $13.81 / month $14.29 / month $14.79 / month $4,3.34 $0.45(' / Via„ $0.4698 / day $0.4862 / day 4- (1) Wastewater Service Charge --Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: (a) Ready -to -Serve Charges. For all customers other than multiple - unit residential customers: For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: 2007 COS 12/5/07 3 Charges effective vc car sJc�-?ffectiv e-20 005 Ain^^ Charges effective January ,^, -€. M (Inches) lenge Bimo ^^44 ch Monthly 3/4 $4,3.34 Bimonthly 26,68 Bimonthly 4- 4-694 Charge ;3,88 1 1/2 21.88 4.76 $13.81 $27.62 $14.29 $28.58 2 3522 1 70.44 $35.08 3 133,40 $18.78 266.80 1-1/2 $22.65 159432 $23.44 ,39.64 $24.26 $48.52 `3 $36.46 509.58 $37.73 $75.46 ,764 $78.10 703.28 $138.10 $276.20 $142.90 x328 456 $295.80 4 $175.80 For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: 2007 COS 12/5/07 3 Charges effective Charges effective Charges effective January 14, 2008 November 2, 2008 November 2, 2009 Water Meter Size Monthly Bimonthly Monthly Bimonthly Monthly Bimonthly (Inches)Charge Charge Charge Charge Charge Charge 3/4 $13.81 $27.62 $14.29 $28.58 $14.79 $29.58 1 $17.54 $35.08 $18.15 $36.30 $18.78 $37.56 1-1/2 $22.65 $45.30 $23.44 $46.88 $24.26 $48.52 2 $36.46 $72.92 $37.73 $75.46 $39.05 $78.10 3 $138.10 $276.20 $142.90 $285.80 $147.90 $295.80 4 $175.80 $351.60 $181.91 $363.82 $188.28 $376.56 6 $263.77 $527.54 $272.94 $545.88 $282.49 $564.98 8 $364.03 $728.06 $376.68 $753.36 $389.86 $779.72 10 $728.06 $1,456.12 $753.37 $1,506.74 $779.73 $1 559.46 For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: 2007 COS 12/5/07 3 June 20, 2005 _•, • _,.. - - Ready to serve charges Effective January 14, 2008 $7.18/account + $6.63/unit Ready to serve charges Effective November 2, 2008 $7.43/account + 6.86/un Ready to serve charges Effective November 2. 2009 7.69/account $7.10/'_snit (b) Volume Charge. For all customers, the volume charge shall be determined by the following: June 20, 2005 Volume charge effective January 14. 2008 Volume charge effective November 2,2008 $2.42 per 100 cubic ft of water consumption or, if metered, quantity discharged $2.51 per 100 cubic ft of water consumption or, if metered. quantity discharged Volume charge effective November 2, 2009 $2.59 per 100 cubic ft of water consumption or, if metered, quantity discharged B. Strong Waste Surcharge. For customers located inside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and/or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to - serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses, at its expense, to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in section 7.60.105 of this title. The following formula shall be utilized to calculate the strong waste charge: Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand three hundred thirty-seven) times (customer's concentration of BOD or TSS in parts per million per [the national average values] or [verified concentrations] minus three hundred). In the foregoing formula, the applicable values are as follows: �f r r Effective Nov 10, January -1, 2003 2004 January 1, 2005 Et it: ave January 1, 280€ $0-294 $0-31-2 $0-332 $0,332 2007 cos 12/5/07 4 Unit cost per po and for TSS $0,241- 80,286 $8-335 8.34 tbs 8:-34-Ibc 834 -lbs Section 4. follows: Section 7.60.025 of the Municipal Code is hereby amended to read as 7.60.025 Non -owner (outside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises outside the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on domestic water consumption; provided that in no event shall the total wastewater service charge -be Tess than the minimum charge indicated below: Nev-4-07-2003 -$19 th Minimum charge effective Effective Effective Effective January 14, 2008 November 2, 2008 November 2, 2009 Unit cost per pound $0.355 $0.380 $0.407 for BOD $0.6529 / day $0.6888 / day $0.7266 / day Unit cost per pound $0.363 $0.388 $0.415 for TSS Unit cost per pound $0.276 $0.276 $0.276 for FOG Weight of one gallon 8.34 pounds 8.34 pounds 8.34 pounds of water Section 4. follows: Section 7.60.025 of the Municipal Code is hereby amended to read as 7.60.025 Non -owner (outside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises outside the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on domestic water consumption; provided that in no event shall the total wastewater service charge -be Tess than the minimum charge indicated below: Nev-4-07-2003 -$19 th Minimum charge effective Minimum charge effective Minimum charge effective January 14, 2008 November 2, 2008 November 2, 2008 $19.86 / month $20.95 / month $22.10 / month $0.6529 / day $0.6888 / day $0.7266 / day (1) Wastewater Service Charge --Schedules. The wastewater service charge shall be calculated and charged according to the following schedules: 2007 cos 12/5/07 5 (a) Ready -to -Serve Charge. For all customers other than multiple -unit residential customers: Gh-afges-effective Nov 10, -2003 as Ilett Qi a /Inched Monthly charge 3/4 $-19.78 $39:56 25.12 50,24 32.14 64,88 104.14 3 395.60 4 251.80 503-.60 6 377.80 755.60 8 524,40 47042,80 a-0 47042,80 2,0»60 For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: Read -to -serve rarge efective Nov 10, 2003 Ready to serve charges Charges effective Charges effective Charges effective Effective January 14, 2008 November 2, 2008 November 2, 2009 Water Meter Size Monthly Bimonthly Monthly Bimonthly Monthly Bimonthly IncIr___*§I Charge Charge Charge Charge Charge Charge 3/4 $19.86 $39.72 $20.95 $41.90 $22.10 $44.20 1 $25.22 $50.44 $26.61 $53.22 $28.07 $56.14 1-1/2 $32.57 $65.14 $34.36 $68.72 $36.24 $72.443 2 $52.43 $104.86 $55.31 $110.62 $58.34 $116.6$ 3 $198.60 $397.20 $209.50 $419.00 $221.00 $442.00 4 $252.82 $505.64 $266.69 $533.38 $281.33 $562.6$ 6 $379.33 '.758.66 $400.15 $800.30 $422.11 $844.2 8 $523.51 $1,047.02 $552.24 $1,104.48 $582.56 $1,165.1 t 10 $1,047.02 $2,094.04 $1,102 18 $2,208.96 $1,165.11 $2,330.21 For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: Read -to -serve rarge efective Nov 10, 2003 Ready to serve charges Ready to serve charges Ready to serve charges Effective Effective Effective January 14, 2008 November 2, 2008 November 2, 2009 $10.33/account + $9:53/unit $10.89!acr;ount_1 10.06/unit ' 1.49/account + $10.61/un.t 2007 COS 12/5/07 (b) Volume Charge. For all customers, the volume charge shall be determined by the following: 6 ue-effective Nov 10, 2003 Volume charge effective January 14, 2008 Volume charge effective January 2,2008 $3.54 per 100 cubic ft of water consumption or, if metered, quantity discharged $3.73 per 100 cubic ft of water consumption or, if metered, quantity discharged Volume charge effective January 2, 2009 $3.94 per 100 cubic ft of water consumption or, if metered, quantity discharged B. Strong Waste Surcharge. For customers located outside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and/or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to -serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses at its expense to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in section 7.60.105 of this title. The following formula shall be utilized to calculate the strong waste charge: Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand three hundred thirty-seven) times (customer's concentration of BOD or TSS in parts per million per [the national average values] or [verified concentrations] minus three hundred). In the foregoing formula, the applicable values are as follows: Section 5. Section 7.60.030 of the Municipal Code reads as follows 7.60.030 Wastewater charge added to and payable with water bill. The wastewater service charge provided for in this chapter shall be payable at the office of the treasurer of the city, and shall be billed for and payable at the same time as the water bill for the premises is payable; and payment for water service shall not be accepted unless payment of the wastewater service charge is made at the same time. The same shall be payable bimonthly and shall be added to city water bills as a separate charge thereon. 2007 cos 1215107 7 Effective :7 -January 14, 2008 Unit cost per pound for BOD $0.537.470 Unit cost per pound for TSS $0.52 467_ Weight of one gallon of water 8.34 pounds Section 5. Section 7.60.030 of the Municipal Code reads as follows 7.60.030 Wastewater charge added to and payable with water bill. The wastewater service charge provided for in this chapter shall be payable at the office of the treasurer of the city, and shall be billed for and payable at the same time as the water bill for the premises is payable; and payment for water service shall not be accepted unless payment of the wastewater service charge is made at the same time. The same shall be payable bimonthly and shall be added to city water bills as a separate charge thereon. 2007 cos 1215107 7 Section 6. Section 7.60.035 of the Municipal Code is hereby amended to read as follows: 7.60.035 Septage and exceptional wastewater disposal charges. A. Septage Wastewater Disposal Charge. For septage wastewater disposed pursuant to Chapter 7.63, the following charge shall apply: Charge effective Nov 10, 2003 January 14 2008 $0. 3381 /gal B. Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7.63, the charge shall be calculated by reference to the following formula: Exceptional wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) 2007 cos 12/5/07 (1) Treatment costs. Treatment costs shall be determined by reference to the following formula: Treatment costs = [(UBOD/TSS) x (WW) x (V/1,337) x (CBOD/TSS)] + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD/TSS = Concentration of BOD or TSS (in parts per million); and the remaining values are as follows: Abbreviation Meaning Value Effective No- 2003January 14, 2008 UBOD/TSS Unit cost per pound of BOD or TSS $0.537-470 (BOD) $0. 467 (TSS) WW Weight of one gallon of water 8.34 pounds UV Unit cost per one hundred cubic feet of volume $0. (2) Receiving Costs. Receiving costs shall be calculated by the wastewater manager and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. 8 (3) Testing Cost. The costs of any testing are set forth in Section 7.60.105. The wastewater manager shall have final authority over what tests shall be required for any discharge. C. The amount of the disposal fee, at the rate specified in subsections A or B of this section, shall be based upon the actual quantity measured and discharged. Measurement shall be through methods and instruments as determined by the city. Section 7. Section 7.60.050 of the Municipal Code reads as follows: 7.60.050 Meters required --Penalty for violations --Rates for metered and unmetered premises. A. Meters Required --Penalty. Commencing September 1, 1977, all premises thereafter newly connected or reconnected to the wastewater system shall have a meter, approved by the city Utility Services manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system; and it shall be unlawful for any person, firm or corporation to thereafter connect any premises so as to be served by the wastewater system without installing a meter as required by this subsection. Any property connected to the wastewater system prior to September 1, 1977 shall have a meter, approved by the Utility Services manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system. This installation shall be made the first time the property changes ownership after the effective date of this ordinance. Any person, firm or corporation who connects any premises so as to be served by the wastewater system in violation of this subsection shall upon conviction thereof be subject to a fee not exceeding two hundred fifty dollars or subject to imprisonment in the city jail facility for a term not exceeding ninety days. B. Rates for Metered Premises. All premises served by either city domestic water service or by some other source of domestic water, and which have meters to measure all water supplies which are ultimately discharged into the city wastewater system shall pay wastewater service charges according to the rates specified in Section 7.60.020 or 7.60.025 of this chapter, and all premises which have meters to measure the quantity of wastewater discharged into the wastewater system shall likewise pay wastewater service charges according to the rates specified in Section 7.60.020 or 7.60.025 of this chapter. C. Rates for Unmetered Premises. Premises with existing connections to the city wastewater system, but which have no meter to measure either the domestic water supplied to the premises or the wastewater discharged therefrom, shall be charged a wastewater service charge according to rates specified in Section 7.60.020 or 7.60.025 of this chapter in an amount determined by the wastewater manager to be based on the average charge for wastewater service to similar premises. 2007 cos 12/5/07 9 Section 13. Section 7.60.100 of the Municipal Code reads as follows: 7.60.100 Additional collection method --Water service suspension --Notice and hearing procedure. A. As an additional and concurrent method of collection of any such delinquent wastewater rate or charge, the customer service manager may suspend the water service or supply from the premises to which such charge for wastewater has attached until such rates and charges are paid. B. No water service shall be suspended until a written notice has been served upon or mailed to the customer at least seven days prior to suspending service. Such notice shall state the date on which service is to be suspended, the amount of delinquent wastewater charges, and that a customer may request in writing a hearing before the customer service manager or his designee to contest the suspension, provided such request is received by the customer service manager or his designee before the date service is to be suspended. C. Upon timely receipt of a request for hearing, the customer service manager or his designee shall conduct a hearing, and the customer requesting the hearing shall be notified in writing by the customer service manager or his designee of the time, date and place of such hearing. Pending the outcome of a hearing, no service shall be suspended. D. When water service has been suspended for nonpayment of a wastewater charge, water service shall not be resumed until all delinquent service charges have been paid, together with an additional fifteen -dollar reconnection charge. E. In the event the occupant of a premises is someone other than the customer, the occupant or, in the case of a multiple dwelling, the manager or person in charge shall be notified in writing of the date of the suspension of service and the amount of delinquency at the same time such customer is so notified. Section 14. Section 7.60.105 of the Municipal Code is hereby amended to read as follows: 7.60.105 Rates, charges and fees for pretreatment program. A. It is the purpose of this section to provide for the payment of rates, charges, and fees for certain discharges to the wastewater system, to compensate the city for the cost of administration of the pretreatment program established in Chapter 7.65. Connection charges for dischargers subject to Chapter 7.65 are as set forth in Chapter 7.58 of this Code. B. Rates, Charges and Fees to be Published. The wastewater manager shall maintain a schedule of current rates, charges and fees, shall post such schedule conspicuously, and shall make copies available to interested persons. Upon request, the wastewater manager shall prepare an estimate of annual rates, charges and fees for a significant industrial user. 2007 cos 12/5/07 10 C. Significant Industrial Users (SIUs). Commencing on the effective date of the ordinance codified in this section, SIU permit fees amounts shall be set at 90% of that amount identified in the Industrial Facility Categories of WAC Chapters 173-224-040. The permit fee shall cover the costs of administering the SIU wastewater discharge permit program including inspections, technical assistance, education and compliance administration. Costs associated with any sampling and testing shall be in addition to the permit fee. This annual fee is based on the state's fiscal year (July 1 - June 30). Base Rate for Minor Industrial Users (MIUs). Commencing on the effective date of the ordinance codified in this section and er until amended pursuant to subsection €-F of this section, minor industrial users (as defined in Chapter 7.65) shall pay a base rate for pretreatment service. MIU Base fee Charge effective January 14. 2008 $80.13 / month Owner @ 75% $56.11 / month Charge effective November 2, 2008 $90.54 / month $59.19 / month Charge effective November 2, 2009 $102.32 / month $62.45 / month Significant industrial users shall not be subject to a base rate. . Charges and Fees for Related Services. Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection E below, significant industrial users shall pay the sampling and laboratory testing charges and fees provided below for those specific services described or listed below. All customers shall also be subject to the sampling, laboratory testing, and flat rate charges and fees provided below, in addition to any base rate provided for in subsection C, but only for those services requested by the customer or provided as part of a required compliance inspection. (1) Sampling Charge. The sampling charge includes sampler set-up, pick-up, and statistical analysis, as well as billing program charges from the customer service manager. The sampling charge is based on the length of the sampling period, pursuant to the following schedule: Sampling-Reriod Charge effest+ve Nov --1-07 2003 G r•h uh ora ion# day -in -the -same Sampling Period First Da\ $ 100.71 effective January 1- 2004 $-J-0 3 Charge effective January 14, 2008 charge effest+ve January 1, 2005 $ 275.94 $-1-06,84 Charge effective November 2, 2008 Charge effcrf esti e January 1, 2006 $ 28'1.22 $ 110.05 Charge effective November 2, 2009 $209.82 $216.11 $222.60 Each subsequent day in the same sampling period. 2007 COS 12/5/07 $86.22 $88.81 $91.47 11 2007 cos 12/5/07 (2) Laboratory Testing Fees. A laboratory testing fee is assessed for each type of test conducted on each sample. Fees are assessed pursuant to the following schedule. Test Charge Effective Nov -10, 2003 Charge Effective January 1, Chargc Effective January 1, 2005 Charge Effective Januarys 2006 2004 -_. .::.4chem+sal Oxygen -Demand $ 39.51 $ 40.70 $ 41.92 43.17 TSS Tot= 39.54 40.70 41.92 43.17 Suspene Solids -P44 19.75 20.31 20.95 21.58 BC_ _ _ , _ ,_, 59.26 61.04 62,87 64,76 COD 39.54 40 70 41.92 43.17 COD Soluble 59.26 61.04 62.87 64.76 SOS 39.54 40.70 41.92 43.17 19.75 20.34 20.95 21.58 Ammonia -(len 19.75 20.31 20.95 24-58 i (Colorimetric) 19.75 20.34 20.95 2 58 Dissolved -O (Aziele) 19.75 20.34 20.95 2-1,58 Dissolved -Oxygen (Membrane) 19.75 20.34 20.95 24,58 F 59.26 6-1.04 62,8-7 64.-76 FOG Fats. Oils & 79 01 84:38 83.82 86-34 Grease MRN 395.06 406.91 419.12 43 .69 Nitrate 39-54 40.70 41.92 43.17 Nitrite 39.54 45:70 41.92 43.17 OrganicNolatile Asi4s 19.7;: 20.34 20.95 24,58 t 39--5 1--70 41.92 43.17 12 2.444) der +ve4at+les BTEX (b) Market cost (a) Market -oast (a) Market sect (a) Metals Metals-G-ra-phite Furnace Pc ti TPH (b) Velat+le-Organics 231.83 289.79 405.71 63-7-54 Market tea) 231.83 238,74 298-48 41-7,88 656.67 Market -Gest 238:78 245.95 Market --oast 307.14 430.42 676.37 Market cost (a) 215.95 253.33 3-1-6.66 443.33 696-66 Market -oast 253.33 Notes: 2007 cos 12/5/07 Test Charge Effective January 14, 2008 Charge Effective November 2 2008 Charge Effective November 2, 2009 BOD -Biochemical Oxygen Demand TSS -Total Suspended Solids PH $45.48 $46.84 $48.25 $45.48 $46.84 $48.25 $22.74 $23.42 $24.12 BOD Soluble $68.22 $70.27 $72.37 COD $45.48 $46.84 $48.25 COD Soluble $68.22 $70.27 $72.37 TDS $45.48 $46.84 $48.25 Alkalinity (Carbonate) $22.74 $23.42 $24.12 Ammonia (Ion Seleave -..- $22.74 $23.42 $24.12 Chlorine Residual (Colorimetric) $22.74 $23.42 $24.12 Dissolved Oxygen (Azide) $22.74 $23.42 $24.12 Dissolved Oxygen (Membrane) Fecal Coliform $22.74 $23.42 $24.12 $68.22 $70.27 $72.37 FOG -Fats. Oils & Grease $90.96 $93.69 $96.50 13 2007 cos 12/5/07 MPN $454.80 $468.44 $482.50 Nitrate $45.48 $46.84 $48.25 Nitrite $45.48 $46.84 $48.25 OrganicNolatile $22.74 $23.42 $24.12 Acids Total Volatile Solids $45.48 $46.84 $48.25 BNA (b) Outside Market Costs Semivolatiles_ BTEX (b) $277.58 $285.91 $294.48 Metals $346.98 $357.38 $368.11 Metals Graphite $485.77 $500.34 $515.35 Furnace Pesticides/PCB's $763.35 $786.25 $809.83 TPH (b) Outside Market Costs Volatile Organics $277.58 $285.91 $294.48 (a) This testing is conducted by an outside laboratory. The actual fee will be based on the actual cost of the test performed, plus any related costs and taxes incurred. (b)Glossary: BNA: Base Neutral Acids (Semivolatile Organic compounds). BTEX: Benzene, Toluene, Ethylbenzene, and Zylene-Highly volatile hydrocarbons. TPH: Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and other fuels). 14 (3) Other related services are assessed on each of certain transactions or services, pursuant to the following schedule: Transaction or Service Discharge Authorization(a) Compliance Ins•ection Dye testing LS HR Charge Effective January 14, 2008 $475.00 $125.24 $125.24 Charge Effective November 2, 2008 $489.25 $129.00 $129.00 Charge Effective November 2, 2009 $503.93 $132.87 $132.87 Smoke testing $125.24 $129.00 $132.87 TVing (location) $180.00 Tying new construction we do Tying new construction (they do) 2007 cos 12/5/07 LF $1.25 15 185.40 $1 96 $1.29 190.96 $2.02 1.3 Cis ge Effect ive Nev 2003 Charge Effective January 1, 2004 C1;arge Effective January 1, 2005 k.,t+a+i i-yia January 1, t , _ _ 2006 _ }afge Authorization $ 467.2 $ 481.23 $ 495.66 $ 510.53 (a) 1- 4R 159.3 16417 469.10 174.17 9 .. ,:..;, - ang HR 159.3 164.17 169.10 174.17 9 Smoke- - k' 58.41 60.16 61.97 63.83 TV-knew-6421-11Stlizi-G1-1-0-141 L-- 1.87 1.93 4-98 204 g -(location) .. .13 6 n 342-80 322.18 381-.85 Transaction or Service Discharge Authorization(a) Compliance Ins•ection Dye testing LS HR Charge Effective January 14, 2008 $475.00 $125.24 $125.24 Charge Effective November 2, 2008 $489.25 $129.00 $129.00 Charge Effective November 2, 2009 $503.93 $132.87 $132.87 Smoke testing $125.24 $129.00 $132.87 TVing (location) $180.00 Tying new construction we do Tying new construction (they do) 2007 cos 12/5/07 LF $1.25 15 185.40 $1 96 $1.29 190.96 $2.02 1.3 Notes: ( a) Includes only the first 50,000 gallons of flow. See Chapter 7.65. F. Amendment of Base Rates, Charges and Fees. 1. The base rate or rates ("rates" for purposes of this subsection) set forth in subsection D of this section may be amended from time to time by ordinance of the city council. Any such amendment shall be based upon changes in the city's cost of providing wastewater pretreatment service as reflected in the city's annual budget. The base rates set forth in subsection D of this section are to be billed at 75% for customers located within the city limits. Other customers will be billed at 100% of base rates. These percentages may be amended by ordinance of the city council. 2. The charges and fees set forth in subsection E_of this section may be amended from time to time by ordinance of the city council upon recommendation of the wastewater manager. Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city's expenses associated with obtaining services from private laboratories and other third persons, and the city's own administrative and other costs. The charges and fees set forth in subsection D E of this section are to be billed at 75% for customers located within the city limits. Other customers will be billed at 100% of the charges and fees set forth in subsection E. These percentages may be amended by ordinance of the city council. G. Money to be Credited to Wastewater Operating Fund. All moneys collected pursuant to this part shall be paid into and credited to the wastewater operating fund as provided in Chapter 3.101. Section 15. Section 7.60.115 of the Municipal Code reads as follows: 7.60.115 Sunset Clause. Effective January 1, 2024, Wastewater Rates for all retail customers shall be reduced by the percentage established by dividing $886,666 by the total gross revenue received from all retail customers during the previous fiscal year. Section 16. Section 7.60.120 of the Municipal Code reads as follows: 7.60.120 Severability. If any section, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision will not affect the validity of the remaining portions of this ordinance, which shall continue in full force and effect. 2007 cos 12/5/07 16 Section 17. This ordinance shall be in full force and effect (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and appro this day of December, 2007. ATTEST: City Clerk Publication Date: Effective Date: 2007 cos 12/5/07 17 David Edler, ' ayor MEMORANDUM TO: Honorable Mayor, Members of the City Council FROM: Dick Zais, City Manager Dave Zabel!, Assistant City Manager Doug Mayo, Wastewater Manager SUBJECT: Wastewater Rate Proposal - Strong Waste Alternative DATE: December 4, 2007 Mayor Edler and staff met with representatives of Del Monte Foods on November 27 to discuss their concerns regarding the wastewater rate increase policy issue, or more specifically, the proposed strong waste increase. Del Monte Foods is far and away the City's largest strong waste generator. In previous correspondence and during the meeting, Del Monte Foods have expressed concern with the financial impact to their business should the three annual increases of 10% each be adopted by Council as proposed in the Wastewater Utility Cost of Service Study. As background, the rate increases as proposed would reduce the existing strong waste cost share with city retail customers from over 40% to Tess than 10%. The goal of reducing the cost share to a level Tess than 0% while appropriate is nonetheless somewhat arbitrary. The primary objective in reducing the cost share was to correct a shift that has occurred over time by making a significant shift of the cost to treat strong waste more directly on the strong waste generators. The amount of cost share is appropriately a legislative determination. Based on our discussions with Del Monte representatives, and staff follow up to the information provided, staff is submitting as an altemative for Council consideration, a revised proposal that would increase the strong waste rate 7% for each of the next three years. Del Monte officials indicated that they were hopeful of a significant decrease in the strong waste rate proposal, ionetheless if the City Council ultimately were to adopt the rate as proposed they would strive to work with it. While this revised proposal does not lower the cost share as much as the previous proposal, it does significantly lower the cost share from over 40% to a level of 15-18%. This revised proposal would reduce estimated strong waste revenues by approximately $157,000. Staff considers the 7% per annum altemative as fiscally viable and consistent with the objective of reducing what is currently an imbalance in the cost share for strong waste. (REVISED) COUNCIL STUDY SESSION TRANSMITTAL October 30, 2007 To: Honorable Mayor, Members of the City Council From: Dick Zais, City Manager Dave Zabell, Assistant City Manager Doug Mayo, Wastewater Manager Subject: Transmittal of Mandated 2007 Wastewater Cost of Service and Rate Study OPENING: This memorandum transmits the accompanying 2007 Wastewater Cost of Service and Rate Study (COS). The need for this COS update was outlined in a Council Information Item of October 4, 2006 titled Wastewater Utility Improvement Planning (see Attachment "A"). This COS is presented for your review, analysis, and comment. This COS and its recommendations shall be presented as a policy issue with the 2008 budget. Your final deliberation and action will come during the deliberation of the 2008 budget policy issues. The COS analyzes the mandated requirements and financial condition of the Wastewater Operating and Capital Funds and recommends action and adjusted wastewater rates to meet those conditions. In October 2004, Council adopted the 2004 Mandated Wastewater Facility Plan (Facility Plan). This Plan identified over $26.1 million of capital improvements required within the first 6 years (2004-2010). to maintain our ability to serve the community. Of this, $20.2 million (77%) is due to the Gity's legal, mandated. and contractual obligations. We have completed several of the identified projects and others are under construction. However, due to rapidly escalating construction costs, the current cost estimate to complete these projects is over $23 million. The Facility Plan also identifies the need for an additional $39.5 million of capital improvements during the years 2011-2016, and $20.2 million of capital improvements during the years 2017-2024. The total financial obligation over the next 17 years (2007-2024) equals over $70 million in expenses. in addition to existing programs, for Wastewater Facility operations. 2007 cos REVISED Transmittal page 1 11/30/07 On October 4, 2006, Council was transmitted for Council information a white - paper titled Wastewater Utility Improvement Planning. This document outlined the Division's progress and position toward meeting the mandates outlined in the 2000 Wastewater Facilities Plan and the 2004 Wastewater Facility Plan. This paper concludes "The Wastewater budget is fully obligated and spending on any new or non -emergency projects is on hold for at least 15 Months. In addition, the City's level of participation in collection system expansion and participation in non -emergency projects will need to be reevaluated as there are many existing lines in need of replacement and /or repair. Growth needs to pay for growth. However, the City's assistance in this area has been a powerful tool for economic expansion. Both of these efforts will require significant funding". This paper also states as "Long Term Funding Strategies: Alternatives to fund mandated improvements to the WTF include a cost of service evaluation including connection fees (to be completed in 2007), low interest loans, and additional revenue bonds depending on capacity available for debt service. For instance; one loan repayment will be complete in 2008, this will unlock debt service capacity for a revenue bond of approximately $4,500,000, which could be obtained as early as 2007 with first payments due in 2008. The current dept service is approximately 19.2% of our current budget. The maximum of the budget allowed is 25% ". The Wastewater Division's ability to meet the needs of the environment and community continue to face a very expensive future. There will be grave -. - c 0 -. •& .l0 0 111.1 07119_10 if these challenges are not adequately met. REFLECTION: Staff reviewed the predictions and proposals made in the 2001 Cost of Service Plan. During the period 2001 through 2006, Operation and Maintenance (0&M) expenses for the Wastewater Division showed a cumulative savings of $2.0 million (4.7%) ($40.9 v. $42.9) from that predicted and revenue showed an increase of $5.6 million (7.5%) ($81.1 v. $75.4). However, Capital Transfers showed an increase of $7.8 million (38.5%) ($27.9 v. $20.2). Of the increased transfers, $1.9 million went toward Treatment Facility projects; a portion of the remaining $5.9 million was invested in the ;expansion of the collection system. This investment is a plays a critical role in enabling economic development throughout the community and to bring much needed service to previously unsewered existing City neighborhoods. 2007 COS REVISED Transmittal page 2 11/30/07 Staff also reviewed staffing levels during the period 2002 to that recommended in this COS for 2008. Staffing levels for the entire Wastewater Division decrease 1.52 FTEs. Treatment Facility Operations and Maintenance show a decrease of 1.22 FTE. Increases of 0.03 FTE are shown in Collection Maintenance (in addition to assisting on projects for several other City divisions, our service area has increased significantly) and the Pretreatment program that became delegated during this period increased 1.95 FTE. During this same period (2002-2008) our payroll expenses have increased 3.7% 0 These other ex ep nses include .utilities. chemicals, fuel, and other private sector furnished items required by our operation. Overall, during the period 2002 actual through our 2008 projection, our total expenses, including debt service and capital transfers, have increased at an annual rate of 6.36%. As indicated on TABLE 1-4, for 2008, the system's expenses are budgeted to be: 1) Operation and Maintenance Expense % of Total a) Labor + benefits $4,747,720 (28.6%) b) Other * $4,015,599 (24.2%) 2) Capital Transfers $2,431,850 (14.7%) 3) Capital Debt Service $3,477,845 (21.0%) 4) Utility Tax $1,918,150 (11.6%) TOTAL $16,591,164 * Chemicals, utilities, fuel, etc. REQUIREMENTS FOR SEWER RATE ADJUSTMENTS: This study makes recommendations to adjust the current rate and fee schedules to accommodate the demands outlined in the 2004 Facility Plan and satisfy the City's legal, mandated, and contractual obligations. An accompanying 2007 Update to the Wastewater Connection Charge Study has also been prepared and is under your consideration. Any adjustment in Connection rates and charges will have an effect on the rates in this report. Each $130,000 worth of revenue from any other source translates to a 1% savings to City retail customers. 2007 COS REVISED Transmittal page 3 11/30/07 • As a prior recipient of Federal grant assistance. the City is required toa "Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works." 40 CFR 35.929-2(b) (2). • "The user charge system must be designed to produce adequate revenues required for operation and maintenance (including replacement). It shall provide that each user which discharges pollutants that cause an increase in the cost of managing the effluent or sludge from the treatment works shall pkv for such increased cost." 40 CFR 35.2140. The City of Yakima is responsible for securing adequate collection, treatment, and administrative programs to meet Federal, State, and local wastewater obligations. In general, those obligations are public health, regulatory compliance, financing, and community growth. Today there are no more Federal Grants. However, as a prior recipient of earlier Federal and State grants. the City remains bound to the terms of the Federal requirements cited above. The City's financing choices are loans. revenue bonds, or cash. All choices are entirely supported by wastewater customer rates. The Proposed Rates Increases are driven by: • Federal NPDES Permit/Clean Water Act: Failure or delay to authorize the Plan and rate increase recommendations could lead to violations of the City's NPDES permit which could mean fines and other civil and criminal penalties against the City of Yakima and make the City vulnerable to third party lawsuits. (See Appendix I for existing NPDES permit.) • Mandates/Contractual Obligations: Federal and State laws, Regulatory Agencies, and Contractual Obligation of the City including obligations of the 4 -Party Agreement and maintaining debt coverage requirements on existing bonded debt. (See Appendix I for Regulations, Rules and Citations.) • Capacity: Without improvements, the capacity of the treatment facility and some of our trunk pipes will soon be fully utilized. 2007 COS REVISED Transmittal page 4 11/30/07 • Service: Our ability to provide adequate, professional service to the community and to new customers of our area is diminishing annually. • Declining Reserves: In spite of a drop in actual and budgeted expenditures, all Wastewater funds are experiencing declining reserves levels. The reserves are declining at over $700,000 per year. This situation cannot be allowed to continue. If all new construction activity was halted, and NONE of the Facilities Plan recommendations were enacted the operating reserve would still fall to ZERO within four years. CONCLUSION: If the City does not take decisive action and obtain the resources necessary for the future, the following consequences could arise: • The capacity of the Treatment Facility and of several of our major interceptors will soon be exhausted. A Moratorium on new services (residential, commercial, and industrial) will likely be required within ten years or Tess effectively stopping development; • The City's ability to remain in compliance with all elements of our Federal NPDES Permit would be in severe jeopardy; • The City would be unable to meet existing contractual agreements together with new obligations within our service area limiting development to the area already served; and • The City could be unable to meet adequate debt coverage/bond covenant requirements. This could put the City's credit rating and ability to borrow money at risk. 2007 COS REVISED Transmittal page 5 11/30/07 RECOMMENDATIONS: The following recommendations of rate adjustments are provided to adjust current rate and fee schedules to generate a target revenue increase required to meet the 2010 funding requirements of the Wastewater Division's existing programs and the 2004-2010 phase of the Updated 2004 Wastewater Facility Plan ($26.1 million over 6 years). The recommendations for all customer classes are for a phased rate adjustment beginning Spring 2008. This option would allow some reserve capacity to transfer into the second phase 2011- 2016 of the Facility Plan capital requirements. Implementation of the recommendations in this "cost of service evaluation" will increase the average City retail customer's bill, over three years, a total of $3.95 per month (10.8%). During the same period (2008-2010), rates paid to the Division from all customers will cumulatively increase $4,010,290. This increase will predominately be used to meet our obligations to provide wastewater service to existing City neighborhoods. Summary of the net effect of the additional revenue (REVISED) 2008 2009 2010 Cumulative $453,046 1,448,779 2,108,415 /1,010,290 Additional Revenue revised $434,954 1,396,289 2,012,956 3,853,199 Increased Capital Transfers: 000 950,000 1,600,000 2,550,000 $453,096 324,926 255,405 1,033,427 Increased 473 Reserve revised: $434,954 272,436 168,946 876,336 2007 COS REVISED Transmittal page 6 11/30/07 The proposed level rate adjustments of major user groups being: User Group Pretreatment Program County Retail Wholesale Municipal City Retail Strong Waste City Retail 2008 2009 2010 Cumulative 5.5% 5.5% 5.5% 5.5% 5.5% 5.5% Adjustment per 1976 agreement 10.0% 10.0% 10.0% 3.5% 3.5% 3.5% 17.4% 17A% 33.1% 10.8% • Pretreatment - Section Current Rate: Proposed Rate: Phase One (13%)/ (5.5%) Phase Two (13%)/ (5.5%) Phase Three (13%)/ (5.5%) Cumulative Increase % 6 Outside $70.91 $80.13 $90.54 $102.32 45.3% City $53.18 $56.1 1 (includes 40% cost share) $59.19 (includes 40% cost share) $62.45 (includes 40% cost share) 17.4% The Targe percentage increase is due to the requirement to add a permit writer to staff. Proposed adjustments of Sampling and Testing Fees and SIU Permit Fees are listed in Section 6. 2007 COS REVISED Transmittal page 7 11/30/07 • City Strong Waste Retail Current Rate: Proposed Rate: 0 Phase One (7.0%) Masa Two (10.0%) Phase Two (7.0%) Phase ea-(1-O.O%) Phase Three (7.0%) Cumin o Cumulative Increase % Customers (REVISED) - Section 10 BOD/ib. TSS/Ib, FOG/Ib. $0.332 $0.339 none $0.365 $0.373 $4.-2.7-6 $0.355 $0.363 $0.276 $0.402 S&410 $0276 $0.380 $0.388 $0.276 $0A42 $0.407 $0.415 $0.276 33.1% 33.1% t 22.5% 22.5% n/a Large increase in rate for BOD and TSS due'to considerably less loading than anticipated in previous COS. FOG charge is initiated with this Study. Even with these adjustments, there remains a subsidy by City retail ratepayers of approximately 4.O% 15-18%. Note that businesses have control over reducing these charges by good management practices to reduce loadings. Working on the hypothesis that the above outlined adjustments are substantially approved by City Council, the following adjustments to City retail customers are recommended. • City Retail Customers - Section 11 Ready to Serve $13.34 Current Rate: Proposed Rate: Phase One (3.5%) Phase Two (3.5%) Phase Three (3.5%) $13.81 $14.29 $14.79 Cumulative Increase % 10.9% Volume/UOC Increase@1 0 UOC $ Increase $2.34 $36.74 $2.42 $38.01 $1.27 $2.51 $39.39 $1.38 $2.59 $40.69 $1.30 10.7% 10.75% $3.95 2007 COS REVISED Transmittal page 8 11/30/07 RUESTED ACTION: Staff respectfully requests City Council review and analyze this study, which will be submitted as a policy issue with the 2008 budget for action during the budget process. A Public Hearing on this issue will be held on November 20, with Council Action scheduled for early December. In the interim, staff will schedule meetings with council committees and with various community groups to discuss the Study's recommendations. 2007 COS REVISED Transmittal page 9 11/30/07 2007 Wastewater Cost of Service and Rate Study oc%9 I `37 CITY OF YAKIMA WASTEWATER UTILITY 2007 COST OF SERVICE AND RATE STUDY DRAFT SECTIONS 1 THROUGH 11 October, 2007 by Wastewater Staff 2007 WASTEWATER UTILITY COST OF SERVICE AND RATE STUDY TABLE OF CONTENTS Transmittal SECTION 1 Introduction and Executive Summary SECTION 2 Background Information SECTION 3 Capital Improvement Program SECTION 4 Operation, Capital, and Debt Service SECTION 5 Plant Flows and Pollutant Loading SECTION 6 Pretreatment Program SECTION 7 Outsid e City Domestic Retail Customers SECTION 8 Outside City Strong Waste / Septic Customers SECTION 9 SECTION 10 SECTION 11 Municipal Wholesale Customers City Strong Waste Customers City Retail Domestic Customers COUNCIL STUDY SESSION TRANSMITTAL October 30, 2007 To: Honorable Mayor, Members of the City Council From: Dick Zais, City Manager Dave Zabell, Assistant City Manager Doug Mayo, Wastewater Manager Subject: Transmittal of Mandated 2007 Wastewater Cost of Service and Rate Study OPENING: This memorandum transmits the accompanying 2007 Wastewater Cost of Service and Rate Study (COS). The need for this COS update was outlined in a Council Information Item of October 4, 2006 titled Wastewater Utility Improvement Planning (see Attachment "A"). This COS is presented for your review, analysis, and comment. This COS and its recommendations shall be presented as a policy issue with the 2008 budget. Your final deliberation and action will come during the deliberation of the 2008 budget policy issues. The COS analyzes the mandated requirements and financial condition of the Wastewater Operating and Capital Funds and recommends action and adjusted wastewater rates to meet those conditions. In October 2004, Council adopted the 2004 Mandated Wastewater Facility Plan (Facility Plan). This Plan identified over $26.1 million of capital improvements required within the first 6 years (2004-2010) to maintain our ability to serve the community. Of this. $20.2 million (77%) is due to the City's legal. mandated. and contractual obligations. We have completed several of the identified projects and others are under construction. However. due to rapidly escalating construction costs. the current cost estimate to complete these projects is over $23 million. The Facility Plan also identifies the need for an additional $39.5 million of capital improvements during the years 2011-2016. and $20.2 million of capital improvements during the years 2017-2024. The total financial obligation over the next 17 years (2007-2024) equals over $70 million in expenses. in addition to existing programs. for Wastewater Facility operations. 2007 cos Transmittal page 1 10/26/07 On October 4, 2006, Council was transmitted for Council information a white - paper titled Wastewater Utility Improvement Planning. This document outlined the Division's progress and position toward meeting the mandates outlined in the 2000 Wastewater Facilities Plan and the 2004 Wastewater Facility Plan. This paper concludes "The Wastewater budget is fully obligated and spending on any new or non -emergency projects is on hold for at least 15 Months. In addition, the City's level of participation in collection system expansion and participation in non -emergency projects will need to be reevaluated as there are many existing lines in need of replacement and /or repair. Growth needs to pay for growth. However, the City's assistance in this area has been a powerful tool for economic expansion. Both of these efforts will require significant funding". This paper also states as "Long Term Funding Strategies: Alternatives to fund mandated improvements to the WTF include a cost of service evaluation including connection fees (to be completed in 2007), low interest loans, and additional revenue bonds depending on capacity available for debt service. For instance; one loan repayment will be complete in 2008, this will unlock debt service capacity for a revenue bond of approximately $4,500,000, which could be obtained as early as 2007 with first payments due in 2008. The current dept service is approximately 19.2% of our current budget. The maximum of the budget allowed is 25% ". The Wastewater Division's ability to meet the needs of the environment and community continue to face a very expensive future. There will be grave consequences to the City's ability to meet regulatory and community demands if these challenges are not adequately met. REFLECTION: Staff reviewed the predictions and proposals made in the 2001 Cost of Service Plan. During the period 2001 through 2006, Operation and Maintenance (0&M) expenses for the Wastewater Division showed a cumulative savings of $2.0 million (4.7%) ($40.9 v. $42.9) from that predicted and revenue showed an increase of $5.6 million (7.5%) ($81.1 v. $75.4). However, Capital Transfers showed an increase of $7.8 million (38.5%) ($27.9 v. $20.2). Of the increased transfers, $1.9 million went toward Treatment Facility projects; a portion of the remaining $5.9 million was invested in the expansion of the collection system. This investment is a plays a critical role in enabling economic development throughout the community and to bring much needed service to previously unsewered existing City neighborhoods. 2007 cos Transmittal page 2 10/26/07 Staff also reviewed staffing levels during the period 2002 to that recommended in this COS for 2008. Staffing levels for the entire Wastewater Division decrease 1.52 FTEs. Treatment Facility Operations and Maintenance show a decrease of 1.22 FTE. Increases of 0.03 FTE are shown in Collection Maintenance (in addition to assisting on projects for several other City divisions, our service area has increased significantly) and the Pretreatment program that -became delegated during this period increased 1.95 FTE. During this same period (2002-2008) our payroll expenses have increased 3.7% annually compared to an annual increase of 8.5% for our other O&M expenses. These other expenses include utilities. chemicals. fuel, and other private sector furnished items required by our operation. Overall, during the period 2002 actual through our 2008 projection, our total expenses, including debt service and capital transfers, have increased at an annual rate of 6.36%. As indicated on TABLE 1-4, for 2008, t to be: 1) Operation and Maintenance a) Labor + benefits b) Other * 2) Capital Transfers 3) Capital Debt Service 4) Utility Tax TOTAL * Chemicals, utilities, fuel, etc. he system's expenses are budgeted Expense $4,747,720 $4,015,599 $2,431,850 $3,477,845 $1.918.150 $16,591,164 % of Total (28.6%) (24.2%) (14.7%) (21.0%) (11.6%) REQUIREMENTS FOR SEWER RATE ADJUSTMENTS: This study makes recommendations to adjust the current rate and fee schedules to accommodate the demands outlined in the 2004 Facility Plan and satisfy the City's legal, mandated, and contractual obligations. An accompanying 2007 Update to the Wastewater Connection Charge Study has also been prepared and is under your consideration. Any adjustment in Connection rates and charges will have an effect on the rates in this report. Each $130,000 worth of revenue from any other source translates to a 1 savings to City retail customers. 2007 cos Transmittal page 3 10/26/07 • As a prior recipient of Federal grant assistance. the City is required to: "Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works." 40 CFR 35.929-2(b) (2). • "The user charge system must be designed to produce adequate revenues required for operation and maintenance (including replacement). It shall provide that each user which discharges pollutants that cause an increase in the cost of managing the effluent or sludge from the treatment works shall pay for such increased cost." 40 CFR 35.2140. The City of Yakima is responsible for securing adequate collection, treatment, and administrative programs to meet Federal, State, and local wastewater obligations. In general, those obligations are public health, regulatory compliance, financing, and community growth. Today there are no more Federal Grants. However. as a prior recipient of earlier Federal and State grants. the City remains bound to the terms of the Federal requirements cited above. The City's financing choices are loans, revenue bonds. or cash. All choices are entirely supported by wastewater customer rates. The Proposed Rates Increases are driven by: • Federal NPDES Permit/Clean Water Act: Failure or delay to authorize the Plan and rate increase recommendations could lead to violations of the City's NPDES permit which could mean fines and other civil and criminal penalties against the City of Yakima and make the City vulnerable to third party lawsuits. (See Appendix I for existing NPDES permit.) • Mandates/Contractual Obligations: Federal and State laws, Regulatory Agencies, and Contractual Obligation of the City including obligations of the 4 -Party Agreement and maintaining debt coverage requirements on existing bonded debt. (See Appendix I for Regulations, Rules and Citations.) • Capacity: Without improvements, the capacity of the treatment facility and some of our trunk pipes will soon be fully utilized. 2007 cos Transmittal page 4 10/26/07 • Service: Our ability to provide adequate, professional service to the community and to new customers of our area is diminishing annually. • Declining Reserves: In spite of a drop in actual and budgeted expenditures, all Wastewater funds are experiencing declining reserves levels. The reserves are declining at over $700,000 per year. This situation cannot be allowed to continue. If all new construction activity was halted, and NONE of the Facilities Plan recommendations were enacted the operating reserve would still fall to ZERO within four years. CONCLUSION: If the City does not take decisive action and obtain the resources necessary for the future, the following consequences could arise: • The capacity of the Treatment Facility and of several of our major interceptors will soon be exhausted. A Moratorium on new services (residential, commercial, and industrial) will likely be required within ten years or less effectively stopping development; • The City's ability to remain in compliance with all elements of our Federal NPDES Permit would be in severe jeopardy; • The City would be unable to meet existing contractual agreements together with new obligations within our service area limiting development to the area already served; and • The City could be unable to meet adequate debt coverage/bond covenant requirements. This could put the City's credit rating and ability to borrow money at risk. 2007 cos Transmittal page 5 10/26/07 RECOMMENDATIONS: The following recommendations of rate adjustments are provided to adjust current rate and fee schedules to generate a target revenue increase required to meet the 2010 funding requirements of the Wastewater Division's existing programs and the 2004-2010 phase of the Updated 2004 Wastewater Facility Plan ($26.1 million over 6 years). The recommendations for all customer classes are for a phased rate adjustment beginning Spring 2008. This option would allow some reserve capacity to transfer into the second phase 2011- 2016 of the Facility Plan capital requirements. Implementation of the recommendations in this "cost of service evaluation" will increase the average City retail customer's bill, over three years, a total of $3.95 per month (10.8%). During the same period (2008-2010), rates paid to the Division from all customers will cumulatively increase $4,010,290. This increase will predominately be used to meet our obligations to provide wastewater service to existing City neighborhoods. Summary of the net effect of the additional revenue 2008 2009 Additional Revenue: $453,096 1,448,779 Increased Capital Transfers: 000 950,000 Increased 473 Reserve: $453,096 324,926 2010 2,108,415 1,600,000 255,405 Cumulative 4,010,290 2,550,000 1,033,427 The proposed level rate adjustments being: of major user groups User Group Pretreatment Program County Retail Wholesale Municipal City Retail Strong Waste City Retail 2008 2009 5.5% 5.5% 5.5% 5.5% Adjustment per 1976 10.0% 10.0% 3.5% 3.5% 2010 Cumulative 5.5% 5.5% agreement 10.0% 3.5% 17.4% 17.4% 33.1% 10.8% 2007 cos Transmittal page 6 10/26/07 • Pretreatment - Section Current Rate: Proposed Rate: Phase One (13%)/ (5.5%) Phase Two (13%)/ (5.5%) Phase Three (13%)/ (5.5%) Cumulative Increase % 6 Outside $70.91 $80.13 $90.54 $102.32 45.3% it $53.18 $56.11 (includes 40% cost share) $59.1 9 (includes 40% cost share) $62.45 (includes 40% cost share) 17.4% The Targe percentage increase is due to the requirement to add a permit writer to staff. Proposed adjustments of Sampling and Testing Fees and SIU Permit Fees are listed in Section 6. • City Strong Waste Retail Current Rate: Proposed Rate: Phase One (10.0%) Phase Two (10.0%) Phase Three (10.0%) Cumulative Increase % Customers - Section 130D/Ib. TSS/Ib. $0.332 $0.339 $0.365 $0.373 $0.402 $0.410 $0.442 $0.451 33.1% 33.1% 10 FOG/Ib. none $0.276 $0.276 $0.276 n/a Large increase in rate for BOD and TSS due to considerably less loading than anticipated in previous COS. FOG charge is initiated with this Study. Even with these adjustments, there remains a subsidy by City retail ratepayers of approximately 10%. Note that businesses have control over reducing these charges by good management practices to reduce loadings. 2007 COS Transmittal page 7 10/26/07 Working on the hypothesis that the above outlined adjustmentsare substantially approved by City Council, the following adjustments to City retail customers are recommended. • City Retail Customers - Section 11 Ready to Serve Volume/UOC Increase@1 0 UOC $ Increase Current Rate: Proposed Rate: Phase One (3.5%) Phase Two (3.5%) Phase Three (3.5%) $13.34 $2.34 $36.74 $13.81 $14.29 $14.79 Cumulative Increase % 10.9% $2.42 $2.51 $2.59 10.7% $38.01 $39.39 $40.69 10.75% $1.27 $1.38 $1.30 $3.95 REQUESTED ACTION: Staff respectfully requests City Council review and analyze this study, which will be submitted as a policy issue with the 2008 budget for action during the budget process. A Public Hearing on this issue will be held on November 20, with Council Action scheduled for early December. In the interim, staff will schedule meetings with council committees and with various community groups to discuss the Study's recommendations. 2007 COS Transmittal page 8 10/26/07 ATTACHMENT A For City Council Information October 4, 2006 To: Honorable Mayor, Economic Development Council Committee, and City Council From: Dick Zais, Dave Zabell, Doug Mayo and Max Linden Subject: Wastewater Utility Improvement Planning This report is to update the City Council on wastewater capital investments over the past three years and 2007 budget year, the performance of the adopted infrastructure investment plan, and the current cash reserve position in funds 472, 476, and 478. During the previous half -decade the City has implemented the draft 2000 Wastewater Facility Plan and subsequent amendments that developed a long-range plan to improve and upgrade the Wastewater Treatment Plant, and provide for strategic expansion and renovation of the wastewater collection system. The plan is a financial planning model which included a thorough analysis of the utility rate structure, fiscal policies of the Utility, capital needs assessment, and an analysis of the revenue requirements required to implement the capital improvement plan. In addition the 2000 Draft Wastewater Facility Plan, subsequent amendments, and annual City budget information and projections were utilized in this effort. Most recently the adopted 2004 Wastewater Facility Plan (completed by Black & Veatch Corporation) was finalized and provides a historical and projected budget mandated by the Department of Ecology for continued upgrade of the Wastewater Treatment Plant. The mandated Facility Plan utilized a 20 -year planning horizon (2004-2024) in developing recommended improvements to the Wastewater Treatment Facility. These improvements total an estimated $41,000,000 in regulatory, capacity, health and safety, and regular renewal -and replacement upgrades to the WTF, of which approximately $17,800,000 are scheduled for the 0-6 year (2004- 2010) near-term capital improvement program. As stated in the attached April 18, 2005 memo to Council, the overall cost of this first phase of the 0 -6 -year planning horizon; consisting of improvements to the Wastewater Treatment Facility was estimated at $13,796,000 with an additional $4,000,000 necessary to fund planned investments through 2008. The planning effort has proven to be accurate, in that overall projects costs attachment A page 1 estimates have been attained, and overall revenue projections have been met. This plan however is a spending plan; correspondingly, a planned spending of fund reserves has occurred, in concert with the completion or near completion of several projects. As successful as this effort has been for the City, the time has now arrived to update the plan. As indicated above, City staff has been conducting ongoing analysis and planning during this interim period. In addition to the long- range planning provided for in the mandated Facility Plan, a more detailed analysis of available funds and revenue requirements occurs bi-annually during rate review and cost -of -service analysis. As mentioned previously, the City has invested significant sewer operation revenue/cash reserves from 2004 through 2007. Remaining sewer operation revenue/cash reserves are needed to complete capital projects underway and maintain a minimum reserve levels. Following are the major sewer projects the City implemented or will during the 2004 through 2007 budget years: Project name Sewer Operation Revenue/Cash Reserves used to date 04-06 Sewer Operation Revenue/Cash Reserves proposed for budget year 2007 Total Sewer Operations Revenue/Cash Reserves 2004-2007 1. Wa Ave 40th to 48th sewer Phase 1 $1,235,163 00 $1,235,163.00 2. Wa Ave 40th to 52nd sewer Phase 1 $1,599,289.00 $1,599,289.00 3. 96th-Tieton Ext. Sewer $642,174.00 $642,174.00 4. WaAve52ndto62nd sewer Phase 2 $590,344.00 $590,344.00 5. Speedway sewer $1,751,353.00 $1,751,353.00 6. River Road sewer $663,000.00 $663,000.00 7. Historic Front Street Sewer $165,000.00 $165,000.00 8 VWVTF Improvements Phase 1 $4,111,973.00 $4,111,973.00 9. Ultra Violet Disinfection $249,000.00 $249,000.00 10. Grade Separation Project $150,000.00 $150,000.00 TOTALS $5,983,323.00 $5,173,973.00 $11,157,296.00 Planned cash reserves to be used during this period are $11,157,296 of which $5,983,323 has been invested in 2004-2006 as described below: • Fund 478 (Wastewater Facility Capital Improvements) — no cash reserves have been spent to date with $4,111973 of reserves projected attachment A page 2 during FY 2007, leaving a minimal ending balance of $498,187. • Fund 476 (Sewer Construction) - $5,983,323 of reserves were utilized during the period 2004-2006 with an additional $1,121,000 planned for 2007, leaving a projected minimal ending balance of $512,705. • Fund 472 (Wastewater Facility Capital Improvements) - $150,000 of reserves are projected to be used during FY 2007, leaving a year-end minimal balance of $443,584. • Fund 473 (Operations) — this fund historically provides cash transfers to the capital funds. In recent years this fund has also funded stormwater activities at a total cost of $643,120 with an additional $342,971 estimated for 2007. The 2007 projected year-end minimal cash balance is $1,165,343. Grants are no longer available to Wastewater Treatment Facilities. Planned Loans and Bonds to be implemented over the past three years and the 2007 budget year include the following: Project name PWTF loan 04-06 Revenue Bond 04-06 PWTF loan proposed 2007 Revenue Bond proposed 2007 Total 6. River Road sewer $700,000.00 $1,607,000.00 $2,307,000.00 8. VVWTF Improve- ments $5,725,000.00 $4,063,027.00 $9,788,027.00 9. UV Disinfection $351,000.00 $2,300,000.00 $2,651,000.00 TOTALS $700,000.00 $6,076,000.00 $3,907,000.00 $4,063,027.00 $14,746,027.00 A total of $25,903,323 from sewer operations revenue/reserves, loans, and bonds has been spent or is planned to from 2004 through 2007. Additional funding will be needed to continue the required improvements to the WWTP. Two major pieces of process equipment at the WWTP are in need of repair and or replacement. Anticipated costs for the repairs and replacement are approximately $500,000 each. At present these repairs are planned for 2008 and 2009 however reserves must be kept in place in the event repairs are required sooner. The current financial position of the Utility in terms of fund reserves was anticipated per our revenue and expenditure planning. It is now time to update our financial plan. This can appropriately be approached on two attachment A page 3 different fronts each having multiple options and alternatives: Short Term Funding Strategies: These would address emergency repairs and small capital projects relating to system expansion. Inter -fund loans or a line of credit are both viable options. Needed funds can be acquired through these processes, then re -paid as the financial position of the Utility improves through retirement of debt, expansion, or revenue enhancements. Local Improvement Districts (LIDs) are a sound funding mechanism for collection system expansion. Raising sewer rates can also be used to support short-term strategies, plus funds now being spent on stormwater activities can be reallocated at such time rates designed to support these activities are in effect. Long Term Funding Strategies: Alternatives to fund mandated improvements to the WTF include a cost of service evaluation including connection fees (to be completed in 2007), low interest loans, and additional revenue bonds depending on capacity available for debt service. For instance; one loan repayment will be complete in 2008, this will unlock debt service capacity for a revenue bond of approximately $4,500,000, which could be obtained as early as 2007 with first payments due in 2008. The current dept service is approximately 19.2% of our current budget. The maximum of the budget allowed is 25%. An additional repayment scheduled for 2011 will provide financial capacity for additional debt at that time. These loans and bonds will be used only for the needed improvements to the Wastewater Treatment Plant. The Wastewater budget is fully obligated and spending on any new or non- emergency projects is on hold for at least 15 Months. In addition, the City's level of participation in collection system expansion and participation in non -emergency projects will need to be reevaluated as there are many existing lines in need of replacement and /or repair. Growth needs to pay for growth. However, the City's assistance in this area has been a powerful tool for economic expansion. Both of these efforts will require significant funding. Our intent was to update the City Council with the current financial status of the Utility as it relates to the City's past investment, current reserve balances, and preliminary thinking on near-term future financing attachment A page 4 opportunities. It is our intent to discuss this issue with the City Council during the 2007 Budget process and beyond as we initiate an update of the financial planning model for the Utility. attachment A page 5 For City Council Information April 18, 2005 To: Honorable Mayor, City Council and City Manager From: Max Linden, Wastewater Utility Engineer Subject: Wastewater Facility Improvements This memo will provide an update on Wastewater Facility Improvements and justification for additional funding. The Wastewater division wishes to request permission to submit an application for a $4,000,000 loan from PWTF for council approval at the May 3rd 2005 City Council meeting. Implementation of the adopted 2004 Wastewater Facility Plan is dependent on development of a realistic and sustainable Capital Facilities Plan which takes into account various intemal sources of revenue such as rates, fees and connection charges as well potential external sources such as grants and loans. The implementation and financing program is based on analyses of the wastewater collection and treatment systems, projected growth rates and recommended and required improvements for sustaining growth and meeting regulatory requirements. The Wastewater Facility Plan provides a general overview of past rates analyses, financial policies of the City of Yakima's Wastewater Utility and an overview of the revenue requirements associated with completion of the projects outlined herein are provided. In addition, project implementation costs are evaluated and potential revenue alternatives that may be available to the City are discussed. A summary of recommended improvements to the Yakima Regional WWTP and the collection system have been identified in section 12 of the 2004 Wastewater Facility Plan. Improvements have been divided into near term (0-6 years), mid- term (7-12 years) and long range (13-20 years) recommendations that are further broken down into key treatment feature projects, other wastewater treatment facilities projects and collection system improvements. Project prioritization were determined based on relative need and regulatory requirements associated with each. Over the 20 -year planning horizon recommended improvements to the Wastewater Treatment Facility include a variety of projects totaling an estimated $41 million in regulatory, capacity upgrade, health and safety features and regular renewal and replacement projects with approximately $31 million in improvements scheduled Memo page 1 for the 0-6 year near-term capital improvement program. The 2004 Wastewater Facility Plan identifies the improvements, estimates costs, relative schedules and the primary reason for installation or upgrade. Indication of the reason for the upgrade should be a primary determination in deciding the type of funding to be utilized for each project. General speaking, upgrades that are mandated by regulation are most suitable for loan and grant financing, while smaller projects and regular renewal and replacements are most commonly financed from available cash and rates. This does not, however, preclude the packaging of several related improvements into funding applications that allow similar projects to be accomplished simultaneously. The inclusion of a variety of projects into one application also allows the more serious of the issues being addressed to help sell less significant aspects of the overall project through the competitive processes. Analysis of the treatment systems performed as part of the facility plan indicates the need to provide redundancy to several operations within the treatment plant. Redundancy is required to meet Washington State Department of Ecology criteria for provision of backup facilities to major treatment processes to assure compliance with the City's NPDES permit and associated rules and regulations. The following areas, scheduled for the 0-6 near term planning horizon, have been identified and prioritized in the planning process as the most critical facilities requiring redundancy. These projects are included in the Series B bond proceeds funding received in 2003. • Centrifuge Dewatering in new solids handling building (Project 23) — Currently only one of the two centrifuges is function for dewatering biosolids and this requires extensive maintenance to continue operating. A new centrifuge is required to maintain compliance when the older centrifuge is out of service. The new centrifuge will be located in a new solids handling building. The older centrifuge will be used for redundancy requirements for dewatering and thickening. • Solids Thickening (Projects 21 and 22) — The waste activated sludge thickening process reduces the total volume sent to the digestion process, and directly impacts regulatory compliance. Currently only one dissolved air flotation thickener (DAFT) unit is in place to thicken secondary sludge. The older centrifuge will also be used as a second thickening unit to meet redundancy criteria. • Standby Power Capacity Addition (Project 38) - The emergency power system supplies a backup source of power to assure that minimum treatment is provided during a power failure. The existing generator set was installed in 1980 and at a minimum, requires a complete inspection/overhaul. An Memo page 2 additional generator set is required to operate the minimum treatment process. This unit will be housed in the new blower building. • New Blowers in New Blower Building (Project 7) — Existing VFDs that operate the four 400 horsepower blowers are far less efficient and generate more harmonic distortion on the electrical power system than newer technology. The blowers and VFDs are all at the end of their useful life, are difficult to find replacement parts for and require replacement. Construction of a new structure to accommodate new blowers is recommended. In addition, to redundancy projects the following projects, also scheduled for the 0- 6 near term planning horizon, have been identified as critical projects for renewal, safety and efficiency of operations. • Replace SCADA System (Project 39) — Major SCADA system components will be replaced, including PLCs, computer hardware and software, HMI software, and historical data logging software. • UV Disinfection (Project 40) — UV disinfection facilities will be installed to replace chlorine disinfection, reducing safety and security concerns. • New Grease Receiving Facility, Replacement of Digester Gas Piping, Valves and Flow Meters — The digester gas collection piping is over 20 years old and needs to be upsized. The projects above, identified as part of the near term (0-6 yrs.) priority improvements in the 2004 Wastewater Facility Plan, are being packaged as one project. This package includes having our engineer upgrade the plants SCADA system (currently under way), two pre -procurement bid packages to pre -purchase blowers and a centrifuge (ready to go out for bid) and a construction bid package planned to be advertised for bid in October of 2005. The total cost of this will be approximately $13,796,000. (See highlighted projects on Table 3-4 Capital Improvement Projects) In 2003, the City of Yakima implemented a new rate structure to increase revenues to the wastewater utility. Additional funding assistance for future projects comes from the approximate $18 million in revenue bonds that were issued by the City in 2003. These bonds were divided into two distinctive series with approximately $7.46 million in proceeds from Series A bonds being used to pay for the settlement of previous litigation relating to odor control within the sewer system. Approximately $10 million in proceeds from sale of Series B Bonds is being used to fund a variety of projects and capital improvements involving the City's wastewater treatment plant. Memo page 3 Projects dedicated to resolving issues related to regulatory requirements are often financed by government administered grant and low interest loan financing programs. In competitive financing programs such as Public Works Trust Fund, Centennial Clean Water and State Revolving Fund programs, regulation mandated projects tend to receive higher scores than renewal and replacement or growth driven projects. Growth related system improvements are generally funded through property assessments, connection charges and development fees. None of the specific improvements mentioned above are growth related only. Long term financing strategies will include continuing to apply for grant and low interest funding, where appropriate, and maintaining current and equitable connection charges and fees so that growth can finance required system expansions. The 2004 Wastewater Facility Plan presents a historical and projected budget for the City of Yakima Wastewater Utility. This simplified budget overview is intended to provide order of magnitude costs and assist the City in its on-going decision making, project prioritization and budgeting. More detailed consideration of available funds and revenue requirements occurs bi-annually in the City's established rate review and cost-of-service analysis and periodic review and adjustment of connections charges. As discussed previously the 2003 bond issue provides a significant source of revenue ($10,000,000) for immediate improvements to the wastewater treatment plant. The overall cost of this first phase of (0-6 yr) priority projects is estimated to be $13,796,000. Another $4,000,000 is needed to fund this work through 2008. The Wastewater Division can apply now for a $4,000,000 low interest loan from the Public Works Trust Fund, PWTF, in May 2005, and make debt payments without raising rates. The Table titled Wastewater System Debt Service shows our existing debt service and coverage along with projected future loans. The new loans would not add to our debt coverage, only to our debt service, and in 2008, 2011, 2013, and 2015 existing loans and bonds will be paid for. With the addition of the three project loans (shown on Table 3-3) our obligation to these debts will only increase by approximately $200,000/yr. for three years, which can be covered without raising rates, and then will decrease over the life of these loans. 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"' ` 3 w'� e • `+a .. • {Q'qfe,lP, it} r"" Rf.,,..i'''€ 6 a i } .< 1 �Y'Ti+�.. }�,,; i*, . i. •'i.�+:,i. 4.7::, - ..meg£ .'f{ W r,* :§::y, i '" 4 r:3 j�� r;�}s } SAv �[ NT d f}_�?.•ktl • #Y}♦• � h �Ett'. y 5 f� �, t4H .' � .: f'. .: .,{• i +�4 "4 E4 �9":.r t”&. �fitQ r 1}` X �i .'4. ,f,( r`t,'� ¢��, °it, "v{�,� r'li k£Y SH. tl ,� '1� f'4'f :,r +,1• t 1 }�.. ^'' S^ �' St"T �4 •etF iS+'[' '. +t�t'a, - }.,u � 1r �.'.- y�s,. j .9. "re �i a+E-�F ti p.n F ,.k 9 � }?{ '{ 9t.Rp?�A• kjj{€.�i j4' �.w. �'Y , y° . �'i �`t .^� t,.}�.Y. �. ��,t�a r r �' "wi •� P ; • k �'y ., ida�dd' €i f55 . I ",,}}� .ppi�a 9j'75P';. £ 3a Q S ie•�� N h� � t #' fi Qt ��� .. q. 4 ! •' +..-a Ft... {,I '4 1 , I •. ti .. �: �€£ ''.. c- x yy$({a �iy..r i t" � } k{'k :t �{y0p,. � '. /��a r" ti � d?i " rti� ti.Kq.{f t��?{...`•1{.9 T. �Sa�r.... Sok �n �t� i.�^•§i; a .$;' -. y }�. i , _. �},� • •.'E Qi 1 y'F. 1 -.�, � , }�, .1 .A '�f.). wW+, 35.00% 30.00% 25.00% cu ca ca v 20.00% c c e 15.00% ti 0. 10.00% 5.00% 0.00% Ave. Chemical Cost Increases from 2002 YR. 2002 YR. 2003 YR. 2004 YR. 2005 YR. 2006 YR. 2007 Applicable Statutes Clean Water Act (PL 92-500; 33 U.S.C. 1251 et seq.) Safe Drinking Water Act (PL 93-523; 42 U.S.C. 300f -j-26) Clean Water Act, as amended (PL 92-500; 33 U.S.C. 1251 et seq. ) Purpose Also known as the Federal Water Pollution Control Act, it is the objective of the Clean Water Act (CWA) "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters". Seven goals and policies are declared in order to meet this objective. One goal was to reach zero discharge of pollutants by 1985. Others include providing funding for the construction of publicly owned treatment works (POTWs), creating a nonpoint source pollution program, and generally, and making the waters of the U.S. "fishable and swimmable". Although not specifically stated in this declaration, the CWA contains the nation's most noteworthy wetlands legislation. Major Provisions by Section 201-209 (33 U.S.C. 1281-1289)- Grants for construction of treatment works These sections originally provided federal grants for the construction of wastewater treatment plants. The program has been phased out by the 1987 amendments in favor of a revolving loan fund. 301 (33 U.S.C. 1311)- Effluent limitations The discharge of any pollutant into the nation's waters except for discharges in compliance with the CWA is prohibited, according to this section. Limitations are placed on existing sources which vary according to the nature of the pollutant discharged and to where the outfall is directed. 302 (33 U.S.C. 1312)- Water quality related effluent limitations Point sources which interfere with the attainment or maintenance of desired water quality are subject to the imposition of more stringent effluent limitations. 303 (33 U.S.C. 1313)- Water quality standards and implementation plans Water quality -based regulatory controls on dischargers known as Water Quality Standards (WQS) are required by states to protect designated uses of water bodies. Technological capability is not a consideration in setting WQS. 304 (33 U.S.C. 1314)- Information and guidelines This section requires the EPA to develop water quality criteria and guidelines for effluent limitations, pretreatment programs, and administration of the National Pollutant Discharge Elimination System (NPDES) program. 306 (33 U.S.C. 1316)- National standards of performance A list of categories of effluent sources is presented which specifies that each of the industries listed must conform to technology-based new source performance standards. The standards are to demonstrate the best demonstrated control technology. 307 (33 U.S.C. 1317)- Toxic and pretreatment effluent standards This requires that industries discharging toxic pollutants meet effluent limits that employ the best available technology economically achievable. Part (b) mandates the establishment of pretreatment standards while part {c} looks at new sources of pollutants into publicly owned treatment works (POTWs). 309 (33 U.S.C. 1319)- Enforcement Enforcement by the states, as well as compliance orders, and administrative, civil, and criminal penalties are authorized. 311 (33 U.S.C. 1321)- Oil and hazardous substance liability The Congressional declaration of policy against discharges of oil or hazardous substances in harmful quantities into waters and adjoining shorelines is presented. A spill prevention, control, and countermeasure plan is to be developed by all facilities that handle, transport, and store oil. Any spill or discharge of a harmful quantity of oil must be reported to the National Response Center. Strict liability is assigned to owners or operators of facilities from which oil discharges occur. 319 (33 U.S.C. 1329)- Nonpoint source management programs This section requires that states identify waters that are not able to meet WQS because of nonpoint sources. The activities responsible for the pollution are to be identified and a management plan is to be created to help correct the nonpoint source problem 401 (33 U.S.C. 1341)- Certification Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge will originate. 402 (33 U.S.C. 1342)- National pollutant discharge elimination system One of the most critical parts of the CWA is the establishment of the National Pollutant Discharge Elimination System which translates standards into enforceable limitations. This program may be administered by the EPA or states under EPA -delegated authority. After an opportunity for public hearing, a permit may be issued for the point source discharge of any pollutant, or combination of pollutants. 404 (33 U.S.C. 1344)- Permits for dredged or fill material This is the major wetlands provision of the CWA, and largely, in environmental law. The basic gist of this section is that a permit is required from the U.S. Army Corps of Engineers for the disposal of dredged or filled materials into navigable waters , notably wetlands, with EPA concurrence, and notice and opportunity for public hearings. 505 (33 U.S.C. 1365)- Citizen suits Any citizen is given the right to file suit against any person in violation of an effluent standard or against EPA for failure to perform nondiscretionary duties. Pertinent Regulations • 33 CFR Part 320- General Regulatory Policies, Army Corps of Engineers The Corps issues permits under several different acts, the CWA being only one of them_ The Corps must issue permits for discharges to insure that they comply with the applicable limitations and WQS. Section 320.4 describes the general policies that the Corps will follow in reviewing all Department of the Army permits. Such permits are to consider public interest, effect on wetlands, fish and wildlife, water quality, property ownership, energy conservation, navigation, environmental benefits, and economics, among other things. The pertains particularly to dredge and fill permits covered under 404 of the CWA. • 33 CFR Part 323, Permits for Discharges of Dredged or Fill Material into Waters of the United States, Army Corps of Engineers Contains defmitions and special policies, practices and procedures to be followed by the Corps in connection with review of permit applications for the discharge of dredged or fill materials under 404 of CWA. Permits issued under 404 are required for the discharge of dredged or fill materials not exempted by 323.4 of this part or permitted by 33 CFR Part 330. Please refer to 323.4 for a detailed listing of exemptions. • 33 CFR Part 325- Processing of Department of the Army Permits, Army Corps of Engineers Contains general processing procedures for all Department of the Army permits. Attention is given to dredge and fill activities in 325.1(d)(3) & (4). Federal agencies that initiate or authorize proposed actions that include dredge or fill discharge operations must ensure that the appropriate permits are obtained. In states with approved programs, permit application is done through the appropriate State agency. • 40 CFR Part 110- Discharge of Oil, EPA This section reiterates the mandate of 311(b)(3) of the CWA. It generally prohibits the discharge of oil into navigable waters in such quantities as may be harmful. • 40 CFR Part 112 - Oil Pollution Prevention, EPA This requires that owners or operators of non -transportation related onshore and offshore facilities engaged in any type of oil and gas operation prepare a Spill Prevention Control and Countermeasure Plan, and provide guidelines for preparation of the plan. Such a plan may be required of an applicant for USGS approval of any oil and gas activities. • 40 CFR Part 122 - EPA Administered Permit Programs: The National Discharge Elimination System, EPA Contains definitions and basic permitting requirements for EPA -administered NPDES programs under 318, 402, and 405 of the CWA. Permit applications and special NPDES program requirements are discussed in Subpart B. This is followed by permit conditions in subpart C. Subpart D covers the transfer, modification, revocation and reissuance, and termination of permits. Federal agencies that initiate or authorize proposed actions that include point source operations must ensure that the appropriate permits are obtained. In states with approved programs, permit application is done through the appropriate State agency. • 40 CFR Part 123 - State Program Requirements, EPA Describes the general requirements and additional requirements for states and the EPA to obtain and give approval, revision, and withdrawal of state NPDES programs. State program information shall be made available to EPA upon request. EPA also has the right to review proposed general permits for 90 days. • 40 CFR Part 125 - Criteria and Standards for the National Pollutant Discharge Elimination System, EPA This section prescribes criteria and standards for various requirements imposed as conditions for NPDES permit approval. Some of the criteria expanded upon are those presented for the imposition of technology-based treatment requirements in permits as given under 301(b) and 402(a)(1), those for modifying secondary treatment requirements under 301(h), those for Best Management Practices authorized under 304(e), and those applying to ocean dumping, in Subparts A, G, K, & M, respectively. • 40 CFR Part 129 - Toxic Pollutant Effluent Standards, EPA This section designates toxic pollutant effluent standards and applies to owners or operators of specified facilities discharging into navigable waters. Section 129.4 listed the pollutants to be regulated. Each owner/operator is given 60 days to notify the Regional Administrator of any listed pollutant that is discharged. Much of the regulation gives specific information on each of the toxic pollutants. • 40 CFR Part 130 - Water Quality Nanning and Management, EPA Section 303 of the CWA gives the authority for promulgation of water quality standards (WQS) by states. Here, policies are established for water quality planning, management, and implementations of 303. The Water Quality Management process from the CWA provides the authority for a "consistent national approach for maintaining, improving and protecting water quality while allowing States to implement the most effective individual programs". After WQS are set by each state, implementation of the standards may be achieved by issuing permits, building publicly -owned treatment works, or instituting Best Management Practices (BMP) through a water quality management plan. Total maximum daily loads (TMDL) and individual water quality -based effluent limitations are discussed in 130.7. States are required to submit water quality reports to the Regional Administrator in accordance with 305(b) of the CWA ( 130.8). Final points of the regulation cover state submittals to EPA and program management. • 40 CFR Part 131 - Water Quality Standards, EPA While Part 130 of this title works with water quality management, this section deals with water quality standards (WQS). It is stated that a WQS defines the water quality goals of a water body by designating the uses to be made of the water and by setting criteria necessary to protect the uses. WQS should be set to provide for the protection of fish, shellfish, wildlife, water recreation, and the use and value of public water supplies, agricultural, industrial, and other purposes. The procedures are presented for developing, reviewing, revising and approving WQS by the states and EPA. In 131.12, states are ordered to develop statewide antidegradation policies. WQS shall be reviews at least every three years by the states. • 40 CFR Part 230 - Section 404 (b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material, EPA These guidelines were written to restore and maintain the chemical, physical, and biological integrity of the U.S. through the control of discharges of dredged or fill material, with the guiding principle that degradation of sites may represent an irreversible loss of valuable aquatic resources. In Subpart B, it is stated that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem". The permitting authority must determine the potential effects of dredging or filling activities on the components of the aquatic environment. • 40 CFR Part 231 -Section 404(c) Procedures, EPA Contains procedures for EPA in exercising its authority to veto the specification by the Army Corps of Engineers or by a State of a disposal site for a 404 permit. • 40 CFR Parts 401-471- Effluent Guidelines and Standards, EPA Prescribes effluent limitations and pretreatment and performance standards, categorized by industries, that must be complied with as conditions for NPDES permit approval. Part 401 gives general provisions and Part 403 covers general pretreatment regulations for existing and new pollution sources. The remaining parts are industry -specific. Of particular interest to the USGS are: 40 CFR Part 434- Coal Mining Point Source Category 40 CFR Part 435- Offshore Segment of the Oil and Gas Extraction Point Source Category 40 CFR Part 436- Mineral Mining and Processing Point Source Category 40 CFR Part 440- Ore Mining and Dressing Point Source Category • 518 DM 1- Comprehensive Waste Management, Department of the Interior This chapter defines waste to include solid and hazardous waste, hazardous materials, and hazardous substances. Departmental policies, responsibilities, and functions regarding waste management are presented, with an aim towards prevention of hazardous waste generation. The use of sound waste management practices is mandated. Safe Drinking Water Act (PL 93-523; 42 U.S.C. 300f - j- 10) Purpose In 1974, the Safe Drinking Water Act (SDWA) was enacted with the general intent to protect the quality of drinking water the public receives from public water systems . To accomplish this, the SDWA focuses on two approaches. The first is to assure the quality of drinking water coming from the tap. The other approach is to prevent the contamination of groundwater that may be a source for drinking water. Major Provisions by Section 4 1412 (42 U.S.C. 300g-1)- National drinking water regulations The EPA is required to promulgate national drinking water regulations, known as Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs) for public water systems. These standards specify minimum levels of drinking water quality and are to be issued for any contaminant that is known or anticipated to have any adverse effect on health. 4 1413 (42 U.S.C. 300g-�►2 - State primary enforcement responsibility; regulations; notice of hearing; publication in Federal Register; applications States are given the authorization to assume primary enforcement of the Act. & 1415-1416 (42 U.S.C. 300g-4 & 5)- Variances - Exemptions The conditions are offered in which states may issue variances and exemptions. 1417 (42 U.S.C. 300g-6)- Prohibition on use of lead pipes, solder, or flux. Any use of lead in pipes, solder, or flux in public water systems where the water is intended for human consumption is prohibited. $ 1422 (42 U.S.C. 300h-1)- State primary enforcement responsibility This section requires the establishment of state underground injection control programs so as to protect current and potential underground sources of drinking water from contamination. $ 1424 (42 U.S.C. 300h-3)- Interim regulation of underground injections. This declares that Federal agencies shall make no commitment of Federal assistance to actions that will contaminate an aquifer designated as the sole or principal drinking -water source for an area which, if contaminated, would create a significant hazard to the public health. $ 1428 (42 U.S.C. 300h-7)- State programs to establish wellhead protection area. States are given the authority to develop wellhead protection programs that address the kinds of activities that might be conducted in proximity to wells, particularly seeking to limit activities that might pose threats to the well fields. 1431 (42 U.S.C. 300i)- Emergency powers. If there is an imminent and substantial endangerment to public health through drinking water, EPA is given emergency powers to act against contamination. 4 1445 (42 U.S.C. 300i-4)- Records and inspection. The EPA is to promulgate regulations requiring drinking water monitoring. This section also mandates that EPA establish record keeping requirements. 4 1448 (42 U.S.C. 300i-7)- Judicial review. The D.C. Circuit is given the jurisdiction of judicial review of national primary drinking water regulations. The U.C. Courts of Appeal are given jurisdiction for any other EPA action when the petitioner resides or transacts business in that particular region. 4 1449 (42 U.S.C. 300j-8)- Citizen's civil action. This section gives citizens the right to file suit to enforce any mandatory provisions of the SDWA. Part F- Additional Requirements to Regulate the Safety of Drinking Water 1461-1465 (42 U.S.C. 300j-21 to 26) These particular sections codify the Lead Contamination Act of 1988. This requires that any lead -lined tanks of drinking water coolers be recalled. Pertinent Regulations • 40 CFR Part 141- National Primary Drinking Water Regulations, EPA. One of the most significant provisions of the SDWA is the establishment of National Primary Drinking Water Regulations. The regulations are given life here, with the establishment of maximum contaminant levels (MCLs) for inorganic and organic constituents, Subpart B and maximum contaminant level goals (MCLGs), Subpart F. Much attention is given to the monitoring and analytical requirements for the regulated water quality parameters, Subpart C. Filtration and disinfection are given much the same kind of thorough treatment. Also included are sections covering control of lead and copper, muse of non -centralized treatment devices and treatment techniques. • 40 CFR Part 142- National Primary Drinking Water Regulations Implementation, EPA. With only a few exceptions, this part applies to the public water system in each state. States are given primary enforcement responsibility, given that the state has an EPA -approved program. If a state wishes to revise its program, it may do so if it follows the requirements given in 142.12. All states with enforcement responsibility are required to submit to the EPA Administrator a report containing various components dealing with national primary drinking water regulations. Variances and exemptions to the primary regulations may be granted by either the states of the Administrator. Another section (142.60) discusses best available technologies for a list of contaminants as they pertain to national primary drinking water regulations. • 40 CFR Part 143- National Secondary Drinking Water Regulations, EPA. While Part 141 of this title is concerned with primary drinking water regulations, this part deals with national secondary drinking water regulations. Secondary regulations control contaminants that primarily affect the aesthetic qualities of drinking water. Levels are given for selected contaminants and it is explained that states may establish higher or lower levels depending on special conditions with that state, given that public health and welfare are not adversely affected. Section 143.4 gives monitoring requirements, stating that monitoring should occur no less frequently than the schedule used for the National Interim Primary Drinking Water Regulations. • 40 CFR Part 144- Underground Injection Control Program, EPA. This regulation stems from Part C of the SDWA which allows for the establishment of an Underground Injection Control (UIC) program in each state. General program requirements are given in Subpart B. These requirements address prohibition of unauthorized injection, prohibition of movement of fluid into underground sources of drinking water, prohibition of Class IV wells and requirements for wells injecting hazardous waste. In 144.16 of this subpart, direction is given for cases when injection does not occur into, through, or above an underground source of drinking water. Subpart C takes a look at authorization of underground injection by rule where each class of wells is given particular authorization requirements. Authorization is also available by permit, and this is the topic of Subpart D. Going hand-in-hand with Subpart D is Subpart E, which discusses permit conditions. Finally, in Subpart F, financial responsibility for hazardous waste injection wells is described. • 40 CFR Part 146- Underground Injection Control Program: Criteria and Standards, EPA. By working closely with Part 144 of this title, this part sets forth the technical criteria and standards for the Underground Injection Control Programs. Criteria are given for exempted aquifers, which include aquifers used as an "underground source of drinking water". Injection wells are then classified as Class I -V, based on the material injected. The following subparts (B- G) then outline, in detail, the criteria for each class of injection wells. • 40 CFR Part 149- Sole Source Aquifers, EPA. Pursuant to 1427 of the SDWA, this regulation was written to provide criteria for identifying critical aquifer protection areas. Section 149.3 refers to a Critical Aquifer Protection Area as one which was designated as a sole or principal source aquifer prior to June 19, 1986 for which an area wide ground -water quality protection plan was approved. The second definition entails major recharge areas of a sole or principal source aquifer designated before June 19, 1988. Edwards Underground Reservoir, of the San Antonio area, is given attention in Subpart 13. • Environmental Statement Memorandum No. ESM94-5- Environmental Impacts on Groundwater, Department of Interior. Implements CEQ memorandum issued on November 19, 1976, concerning 1424(e) of the Safe Drinking Water Act. EISs will analyze impacts on the quantity and quality of ground water with specific emphasis on drinking -water sources. For proposed actions which may affect ground water, early consultation is to be initiated with the appropriate District Hydrologist, Water Resources Division (WRD). If it is possible that the proposed action may affect an aquifer which has been designated or is being petitioned for designation for special protection, early consultation should be initiated with the Regional EPA Administrator. • 516 DM 2 Appendix 2 (2.2), Department of Interior. Environmental documents (EA, EIS, FONSI) must be prepared for actions which may adversely affect such unique geographic characteristics as sole or principal source drinking -water aquifers. • 518 DM 1- Comprehensive Waste Management, Department of the Interior. This chapter defines waste to include solid and hazardous waste, hazardous materials, and hazardous substances. Departmental policies, responsibilities, and functions regarding waste management are presented, with an aim towards prevention of hazardous waste generation. The use of sound waste management practices is mandated. Definitions Best Management Practices (BMP) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "waters of the United States". (40 CFR Part 122.2) Contaminant - any physical, chemical, biological, or radiological substance or matter in water.(SDWA, 1401(6)) Discharge of a pollutant - any addition of any pollutant to navigable waters from any point source. (CWA, 502(12)(A)) Exemption - a document for water systems having technical and fmancial difficulty meeting national primary drinking water regulations effective for one year granted by EPA "due to compelling factors". Maximum Contaminant Level (MCL) - the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. (SDWA, 1401(3)) Maximum Contaminant Level Goal (MCLG)- the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. National Pollutant Discharge Elimination System (NPDES)- the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. (40 CFR Part 122.2) Navigable waters - waters of the United States, including the territorial seas. (CWA, 502(7)) Person - an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a State, or any interstate body. (CWA, 502(5)) Point source - any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture. (CWA, 502(14)) Pollutant - dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean: (a) sewage from vessels; or (b) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water sources. (CWA, 502(6)) Public water system- a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. (SDWA, 1401(4)) Publicly owned treatment works (POTW)- any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality". This defmition includes sewer, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. (40 CFR Part 122.2) Recharge zone - the area through which water enters a sole or principal source aquifer. Significant hazard to public health - any level of contaminant which causes or may cause the aquifer to exceed any maximum contaminant level set forth in any promulgated National Primary Drinking Water Standard at any point where the water may be used for drinking purposes or which may otherwise adversely affect the health of persons, or which may require a public water system to install additional treatment to prevent such adverse effect. Sole or principal source aquifer - an aquifer which supplies 50 percent or more of the drinking water for an area. Streamflow source zone - the upstream headwaters area which drains into an aquifer recharge zone. Toxic pollutants - those pollutants...which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism...,will, on the basis of the information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions or physical deformations, in such organisms or their offspring. (CWA, 502(13)) Variance - a document for water systems having technical and fmancial difficulty meeting national primary drinking water regulations which postpones compliance when the issuing of which "will not result in an unreasonable risk to health". Waters of the United States - a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; b) all interstate waters, including interstate "wetlands"; c) all other waters such as interstate lakes, rivers, streams..., mudflats, sandflats, "wetlands", sloughs, prarie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect...interstate or foreign commerce...(40 CFR Part 122.2) Wetlands - those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support...a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (40 CFR Part 122.2) Applicable Actions Clean Water Act NPDES permits are required for the discharge of pollutants from any point source into waters of the U.S. [40 CFR 122.51(c)] Section 404 permits are required for the discharge of dredged or fill material into waters of the U.S. (33 CFR 323.3) Safe Drinking Water Act Any action which may result in degradation of groundwater quality and/or pose a hazard to public health. Summary of Implementation Procedures Clean Water Act The procedures for determination of potential water quality impact from USGS activities and the need for various permits are extremely complicated and require close coordination with the Environmental Affairs Office, USGS, with regional offices of the EPA and the Army Corps of Engineers, and with state water pollution control agencies. Safe Drinking Water Act (Consult ESM 94-5 for details) 1. In all cases where a project may involve ground water, one or more aquifers, or a recharge area, consultation with the appropriate District Hydrologist, WRD, should be initiated early in the planning stages. 2. Where a project may have any possibility of direct or indirect contamination of a sole or principal source aquifer, a recharge zone for such an aquifer, or a related streamflow source zone that has been designated or for which a petition for designation is being processed, early consultation should be initiated with the Regional Administrator, EPA. 3. If a project -related ground water impact is possible, an environmental assessment should be prepared. If an EIS is to be prepared, a copy of the Notice of Intent should be sent to the appropriate EPA Regional Administrator and he/she should review the draft EIS. 4. Final plans for projects having a potential for adverse impacts should incorporate appropriate mitigation measures. Applicable Statutes Estuary Protection Act (PL 90-454; 16 U.S.C. 1221-1226) Wild and Scenic Rivers Act of 1968 (PL 90-542; 16 U.S.C. 1271-1287) National Marine Sanctuaries Act (PL 92-532; 16 U.S.C. 1431-1445a) Coastal Zone Management Act of 1972, as amended (PL 92-583; 16 U.S.C. 1451 et seq.) Marine Protection, Research, and Sanctuaries Act of 1972 (PL 92-532; 33 U.S.C. 1401-1445) Outer Continental Shelf Lands Act, as amended (PL 95-372; 43 U.S.C. 1331- 1356) Clean Water Act (section 404) (PL 92-500; 33 U.S.C. 1251 et seq.) (under water quality page) Various Executive Orders Estuary Protection Act (PL 90-454; 161 J.S.C. 1221- 1226) Purpose Congress intended the Estuary Protection Act to strike a balance between the national need of conserving the beauty of the nation s estuaries and the need to develop these estuaries to further growth and development. States are given much of the responsibility of protecting, conserving, and restoring estuary areas. Major Provisions by Section $ 2 (16 U.S.C. 1223)- General study and inventory of estuaries and their natural resources The Secretary of the Interior is authorized, in cooperation with the States, to conduct an inventory and study of the Nation's estuaries. The study shall consider environmental and economic values and shall focus attention on whether any land or water area within an estuary should be acquired or administered by the Secretary or by a State or local subdivision. 4 3 (16 U.S.C. 1224)- Agreements with States and subdivisions; equitable sharing of costs; development improvements; availability of appropriations; State hunting and fishing laws applicable The Secretary of the Interior may enter into an agreement with any State or local government for permanent management, development, and administration of estuary area that government owns. 4 4 (16 U.S.C. 1225)- Commercial and industrial development considerations; reports to Congress; recommendations All Federal agencies shall give consideration to estuaries in planning for the use or development of water resources. This includes their importance for commercial and industrial developments. All project plans and reports affecting such estuaries shall contain a discussion by the Secretary of Interior on the effects of the project and the Secretary's recommendations. Wild and Scenic Rivers Act of 1968 (PL 90-542; 16 U.S.C. 1271-1287) Purpose The Wild and Scenic Rivers Act provides for the preservation of selected rivers due to their remarkable scenic, recreational, geologic, fish and wildlife, historic, or cultural values. The free-flowing state of rivers, and their adjacent lands, is intended to be protected for the benefit and enjoyment of present and future generations. The Act institutes a National Wild and Scenic River System, designates the components of that System, and prescribes the methods by which additional components might be added to the System in order to carry out this goal. Major Provisions by Section & 2 (16 U.S.C. 1273)- Composition; application; publication in Federal Register; expense; administration of federally owned lands Establishes the National Wild and Scenic Rivers System, with areas to be classified as wild , scenic , or recreational . § 3 (16 U.S.C. 1274)- Component rivers and adjacent lands Designates specific rivers and adjacent lands included in the National Wild and Scenic Rivers System. 7 (16 U.S.C. 1278)- Restrictions on Water Resources Projects Components of the National and Wild Scenic Rivers System are protected to remain free-flowing, scenic, and/or natural. No Federal agency shall recommend authorization of any water resources project or shall financially assist in such project that would have a direct and adverse effect on the values for which the river was designated in the National Wild and Scenic River System. & 9 (16 U.S.C. 1280)- Federal mining and mineral leasing laws Mining regualtions shall provide safeguards against pollution of System rivers or potential System additions and unnecessary impairment of the System s scenery. Pertinent Regulations • 36 CFR Part 297- Wild and Scenic Rivers, Forest Service Any Federally assisted water resources project on any part of a Wild and Scenic River must be approved by the Secretary of Agriculture before any license, permit, or other authorization may be issued. Federal agencies must provide a notice of intent to issue licenses or permits no less than 60 days prior to a project date to the Chief, Forest Service, U.S. Department of Agriculture , P.O. Box 2417, Washington, DC 20013. A license/permit shall be granted if the project will not have an adverse effect on the values for which a Wild and Scenic River was designated. The effects of a proposed project shall be in compliance with NEPA mainly by giving special attention to the environmental effects on the resources protected by the Wild and Scenic Rivers Act. • 43 CFR Part 8351- Designated National Area, Bureau of Land Management Reiterates that Wild and Scenic Rivers shall be managed to protect the natural, cultural, or historical features that make the river oustanding. Lands and water administered by the Bureau of Land Management may see closed or restricted uses if an authorized officer issues a written order addressing any component of the Wild and Scenic Rivers Act. • Environmental Statement Memorandum No. ESM 94-6- Nationwide Inventory of Potential Wild and Scenic Rivers, DOI Adopts for Departmental use the CEQ's procedures for interagency consultation in order to avoid or mitigate adverse effects on rivers in the Nationwide Rivers Inventory (NRI) . Appendix I of the memorandum contains the Guide for Identifying Potential Adverse Effects and Appendix II includes the Presidential Memorandum, dated August 2, 1979. • 516 DM 2 Appendix 2(2.2), DOI Environmental documents (EA, EIS, FONSI) must be prepared for actions which may adversely affect such unique geographic characteristics as wild and scenic rivers. • Presidential Memorandum for the Heads of Departments and Agencies, August 2, 1979 Underscores the need to strengthen the System by directing Federal agencies to set an example of sound management for State, local and private landowners by taking an aggressive role in protecting Wild and Scenic Rivers which flow through public lands this includes all rivers and segments listed in the (NRI) . National Marine Sanctuaries Act (PL 92-532; 161 J.S.C. 1431-1445a) Special Note The National Marine Sanctauries Act is really part of the Marine Protection, Research and Sanctuaries Act. It is often referred to as Title III of the MPRSA. Purpose Congress promulgated the National Marine Sanctuaries Act to designate marine areas of special national significance as national marine sanctuaries and to provide for the conservation and management of these areas. The Act was also written to support research of the resources of designated marine sanctuaries. Major Provisions by Section (16 U.S.C. 1433)- Sanctuary designation standards The Secretary of Commerce may designate national marine sanctuaries based on a number of ecological and practical factors, given here. (16 U.S.C. 1434)- Procedures for designation and implementation This section explains how to move a proposed marine sanctuary site through the appropriate notice requirements, EIS preparation, and other procedures, finally culminating with publication in the Federal Register. (16 U.S.C. 1440)- Research, monitoring, and education In order to fulfill the marine sanctuaries conservation and management purposes of the Act, the Secretary of Commerce will take action in order to promote sanctuary research, monitoring, and education programs. Pertinent Regulations 15 CFR Part 922- National Marine Sanctuary Program Regulation, National Oceanic and Atmospheric Administration Prescribes procedures to nominate and designate marine sanctuaries, establish appropriate management systems within designated sanctuaries and enforce compliance with these management systems. The policy and objective are to identify and preserve distinctive areas for their conservation, recreational, ecological, or esthetic values. The primary emphasis is on protection of biological and natural resources. Each marine sanctuary has specific regulations that detail the purpose for designation, the boundaries, definitions, allowed and prohibited activities, and procedures for permitting specific activities. Sanctuaries listed in other parts include: 15 CFR Part 929- Key Largo Marine Sanctuary 15 CFR Part 937- Looe Key National Marine Sanctuary Coastal Zone Management Act of 1972, as amended (PL 92-583; 16 U.B.C. 1451 et seq.) Purpose To preserve, protect, develop, and restore or enhance the coastal zone, the Coastal Zone Management Act (CZMA) encourages states to implement coastal zone management programs by both authorizing suspension of its allocated federal funding when a coastal state fails to adhere to its management program and by mandating that federal activities in any states coastal zone be consistent with the states plan. Another intention of the act is to respond to changing circumstances of coastal environments. Nonpoint sources of coastal water pollution are targeted by the amendments of 1990. Major Provisions by Section 303 (16 U.S.C. 1452)- Congressional declaration of policy Along with the basic policies of the Act, this section requires that state coastal planning must balance economic development against environmental protection. & 306 (16 U.S.C. 1455)- Administrative grants States that receive approval by the Department of Commerce to implement a coastal management program are eligible to receive grants from the Commerce Secretary. Requirements for the approval of state management programs are also given. (16 U.S.C. 1455b)- Protecting coastal waters Each state with an approved coastal management program must submit a Coastal Nonpoint Pollution Control Program that includes management measures for nonpoint source pollution to restore and protect coastal waters. ( 307 (16 U.S.C. 1456)- Coordination and cooperation Federal agencies are required to comply with applicable consistency provisions contained in the approved State program. § 312 (16 U.S.C. 1458)- Review of performance A provision is given for federal funding to be withdrawn if a state fails to adhere to its management program. 315 (16 U.S.C. 1461)- National Estuarine Research Reserve System A National Estuarine Research Reserve System, complete with its own grant mechanism, is established to acquire, develop, and operate estuarine sanctuaries designated as national estuarine reserves. Pertinent Regulations • 15 CFR Part 921- National Estuarine Reserve Research System Regulations, National Oceanic and Atmospheric Administration Implements the Estuarine Sanctuaries Program to represent the various regions and estuarine types in the U.S. through the National Estuarine Research Reserve System. Part (d) of 921.1 states the limitations for habitat manipulation for research purposes. Further sections provide definitions, the biogeographic classification scheme which is based on regional variations in the Nation's coastal zones, procedures for State application for acquisition, development, and operation grants, and criteria for selection of sanctuaries. • 15 CFR Part 923- Coastal Zone management Program Development and Approval Regulations, National Oceanic and Atmospheric Administration This part provides the requirements for state coastal management program approval, as well as grant application procedures for program development. States must develop a management program which identifies and evaluates coastal resources. Subpart B concerns specific water uses that are subject to the terms of the management program. Special management area follow in Subpart C, while boundaries are discussed in D. Later, in Subpart H, procedures for state program review and approval are given. • 15 CFR Part 930- Federal Consistency with Approved Coastal Management Programs, National Oceanic and Atmospheric Administration Describes, in detail, the Federal consistency provisions of the CZMA. Provides the ground rules and specific procedures which must be followed by all State program agencies implementing approved coastal management programs and all Federal agencies affected by such programs in matters relating to consistency. • 702 DM 1.1-1.8, Coastal Zone Management, DOI Establishes Departmental policy, procedures and responsibilities for participating in the development, review and implementation of, and consistency with State coastal management programs under the CZMA. Marine Protection, Research, and Sanctuaries Act of. 1972 (PL 92-532; 331 J.S.C. 1401-1445) Special Note Title III of this act and subsequent reauthorization is commonly referred to as the National Marine Sanctuaries Act. Title III is therefore covered under the section for the National Marine Sanctuaries Act. Purpose Also known as the Ocean Dumping Act, the Marine Protection, Research and Sanctuaries Act (MPRSA) was enacted to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment , ecologicalsystems, or economic potentialities . Major Provisions by Section 4 101 (331 J.S.C. 1411)- Prohibited acts Because of this section, it is unlawful for any person to transport in or out of the United States any material for the purpose of dumping it into ocean waters. § 102 (33 U.S.C. 1412)- Dumping permit program This section allows permits to be issued by the EPA Administrator for dumping material into ocean waters when the dumping will not unreasonably degrade or endanger human health, welfare, the environment, or economic potentialities. 103 (33 U.S.C. 1413)- Dumping permit program for dredged material Similar to § 102, this section authorizes the Secretary of the Army to issue permits for the transportation of dredged material for the purpose of disposal in the ocean where it is determined that the disposal will not unreasonably degrade human health, the environment, or economic potentialities. Pertinent Regulations • 33 CFR Part 320- General Regulatory Policies, Army Corps of Engineers The Corps issues permits under several different acts, the Marine Protection, Research and Sanctuaries Act being only one of them. The Secretary of the Army, through the Corps, may issue permits for transportation of dredged material when no adverse impacts to heath or the environment are expected. Section 320.4 describes the general policies that the Corps will follow in reviewing all Department of the Army permits. Such permits are to consider public interest, effect on wetlands, fish and wildlife, water quality, property ownership, energy conservation, navigation, environmental benefits, and economics, among other things. The pertains particularly to permits covered under § 103 of the Act. • 33 CFR Part 324- Permits for Ocean Dumping of Dredged Material, Army Corps of Engineers This part applies to activities of Federal agencies in relation to special policies that the Corps must follow for the review of permits for the transport and dumping of dredged materials into ocean waters. Focused attention should be given to § 324.3(b). Here, it states, "Federal agencies are not required to obtain and provide certification of compliance with effluent limitations and water quality standards from state or interstate water pollution control agencies in connection with activities involving the transport of dredged material for dumping into ocean waters beyond the territorial sea." • 33 CFR Part 325- Processing of Department of the Army Permits, Army Corps of Engineers Contains general processing procedures for all Department of the Army permits. Attention is given to transportation of dredged materials in § 325.1(d)(4). Federal agencies that initiate or authorize proposed actions that include transportation of dredged materials must ensure that the appropriate permits are obtained. In states with approved programs, permit application is done through the appropriate state agency. • 40 CFR Part 220- General, EPA Part 220 of Title 40 is the introduction to subchapter H which outlines the procedures and criteria for permit distribution by EPA pursuant to § 102 of the Act. It also address § 103 procedures to be followed by the Army Corps of Engineers. Other than when provided in those sections, it is unlawful to transport -any material for the purpose of dumping into ocean waters . Section 220.3 gives the categories of permits available under § 102 of the Act. These include general, special, emergency, interim, research, and incineration permits. The final section (220.4) presents the various authorities to issue permits, such as the EPA Administrator and states with applicable jurisdiction. • 40 CFR Part 221- Applications for Ocean Dumping Permits under Section § 102 of the Act, EPA The specific application procedures under § 102 of the Act are given. Applications must be filed with the EPA Administrator or a Regional Administrator. Any person may apply for a permit under subchapter H of this title. • 40 CFR Part 223 - Contents of Permits; Revision, Revocation or Limitation of Ocean Dumping Permits under Section 104(d) of the Act, EPA Specifications are given for the exact contents of special, interim, emergency, general and research permits as required under § 102 of the MPRSA. Revision procedures for such permits are also presented. • 40 CFR Part 227- Criteria for the Evaluation of Permit Applications for Ocean Dumping of Materials, EPA Along with 40 CFR Part 228, this regulation comprises the criteria established pursuant to § 102 of the Act. The decision to issue or deny a permit and to impose special conditions on,any permit will be based on an evaluation of the permit application in accordance to the criteria set forth here. Subpart B provides the real guts of this part by examining environmental impact. First, criteria for evaluating environmental impact are given, followed by prohibited materials, constituents prohibited as other than trace contaminants, limits established for specific wastes, limitations in the disposal rates of toxic wastes, limitations on quantities of waste materials, hazards to fishing, navigation, shorelines or beaches, containerized wastes, insoluble wastes, and dredged materials. • 40 CFR Part 228- Criteria for the Management of Disposal Sites for Ocean Dumping, EPA Working closely with Part 227, this part relates to decisions to issue or deny a permit based on the requirements for effective disposal site management to prevent unreasonable degradation of the marine environment. Procedures and criteria are given for the selection of sites by the EPA Administrator. Most of what remains in this regulation are listings of both interim and final designated dumping sites (§ 28.14 & 228.15). These listings need to be referred to when any project requires the transport of material for the purpose of ocean dumping. Outer Continental Shelf Lands Act, as amended(PL 95- 372; 431 J.S.C. 1331-1356) Purpose The Outer Continental Shelf (OCS) Lands Act provides for the expeditious and orderly development of the shelf while providing environmental safeguards. The Act takes measures to include state and local governments in the policy and planning decisions made by the Federal government relating to OCS actions. To insure minimal endangerment to life or health, the Act presents precautions and techniques to be used during shelf operations. Major Provisions by Section (43 U.S.C. 1334)- Administration of leasing The rules and regulations are given concerning leasing of the Outer Continental Shelf by the Secretary of the Interior. (43 U.S.C. 1337)- Grants of leases by Secretary Much information is given concerning oil and gas leases, including bidding guidelines and terms and provisions for exploration, development, and production of minerals. (43 U.S.C. 1340)- Geological and geophysical explorations Federal agencies are given the right to conduct geological and geophysical explorations in the outer Continental Shelf as long as they do not conflict with any lease under the Act. Further explanation is given of plan approval and state concurrence. Drilling permits may be required by approved plans. (43 U.S.C. 1344)- Outer Continental Shelf leasing program This section presents a schedule of proposed oil and gas lease sales and other information for the establishment of a outer Continental Shelf leasing program. (43 U.S.C. 1346)- Environmental studies The Secretary of the Interior is ordered to conduct studies of any areas included in oil and gas lease sales to predict impacts on the marine biota from pollution or large spills. 143 U.S.C. 1351)- Oil and gas development and production Each lessee is required to submit a development and production plan to the Secretary of the Interior prior to development pursuant to an oil and gas lease for outer Continental Shelf areas. Pertinent Regulations • 30 CFR Part 250.34- Development and Production Plan, Minerals Management Service Describes, among other things, the requirements for compliance with § 307(c)(3)(B) of the CZMA which governs the consistency of Outer Continental Shelf Lands Act plans with approved State coastal management programs. • 30 CFR Part 251- Geological and Geophysical (G & G) Explorations of the Outer Continental Shelf, Minerals Management Service The purpose of this regulation is stated as to prescribe policies, procedures, and requirements for conducting geological and geophysical activities associated with exploration for oil, gas, or sulphur not authorized under a lease in the Outer Continental Shelf. • 30 CFR Part 252- Outer Continental Shelf (OCS) Oil and Gas Information Program, Minerals Management Service The procedures and requirements are presented for the submission of oil and gas data and information resulting from exploration, development, and production operations on the Outer Continental Shelf. • 33 CFR Part 140- Outer Continental Shelf Activities- General,Coast Guard Part 140 falls under Subchapter N of CFR Title 33. It is written to promote safety of life and property on Outer Continental Shelf facilities, vessels, and other units engaged in OCS activities, protect the marine environment, and implement the Outer Continental Shelf Lands Act. The provisions apply to OCS facilities and vessels and includes inspections by the Coast Guard. Various Executive Orders, etc. Executive Order (E.0.) 11988- Floodplain Management Issued by the President to avoid adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development. Executive Order (E.O.) 11990- Protection of Wetlands Issued by the President to avoid adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands. PL 101-233 16 U.S.C. 4408- Restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands. The head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters shall, to the extent consistent with the mission of such agency and existing statutory authorities, cooperate with the Director of the United States Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within the lands and waters of each such agency. 516 DM 2 Appendix 2(2.2) & (2.9), Department of Interior Environmental documents (EA, EIS, FONSI) must be prepared for actions which may adversely affect the unique geographic characteristics of floodplains and wetlands or which threaten to violate E.O.s 11988 and 11990. Floodplain Management Guidelines, Water Resources Council (WRC) Provides explanation of key terms and floodplain management concepts along with a section -by -section analyses of E.O. 11988. Further procedures are given in the form of a decision making process leading from the determination that a proposed action is or is not located in the base floodplain, through the implementation of agency actions. Further Advice on EO 11988 Floodplain Management, Federal Emergency Management Agency (FEMA) and the Interagency Task Force on Floodplain Management Emphasizes the requirement for agencies to select alternative sites for projects outside of the floodplain and for preparation of mitigation measures for unavoidable impacts. 520 DM 1- Floodplain Management and Wetlands Protection Procedures, DOI Generally adopts the Water Resources Council (WRC) guidelines for floodplain management. Requires bureaus to prepare written compliance procedures and provides criteria for evaluation of bureau procedures. Summarizes the WRC procedural steps. Definitions Coastal zone the coastal waters strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. (CZMA, 304(1)) Designated river study areas rivers, or river segments, which have been designated by Congress to be studied for possible inclusion in the System. During the study period these areas are granted the same protection as rivers in the System. Estuarine reserve a research area which may include any part or all of an estuary, adjoining transitional areas, and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. Estuary that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage (15 CFR Part 921.2) Marine environment those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive economic zone, consistent with international law. (NMSA, 1432(3)) Nationwide Rivers Inventory (NRI) a candidate list, compiled with input from Federal land managing agencies, of rivers and river segments designated as having potential to become part of the System. Ocean waters those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone. (MPRSA, 3(b)) Outer Continental Shelf (OCS) all submerged lands which lie seaward and outside the area of lands beneath navigable waters...and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. (OCSLA, 1331(a)) Recreational river areas those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion .in the past. Scenic river areas those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. State program agency the state agency designated in the approved state program as the sole contact with Federal agencies on matters relating to consistency determination. Water resources project any dam, water conduit, resevoir, powerhouse, transmission line, or other project works under the Federal Power Act as amended, or other construction of developments which would affect the free-flowing characteristics of a Wild and Scenic River or Study River. (36 CFR Part 297.3) Wild and scenic river a river and the adjacent area within the boundaries of a component of the Wild and Scenic Rivers System pursuant to section 3(a) or 2(a)(ii) of the Act. (36 CFR Part 297.3) Wild river areas those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America. Applicable Actions Estuarine areas Non -compatible uses, including those uses which would cause significant short or long-term ecological change or would otherwise detract from or restrict the use of the sanctuary as a natural field laboratory, will be prohibited. Wild and scenic rivers Any action which could alter the river segment's ability to meet eligibility and classification criteria for inclusion in the National Rivers System should be considered an adverse impact. Adverse effects on inventoried rivers may occur under conditions which include, but are not limited to: 1) destruction or alteration of all or part of the free flowing nature of the river 2) introduction of visual, audible, or other sensory intrusions which are out of character with the river or alter its setting 3) deterioration of water quality 4) transfer or sale of property adjacent to an inventoried river without adequate conditions or.restictions for protecting the river and its surrounding environment Mining, which is generally prohibited in wild river areas. Surface coal mining in wild, scenic, and recreational river areas is prohibited [SMCRA, Section 522(e)(1)]. Such features as small water diversions and drainage ditches, flow measurement devices and other minor structures are permitted when compatible with the classification of the river area and provided that the area remains natural in appearance and the structures harmonize with the surrounding environment. Examples of types of developments that would generally require consultation with the NPS are given in Environmental Statement Memorandum No. ESM94-6. Marine sanctuaries See the respective regulation for any given sanctuary for specifically prohibited activities. In general, any activity which disturbs or adversely affects the seabed or the quality of the water column may be prohibited. This includes construction, discharging of substances, fishing and trawling operations, collecting, removing, or damaging any natural or man-made feature, specimen, or resource, injurious vessel operations, and hydrocarbon operations. Coastal zone management (1) Federal activities directly affecting the coastal zone, including all development projects. (2) Federal licenses and permits. (3) Federal activities described in detail in an OCS plan submitted by an applicant to the Department of the Interior pursuant to the Outer Continental Shelf Lands Act of 1953, as amended. (4) Federal assistance to State and local Governments. Summary of Implementation Procedures and Contacts Estuarine areas 1. Determine if any estuarine sanctuary is in an area that may be affected by the proposed action. 2. If so, establish consultation with the Sanctuary and Reserves Program Office, NOAA, to determine the nature of effect: Sanctuary and Reserves Program Office Office of Coastal Zone Management 1305 East West Hwy. Building 4 Silver Spring, MD 20910 Tel: (301) 713-3145 3. Depending on the nature and extent of effect an environmental assessment oran environmental impact statement may be required. _ Wild and scenic rivers 1. Determine whether there is a listed Wild and Scenic River, a designated study area, or a river listed in the Nationwide Rivers Inventory (NRI) which has potential to be impacted by the project. The Wild and Scenic River Act as ammended contains lists for the first two and information on the NRI can be obtained by contacting the: Recreation Resources Assistance Division National Park Service Washington, DC 20013-7123 Tel: (202) 343-3780 2. Determination of possible effect. If the area affected by the proposal contains a river or river segment which appears on the Inventory, then proceed to determine if the effect might be adverse. If not, no further procedure is required. 3. Determination of adverse effect. If the proposal could have an adverse effect, then an EA must be prepared. Sufficient time must be given to allow NPS to comment and for the development of mitigation measures. 4. Determination of whether the proposed action could foreclose options to classify any portion of the NRI segment. 5. Incorporate avoidance/mitigation measures into proposed action. Consult with the Regional NPS office for further information or assistance with any of the above steps. A copy of any documentation prepared in carrying out the above steps should be sent to the NPS regional office. Marine Sanctuaries 1. Determine if any marine sanctuary is in an area that may be affected by the proposed action. 2. If there is, establish consultation with the Sanctuary Programs Office, NOAA, to determine the nature of effect: Director, Sanctuary Programs Office Office of Coastal Zone Management 3300 Whitehaven St., N.W. Washington, DC 20235 Tel: (202) 634-4236 3. Depending on the nature and extent of effect an environmental assessment oran environmental impact statement may be required. Coastal zone management Specific procedures for Federal agency compliance with state requirements for consistency determination are provided for in 15 CFR Part 930 and in the various approved state coastal management program documents. USGS personnel responsible for or conducting project activities in any coastal state should contact the state agency designated as the sole contact in an approved management program or the NOAA Office of Ocean and Coastal Resources, Coastal Programs Division. Chief, Coastal Programs Division 1305 East-West Highway Silver Spring, MD 20910 Tel: 301-713-3102 Fax: 301-713-4367 Endangered Species Act of 1973, as amended (PL 93- 205; 16 U.S.C. 1531 et seq.). Purpose The Endangered Species Act (ESA) of 1973, was written to provide a means for the protection of all endangered and threatened species of life. It is comprehensive in that it also provides for the protection of the critical habitats on which these species depend on for survival. The act then takes the appropriate steps to achieve these goals. The U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS), are responsible for administering the Act, with FWS covering all non -marine species and NMFS covering all marine species. Major Provisions by Section $ 4 (16 U.S.C. 1533), Determination of Endangered Species and Threatened Species Provisions are given concerning the listing of endangered or threatened species by the Secretary of the Interior or the Secretary of Commerce. These listings are to be based on the "best scientific and commercial data available". Section 4(b)(3) provides that citizens may petition to modify the lists. Part (f) discusses that the Secretary shall develop and implement recovery plans for the conservation and survival of listed species unless it is found that such a plan will not promote the conservation of the species. $ 7 (16 U.S.C. 1536), Interagency Cooperation Any action falling under the auspices of the ESA requires all Federal agencies to consult with the appropriate wildlife management agencies [U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)). It is stated that all federal agencies shall insure that their actions "are not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification" of the critical habitat. If actions are found to contradict the aforementioned, an Endangered Species Committee of six federal officials and a representative from each affected state is available to review applications for an ESA exemption. 4 9 (16 U.S.C. 1538), Prohibited Acts This section makes it unlawful to import, export, possess, sell, deliver, transport, or ship any endangered species. It is also unlawful to take any endangered species. These provisions apply to any listed species, including plants and threatened species. The prohibitions pertain to any "person", including any corporation or government entity. 4 11 (16 U.S.C. 1540), Penalties and Enforcement Both civil and criminal penalties are possible from violations of the ESA. The federal government is given authorization for enforcement. Citizen suits can be brought against any person alleged to be in violation of the act, including the Secretary for failure to perform any non -discretionary duty. Pertinent Regulations • 19 CFR Part 12 § 26, Special Classes of Merchandise: Wild Animals, Birds, and Insects, U.S. Customs Service This section bans the importation of any species living or dead, including any parts, products, or eggs thereof, appearing on the Endangered Species List. Without a permit authorizing the import by the U.S. Fish and Wildlife Service, customs release of the specimen shall be refused. Specimens entering without a permit shall be immediately exported or destroyed. • 50 CFR Part 13, General Permit Procedures, U.S. Fish and Wildlife Service Most of this regulation applies to general wildlife permit procedures. Of particular interest is §12(a)(3) & (b). Here, sections of 50 CFR Part 17 are given for which special exemptive permits may be administered. Examples of reasons for such permits include those actions promising propagation, and similarity of appearance and economic hardship provisions. Permits must be filed with the U.S. Fish and Wildlife Service. Permit administration and conditions are dealt with in subparts C and D, respectively. • 50 CFR Part 17, Endangered and Threatened Wildlife and Plants, U.S. Fish and Wildlife Service Subpart A gives an introduction and general provisions. The regulations in this section are to apply to endangered and threatened wildlife and plants. Subpart B identifies all species of wildlife which have been determined to be endangered or threatened. Subparts C (endangered wildlife), D (threatened wildlife), F (endangered plants), and G (threatened plants) state the prohibitions which apply to each listed species. This includes the import or export of such species. No person is allowed to take a listed species. It is also unlawful to deliver, receive, carry, transport, or ship any listed species in interstate or foreign commerce. No listed species shall be sold. Captive -bred endangered wildlife are also covered. Section 17.22 gives permit provisions for scientific purposes, enhancements of propagation or survival, or for incidental taking. Special permits may also be given in certain cases of economic hardship. Some non -listed species may be protected under the ESA because of similarity of appearance to a listed species (Subpart E). Critical habitats are addressed in Subpart I. Finally, Subpart J provides special provisions for manatee areas. • 50 CFR Part 220, General Permit Procedures, National Marine Fisheries Service This section concerns the permits that must be obtained when engaging in an activity covered under 50 CFR Parts 217-222 or the ESA. Parts 217 through 222 address marine fish and wildlife only. If any project involves these animals, then a valid permit must be acquired through the National Marine Fisheries Service. For precise coverage, please consult parts 217 through 222. • 50 CFR Part 402, Interagency Cooperation - Endangered Species Act of 1973, as amended, Joint Regulations on Endangered Species This part establishes interagency cooperation procedures under §§ 7(a) -(d) of the ESA. Federal agencies are granted authority and given requirements to follow regarding endangered or threatened species of fish, wildlife, or plants and habitats of such species that have been listed as critical in § 7(a). Federal agencies are here encouraged to carry out conservation programs for listed species. In § 7(a)(2), agencies are directed to insure that any action it authorizes, funds, or carries out must not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat. Federal agencies must also confer with the Secretary of the Interior when any action is likely to adversely affect proposed critical habitat or a proposed threatened/endangered species directly. • 50 CFR Part 424, Listing Endangered and Threatened Species and Designating Critical Habitat, Joint Regulations on Endangered Species This part presents the rules for revising the Lists of Endangered and Threatened Wildlife and Plants, and also gives the rules for designating critical habitats. Any such revision must be performed by the Secretary of the Interior. Critical habitats shall be specified at the time a species is proposed for listing, to the maximum extent possible (§12). In §14, guidelines are given for submitting a petition to revise the list. Instructions are given as to the publication of this information, with the final result being a Final Rule in the Federal Register. The Lists of Endangered and Threatened Wildlife and Plants shall be reviewed every five years to determine if a subject should be delisted or reclassified. • 516 DM 2, Appendix 2 (2.8), U.S. Department of Interior Environmental documents (i.e. EIS, EAS, FONSI) must be prepared for actions which may adversely affect a species listed, or proposed to be listed, on the "List of Endangered or Threatened Species" or so effect a designated critical habitat for these species. Definitions Endangered Species Any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection...would present an overwhelming and overriding risk to man. (ESA, § 3) Threatened Species Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. (ESA, § 3) Critical Habitat For a threatened or endangered species: the specific areas within the geographical area occupied by the species...on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and specific areas outside the geographical area occupied by the species upon determination by the Secretary that such areas are essential for the conservation of the species. (ESA, § 3) Take To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. (ESA, § 3) Applicable Actions Such actions include: Mineral extraction operations, blasting, trenching, drilling, and other actions that create noise or disturb existing land or water conditions. Summary of Implementation Procedures (Consult 50 CFR Part 402 for details) and Contacts 1. Determine if any FWS or NMFS listed endangered or threatened species, or those proposed to be listed, may be present in the area to be affected by the proposed action. If there are no such species present, or if they are present but will not be affected, no further steps need be taken. Federal and state coordination should be initiated as appropriate to satisfy jurisdictional -responsibilities. Copies of the FWS lists, updates, and any available maps can be obtained from: Office of Endangered Species U.S. Fish and Wildlife Service Main Interior Building Washington, D.C. 20240 NMFS information requests can be directed to the: Office of Protected Resources 1315 East West Hwy. Silver Spring, MD 20910 Tel: (301) 713-2332 If listed or proposed species may be present, a biological assessment should be conducted to verify the presence any such species and to determine whether the proposed action may affect them. If the proposed action may affect such species, then an Environmental Assessment must also be prepared. The two assessments should be integrated to reduce duplication of effort and paperwork. Formal consultation (initiated by written request to the Regional Director of FWS or NMFS) is necessary only if such species may be affected. No irreversible or irretrievable commitment of resources which could foreclose reasonable options can occur during consultation. 2. As a result of formal consultation, the FWS or NMFS will issue a biological opinion. Biological opinions which reach a conclusion that an action is likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat must include a discussion of any "reasonable or prudent alternatives" which FWS or NMFS believes would avoid the jeopardy, destruction, or adverse modification. 3. Upon consideration of the biological opinion, the agency may implement the proposed action pursuant to the consultation alternatives issued by the FWS or NMFS, or the agency may withdraw the proposed actions. Fish and Wildlife Coordination Act (PL 85-624; 16 U.S.C. 661-667d) Purpose Using the phrase vital contribution to describe the impact of wildlife resources on the nation, the Fish and Wildlife Coordination Act (FWCA) provides for wildlife conservation by entrusting the Secretary of the Interior with certain duties. One of these is to provide assistance to, and cooperation with, Federal, state, and public or private agencies and organizations to provide that wildlife conservation receive equal consideration and be coordinated with other features of water -resource development programs. The Act was also written to lend ways to conduct surveys and investigations of wildlife in the public domain. Major Provisions by Section $ 2 (16 U.S.C. 662) -Impounding, diverting, or controlling of waters Federal agencies that propose or authorize modification of any body of water shall first consult with the Fish and Wildlife Service and with the appropriate state agency to conserve wildlife resources by preventing resource loss and damage. Recommendations of wildlife agencies on the wildlife aspects of proposed actions shall be given full consideration by the decision-making agency, which should also include means for wildlife conservation as found justifiable to obtain maximum overall project benefits to the public. 3 (16 U.S.C. 663)- Impoundment or diversion of waters The section makes a rather general statement that whenever Federal departments or agencies modify a body of water for any purpose, adequate provisions must be made for the conservation, maintenance and management of wildlife resources and habitat. 5 (16 U.S.C. 665)- Investigations as to effect of sewage, industrial wastes; reports The Secretary of the Interior is authorized to conduct investigations on the effects of domestic sewage, mine, petroleum, industrial wastes, erosion silt, and other substances on wildlife. Reports may then be given to Congress which contain recommendations for alleviating undesirable pollution effects. Pertinent Regulations • 50 CFR Part 27- Prohibited Acts, U.S. Fish and Wildlife Service Provisions are given concerning takings of animal and plant life in national wildlife refuges. Rules are put forth in the remaining subparts concerning violations including those with vehicles, against plants and animals, and private structures. • 516 DM 2 Appendix 2(2.9), Department of Interior Environmental documents (EA, EIS, FONSI) must be prepared for actions which require compliance with the FWCA. Definitions Conservation the planned management of wildlife resources to prevent waste concurrent with their wise use. This term combines the meaning of the'loss prevention, mitigation, and enhancement components of project planning, development, and implementation. Wildlife and wildlife resources birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent. (FWCA,§ 8) Applicable Actions Mineral exploration or extraction permits or leases on the outer continental shelf. Projects conducted in beds of intermittent streams. Water -related aspects of Federal mining or mineral leases, or of mining plans adopted under the Surface Mining Control and Reclamation Act. Water resources and water quality planning programs. Summary of Implementation Procedures Equal consideration of wildlife resource values in project planning, approval, and implementation is the essence of the FWCA compliance process. Compliance with the equal consideration mandate requires: 1. Consultation between action agencies and wildlife agencies or measures necessary to conserve wildlife in project planning, construction, and operation. 2. Reporting by wildlife agencies on the effects of the project and its alternatives upon wildlife resources and on measures recommended to conserve wildlife resources in connection with the project and its alternatives. 3. Full consideration by the action agencies of measures recommended to conserve wildlife resources, both with regard to the proposed project and its alternatives. 4. Implementation of justifiable conservation measures. If the proposed action may affect wildlife or wildlife resources, thus initiating the FWCA compliance process, then an environmental assessment must also be prepared. U.S. Environmental Laws This page contains brief summaries of major environmental legislation, with links to the full text versions contained in the U.S. Code, provided through Cornell University Law School. Use the "Contents" to quickly access a summary or brose through the summaries. For the complete texts of these laws, click on the highlighted title in the summary. Links accessing a complete text at Cornell University will open in a new window. Contents: • Clean Air Act • The Clean Water Act (CWA) • The Comprehensive Environmental Response, Compensation. and Liability Act (CERCLA or Superfund • Endangered Species Act • The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) • The National Environmental Protection Act (NEPA) • The Pollution Prevention Act • The Resource Conservation and Recovery Act (RCRA) • The Safe Drinking Water Act (SDWA) • The Toxic Substances Control Act (TSCA) The. f plan Air Art (C Al 42 U.S.C. s/s 7401 et seq. (1970) The Clean Air Act, amended in 1977 and 1990, was established "to protect and enhance the quality of the nation's air resources so as to promote public health and welfare and the productive capacity of its population." CAA authorizes the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to protect public health and the environment. The CAA establishes emission standards for stationary sources, volatile organic compound emissions, hazardous air pollutants, and vehicles and other mobile sources. The CAA also requires the states to develop implementation plans applicable to particular industrial sources. The 1977 amendments set new timetables and goals for achieving the NAAQS. The 1990 amendments dealt primarily with matters which had not been fully addressed previously, such as acid rain, ozone depletion, and tail -pipe emissions. return to contents The Clean Water Act (CWA) 42 U.S.C. s/s 9601 et seq. (1977) The Clean Water Act amended the Federal Water Pollution Control Act of 1972, and is the primary legislative vehicle for federal water pollution control programs. The CWA was established to "restore and maintain the chemical, physical, and biological integrity of the nation's waters." The CWA gives EPA the authority to set effluent standards on an industry -by - industry basis and to set water quality standards regarding contaminants in surface waters, yet allows EPA to delegate many aspects of the law to state governments. The CWA sets goals to eliminate discharges of pollutants into navigable water, protect fish and wildlife, and prohibit the discharge of toxic pollutants in quantities that could adversely affect the environment. The CWA also provides for the construction of publicly -owned wastewater treatment facilities; establishes waste treatment management plans within states; establishes the technology necessary to eliminate the discharge of pollutants; and promotes programs to help control nonpoint sources of pollution. The CWA was reauthorized in 1987. return to contents The Comprehensive Environmental Response. Compensation. and T.iahility Art (CFTRCT A nr CnnPrfnnrll 42 U.S.C. s/s 9601 et seq. (1980) CERCLA provides EPA with the authority to respond to releases of hazardous wastes (as defined by the Clean Water Act, Clean Air Act, Toxic Substances Control Act, Solid Waste Disposal Act, and the EPA Administrator) from "inactive" hazardous waste sites which endanger public health and the environment. It also establishes a federal "Superfund" to finance response actions, establishes regulations controlling inactive hazardous waste sites, and establishes liability to recover cleanup costs. Superfund Amendments and Reauthorization Act (SARA) 42 U.S.C. 9601 et seq. (1986) Emergency Planning and Community Right -to -Know Act (EPCRA) 42 U.S.C. 11011 et seq. (1986) SARA revises and extends CERCLA to continue Superfund activities. Title III of SARA, EPCRA, provides for "emergency planning and preparedness, community right -to -know reporting, and toxic chemical release reporting." Under this law, facility owners and operators are required to provide certain information relating to regulated substances within their facilities to the appropriate state and local authorities so that they may be better prepared for environmental emergencies. This law also establishes procedures which must be followed by facility owners or operators if a hazardous substance is released, and calls for the establishment of a multilayer emergency planning and response network. return to contents The Endangered Species Act 7 U.S.C. 136; 16 U.S.C. 460 et seq. (1973) The Endangered Species Act seeks to conserve endangered and threatened plants, animals, and their habitats. The U.S. Fish and Wildlife Service of the Department of the Interior is directed under this Act to promulgate a list of endangered and threatened species and to designate critical habitat for them. The Act requires federal agencies to carry out programs for the conservation of listed species and must take actions to ensure that projects they authorize, fund, or implement will not endanger these species. Under the law, federal agencies must undertake a biological assessment before undertaking a project to determine the impact of a project on a listed species or its habitat. The outcome of these assessments determines whether a nrniert chnnicl he halted The Art alcn ectahlichec an Fnclanuerecl Species Committee to grant exemptions from the Act. return to contents The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 7 U.S.C. s/s 135 et seq. (1972) FIFRA regulates the use and safety of pesticides within the U.S. The Act requires that pesticides be registered by users with the EPA so that risks may be evaluated; classifies and certifies pesticides by specific use; restricts the use of environmentally -harmful pesticides; and provides enforcement mechanisms. FIFRA also mandates that users take exams and be certified as pesticide applicators. return to contents The National Environmental Protection Act (NEPA) 42 U.S.C. 4341 et seq. (1969) NEPA, one of the first modern environmental laws, establishes a broad national framework for efforts to protect the environment. This Act requires that federal agencies assess the environmental impact of implementing their major programs and actions early in the planning process. This Act establishes the use of Environmental Assessments (EAs) and Environmental Impact Statements (EISes) by federal agencies. return to contents The Pollution Prevention Act 42 U.S.C. 13101 and 13102, s.s 6602 et seq. (1990) This Act encourages reductions in pollution through changes in production, operation, and raw materials use by industry and the government. The Act emphasizes source reduction, in which practices are adapted which will result in less waste during the production process, reducing or eliminating the need for "end -of -pipe" solutions. return to contents Thp RPcnoirrP ('nncervatinn and RPrnvPry Art (Rf RAl 42 U.S.C. s/s 321 et seq. (1976) RCRA addresses solid waste issues, and provides EPA with the authority to regulate the disposal of hazardous waste; encourages the development of solid waste management plans and nonhazardous waste regulatory programs by the states; prohibits open dumping of wastes; regulates underground storage tanks; and provides for a national research, development, and demonstration program for improved solid waste management and resource conservation techniques. RCRA provides for "cradle -to -grave" control, from generation, transportation, treatment, storage, and disposal, of hazardous waste, by EPA. RCRA also provides a framework for dealing with non -hazardous wastes. RCRA was amended in 1984 to include the Hazardous and Solid Waste Amendments, or HSWA. These amendments required the phase-out of land disposal of hazardous waste; increased enforcement authority for EPA; more stringent hazardous waste management standards; and provisions to deal with underground storage tanks. RCRA was further amended in 1986 to address environmental problems caused by underground storage tanks containing petroleum and other hazardous substances. return to contents The Safe Drinking Water Act (SDWA) 42 U.S.C. s/s 300f et seq. (1974) SDWA seeks to protect sources of the nation's drinking water and to protect public health to the maximum extent possible, using proper water treatment techniques. SDWA establishes national primary drinking water standards based upon maximum contaminant levels, and establishes state management programs to enforce the standards. SDWA also establishes procedures for the development, implementation, and assessment of demonstration programs designed to project critical aquifer protection areas located within areas designated as sole or principal source aquifers. return to contents The Toxic Substances Control Act (TSCA) 15 U.S.C. s/s 2601 et seq. (1976) TSCA establishes the EPA's toxic substances program. Under this law, if EPA finds that a chemical substance may present an unreasonable risk to health nr the envirnnment and there is inciifrient data to nreAirt the effects of the substance, manufacturers may be required to conduct tests to evaluate the characteristics of the substance. These characteristics can include persistence, acute toxicity, or carcinogenic effects. The Act establishes a system for the prioritized listing of chemical substances to be tested. Under TSCA, manufacturers must notify EPA of their intentions to mass-produce a new chemical substance. EPA may require testing of the substance, and can prohibit the manufacture, sale, use, or disposal of the chemical if it finds the chemical presents an unreasonable risk to health or the environment. EPA can also limit the amount of chemical which can be manufactured and used. TSCA also regulates polychlorinated biphenyls, or PCBs. In 1986, TSCA was amended to incorporate the Asbestos Hazard Emergency Response Act to address matters relating to asbestos products in public schools and other buildings. return to contents S1 US Environmental Law 1880 1890 1900 1910 1920 1930 1940 1950 Year 1960 1990 2000 1970 1980 U.S. Federal Environmental Laws AMFA, ARPAA, AIA, ASBCAA, ESAA-AECA, FIFRAA, --� NAWCA FEAPRA, IRA, NWPAA, COORAINMSPAA, FCRPA, MMPAA 110 100 90 CAAA, CWA, SMCRA, SDWAA 80 ( BLBA. FWPCA, MPRSA, CZMA, NCA, FEPCA, PWSA, MMPA 70 -; NEPA, EQIA, CAA, EPA, EEA, OSHA, FAWRAA, NPAA APA, SWDA,CERCLA, CZMIA, COWLDA, FWLSCA, MPRSAA BLRA, ERDDAA, EAWA, NOPPA, PTSA, UMTRC, ESAA, QCA, NCPA 60 �. 50 I 40 . I 30 20 I YA 10 J. 0 h TA, FWCA, BPA NBRA IA WA AA RHA WSRA, EA, RCFHSA FCMHSA. NLRA, FI FRA WPA AEPA AEA EDP, OPA, RECA, CAAA, GCRA, HMTUSA, NEEA y HMTA WQA SDWAR, SARA RCRAA, WIDI MPRSAAA NWPA ARPA TSCA, FLPMA, RCRA, NEMA, CZMAA FRRRPA, AQP, SDWA, OPA FQIA ESA, TAPA F'AWRA FWCAA FHSA. NFMU WLDA t r � 1872 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 RE: George Mason. Kitsap County, WA. Presentation at PNPCA. Boise, ID',(Nov. 4. 1996) WASTEWATER COST of SERVICE LIST OF ACRONYMS Date 1872 YA Yellow Stone Act 1893 IQA Interstate Quarantine Act 1899 RHA Rivers and Harbors Act 1906 AA Antiquities Act 1908 NBRA National Bison Range Act 1910 IA Insecticide Act 1911 WA Weeks Act 1916 NPS National Park Service Created 1929 MBCA Migratory Bird Conservation Act 1934 TA Taylor Act- Grazing 1934 FWCA Fish and Wildlife Coordination Act 1934 BPA Birds Protection Act 1935 NLRA National Labor Relations Act 1935 WPA Wildlife Preservation Act 1937 FAWRA Federal Aid and Wildlife Restoration Act 1940 AEPA American Eagle Protection Act 1947 FIFRA Federal Insecticide, Fungicide and Rodenticide Act 1954 AEA Atomic Energy Act 1956 FWA Fish and Wildlife Act 1957 PAA Price -Anderson Act (PAA) 1958 FWCAA Fish and Wildlife Coordination Act Amendment 1960 FHSA Federal Hazardous Substances Act 1960 NFMUA National Forest Multiple Use Act 1964 WLDA Wildemess Act 1965 WRPA Water Resource Planning Act 1965 AFCA Anadromous Fish Conservation Act 1966 NHPA National Historic Preservation Act 1967 AQA Air Quality Act 1967 FOIA Freedom Of Information Act 1968 WSRA Wild and Scenic Rivers Act 1968 EA Estuarine Act 1968 RCFHSA Radiation Control for Health and Safety Act 1969 FCMHSA Federal Coal Mine Health and Safety Act 1970 NEPA National Environmental Policy Act 1970 EQIA Environmental Quality Improvement Act 1970 CAA Clean Air Act 1970 EPA Environmental Protection Agency 1970 EEA Environmental Education Act 1970 OSHA Occupational Safety and Health Act 1970 FAWRAA Federal Aid to Wildfile Restoration Act Amendments 1972 BLBA Black Lung Benefits Act 1972 FWPCA Federal Water Pollution Control Act 1972 MPRSA Marine Protection, Research and Sanctuaries Act 1972 CZMA Coastal Zone Management Act 1972 NCA Noise Control Act 1972 FEPCA Federal Environmental Pesticide Control Act 1972 PWSA Ports and Waterways Safety Act 1972 MMPA Marine Mammal Protection Act 1973 ESA Endangered Species Act 1 of 3 WASTEWATER COST of SERVICE LIST OF ACRONYMS 1973 TAPA Trans -Alaska Pipeline Authorization Act 1974 FRRRPA Forest and Rangeland Renewable Resources Planning Act 1974 SDWA Safe Drinking Water Act 1974 DPA Deepwater Port Act 1975 HMTA Hazard Materials Transportation Act 1976 TSCA Toxic Substance Control Act 1976 FLPMA Federal Land Policy Management Act 1976 RCRA Resource Conservation Recovery Act 1976 NFMA National Forest Management Act 1976 CZMAA Coastal Zone Management Act Amendments 1977 CAAA Clean Air Act Amendments 1977 CWA Clean Water Act 1977 SMCRA Surface Mining Control and Reclamation Act 1977 SDWAA Soil and Water Resources Conservation Act 1978 BLRA Black Lung Reform Act 1978 ERDDAA Environmental Research Development Demonstration Authorization Act 1978 EAWA Endangered American Wildemess Act 1978 NOPPA National Ocean Pollution Planning Act 1978 PTSA Port and Taker Safety Act 1978 UMTRCA Uranium Mill Tailings Radiation Control Act 1978 ESAA Endangered Species Act Amendments 1978 QCA Quiet Communities Act 1978 NCPA National Climate Program Act 1979 ARPA Archaeological Resources Protection Act 1980 APA Acide Precipitation Act 1980 SWDA Solid Waste Disposal Act 1980 CERCLA Comprehensive Environmental Response, Compensation and Liability Act 1980 CZMIA Coastal Zone Management Improvement Act 1980 COWLDA Colorado Wildemess Act 1980 CWLCA Fish and Wild Life Conservation Act 1980 MPRSAA Marine Protection Research and Sanctuaries Act Amendments 1982 NWPA Nuclear Waste Policy Act 1983 MPRSAA Marine Protection Research and Sanctuaries Act Amendments 1984 RCRAA Resources Conservation and Recovery Act Amendments 1984 WLDI Wilderness Act Implementation in Various States 1986 SDWAA Safe Drinking Water Act Amendments 1987 SARA Superfund Amendments and Reauthorization Act 1988 WQA Water Quality Act 1988 AMFA Altemative Motor Fuels Act 1988 ARPAA Archaeological Resources Protection Act, Amendments 1988 AIA Asbestos Information Act 1988 ASBCAAA Atlantic Striped Bass Conservation Act Authorization and Amendment 1988 ESAA-AECA Endangered Species Act Amendments- African Elephant Conservation Act 1988 FIFRAA Federal Insecticide, Fungicide and Rodenticide Act - Amendments 1988 FEAPRA Federal Ecosystems and Atmospheric Pollution Research Act 1988 IRA Indoor Radon Abatement, Amendment 1988 NWPAA Nuclear Waste Policy Act of 1982, Amendments 1988 CODRA/ NMSPAA Comprehensive Ocean Dumping Research Amendments and Authorization: National Marine Sanctuaries Program, Amendments and Authorization 1988 FCRPA Federal Cave Resources Protection Act 2 of 3 WASTEWATER COST of SERVICE LIST OF ACRONYMS 1989 MMPAA Marine Mammals Protection Act Amendments 1990 NAWCA North American Wetlands Conservation Act 1990 EDP Earth Day Proclamation (20th Anniversary) 1990 OPA Oil Pollution Act of 1990 1990 RECA Radiation Exposure Compensation Act 1990 CAAA Clean Air Act Amendments 1990 GCRA Global Change Research Act of 1990 1990 GLFWRA Great Lakes Fish and Wildlife Restoration Act 1990 HMTUSA Hazardous Materials Transportation and Uniform Safety Act NEEA National Environmental Education Act 3 of 3 SECTION 1 INTRODUCTION AND EXECUTIVE SUMMARY Introduction: As a condition for having received State and Federal grants from the Environmental Protection Agency and the State Department of Ecology in the past, the City is obligated to complete a Biennial Cost -of -Service Study. The Study is mandated to ensure that utility rates provide adequate funding for: (a) operating and maintaining the Wastewater Treatment Plant and the Wastewater System; (b) bond debt service payments; (c) satisfaction of bond and loan covenants relating to debt services coverage ratios, reserves, etc.; (d) capital reserves to match new grants (non are now available); and (e) utility comprehensive planning. Chapter 7.60.020 E. of the Yakima Municipal Code states: "The City shall review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the treatment works and the user charge system. The charges for users or classes of users shall be revised as required." History: The mandated 2000 Wastewater Facilities Plan analyzed the financial and capital, needs, requirements, and mandates of the Wastewater Operating and Capital Funds and recommended actions to meet these conditions. The 2001 Cost of Service and Rate Study was a comprehensive review of the Division's financial situation and outlined a path to meet the needs presented by the Plan for the period 2000-2006. The 2001 Study recommended a 35.9% general rate increase to finance staffing and capital programs outlined in the Plan. Both the Plan and the Study's 35.9% recommended increase were adopted in March of 2002. In June and November of 2003, rates were increased 5% for increased litigation expenses. The November 2003 increase also included 3% for Capital Projects. In June of 2005, general rates were increased 2.5% to offset a cost -share of the Wastewater Connection Charges to some new customers. Current Situation: In June 2003, the City received a new National Pollutant Discharge Elimination System (NPDES) permit. In part, it required several 2007 COS Section 1 Page 1 October 24, 2007 engineering studies. As a Facilities Plan is required to be updated every five years, the engineering firm of Black and Veatch was contracted to produce the mandated 2004 Wastewater Facility Plan. Council adopted this Plan in October of 2004. This 2004 Plan identified over $17.5 million of capital improvements to the Treatment Facility and $8.6 million in collection system projects ($26.1 total) required within the 2004-2010 time period to maintain our ability to serve the community. Of this. $20.2 million (77%) are mandated by Federal and State regulations and contractual obligations. The Facilities Plan also identified the need for an additional $39.5 million of improvements and expansion during the years 2011-2016, and $20.2 million during the years 2017 through 2024. In 2003, a revenue bond of $10.0 million was sold to commence the Capital Program outlined in the Plan. The first part of phase 1 of the outlined capital project at the Treatment Facility is nearly complete. The initial project included project element representing 53% of the phase 1 estimated expenses. Unfortunately, due to the extreme inflation inflicted upon construction in the past few years, we have spent or have under contract nearly 100% of the $17.5 million budget. Clearly the retail customers of the Wastewater Division are facing a very expensive future to meet the needs of the environment and community. There will be serious challenges to the City's ability to meet NPDES requirements and accommodate growth if these monetary challenges are not adequately met. This Plan recognizes the modest requirements of additional staff to implement mandated programs and perform mandated tasks. The City of Yakima's Pretreatment Program received full delegation with the issuance of our 2003 NPDES permit. Delegation mandated the City's responsibility and authority under the Clean Water Act to issue discharge permits to commercial and industrial dischargers within the City's service area. We have monitored our progress toward meeting our mandated obligations under this program and hesitantly added staff. We now recognize the need to add a permit writer and to reinstate our chemist position (cost to be shared with SU 232 Treatment). A modest investment in laboratory equipment is also required. These increases are included in the 2008 budget. The 2001 COS recommended the need for an increase of 6 full-time staff positions (with equipment) for the collection maintenance arm of our Division to achieve our maintenance goal to "anticipate problem areas and initiate action before any problems occur; to reduce potential claims for 2007 COS Section 1 Page 2 October 24, 2007 damages resulting from system failures". Through attrition, and organization. the efficiency and effectiveness of this service unit has enabled twice the amount of work to be done by the same size crew. Therefore, the additional staff have not been hired. However, offsetting our efficiencies, for the past 18 months, one of our crews has been on loan to the City's Stormwater Utility. The demands of our responsibilities require the return of our crew. Additionally, to further increase the effectiveness of our program, we strongly recommend the addition of a Field Utility Engineer (budgeted), This position would split duties between wastewater and surface/storm water and be instrumental in assessing existing and future infrastructure needs of our collections systems. These increases are included in the 2008 budget. This 2007 Cost of Service and Rate Study details a comprehensive review of the cost to serve all user classes. The user groups include; Pretreatment, Outside City (County) retail, Outside City strong waste and septage disposal, Municipal Wholesale (City of Union Gap and Terrace Heights Sewer District), City strong waste, and City retail. Food Processing Wastewater (Industrial Waste) is no longer a separate customer class. Wastewater from this category is now brought into the Treatment Facility for treatment and former customers are now City strong waste customers. This study used historical data on operating revenues and other income, operating expenses, debt service, plant flows, billable flows, billable accounts, and existing and projected capital expenditures of the wastewater system to reach its conclusions and recommendations. Purposes of the Study: The purposes of this study of cost of service and rates are to: • Determine and report revenue and funding requirements for the wastewater system operations for a 6 -year planning period (fiscal years 2007-2012). • Provide a cost of service analysis which: (1) determines unit costs of providing service; and (2) allocates costs of providing service among classes of customers of the wastewater system. 2007 COS Section 1 Page 3 October 24, 2007 • Develop and propose any necessary changes in the wastewater service charges and other (capital) charges for the customers of the wastewater system. Adoption of these recommendations will enable the wastewater system to continue its operations and make capital improvements on a financially sound foundation. Study Content: For this study, staff has conducted the following tasks: • Reviewed existing financial policies of the City as they pertain to wastewater costs of service and charges presently in effect. • Reviewed Federal Government (Environmental Protection Agency) and State (Department of Ecology) rules and regulations and City documents governing costs of service and rate related issues. • Reviewed the most current applicable publications and manuals issued by the American Water Works Association (AWWA), Water Pollution Control Federation (WPCF), American Society of Civil Engineers (ASCE), and American Public Works Association (APWA) pertaining to financing and rate charges for wastewater systems. • Performed a financial projection and developed a financial plan for a 3 year planning period (fiscal years 2008-2010), which documents the revenue and cost items affecting the calculation of rates for the wastewater system operations. • Projected operating revenues (at present rates) and other income, operating expenses, debt service, and capital expenses to determine revenue and funding requirements. • Compiled and reviewed historical account of billable flow records for all user groups • Reviewed current methods utilized by City staff in establishing rates and preparing billings to all user groups. 2007 COS Section 1 Page 4 October 24, 2007 • Developed staffing level and costs for a mandated, delegated Pretreatment permit and monitoring program. • Performed cost of service analysis which determines the costs of providing service to: 1) Pretreatment businesses; 2) non -owner (County) retail, strong waste and septage customers; 3) wholesale municipal users of the system (the City of Union Gap, and the Terrace Heights Wastewater District); 4) City strong waste customers. • Developed proposed wastewater service charges and other charges for: 1) Pretreatment Program businesses; 2) Non -owner (County) retail, strong waste, and Septage customers; and 3) Owner (City) retail and strong waste customers. Findings of the 2007 Study: • As a recipient of Federal grant assistance. the City is required to: "Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works." 40 CFR 35.929- 2(b) (2). • "The user charge system must be designed to produce adequate revenues required for operation and maintenance (including replacement). It shall provide that each user which discharges pollutants that cause an increase in the cost of managing, the effluent or sludge from the treatment works shall pay for such increased cost." 40 CFR 35.2140. • "The grantee shall adopt its sewer use ordinance and implement its user charge system developed under 35.2130 and 35.2140 before the treatment works is placed in operation. Further, the grantee shall implement the user charge system and sewer use ordinance for the useful life of the treatment works." 40 CFR 35.2208. • This study agrees with the discussion of Contractual Agreements set forth in Appendix 4 of the 1991 County report which states: "The 1976 Agreement is the controlling document. The sewer rates shall be based on a cash basis with actual cost of operation 2007 COS Section 1 Page 5 October 24, 2007 to be used to set rates for Union Gap and Terrace Heights Wastewater District. The County has previously agreed to accept the Utility Method of Accounting as an alternative (to the 1976 Agreement) to setting outside City retail rates, provided American Water Works Association (AWWA) and Water Pollution Control Federation (WPCF) recommended procedures are used. The wholesale rates are based on measured flow or contracted capacity. A. Nationally accepted guidelines are those prepared by the AWWA and WPCF. B. The City agrees that the high strength waste customer or industry should pay their full cost of service and no subsidy should be provided by wholesale or outside City customers. • Rates for non -owner retail (outside -of -City) customers should continue to be established utilizing a "Utility Rate Basis" which shall consist of: (A) treatment plant operations and maintenance, depreciation and return on investment (ROI) charge based upon the percentage of actual flow received; (B) applicable collection system operation and maintenance costs; (C) collection system depreciation and ROI charge based upon those pipes actually being utilized by this group; and (D) a strong waste surcharge if applicable. For the purpose of determining the surcharge, this report uses 300 mg/I as the threshold level for biochemical oxygen demand (BOD -5 day) and total suspended solids (TSS). This is the threshold level identified for use in wholesale billings in Section 3 of the 1976 Agreement. • Rates for septage (non -owner) customers should also be established utilizing a "Utility Rate Basis" which shall consist of operation and maintenance, depreciation, and ROI charges based upon the BOD, TSS, and Hydraulic volume impact to the Treatment Facility. • Rates for wholesale municipal customers; (City of Union Gap, and Terrace Heights Sewer District) should be established utilizing a "Cash Method" which consists of: (A) an operations and maintenance charge which consists of a percentage (based upon meter readings of flow 2007 COS Section 1 Page 6 October 24, 2007 and test results of BOD and TSS) of the Treatment Plant loading; (B) any applicable collection system operation and maintenance costs; (C) a debt service charge based upon the percent of Treatment plant capacity allocated to each entity; • The City of Union Gap shares the expense of the Rudkin Road Lift Station with the City of Yakima. These costs are allocated in the manner described in component A and C above. • City retail (owner) customers: Rates are established utilizing a "Cash Method". These rates are established to fulfill the remaining necessary revenue demands of the system. • Table 4 -2 -(Proposed) shows that during the period 2004 (actual) through 2007 (Y -E budget), Operation expenses have increased 17.31%, and Capital expenses (including transfers) have increased 14.15%. This yields a Wastewater Division expenditure increase of 15.9%. Review of Table 5-1 shows that during the same time period, billable flows have actually decreased 1.1%. Therefore, rates established in the 2001 COS and implemented in subsequent years are no longer sufficient to maintain the system expenses. • Through review of past flow data, staff projects that billable flows will increase at a rate of about 1.5% and billable account will increase at a rate of 1.25% for the next few years (see Section 5). By reviewing budgetary trends (see Section 4), staff projects Operating expenses to increase at a rate of 3% for this same time period. Therefore, wastewater revenues from existing rates will increasingly be obligated to 0&M expenses causing Capital Programs to be severely reduced. • The existing Pretreatment Program was to assess 75% of its expenses to its customers resulting in a 25% cost share to City Retail customers. Do to the need to expand staffing levels, this report recommends The Cost Share be increased to near 40% to buffer the impact of the rate increase. • Existing rates for "Strong Waste" (BOD and TSS in concentrations over 300 ppm) are less than the existing cost to treat. City Retail Customers are currently providing an over 40% cost -share to the City Strong Waste customers. 2007 COS Section 1 Page 7 October 24, 2007 • As rates for the City Retail Customers are established on a "Cash Basis", any required revenue not generated from other users groups must be included in this category. • Per chapter 7.60.020 E of the Yakima City Code, this report should be updated not less often than every two years and charges should be revised as required. Factors Affecting the Necessary Rate Increases: The following factors must be considered while contemplating a rate increase. • Operations and Maintenance: The Division has experienced sharp increases in costs of non -labor expenses. Chemical costs have risen 32% over the past few years. Fuel and utilities have also dramatically increased. Additional staff required by the mandated Pretreatment program and to promote compliance with operations, maintenance, and programmatic needs as mandated by State and Federal regulations. Additional staff recommended by this report include: (1) Pretreatment permit writer, (1) Field Utility Engineer, and (1) Chemist. • Interest Income: Decreased due to drop in interest rates and reserve levels. • Long Term Debt: Slight increase within the proposal. New revenue bond will be scheduled after existing 1978 bond is retired. • 2.0 Debt Service Coverage to preserve Council policy: Again, slight increase per the proposal. New revenue bond will be scheduled after existing 1978 bond is retired. Existing Council Policy states that City Utility Tax NOT be applied against any revenue received for debt coverage. • Capital Improvements: In addition to financing of existing debt for past capital projects, the 2000 Wastewater Facilities Plan identifies over $20.8 million in capital projects required during the next 5 years. Of 2007 COS Section 1 Page 8 October 24, 2007 this amount, over $16 million are mandated by Federal or State regulation or contractual obligations. Financing of these projects will require a combination of transfers from the operating fund and new borrowed money. Currently, our cash reserves are being utilized to finance a limited number of Capital projects. Without a rate increase, we will soon be unable to finance any construction activity. It is important to maintain a solid level of cash reserves. This allows the City to be able to take advantage of low interest financing opportunities from State and Federal agencies for mandated activities. Necessity of Rate Increase: Staff appreciates the difficulty and apprehension any governing body has when confronting the unpopular task of raising fees to its constituency. Staff pursued the possible ramifications and repercussions of not increasing rates. We reviewed a scenario under which the division severely limited all construction activity and decreased its capital transfers (including connection charge revenue) to only the debt coverage. As indicated on TABLE 1-4, for 2008, the system's expenses are budgeted to be: 1) Operation and Maintenance Expense % of Total a) Labor + benefits $4,747,720 (28.6%) b) Other * $4,015,599 (24.2%) 2) Capital Transfers $2,431,850 (14.7%) 3) Capital Debt Service $3,477,845 (21.0%) 4) Utility Tax $1,918.150 (11.6%) TOTAL $16,591,164 * Chemicals, utilities, fuel, etc. Anticipated revenue for 2008, at existing rates, is $16,078,291. Therefore. without a rate increase. for the year 2008. the system would be operating at a Toss of $512,873. For 2009, and 2010 the loss can only be prevented by the reduction/elimination of Capital Transfers. Pursuant to Council policy, the Wastewater Division attempts to maintain an operating reserve that would provide sufficient resources to maintain 2007 COS Section 1 Page 9 October 24, 2007 operations for a period of three months without income. At the budget level presented. this preferred reserve should be approximately $2.9 million. A reserve of $1.9 million is predicted by year-end 2007. Even with severally curtailing all Capital projects. without a rate increase. this reserve will continue to decline. Furthermore. our debt coverage ratios • will be out of compliance with existing bond covenants. Rate Policy Options: Review of the existing rate structure reveals that current City policy still provides for a subsidy to two user groups: (1) Businesses, which the City is required by EPA and DOE to monitor through a Pretreatment Program; (2) City Strong Waste customers. All subsidies to any user group increase the rates charged to the City retail customers. These user groups are subsidized in the following manner: (1) Pretreatment Program; As detailed in Section 6, the current rate policy provides a 25% cost share to these customers. This report proposes this level be increased to 40% to buffer sharp rate increases. (2) City Retail Strong Waste Customers: The 2001 COS phased in rates to the full cost -to -treat which should have eliminated the cost share burden on the retail ratepayer. In fact, the actual pounds of Strong Waste treated have been less than anticipated; therefore, the unit cost has risen considerably. Even with the steep increase proposed, there will remain a small cost share burden on the City retail rate customer. These rates are discussed in Sections 11. • The decision made on how much, if any, subsidy to provide these groups affects not only that group but directly affects the CITY Retail Customers rates as they pay for all subsidies. City retail rates are affected by 1% for. each $130,000 of revenue not received from other user groups. 2007 COS Section 1 Page 10 October 24, 2007 Recommendations: Staff progressed through a detailed analysis of Cost of Service and Rate Review for each user group of the Wastewater system. This report proposes rate adjustments for each group to that level established by the Cost of Service Study. Table 1-3 _compares the additional revenue from and percent increase to each user group under the proposed rate adjustments. - • Staff requests adoption of the 2007 Cost of Service and Rate Study. • Staff requests direction to prepare legislation necessary to adjust the Wastewater Rates to those proposed and detailed elsewhere in this report. The proposed level rate adjustments of major user groups being: • Pretreatment - Section 6 Current Rate: Proposed Rate: Phase One (13%)/ (5.5%) share) Phase Two (13%)/ (5.5%) Phase Three (13%)/ (5.5%) Non -City $70.91 $80.13 $90.54 $102.32 Cumulative Increase % 45.3% The Targe percentage increase is due to the requirement to Proposed adjustments of Sampling and Testing Fees and Section 6. 2007 COS Section 1 Page 11 October 24, 2007 City $53.18 $56.11 (includes 40% cost $59.19 $62.45 17.4% add a permit writer to staff. SIU Permit Fees are listed in Large increase in rate for BOD and TSS due to considerably less loading than anticipated in previous COS. FOG charge is initiated with this Study. Even with these adjustments, there remains a subsidy by City retail ratepayers of approximately 10%. Note that businesses have control over reducing these charges by good management practices to reduce loadings. • City Retail Customers - Section 11 Working on the hypothesis that the above outlined adjustments are substantially approved by City Council, the following adjustments to City retail customers are recommended. Ready to Serve Current Rate: Proposed Rate: Phase One (3.5%) Phase Two (3.5%) Phase Three (3.5%) Volume/UOC Increase@1 0 UOC $ Increase $13.34 $2.34 $36.74 $13.81 $2.42 $1.4.29 $2.51 $14.79 $2.59 Cumulative Increase % 10.9% 2007 COS Section 1 Page 13 October 26, 2007 10.7% $38.01 $39.39 $40.69 10.75% $1.27 $1.38 $1.30 $3.95 e Non -Owner Domestic Retail (County) - Section Ready to Serve Volume/UOC $18.82 $3.36 Current Rate: Proposed Rate: Phase One (5.5%) Phase Two (5.5%) Phase Three (5.5%) $19.86 $3.54 $20.95 $3.73 $22.10 $3.94 Cumulative Increase % 17.4% o Non -Owner Retail Existing: Proposed Rate: Decrease %: Existing: Proposed Rate: Increase %: Strong Waste and 50D/Ib. [decrease) $0.537 $0.470 -12.48% 17.3% 7 Cost @ 10 UOC $52.42 $55.26 $58.25 $61.50 Septage - Section 8 TSS/lb. (decrease) $0.522 $0.467 -10.54% $/Gallon Septage $0.337 $0.381 13.06% o Municipal Wholesale Customers - Section 9 No Council action required in this section. Rates are governed by the 4 -Party Agreement and subsequent written clarifications. • City Strong Waste Retail Current Rate: Proposed Rate: Phase One (10.0%) Phase Two (10.0%) Phase Three (10.0%) Cumulative Increase % 2007 COS Section 1 Page 12 October 24, 2007 Customers )30D/Ib. $0.332 $0.365 $0.402 $0.442 33.1% - Section 10 TSS/Ib. FOG/Ib. $0.339 none $0.373 $0.276 $0.410 $0.276 $0.451 $0.276 33.1% n/a TABLE 1-1 (Compare) FUND 473 Wastewater Operations and Maintenance Compare Existing vs. Proposed Revenue and Expense Description 2007 2008 2009 2010 REVENUE (TOTAL) Existing Rates 15,442,360 16,078,291 16,126,856 16,353,962 Proposed Rates 15,442,360 16,531,387 17,575,635 18,462,377 Additional Revenue 0 453,096 1,448,779 2,108,415 Cumulative Revenue 1,901,875 4,010,290 EXPENSES (TOTAL) Existing Rates 15,992,796 16, 591,164 15,895,393 16,163,715 Proposed Rates 15,992,796 16,591,164 17,019,246 18,016,725 Additional Expense 0 0 1,123,853 1,853,010 Cumulative Expense 1,123,853 2,976,863 Addition to Fund 473 Reserves 453,096 324,926 255,405 Cumulative Reserves (473). 778,022 1,033,427 10/21/07 TABLE 1-2 (PROPOSED) FUND 473 Wastewater Operations and Maintenance Description see 2007 2008 2009 2010 Table budget proposed proposed proposed Cash Balance Forward 2,409,080 1,930,916 1,929,067 2,543,328 REVENUE Pretreatment Fees 617,000 637,766 681,728 719,223 County Retail and Strong Waste 7-1/8-1 60,000 36,444 38,956 41,098 1.055 Del Monte Contribution 75,200 75,200 75,200 75,200 Fat, Oil, Grease (FOG) 0 41,400 41,918 42,441 City of Union Gap 9-1 542,507 630,291 626,143 650,766 Terrace Height Sewer Dist. 9-1 315,548 427,308 426,389 440,817 City Strong Waste 11-1 750,000 866,773 975,623 1,086,064 Connection Charges 925,000 950,000 978,500 1,007,855 1.03 Stormwater reimbursement 250,000 250,000 City of Yakima Retail 12-1 12,120,000 12,686,913 13,431,178 14,098,913 Other Misc. 37,105 179,292 50,000 50,000 Total Revenue 15,442,360 16,531,387 17,575,635 18,462,377 Interest on Reserves @ 3% 72,272 57,927 57,872 76,300 Total Available Funds 17,923,712 18,520,231 19,562,574 21,082,005 EXPENSES 2008 2009 2010 0&M (Labor + benefits) 4-2A 4,409,982 4,747,720 4,831,246 4,958,037 28.6% 28.4% 27.5% 0&M (non -labor; chemicals, fuel, utilities) 3,684,319 4,015,599 3,900,988 4,061,969 24.2% 22.9% 22.5% Capital ( transfers) 2,731,850 2,431,850 2,525,850 3,141,300 14.7% 14.8% 17.4% Capital (Debt Service) 3,296,370 3,477,845 3,652,086 3,639,934 21.0% 21.5% 20.2% City Utility Tax 1,870,275 1,918,150 2,109,076 2,215,485 11.6% 12.4% 12.3% Total Expense 15,992,796 16,591,164 17,019,246 18,016,725 Fund Balance -End of Year 1,930,916 1,929,067 2,543,328 3,065,279 annual gain (deficit) (550,436) (59,777) 556,389 445,652 10/21/07 TABLE 1-3 (COMPARE) FUND 473 Wastewater Revenue Adjustment for Affected Customer Classes Description 2007 2008 2009 2010 cumulative REVENUE Pretreatment Fees Existing 617,000 612,500 610,000 610,000 Proposed 617,000 637,766 681,728 719,223 Increase $ 0 25,266 71,728 109,223 206,217 Cumulative Increase % 4.1% 11.8% 17.9% County Retail and Strong Waste Existing 60,000 35,000 35,000 35,000 Proposed 60,000 36,444 38,956 41,098 Increase $ 0 1,444 3,956 6,098 11,498 Cumulative Increase % 4.1% 11.3% 17.4% Fat, Oil, Grease (FOG) Existing 0 0 0 0 Proposed 0 41,400 41,918 42,441 Increase $ 0 41,400 41,918 42,441 125,759 Cumulative Increase % City Strong Waste Existing 750,000 806,300 815,976 825,767 Proposed 750,000 866,773 975,623 1,086,064 Increase $ 0 60,473 159,647 260,297 480,417 Cumulative Increase % 7.5% 19.6% 31.5% City of Yakima Retail Existing 12,120,000 12,362,400 12;538,148 12,716,412 Proposed 12,120,000 12,686,913 13431,178 14,098,913. Increase $ 0 324,513 893,030 1,382,501 2,600,044 Cumulative Increase % 2.6% 7.1% 10.9% Total Revenue Existing 13,547,000 13,816,200 13,999,124 14,187,179 from Affected Customer Classes Proposed 13,547,000 14,269,296 15,169403 15,987,739 Increase $ 0 453,096 1,170,279 1,800,560 3,423,935 Cumulative Increase % 0 3.3% 8.4% 12.7% 10/2' TABLE 1-4 (Existing Rates) FUND 473 Wastewater Operations and Maintenance Description see 2007 2008 2009 2010 Table Cash Balance Forward 2,409,080 1,930,916 1,475,971 1,751,713 REVENUE Pretreatment Fees 617,000 612,500 610,000 610,000 1.000 County Retail and Strong Waste 7-1/8-1 60,000 35,000 35,000 35,000 Del Monte Contribution 75,200 75,200 75,200 75,200 Fat, Oil, Grease (FOG) 0 0 0 0 City of Union Gap 9-1 542,507 630,291 626,143 650,766 Terrace Height Sewer Dist. 9-1 315,548 427,308 426,389 440,817 City Strong Waste 11-1 750,000 806,300 815,976 825,767 1.012 Connection Charges 925,000 950,000 950,000 950,000 1.000 Reimburse from Stormwater 0 0 0 City of Yakima Retail 12-1 12,101,000 12,362,400 12,538,148 12,716,412 Other Misc. 37,105 179,292 50,000 50,000 Total Revenue 15,442,360 16,078,291 16,126,856 16,353,962 Interest on Reserves @ 3% 72,272 57,927 44,279 52,551 Total Available Funds 17,923,712 18,067,135 17,647,106 18,158,226 EXPENSES 2008 2009 2010 O&M (Labor + benefits) 4-2A 4,409,982 4,747,720 4,831,246 4,958,037 28.6% 30.4% 30.7% O&M (non -labor; chemicals, fuel, utilities) 3,684,319 4,015,599 3,900,988 4,061,969 24.2% 24.5% 25.1% Capital (transfers) 2,731,850 2,431,850 1,575,850 1,541,300 14.7% 9.9% 9.5% Capital (Debt Service) 3,296,370 3,477,845 3,652,086 3,639,934 21.0% 23.0% 22.5% City Utility Tax 1,870,275 1,918,150 1,935,223 1,962,475 11.6% 12.2% 12.1% Total Expense 15,992,796 16,591,164 15,895,393 16,163,715 Fund Balance -End of Year 1,930,916 1,475,971 1,751,713 1,994,511 annual surplus/ (deficit) (550,436) (512,873) 231,463 190,247 10/20/07 SECTION 2 BACKGROUND INFORMATION FOR THE WASTEWATER COST OF SERVICE AND RATE STUDY 1ntroduction: This section reviews and discusses background information pertinent to the City of Yakima's Wastewater System Cost of Service and Rate Study. Included in this background information are: (1) a description of the wastewater system of the City of Yakima (City) and the service provided by the City through its treatment and collection facilities; (2) provisions of the Agreement for Wastewater Treatment and Disposal Service (herein called the 4 -Party Agreement), signed by the City, the City of Union Gap (Union Gap), the Terrace Heights Sewer District (Terrace Heights), and the County of Yakima (County); (3) review of City wastewater rate proposals; and (4) review of financial policies and issues surrounding the development of wastewater rates and charges for City wholesale users and retail customers. Description of the City's Wastewater System: The City provides wastewater system services to owner retail customers (called herein City retail), non -owner (County) retail customers, septic dumpers (called herein Septage), Union Gap, and Terrace Heights. Within a short time, treatment service will be extended to the City of Moxee (Moxee) through the Terrace Heights Sewer District allocation. Reference is made throughout this report to City retail and County retail customers. In fact, the County provides no Wastewater services within the area pertinent to this report. The customers to whom the report refers are customers of the City's wastewater system who live outside of the City limits (in the county). The Retail System both inside and outside of the City serves approximately 21,700 retail accounts, additionally, Union Gap serves 1,400 retail customers, and 1,550 retail customers are served by Terrace Heights (including Moxee). Septage Disposal is provided at the City's treatment facility. Fruit processing waste discharged by industrial customers of the City, which used to be applied to a sprayfield is now treated through the treatment facility. 2007 COS Section 2 Page 1 July 11, 2007 During the 1970's, a 1976 Facility Plan was prepared for the region to enable it to meet requirements of the Federal Water Pollution Control Act. During the period 1976 through 1983, implementations of the improvements recommended in this plan were accomplished. This resulted in upgrades and expansion of the Regional Wastewater Treatment plant and construction of interceptors to transport wastewater to the treatment plant from Union Gap, Terrace Heights and the unincorporated areas (County) surrounding the City. The 1975-1989 improvements to the wastewater system, totaling over $33,000,000, were financed by a grant (75% of eligible costs) from the U.S. Environmental Protection Agency (EPA), a grant (15% of eligible costs) from the State of Washington's Department of Ecology (Ecology) from funds authorized by Referendum 26, and by local funds (10%). (Combined, the grants covered Tess than 80% of total project costs). The current system of rates was first established in 1978, through a comprehensive Wastewater Rate Study conducted by R. W. Beck and Associates, Seattle, Washington. In 1981, the firm of Brown and Caldwell, Seattle, Washington performed a wastewater rate update study. In late 1985, the State of Washington's Department of Ecology (Ecology) issued a compliance order for correction of treatment plant facilities that were experiencing hydraulic, organic and solids loadings that exceeded 1976 Facility Plan design assumptions. HDR Engineering, Inc. was subsequently employed to update the City's 1976 Facility Plan and a study was completed in June 1989. The resulting 1989 Facility Plan provided a list of capital construction projects and estimated increases in wastewater service costs expected as a result of implementing the programs contained in the Plan. Implementations of the necessary improvements to the Wastewater System identified in this 1989 Facility Plan, totaling over $25,000,000, were initiated in 1991. The improvements to the treatment facility were financed in part (42%) by a grant from the U.S. Environmental Protection Agency (EPA), low interest loans (15%) from the State of Washington Public Works Trust Fund (PWTF), and (43%) by local funds. Many of the identified improvements within the collection system were also addressed. These improvements were financed in part by low interest loans from the Public Works Trust Fund. 2007 COS Section 2 Page 2 July 11, 2007 The 2001 Wastewater Facilities Plan looked to the capital and operations and maintenance requirement of the wastewater system to serve the area for the 20 -year period 2001-2021. As mandated by federal and state regulations, this document was updated by the 2004 Wastewater Facility Plan. Council adopted the 2004 Plan October 19th, 2004. This document identifies extensive investment needs over the next 6-20 years for Mandates, Renewal/Reliability, and Growth. The needs identified for the first 6 years (2004-2010) for the treatment facility are ($17,506,000 - 90.5% mandated) as well as the collection system ($8,625,000 - 50.3% mandated). Over 77% or $20.18 million of the first 6 years program is mandated by regulations or contractual obligations to customers. if these mandated expenditures are not made, the wastewater system faces the potential of NPDES Permit violations and related civil and criminal penalties, as well as a Building Moratorium within 6 years, Compliance with federal and/or state mandatory regulations requires adequate funding sources regardless of ability to pay. Although the federal and/or state regulatory agencies sometimes provide partial funding for mandated improvements in the form of grants and/or loans, those resources have been drastically diminished over the last decade. As a consequence, the City of Yakima and the Yakima Regional Wastewater Treatment Plant (WWTP) will be required to use wholesale, retail, and connection charge revenues to pay a substantial portion (as much as 98% or more) of the total cost either as cash or through debt payments. As set forth by this report, the impact to wholesale and retail rates will be significant, The City operates a Regional Wastewater Treatment Plant that can currently process up to 21.5 million gallons per day (mgd) of wastewater. The City's wastewater facilities, in addition to the treatment plant, include a collection system consisting of nine minor lift stations and one major lift station. The collection system consists of approximately 29,395 linear feet of 30" to 48" transmission pipeline, 92,331 linear feet of 20" to 27" transmission pipeline, 121,625 linear feet of 15" to 18" transmission pipeline, and 1,481,319 linear feet of local collection system lines (6" to 12"). This equates to over 326.6 miles of wastewater lines, and a $210,000,000 present worth investment in the wastewater collection system. 2007 COS Section 2 Page 3 October 21, 2007 Terrace Height is connected to the City's wastewater system via their lift station and connecting pipeline which discharges at the treatment plant. In the near future, wastewater from the Moxee will be included with the flow received from Terrace Heights. Wastewater flow received from the Union Gap is discharged into an interceptor flowing to the Rudkin Road lift station. After passing through the lift station, Union Gap's wastewater flows to the collector box leading to the treatment plant. Agreement for Wastewater Treatment and Disposal Facilities: In 1976, the City entered into an Agreement for Treatment and Disposal Services with the County, Union Gap and Terrace Heights. At the time the four parties entered into the Agreement, it was recognized that planning for the future disposal of wastes was needed to meet water pollution control requirements and eliminate health hazards. In the Agreement, the City agreed to accept wastewater, within certain quality limitations, delivered to it by the County, Union Gap and Terrace Heights for processing through the City's Regional Wastewater Treatment Plant. At the time the original Agreement was adopted, as now, the County did not own or operate its own collection system or treatment facilities. The County was given the right to provide service in unincorporated local service areas, and to enter into appropriate agreements with the City only in the event that neither the City, Terrace Heights, nor Union Gap can provide acceptable service to customers the County proposes to serve. The City of Union Gap and Terrace Heights were responsible for operating and maintaining wastewater interceptor and pumping facilities necessary to deliver wastewater to the City's system. Through the Agreement, the City was given responsibility for establishing retail rates and charges for the non -owner customers (County), and wholesale user rates for Union Gap and Terrace Heights. It was specified that rates should reflect the cost of service for the City to intercept, treat, and dispose of the wastewater from these agency's systems. Eligible costs include system administration, operation, maintenance, taxes, repair and replacement, and debt service for existing and new collection, treatment and disposal facilities including requirements of resolutions surrounding the issuance of revenue bonds. 2007 COS Section 2 Page 4 July 11, 2007 Per the Agreement, all wastewater of the County, Union Gap, and Terrace Heights was to be metered at the expense of the system requesting service. In 1997 a Settlement Agreement was negotiated between those of the 4 -Parties who had customers. This Agreement clarified wholesale rate, system ownership, and capital cost issues between those parties (Yakima City, Union Gap, and Terrace Heights). The 4 -Party Agreement also: 1) provides the City with the right to sample wastewater discharges of its customers for the purpose of special charges or identifying unhealthful or incompatible discharges; 2) requires a Special Agreement to be signed with customers discharging wastes of unusual quantity or strengths; and, 3) provides EPA the authority to require correction of the excessive infiltration/inflow occurring within the collection systems. In 1979, the City Council reviewed the Yakima Urban Area Wastewater Facilities and Planning programs. The Council directed City staff to prepare a Resource Allocation Plan within the following guidelines: • The City of Yakima would continue to maintain sole and complete ownership of the treatment plant resources. • The City's sole responsibility was to make available to various jurisdictions a fixedamount of treatment plant and interceptor capacities as designated by the Yakima Area Wastewater Agreement and Yakima Wastewater Facilities Planning Study. • The County would not be allocated any capacity until such time as it had constructed and had operational a wastewater system. • The City would assure that sufficient treatment plant and interceptor capacities would be available to wholesale users per the before mentioned Allocation Plan. • Future capital costs for treatment plant improvements should be distributed to areas that exceed the allocations established for them by the Allocation Plan. • Unincorporated areas served by the City's collection system will proportionately decrease the allocation for the remaining areas. 2007 COS Section 2 Page 5 July 11, 2007 • Interceptor capacities within individual service areas (other than wholesale user service areas) should be based upon the capacities that have already been committed. The Resource Allocation Plan was not intended to modify the terms of the 1976 Agreement, but was intended to use past agreements and policies to define future courses of action. In summary, the steps in implementing the Resource Allocation Plan involved: • Developing a comprehensive wastewater system plan which establishes the existing collection system's ability, by drainage basins, to accommodate sewage flows. • Establishing percentage allocations of treatment plant capacity to the wholesale user jurisdictions for their respective service areas. • Developing a method for the County to receive a service area allocation if/when the County were to provide service to customers in its service area. • Administering the allocation program through wastewater system capital improvement programming and future land use decisions. With respect to executing the steps in the program, allocations of capacity for wholesale users were to be based on flows (average daily flow in mgd) and design populations associated with each agency, combined with allocations of capacity, that insured that each agency had a sufficient level of service. The original allocations of capacity, based on only the hydraulic capacity of the treatment plant, were established in 1979 as follows: Percent City (and County of Yakima) 90.4 Town of Union Gap 5.4 Terrace Heights Wastewater District 4�Q 100.0 These capacity allocations were amended in 1987 to reflect the purchase of 82% of the South Broadway interceptor by Union Gap, which increased their capacity in the City's Treatment Facility. The allocations of capacity were changed to: 2007 COS Section 2 Page 6 July 11, 2007 Percent City (and County of Yakima) 87.9 Town of Union Gap 8.1 Terrace Heights Wastewater District 4,Q 100.0 Review of the Federal Regulations Affecting Wastewater Rates: Background and General Provisions. The City has been a recipient of Federal grant funds that were used to upgrade and expand existing wastewater facilities. The grant funded construction projects were completed in 1983 and 1993. Having used Federal grant funds to pay for portions of its facilities, the City is subject to rules and regulations of the Federal grant program for the life of the facilities constructed with such funds. The City currently has an approved system of wastewater service charges. This system of charges resulted from an original rate study: (1) Wastewater Rate Study, September 1978, conducted by R. W. Beck and Associates, Seattle, Washington, and the following updates of the original rate study; (2) Yakima Rate Study - Revised Wastewater Rates and Rate Update, October 1981, conducted by Brown and Caldwell, Seattle, Washington; (3) 1989 Financing Plan, prepared by City staff; (4) City of Yakima Wastewater Utility Wastewater Cost of Service and Rate Study, March 1990, prepared by HDR Engineering, Inc. and Public Utility Rate Consultants (PURC); (5) 1994 Cost of Service and Rate Study, August 1994, prepared by City staff; (6) 1996 Cost of Service and Rate Study, November 1996, prepared by City staff; (7) 1999 Wastewater Rate Adjustment; and the latest full study was, (8) 2001 Wastewater Rate Adjustment both prepared by City staff. Since that time, rates have been adjusted to reflect needs of litigation and a minor capital program. For additional details, refer to Table 2-1. In order to receive approval of its wastewater service charge system, and be eligible for grant funds for construction, the City was required to: • Obtain approval of a plan of study for its existing facilities. • Obtain award of a grant for the construction of facilities and obtain issuance of a notice to proceed with construction. 2007 COS Section 2 Page 7 July 11, 2007 The source of these requirements for establishment of a wastewater service charge system is contained in Regulations of the Environmental Protection Agency. Provisions of the regulations (from 40 CFR Part 35.2140) directing the City to establish a wastewater service charge system require that: • Each user or user class pay its proportionate share of operation and maintenance (including replacement) costs of treatment works based on the user's proportionate contribution to the total wastewater loading from all users. • Each user charge system must provide that each user be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charge which are attributable to wastewater treatment services. • The user charge system shall provide that the costs of operation and maintenance for all flow not directly attributable to users (i.e., infiltration/inflow) be distributed among all users based upon either of the following: 1) In the same manner that it distributes the costs for their actual use, or 2) Under a system which uses one or a combination of the following factors on a reasonable basis: a) Flow volume of the users. b) Land area of the users. c) Number of hookups or discharges of the users. • Financial management system: "Each user charge system must include an adequate financial management system that will accurately account for revenues generated by the system and expenditures for operation and maintenance (including replacement) of the treatment system, based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy, and administration." [40 CFR 35.2140(d)] In addition, Federal guidelines encourage the establishment of: 1) capital reserve funds to pay for future expansion, upgrades or rehabilitation of the wastewater system; and 2) adequate operating reserves, called working capital herein, with which the wastewater system can meet its bill payment and emergency cash obligations. 2007 cos Section 2 Page 8 July 11, 2007 Previously conducted wastewater service charge studies for the City were also conducted considering the debt service payment and debt service coverage obligations of the City. Performance of the Wastewater Rate Study: The preceding subsection sets general guidelines for performing a wastewater cost of service and rate study that will meet EPA regulations. The guidelines issued by EPA provide more specific directions for allocating costs of service and structuring rates, and define many of the rules for performing a rate study that meets EPA standards. The covenants of the revenue bond issues used to construct the City's wastewater system facilities must also be observed in developing the financial plan and revenue requirement portions of this study. It is an objective of this cost of service and rate study to observe the guidelines of the Federal grant program for a wastewater service charge system. Among those guidelines are the following: • Determination of annual revenue requirements. Annual revenue requirements are developed through performance of a financial projection of a 3 -year planning period (fiscal years 2008-2010). • Determination of annual debt service and coverage requirements, including desired deposits to capital and operating reserve funds. • Determination of costs of providing service for customer classes, as are defined by EPA regulations. • Appropriate development and application of capital fees to the payment of capital costs. • Development and design of appropriate wastewater service charges and other charges. To satisfy the above, the following grant program guidelines included in the regulations are observed in the performance of this study: 2007 COS Section 2 Page 9 July 11, 2007 • Wastewater service charges should provide for operating expenses of the wastewater system. • Operating expenses are defined as day-to-day operating costs of the wastewater system, such as treatment, pumping, transmission, collection, monitoring and administrative costs, and system replacement costs. • System replacement costs include such expenses as costs of pumps, motors, telemetry and electrical controls, air scrubbing equipment, chlorination and dechlorination equipment, vehicles, radios, etc. Replacement costs may be determined by application of annual depreciation expense (straight line basis), or by determination of annual replacement costs projected for the next 3 -year planning period. System replacement costs are those normal repair and replacement costs that keep existing facilities running during normal life expectancies. System replacement costs do not include major rehabilitation costs, structural rehabilitation, or expansions and upgrades to the system. • Major rehabilitation costs, structural rehabilitation, and expansions and upgrades to the wastewater system are regarded as capital expenditures, in contrast to operating expenses, and are funded in part through connection and other capital fees and contributions. • Capital (and connection) fees may not be used to pay for wastewater system operating expenses, including system replacement costs. (In this manner, capital fees can be set at appropriate levels.) • Capital (and connection) fees may be used to pay for annual debt service costs on financing obtained to construct facilities, or to .establish capital reserve funds to provide for future facilities requirements. If capital fees do not appropriately recover capital costs, the burden of recovering debt service and total capital costs, as well as operating expenses, falls on wastewater service charges. In the development of a financial plan, it is the intent of this study to establish the reasonable and appropriate level of wastewater service 2007 COS Section 2 Page 10 July 11, 2007 charges and capital fees through which the City can continue its wastewater system operations on a financially sound basis and construct the required facilities that are needed to serve present and future customers. In addition to the preceding, the following additional guidelines are observed relating to cost of service allocations: • Customer classes of service (wholesale and retail) will be identified in accordance with EPA regulations. These may include, for retail customers, subdividing residential, commercial and industrial customers into sub -classes of service, and separately costing large customers (over 25,000 gpd, or contributing more than 5% of total flow). • Cost allocations will be performed by first classifying costs of treatment services to cost parameters (flow, BOD, TSS, etc.) and second, by dividing the classified costs by annual loadings to obtain unit costs. • Costs of special treatment facilities constructed to process specific types of waste will be allocated to customers who discharge such wastes. • Costs of engineering, contingencies, and other miscellaneous capital costs may be prorated among the treatment cost parameters. • Administrative and other customer related costs will be identified and may be allocated to customers on the basis of numbers of accounts, or some other equitable basis. • Wastewater service charges must recover operating expense and replacement costs in proportion to total wastewater loadings on the wastewater system. • Industries, which reserve additional capacity in the wastewater system, must pay for the additional capital costs and operating expense associated with that reserved capacity. 2007 COS Section 2 Page 11 July 11, 2007 Financial Policies and Issues - Outside City Rates: Recent Proposals on Wastewater Rates, It is intended that the wastewater cost of service and rate study performed herein be a technical review of the operating and capital costs associated with running the City's wastewater system facilities as pertains to the determination of annual revenue and funding requirements, and allocations of costs of service to system customers for the purpose of determining equitable wastewater service charges and other fees. The City performed a user study for its wastewater operations in 1987 and 1988, aimed at determining the level of increases in wastewater service charges required to support proposed financing and other cost increases associated with the expansion of its treatment and collection system facilities. The City's engineering consultant, HDR Engineering, Inc., also prepared a Financial Planning analysis section as part of its Comprehensive Plan For Wastewater System study, completed in October 1988. This work was performed to describe the financial situation and costs faced by the City's wastewater system at that time and in future years with the expansions projects and to discuss possible sources of income, which included charges for services, grant funding for the City's proposed capital projects, and the issuance of financing to provide for the local share of project costs. The financial projection and plan performed in this study combines and updates proposals contained in the City's 1990 user rate study. In 1990, Yakima County took exception to the proposed increase in the surcharge rate applied to out -of -City (County) retail customers. The actual increase that was implemented for out -of -City retail customers was substantially less than the amount recommended in the 1990 Cost of Service and Rate Study. History of Outside City Policy and Surcharge - County of Yakima Customers. The City has an extensive history pertaining to the extension of City utility services outside its corporate boundaries. Early City policy (1965-1968) encouraged annexation to the City. It was recognized that some areas could not be annexed and fringe development often occurred without proper planning controls. In 1968, the City passed Resolution No. D-1250 that stated that property owners requesting utility services 2007 COS Section 2 Page 12 July 11, 2007 outside the City limits conform to City General Plan and development codes. In 1974, the City, County, Union Gap and Terrace Heights signed the Agreement for Wastewater Treatment and Disposal Service that granted the City responsibility for providing wastewater service to an area many times larger than had been previously served. In 1976, an Urban Area Agreement was adopted, which defined the obligations of the City and established the direction for the City to embark on an sequential annexation plan which recognized the provision of utility services to outside City (County) residents. The outside City surcharge had been in effect since before 1976 when the Urban Area Agreement was adopted. The City viewed the outside utility surcharge as an interim step in the provision of public services to outside City customers in that City customers are owners of the wastewater system and County customers are non -owners. The surcharge rate was initially set by using a figure of 50%, which appears to have been similar, to what other Washington State wastewater utilities were charging. With the use of this surcharge, rates were set which represented, but never exceeded, the actual cost of serving this customer class. Existing City Policy on County of Yakima Retail Customers: With the adoption of the 1990 City report and as affirmed in the 1991 County report, the utility basis of accounting was reaffirmed to be used to determine the costs of providing service to County (non -owner) retail customers. The American Water Works Association (AWWA) recommendation for determining costs of providing services to outside City (non -owner) customers is that the utility basis of accounting be used to determine these costs. When the costs of service are defined using the utility basis of accounting for non -owner customers, the remaining customers of the utility system must pay for the remaining cash requirements of the operation. (Ref. Water Rates, American Water Works Association, Manual of Water Supply Practice, (AWWA M1) fourth edition 1991) Excerpts from the AWWA manual M-1 reflecting this policy are: • "The utility approach to determining revenue requirements is... an appropriate method for determining the costs of service 2007 COS Section 2 Page 13 July 11, 2007 applicable to customers served outside of the corporate limits by a government-owned utility." • "The use of the utility approach can reduce controversy since it generally results in more stable rates, which are not so immediately affected by the level of system capital expenditures as are rates developed under the cash -needs approach". • "A publicly owned utility may be considered to be the property of the citizens within the City. Customers within the City are owner customers, who must bear the risks and responsibilities of utility ownership. Outside City customers are non -owner customers and, as such, bear a different responsibility for costs than do owner customers." • "The costs to be born by outside -City (non -owner) customers are similar to those attributable to the customers (non -owners) of an investor-owned utility. Such costs include operation and maintenance expense, depreciation expense, and an appropriate return on the value of property devoted to serving the outside - City customers." Cash Vs. Utility Basis of Accounting The cash basis of accounting determines the revenue requirement of a utility on the basis of cash receipts and cash outlays as they fall due. The four primary elements of cash basis accounting are: • Operating Expense: Operating expenses are the costs of operating the wastewater system on a day-to-day basis, and include costs of operating and maintaining the wastewater treatment plant and collection and disposal facilities of the wastewater_ system, administrative costs, and system replacement costs. • Debt Service: Debt service consists of payments of principal and interest on short and long term financing incurred by the wastewater system for major equipment purchases or construction of facilities, obligations to debt -service reserves, and coverage on bonded debt. • Capital Outlays: Capital outlays consist of system upgrades or improvements to the wastewater system, or the purchases of 2007 cos Section 2 Page 14 July 11, 2007 equipment paid in cash generated from revenues or connection fees. • Taxes. Taxes paid to governing agencies, such as property taxes, gross receipts taxes, franchise or other types of taxes. Taxes may be characterized under operating expenses. Public utilities, such as the City's wastewater system, are public agencies, owned by their customer -users. Almost all customer owned public utilities set their revenue requirements using the cash basis of accounting. (See Table 2-1). The utility basis of accounting determines the revenue requirement (and rate level) using different cost elements than the cash basis. Debt service and capital outlays are replaced by depreciation expense and a rate of return allowance. Depreciation expense, as it enters into determining the utility's rate level, is a substitution for the principal payments made by a utility under the cash basis. The rate of return allowance (return on investment) is a reimbursement to the utility and its owners to pay for the interest costs on its debt, provide an allowance for equity payments which the utility uses to purchase capital equipment or facilities needed, and provide an allowance for a return on investment to be made to its owners for risking capital. The three elements of the utility basis of accounting are: • Operating Expense: Operating expenses are the costs of operating the wastewater system on a day-to-day basis, and include costs of operating and maintaining the wastewater treatment plant and collection and disposal facilities of the wastewater system, administrative costs, and system replacement costs. • Depreciation Expense. "Depreciation is the loss in value of facilities, not restored by current maintenance, that occurs due to wear and tear, decay, inadequacy, and obsolescence. The annual depreciation expense component of revenue requirements provides for the recovery of the utility's capital investment over the anticipated useful life of the depreciable assets. It is, therefore, proper that this expense be borne by the customers benefiting from use of these assets. ... The funds resulting from the inclusion of depreciation expense in the 2007 COS Section 2 Page 15 July 11, 2007 annual revenue requirement are the property of the utility and are available for use as a source of capital for replacement, improvement, or expansion of its system or for repayment of debt." AWWA Manual M1 Water Rates. • Rate of Return Allowance (Return on Investment): "The return component is intended to pay the annual interest cost of debt capital and provide a fair rate of return for the total equity capital employed to finance physical facilities used to provide utility service. The utility approach of determining revenue requirements requires the establishment of a rate base, defined to be the value of the assets on which the utility is entitled to earn a return, and the fixing of a fair rate of return on the rate base. The rate base is primarily composed of the value of the utility's plant and property useful in serving the public. In addition, it is proper to include an allowance in the rate base for material and supplies, working capital, and construction work in progress. On the other hand, contributions in aid of construction and customer advances for construction are generally deducted from utility plant in service for rate -base determination." AWWA Manual M1 Water Rates. The rate base is the historical cost of investment in plant facilities less accumulated depreciation, contributions in aid of construction and grant funds). The setting of a rate of return for a utility involves consideration of the cost of outstanding debt, the market rates for dividend payments, and the amount of cash -paid capital required by the utility to meet its equity or equity growth requirements. Use of the utility basis of accounting to set rate levels recognizes the proprietary interest that owners have in the utility; in this case, city retail customers' ownership of the wastewater system. These owners have contributed capital to construct the facilities that benefit both themselves and other users. 2007 COS Section 2 Page 16 July 11, 2007 TABLE 2-1 CITY OF YAKIMA - WASTEWATER UTILITY CASH VS. UTILITY BASIS OF ACCOUNTING Cash Basis Operating Expenses* Debt Service -Principal Debt Service -Interest * Includes taxes Utility Basis Operating Expenses* Depreciation Expense Rate of Return Allowance - (Interest on Debt, Return on Equity Capital) The Utility Basis, of Accounting in Use: When the utility basis of accounting is used, such as when the City uses the utility basis to set rates for County retail customers of the wastewater system, the City's intent is to collect for costs of operations and maintenance, depreciation, and a return on investment. The latter charges County customers for interest costs on debt, cash -paid capital outlays, and a payment to compensate system owners for contributed capital. The City's practice is to set revenue requirements using the cash basis. The City then deducts revenue anticipated from retail customers in the County and septage customers, computed using the utility basis, and the revenue anticipated from wholesale municipal customers (Union Gap and Terrace Heights) and wholesale industrial customers from total revenue requirements. After these deductions, the remaining cash requirements of the system must be paid by City retail customers. Elimination of a "Surcharge" Factor; The City no longer uses a surcharge factor. Prior to implementation of the recommendations of the 1994 COS, a "surcharge" factor was established and applied toward City retail wastewater rates to establish rates for County customers. Therefore, if the City rates went up $1.00 the County rates went up $1.00 (times) the "surcharge" factor. 2007 COS Section 2 Page 17 July 11, 2007 Under a proper Utility Basis method there is no such direct link between the City and County rates. The County rates are established using the "utility basis". The City rates are established using a "cash basis". At any given point in time there will be a ratio (what has been called a surcharge factor) between the two. This ratio is not fixed. Rates established by a utility basis are governed by depreciation schedules that tend to be more stable then those established on a cash basis that can be subject to sudden cash requirement of the system. Depending on the amount of cash financing used and the term of debt repayment, this ratio could be less than 1.0. Each time a rate study analysis is done, rates for retail customers living in the County must be calculated based on the ongoing depreciation schedule and are not subject to the short-term cash requirement of the system. In the event the City were to set rates for the customers living in the County using the cash basis, City customers would be deprived of compensation for capital used in the construction of facilities for others and compensation for assuming the risk in investing in facilities from which revenues are not guaranteed. Commencing in 1994, there was no longer any surcharge factor. Rates for all classes of customers are determined on a cost to serve basis, Legal Responses to the County's Response to the Surcharge Proposal: The City engaged the law offices of Preston, Gates & Ellis, Seattle, Washington to review statutory and case law in the State of Washington relative to levying rates and charges on non-resident utility customers. The findings of these reviews are summarized as follows: • It is well established that a public utility may segregate non- resident customers into a separate rate classification and charge them higher rates. • Rates need not precisely reflect cost of service. However, rates for non-resident customers must be reasonable and reasonableness must be judged on cost of service as well as other factors, such as location inside or outside the City. 2007 COS Section 2 Page 18 July 11, 2007 • Inability to isolate the costs precisely, as may occur by using both the cash and the utility bases of accounting, does not invalidate an allocation (of revenue requirements). • The City is permitted to charge a return on investment to non- resident customers for the facilities used and useful in providing service to such customers. An investor/owner utility rate of return amount, or percentage, provides a useful reference. • The City is under no obligation to establish a specific reserve fund, nor is the City constrained to use the funds collected for depreciation for the sole benefit of non -owner customers. 2007 COS Section 2 Page 19 July 11, 2007 TABLE 2-1 History of Wastewater Rates Date Ordinance Ready to Rdy to Serve Volume Volume Av month bill Bill Non -Owner Strong, Waste Septage Comments Effective Serve % Change % Change 10 % Change Rate BOD TSS U.O.C. 5/1/57 B-2027 $1.00 .25 over 700 $1.75 33.33% of water bill. First separate sewer billing. 9/30/73 1556 $2.00 75% of water $4.31 146.29% 150% 11/9/78 2220 $2.00 $0.41 $6.10 41.53% 150% 0.0704 0.0303 0&M, WW Facility Planning, debt serve for WW proj. Extend minimum charge to all parcels w/I service area. 11/25/80 2471 nc nc 0.012 1/1/82 2567 $3.24 62.00% $0.51 24.39% $8.34 36.72% 150% 0.04 0.01 Debt service for construction bond issue. 2605 B&C Rate Study (Strong Waste Program Authorized) 1/1/83 2567 $3.69 $0.64 150% 0.08 0.02 0.019 Increases except Septage superceded by ordinance 2657 2605 1/1/83 2657 $4.17 28.70% $0.73 43.14% $11.47 37.53% 0.08 0.02 Litigation settlement. Financing City share debt service for WW Facility Project. 1/30/84 Utility Tax Rates 7/15/85 2880 $4.26 2.16% $0.75 2.74% $11.76 2.53% State Tax Increase 1/25/87 3067 Utility Tax Rates 1/1/89 3156 $4.94 15.96% $0.87 16.00% $13.64 15.99% 150% 0.08 0.02 0.031 0&M Increases, operational cash reserve Anticipate debt service for upcoming project. 1/1/90 3156 $5.73 15.99% $1.01 16.09% $15.83 16.06% 150% Per 1990 COS, debt payment for project. 2/1/91 3320 0.11 0.06 0.044 6/30/91 3365 Changed Utility tax Rates 1/1/92 3351 $6.22 8.55% $1.10 8.91% $17.22 8.78% Per 1990 COS, debt payment for project. 8/26/92 3351 176% Surcharge increase not effective until 8/26/92 1/22/92 3426 $6.24 0.32% $1.10 0.00% $17.24 0.12% NPDES Permit Fee increase. 10/18/92 3488 Changed Utility tax Rates 3/1/93 93-1 0.0873 Septage Rate Increase 1/2/94 93-110 $6.24 0.00% $1.115 1.36% $17.39 0.87% State Excise Tax increase Page TABLE 2-1 History of Wastewater Rates Date Ordinance Ready to Rdy to Serve Volume Volume Av month bill Bill Non -Owner Stron. Waste Septage Comments Effective Serve % Change % Change 10 % Change Rate BOD TSS U.O.C. 1/16/94 93-113 Changed Utility tax Rates 1/23/95 94-79 , $6.77 8.49% $1.21 8.52% $18.87 8.51% Utility Basis 0.162 0.100 0.164 1994 COS Phase One ° 1/23/96 94-79 $7.33 8.27% $1.31 8.26% $20:43 8.27% Utility Basis 0.214 0.140 0.195 1994 COS Phase Two l 3/24/97 97-13 -- $7.55- 3.00% $1.35 3.05% $21.05 3.03% Utility Basis 0.214 0.140 0.230 1996 COS Phase One 1/1/98 97-13 $7.78 3.05% $1.39 2.96% $21.68 2.99% Utility Basis 0.214 0.140 0.265 1996 COS Phase Two 12/31/99 99-47 $8.17 5.01 % $1.46 5.04%. $22.77 5.03% Utility Basis 0.225 0.147 0.278 5% for litigation expenses 12/24/00 00-55 $8.17 0.00% $1.46 0.00% $22.77 0.00% Utility Basis 0.225 0.147 0.278 re-enact previously set rates 5/20/01 01-17 $8.33 1.96% $1.49 2.05% $23.23 2.02% Utility Basis 0.230 0.150 0.284 2% increase for Trickling Filter modifications 4/8/02 02-10 $11.48 37.82% $2.01 34.90% $31.58 35.94% Utility Basis 0.244 0.178 0.316 2001 COS and Rate Study 6/22/03 03-30 $12.05 4.97% $2.11 4.98% $33.15 4.97% Utility Basis 0.272 0.223 0.324 5% for litigation expenses' 11/9/03 03-63 $13.01 7.97% $2.28 8.06% $35.81 8.02% Utility Basis 0.294 0.241 0.337 5% for litigation expenses, plus 3% for Capital 1/1/04 03-63 0.312 0.286 SW step increses 1/18/04 03-75 Pretreatment issues 1/1/05 03-63 0.332 0.339 SW step increses 6/19/05 05-23 $13.34 2.54% $2.34 _ 2.63% $36.74 2.60% Utility Basis 0.332 0.339 2.5% to Offset lower connection charges 4 Page 2 of 2 SECTION 3 CAPITAL IMPROVEMENT PROJECTS Wastewater Funds: The wastewater utility's finances are divided into four Funds; Fund 472 (Wastewater Facilities Capital Reserve Fund), Fund 473 (Wastewater Operating Fund), Fund 476 (Wastewater Collection System Project Fund), and Fund 478 (Wastewater Facilities Project Fund). Fund 472 Wastewater Facilities Capital Reserve Fund During 2008-2010, this fund will continue to support ongoing major repair and maintenance projects and minor capital projects at the wastewater treatment plant. These projects include rebuilds and industrial coating of plant basins and equipment due to the severe service requirements of the facility. We have scheduled a major rehabilitation of the existing Dystor Digester Covers to be financed from this fund for 2008. The City, Union Gap, and Terrace Heights make annual capital contributions in proportion to their allocated treatment capacity (Yakima 87.9%, Union Gap 8.1 %, Terrace Heights 4.0%). The total annual contribution totals $150,000. Other revenue includes interest on any reserve balance. Anticipated project expenditures are shown in Table 3-5. Revenues and total fund budget are shown in Table 3-1. Fund 473 Wastewater Operating Fund This fund is not a capital fund and is addressed in section 4 of this report. 2007 COS Section 3 Page 1 October 21, 2007 Fund 476 Wastewater Collection System Project Fund The proposed capital expenditures from the Collection System Improvements Fund (476), during the period 2006 through 2010, are most dependant upon the proposed rate adjustment. This fund finances rehabilitation of existing lines, extension of interceptors, and installation of neighborhood collection systems. Many miles of the City's sewer pipe are now well over their anticipated life expectancy. Rehabilitation/replacement of this aging infrastructure will be an increasing cost in the years ahead. Although strides have been made,. there remain several hundred houses in the City that do not yet have access to a public sewer. Major investment is required to provide adequate service to enhance in -fill development and protect the health and welfare of the urban residential core. Table 3 -3 -(Proposed) lists the projects currently under consideration. The projects listed under Collection Piping - Neighborhood Wastewater improvement include the installation of collection systems in low income City neighborhoods that have a history of septic failures. These areas include the Fruitvale, East Mead, and North 4th Street areas. A program has been developed through the City's Department of Community and Economic Development to financially assist the residents in these neighborhoods with sewer connections. This budget also includes some collection piping to fulfill City contractual obligations. The projects listed under New Trunks/Interceptors include a City pipe along the Speedway to the Race Street Lift Station, an interconnection from the new jail to the new pipe along 1-82, and the next phase of the interceptor across the Congdon property. The projects listed under Remediate Existing System will repair/rehabilitate existing pipes and/or relieve bottlenecks within the existing system. This construction will be required as deteriorated pipes are discovered. The City has budgeted full cost for these projects, as replacement costs are typically included in monthly service charges. The projects listed under New Trunks/Interceptors will expand the area we are able to serve. Current City practice does not initiate any extensions of Trunks/Interceptors. The timing and initial financing of extensions should be driven by the development community, groups of homeowners, or major road construction. The City will participate with sizing and location of these extensions and may provide financial assistance by participating in the incremental "oversize" of the Trunks 2007 COS Section 3 Page 2 October 21, 2007 and/or through the creation of "reimbursable agreements". The actual percentage of City involvement will vary from project to project. For this report, an average of 25% of the project cost of the New Trunks/Interceptors is considered to be future City expense, These City expenses would be recovered through a full cost Wastewater Connection Charge program. With implementation of the revised Wastewater Connection Charge (WCC), limited revenue is available for system expansion (see TABLE 3-2 P). For this report, staff estimates that 50% of all WCC revenue will go toward collection system construction. To assist funding these projects and retaining a positive reserve balance in this fund through the planning period, the City has budgeted an annual cash transfer into Fund 476 from Fund 473. This transfer consists of a major portion of the money collected for debt service coverage during the previous year (See TABLE 4-9). These transfers are ultimately and practically dependent on actual cash balance position with respect to revenues received versus revenues anticipated in this or future studies.' TABLES 3 -3 -(Existing) shows that an attempt to maintain a positive fund balance with the significantly reduced Capital Transfers available if no rate increase is realized. As demonstrated, money available for investment in the City's future quickly disappears. The future of any collection system investment is totally dependant on this proposed rate increase. Neither Union Gap nor Terrace Heights contribute to this fund. The transfers, revenues, expenditures, and reserves for Fund 476 as shown on Table 3 -2 -(Proposed) and 3 -2 -(Existing) are: PROPOSED Rate Increase: Year 2008 2009 2010 Oper trans 921,000 1,000,000 1,600,000 EXISTING Rates: Year 2008 2009 2010 2007 COS Section 3 Page 3 October 21, 2007 Oper trans 921,111 50,000 Zero Revenue 1,441,350 1,447,466 2,054,491 Revenue 1,500,460 495,383 456,512 Expense 2,115,000 1,554,163 2,054,334 Expense 2,1 15,000 520,000 600,000 Reserve 709,322 602,625 602,782 Reserve 667,660 643,043 499,555 Fund 478 Yakima Wastewater Facilities Project Fund In 2004, City staff and Black and Veatch Engineering, Inc. prepared the 2004 Wastewater Facility Plan. This document looks to the capital and operations and maintenance requirements (including staffing) of the wastewater system to serve the area for the next 20 years. Submittal of a Council adopted Plan to Ecology is mandated under WAC 173-240. Approval by Ecology is required to allow the City to be eligible to compete for any Federal or State funding options. The guidelines for the Plan are also found in WAC 173-240. Indicated in this document are extensive investment needs over the next 6 - 20 years for Mandates, Renewal/Reliability, and Growth. Specific facility needs are listed on Tables 1-12, 1-13, and 1-14 of the Plan and are also listed on Table 3-5 of this report. The needs during the next 6 years alone (2004-2010) for the treatment facility ($18,500,000 of which 90% is mandated). Without the proposed rate adjustment, only a limited number of these construction projects will be possible. Without the mandated projects, the plant might fail to meet Clean Water Act regulations that could expose the City and elected officials to civil and criminal penalties. As an alternative a moratorium on new connections may soon be required in the City's service area. Compliance with federal and/or state mandatory regulations requires adequate funding sources regardless of ability to pay. Although the federal and/or state regulatory agencies sometimes provide partial funding for mandated improvements in the form of grants and/or loans, those resources have been drastically diminished over the last decade. As a consequence, the City of Yakima and the Yakima Regional WWTP will be required to use wholesale and retail revenues to pay a substantial portion (as much as 98% or more) of the total cost either as cash or through debt payments. The impact to wholesale and retail rates will be significant. To assist funding these expenditures and assist in retaining an adequate balance of funds during the planning period, it is anticipated that a $5.5 million loan or revenue bond will be obtained in 2008 and another $6.0 million in 2011. The timing of the new bonds corresponds with the payoff of existing Wastewater bonds such that the annual debt payment obligation to the budget remains fairly even. Therefore, the issuance of these bonds, by themselves, does not drive this proposed rate adjustment. Also, this proposal plans for an annual transfer of one half of 2007 COS Section 3 Page 4 October 21, 2007 the Connection Charge revenue and a cash transfer from the Operating Fund (473). The total transfer is set at $879,000 annually. This transfer consists of a portion of the money collected for debt service coverage during the previous year (see TABLE 4-9). These transfers are ultimately and practically dependent on actual cash balance position with respect to revenues received versus revenues anticipated in this or future studies. With implementation of the revised Wastewater Connection Charge (WCC), additional revenue will be available for construction related to plant expansion. For this report, staff estimates that 50% of all WCC revenue collected will go toward Treatment Facility construction. In 2007, we were fortunate to receive a PWTF loan to assist in the conversion of the treatment facility's chlorination system to an Ultra Violet Light (UV) disinfection system. This $2.7 million project is being funded through Fund 478. Neither Union Gap nor Terrace Heights contribute directly to this fund. They currently are contributing their allocated portion of our Debt Service payments to Fund 473 from which the debt payments are made. They also currently contribute their allocated portion of Debt Service Coverage. These payments are credited toward their allocation of local cash expenses related to projects financed by this fund. The transfers, revenues, expenditures, and reserves for Fund 478 as shown on Table 3-4 are: Year Op trans Revenue Expense Reserve 2008 479,000 7,972,467 7,187,473 2,796,324 2009 467,000 1,144,816 3,016,1 13 925,027 2010 454,640 1,051,251 356,508 1,619,770 During the time frame covered by this COS (2008-2010), the budget for the 478 Fund is anticipated to remain the same with or without a rate increase. Significant reductions would be required in the years ahead if rate increases are not implemented. 2007 COS Section 3 Page 5 October 21, 2007 TABLE 3-1 FUND 472 Wastewater Treatment Facility Reserve Description 2005 2006 2007 2008 2009 2010 Cash Balance Forward 549,118 659,584 752,088 824,088 256,088 343,893 REVENUE City of Yakima (Trans. from 473 Fund) 131',850 131,850 131,850 131,850 131,850 131,850 (Debt Service Coverage/rates) City of Union Gap 13,163 12,150 12,150 12,150 12,150 12,150 Terrace Height Sewer Dist. 5,500 6,000 6,000 6,000 6,000 6,000 Interest Income @5% 5,844 2,000 2,000 2,000 12,804 17,195 Total Revenue 156,356 152,000 152,000 152,000 162,804 167,195 Total Available Funds 705,474 811,584 904,088 976,088 418,893 511,087 EXPENSES Treatment Plant Improvements see TABLE 3-4 45,890 59,496 80,000 720,000 75,000 75,000 Fund Balance -End of Year 659,584 752,088 824,088 256,088 343,893 436,087 Fund 472 may be used for Targe maintenance expenditures or minor capital outlays for the treatment facility. 10/' n7 TABLE 3-2 Ex FUND 476 (Existing Rates) Interceptors/Collection System Improvements Description � � 2005 2006 2007 2008 2009 2010 Actual Balance Forward 1,358.332 2.280'262 2.434.850 1.282,200 667'660 643,043 REVENUE Interest on Investments 0 6,901 5.000 64,110 33,383 32.152 �� �� Transfers from Fund 473 2,750'000 1.050,000 300.000 921'00(T 50.000 'O Contribution (Housing proj 1918) 73,313 � Transfers from Connection Charges * 760, 384 620,459 O 400,000 412'000 414.368 Cubcrafters (proj 2113) 25.000 42,168 CuNgun(pro 21G9) 37,311 PVVTF Existing Loans (River Rd 2128) 461/08 0 1J30.250 115,350 0 0 total Revenue = 4,070,096 1.756'838 2.035,250 1,500'460 495,383 456.512 Total Available Funds 5.428,428 4`037'101 4.470`200 2,782.660 1,163,043 1.039,555 EXPENSE Collection System Construction See Table 3-5 3,148.166 1,602,151 3.188'000 2,115,000 520'000 600.000 Fund Balance -End of Year 2.280.262 2.434'950 1,282'200 667'660 643/043 499'555 Fund 476 may be used for system wide Comprehensive Planning and Collection system construction and impro ements including Interceptors. Assumes 50% of Connection Charge credited to476 Fund, 50% to 478 Fund. | 1 | 10/21/07 TABLE 3-3 (Existing) Collection System Improvements City Description Fund Estimated Estimated Estimated x 2007 2008 2009 2010 2011+ Protect # Total Project Total City cost 101.5% 101 7% 101.2% 101.5% 101.6% 2004 Cost 2006 Cost through 2010 101.5% 103.2% 104.5% 106.096 107.7% Collection Piping ( < 12") and Comprehensive Planning Y -E Budget Pre -Budget 0000 Collection System Improvements 476 $1,000,000 $1,000,000 $210,000 $60,000 550,000 550,000 550,000 5250,000 0000 Misc. Construction Projects 476 5550,000 550,000 5300,000 5100,000 $100,000 5500,000 1818 RailRoad Grade Separation 476 $0 $0 $150,000 5150,000 1819 Connection Charge Litigation 476 511,498 511,498 55,000 55,000 1961 UG S1st St Sewer Main Repairs 476 $22,687 $22,687 (49,525.00) (49,525.00) 1977 West Nob Hill (52nd -62nd) 476 $399 5399 200,000.00 5200,000 2111 West Valley School Sewer Easement 476 $6,266 $6,266 1,500.00 1,500.00 2136 Historic Front Street Sewer Impr 476 $165,000 $165,000 15,000.00 15,000.00 2159 Culligan Fruitvale Sewer Replacement 476 580,000 580,000 (3,448.00) (3,448.00) 2234 Neighborhood Wastewater Improvements 476 $600,000 $150,000 $200,000 $1,000,000 Subtotal Collection 476 51,285,850 51,285,850 51,078,527 $223_,527 $1,155,000 $300,000 $350,000 $1,750,000 New Trunks/Interceptors (10096 City) 2087 Speedway Interceptor 476 $1,751,352 $1,751,352 $170,000 $120,000 $50,000 2128 River Rd Sewer lmpr 476 $2,970,000 $2,970,000 $2,671,901 $2,521,901 $150,000 2188 40th AV & Fruitvale Sewer Sleeve 476 $90,000 590,000 $169,000 5169,000 2190 Pacific & 8th Sewer Main 476 $100,000 $100,000 562,350 $62,350 Speedway Interceptor Phase two 476 $1,751,352 $2,346,812 $0 $2,528,165 Lasalle (for Jail) 476 $200,000 $0 $215,455 2228 Congdon 476 $2,400,000 $750,000 $750,000 $2,585,464 Suntides/Naches River Interceptor (1) 476 $5,318,475 $6,594,909 $0 $7,104,542 Subtotal City Financed Trunks 476 $11,981,179 $16,453,073 $3,823,251 $2,873,251 $950,000 $0 $0 $12,433,627 Remediate Existing System 1911 Sewer System Evaluation 476 $450,000 $450,000 $30,450 5450 510,000 520,000 GIS Mapping System . $50,000 $50,000 1.11 Repair/Rehabilitate Existing System 476 $783,000 $970,920 $350,000 $150,000 $200,000 $1,000,000 Subtotal Upsize Existing $1,233,000 $1,420,920 $380,450 $450 $10,000 $220,000 $250,000 $1,000,000 11.5.10 New Trunks/Interceptors (2596 City) Cowiche Canyon 476 $3,049,500 $3,781,380 $0 $4,073,592 Peck's Canyon 476 $600,000 $0 $646,366 Wide Hollow Basin (prey incl Congdon) 476 $4,810,700 $2,700,000 $0 $2,908,647 Coolidge Basin (prey incl Wash 64-72) 476 $1,492,400 $600,000 $0 5646,366 Wiley Interceptor 476 $5,248,500 $6,508,140 $0 $7,011,067 Airport West (prey incl Wash 52-62) 476 $4,820,500 $2,000,000 $0 $2,154,553 Airport South (repositioned) 476 $602,000 $2,000,000 $0 52,154,553 West Valley High 476 $1,500,000 $0 51,615,915 Summitview Ext 476 $1,200,000 $0 $1,292,732 Yakima Resources 476 $500,000 $0 $538,638 Subtotal New Trunks/Interceptors** 476 $20,023,600 $21,389,520 $0 $0 50 $0 $0 $23,042,431 CITY CASH Share @ 25% 2596 $5,005,900 $5,347,380 $0 # $0 $0 $0 $0 $5,760,608 TOTAL Facilities Plan Construction $34,523,629 $40,549,363 $5,282,228 $3,097,228 $2,115,000 $520,000 $600,000 $38,226,058 TOTAL CITY CASH New Construction 476 $19,505,929 $24,507,223 $5,282,228 $3,097,228 $2,115,000 $520,000 $600,000 $20,944,234 ** Current City policy for New Trunks/Interceptors is that financing and construction will be handled by the private developer. The City may participate with the incremental cost to "oversize" the sewer pipes, reimbursement agreements, or possible waivers may add to the City's overall financial commitment. For this report, the City's cash allocation is assumed to be approximately 25% of total project cost. I I 1 1 The actual timing of construction of extensions will be driven by the development community or group of home owners. The City will participate with desi n of sizing and location. I 1 I 1 1 1 1 1 .1 I Page 1 TABLE 3-2 (Proposed) FUND 476 Interceptors/Cotlection System Improvements Omxcrption �x '�.�. ��. 2005 2006 2007 2008 2009 2010 Actual Balance Forward 1.358.332 2.280'262 2.434,950 1.382,972 709.322 602.625 REVENUE Interest on Investments 0 6,901 15.000 5/000 35/486 30,131 Transfers from 'Fund 473 2,750,000 1.050.000 300/000 921.000 1/000.000 1'600,000 Contribution (Housing proj 1918) 73,313 Transfers from Connection Charges * 760.384 628,458 O 400.000 412.000 424.360 Cubcrafters (proj 2113) 25,000 42,168 Culligan (pro 2159) 37,311 PWTF Existing Loans (River Rd 2128) 461.400 0 1.730.250 115.350 O 0 total Revenue 4'070.096 1.756,838 2,845.250 1.441.350 1,447.466 2,054,491 Total Available Funds . 5/28/28 4/037.101 4/80200 2,824,322 2.156,788 2,657,116 EXPENSE Collection System Construction See Table 3-S 3.148.166 1.602,151 3,037.228 2.115,000 1,554,163 2.054.334 Fund Balance -End of Year 2.280262 2'434,950 1,382'972 709.322 602.623 602782 Fund 476 may be used for system wide Comprehensive Planning and Collection system constr ction and improvements includingIntercepters. * Assumes 58% of Connection Charge credited to 476 Fund, 50% to 478 Fund. 10/21/07 TABLE 3-3 (Proposed) Collection System Improvements City Description Fund Estimated Estimated Estimated x 2007 2008 2009 2010 2011+ Protect # Total Project Total City cost 101.5% 101.7% 101.2% 101.5% 101.6% 2004 Cost 2006 Cost through 2010 101.5% 103.2% 104.5% 106.0% 107.7% Collection Piping ( < 12") and Comprehensive Planning Y -E Budget Pre -Budget 0000 Collection System Improvements 476 $1,000,000 $1,000,000 $210,000 $60,000 $50,000 $50,000 $50,000 $250,000 0000 Misc. Construction Projects 476 $750,000 550,000 $300,000 5200,000 5200,000 81,000,000 1818 RailRoad Grade Separation 476 $0 $0 $150,000 $150,000 1819 Connection Charge Litigation 476 511,498 511,498 55,000 $5,000 1961 UG Si st St Sewer Main Repairs 476 $22,687 $22,687 (49,525.00) (49,525.00) 1977 West Nob Hill (52nd -62nd) 476 $399 $399 200,000.00 $200,000 2111 West Valley School Sewer Easement 476_ $666 $6,266 1,500.00 1,500.00 2136 _ Historic Front Street Sewer Impr 476 $165,000 $165,000 15,000.00 15,000.00 2159 Culligan Fruitvale Sewer Replacement 476 580,000 $80,000 (3,448.00) (3,448.00) 2234 Neighborhood Wastewater Improvements 476 5600,000 5400,000 $400,000 $2,000,000 Subtotal Collection 476 $1,285,850 $1,285,850 51,278,527 $223,527 $1,155,000 5650,000 5650,000 $3,250,000 New Trunks/Interceptors (100% City) 2087 Speedway Interceptor 476 $1,751,352 $1,751352 5170,000 $120,000 $50,000 2128 River Rd Sewer lmpr 476 $2,970,000 52,970,000 $2,671,901 $2,521,901 $150,000 2188 40th AV & Fruitvale Sewer Sleeve 476 $90,000 890,000 $169,000 $169,000 2190 Pacific & 8th Sewer Main 476 $100,000 $100,000 $62,350 $62,350 Speedway Interceptor Phase two 476 $1,751,352 $2,346,812 $497,670 5497,670 $2,022,532 Lasalle (for Jail) 476 5250,000 $265,078 $265,078 2228 Congdon 476 $2,400,000 5750,000 $750,000 $2,585,464 Suntides/Naches River Interceptor (1) 476 55,318,475 $6,594,909 50 $7,104,542 Subtotal City Financed Trunks 476 511,981,179 $16,503,073 $4,585,999 $2,873,251 $950,000 50 5762,748 $11,712,538 Remediate Existing System 1911 Sewer System Evaluation 476 $450,000 $450,000 $30,450 $450 $10,000 $20,000 GIS Mapping System 550,000 $50,000 1.11 Repair/Rehabilitate Existing System 476 $783,000 $970,920 $600,000 5300,000 $300,000 $1,500,000 Subtotal Upsize Existing $1,233,000 $1,420,920 $630,450 $450 $10,000 $370,000 $350,000 $1,500,000 11.5.10 New Trunks/Interceptors (25% City) Cowiche Canyon 476 $3,049,500 $3,781,380 $987,547 $987,547 $3,055,194 Peck's Canyon 476 $600,000 $636,187 $636,187 Wide Hollow Basin (prey incl Congdon) 476 $4,810,700 $2,700,000 $0 $2,908,647 Coolidge Basin (prev incl Wash 64-72) 476 $1,492,400 5600,000 $626,785 $626,785 Wiley Interceptor 476 $5,248,500 $6,508,140 50 $7,011,067 Airport West (prey incl Wash 52-62) 476 $4,820,500 $2,000,000 $522,321 $522,321 $1,615,915 Airport South (repositioned) 476 $602,000 $2,000,000 50 $2,154,553 West Valley High 476 51,500,000 50 $1,615,915 Surnmitview Ext 476 $1,200,000 $0 $1,292,732 Yakima Resources 476 5500,000 $530,156 $530,156 Subtotal New Trunks/Interceptors** 476 $20,023,600 $21,389,520 $3,302,996 $0 50 $2,136,653 $1,166,343 $19,654,024 CITY CASH Share @ 25% 25% $5,005,900 $5,347,380 $825,749 # 50 $0 $534,163 $291,586 $4,913,506 TOTAL Facilities Plan Construction 534,523,629 $40,599,363 $9,797,973 53,097,228 $2,115,000 $3,156,653 $2,929,091 $36,116,562 TOTAL CITY CASH New Construction 476 $19,505,929 $24,557,223 $7,320,725 $3,097,228 52,115,000 51,554,163 $2,054,334 $21,376,044 ** Current City policy for New Trunks/Interceptors is that financing and construction will be handled by the private developer. The City may participate with the incremental cost to "oversize" the sewer pipes, reimbursement agreements, or possible waivers may add to the City's overall financial commitment. For this report, the City's cash allocation is assumed to be approximately 25% of total project cost. I 1 I _I The actual timing of construction of extensions will be driven by the development community or group of home owners. The City will participate with desi n of sizing and location. I 1 1 I 11 1 1 h I Page 1 of TABLE 3-4 FUND 478 Wastewater Treatment Facility Description 2005 ActualBalance Forward 9/241,016 2006 6/934/577 2007 4/154,127 2008 2.011/330 2009 2,786,324 2010 925/027 - — . - REVENUE Interest from Investments 289537 357/481 110/000 55'000 139/816 46,251_ , Interest from Contracts 43 29 5.000 -5/000 5,000 5,000 Transfers From Fund 473 �� 0 1/800'000 1,600/000 479.000 467,000 454,640 Debt TH 10.483 13.125 40.000 40/000 40.000 40,000 Debt Coverage UG 30,498 • 30,593 40.0OD_ 81/000 81,000 81 000 Debt Coverage UG/RR 1,425 1,420 3,032 3,204 • Transfers from Connection Charges (473)••••• ••... 0 300,000 700,000 400/000 412,000 424,350 CCRC •354 151 1,000 1/000 Misc Revenue (Bond remainder) ''.' 143'263 PWTF/SRF Loans (UV Disinfection 2182) �� 1.035,000 1.265/000 Bond �� 5,500,000 Total Revenue �� 332/341 2/502/798 3,534/032 7/972.467 1,144/816 1/051,251 Total Available Funds � 8/573.357 9/437/376 7,688,159 9.883/797 3,941,140 1,976/278 EXPENSES •� Treatment Facility See TABLE 3-4 2638,780 5'283/249 5/576,829 7,187,473 3/016.113 356/508 �� — -- Fund Balance -End of Year 6,934�i774,154,127 2,011,330 2.786,324 925,027 1618.77O '- - Fund 478 may be used for planning for and major capital projects on the Treatment Facility. 10/1/07 TABLE 3-5 Wastewater Treatment Facility Capital Improvement Projects City Project 0000: 2222 ELEMENT _ FUND 472 Minor Capital Improvements : Dystor Repair i Fund : 472 472 : Estimated Total 2006 $900000 $670,000 Estimated : x City Cost i through 2010: { ,- $280,000 i ? $670.000: 2007 2008 101.5% 101.7% 101.5% 103.2% i $80,000 $50,000 670,000 2009 101.2% 104.5% $75,000 2010 2011+ 101.5% 101.6% 106 0% 107.7% $75,000-_,.. $150,000 Total (includes TH & UG) : 472: $1,570,000 $950,000 $80,000: $720,000 $75,000 $75,000: $150,000 0000 2072 2101 2206 FUND 478 In Addition to Facilities Plan ]Professional Services THUG Litigation Case Payment SR 24 Levy Setback Bioxide pilot proiect i 478 : 478 '• 478 : 478 $77,624 $94,834 $25,000 $0 $77,624 $510 $33,000 $75,00035,000 $0 $510 $3,000 • $25,000, $26,1 16 $10,000 $10,000 $0 $20,000 $26,508 $10,000 $20,000 ._$2.6„.932 2055 Subtotal Facility Improvements Phase One Part One (2006-2011) : SCADA improvements Blower Bldq/Blower/E-power Solids Handling Building/Centrifuge procurement Power Distribution Odor control at new SHB Digester Gas Piing pp 0$5 PHASE ONE Total Phase One Part Two (2008-20111_ Professional services (Engineering) UV disinfection • SCADA improvements DAFT Repair Centrate Storage Tanks Grease Receiving Station Trickling Filter Door/Walkway Covers Replacement of secondary scum pumps RAS Pump Improvements Odor Control Improvements/weather protection Upgrade secondary.clarifierlaunders Secondary clarifier spray nozzle installation Phase Two (2012-2018) Retrofit Primarysplit box Refurbish Secondary Clarifier Bull -Gears Replace Secondary Clarifier Skimmer Mech./scum box New secondary Clarifier Retrofit Grit Storage hopper Primary digester Bldg Lighting Replacement Refurbish Daft Air compressor/Pipelines New Primary Digester Raise Intermediate Degritter Center Wall New centrifuge to replace existing unit Replacement of Waste Gas Flare Laboratory/Instrumentation ' : : .; : : ; 478 j 478: , 478 {. 478 ;478 478 I : 478 .. :__.___478_ :_ : 478 I. : 478 : 478 ' 478 478 478 478: 478: 478: 478 !- • 478 • 478: 478'. 478 . 478 a : 478: : 478: 478: 478 : 478: ... 478_,;. 478 I 478: $197,458 .$2.500000 $2,600,000$3,200,900.... $1,000,000 $700,000 $2900,000 $460,000 $85,000 $80,000 _ $246,000 $1,504,000 $195,000 $1 5,000 • $428,000 $130,000 $362,000 ._$3,370,000 $1 18,000 : $49,000: $65,000: $5,384,000: $250,000 $1,196,000 $68,000: $85,000: t $186,134 $6,640,792 ' $450,000 $1,500,00 $750,000 $3,029,462 ' $480,535 `.. $0 $0 $0 $0 $0 $0 $0 $0 l $0 $0 -_$0._ $0 $0 $0 $0 $0 $0 $0 : $38,510 _.. $5,488,319: $1 50000 :...._ : _.,, ! $35,000 $56,116 : $1,152,473 $1 50,000 $3,050,000 $1,500,000 $750,000 , $700,000 $2,329,462 $480,535 $56,_508: ! $300,000: $26,932 • • $3,000,000 ._ r $91,569 $86,182 $265,010 $1,620,224 $210,069 $16,1 59 $461,074 $140,046 $389,974 $3,630,422 $127,119 $52,787 $70,023 $5,800,058 $269,319 $1,288,423 $73,255 $91 569 2182 2221 2223 2224 : : : : Subtotal : 478: $23,790,000: $16,050,789: $5,638,319: $7,152,473 _.$2,.959,997 :, $300,000 $17,683,281 TOTAL 478 (includes TH & UG) { ;_.$23,987,458-,1. $16,236,923 i $5,676,829 $7,187,473 $3,016,113: $356,508 }$17,710,213 page 1 "1 SECTION 4 OPERATION, CAPITAL TRANSFER, AND DEBT SERVICE EXPENSES Operation Expense: Fund 473 contains the Wastewater Division's operating, capital transfer, and debt service expenses. Operation expenses are the day-to-day costs of operating and maintaining (O&M) the wastewater system. The City categorizes its O&M expenses by service units (SU) which reflect functions performed by the wastewater division on the City's wastewater and surface water sewer systems. The Wastewater Department's O&M activities fall into one of the following service units: SU 211 SU 213 SU 215 SU 232 SU 233 Collection System Surface (Storm) Water System Rudkin Road Pumping Station Domestic Treatment Facility Pre -Treatment Monitoring Program Applicable related expenses for the wastewater system, such as vehicle and fleet maintenance charges, are included in the preceding functional categories. Each service unit is charged with an interfund transfer amount for City Services, this covers wastewater system related expenses incurred by other City Departments such as payroll, legal, and finance. SU 211, and SU 233 are charged with an interfund transfer amount for Customer Services, which pays for the cost incurred by the City Customer Services Department, which collects account consumption information and processes the retail customer billings. In projecting operating expenses during the planning period, it is necessary to recognize that expenses of the wastewater system will escalate in response to 1) additional Federal and State mandates which we are required to accommodate; 2) growth in the service area; 3) increasing billed flow rates; and 4) inflation. Each of the service units of the wastewater utility contain operating expenses for personnel salaries and benefits, office and operating supplies, fuel consumed, small tools, chemicals, professional services, 2007 COS Section 4 Page 1 October 21, 2007 communications, transportation and training, advertising, rents and leases, public utility services (primarily .electricity), repairs and maintenance, miscellaneous expenses, state taxes, residual equity transfers (RETs) (purchase additional rolling stock), machinery and equipment repairs, interfund rentals/leases (sinking fund for equipment replacement), insurance, City services (pays for support from other city departments), and customer services (pays for billing of retail accounts). Prior to projected operating and maintenance expenses for the City's wastewater system, past O&M expenses were reviewed to identify whether expense categories were increasing, decreasing or remaining at about the same level. This information was tempered with what we foresee for upcoming mandates related to Surface Water, Domestic Treatment, and Pretreatment. Provision for expenses for professional services, advertising, and prior pensions have been made relative to past expenditures for these categories, and they are not escalated by a fixed percentage per year. Existing Debt Service • .ligations and Coverage Requirements: Portions of the City's existing capital facilities for the wastewater system were constructed using revenue bonds. In exchange for the use of funds, to construct treatment plant and other system facilities, the City makes annual debt service (principal and interest) payments on its revenue bond issues. When the City issued revenue bonds, it covenanted to provide net . revenues (gross revenues minus operating expenses) of the wastewater system for the payment of principal and interest on all parity bonds due in each year equal to 1.40 times the amount of debt service due in the same year. The City's bond covenants require that the operating expenses and debt service must be paid before transfers of money to any other funds of the System can be made and before City utility taxes are transferred to the City general fund. Bond ratings are a major factor in determining interest rates on bond issues, and reductions in debt service coverage for sustained periods of time can jeopardize favorable bond ratings, which the City has enjoyed in the past. The debt service coverage ratio, computed via the covenant provision expressed in the preceding paragraph, is used by rating agency analysis and investors as one of the primary indications of the financial strength and security of the utility. 2007 COS Section 4 Page 2 October 21, 2007 Adequate debt service coverage is also important to the sewer utility as a source of cash flow. Funds remaining after payment of operating expenses and debt service obligations provide needed cash for repairs and replacements to the sewerage system, or for normal capital outlays, or early retirement of debt. On the advice of its financial advisor, and in the interest of obtaining the lowest possible interest costs on its financing, the City has an objective to obtain minimum debt service coverage of 2.0 This debt service coverage of 2.0 is applied to the revenue bond payments and is shown on the enclosed tables. To maintain this 2.0 coverage, rates must be set to generate net system revenues (in excess of the City's annual 0&M expenses) in an amount equal to twice the amount of debt service due in the same year. The following year, the excess revenue generated through maintenance of this coverage ratio is transferred to the Capital Funds. As shown on TABLE 4-8, for this Study, under the . Proposed transfer plan, the scheduled transfers from the 473 Fund to the Capital Funds are set greater than the monetary infusion from debt, coverage requirements. However, under the existing rate structure, by 2008, we are unable to maintain that level of transfer, The City has also been fortunate in obtaining low interest loans from other sources. We presently are making debt service payments on eleven loans from the Washington State Public Works Trust Fund (PWTF) for projects at both the Treatment Facility and within the collection system. Capital expenditures also include cash transfers to the capital funds (472, 476, 478 as shown on TABLE 4-8) and Residual Equity Transfers (RETs). RETs include payments to other city departments for wastewater's portion of a capital expenditure and purchases of additional or replacement rolling stock. Total System Expenses: Operating, capital, and debt service expenses and coverage are allocated to the appropriate service unit. Historical and projected expenses are discussed below and shown on the following tables. SU 211 Collection: In consideration of the objective of a mandatory preventative maintenance program for the collection system: to anticipate problem areas and initiate action before any problems occur; to 2007 COS Section 4 Page 3 October 21, 2007 reduce potential claims for damages resulting from system failures; and in avoidance of future liability costs, Section 10 of the 2000 Wastewater Facilities Plan recommended an increase of 6 full-time staff positions and equipment. Although we acquired the new equipment, we found that through attrition and renewed organization; our crews' productivity has increased significantly without additional staff. Detracting from our added efficiency, assisting the Street Department's pavement rehabilitation and alley restoration program has impacted at least a half-time crew. Also, we currently have one full crew and their equipment on 'loan' to the Surface (Storm) Water Utility. We anticipate the return of this crew in 2008, when the Surface Water Utility will obtain its own funding, staff, and equipment. Our service area is rapidly expanding. Each year, several miles of infrastructure are added for which we are responsible. Due to budget restraints, this Study does not recommend any additional collection maintenance crews during the next three years. However, in order to maintain our existing level -of -service, we see the addition of a two -person crew with equipment in 2011. This report does recommend the addition of a field Utility Engineer position in 2008 (budgeted). This position would be charged with assessing the location and condition of existing infrastructure, scheduling and managing repair/rehabilitation projects, and sizing and layout for all new systems both private and public. This report recommends the expense and duties of this position be shared with the recentky formed Surface (Storm) Water utility. As shown on Table 4-3, budgeted operating expenses of $2,492,380 for 2007 for the collection system are projected to increase by 3.57%- 13.14% per year during the planning period. With the addition of the additional staff, expenses are projected to increase to $3,026,154 by 2010. Collection system expenses represent about 30.8% of total 2007 operating expenses of the sewerage system. This increases to 33.6% by 2010. Capital and debt service expenses include the collection system's share of the outstanding '78/96 revenue bonds, transfers to capital budgets (476), and PWTF debt service payments for collection system construction projects, and residual equity payments on new vehicles and collection system's portion of street construction projects. SU 213 Storm Drainage: The wastewater utility is currently delegated the responsibility of operating and maintaining the City's storm sewer system. Storm Drainage does not yet have any dedicated, unique funding 2007 COS Section 4 Page 4 October 21, 2007 source. Costs associated with this activity are included in rates assessed to City retail wastewater customers. Beginning mid -year 2006, an existing fully equipped wastewater crew was `loaned' to maintenance of surface water infrastructure. As shown on Table 4-4, budgeted operating expenses for the storm sewers for 2007 is $407,758. This Study anticipates the newly formed Surface (Storm) Water utility will have an independent funding source(s) in 2008, thus diminishing its burden on Wastewater rates. However, a $300,000 investment in equipment by this Wastewater service unit for use by Stormwater is scheduled for 2008. The storm water service unit does not presently have any debt service obligation. SU 215 Rudkin Road: The City separately budgets for the Rudkin Road Pumping Station. This is the system's only major lift station. It serves the Union Gap and City and County retail users in the southern portion of the service area. As shown on Table 4-5, budgeted operating expenses of $99,334 for 2007 for the Rudkin Road pumping station are projected to increase by less than 4.0% per year in the planning period and are projected to increase to $108,861 in 2010. We do not anticipate any notable increase in service level of this area during the planning period. These expenses represent about 1.2% of total current operating expenses of the wastewater system Capital and debt service expenses include Rudkin Road's share of the outstanding '78/96 revenue bonds. This bond retires in 2008. SU 232 Treatment Facility: As shown on Table 4-6, budgeted operating expenses for treatment plant operations of the City for 2007 are $4,427,179 and are projected to increase by slightly over 3.0% per year during the planning period and are projected to increase to $4,986,266 in 2010. This increase anticipates the addition of 0.5 FTE Chemist (position to be shared with SU 233 Pre-treatment). Treatment plant operating expenses represent about 54.7% of total 2007 operating expenses of the wastewater system. This increases to 55.3% by 2010. Capital and debt service expenses include the treatment facility's share of the outstanding '78/96, and '91 revenue bonds, transfers to capital budgets (472, 478), PWTF debt service payments for treatment facility construction projects, and the buildup of reserves in Fund 473. It is anticipated that an additional $5.5 million will be borrowed to finance treatment facility construction during the 3 -year period. Debt service 2007 cos Section 4 Page 5 October 21, 2007 payments for this bond will come from this service unit and fund. The timing of this new bond will be after the `78/96 bond is retired in early 2008. Thus, the new bond will have minimal impact on the division's annual debt obligation and wastewater rates. SU 233 Pretreatment Monitoring Fees: This Service Unit was created in 1995 to fund the Federally Mandated Pretreatment Program. With our NPDES Permit of June 2003, the City was mandated to maintain a "Delegated Pretreatment Program". This required additional staff, equipment and other resources. As shown on Table 4-7, budgeted expenses are $667,650 for 2007. As we become more familiar with the obligations and responsibilities of this mandate, we realize the need for additional staff. This study reflects the need for 1.0 FTE permit writer and 0.5 FTE chemist in 2008 (budgeted). The budget projection for 2010 is $898,725. See Section 6 for additional detail on this mandated activity. As indicated on TABLE 4-1, we propose the same 0&M budget with or without the rate increase. Due to reorganization of priorities triggered by mandates and technology, and the independent financing of the Stormwater Utility, the net staffing level decrease 1.226 FTE. Operational expenses due to utilities, and chemicals are set at the minimum level required to meet the Federal, State, and local mandates that guide our operation. Additional revenue from a rate increase will be used to continue our investment in the collection system of our community. This investment brings wastewater service to unsewered neighborhoods, rehabilitates old, failing city infrastructure, and provides cost sharing with private parties to extend sewers to new economic opportunities. Any revenue in excess of Capital transfers will build reserves in the operating Fund (473) Summary: Total operating and maintenance expenses of the wastewater system. excluding the utility tax, are projected to be $8,094,301 for 2007 and are projected to increase by approximately 3.0% per year to $9,020,006 by 2010 (Table 4-2-9Proposed). With the rate increase, total capital transfers and debt service payments are projected to be $6,028,220 for 2007 and increase to $6,781,234 by 2010 (Table 4-2P). This includes a 2.0 debt service coverage on the outstanding revenue bonds. 2007 COS Section 4 Page 6 October 21, 2007 When combined, Operation, Maintenance, and Capital expenditures are projected to be $14122,521 for 2007 and increase to $15,801,240 by 2010. This represents an annual increase of approximately 3%. Without the rate increase, total capital transfers and debt service payments are projected to be $6,028,220 for 2007 and decrease to $5,181,234 by 2010 (Table 4 -2 -(Existing) This would not maintain a 2.0 debt service coverage on the outstanding revenue bonds. When combined, Operation, Maintenance, and Capital expenditures would be projected to be $14,122,521 for 2007 and increase slightly to $14,201,240 by 2010. This represents an annual increase of less than 02%. 2007 COS Section 4 Page 7 October 21, 2007 TABLE 4-1 (Compare) FUND 473 Wastewater Operations and Maintenance Capital program Description 2006 2007 2008 2009 2010 Operating Expenses Existing 7,758,730 8,094,301 8,763,319 8,732,234 9,020,006 Proposed 7,758,730 8,094,301 8,763,319 8,732,234 9,020,006 Additional Revenue 0 0 0 0 0 Debt Service Obligations Existing 3,017,296 3,296,370 3,477,845 3,652,086 3,639,934 Proposed 3,017,296 3,296,370 3,477,845 3,652,086 3,639,934 Additional Debt Service 0 0 0 0 0 Capital Transfers Existing 3,902,309 2,731,850 2,431,850 1,575,850 1,541,300 Proposed 3,902,309 2,731,850 2,431,850 2,525,850 3,141,300 Additional Transfer 0 0 0 950,000 1,600,000 Cumulative Transfers 950,000 2,550,000 10/1' /07 Table 4-2 (Exisitng) FUND 473 WASTEWATER OPERATIONS AND MAINTENANCE EXPENSES includes Staff, Repairs, Debt Service and Capital Transfers Account Description Final Final Final Estimate Estimate Estimate Estimate No. 2004 2005 2006 2007 2008 2009 2010 Budget Test Year OPERATIONS EXPENSES 211 Collection 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956 2,920,541 3,026,154 30.79% 33.55% 213 Storm Drainage 176,890 349,830 271,477 407,758 300,000 0. 0 5.04% 0.00% 215 Rudkin Road 89,917 98,136 95,618 99,334 101,025 104,843 108,861 1.23% 1.21% 232 Treatment Facility 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 54.70% 55.28% 233 Pretreatment 553,651 538,372 632,050 667,650 821,541 876,387 898,725 8.25% 9.96% subtotal Operations 6,900,201 7,481,091 7,758,730 8,094,301 8,763,319 8,732,234 9,020,006 percent increase 8.42% 3.71% 4.33% 8.27% -0.35% 3.30% accumlative increase 8.42% 12.44% 17.31% 27.00% 26.55% 30.72% percent of total budget 56.65% 53.31% 52.86% 57.31% 59.72% 62.55% 63.52% CAPITAL EXPENSES 211 Collection 2,452,299 3,796,452 2,024,631 945,042 2,165,201 1,303,714 1,267,001 213 Storm Drainage 0 0 0 0 0 0 0 215 Rudkin Road 5,688 5,484 5,491 5,554 0 0 0 232 Treatment Facility 2,822,779 2,750,232 4,889,483 5,077,624 3,744,494 3,924,222 3,914,233 233 Pretreatment 0 0 0 0 0 0 0 subtotal Capital 5,280,766 6,552,168 6,919,605_ 6,028,220 5,909,695 5,227,936 5,181,234 percent increase 24.08% 5.61% -12.88% -1.97% -11.54% -0.89% accumlative increase 24.08% 31.03% 14.15% 11.91% -1.00% -1.88% percent of total budget 43.35% 46.69% 47.14% 42.69% 40.28% 37.45% 36.48% TOTAL WW EXPENSE (*) 12,180,967 14,033,259 14,678,335 14,122,521 14,673,014 13,960,170 14,201,240 percent increase 15.21% 4.60% -3.79% 3.90% -4.86% 1.73% 15.21% 20.50% 15.94% 20.46% 14.61% 16.59% (*) does not include utility Tax 10/18/07 Table 4-2 (Proposed) FUND 473 WASTEWATER OPERATIONS AND MAINTENANCE EXPENSES includes Staff, Repairs, Debt Service and Capital Transfers Account Description Final Final Final Estimate Estimate Estimate Estimate No. 2004 2005 2006 2007 2008 2009 2010 Budget Test Year OPERATIONS EXPENSES 211 Collection 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956 2,920,541 3,026,154 30.79% 33.55% 213 Storm Drainage 176,890 349,830 271,477 407,758 300,000 0 0 5.04% 0.00% 215 Rudkin Road 89,917 98,136 95,618 99,334 101,025 104,843 108,861 1.23% 1.21% 232 Treatment Facility 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 54.70% 55.28% 233 Pretreatment 553,651 538,372 632,050 667,650 821,541 876,387 898,725 8.25% 9.96% subtotal Operations 6,900,201 7,481,091 7,758,730 8,094,301 8,763,319 8,732,234 9,020,006 percent increase 8.42% 3.71% 4.33% 8.27% -0.35% 3.30% accumulative increase 8.42% 12.44% 17.31% 27.00% 26.55% 30.72% percent of total budget 56.65% 53.31% 52.86% 57.31% 59.72% 58.57% 57.08% CAPITAL EXPENSES (Debt Service olus Capital Transfers) 211 Collection 2,452,299 3,796,452 2,024,631 945,042 2,165,201 2,253,714 2,867,001 213 Storm Drainage 0 0 0 0 0 0 0 215 Rudkin Road 5,688 5,484 5,491 5,554 0 0 0 232 Treatment Facility 2,822,779 2,750,232 4,889,483 5,077;624 3,744,494 3,924,222 3,914,233 233 Pretreatment 0 0 0 0 0 0 0 subtotal Capital 5,280,766 6,552,168 6,919,605 6,028,220 5,909,695 6,177,936 6,781,234 percent increase 24.08% 5.61 % -12.88% -1.97% 4.54% 9.77% accumulative increase 24.08% 31.03% 14.15% 11.91% 16.99% 28.41 % percent of total budget 43.35% 46.69% 47.14% 42.69% 40.28% 41.43% 42.92% TOTAL WW EXPENSE (*) 12,180,967 14,033,259 14,678,335 14,122,521 14,673,014 14,910,170 15,801,240 percent increase 15.21% 4.60% -3.79% 3.90% 1.62% 5.98% accumulative increase 15.21% 20.50% 15.94% 20.46% 22.41% 29.72% (*) does not include Utility Tax 10/2. Table 4-3 (Existing) COLLECTIONS (Service Unit 21 1) Expenses EXISTING RATES 10/18/07 % benefits 0.29789 0.31297 0.30345 0.31512 0.33720 0.33884 0.34049 Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Y -E Budget Test Year COLLECTIONS SERVICE UNIT 211 OPERATION EXPENSES 100 Salaries and Wages 851,626 917,366 920,626 938,731 1,096,469 1,123,881 1,151,978 1.025 200 Personnel Benefits 253,691 287,108 279,363 295,811 369,725 380,817 392,241 1.030 300 Supplies 81,595 98,059 86,366 104,000 115,150 118,605 122,163 1.030 400 Other services 44,259 41,608 60,953 55,495 58,358 60,109 61,912 1.030 500 Intergovernmental serivces 135,518 179,696 110,460 115,000 115,000 118,450 122,004 1.030 600 Capital Outlays 3,159 0 0 15,000 15,000 15,450 15,914 1.030 900 Interfund Opt Rental 194,738 195,964 152,732 141,521 169,107 174,180 179,406 1.030 960 Insurance/Bonds 234,472 251,698 314,477 287,650 306,698 337,368 371,105 1.100 991 City Services 138,062 149,203 160,577 168,027 176,428 181,721 187,172 1.030 994 Customer Services 319,483 337,351 359,702 371,145 398,021 409,962 422,260 1.030 subtotal Existing Operations 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956. 2,920,541 3,026,154 percent change 8.93% -0.52% 1.93% 13.14% 3.57% 3.62% CAPITAL EXPENSES 488 '78/96 -Bond Redem (P&I) 64,564 63,977 64,056 64,800 0 Future Bonded Debt Sub -total Bonded Debt 64,564 63,977 64,056 64,800 0 0 0 70P/83P Other Debt service 220,436 222,091 218,913 430,242 344,201 338,714 336,551 Future other Debt Sub -total all Debt 285,000 286,068 282,969 495,042 344,201 338,714 336,551 1821 Apple Tree Bond 91,662 150,000 150,000 150,000 150,000 Utility Services System 250,000 250,000 250,000 55A Transfer to 476 Fund 1,600,000 2,750,000 1,050,000 300,000 921,000 50,000 0 5CT Connection Charge Transfers (476) 567,299 760,384 600,000 0 500,000 515,000 530,450 1.030 Total Capital 2,452,299 3,796,452 2,024,631 945,042 2,165,201 1,303,714 1,267,001 Total SU 211 4,708,901 6,254,505 4,469,887 3,437,422 4,985,157 4,224,255 4,293,155 percent change 32.82% -28.53% -23.10% 45.03% -15.26% 1.63% 10/18/07 Table 4-3P (Proposed) COLLECTIONS (Service Unit 21 1) Expenses 10/ 7 % benefits 0.29789 0.31297 0.30345 0.31512 0.33720 0.33884 0.34049 Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Y -E Budget Test Year COLLECTIONS SERVICE UNIT 211 _ OPERATION EXPENSES 100 Salaries and Wages 851,626 917,366 920,626 938,731 1,096,469 1,123,881 1,151,978. 1.025 200 Personnel Benefits 253,691 287,108 279,363 295,811 369,725 380,817 392,241 1.030 300 Supplies 81,595 98,059 86,366 104,000 115,150 118,605 122,163 1.030 400 Other services 44,259 41,608 60,953 55,495 58,358 60,109 61,912 1.030 500 Intergovernmental serivces 135,518 179,696 110,460 115,000 115,000 118,450 122,004 1.030 600 Capital Outlays 3,159 0 0 15,000 15,000 15,450 15,914 1.030 900 Interfund Opt Rental 194,738 195,964 152,732 141,521 169,107 174,180 179,406 1.030 960 Insurance/Bonds 234,472 251,698 314,477 287,650 306,698 337,368 371,105 1.100 991 City Services 138,062 149,203 160,577 168,027 176,428 181,721 187,172 1.030 994 Customer Services 319,483 337,351 359,702 371,145 398,021 409,962 422,260 1.030 subtotal Existing Operations 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956 2,920,541 3,026,154 percent change 8.93% -0.52% 1.93% 13.14% 3.57% 3.62% CAPITAL EXPENSES 488 '78/96 -Bond Redem (P&I) 64,564 63,977 64,056 64,800 0 Future Bonded Debt Sub -total Bonded Debt 64,564 63,977 64,056 64,800 0 0 0 70P/83P Other Debt service 220,436 222,091 218,913 430,242 344,201 338,714 336,551 Future other Debt Sub -total all Debt 285,000 286,068 282,969 495,042 344,201 338,714 336,551 1821 Apple Tree Bond 91,662 150,000 150,000 150,000 150,000 Utility Services System 250,000 250,000 250,000 55A Transfer to 476 Fund 1,600,000 2,750,000 1,050,000 300,000 921,000 1,000,000 1,600,000 5CT Connection Charge Transfers (476) 567,299 760,384 600,000 0 500,000 515,000 530,450 1.030 Total Capital 2,452,299 3,796,452 2,024,631 945,042 2,165,201 2,253,714 2,867,001 Total SU 211 4,708,901 6,254,505 4,469,887 3,437,422 4,985,157 5,174,255 5,893,155 percent change 32.82% -28.53% -23.10% 45.03% 3.79% 13.89% 10/ 7 Table 4-4 STORM DRAINAGE (Service Unit 213) Expenses Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Budget Test STORM WATER SERVICE UNIT 213 Year OPERATION EXPENSES * 100 Salaries and Wages 77,467 147,474 123,507 139,010 0 0 0 1.025 200 Personnel Benefits 22,399 _ 37,168 32,843 40,007 0 0 0 1.030 300 Supplies 1,896 3,331 4,636 6,225 0 0 0 1.030 400 Other Services 1,774 7,585 13,445 29,723 0 0 0 1.030 500 Intergovernmental Services 0 0 0 57,100. 300,000 0 0 1.030 600 Capital Outlays 0 76,219 18,064 36,492 0 0 0 1.030 900 Interfund Rentals/Leases 30,880 30,146 23,010 44,000 0 0 0 1.030 960 Insurance/Bonds 23,647 27,561 34,075 32,288 0 0 0 1.100 991 City Services 18,827 20,346 21,897 22,913 0 0 0 1.030 Subtotal existing program 176,890 349,830 271,477 407,758 300,000 0 0 percent change 97.77% -22.40% 50.20% In 2008, Program establishes own funding source 9/25/07 Table 4-5 RUDKIN ROAD (Service Unit 21 5) Expenses Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Budget Test Year RUDKIN ROAD SERVICE UNIT 215 OPERATIONS EXPENSES 100 Salaries and Wages 18,712 19,695 16,725 17,038 17,776 18,220 18,676 1.025 200 Personnel Benefits 5,535 5,783 4,612 4,964 5,371 5,532 5,698 1.030 300 Supplies 1,731 7,327 1,542 3,193 4,320 4,450 4,583 1.030 400 Other Services 14,717 15,382 16,834 16,771 17,844 18,379 18,931 1.030 500 Intergovernmental Services 0 0 0 0 0 0 0 1.030 600 Capital Outlays 0 0 0 0 0 0 0 1.030 900 Interfund Rentals/Leases 30,116 29,139 32,824 32,644 29,563 30,450 31,363 1.030 960 Insurance/Bonds 8,438 9,281 10,673 11,740 12,518 13,770 15,147 1.100 991 City Services 10,668 11,529 12,408 12,984 13,633 14,042 14,463 1.030 Total Operations 89,917 98,136 95,618 99,334 101,025 104,843 108,861 percent change 9.14% -2.57% 3.89% 1.70% 3.78% 3.83% CAPITAL EXPENSES 559 '78/96 Bond Redemption 5,688 5,484 5,491 5,554 0 Total Capital 5,688 5,484 5,491 5,554 0 0 0 Total SU 215 95,605 103,620 101,109 104,888 101,025 104,843 108,861 percent change 8.38% -2.42% 3.74% -3.68% 3.78% 3.83% 9/2 Table 4-6 TREATMENT FACILITY (Service Unit 232) Expenses Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Budget Test TREATMENT FACILITY SERVICE UNIT 232 Year OPERATIONS EXPENSES 100 Salaries and Wages 1,619,952 1,735,464 1,820,293 1,826,805 1,940,933 1,948,456 1,997,168 1.025 200 Personnel Benefits 453,485 477,571 509,449 588,338 615,210 633,666 652,676 1.030 223 Prior Pension 3,108 3,108 3,108 3,108 3,108 3,108 3,108 1.000 300 Supplies 274,085 300,577 376,190 345,000 365,259 376,217 387,503 1.030 400 Other Services 577,839 570,509 640,666 661,287 737,279 759,397 782,179 1.030 500 Intergovernmental Services 161,466 152,976 187,635 170,000 175,000 180,250 185,658 1.030 600 Capital Outlays 0 7,561 0 10,000 10,000 10,300 10,609 1.030 900 interfund Rentals/Leases 93,773 93,527 56,289 56,205 65,155 67,110 69,123 1.030 960 Insurance/Bonds 217,089 238,980 229,479 252,427 269,144 296,058 325,664 1.100 991 City Services 422,343 456,427 491,220 514,009 539,709 555,900 572,577 1.030 Sub -total Operations 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 percent change 5.59% 6.88% 2.62% 6.63% 2.32% 3.23% CAPITAL EXPENSES 488 Existing Bonded Debt 2,162,782 2,152,402 2,153,498 2,148,565 1,848,682 1,851,680 1,845,603 Future Bonded Debt 225,000 460,927 460,927 Sub -total Bonded Debt 2,162,782 2,152,402 2,153,498 2,148,565 2,073,682 2,312,607 2,306,530 83P Existing Other Debt 426,946 424,999 421,104 417,209 538,962 479,765 475,853 83P Future Other Debt Sub -total all debt 2,589,728 2,577,401 2,574,602 2,565,774 2,612,644 2,792,372 2,782,383 55D Transfer to 472 Fund 131,850 131,850 131,850 131,850 131,850 131,850 131,850 STH/5UG Transfer to 478 Fund 101,201 40,981 83,031 80,000 121,000 121,000 121,000 55A Transfer to 478 Fund 1,800,000 1,600,000 479,000 467,000 454,640 5CT Connection Char•e Transfers 478 0 0 300,000 700,000 400,000 412,000 424,360 1.030 Total Capital 2,822,779 2,750,232 4,889,483 5,077,624 3,744,494 3,924,222 3,914,233 TOTAL SU 232 6,645,920 6,786,932 9,203,812 9,504,803 8,465,291 8,754,685 8,900,499 percent change 2.12% 35.61% 3.27% -10.94% 3.42% 1.67% 9/30/07 Table 4-7 Pretreatment Program (Service Unit 233) Expenses Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Budget Test Year 100 Salaries 332,491 325,765 389,153 419,574 525,769 538,913 552,386 1.025 200 Personnel Benefits 101,521 103,952 118,500 139,704 176,467 181,761 187,214 1.030 300 Supplies 6,592 7,809 10,453 12,400 12,600 12,978 13,367 1.030 400 Other Services 30,287 32,456 35,257 25,999 26,593 50,000 50,000 1.030 500 Intergovernmental Services 16,604 0 0 0 0 0 0 1.030 600 Capital Outlays 8,348 0 0 6,102 5,000 15,150 15,605 1.030 900 Interfund Rentals 3,688 4,424 3,698 3,631 11,256 11,594 11,941 1.030 960 Insurance/Bonds 6,587 12,840 20,070 2,936 3,130 3,443 3,787 1.100 991 City Services 37,653 40,692 43,794 45,825 48,116 49,559 51,046 1.030 994 Customer Services 9,881 10,434 11,125 11,479 12,610 12,988 13,378 1.030 TOTAL SU 233 553,651 538,372 632,050 667,650 821,541 876,387 898,725 % Change -2.76% 17.40% 5.63% 23.05% 6.68% 2.55% 9/2r TABLE 4-8 Transfers from Operating Fund (473) to Capital Funds (472, 476, 478) 10/21/07 2006 2007 2008 2009 2010 2.0 Debt Coverage on Bonded Debt TOTAL $2,223,045 $2,218,919 $2,073,682 $2,312,607 $2,306,530 TRANSFERS (PROPOSED) FROM 473 OPERATING FUND 473 to 472 $131,850 $131,850 $131,850 $131,850 $131,850 473 to 476 $1,050,000 $300,000 $921,000 $1,000,000 $1,600,000 WCC to 476 $620,459 $0 $400,000 $412,000 $424,360 473 to 478 $1,800,000 $1,600,000 $479,000 $467,000 $454,640 WCC to 478 $300,000 $700,000 $400,000 $412,000 $424,360 Total Operating Transfers $3,902,309 $2,731,850 $2,331,850 $2,422,850 $3,035,210 Transfers in excess bf Debt Coverage (from rates + Connection Charges) $1,679,264 $512,931 $258,168 $110,243 $728,680 TRANSFERS (EXISTING) FROM 473 OPERATING FUND 473 to 472 $131,850 $131,850 $131,850 $131,850 $131,850 473 to 476 $1,050,000 $300,000 $921,000 $50,000 $0 WCC to 476 $620,459 $0 $400,000 $412,000 $424,360 473 to 478 $1,800,000 $1,600,000 $479,000 $467,000 $454,640 WCC to 478 $300,000 $700,000 $400,000 $412,000 $424,360 Total Operating Transfers $3,902,309 $2,731,850 $2,331,850 $1,472,850 $1,435,210 Transfers in excess of Debt Coverage (from rates + Connection Charges) $1,679,264 $512,931 $258,168 ($839,757) ($871,320) Increased Transfers $0 $0 $0 $950,000 $1,600,000 10/21/07 Table 4-9 Existing + Proposed Wastewater System Debt Servcie 9/24P' - Pa,'of3 .•.-, Year•:.:• Total . . , Total .-.-. .'•'. Total First Total Total ..... Total :•:.: Total . First • • • ,.... '•:::: Wastewater Wastewater TOTAL ::::: Wastewater Priority Collection Rudkin Road Treat. Fac. ::: Treat. Fac. .... Priority •••:. :*:.. Debt Debt :::: Debt Debt SU211 SU215 ... SU232•'.:. SU232 .... Debt ....:i: •::::. Service Coverage EXISTING Obligation ::::: Service 2.0 Debt Sery Debt Sery ..... Debt Sery •:•:. Debt Sery • 2.0 Check . •'.. EXISTING . •:-:• EXISTING ... EXISTING EXISTING EXISTING EXISTING :•:.: NEW ..... NEW Column :.•.:. + NEW + NEW ... •:•:• •:•••• includes ... ..... *•:.: • ;.:.: new reserve Y -E 2006 Prin. •::::: 39,174,373 29,921,175 69,095,548 ::::: 25,374,373 18,421,175 4,298,007 10,275 21,066,091 •:::: 13,800,000 ... 11,500,000 .:::: •:•:.: ,.... ..... ... •:•:. .:::: 2,978,589 2007 :::i:, 2,978,589 2,218,919 5,197,508 ::::: 2,978,589 2,218,919 407,260 5,554 2,565,774*i: 0 0 2,998,519 2008 :: 2,998,519 2,073,683 5,072,202 ::::: 2,728,519 1,848,683 340,876 0 2,387,644::::: 270,000 225,000::::: 3,223,271 2009 '.;::: 3,223,271 2,312,607 5,535,878 :: 2,670,159 1,851,680 338,714 0 2,331,445 ::::. 553,112 460,927,: 3,211,117 2010 .::::: 3,211,117 2,306,530 5,517,647 ::: 2,658,005 1,845,603 336,551 2,321,454::::: 553,112 460,927:: 3,210,544 2011 '::::, 3,210,544 2,312,033 5,522,578 ::;: 2,657,432 1,851,106 334,389 2,323,O43:: 553,112 460,927 3,301,496 2012 ,:•.i: 3,301,496 2,323,011 5,624,507 ::::i 2,130,830 1,347,456 315,351 1,815,479::::: 1,170,666 . 975,555:::: 3,187,680 2013 .*:. 3,187,680 2,323,949 5,511,628 *i: 2,063,106 5,285,823 ::.* 1,885,593 1,348,394 1,346,194 251,460 249,711 ... 1,811,647::::: 1,124,573 975,555 2,964,074 2014 ::.::. 2,964,074 2,321,749 1,635,883 ;:i::• 1,078,481 975,555:: 2,921,306 2015 .:::' 2,921,306 2,324,305 5,245,611 ::: 1,842,826 1,348,750 207,412 1,635,414::::: 1,078,481 975,555 ::i.; 2,714,639 2016 ..'.-. 2,714,639 2,320,805 5,035,444 :...:: 1,636,158 1,345,250 169,008 1,467,150 :::.: 1,078,481 975,555 :... 2,609,620 2017 ::::. 2,609,620 2,320,305 4,929,925 ::::: 1,634,065 1,344,750 167,990 1,466,075::::: 975,555 975,555::::: 2,610,276 2018 ' 2,610,276 2,322,555 4,932,831 :.;:i: 1,634,721 4,930,737 ::: 1,632,877 1,347,000 1,346,750 166,971 165,952 , .. 1,467,750 ::::; 975,555 975,555 : 2,608,432 2019 :: 2,608,432 2,322,305 1,466,925::::: 975,555 975,555:: 2,609,088 2020:::::, 2,609,088 2,324,555 4,933,643 :*:. 1,633,533 1,349,000 164,933 1,468,600 :: 975,555 975,555:: 2,606,994 2021 .i:i:i 2,606,994 2,324,055 4,931,049 : 1,631,439 1,348,500 163,914 1,467,525:: 975,555 975,555: 2,602,150 2022 .::.::: 2,602,150 2,320,805 4,922,955 *?. 1,626,595 1,345,250 162,895 1,463,700 :*:. 975,555 975,555*i: 2,560,337 2023 :::.:: 2,560,337 2,324,805 4,885,142 :: 1,584,782 1,349,250 117,657 1,467,125 :*: 975,555 975,555:: 1,209,935 2024 .]*: 1,209,935 975,555 2,185,490 •:::: 234,380 0 117,080 117,300::::: 975,555 975,555 1,208,784 2025 :i: 1,208,784 975,555 2,184,339 ::i:: 233,229 116,504 116,725 :i* 975,555 975,555 1,207,632 2026 '::i:' 1,207,632 975,555 2,183,187 •:i:i 232,077 115,927 116,150::::: 975,555 975,555: 1,091,130 2027 :::.::.: 1,091,130 975,555 2,066,685 :"..* 115,575 0 115,575 :i:i 975,555 975,555 761,393 2028:::::: 761,393 761,393 1,522,786 :: 0 0 0 :*: 761,393 7€1,393:: 514,628 2029 •::::: 514,628 514,628 1,029,256 ::'..: 0 0 0::::: 514,628 514,628:: 514,628 2030 .•.*. 514,628 514,628 1,029,256 i:::: 0 0 o:: 514,628 514,628: 514,628 2031 ':::;: 514,628 514,628 1,029,256 ::::: 0 0 0:: 514,628 514,628':::: 0 2032 ,::::: 0 0 0:if.) 0 0 ... 0 0 o:: ... : :•:.: 55,940,890 TOTAL ::•:' 55,940,890 45,304,474 101,245,363:::.; 35,444,490 25,782,536 4,410,552 5,554 31,028,383::::: 20,496,400 ... 19,521,938::::: .:: .. ::::: ,•... .. • • ... .. ..... ..... .:.:. .... 9/24P' - Pa,'of3 Table 4-9 Existing + Proposed Wastewater System Debt Servcie Year :.:.: 1991/98 1991/98 : 1978/96 1978/96 1978/96 1978/96 1978/96 :.:.. 1988 1991 1992 1995 1993 .. Revenue Treat. Fac. ::::- 100% Collect. Rudkin Rd. Treat. Fac. •:.: I.W. :•:.: PWTF PWTF . PWTF .::: PWTF PWTF •:::. SU232 ::::: SU211 SU215 SU232 ... SU234 ::::: SU232 .....: SU211 SU211 ::::, SU211 ::::: SU232 ::•.:. Bond 91.75% ::::: Sewer 1 7.50% 1.50% 76.60% 4.40% ::::: Treat. Fac.::::: Collections ::.:: Collections :::: Collections :: Treat. Fac. :.. .:., ::.:. .. ... ... .. ,.% trans to 232 in 2002 ::::' Proj. 1300 ::::: Proj. 1455 :::;: Proj. 1497:::::: Proj. 1526 ::::: Proj. 1566 •:::. .. ... ••••• .. 81.00% .. ... 0% :•:.:Pipe Humphrey •:•:• PPL Canal ::::: #1 ::::: I-82/Race •:•••• B.S. Pad ••••• ..., ..,.... ..... :•••••• ,..: :•:::: •••• •:.:. :•:.: " ' Prin. .: 2,410,000 2,211,175 :::: 685,000 119,875 10,275 554,850 0111 158 :::•*: •••••• 84 375 ::::: 370 386 ::•:: 232,290 ::::: 1,193,538 :::: ..% 1 ..... •• . •:•:. ..... • • ' ... ...., ... . ::::: ... 2007 :.:.: 545,235 500,253 i'..:: 370,285 64,800 5,554 299,931 ... 0 :.:.: 56,691 .:•:. 16,875::::: 65,435 :•••• 25,641 ::::: 182,441 ••,::,: ..... 2008 ::547,195 ..., 502,051 ::::: 0 0 0 0 •••• 0 ::::: 55,857 ::::: 16,875 ::::: 64,818 ::::: 25,641 ::::: 180,736:::: 2009 i:::. 549,195 503,886 ::,::: ... , .. , ...., .. ..::: 16,875 ::::: 64,200 ..,:::: 25,641 ::::. 179,031 :•:. 2010 ::::. 543,825 498,959 :: ... .. •:•:: :•:.: 16,875 ::::: 63,583 ::::: 25,641 ::::: 177,326: 2011 ::::: 547,575 502,400::::: ... ... .••• •:•:; i:::: 16,875 ::::: 62,966,:::•' 25,641 ::•••• 175,621 ::••••• 2012 :•:•: • • • .. ... ••••• .. . ..... ... :•:.: 62,348 ''.:::' 25,641 ::•:. 173,916 ... .... 2013 ::::: ::::: ..... .. ..... ••• ..... .:•:- :::::: 25,641 ::::: 171,355 :::: 2014 •::'. ..... ... .. ,,: .. .. ••••• ...... ... :•:.: :::: 25,641 .•.• 2015 ::::: .. ::•:.. ..... ::•:. ::::: 25,641 ::: .•.• ..... ..... .•.• .. .. 2016::::.: . ••• ..• .,... .•• ..,. . •:•:: :•:.: ::•:. .. ••• • .•.• ••••. .•.• 2017 ::: ••••• ••• .:•:. ... •• •:•:. • • •.• ..... ...•• • • ..., ... 2018 ;;: ' • • ••••• •:•:. .••• ... ... .... ..... .... ••••• • ' •:.: 2019 i::::••• • • •• ... .•• " ••' .•.•. ...• •. ... •••• ' ..... •:.: : • ...: 2020 ::::: ..... • ••• ..: •:.:. ••••• ''.' .•.• •- ..... ... • " •'• .. 2021 :•:.: .. " ' .. ..... ..%* ..... ••••• •••• •:•:: •••• ::.:. ..... '.' .::. 2022 :: ::::: '..... .. ... ••• .. ••••• ... ••••• ... 2023 i,: ••••• ,....... ..•.•••.. ... ••••• •:•:. ,..... 2024 ::::: ,:::: •..:...:: ..... .... . .:. :. •.... •• ..... ..... .. 2025 :::-: . ... ••••• • • • • • ..... :•:.: .•••• •••• .. •:•:: • • .:•••• ••••• ... •:.: :.. 2026 ::: ... ••••• .... ..... ..% ... ... ... 2027 ;:::: .. • • •• :••• •' ,.. .• ..... .. ••... 2028 ::::: :::• •:.:: ••. ... .. ..... •:. ..... .., 2029 ::: • • : :: .... .. • •••• *••• • ... • ' .. 2030 :•:.' , .. ••••• .. .. ..... ,.... ,.., ..... *.: ., ...% 2031 ::::: .. • ••••. ••. • • • .:•:. ... .•••• ..... 2032 ::::: . .. .••••. • • • • • . .. . ... .,. •• , .. ••• ..... ... •:.: ,.% .. .. • . • ' • ..... ... ..... ..... ..... • • .•.•. .... ; . TOTAL ::::: 2,733,025 2,507,550.:::: 370,285 64,800 5,554 299,931 0 112,548 ::::: 84,375:x. 383,350 ; 230,765 :::.; 1,240,426 • • • ..... ...•. .. :•:.' ...•. .. .... :•:.: •:•:. .. ..... •••• '•••• ....% - 9/24/07 Page 2 of 3 Table 4-9 Existing + Proposed Wastewater System Debt Servcie Year ::::: 1993 1995 1995 2001 2003 2003 2005 2006 2007 2011 PWTF PWTF PWTF PWTF ::: Series "A" RB ::::: Series "B" RB i... PWTF PWTF . RB RB SU211 SU232 ; SU211 SU211 ::::: SU 232 ::::: SU 232 ::::: SU211 •: SU 232 SU 232 SU 232 Collections ::::: Treat. Fac. •:•:: Collections ::::: Collections :: Treatment ::::. Treatment ::::: Collections :: :: Treatment ::::: Treatment Treatment :: Proj. 1616 ::::: Proj. 1638 ::::: Proj. 1710 ::::: Proj. 1918 ::::: Litigation ::::: Proj. 2055 ::::: Proj. 2128 :: :: Proj. 2182 ::::: XXX -1 XXX -2 ••::: Pipes #2 ::::: IMCO ::::: King St. ::::: 24th & i:::: 7,462,135 ::::: 10,610,521 ::::: River Rd. ::.:: Ultra Violet ::::: REQUIRED ..... REQUIRED ' • • •:•:. .;•:: Jerome ::::: ::::: 15,525,000 ::::: ::::: Disinfection ::::: IMPROVEMENTS ::::: IMPROVEMENTS ... Prin. ••••• 327,192 :::: 1,470,370 ::::: 105,166 ':::: 751,723 ::::: 4,914,479 ::::: 10,610,521 ::::: 2,307,000 ::::: 2,300,000 ::::: 5,500,000 ::::: 6,000,000 ::::: ::::: ,.... ::::: • • ' • • •::. .•... ::::: ... ... ••••• ..... 2007 ::•:. 44,171 ::::: 178,077 ::::: 12,737 ••::: 51,294 ::::: 846,431 ::::: 501,950 :ff.: 126,308 ::::: 0 ::::: 0 .... , 2008 ::::: 43,762 ::::: 176,443 ::::: 12,620 ::::: 50,852 ::::: 844,681 ::::: 501,950 ::::: 126,308 ::::: 125 225000 ,925 ::::: 2009 ::::: 43,353 :".::: 174,809 ::::: 12,503 ::::: 50,410 ::::: 845,844 ::::: 501,950 ::::: 125,732 ::::: 125,925 ::::: 460,927 2010 ::::: 42,944 ::::.; 173,175 ::::: 12,386 :;:i: 49,967 ::::: 844,694 ::::: 501,950 ::::: 125,155 ::::: 125,350 ::::: 460,927 2011 :•:•; 42,535 ::::: 171,541 ::::: 12,269 ::::: 49,525 ;:::: 846,756 ::::: 501,950 ::::: 1.24,578 ::::: 124,775 ::::: 460,927 2012 ::::: 42,126 ::::: 169,907 ::::: 12,152 ::::: 49,083 ::::: 845,506 ::::: 501,950 :::*.i 124,001 ::::: 124,200 ::::: 460,927 ::::: ,927 ::::: 514,628 2013 ::::: 41,717 ::::: 168,273 ::::: 12,036 ::::: 48,641 ::::: 846,444 ::::: 501,950 ::::: 123,425 ::::: 123 460 ,625 ::::: 514,628 2014 ::::: 41,104 i:::: 166,639 ::::: 11,919 :.:* 48,199 :::i: 264,244 :i:i: 1,081,950 :i:i: 122,848 *..:: 123,050 i:i:i 514,628 2015 :::.:: ::::: 164,189 ::::: 11,743 ::::: 47,757 ::::: •".• 1,348,750 ::::: 122,271 ::::: 122,475 ::::: 44660%922; :::::::: 514,628 2016 ;:;:: ::::: ::::: ::::: 47,314::::: :•:.: 1,345,250 ::::: 121,694 ::::: 121,900 ::::: 460,927 ::::: 514,628 514,628 2017 ::::: :.::.::. ::::: ... ,:•:- 46,872 ::::: ::::: 46,430 ::::: 1,344,750 ::::: 121,118 ::::: 121,325 ::::: 460,927 ::::: 2018 ::::: .:.: ::::: ::::: 1,347,000 ::::: 120,541 ::::: 120,750 ::::: 460,927 ::::: 514,628 ..: •.., 514,628 2019 ::::: ::::: ::::: 45,988 ::::: 1,346,750 ::::: 119,964 ::::: 120,175 ::::: :•::: 460,927 ::::: 2020i:::: •:•:. ... ::::: ::::: 45,546 ;:::: ;:::: 1,349,000 ::::: 119,387 ::::: 119,600 ::::: 460,927 ::::: 514,628 2021 i'..:: ,.. ::::: ::::: 45,103 ::::: :•:.: 1,348,500 ::::: 118,811 ::::: 119,025460927 514,628 2022 ::::: ::::: ::::: ::::: 44,661 ::::: ::::: 1,345,250 ::::: 118,234 ::::: 118,450 ::::: ,::::: 460,927 ;:::: 514,628 2023 ::::: . • • • • •:::: ::::: ::::: ::::: 1,349,250 ::::: 117,657 ::::: 117,875 ::;:i 514,628 .. 446600992277 :::::::: 2024 ::::: • .. . . . : : ::::: ::::: ::::: 0 ::::. 117,080 ::::: 117,300 ..;i:: 514,628 2025 ::::: : : : • • ... •:.". ::::: ::::: ..... ••. • • • 116,504 ::::: 116,725 ::::: 460,927 ::::: 514,628 '..::: 115,927 :.:::::::::: 111165517505 :::::::::: 514,628 2026 ::::.: ::::: :;::: .i: ::::: 460,927 ::::: 514,628 2027 ::::: ::::: ::::: ::::: ::::. • • ' •:.:. 460,927 ::::: ..: 2028 ::::: ::: ::::: ::::: ::::: ::::: ::: :•:.: 514,628 2029 ::::: ::::: ,•:.: ::. : 246,765 ::::: 514,628 •• :.:.: ••. ..: •:•:. •:.:. ::::: 2030 ::::: •:•:. ... • • ::::: ::::: •:::- ..... ::::: 514,628 2031 ::::: ::::: :•:.: ::::: ::::: •:•:. ::::: ::-. 514,628 ::::: .. ::::: ::::: ::::• ::: .*: 2032 ::::: : : : :: 0 ::::: :...:•: • • • • • • • ::::: :•:.: ::::: f. . TOTAL ::::: 341,712 ::::: 1,543,053 ::::. 110,365 ::::: 767,642 i:::: 6,184,600 ::::: 16,720,100 .:::. 2,427,543 ::••• 2,420,175 ::•:. 9,229,378 "::::: 10,292,560 22,904,700 ., •:•:. .• • ... ..... ::::: :•:.: •:•:. ..:.: :•:.: ' • ' , .. • • .•.•. 9/24/ P'-- of 3 SECTION 5 PLANT FLOWS, POLLUTANT LOADING, and CUSTOMER ACCOUNTS Billable Flows: Staff analyzed records of flow, strong waste loading and number and size of meters (accounts), during the period 2001 through 2006. Table 5-8 indicates what 2006 data was estimated by the 2001 COS. Table 5-8 also indicates what annual rate of change would have yielded the actual results. Also shown are the estimated annual percent changes utilized by this COS. Recent annexations have had a significant impact on the allocation of Yakima City and Yakima County retail accounts. In 2001, over 2,300 or 11% of the retail accounts were outside City (County) customers. Today, only 43 (0.17%) are outside. As annexations continue to lead or follow close behind development, we do not expect this percentage to change notably during the near term. Using data from 2001 through 2006 billings, we estimate an annual increase in City and County retail accounts of 1.25%. Staff also analyzed flow data from the municipal wholesale customers (Terrace Heights and Union Gap). Staff predicts Union Gap's flow to increase at an annual rate of 2.5% for the near future. Staff predicts Terrace Height's flow to increase at an annual rate of 1.5% for the near future. However, due to the addition of flow from Moxee scheduled for early 2008, the total flow from Terrace Heights could increase by up to 50% during the period covered by this report. These flow projections are shown on TABLE 5-1. TABLE 5-2 demonstrates the percent of each basic customer's allocated capacity used in 2006. Staff projected this information for 2008 by using the information from TABLE 5-1. The permitted hydraulic capacity of the Treatment Facility is shown on TABLE 5-2 as 21.5 million gallons per day. The limiting factor of the current plant configuration, which determines hydraulic capacity while meeting permit requirements, is the plant's ability to nitrify and meet ammonia removal requirements. See Section 4, 478 Fund and the 2004 Wastewater Facility Plan. 2007 COS Section 5 Page 1 10/21/07 Total Plant Flow: The Yakima Irrigation Division is well into their major rehabilitation project. Due to their efforts, combined with our manhole rehabilitation and other Infiltration/Inflow (1/1) activities, we are witnessing benefits through a decrease of influent flow. TABLE 5-8 shows that the total plant flow decreased at an annual rate of -1.5% from 2001 to 2006. Billable flows were up 2.0% during the same periods. Staff projects the combination of increased billable flow and the continued effort with the Irrigation rehabilitation and Wastewater's 1/1 program to result in total plant flow as indicated on TABLE 5-1. Billable flows are increasing at approximately 1.5% and the total plant flow is increasing at approximately 1.25% through 2010. TABLE 5-3 and CHARTS 5-3A, 5-3B, 5-3C, and 5-3D indicate: total treatment facility influent flow, total Rudkin road lift station flow, total BOD, and total TSS respectively for each month during the period 2002 through September 2007. Pollutant Loading: Although wastewater staff tests for and are concerned with over 150 different possible pollutants, the large majority of our current treatment expense is concerned with only four: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), Fats, Oils, and Grease (FOG), and Ammonia. The increase in Strong Waste loading at the Treatment Facility has moderated during the past several years. Pre-treatment staff has spent a tremendous amount of time communicating with the source of these pollutants. During the period 2001 through 2006, BOD increased only at a modest 0.70% annually, far below the 5.6% annual increase predicted in the 2001 COS. TSS also increased more modestly than predicted. TABLE 5-4 shows historical and projected Total Annual loadings for BOD and TSS through the planning period. Including the Del Monte loadings, staff has predicted an approximate 1.15% annual increase for BOD. A 1.23% annual increase is predicted for TSS through the planning period. 2007 COS Section 5 Page 2 10/21/07 Customer Accounts: TABLE 5-5 and 5-6 lists the historical and projected number of wastewater accounts for both City and County retail customers. The recent Annexations have had a significant impact on the distribution of accounts. The number of accounts predicted for each billing category is displayed on TABLE 5-5. The number of accounts per each size of water meter is displayed on TABLE 5-6. TABLE 5-7 indicates the Number of Meter Equivalents. As stated in the AWWA M-1 Manual: "Customer -related costs for meters and services may be properly distributed among user classes by recognizing factors that are generally responsible for those costs being incurred.... Distribution of customer costs by equivalent meter and service ratios recognizes that meter and service costs vary depending on considerations such as size of service pipe, materials used and other local characteristics for various sized services. For the purposes of this example, typical customer meter -and -service equivalent ratios based on investment are as follows: Size AWWA Factor 3/4" 1.00 1" 1.27 1.5" 1.64 2" 2.64 3" 10.00 4" 12.73 6" 19.10 8" 26.36 10" 52.72" These equivalent factors are utilized when calculating the "Ready -to - Serve" element of the bimonthly service charges. 2007 COS Section 5 Page 3 10/21/07 Table 5-1 Historical and Projected Billed and Total Flows Treatment Plant and Rudkin Road User Group 2004 2005 2006 2007 2008 2009 2010 Multiplier actual actual actual estimate estimate estimate estimate City Retail UOC 3,963,700 3,698,957 3,771,697 3,848,272 3,909,797 3,968,443 4,027,970 (Billed Flow) MG 2,964.85 2,766.82 2,821.23 2,878.51 2,924.53 2,968.40 3,012.92 % change -6.68% 1.97% 2.03% 1.60% 1.50% 1.50% 1.50% (1) (1) County Retail UOC 58,777 68,538 30,288 10,591 6,854 6,922 6,992 (Billed Flow) MG 43.97 51.27 22.66 7.92 5.13 5.18 5.23 % change 16.61% -55.81% -65.03% -35.29% 1 00% 1.00% 1.00% 96 retail flow 1 46% 1.82% 0.80% 0.27% 0.1796 0.1746 0.17% Total City & County UOC 4,022,477 3,767,495 3,801,985 3,858,863 3,916,650 3,975,366 4,034,962 MG 3,008.81 2,818.09 2,843.88 2,886.43 2,929.65 2,973.57 3,018.15 % change -6.3496 0.9296 1.5096 1.50% 1.50% 1.50% (2) Terrace Heights UOC 217,767 250,388 224,826 228,199 331,622 336,596 341,645 (includes Moxee) MG 162.89 187.29 168.17 170.69 248.05 251.77 255.55 %change 14.98% -10.2196 1.5046 45.3296 1.50% 1.50% 1.50% Union Gap UOC 318,623 325,789 328,142 336,345 344,754 353,373 362,207 MG 238.33 243.69 245.45 251.59 257.88 264.32 270.93 % change 2.25% 0.7296 2.5096 2.50% 2.50% 2.50% 2.50% Total Billed UOC 4,558,867 4,343,671 4,354,953 4,423,407 4,593,026 4,665,334 4,738,814 MG 3,410.03 3,249.07 3,257.50 3,308.71 3,435.58 3,489.67 3,544.63 % change -4.72% 0.26% 1.5796 3.83% 1.5796 1.5846 Total Flow UOC 5,383,663 4,864,479 5,260,281 5,326,034 5,392,610 5,460,017 5,528,268 Received at Plant MG 4,026.98 3,638.63 3,934.69 3,983.87 4,033.67 4,084.09 4,135.14 % change -9.64% 8.1496 1.25% 1.25% 1.2596 1.25% 1.25% Non -billed UOC 824,796 520,807 905,328 902,627 799,584 794,683 789,454 (1/1) Flow MG 616.95 389.56 677.19 675.17 598.09 594.42 590.51 % of Total 15.32% 10.71% 17.2196 16.95% 14.83% 14.5546 14.28% Total Rudkin Road UOC 1,054,866 1,007,219 1,048,075 1,058,556 1,069,141 1,079,833 1,090,631 MG 789.04 753.40 783.96 791.80 799.72 807.71 815.79 % change -4.52% 4.06% 1.0096 1.00% 1.00% 1.0046 1.00% % UG 30.2146 32.35% 31.31% 31.7796 32.2596 32.72% 33.2146 % Yakima 69.7996 67.6596 68.69% 68.23% 67 75% 67.2896 66.79% (1) Change in flow reflects annexation of significant number of then existing County Retail Customers recent annexations. (2) Includes 100,000 gpd from Moxee I T 4/1E TABLE 5-2 Utilization of Treatment Facility Capacity Service % Ave. Day 2006 % of Remaining 2008 Estimate % of Remaining Area Allocated Max. Month Ave. Day Capacity Capacity Ave. Day Capacity Capacity Capacity Allocated Max. Month Currently Max. Month Currently Capacity Used Used HYDRAULIC million gallons per day Yakima, City 87.90% 18.899 12.276 64.96% 6.623 12.557 66.44% 6.34 Union Gap 8.10% 1.742 0.775 44.49% 0.967 0.814 46.75% 0.93 Terrace Heights* 4.00% 0.860 0.519 60.39% 0.341 0.610 70.94% 0.25 *includes Moxee for 08 TOTAL 100.00% 21.500 13.570 63.12% 7.930 13.981. 65.03% 7.52 BOD pounds per day Yakima, City 87.90% 46,939 21,448 45.69% 25,490 23,878 50.87% 23,061 Union Gap 8.10% 4,325 1,422 32.88% 2,903 1,494 34.54% 2,831 Terrace Heights* 4.00% 2,136 917 67.25% 700 1,159 54.28% 977 *includes Moxee for 08 TOTAL 100.00% 53,400 23,787 44.54% 29,613 26,531 49.68% 26,869 TSS pounds per day Yakima, City 87.90% 33,929 20,441 60.25% 13,488 21,853 64.41% 12,077 Union Gap 8.1096 3,127 1,436 45.94% 1,690 1,509 48.27% 1,617 Terrace Heights* 4.00% 1,544 902 58.44% 642 1,132 73.29% 412 *includes Moxee for 08 TOTAL 100.00% 38,600 22,780 59.02% 15,820 24,493 63.45% 14,107 1/24/07 TABLE 5-3 Plant Loading Hydraulic, BOD, SS, Rudkin Rd. Month Hydraulic Hydsullc Hydras& Hydrau5c Hydrauilc z BOD BOD B00 80D BOD z SS SS SS SS SS z Ruddn Rd. Rudkin Rd. Ruddn Rd. Rudkin Rd Ruddn Rd. 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 December 270.08 270.88 265,37 260.63 288.70 705,655 728,089 699,763 723,127 644,653 513,058 527,314 617,638 606,725 525,645 56.27 54.52 61.84 56.42 62.57 January 275.26 289.74 259.62 264.32 289.19 742,618 657,746 701,573 726,457 659,264 480,234 485,106 610,095 663,797 570,986 56.02 51.06 56,76 56.15 58.24 February 242.45 252.59 231.57 229.00 271.29 677,024 661,632 638,557 662,834 639,693 423,039 489,636 584,616 535.476 549,850 48.53 45.87 47.89 48.86 45.92 March 260.33 286.40 261,60 250.69 275.94 693,356 802,215 706,547 725,897 699,013 487.996 535,016 636,708 667,068 583,392 47.80 46.85 50,65 49.92 46.89 6046 321.34 349.61 310.03 300.47 321.48 733,599 850,883 754,924 626,911 683,858 508,649 627,142 673,027 530,729 578,458 48.51 44.84 51.07 47.92 44.60 -May 337,52 364,56 348.36 345.57 328.34 717,848 839,143 703,403 678,702 668,490 554,590 633,850 661,365 579,055 562,428 53.16 49.79 61.01 55.48 51.83 June 369.70 364.16 313.85 376.52 334.37 670,025 712,596 642,792 677,284 743,767 520,455 606,020 569,985 618,334 578 165 56.54 53,74 61.46 64.28 62.69 July 429.87 395.88 347.31 420.62 365.92 704,344 745,064 630,450 737,382 755,793 504,923 659,485 601,478 706,170 630404 66.89 81.03 53.94 71,83 72.33 August 419.10 433.67 375.78 418.08 395.87 671,156 804,565 696,071 671,735 770,559 501,671 762,689 703,395 609,095 636,081 74.65 91,47 83.99 82.93 79,53 September 416.47 409.56 382.44 402.94 384.19 668,089 733,129 618,594 643,776 748,587 511,061 733,930 687,119 601,545 639,876 82.92 95.80 86.37 87.21 85.24 October 361.89 365.09 295.40 353.91 799,099 858.577 626,995 708,738 563,811 822,029 571,576 589,505 81.82 93.63 82.76 88.26 November 267.63 270,33 252.04 283.87 699,940 750,217 627,234 703,711 481,365 688,240 563,967 545,594 60.16 73.12 61.08 66.55 December 270.88 265.37 260.63 288.70 728089 699,763 723,127 644,653 527,314 617,638 606 725 525,645 54.52 61.84 56.42 62.57 Total 3,972.44 4,026.98 3,638.63 3,934.69 2,966.59 8,513,187 9,115,530 8,069,987 8,208,080 8,369,024 8,085,108 7,660,781 7,430,056 7,172,013 5,329,642 731.52 789.04 753.40 783.98 547.27 %duncre compared topre.Year 1.37% -9.64% 8,1496 7.08% -11,4796 1.7116 -22.41% 26.31% -2.75% -3.73% -25,89% 7.86% -4.52% 4.06% -30.1996 Thru September 3,072.04 3,126.19 2,830.56 3,008.21 2,966.59 6,286,059 6,808,973 6,092,911 6,150,978 6,369.024 4,492,618 5,532,874 5,707,788 5,511,269 5,329,642 535.02 560.45 553.14 568.58 547.27 %change 15596 1,7696 .9,4696 6.2896 -1.38% -1.30% 8.29% -10.49% 0.9596 3,54% . -15.7196 23.15% 3.1696 -3.44% -3.30% -2.24% 4.75% -1.30% 2.43% -3.41% December 8.71 8,74 8.56 8.41 9.31 22,763 23,487 22,573 23,327 20,795 16,550 17,010 19,924 19,572 16,956 1.82 1.76 1.99 1.82 2.02 31 January 8.88 8.70 8.37 8.53 9.39 23,955 21,218 22,631 23,434 21,267 15,491 15,649 19,880 21,413 18,419 1.81 1.65 1.83 1.88 1.88 31 February 8.68 9.02 8.27 8.18 9.69 24179 23,630 22806 23,673 22,846 15,109 17487 20,879 19,124 19,638 1.73 1.64 1.71 1.75 1.64 28 March 8.40 9.24 8.44 8.09 8.90 22,366 25 878 22,792 23 416 22,549 15,742 17,259 20,539 21,518 18,819 1.54 1.51 1.63 1.61 1.51 31 April 10.71 ' 11.65 10.33 10.02 10.72 24,453 28,363 25,164 20,897 22,795 16,955 20,905 22,434 17,691 19,282 1.62 1.49 1.70 1.60 1.49 30 May 10.89 11.78 11.24 11.15 10.59 23,156 27,069 22,690 21,894 21,564 17,890 20,447 21,334 18,679 18,143 1.71 1.61 1.97 1.79 1.67 31 June - 12.32 12.14 10.46 12.55 11.15 22,601 23,753 21,426 22,576 24,792 17,349 20,201 19,000 20,611 19,272 1.88 1.79 2.05 2.14 2.09 30 July 13,67 12.77 11.20 13.57 11.80 22 721 24,034 20,337 23,787 24,380 16,288 21,274 19,403 22,780 20,338 2.16 2.61 1.74 2.32 2.33 31 August 13.52 13.99 12.12 13.49 12.77 21,650 25,954 22,454 21,669 24,857 16,183 24,603 22,890 19,648 20,519 2.41 2.95 2.71 2,68 2.57 31 September 13.68 13.65 12.75 13.43 12.81 22,270 24,438 20620 21,459 24,953 17,035 24,464 22,237 20,052 21,329 2.78 3.19 2.88 2.91 2.84 30 October 11,67 11.78 9,53 11.42 0.00 25,777 27,696 20,216 22,863 0 18,167 26,517 18,438 19,016 0 2.64 3.02 2.67 2.85 0.00 31 November 8.92 9.01 8.40 9.46 0.00 23331 25,007 20,908 21,457 0 16,046 22,941 18,799 18,166 0 2.01 2.44 2.04 2.22 0.00 30 December 8.74 856 8,41 9.31 0.00 23,487 22,573 23,327 20,795 0 17,010 19,924 19,572 16,958 0 1.76 1.99 1.82 2.02 0.00 31 December 313 322 316 333 268 228 233 279 279 0 January 323 292 324 330 273 209 216 282 301 0 February 335 314 331 347 283 209 232 303 280 0 March 319 336 324 347 304 225 224 292 319 0 8048 274 292 292 250 255 190 215 260 212 0 May 255 276 242 235 244 197 208- 226 201 0 Jura 220 235 246 216 267 169 200 218 197 0 AM 196 226 218 210 248 141 200 208 201 0 August 192 222 222 193 233 .144 211 224 175 0 September 192 215 194 192 234 147 215 209 179 0 October 265 262 254 240 01)1V/0I 187 270 232 200 NO1V/01 November 314 333 298 297 rIO1V/0I 216 305 268 230 CgV/0I December 322 316 333 266 61)1V/01 233 279 279 218 801V/01 10/23/07 • 2 C7 2 450.00 400.00 350.00 300.00 250.00 200.00 • Table 5-3A Monthy Influent Flow Jc1 � r J��c c J _ec` �PQcc' eec 6 e�P0 o Month • --.— 2007 —t- 2003 2004 —x— 2005 2006 100.00 90.00 80.00 2 ( 70.00 60.00 50.00 40.00 • Table 5-3B Rudkin Road Flow ���Ja� �`Ja� �a��r PQM\ baa �J°'��•c) o\9x) °�� cc' Month • —+-2007 —a-2003 2004 2005 2006 • • • • 900,000 850,000 800,000 L rr O E a 750,000 N C 3 O a 700,000 650,000 600,000 Table 5-3C BOD Comparison ���c mac, � ����r PJ�JS� �ecoec OGN8° ,oe� ec cdzig Month - 2007 — n-- 2003 2004 - — 2005 — - 2006 Pounds Per Month 850,000 800,000 750,000 700,000 650,000 600,000 550,000 500,000 450,000 400,000 • Table 5-3D TSS Comparison Oe'G�CC )a?J <<e, Month • c\ Q'C PJB `���o.29 OG�O,00 ��r�C ��ros r\° , Of0 --*-2007 —N-2003 2004 — 4t 2005 — - 2006 • .,-\''' ------\ Oe'G�CC )a?J <<e, Month • c\ Q'C PJB `���o.29 OG�O,00 ��r�C ��ros r\° , Of0 --*-2007 —N-2003 2004 — 4t 2005 — - 2006 • Table 5-4 TOTAL ANNUAL Historical and Projected Biochemical (BOD), Total Suspended Solids (TSS), and FOG Plant Loading Pollutant 2004 2005 2006 2007 2008 2009 2010 (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) Estimate Estimate Estimate Estimate BOD Dom/Ind 9,115,530 8,069,967 8,208,080 8,200,000 8,302,500 8,406,281 8,511,360 % change -11.47% 1.71% -0.10% 1.25% 1.25% 1.25% Del Monte 658,547 701,917 918,639 800,000 800,000 800,000 800,000 TOTAL 9,774,077 8,771,884 9,126,719 9,000,000 9,102,500 9,206,281 9,311,360 -10.25% 4.05% -1.39% 1.14% 1.14% 1.14% TSS Dom/Ind 7,660,781 7,450,056 7,172,013 7,200,000 7,290,000 7,381,125 7,473,389 % change -2.75% -3.73% 0.39% 1.25% 1.25% 1.25% Del Monte 86,547 95,973 255,870 150,000 150,000 150,000 150,000 TOTAL 7,747,328 7,546,029 7,427,883 7,350,000 7,440,000 7,531,125 7,623,389 -2.60% -1.57% -1.05% 1.22% 1.22% 1.23% FOG Dom/Ind 2,358,865 1,976,029 2,147,873 2,174,721 2,201,905 2,229,429 2,257,297 % change -16.23% 8.70% 1.25% 1.25% 1.25% 1.25% 9/27/07 Table 5-5 Retail Sanitary System # Customer Accounts by User Group Billing Category and Description Retail Owner (City) 2005 : Actual 2006 2007 Actual ' Est. 2008 Est 2009 Est 2010 Est S11 Residential Sewer 19,565 2.0,422. 21,201 21 466 I ,. 21,734 22,006 S12 Commercial Sewer 1,818 1,900 1,927 1,9511 1 975 J 2 000 / .._ S13 Industrial Sewer 15 15 12 12 12 12 S14 Governmental Sewer 89 ... 89 93 .94 95 I 96 S15 Interdepartmental Sewer 30 29 33 33 33 33 S31 Residential Unmetered Sewer 104 107 88 89 90 91 S32 Commercial Unmetered Sew 6! 4 4 4 4 4 S33 Industry Unmetered Sewer 1 1 1 1 1 1 S35 Static Charge Residential 0 0 0 0 0 0 S75 Interdepartmental Sewer 0 0 0 0 0 0 subtotal inside City. 21,627i 22,566 23,358! 23,650 23,944! 24,243 Percent Change 4.34% 3.51% 1.25% 1.25% 1.25% Retail Non -owner (County) (2) (2) (3) (3) S21 Residential Sewer 552 194 78 36 36.L 36 S22 Business Outside Sewer 6 4 2 1 1 1 S24 Governmental Sewer 2 1 1 1 1 1 Static Sewer Residential 5 5 2 2 2 2 •S41 S42 Commercial Unmetered Sew€ 0! 0 0i 0 0 0 subtotal outside City. (2) 1 5_65.. 2031 , 83 - 40 40 40 Percent Change -64.09% -59.24% 1.25% 1.25% 1.25% Total Users (J) 22,192 22,7691 23,441 23,690 23,984 24,283 .... increase 577 672 249 i 294 299 Percent Change 2.60% 2.95% 1.06% 1.24% 1.25% ... ....L Percent of Total Inside 97.45% 99.11% 99.65% 99.83% 99.83% 99.84% Outside 2.55% 0.89% 0.35% , 0.17% 0.17% 0.16% (1) Excludes Terrace Heights and Union Gap service areas. ____ (2) Reflects major annexations of existing retail Non -Owner customers in 2005 and 2006.. (3) Reflects annexation in 2007. 10/2- '07 TABLE 5-6 Retail Wastewater Customers # Accounts by Meter Size -. Meter Size City � ActualActual . 2005 Accounts 2006 Accounts Projected 2007 Accounts Projected 2008 . Accounts Projected 2009 Accounts Projected 2010 Accounts _ 3/4" ']" 1.5" 2" 3" i 19,910 983 261 232 85 20782 1025 273 243 85 21^539 1_,069 _ al_ 244 88 21„.808 l082 _ 285 247 89 22,081 1,086 283 250 90 22,357 1.110 293 253 91 _ 4" 8" 8" lO"1 12 36/ � 8_ .... 2 0 38 5 2 1 0 37 S 3 1 0 37 5 3 1 0 37 5 3 • 1 0 37 S 3 1 0 subtotal % increase 21,516 22,454 4.36% 23,267 3.62% 23557 1.25% 23,852 1.25% 24,150 1.29% County _ _�/�� 1" 1.5" | - 360 1` 0 -- _ 175 1 0 - _ - 39 1 0 � ---- _ 39 _ 1 0 39 1 0 - 39 1 0 _ 2"2 _ 3n --��' G"__ _ 8" l0" 12" ___ 2 _ 0 'Q- U_ 1 0 0 _ 0 _ 0 0 0 0 0 U_ 0 0 0 0 O 0 U ..... S) __0�_ O O O _ O ! 0 _.O 0 0 0 0 0 0 0 0 0 0 0 0 0 subtotal % increase Total increase 364 21J880 176 4O -51.66% -77.27% 22,G30 23,307 750 677 40 1.2596 23,597 290 40 1.25% 23,892 295 40 1.25% 241,190 298 % increase County % county% _ of Total (1) Excludes L_ — - 1.66% ' - -- Terrace Heights 3.43% 2.99% - ' 0.78% 07%__ ' - - - and Union Gapservice areas 1.24% - 0.17% _ 1.25% --- - 0.17% 1.25% - 0.17% (2) RofleotomajoronnexotionucfexistinQretaUNon-Owmercustommsin2O0S.28O6.mnd2U07. 10/22/07 Table 5-7 Retail Wastewater Customers Meter Equivalents Meter AWWA Actual Actual Projected Projected Projected Projected Size Factor 2005 2006 2007 2008 2009 2010 Equivalent Equivalent Equivalent Equivalent Equivalent Equivalent City 3/4" 1.00 19,910 20,782 21,539 21,808 22,081 22,357 1" 1.27 1,248 1,301 1,358 1,375 1,392 1,409 1.5" 1.64 429 446 460 466 472 478 2" 2.64 612 640 647 655 663 671 3" 10.00 846 850 876 887 898 909 4" 12.73 454 488 478 484 490 496 6" 19.10 109 92 98 99 100 101 8" 26.36 52 70 76 77 78 79 10" 40.00 53 53 47 48 49 50 12" 0.00 0 0 0 0 0 0 subtotal 23,713 24,722 25,579 25,899 26,223 26,550 % increase 4.26% 3.47% 1.25% 1.25% 1.25% County 3/4" 1.00 360 175 39 39 40 40 1" 1.27 1 1 1 1 1 1 1.5" 1.64 0 0 0 0 0 0 2" 2.64 5 0 0 0 0 0 3" 10.00 0 0 0 0 0 0 4" 12.73 0 0 0 0 0 0 6" 19.10 0 0 0 0 0 0 8" 26.36 26 0 0 0 0 0 10" 40.00 0 0 0 0 0 0 12" 0 0 0 0 0 0 subtotal 393 176 40 40 41 41 % increase -55.14% 1.25% 1.25% 1.25% 1.25% Total 24,106 24,898 25,619 25,939 26,264 26,591 increase 792 721 320 324 327 % increase 3.29% 2.89% 1.25% 1.25% . 1.25% County % of Total 1.63% 0.71% 0.16% 0.16% 0.16% 0.16% (1) Excludes Terrace Heights and Union Gap service areas. 10/2? Table 5-8 Comparision of annual increase used by 2001 COS v. Actual Annual Increase 10/22/07 estimated actual xx estimated 2006 est. 2006 Difference annual increase annual increase annual increase per 2001 COS Actual actual v. Est. per 2001 COS 01-06 this report Billed Flow (UOC) City Retail 3,529,752 3,771,697 6.9% 0.25% 2.00% 1.50% County Retail 30,994 30,288 -2.3% 2.50% 2.00% 1.00% Total Retail 3,560,746 3,801,985 6.8% 0.27% 2.00% 1 50% Terrace Heights 245,244 224,826 -8.3% 3.00% 1.50% 1.50% Union Gap 313,820 328,142 4.6% 2.00% . 2.80% 2.50% Total Billed Flow 4,119,810 4,354,953 5.7% 0.55% 2.00% 1.58% Total Influent Flow 6,108,367 5,260,281 -13.9% 1.00% -1.50% 1.25% Non -Billed Flow 1,988,558 905,328 -54.5% Rudkin Road LS 1,209,696 1,048,075 -13.4% 3.00% 0.60% 1.00% 80D (lbs) (inc Del Monte) 13,117,838 9,126,719 -30.4% 6.00% 0.70% 1.15% TSS (lbs) (inc Del Monte) 7,471,381 7,427,883 -0.6% 2.00% 1.30% 1.23% (UOC) Unit of Consumption = 100 cubic feet = 748 gallons (BOD) Biochemical Oxygen Demand (TSS) Total Suspended Solids Meter Equivalents City 24,039 24,722 2.8% 0.50% 2.90% 1.25% County 292 176 -39 7% 4.00% -4.50% 1.25% total 24,331 24,898 2.3% 1.16% 2.83% 1.25% 10/22/07 SECTION 6 PRETREATMENT PROGRAM History: The City's wastewater pretreatment program began in earnest in 1988. "The purpose of a local pretreatment program is to protect the environment from adverse impacts that can occur when hazardous or toxic wastes are discharged into a sewer system. Generally, this protection is achieved though regulation of nondomestic (industrial) users that discharge toxic wastes or unusually strong wastes...These users are required under the program to treat the hazardous or toxic wastes at their highest concentration point, before they are introduced into the sewer system and treatment plant. Such pretreatment fulfills the objectives of the federal and state pretreatment program by preventing: 1) the introduction of nondomestic wastes that interfere with POTW operations; 2) the pass-through of pollutants without being removed because the POTW is not designed to remove them; 3) the contamination of municipal sludge by the removal of certain pollutants by the POTW; and 4) the exposure of treatment plant workers (and by extension sewer collection maintenance workers) to chemical hazards" (Cited from the March 27, 1989 memorandum from Preston Thorgrimson, pages 5 and 6). Municipalities, such as Yakima, are strictly liable under the Clean Water Act. See. e.g.. Mumford Cove Ass'n v. Town of Groton, 640 F. Supp. 392 (D. Conn. 1986). "Thus, NPDES (National Pollutant Discharge Elimination System) permit or pretreatment violations are not excusable because the regulatory requirements are technical or insignificant, or are difficult or impossible to meet"" (same Preston Thorgrimson citation as above, page 9). With the City's June 2003 NPDES permit, the City became mandated to maintain a fully delegated Pretreatment Program. Federal and State mandates outlined a series of tasks the City is required to complete to maintain NPDES discharge permit compliance. These included: 1) completion of an Industrial Waste Survey identifying known and suspected Significant Industrial Users (Sills); 2) adoption of an updated Sewer Use Ordinance including permitting authority; 3) adoption of Special Agreements with the City of Union Gap and the Terrace Heights Sewer District insuring complete and adequate implementation of the National Pretreatment Program; 4) calculations of technically based local discharge 2007 COS Section 6 Page 1 October 22, 2007 limits; 5) a listing of staff and resources available to implement the Pretreatment Program; and 6) a letter from the City attorney stating the City has the legal authority to implement a pretreatment program. Service Unit: In the 1994 Cost of Service Study (COS), a unique Service Unit (SU 233) was initiated which identified all expenses associated with the City's Pretreatment Program, a fee schedule was adopted for services provided, and rates were established to be charged to the appropriate customers. Additional mandates from the Department of Ecology require that the fee schedule and rates for this Service Unit be updated to reflect increase expenses. Rate Policy Options: The fee schedule adopted with the 1996 COS intended to shift 75% of the cost of the program to the Pretreatment customers. The 2001 COS continued that philosophy. The City's pretreatment program also deals with strong waste (BOD, TSS) and fats, oils, and grease (FOG) from our industrial/commercial customers. These responsibilities could be considered outside the strict interpretation of federally mandated program. Therefore. this report continues the Cost -Share philosophy of the mandated pretreatment program. A portion (approximately 36%) of the cost of this program is allocated to the Strong Waste and FOG charges (see section 10). Thereby, assigning these costs back to those businesses that impact the program. Cost Recovery: Recovery of the costs associated with the Pretreatment Program is mandated under 40 CFR 403.8 (f) 3. "The POTW shall have sufficient resources and qualified personnel to carry out the authorities and procedures in paragraphs (f) (1) and (2) of this section (Pretreatment Program Responsibilities)". The businesses within the program fall into one of two categories: Significant Industrial Users (SIU's) or Minor Industrial Users (Mill's). A business becomes an SIU if it meets any of the following thresholds; 1. Having .a business type listed under 40 CFR 405-471 as "categorical". 2007 COS Section 6 Page 2 October 22, 2007 2. Discharges more than 25,000 gallons per day of process wastewater. 3. Contributes more than 5% of the dry weather loading of the Treatment Facility. 4. Is designated because of its potential to significantly impact the Treatment Facility. All other businesses within the program are MIU's. The EPA "Guidance Manual for POTW Pretreatment Program Development" discusses three possible methods of cost recovery that the City could utilize: 1) Service Charges: Businesses are charged based on the service performed (inspection, sampling, etc.) plus an accounting adjustment at the end of each year to cover additional expenditures. This method is very labor intensive because of the amount of record keeping required and the complex calculations involved in determining charges. This method is currently being used when billing SIU's because of the limited number of businesses involved and the wide divergence of tests. 2) industry Surcharge: Businesses are charged a flat rate surcharge to finance the Pretreatment Program. Specific Standard Industrial Codes (SIC) that are monitored by the Pretreatment Program due to the generalized characteristics or strength of their waste are charged through a utility billing system. This method has the advantage of using the current billing system. Staff uses this method on MIU's because of the larger number of businesses involved. 3) Pollutant Strength Charge: Businesses are charged according to the amount of pollutants discharged. This gives incentive for businesses to reduce the amount of pollutant being discharged. However, it is geared toward conventional pollutants and does not address toxic pollutants. This method is currently in use to recover costs for the treatment of Strong Waste (circa 1982) and FOG. This method is proposed to pay the "cost -share". 4) Discharge Permit Fees. Delegation gave the City authority and responsibility under the Clean Water Act to issue discharge permits to commercial and industrial dischargers within the City's service area. This 2007 COS Section 6 Page 3 October 22, 2007 COS continues our policy to set and collect permit fees from the affected businesses to offset the costs of the fully delegated program. This report recommends our permit fees be set at 90% of those established by Ecology. Staffing Impacts: Wastewater staff is constantly appraising the EPA/Ecology mandated responsibilities of the delegated program as they impact staff workload. At this time, staff recommends the addition of 1.0 FTE Pretreatment Permit Writer and 0.5 FTE Chemist (to be shared with other wastewater service units). These positions are included in the 2008 budget. The City has the delegated responsibility to permit, inspect, and monitor twenty-five SIUs. The City has issued only eight permits since 2003. Ecology continues to emphasize the requirement that the City issue permits to the remaining SIUs. In order to complete the remaining permits in the next 1-2 years, it will be necessary to hire additional staff to write the permits and be responsible for the compliance requirements of these permits. These requirements would include tracking mandated 0&M and Spill/Slugload review/updates, discharge monitoring report submittals and permit renewal applications. A permit writer and two field personnel were included in the 2001 Cost of Service report. A permit writer was also included in the 2000 Wastewater Facilities Plan. To this date, however, the permit writer position has not been filled. With the continued growth of the pretreatment program, tracking of inspections, monitoring data and compliance dates are becoming increasingly difficult. Additional computers and pretreatment software package would allow easier access to industry information and compliance monitoring. The approximate cost of the pretreatment and FOG software is $10,000, installation and training is $1,500 and yearly upgrades and technical support is $1,500 (see Table 4-7). Additional office space will be required. Currently five pretreatment personnel are sharing a 200 square feet office space. This space is not adequate. The growing pretreatment program would require additional office space, as well as storage for files, monitoring equipment and vehicles. Space will be avaiable within existing building shells following the completion of current construction. This space will need to be converted to offices and storage. 2007 COS Section 6 Page 4 October 22, 2007 Pretreatment Expense Analysis and Recovery Options: Table 6-2 outlines the annual budget projected through the planning period. This includes additional lab staff and expenses. For addional detail see Table 4-7. Proposed Charges for Affected Businesses: Table 6-2 also presents the proposed Pretreatment fee and charge schedule for the affected business community. Businesses in Union Gap and Terrace Heights are not included in this list. Those two entities are responsible for their own Pretreatment activity within their own service areas. However, Union Gap and Terrace Heights will be billed for the sampling and testing the City does on their effluent per the hourly rates and fee schedule on tables 6-3, 6-4, and 6-5. Fees for Significant Industrial Users (SIU) and Minor Industrial Users (MIU) are analyzed separately. The fee of $7,499/year shown on Table 6-2 is an estimate of the average total cost, including tax, necessary to monitor the average business in the SIU class for 2008. That cost includes permit, sampling and laboratory fees found on Table 6-3. The intent of this fee schedule is that the SIU's are billed directly, through invoice, by the City for actual service rendered. These fees would be subject to increase during the period through 2010. Per existing ordinance, the permit fee shall reflect changes in Ecologies permit fee schedule. Monthly rates for MIU's outside the City would be subject to a phased increased to $102.32 per month by 2010 reflecting the presence of the business in the pretreatment program. It is possible that not all MIU's will be tested in any year. However, testing, which includes a 3 -day sampling regimen, will be performed on as many of each SIC code which can be scheduled in a year. The remaining charge per business covers the costs of administering the program that includes archiving, potential billing system changes, statistical analysis, and other applied program costs. MIU's within the City would be billed at 60% of the outside rate and be subject to a phased increased of 5.5% per year till 2010. This fee reflects a 64-36% cost share with the strong waste/FOG businesses and City retail customers. 2007 COS Section 6 Page 5 October 22, 2007 Pretreatment Fee and Charge Schedule: Table 6-3 identifies the presently proposed charges for basic sampling and testing, complex laboratory testing, and other flat rate charges for related services for 2008. The Pretreatment Fee and Charge Schedule, Table 6-3, derives its costs from Tables 6-4 and 6-5. These costs are based upon projected 2008 expenses and are subject to annual inflationary increases. The basic one and multi -day sampling schedule includes sampler set-up and collection costs, administrative cost, and laboratory costs for Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and pH, to generate a basic cost. "Laboratory Fees" also include more complex testing that may be required by the program in addition to the basic tests. Some of the complex and more costly laboratory testing is done by "outside" laboratories because of equipment requirements. The above fee schedule covers only the expense of testing and monitoring. These fees do not cover any costs associated with treatment of pollutants discharged from any customer. Treatment of constituents allowed in the waste stream may be billed in addition to the testing fees. Strong waste surcharges for discharges, of BOD and TSS in concentration exceeding 300 ppm and a FOG surcharge for discharges of FOG in concentration exceeding the local limit (100 ppm) would be in addition to these proposed Pretreatment Fees. The "Other Fees" include "Discharge Authorization". This item is required mainly for disposal of groundwater generated by removal of underground storage tanks. This fee is valid for the first 50,000 gallons of water so disposed, administration, and oversight of the remediation project for wastewater purposes. "Other Fees" also include services performed by Pretreatment or other wastewater division- employees at the request of and for the benefit of customers. Services include; Compliance inspections, hydro vacuuming, dye testing, smoke testing, Tying for location, these services are billed per crew hour at the rates indicated in Table 6-3. These services are provided both on a charged and non - charged basis depending on the nature of the job request. In 1998, wastewater adopted a policy of requiring a TV inspection of all new construction prior to final acceptance as a part of the City's collection system. Developers/contractors had their choice of who performs this activity. If they chose to hire City services, the price is per 2007 COS Section 6 Page 6 October 22, 2007 foot as indicated on Table 6-3. If they choose to hire a private company to perform the Tying, our staff is still required to inspect the video and perform time-consuming related identification tasks. Therefore, a price per foot (reduced) is established for those using private TV inspection. Fats. Oils. and Grease (FOG) Program There are currently almost 500 businesses licensed by the Health District to serve food in the City of Yakima. These businesses include restaurants, grocery stores, mini -marts and institutions such as schools, nursing homes, and correctional facilities. We have found that many do not have grease traps. The City and the Uniform Plumbing Code currently require grease traps on all new food establishments. The City can require establishments that don't have grease traps to install them. The City can also require a new grease trap if the current one is undersized or not working properly. We also have found that many businesses with grease interceptors do not adequately maintain them. In 2006, the Pretreatment Program added a staff member whose primary duty is to educate and enforce a FOG reduction program within our service area. The FOG program starts with education. The Wastewater Division has and continues to distribute a number of multi-lingual educational materials including: • Brochures that outline the problems and costs associated with improper grease management • Waste reduction plans for food establishments • Maintenance schedules for grease traps • Signs for the kitchen area that read "Dump No Grease" • A list of vendors that recycle grease • A list of vendors that pump grease traps All of this information is being provided to the food establishments. We have met with the Restaurant Association and other organizations to discuss FOG management. Now that the education program is well established, we have begun inspections/testing of the establishments. Because of the Targe number of establishments, we are planning on quarterly inspections. Once the program is underway, for a year or so, inspection frequency will be 2007 COS Section 6 Page 7 October 22, 2007 adjusted. Some establishments may requirement inspections on a monthly basis, while others can be reduced to yearly. The number of grease related sewer back-ups has decreased significantly since Pretreatment began emphasizing Best Management Practices to the food service establishments (FSE). This increased emphasis began around 2003 and 2004. Data from emergency grease related sewer back-ups indicate a marked decrease in the number of grease related incidents. In 2004, there were 54 grease related sewer back-ups. As of October 10th of 2007, there were four (4) sewer back-ups caused by grease. Another indicator of the success of the FOG program is the reduction in the number of FOG violations issued to food service establishments. In 2004, 25% of wastewater samples from FSEs exceeded the City's local limit. In 2007, only 12% of the samples were in non-compliance. To ensure that dischargers that violate the City's Wastewater Use and Pretreatment Ordinance are brought back into compliance in a consistent and timely manner, the Pretreatment Program implements an Enforcement Response Plan (ERP). The ERP is a guidance document that provides a menu of graduated enforcement options to assist City personnel in deciding on appropriate enforcement actions taken towards industries. Year to date for 2007, the Pretreatment Program has issued seventeen (17) FOG warning letters to industries for minor FOG violation infractions. A total of four (4) Administrative Orders (AO) were issued as of October 2007. Three (3) AOs with Penalties were issued for FOG violations in 2007. The fourth AO was issued for failure to respond to a previous AO in a timely manner. Because is a significant portion of grease that is residential in nature, the FOG program would also have an educational program for residential customers. The Wastewater Division now recomends the initiation of the third leg of the FOG program, economic incentives should be added to education and enforcement. We propose a FOG fee to shift the cost burden of this element of the Pretreatment program, an allocation of the system maintenence, and treatment costs to the appropriate businesses (see Section 10). 2007 COS Section 6 Page 8 October 22, 2007 Conclusion: Staff seeks Council direction to enact this fee and charge plan to lessen the impact on City retail ratepayers for the Pretreatment Program. This section represents the implementation framework for allocating mandated pretreatment program costs to businesses State and Federal environmental regulations require the City to monitor. This proposal reflects the cost to conduct the MIU program as shown on Table 6-2. Businesses within the City would be charged only 60% of the full cost rate. The balance is included within the proposed City strong waste and FOG retail rates. This proposal would initiate a Fat, Oils, and Grease (FOG) fee for all FOG discharged at a concentration exceeding the local limit set by the City's Sewer Use Ordinance (currently 100 mg/I.) This Proposal would set the testing fee schedule as shown on Table 6-3. These rates would be charged for requested testing and testing done for entities outside the City. However, businesses within the City's collection system would be charged only 75% of the rates shown for in-house services. The balance is included within the proposed City retail rate. This proposal would establish the Permit fees charged to SIUs at 90% of the fee established by Ecology for that type of business. Recommendation: Staff recommends that approval be given to hire additional staff as outlined in this section; 1.0 FTE permit writer and 0.5 FTE chemist (budgeted). Due to a reorganization of our mandated priorities, these additional staff will not result in a net increase in Division employees. Staff recommends that formal direction be given to draft the enabling legislation for the charge and fee schedule shown on Tables 6-2 and 6-3 of this report. 2007 COS Section 6 Page 9 October 22, 2007 Table 6-1 Required Monitoring Page 1 of 2 The following is a summary of the in the influent, effluent, and biosolids Ecology Enforcement Order # DE-93WQ-C492, "Metals" category must be tested for twice a year. Items marked with influent, effluent, or biosolids at Testing for all parameters is mandatory is not detected or suspected. chemicals quarterly. an "X" the at the have treatment even that the City is required to test Wastewater Treatment Plant dated 10-13-93. Items in All other items must be tested been detected at least once in plant during the last six years. if a chemical or group of chemicals for _ per _ the _ for _ the - - - Metals Pesticides cont. Ag -SILVER X ENDOSULFAN SULFATE AI -ALUMINUM X 4,4 -DDT X As -ARSENIC X METHOXYCHLOR Ba -BARIUM X CHLORDANE X Be -BERYLLIUM X TOXAPHENE Ca -CALCIUM X AROCHLOR-1016 Cd -CADMIUM X AROCHLOR-1221 Cr -CHROMIUM X AROCHLOR-1232 Cu -COPPER X AROCHLOR-1242 Fe -IRON X AROCHLOR-1248 Hg -MERCURY X AROCHLOR-1254 X Mg -MAGNESIUM X AROCHLOR-1260 Mn-MANGENESE X Mo -MOLYBDENUM X Volatile Organics Na -SODIUM X CHLOROMETHANE X Ni -NICKEL X VINYLCHLORIDE Pb -LEAD X BROMOMETHANE X Sb -ANTIMONY X CHLOROETHANE Se -SELENIUM X TRICHLROFLUOROMETHANE X TI -THALIUM ACROLEIN Zn -ZINC X 1,1-DICHLOROETHYLENE ASBESTOS METHYLENE CHLORIDE X CYANIDE X ACRYLONITRILE X TRANS-1,2-DICHLOROETHYLENE Pesticides 1,1-DICHLOROETHAN E ALPHA -BHC CHLOROFORM X BETA -BHC 1,1,1 -TRICHLOROETHANE X DELTA -BHC CARBON TETRACHLORIDE GAMMA -BHC BENZENE HEPTACHLOR 1,2-DICHLOROETHANE ALDRIN 1,1,2 -TRICHLOROETHYLENE X HEPTACHLOR EPDXIDE 1,2-DICHLOROPROPANE ENDOSULFAN I X BROMODICHLOROMETHANE DIELDRIN 2-CHLOROETHYLVINYLETHER 4,4 -DDE X TRANS-1,3-DICHLOROPROPENE ENDRIN X TOLUENE X ENDOSULFAN II CIS-1,3-DICHLOROPROPENE 4,4 -DDD X 1,1,2 -TRICHLOROETHANE X ENDRIN ALDEHYDE TETRACHLOROETHYLENE X 7/13/07 Table 6-1 Required Monitoring Page 2 of 2 Volatile Organics Semi -Volatile Organics CHLORODIBROMOMETHANE 4-CHLOROPHENYL PHENYL ETHER CHLOROBENZENE 4,6-DINITRO-O-CRESOL ETHYL BENZENE X N-NITROSODIPHENYLAMINE X BROMOFORM 1,2-DIPHENYLHYDRAZINE 1,1,2,2 -TETRACHLOROETHANE 4-BROMOPHENYL PHENYL ETHER HEXACHLOROBENZENE Volatile Organics PENTACHLOROPHENOL Hazardous Substance List PHENANTHRENE X ACETONE X ANTHRACENE X CARBON DISULFIDE X DI-N-BUTYLPHTHALATE X VINYL ACETATE FLUORANTHENE X 2-BUTANONE (MEK) X BENZIDINE 4-METHYL-2-PENTANONE (MIBK) X PYRENE X 2-HEXANONE BENZYL BUTYL PHTHALATE X TOTAL XYLENE X BENZO(a) ANTHRACENE X STYRENE CHRYSENE X 3, 3'-DICH LOROBENZI DI N E Semi -Volatile Organics BIS (2-ETHYLHEXYL) PHTHALATE X N -N ITROSODIMETHYLAMINE DI-N-OCTYL PHTHALATE PHENOL X BENZO(b)FLUORANTHENE X BIS (2-CHLOROETHYL)"ETHER BENZO(k)FLUORANTHENE X 2 -CHLOROPHENOL BENZO(a)PYRENE X 1,3 -DICHLOROBENZENE INDENO(1,2,3-CD)PYRENE 1,4 -DICHLOROBENZENE X DIBENZO(A,H)ANTHRCENE 1,2 -DICHLOROBENZENE BENZO(G,H,I)PERYLENE BIS (2-CHLOROISOPROYL) ETHER N-NITROSODI-N-PROPYLAMINE Semi -Volatile Organics HEXACHLOROETHANE Hazardous Substance List NITROBENZENE ANILINE ISOPHORONE BENZYL ALCOHOL X 2-NITROPHENOL 2-METHYLPHENOL X 2,4 -DIMETHYLPHENOL 4-METHYLPHENOL X BIS (2-CHLOROETHOXY) METHANE BENZOIC ACID X 2,4-DICHLOROPHENOL 4-CHLOROANILINE X 1,2,4-TRICHLOROBENZENE 2 -METHYLNAPHTHALENE X NAPHTHALENE X 2,4,5 -TRICHLOROPHENOL HEXACHLOROBUTADIENE 2-NITROANILINE 4-CHLORO-3-METHYLPHENOL 3-NITROANILINE HEXACHLOROCYCLOPENTADIENE DIBENZOFURAN X 2,4,6 -TRICHLOROPHENOL 4-NITROANILINE 2-CHLORONAPHTHALENE CARBAZOLE ACENAPHTHYLENE X COPROSTANOL X DIMETHYL PHTHALATE X 2,6-DINITROTOLUENE ACENAPHTHENE 2,4-DINITROPHENOL 4-NITROPHENOL 2,4-DINITROTOLUENE FLUORENE X DIETHYL PHTHALATE X 7/13/07 Table 6-2 Pretreatment Program (Service Unit 233) Expenses PROPOSED RATES Description Actual Actual Estimate Estimate Estimate Estimate 2005 2006 2007 2008 2009 2010 EXPENSE Budget Test Year Budgeted Program see table 4-7 538,372 632,050 667,650 821,541 876,387 898,725 % Change 17.40% 5.63% 23.05% 6.68% 2.55% REVENUE Budget allocation to Wholesale customers of basic program $62,865 64,751 66,693 68,694 SUBTOTAL Retail Customers $604,785 $756,790 $809,694 $830,031 Less (est) Annual Charge Sills 75% in City $33,503 $34,508 $35,543 $36,610 Less (est) Annual permit fees @90% of DOE $165,000 $152,955 $157,544 $162,270 Total Annual Charge SIU's $198,503 $187,463 $193,087 $198,880 Estimated # SIU's 25 25 25 25 Average Annual cost per SIU $7,940 $7,499 $7,723 $7,955 Propose Rate w/ Cost Share in City $7,940 $7,499 $7,723 $7,955 Less (est) Del Monte Testing @75% in City $16,030 16,511 17,006 17,516 Less (est) Seneca Testing @75% in City $9,320 9,600 9,888 10,184 Total Annual Charge MIUs $380,932 $543,216 $589,713 $603,450 Estimated # MIUs 480 480 481 481 Full Cost per MIU $794 $1,131 $1,226 $1,253 Full Cost Monthly Bill @100% outside City $70.91 $94.21 $102.18 $104.45 Propose Rate $80.13 $90.54 $102.32 13.096 13.096 13.0% Full Cost Monthly Bill @60% in City $53.18 $56.53 $61.31 $62.67 Propose Rate w/ Cost Share @60% in City $53.18 $56.11 $59.19 $62.45 5.5% 5.5% 5.5% Permit Fees $155,637 $179,987 $165,000 $152,955 $157,544 $162,270 Program Fees and Charges $417,622 $430,969 $425,000 $448,872 $470,767 $493,792 Total Revenue $573,258 $610,956 $590,000 $601,827 $628,311 $656,061 Wastewater Revenue $502,858 $535,926 $517,544 $527,919 $551,150 $575,493 Utility tax $70,400 $75,030 $72,456 $73,909 $77,161 $80,569 City Cost Share $35,514 $96,124 $150,106 $293,622 $325,237 $323,232 % Cost Share 796 15% 22% 36% 37% 36% 9/28 Table 6-3 Individual Testing Fees Task Pretreatment Sampling Laboratory (3) Total Cost Crew hrs. Sampling(3) 1 Day /includes setup 1.5 $209.82 1113.70 $323.52 each additional day per setup 0.5 $84.58 $113.70 $198.28 (1) Includes sampler set up and pickup. (2) Includes statistical analysis and billing program changes to Customer Service. (3) Includes BOD, TSS and pH. Other tests additional, schedule found below. Laboratory Fees Test Lab Hours Area Cost Conv. $45.48, These tests are what BOD -Biochemical Oxygen Demand 0.50 Conv. $45.48 is included in TSS -Total Suspended Solids 0.50 Conv. - $22.74. "Laboratory" above. pH 0.25 Conv. 168.22 BOD soluble 0.75 COD 0.50 Conv. $45.48 COD soluble 0.75 Conv. $68.22 TDS- Total Dissolved Solids 0.50 Conv. $45.48 Alkalinity (Carbonate) 0.25 Conv. $22.74 Ammonia (Ion Selective Probe) 0.25 Conv. $22.74 Chlorine Residual (Colorimetric) 0.25 Conv. $22.74 Dissolved Oxygen (Azide) 0.25 Conv. $22.74 Dissolved Oxygen (Membrane) 0.25 Conv. 122.74 Fecal Coliform 0.75 Conv. $68.22 FOG -Fats, Oils & Grease 1.00 Conv. $90.96 MPN 5.00 Conv. 1454.80 Nitrate 0.50 Conv. $45.48 Nitrite 0.50 Conv. $45.48 Organic/Volatile Acids 0.25 Conv. 122.74 Total Volatile Solids 0.50 Conv. 145.48 BNA (Semivolatiles) (1) outside AA/GC market cost BTEX 2.00 AA/GC " $277.58 Metals (AA) 2.50 AA/GC $346.98 Metals (Graphite Furnace) 3.50 AA/GC 1485.77 Pesticides/ PCB's 5.50 AA/GC $763.35 TPH (1) outside AA/GC market cost Volatile Organics 2.00 AA/GC $277.58 (1) Testing done by outside lab. Flat Rate Fees Cost Discharge Authorization Lump Sum see text $475.00 Compliance Inspection per hour $125.24 Dye testing per hour $125.24 Smoke testing per hour $125.24 TVing location per hour $180.00 Vactor work per hour $180.00 TVing new construction (we do) per linear foot $1.90 TVing new construction (they do) per linear foot $1.25 NOTE: All fees shown include City Utility Tax. currently 14%. Glossary BTEX- Benzene, Toluene, Ethylbenzene, and Xylene- Highly volatile hydrocarbons. BNA -Base Neutral Acids-Semivolatile Organic compounds. TPH-Total Petroleum Hydrocarbons -Includes oils, gasoline, diesel, and other fuels. 9/28/07 TABLE 6-4 Analysis of Laboratory Expenses 2008 CONVENTIONAL TESTING AA/GC TESTING Total Available Available LABOR Annual Cost Time Time Manager $118,185.14 2% $2,363.70 0 0.5% $590.93 0 Assist. Manager $103,677.13 15% $15,551.57 0 3% $3,110.31 0 Lab Co -Ord. $93,894.90 70% $65,726.43 0 30% $28,168.47 0 Lab Tech $64,688.64 100% $64,688.64 1,660 0% $0.00 0 Lab Tech $63,140.46 100% $63,140.46 1,660 0% $0.00 0 Lab Tech $60,280.88 80% $48,224.70 1,328 20% $12,056.18 332 Lab Tech (0.5) $60,280.88 50% $30,140.44 830 0% $0.00 0 Chemist $80,000.00 0% $0.00 0 100% $80,000.00 1,660 Subtotal Labor $289,835.95 5,478 $123,925.89 1,992 OTHER EXPENSES Utilities $9,450.00 $1,890.00 Equip. Maint. $4,725.00 $25,231.50 Equip. Deprec. $15,120.00 $36,855.00 Chemicals $7,560.00 $5,670.00 Capital Debt $65,000.00 $22,180.00 Materials $1,890.00 $2,835.00 Consumables $3,780.00 $1,890.00 Subtotal Other $107,525.00 $96,551.50 Subtotal Expense $397,360.95 $220,477.39 City services/admin. 10% $39,736.09 $22,047.74 Subtotal $437,097.04 $242,525.12 City Utility tax 14% $61,193.59 $33,953.52 TOTAL 2008 EXPENSE $498,290.63 $276,478.64 Hourly cost for Conventional Testing $90.96 Hourly Cost for AA/GC Testing $138.79 9/2.,7 Table 6-5 Analysis of Pretreatment Field Crew Expenses 2008 PRETREATMENT PROGRAM FIELD CREW Total Available LABOR Annual Cost Time (hrs.) Assit. Div. Manager $103,677.13 2% $2,073.54 0 PreTreat-manager $90,979.15 30% $27,293.75 0 Chief $71,412.00 - 90% $64,270.80 - 1,494 Chief $71,412.00 100% $71,412.00 1,660 Tech $64,496.64 100% $64,496.64 1,660 Tech $64,496.64 100% $64,496.64 1,660 Subtotal Labor $294,043.37 6,474 Labor $90.84 per hour Vehicles $9.04 per hour Per hour Pretreatment Field Crew $99.87 per hour PLUS + Sampler /samp e $15.00 per sample Equip/tools /sample $2.00 per sample Per Sample Pretreatment Equipment $17.00 per sample PLUS + City services/admin. 10% on subtotal City Utility Tax 14% on subtotal Per hour Pretreatment ( 2 person) Field Crew $125.24 Per sample Equipment $21.96 9/28/07 Table 6-6 Analysis of FOG Annual and Field Person Expenses 2008 FOG PROGRAM FIELD CREW Total Available LABOR Annual Cost Time (hrs.) Assit. Div. Manager $103,677.13 1% $1,036.77 0 PreTreat-manager $90,979.15 40% $36,391.66 0 Chief $71,412.00 10% $7,141.20 166 Tech $64,496.64 100% $64,496.64 1,660 Subtotal Labor $109,066.27 1,826 Labor $59.73 Vehicles $9.04 Per hour Pretreatment Field Crew $68.77 per hour per hour PLUS + per hour Sampler /samp e $0.00 Equip/tools /sample $2.00 Per Sample Pretreatment Equipment $2.00 per sample per sample PLUS + per sample City services/admin. 10% City Utility Tax 14% on subtotal on subtotal Per hour Pretreatment Field Person $86.24 Per sample Equipment $2.58 9/2P "'7 SECTION 7 NON -OWNER (COUNTY) DOMESTIC RETAIL CUSTOMERS introduction: This section contains the cost of service analysis performed for the non -owner (county) domestic retail customers located outside City boundaries. Section 8 contains the cost of service analysis performed for the non -owner retail strong waste and all septage customers. Reference is made throughout this report to City retail and County retail customers. In fact, the County has no customers connected to this system. The customers to whom the report is referring are retail customers of the City's wastewater system who live outside of the City limits (in the county). Due to the recent annexations, approximately 95% of those who were County retail customers in 2001, are now City retail customers. This section recognizes this shift and allocates accordingly. As explained in Section 2 of this report, the rates for non -owner retail customers are calculated utilizing a UTILITY RATE BASIS. From Section 2, recall that the three elements of the utility basis of accounting are: • Operating Expense: Operating expenses are the costs of operating the sewerage system on a day-to-day basis, and include costs of operating and maintaining the wastewater treatment plant and collection and disposal facilities of the sewerage system, administrative costs, and system replacement costs. • Depreciation Expense: "Depreciation is the Toss in value of facilities, not restored by current maintenance, that occurs due to wear and tear, decay, inadequacy, and obsolescence. The annual depreciation expense component of revenue requirements provides for the recovery of the utility's capital investment over the anticipated useful life of the depreciable assets." AWWA Manual M1 Water Rates, 2007 COS Section 7 Page 1 October 24, 2007 • Rate of Return Allowance (Return on Investment): "The return component is intended to pay the annual interest cost of debt capital and provide a fair rate of return for the total equity capital employed to finance physical facilities used to provide utility service." A WWA Manual M1 Water Rates. Purposes of the Cost of Service Study - Retail Non -owner Customers: The purposes of this cost of service analysis for non -owner customers of the Retail System are to: • Allocate operating, depreciation, and return on investment costs of providing service to non -owner customers. • Determine whether or not non -owner retail customers receiving service from the City's sewerage system are paying fair and appropriate shares of costs of providing service. • Use the results of the retail cost of service analysis to establish equitable rates and charges for non -owner customers. Cost of Service Procedure: The cost of service procedure that will result in the appropriate allocations requires that we formulate the following information about expenses to the system. Staff calculated these values for each year during the study period. However, 2008 was utilized as the TEST YEAR, therefore, most of the tables show data only for 2008. 1) Operation Expenses A. Treatment expenses and applicable allocation. B. Collection expenses and applicable allocation. 2) Depreciation expense A. Treatment Facility expenses and applicable allocation. B. Collection System expenses and applicable allocation. 2007 COS Section 7 Page 2 October 24, 2007 3) Return on Investment (ROI) A. Treatment Facility Rate Base and applicable ROR. B. Collection System Rate Base and applicable ROR. Organization of Cost of Service Tables - Non -owner Retail Customers: This section analyzes appropriate rates for "normal" domestic flow, as defined by the 1976 Agreement, for non -owner (county) retail customers who are connected to our collection system. Section 8 shall then calculate appropriate charges for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) that shall be utilized while calculating rates for non -owner strong waste and all septage customers. On all of the tables in this section, "City" shall designate all sewer customers except the non -owner retail customers who shall be designated "County". OPERATING EXPENSE 1) Treatment Facility Operating Expense (SU 232): As explained in Section 2, the 1976 Agreement stipulates, "Monthly sewage disposal charges shall be determined from the flow measured...". Therefore, it is not contractually appropriate to allocate BOD or TSS charges on "normal" domestic flow. These components only become significant when their concentration exceeds 300 ppm. At that concentration, they are considered strong waste. Consequently, Operation expenses for "normal" concentrations are allocated on the percentage of flow received. Approximately 95% of the county retail sewer customers receive their domestic water from the Nob Hill Water Association (Nob Hill). The Association reads these meters bi-monthly. Each individual customer's usage is reported by Nob Hill to the City's Customer Services Department where it is hand entered into the City's computer system for sewer billings. All sewer accounts that receive Nob Hill water are automatically set up by City staff .for a summer irrigation discount; (i.e. The winter flow rate (November through February) of 2007 COS Section 7 Page 3 October 24, 2007 each individual account is used throughout the entire year for calculating bimonthly sewer billing). Customers who receive their domestic water from a source other than Nob Hill water and have an alternate source of irrigation water must request a summer irrigation discount. While examining the percentage of flow received from the county customers, we must also allocate the Infiltration/Inflow (1/1) that is received and treated at the Facility. Since all of the flow from Terrace Heights and the majority from Union Gap are metered just prior to entering the City's system, for this report, all the non -billed (111) flow is allocated against retail County and City customers based upon the percentage of their billed flow. For the Test Year 2001 0.17% of the Operating Costs o f Treatment Facility SU 232 are allocated to County retail. This same calculation was performed for the other years of the planning period. For 2008, the calculation yields: Operation Expenses = 0.17% of $4,720,797 = $8,025. 2) Collection System Operating Expense (SU 211): As with previous reports, we have examined three methods of allocating this cost. Those methods are: 1) Percent Retail Flow, 2) Length of Pipe, or3) Number of Accounts. For this report, as before, staff chose to use the results of method 1, 0.17%. These results were then carried to Table 7-6 Operating Expenses SU 211 County to calculate the expense for each year of the planning period. For 2002, .the calculation yields: Collection Expenses = 0.17% of $ 2,819,956 = .$ 4,794. 3) Storm Sewer System Operating Expense (SU 213): For this report, operating and capital expenses of the storm sewer 2007 COS Section 7 Page 4 October 24, 2007 system (SU 213) that City crews presently maintain were allocated entirely to inside City customers. 4) Rudkin Road Lift Station Operating Expense (SU 215): Union Gap, inside city, and outside City customers utilize the Rudkin Road pumping station (SU 215); however, it is believed that Tess than 1% of the total flow through this station is from outside City retail customers. Therefore, at this time, staff chose to exclude these expenses from this user group. DEPRECIATION EXPENSE Introduction: Under a Utility Basis of accounting, customers pay depreciation expense associated with capital assets that are used to provide service. In concept, these funds pay to replace the system at such time as that is required (at the end of the depreciation period). This provides continuous service to these customers. The depreciation expense is applied to the entire original cost of the system without any deductions for grants or customer participation. Under a Utility Basis, the owner (City) is compensated for the initial construction local share of expenses of the treatment facility and interceptors through Capital Cost Recovery Fees (CCRC) and for initial construction local share of expenses of sewer collection system through Sewer Hookup Fees. 1) Treatment Facility: Staff performed an extensive review and update of the depreciation records of the Treatment Facility. The expense of the recently completed construction project and the construction in progress was also included. The Facility annual depreciation costs are shown on Table 7-7. These expenses are allocated based upon the percent of total treatment facility flow that has been established as 0.17% for the Test Year 2008. This value will vary in the future to reflect plant improvements and expansions and as the percent of plant flow from this user group varies. The annual Plant depreciation allocated to County during 2008 is $4,668., 2007 COS Section 7 Page 5 October 24, 2007 2) Collection System: For the 1994 and the 1996 report, staff researched over 1,000 individual collection system projects which have been installed since 1892. Projects were reviewed for project cost and physical location. Staff was, able to obtain a much more accurate accounting of the value of collection system dedicated to county customers. This total inventory value will increase as additional assets utilized by this user group are incorporated into the City's inventory, however the expense per account may decrease as additional customers utilize the same assets. For this report, staff has projected that 92% of the value of inventory prior to annexation shall come into the City. The remaining County customers were allocated the remaining 8% of the depreciation. Staff also projected the annual depreciation to remain flat through the planning period. As shown on Table 7-8, the annual depreciation expense of County collection system and dedicated capacity in the transmission lines for the year 2008 is $8,700. RETURN ON INVESTMENT The WPCF Manual says the following about Rate Base and Rate of Return: " The rate base is often defined as the total original cost dollar value of facilities used and useful in providing utility service. It usually includes the depreciated plant value less contributed capital including federal and state grants, plus cash working capital and, in certain jurisdictions, construction work in progress...." " The rate of return is established at a level that will permit recognition of business and financial risk. The rate of return is the rate that the utility is allowed an opportunity to earn, over and above operating expenses, depreciation expense, and taxes. The return component is intended to pay the annual interest cost of debt capital and provide a fair rate of return for the total equity capital employed. That money will then finance physical facilities used to provide wastewater services Return on plant value is seldom used under public ownership as a profit, but is used as a source of funds for reinvestment in additions, replacements, and improvements." 2007 cos Section 7 Page 6 October 24, 2007 The rate of return, expressed as a percentage, is applied to a utility's rate base to determine the amount of "return on investment" to be included in the utility's total revenue requirement. Determination of Rate Base: Tables 7-9 Rate Base Treatment Facility and 7-10 Rate Base Collection Facility show the original cost of the Yakima Domestic Wastewater Treatment and Collection facilities, Tess Federal and State grant funds, less accumulated depreciation, less contributed capital, plus construction work in progress, plus working capital. Determination of Rate of Return: Staff referred to AWWA Manual M35 Revenue Requirements. There it states "Courts and commissions have determined that for a utility to compete successfully in the capital markets, it should be allowed a return based on its "cost of capital." The cost of capital represents the weighted cost of the various classes of capital used by the utility." For this report the Rate of Return = 5.0%. Determination of Return Qn Investment: Applying a 5.0% rate of return to the non -owner's allocation of these rate bases results in the following return on investment due from non -owner (County) retail customers. For the Test Year 2008, as shown on Table 7-9 Treatment Facility Return on Investment equals $435. For the Test Year 2008, as shown on Table 7-10 For this report, staff has projected that 92% of the value of inventory prior to annexation shall come into the City. The remaining County customers were allocated the remaining 8% Collection System Return on Investment equals $5,8 2 4. 2007 COS Section 7 Page 7 October 24, 2007 Summary of Expenses: On Table 7-4 is listed the total revenue requirement (County) retail customers for 2008. 1) Operation Expenses A. Treatment expenses B. Collection expenses 2) Depreciation expense A. Treatment Facility expenses B. Collection System expenses 3) Return on Investment A. Treatment Facility B. Collection System Subtotal 4) Utility Tax (presently 14% of gross) TOTAL 2008 REVENUE REQUIREMENT for non -owner $ 8,025 $ 4,794 $ 4,668 $ 8,700 $ 435 $ 5,824 $32,446 $ 4,542 $36,988 Similar calculations were performed for each year of the planning period using projected flow and expense. The summary of these calculations is shown on Table 7-4. RATE STUDY: In the 1996 COS, it was recommended and adopted by Council that the City revise its sewer service and other charges to outside customers to include: • Adoption of a Ready -to -Serve (R -t -S) and Volume Charge f o r outside City customers which recovers the sewer service charge revenue requirement defined for outside customers for operations and maintenance, depreciation, and return on investment. • Discontinuance of the surcharge factor concept. Commencing with the adoption of the 1994 COS, wastewater service charges for outside customers are based on costs of providing service The use of the surcharge factor was deemed not an appropriate method to identify cost differences between inside and 2007 COS Section 7 Page 8 October 24, 2007 outside City customers and was not appropriate under the utility basis method used to establish rates. A separate, independent schedule of sewer service charges consisting of Ready -to -Serve and Volume charges was implemented for outside City customers. As in the 1994 and 1996 COS, the proposed charges are based on the following elements for each year of the planning period: 1) Annual Revenue Requirements 2) Number of Meter Equivalent Accounts 3) Total Billed Flow 1) Annual Revenue Requirements for County retail customers are shown on TABLE 7-4. 2) Number of Equivalent Accounts is shown on TABLE 5-7. 3) Total billed flow is shown on TABLE 5-1. Establishment of New Rates: Adjustment of Existing Rates: Table 7-3 EXISTING RATES demonstrates the anticipated revenue for each year of the planning period if rates remain at their current level. Shown on the top of Table 7-2 is a comparison of revenue values determined on 7-3 with revenue requirements from Table 7-4. The percentage shortfall of revenue produced by existing rates for each year of the planning period is demonstrated. The .anticipate revenue shortfalls are: 2008 -15.36% 2009 -15.01% 2010 -15.72% Following is a Proposal that adjusts existing rates to obtain required revenue. 2007 COS Section 7 Page 9 October 24, 2007 Proposed Option: (Three Even Steps) Three successive annual increases of 5.5% (cumulative 17.3%) applied to both the Ready -to - Serve charge and the Volume Charge (See 7-1). Table 7-1 calculates the revenue anticipated from this Option for each year of the planning period. Table 7-2 compares revenue values determined on 7-1 with allocated expenses from Table 7-4. Conclusions: For non -owner retail customers: 1) On Table 7-2, it is shown that for the years 2008 through 2010, revenue from existing rates would be approximately $5,000 (15.5%) less than their allocation of expenses. 2) The rate adjustment Proposal shown will generate approximately the revenue required through 2010. 3) The Depreciation and Return on Investment elements of collection system expenses are related to capital investment to the system that benefits this user group. During the past two years, several such major projects were financed by the City. These projects include the Washington Avenue Interceptor and the River Road work. The added depreciation and ROI expense from these projects accounts for the majority of the rate adjustment. 4) The relationship between rates for this user group and City retail is directly related to the cost of collection infrastructure per account. At such time that the existing pipelines for this user group are servicing additional accounts, the cost per account will decrease. 2007 COS Section 7 Page 10 October 24, 2007 Recommendation; It is the recommendation of this report that the Proposed Option be adopted and that rates are adjusted to the level required to provide adequate system revenue: • implementation of the Required Rate Increase in Three Phases (See Table 7-1) Existing Rate: Ready -to -Serve = $ 18.82 per meter equivalent Volume = $ 3.36 per UOC • Phase 1 2008 (April). Increases rates 5.5% Phase One: Ready -to -Serve = $1 9.86/equiv. Volume = $3.54/000 • Phase 2 2009 (January). Increases rates 5.5% Phase Two: Ready -to -Serve = $20.95/equiv. Volume = $3.73/000 • Phase 3 2010 (January). Increases rates 5.5% Phase Three: Ready -to -Serve = $22.10/equiv. Volume = $3.94/UOC The above rate increases will only bring rates current with the 2010 revenue requirements. Projections indicate that continuing annual increases of 2-3% will be required. 2007 COS Section 7 Page 11 October 24, 2007 Table 7-1 PROPOSED RATES Non -owner (County) Projected Annual Revenue 10/23/07 # Revenue Revenue TOTAL x Average Equivalent Total Billed (Ready- (Volume) Revenue Month Accounts Flow (UOC) to -Serve) 10 OUC (see Table (see Table 5-7) 5-1) EXISTING RATE Ready -to -Serve Charge $18.82 per Meter Equivalent $52.42 Volume Charge $3.36 per Unit of Consumption (748 gallons) 2007 40 10,591 $9,034 $35,586 $44,619 actual % PHASE ONE @ 5.50% increase Ready -to -Serve Charge $19.86 5.53% $55.26 Volume Charge $3.54 5.36% 2008 40 6,854 $9,533 $24,263 $33,796 % increase 0.00% -35.28% 5.53% -31.82% -24.26% actual % Combined % PHASE TWO @ 5.50% increase increase Ready -to -Serve Charge $20.95 5.49% 11.3296 $58.25 Volume Charge $3.73 5.37% 11.0196 2009 41 6,922 $10,307 $25,819 $36,126 % increase 2.50% 0.99% 8.13% 6.41% 6.9096 actual % PHASE THREE @ 5.50% increase Ready -to -Serve Charge $22.10 5.49% 17.43% $61.50 Volume Charge $3.94 5.63% 17.26% 2010 41 6,992 $10,873 $27,548 $38,422 % increase 0.00% 1.01% 5.49% 6.70% 6.35% 10/23/07 Table 7-2 Non -owner (County) Wastewater Retail Customer Projected Revenue/Requirement 10/23/07 Projected Projected Revenue % Revenue Requirement Shortfall Shortfall CURRENT RATES Table 7-3 Table 7-4 Year Projected Revenue Requirement 2007 $44,619 $43,672 $947 2.12% 2008 $32,063 $36,988 ($4,925) -15.36% 2009 $32,517 $37,397 ($4,880) -15.01% 2010 $32,753 $37,903 ($5,150) -15.72% 2008-2010 $97,333 $112,288 ($14,955) PROPOSED RATES 3 Phased Annually @ 5.5% Table 7-1 Table 12-4 Projected Revenue Requirement 2007 $44,619 $43,672. $947 2.12% 2008 $33,796 $36,988 ($3,192) -9.44% 2009 $36,126 $37,397 ($1,271) -3.52% 2010 . $38,422 $37,903 $519 1.35% 2008-2010 $108,344 $112,288 ($3,944) 10/23/07 Table 7-3 EXISTING RATES Non -owner Projected Annual Revenue Existing Rates 10/23/07 # Revenue Revenue TOTAL Equivalent Total Billed (Ready- (Volume) Revenue Accounts Flow (UOC) to -Serve) (see Table (see Table 5-7) 5-1) EXISTING RATES Ready -to -Serve Charge $18.82 per Meter Equivalent Volume Charge $3.36 per Unit of Consumption (748 gallons) 2007 40 10,591 $9,034 $35,586 $44,619 **Assumes 90% Annexation 2008 40 6,854 $9,034 $23,029 $32,063 % increase 1.25% -35.28% 0.00% -35.28% -28.14% 2009 41 6,922 $9,259 $23,258 $32,517 % increase 1.25% 0.99% 2.50% 0.99% 1.42% 2010 41 6,992 $9,259 $23,493 $32,753 % increase 1.25% 1.01% 0.00% 1.01% 0.72% 10/23/07 Table 7-4 Non -owner (County) Retail Customers Annual Revenue Requirement Source Reference 2007 2008 2009 2010 Table Billable Flow UOC 5-1 10,591 6,854 6,922 6,992 Flow % Increase 5-1 2.50% -35.28% 0.99% 1.01% % Total plant flow 5-1 0.27% 0.17% 0.17% 0.17% Customer Accounts 5-6 40 40 40 40 Equivalent Accounts 5-7 40 40 41 41 Operation Expense Treatment (SU 232) 7-5 $11,953 $8,025 $8,212 $8,477 Collection (SU 211) 7-6 $6,729 $4,794 $4,965 $5,144 subtotal $18,682 $12,819 $13,177 $13,621 Depreciation Expense Treatment 7-7 $4,668 $4,668 $4,668 $4,668 Collection 7-8 $8,700 $8,700 $8,700 $8,700 subtotal $13,368 $13,368 $13,368 $13,368 Return on Investment Treatment 7-9 $435 $435 $435 $435 Collection 7-10 $5,824 $5,824 $5,824 $5,824 subtotal $6,259 $6,259 $6,259 $6,259 Subtotal $38,309 $32,446 $32,804 $33,248 Utility Tax @ 14% of Gross $5,363 $4,542 $4,593 $4,655 Total Expense Allocation $43,672 $36,988 $37,397 $37,903 % increase -15.30% 1.10% 1.35% 10/24/07 Table 7-5 TREATMENT FACILITY (SU 232) Operating Expenses Non -Owner Allocation Account Description Final Final Final Estimate Estimate Budget Estimate No. 2004 2005 2006 2007 2008 2009 2010 Budget Test TREATMENT FACILITY SERVICE UNIT 232 Year OPERATIONS EXPENSES (see Table 4-6) 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 subtotal Operations 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 2007 0.27% $11,953 2008 0.17% $8,025 Non -owner (County) Retail Allocation 2009 0.17% $8,212 2010 0.17% $8,477 Flow percentages from Table 5-1 (% Total Plant Flow ) 10/" 17 Table 7-6 COLLECTIONS (Service Unit 21 1) Expenses Non -owner (County) Allocation Account Description Final Final Final Budget Estimate Estimate Estimate No. 2004 2005 2006 2007 2008 2009 2010 Estimate Test _ COLLECTIONS SERVICE UNIT 211 Year OPERATION EXPENSES (see Table 4-3) 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956 2,920,541 3,026,154 subtotal Operations 2,256,602 2,458,053 2,445,256 2,492,380 2,819,956 2,920,541 3,026,154 2007 0.27% $6,729 2008 0.17% $4,794 Non -owner (County) Retail Allocation 2009 0.17% $4,965 2010 0.17% $5,144 Collection Percentage from Table 5-1 (% Retail Flow) 10/23/07 Table 7-7 DEPRECIATION Allocation of TREATMENT FACILITY for Utility Basis Method Page 1 of 1 Acct. ! No. ! 17383 17383 Description Sanitary Sewer Treatment Facility Structur & Improv Structur & Improv (Pease) Date 1370 1989 Est. Life 40 40 Historical ! Cost Existing Plant $2,617 *422,642 Annual Depreciation 2008 o65 $10.566 17383 17383 17383 l7383` 17383 Storage Building Building!Romode| Structur & Improv (Pease) Lagoon Cleanout Struct & Improv (Mullen) 1991 , 1992 1989 1989 1981 20 20 20 10 40 � $7,410$37l $63„549 $877,753 $512.319 $8.345.181 $3.177 $43,888 *O $226.612 17383 17383 17383 l7383 17383 17383 173833tnu8 Stmct&Improv (CopenhaQen) Struct & Improv (PKS) Struct & Improv (PKS) Truck Scale wml093Pnoj.1612 Biosolids Storage wo 1062 prpj. 1556 Struct & Improv (Humphrey) o� Improv (Humphray) 1385 1389 1989 1995 1995 1995 1995 40 40 20 20 20 40 20 $249,477 $6,773„968 $1'849.G85 $148,800 $614„055 $2.004/444 $6.549 $177.8l7 $129 478 $7„440 $30.703 $291^260 $100.222 17383, '. 17383~EnuipmantPrepurchase 17383 17383 17383 173831QasyA8iosoids 17383!VVVVTP Struct &|mpnov(Humphrey) pnoj156G Struct & Improv (IMCO) pnjlh30 Struct&Improv (|MCO)pro' l838 Struut&Improv (IMCO)Qrpj 1638 Proj 1752 Facility Rehab PnoilDO4 1995� 1937 1999 1999 1999 1999 1999 15 20 15 20 40 10 10 *Ei78D679 $260 631 $2J81„878 *2„447„607 $2,141.773 $12 685 $188.309 • $169 717 $l3/}32 $188.362 *124,409 $54'523 $1.268 $18.831 subtotal Treatment Facility, 18273Sewage Disposal Equip 18273,.�Hot wtrkm/Elect wmu1142pnoj#1713 18273!HVAC equip vwmul142pnV#17l3 1991 1996 1996 40 20 15 $40,860,193 $81,487 $342.5O3 $60,410 $1.538.190 *1537 $17^125 $4,027 18273:Air Compnm�or 1 l998 10 $4,963 $496 subtotal Treatment Facility Trickling Filter Mechanism Fac|hvRanUpdate pn�l9S0 : 2081' 2004 20 5 $469,364 $1,408 110 $603,701$120J40 *23^188 � $70,406 � subtotal General Plant ; [--- %�U1l^�l1 $l�l.l46 ' I 2086 - 2008 Plant Improvements Phase 1 Improvements (2055) Phase 1 Improvements (2055) Phase 1 Improvements (2055) Phase 1 Improvements (2055) 2008 2008 2008 ;2008 40 25 20 15 ' $1.520,387 $707A91 g9,917„407 $1.687.154 $38,010 $28,300 $495,870 $112.477 Phase 1 Improvements (2055) 2008! 10 City cfYakima (2O55) • 2008! 10 UV disinfection (2182) ! 2008! 15 UV disinfection (2182) i 2008' 20 UV disinfection (2182) ! 20081 40 $662.752 $474842 $16,015 $1^806„547 $1.076.550 $66,275 $47,484 $1.068 $90,327 $53.828 � euLtoto| Plant Improvements | ` $17'859.145 $933,639 ' TOTAL . Outside Customer Treatment ! $61.210„513 Facility Depreciation! $2J48160 �0.170% $4.668 10/23/07 Table 7-8 DEPRECIATION Allocation of COLLECTION SYSTEM for Utility Basis Method Page 1 of 1 Acct. Date Service Historical Annual Percent Allocation Rate Base Allocation No. Description Acquired Life Cost Existing Depreciation City (1) County City (1) County Sanitary Sewer Maintenance 17384 Structure (Don Young Property) 1993 40 $630,569 S15,764 10096 0.17% $15,737 $27 17384 Structure (Don Young Property) 1993 10 $90,705 $9,071 10096 0.17% $9,055 $15 17384 Structure (Don Young Property) 1993 20 $289,638 $14,482 100% 0.17% $14,457 $25 subtotal Structures $1,010,912 $39,317 $39,250 $67 Sanitary Sewer Trunks/Interceptors 17714 -001 Interceptors (West Valley) *2 1978 40 $3,661,042 $91,526 95% 5% $86,950 $4,576 17714 -001 Trunks (83rd Ave) 1981 40 836,159 $904 98% 2% S886 $18 17714 North First Str Proj 1795 1999 40 $910,213 $22,755 5096 596 $11,378 $11,378 17714 Airport/Armory Proj 1822 1999 40 $79,436 $1,986 90% 10% $1,787 $199 17714 7thStrinterceptor 1999 40 $1,830,709 $45,768 9596 596 $43,479 $2,288 $6,517,558 $162,939 89% 11% $144,480 $18,459 17714 Trunks (Airport South) AhtanumTrunk 1998 2001 40 40 $929,583 $1,325,000 $23,240 $33,125 9096 9096 10% 10% $20,916 $29,813 $2,324 $3,313 17714 96th Ave 2001 40 $642,174 $16,054 8096 20% $12,843 $3,211 Washington Ave (20") 2004 40 $1,235,163 $30,879 7596 2596 $23,159 $7,720 Washington Ave (15") 2004 40 $1,599,289 $39,982 4096 60% $15,993 $23,989 Washington Ave (52-72) 2006 40 $569,250 $14,231 70% 30% $9,962 $4,269 River Rd 2007 40 $2,970,000 $74,250 50% 5096 $37,125 $37,125 40th & Fruitvale 2007 40 $145,000 $3,625 5096 5096 $1,813 $1,813 Speedway 2006 40 $1,722,318 $43,058 85% 15% $36,599 $6,459 subtotal Transmission/Collection $11,137,777 $278,444 $188,222 $90,222 Total Outside Collection System $18,666,246 $480,700 77% 2396 $371,952 $108,748 Outside % flow 0.1796 City $371,952 County $108,748 Charge @ 896 8,700 10/23/07 Table 7-9 RATE BASE / RETURN ON INVESTMENT Allocation of TREATMENT FACILITY RATE BASE for Utility Basis Method 10/234. Historical Accumulated Percent Less Local Credited Rate Description Cost Existing Depreciation Depredated Federal/State Cash Depredation Base Percent Allocation Rate Base Allocation Plant 2008 (PD) (rants (LC) (CD) (RB) City County City County (HC) (AD) PD . AD/HC (Gr) LC . HC -Gr CD . PD`LC R8 - LC -CD (1) (1) Sanitary Sewer Treatment Fadllty Land and Lend Rights 111,923 SO 0.0016 90 511,923 SO 911,923 99.83% 0.1796 911,902 920 Structure & Improve (1945-1975/ 50yr) 9245,714 9217,382 88.4796 90 9245,714 9217,382 528.333 99.83% 0.1796 528,284 548 Structure & Improve (Mullen -1982) 915,000,915 910,470,668 69.80% 914,526,425 5474,490 5331,195 5143,295 99.83% 0.1796 1143,051 $244 Structure & Improve (Coppenhagen-86) 9738,044 9498,057 67.48% $0 1738,044 9498,057 6239,988 99.8396 0.1796 5239,580 9408 Structure & Improve (10ewlt-1985) 910 528,834 95,743,322 54.5596 $9,397,472 51,131,362 5617 141 5514,221 99.8396 0.1796 5513,347 5874 Electrician's Office 58,348 $6,261 75.00% $0 58,348 ' 56.261 12,087 99.8396 0.1796 $2,083 $4 Storage Bulldng 97,410 93,563 48.0996 30 97,410 53,563 93,847 99.83% 0.1796 $3,840 57 Building Remodel 963,549 528,597 45.00% 50 $63,549 928,597 534,952 99.8396 0.1796 534,893 559 Lagoon Cleanout 5512,319 5512,319 100.00% ;0 $512,319 5512,319 (S0)- 99.83% 0.17% (50) (50) Structure& Improve (Pease -1989) 12,537,728 91,643,806 64.7796 SO 52,537,728 91,643806 5893,921 99.8396 0.17% 1892,402 11,520 Structure & Improve (Humphrey -1993) 913,159,845 $3,367,197 25.59% 95,615077 17544,768 91,930,473 55,614,295 99.8396 0.1796 55,604,751 19,544 Lagoon Cleanout wo 1093 Rol. 1612 1928,109 5512,226 55.1996 90 9928,109 5512,226 1415,884 99.8396 0.1796 9415,177 9707 &maids Storage wo 1062 pro). 1556 9683,872 9226,107 33.0696 90 5683,872 1226,107 $457,765 99.8396 0.17% 9456,987 9778 Blmolkh Landscaping w01096 pro11636 994,756 856,854 69.0096 80 594,755 956,954 937,903_ 99.83% 0.1796 537,838 164 Trickling Filter Rehab wo1113 prof1673 975,721 545,433 60.00% 80 $75,721 945,433 930,289 99.8396 0.17% 830,237 551 Structure & Improve (19500.1999) 97,371,258 9367,294 4.9896 90 97,371,258 9367,294 57,003,964 99.8396 0.1796 16,992,057 511,907 Equipment Repurchase Prof 1566 8260,631 $13,032 5.0096 90 4260,631 113,032 9247,599 99.8396 0.1796 9247 179 1421 Class A Bimalde prof 1752 912,685 51,269 10.00% 90 912,685 51,269 911,416 99.83% 0.17% 511,397 519 WWTP Facility Rehab prcl 1804 1188.309 118,831 10.00% 80 $188,309 918,831 9169,478 99.8316 0.17% 9169,190 5288 552,429,970 523,732,216 $29,538,974 $22,890,996 97,029,837 515,861,159 115,834,195 $26,964 Equipment Structure & Improve (1945-1975/ 25yr) 51,021,896 91,021,896 100.0096 90 51,021,896 51,021 896 (901 99.83% 0.1796 (90) (90) Industrial Coating/Secondary Digester $97,567 151,452 52.7396 90 $97,567 551,452 846,115 99.8396 0.1796 946,037 978 Equipment 86,527 96,527 100.0096 90 96,527 16,527 '50 99.8396 0.1796 30 50 Blower Rehab woft1120pro111696 985,019 151,011 60.00% 80 985,019 951,011 934,007 99.83% 0.1796 933,950 $58 Bird Centrfge Rehab wo#1126 0,181666 $59,001 535,401 60.0016 90 959,001 135,401 123,601 99.8396 0.1796 923,560 940 Mechlal Improv wo 1142 pro) 1713 $538,878 9173,745 32.2496 SO 1538,878 9173,745 5355,133 99.8399 ' 0.17% 9364,512 $621 Service Air Comp 0,011716 94,147 11,659 40.0096 10 84,147 51,659 92,488 99.8396 0.1796 92,484 $4 SCADA Improc Pro) 1637 5330,326 9198,195 60.00% 30 8330,326 1196,195 $132,130 99.83% 0.1796 $131,906 9225 AR Compressor 84.963 9993 20.0096 90 94163 8993 93,971 99.8394 0,1795 93,964 97 subtotal Treatment Facility 92 148,324 81,540.879 90 12,148,324 $1,549979 1607,445_ 9606,413 91,033 Genenl Plant Office Furniture and Equipment 544,575 538,758 86.9599 80 944,575 936,758 95,817 99.8396 0.17% $5,807 910 Toots, Shop & Garage Equipment 828,232 $28,232 100.0096 SO $28,232 528,232 $0 99.83% 0.1796 $0 $0 Laboratory Equipment $66,801 860 136 90.02% 10 966,801 $60,136 96,665 99.83% 0.17% 56,654 111 Power Operated Equipment 97,639 97,639 100.0096 90 57,639 $7,639 SO 99.8396 0.1796 90 90 Communlatlao Equipment 137,232 133,302 89.4596 $0 537,232 533,302 53,929 99.8396 0.17% 53,923 97 MMcellaneous Equipment 963,066 950,371 79.8796 80 963,066 550.371 812,695 99.83% 0.17% 112,674 ' 522 subtotal General Plant 9247,545 1218,439 80 8247,545 9218 439 529,107 929,057 549 1999-2002 Plent Improvements THclding Filter Mechanism (2001) 51,408,110 5422,433 30.0016 50 91,408,110 $422,433 1985,677 99.8396 0.17% 5984,001 91,676 Facility Plan Update pro11960 9603,701 1392,221 60.0096 90 5603,701 5362,221 9241,480 99.8396 0.1796 $241,070 9411 subtotal Plant Improvements 12,011,811 9784 654 92,011,811 $784,654 91,227,157 $1,225,071 92,086 2006 - 2008 Plant Improvements ' est. Phase 1 Improvements (2055) 2007 91,520,387 138,010 ' 2.50% 90 51,520,387 538,010 91,482,377 99.83% 0.1796 $1,479,857 92,520 Phase 1 Improvements (2055) 2007 8707,491 9283 0.0496 90 9757,491 $283 5707,208 99.8396 0.17% 1706,006 11,202 Phase 1 Improvements (2055) 2007 99,917,407 9495,870 5.00% 90 99,917,407 9495,870 99,421,537 99.8396 0.17% 59,405,520 516,017 Phase 1 Improvements (2055) 2007 51,687,154 5112,477 6.67% 90 51,687,154 9112,477 91,574,677 99.83% 0.1796 91,572,000 52,677 Phase 1 Improvements (2055) 2007 1662,752 566,275 10.00% SO 9662,752 566,275 5596,477 99.83% 0.1796 5595,463 91,014 Gty of Yakima (2055) 2007 9474,842 947,484 10.0096 30 9474,842 347,484 5427,358 99.83% 0.1796 $426,631 5727 UV disinfection (2182) 2008 516,015 54,804 30.00% $0 916,015 14,604 911,210 99.8396 0.17% 911,191 519 UV disinfection (2182) 2008 91,806,547 5541,964 30.0091 50 91,806,547 5541,964 51,264,583 99.8396 0.17% 91,262,433 92,150 W disinfection (2182) 2008 ;1,076,550 8322,965 30.0096 SO 51,076,550 8322.965 9753,585 99.8396 0,17% 1752,304 $1,281 subtotal Rent Improvements 917,869,145 51,630,133 117,869,145 51,630,133 516,239012 116,211,406 927,606 Working Capital 45 days of O&M expenses 54,720,797 X 45 / 365 $582,016 99.8396 0.1796 5581,027 5989 Total Treatment Facility 561,570,370 926,276,187 129,538,974 927,310,599 59,573,808 918,318,807 918,287,665 531,142 (1) For this table, City represents all users except County retail customers. City 518,287,665 County 931,142 (2) Allocation based upon percentage of flow from user group Connection Charges (treatment) 922,451 County (2008) 0.17% County Rate Base Trea ant Facility 98,691 1 Return on Investment O 5.0096 $435 L 1 10/234. Table 7-10 Rate Base / Return on Investment Allocation of COLLECTION SYSTEM for Utility Basis Method Page 1 of 1 10/23/07 Date Service Historical Percent Less Local credited Rate Percent Allocation Rate Base Allocation Description Acquired Life Cost Existing Depreciation contributions cash depreciation base City (1) County City (1) County Sanitary Sewer Maintenance 2008 Structure (Don Young Property) 1993 40 $630,569 3896 $630,569 $236,463 $394,105 100% 0.1796 $393,435 $670 Structure (Don Young Property) 1993 10 $90,705 100% $90,705 $90,705 $0 100% 0.17% $0 $0 Structure (Don Young Property) - 1993 20 - $289,638 75% - - $289,638 $217,229 $72,410 10096 0.17% $72,286 $123 subtotal Structures $1,010,912 $0 $1,010,912 $544,397 $466,515 100% 0.1736 $465,722 $793 Sanitary Sewer Trunks/Interceptors -001 Interceptors (West Valley) *2 1978 40 $3,661,042 75% $3,239,992 $421,050 $315,787 $105,262 95% 5% $99,999 $5,263 -001 Trunks (83rd Ave) 1981 40 $36,159 68% $36,159 $24,407 $11,752 9896 2% $11,517 $235 North First Str Proj 1795 1999 40 $910,213 2396 $910,213 $204,798 $705,415 95% 5% $670,144 $35,271 _ Airport/Armory Proj 1822 1999 40 $79,436 23% $79,436 $0 $0 $0 9096 10% $0 $0 7th Str Interceptor 1999 40 $1,830,709 23% $1,830,709 $411,909 91,418799 95% 596 $1,347,859 $70,940 $6,517,558 $3,319,428 $3,198,130 $956,902 $2,241,228 9596 596 $2,129,519 $111,709 Trunks (Airport South) 1998 40 $929,583 25% $929,583 $232,396 $697,187 90% 1096 $627,469 $69,719 AhtanumTrunk 2001 40 $1,325,000 18% $1,325,000 $231,875 $1,093,125 90% 1096 $983,813 $109,313 96th Ave 2001 40 $642,174 18% $642,174 $112,380 $529,794 80% 20% $423,835 $105,959 Washington Ave (20") 2004 40 $1,235,163 10% $1,235,163 $123,516 $1,111,647 75% 25% $833,735 $277,912 Washington Ave (15") 2004 40 $1,599,289 10% $1,599,289 $159,929 $1,439,360 40% 6046 $575,744 $863,616 Washington Ave (52-72) 2006 40 $569,250 596 $569,250 $28,463 $540,788 7046 30% $378,551 $162,236 River Rd 2007 40 $2,970,000 3% $2,970,000 $74,250 $2,895,750 50% 50% $1,447,875 $1,447,875 40th & Fruitvale 2007 40 $145,000 396 $145,000 $3,625 $141,375 50% 50% $70,688 $70,688 Speedway 2006 40 $1,722,318 5% $1,722,318 $86,116 $1,636,202 85% 15% $1,390,772 $245,430 subtotal Transmission/Collection $11,137,777 $0 $11,137,777 $1,052,550 $10,085,227 6796 33% $6,732,480 $3,352,747 Total Collection System $18,666,247 $3,319,428 $15,346,819 $2,553,848 $12,792,970 73% 27% $9,327,722 $3,465,249 City $9,327,722 County $3,465,249 Less County Contributions to Date Outside %flow 0.17% LID Participation $1,459,893 CCRC $274,905 Connection Charges $274,440 sub -total $1,456,011 Return on Investment @ 5.0% $72,801 [harge at 8% 95,824 10/23/07 SECTION 8 NON -OWNER RETAIL STRONG WASTE AND SEPTIC CUSTOMERS Introduction: In Section 7, rates for non -owner (County) retail customers who discharge "normal" domestic flow as defined in the "1976 Agreement" were developed. In this section, rates using a UTILITY RATE BASIS for County customers discharging Strong Waste and for septic customers wherever they reside will be developed. The "1976 Agreement" establishes a base level of 300 parts per million (ppm) for concentrations of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS). Discharges that contain concentrations of these pollutants in excess of 300 ppm are considered Strong Waste discharges and are subject to a surcharge. Although retail rates are not bound by this threshold, and National studies indicate that "normal" domestic sewage has concentrations of only 240 to 200 ppm of BOD and TSS respectively, these concentration levels (300/300) are currently being used to determine non -owner (County) Strong Waste retail customers. As presented in Section 2, Public Law 92-500, Section 204 (b) (1) (A) states that the costs of operation and maintenance of a sewerage system must be recovered from sewer service charges that are proportional to costs of providing service. Also, 40 CFR Chapter 35.835- 5 states that no grant may be awarded unless that applicant has an equitable system of cost recovery. "Such system shall provide for an equitable assessment of costs whereby such assessments upon dischargers of industrial wastes correspond to the cost of the waste treatment, taking into account the volume and strength of the industrial, domestic, and commercial wastes, and all other waste discharges treated...." The cost of service study is a part of the development of a wastewater service charge system that bases charges for service, and capital cost allocation, on the flow and strength characteristics of customers. Strength characteristics should include customer's BOD and TSS levels, although additional strengths may also be included. 2007 COS Section.8 Page 1 October'24, 2007 Purpose of Cost of Service Study: The rate setting methods used in this section are the same as used in Section 7. Again, the purposes of this cost of service study for non - owner customers of the' Retail System are to: • Allocate operating, depreciation, and return on investment costs of providing service to non -owner customers. • Determine whether or not non -owner retail customers receiving service from the City's sewerage system are paying fair and appropriate shares of costs of providing service. • Use the results of the retail cost of service study to establish rates and charges for non -owner customers. Cost of Service Procedure: The cost of service procedure, which will result in the appropriate allocations, requires that we formulate the following information about expenses to the system. For all rate calculations, staff used projected information for all years of the planning period; however, the included Tables show detailed information for only the Test Year of 2008. 1) Operation Expenses A. Treatment expenses and applicable allocation. B. Collection expenses and applicable allocation. 2) Depreciation expense A. Treatment Facility expenses and applicable allocation. B. Collection System expenses and applicable allocation. 3) Return on Investment (ROI) A. Treatment Facility rate base and applicable Rate -of -Return. B. Collection System rate base and applicable Rate -of -Return. • The first step is to organize cost data in terms of functions performed on the wastewater system. This step is called functionalization. For this process staff employed the same categories historically used by the maintenance department to identify separate 2007 COS Section 8 Page 2 October 24, 2007 processes (areas) within the treatment facility. All capital and equipment expenses were assigned to one of these areas. The initial capital investment and current annual depreciation for each area are listed on Table 8-4. ▪ The second step in the cost of service study involves the classification of operating expenses and capital investment in sewer utility plant in service to cost components (called parameters in EPA rules). The cost components identified for the cost of service analyses are 1) flow, 2) biochemical oxygen demand (BOD), 3) total suspended solids (TSS), Fats -oils -grease (FOG). The loading parameters (percentage) used are those recommended by an EPA bulletin. This operation had previously been performed, .result are utilized on Able 8-3. o No collection expenses (SU 21 1) are presently allocated against strong waste or septage charges. • The assignment of depreciation expense for the wastewater treatment plant to the cost components, as shown on Table 8-4, indicate that much of the investment in the treatment plant has been made to correct for BOD and TSS strengths found in the system influent. The percentage classifications of costs to the various components were determined to be as follows: Classification of Treatment Facility Depreciation Expense Flow 20.0% BOD 43.0% TSS 35.0% FOG 2.0% TOTAL 100.00% Organization of Cost of Service Tables - Non -owner Strong Waste Customers: On all of the tables in this section, "City" refers all sewer customers except the non -owner retail customers, who are designated "County". 1) Treatment Facility Operating Expense (SU 232) projected for each year of the planning period was taken from Table 4-6. 2007 COS Section 8 Page 3 October 24, 2007 2) Table 8-4 shows the Treatment Facility Depreciation Expense (SU 232) projected for the test year 2008. This is not anticipated to vary significantly throughout the planning period. 3) Table 8-5 shows the Treatment Facility Return on Investment (SU 232): The Rate Base will decrease by the amount of additional depreciation credited, and will increase by the amount of new capital investment in the facility, during each year of the planning period. For this report, staff anticipated this value to remain constant throughout the planning period. 4) Utility Tax (SU 232): Per City Municipal Code, Utility Tax is charged at the rate of 14% on gross revenue. The summation of these expenses is the total costs for treatment of these pollutants under a utility rate basis. As indicated on Table 8-3 , for 2008 total expense equals: Hydraulic = $ 1,978,246 BOD = $ 4,253,230 TSS = $ 3,461,931 5) Hydraulic and Pollutant Loadings: As presented in on Table 5-1 and 5-4, staff projected the total Hydraulic, BOD and TSS loading for 2008. Hydraulic = 5,392,610 UOC BOD = 9,102,500 lbs. TSS = 7,440,000 Ibs. Utilizing 2008 data yields a unit cost on a Utility Basis for treatment of Hydraulic = $ 0.368 per UOC BOD = $ 0.470 per pound. TSS = $ 0.467 per pound. The same calculation was performed using data for each year of the planning period. Also calculated were the cost for hydraulic flow through the Treatment Facility and the cost to receive Septage. Results of these calculations are shown on Table 8-2. 2007 COS Section 8 Page 4 October 24, 2007 Conclusions: Public Law 92-500, Section 204 (b) (1) (A) states that the costs of operation and maintenance of a sewerage system must be recovered from sewer service charges that are proportional to costs of providing service. Section 3 of this report outlines upcoming Capital Projects. Nearly all of these projects are necessary because of the increasing loading of BOD and TSS. The percentage adjustment is caused two factors; 1) increased cost, and 2) The actual and projected loading of each constituent, BOD and TSS, has decreased from those projected in the 2001 COS. In the wake of recent annexations, there currently is only one strong waste customer in this customer class. Their bill is $22 every two months. Recommendations: Staff recommends County retail strong waste rates be decreased to the average Full Cost of Treatment for the years 2008 - 2010 in one phase: Implement Phase One . This would decrease rates to the average Full Cost of Treatment for the period 2008 - 2010. Existing: BOD = $ 0.537 per pound TSS = $ 0.522 per pound Phase One: BOD = $ 0.470 per pound SS = $ 0.467 per pound 2007 COS Section 8 Page 5 October 24, 2007 Septage Waste Rates Staff examined the last retail non -owner customers, the septage waste customers. In 1992, the plant received 2.9 million gallons of septage waste. Representative samples were taken weekly and analyzed for strength (BOD and TSS). The average of these weekly tests gave a BOD concentration of 7,500 ppm and TSS concentration of 25,900 ppm. These concentrations were utilized to calculate rates. Due to the 1993 and subsequent rate increases, the quantity of septage delivered to the Wastewater Facility dramatically decreased. The vast majority of the septage waste is currently being disposed of at the County Cheyne Landfill. The County anticipates they have capacity for numerous years of septage waste at this site. Therefore, we anticipate receiving only a very limited quantity of this waste during the planning period. This allows the capacity of the plant to be available for the residents and businesses within the collection system boundaries. In calculating a rate for what quantity of septage we do receive, staff utilized the unit costs developed in Section 7 and the concentrations found by testing. A fixed cost for labor, capital, and equipment was also included. Recommendations: Staff recommends septage waste rates be adjusted to the Full Cost of Treatment for the years 2008 - 2010 in one phases: Implement Phase One . This increases rates to that calculated by using PHASE ONE strong waste unit costs: Existing: = $ 0.337 per gallon Phase One: = $ 0.381 per gallon 2007 COS Section 8 Page 6 October 24, 2007 Table 8-1 Full Cost of Treatment Proposed Rate Adjustment County 'Retail Strong Waste/ Septage and Exceptional Waste Charges. 10/23/07 hydraulic BOD TSS Septage Existing $0.271 $0.537 $0.522 $0.337 Proposed Average $0.368 $0.470 $0.467 $0.381 2008-2010 % increase 35.79% -12.48% -10.54% 13.06% 10/23/07 e 10/7 Table 8-2 Unit Cost for Average Septage Waste All Costs From Table 8-3 1) Dedicated cost for receiving average gallon of septage = $0.250 / gallon 2) Strong Waste Charge for treatment of average gallon of Septage BOD = $0.470 / Ib. = 7,500 / 1,000,000 X TSS = $0.467 / Ib. = 25,900 / 1,000,000 X 8.34 X $0.470 = $0.029 / gallon 8.34 X $0.467 = $0.101 / gallon Flow = $0.368 / UOC _ $0.368 / 748 = $0.000 / gallon TOTAL = $0.381 / gallon Subtotal Receive and Treat = $0.334 / gallon Utility Tax @ 14% = $0.047 / gallon See Table 8-3 for unit costs of components Component concentrations from average of weekly testing program BOD = 7,500ppm SS = 25,900ppm Table 8-3 UTILITY BASIS Allocation of Treatment Facility Expenses (SU 232) Unit Cost Flow, BOD, SS, Septage Service Description Projected Cost Component Factor (%) •,. Cost Com.onent $ Unit Expense Flow BOD TSS FOG Flow BOD TSS FOG 2008 20.00% 43.00% 35.00% 2.00% 232 Operations (1) 4,720,797 944,159 2,029,943 1,652,279 94,416 pre-treatment cost share (6) 293,622 58,724 126,257 232 Depreciation (2) 2,746,160 549,232 1,180,849 961,156 54,923 232 R -O -I @ 5.0% (3) 915,940 183,188 393,854 320,579 18,319 232 Utility Tax @14% 1,214,713 242,943 522,326 425,149 24,294 Total 9,891,232 1,978,246 4,253,230 3,461,931 197,825 (1) See Table 4-6 Hydraulic Flow Cost 1,978,246 = $0.367 •er UOC treated (2) See Table 8-4 Flow Total UOC 5,392,610 (4) (3) See Table 8-5 (4) See Table 5-1 (5) See Table 5-4 Biochemical Oxygen Demand Cost 4,253,230 = $0.467 per pound treated (6) See Table 6-2 BOD Total lbs. 9,102,500 (5) Total Suspended Solids Cost 3,4611931 = $0.465 per pound treated TSS Total lbs. 7,440,000 (5) Hydraulic BOD TSS Existing Rate $0.271 $0.537 $0.522 Calculation for the Year Hydraulic increase BOD increase TSS increase 2008 $0.367 35% $0.467 -13% $0.465 -11% 2009 $0.368 36% $0.470 -12% $0.467 -11% 2010 $0.370 37% $0.472 -12% $0.470 -10% 3 year average $0.368 36% $0.470 -13% $0.467 -10% 10/23/07 Table 8-4 DEPRECIATION Allocation of TREATMENT FACILITY for Utility Basis Method Acct. | No. ! Description �DatoEst. !Acquired Acquired |jfo Historical: Cost Existing Plant Annual Depreciation 2808 Sanitary Sewer Treatment Facility 17383 S�uc�r&hnpmv — 1970 40 $2,617 $65 17383.Stnuctur&Improv (Pease) 1889 40 $422,642 $10,566 17383 Storage B..� 1991 20 . $7,410 *37l 17383 Building Remodel � 1992 20 $63„548 $3,177 17383 Structur & Improv (Pease) 1989 20 $8777B $43,888 17383 Lagoon Cleanout 1989 10 $512 319 $0 17383Stnx�& Improv (Mullen) 1981 40 $8,345,191 $2Z6512 17383 �3tmct & Improv (Copenhagen) 1985 40 $249,477 $6 549 17383 'Stuuct & Improv (PKE)--r- '3truct&Improv (PKS) 1989 1989^ 40 20 $6,773,968 $177,81717383 $1,848,685 $129/478 17383Tn�kSmdewml093Pn�l612 ' 1995 20 $148,800$7/w0 l7383�8k�oidsStorage wo 1062proj.1556 ! 1995 20 $514J055 � $30 703 S��&k�mv 1995 40 .$4,366„722$291,26017383 17383 Stnxct&Improv (Humphrey) ! 1895 20 $2,004,444 $100,222 17383 Struct & Improv (Humphrey) 1395j 15 $6.788.679 .&1 _69J17' 17383 Equipment Prepurchase pndl56S 1997 20 $260.631 $13,032 17383 Struct&Improv (|MCO)pndl638 1999 15 —_$2,7Bl^O78 $18O`362 17383 Struct & Improv (IMCO) proj 1638 1999 20 $2,447,607 $124.409 17383 'Stuct&Improv (IMCO)pndl638 1999 40 $2.141.773 . $64`523 17383 Class AEuouo|ida Proj 1752 1999 10 | $12,685 $1'269 17383 VYYVTPFacility Rehab Pnoi1804 1993. 10 $188.309 $18.831 subtotal Treatment Facihty *40,860,193 $1.598190 18273 Sewage Disposal Equip !1991 40 $G1.487 $1^537 18273 Hot wmrg|poQ/E|mctvw�'1l42pn�#l713 ! 1996 20 $342,503 . $17JZ5 18273 HVAC equip wo#ll42nu8#1713 . 133615 $60.410 ' $4,027 18273 Air Compressor � 1998i 10 $4/963 | $496 _ subtotal Treatment Facility $469„364 $23,186 Thnk\ingFilter Mechanism 2001 20 $1 408,110 $70^406 . TFacility Plan Update nnoi19GO 2004 5 $603J01 ! $120740 subtotal Genera Plant *2,011^811 � $19l.146 � . 2006 - 2008 Plant Improvements ! ; ' Phase 1 Improvements (2055) ' 2008 40 $1,5%O 387 i $38,010 iPhase l \npnovements(2U55) ' 2008 25 $707>431 s28,300 : Phase 1 Improvements (2055) 2008 20 *9,917,407 $495 870 ' Phase l Improvements (2055) 2008 15 $1.687.154 $112,477 Phase 1 Improvements (2055) 2008 10 . $662752 $66,275 --UV C�ynfYakima (2855) disinfection (2182) . 2008 2008 10 15 $474.B42 $16,015 $47,484 $1088 UV disinfection (21 92)' 200820$1,806„547��5� UV disinfection (2182) i 2008 40 $1.076.550 $53.828 ' subtotal Plant Jmprovements . ' *17^869.145 $933,639 1 � TOTAL $61,210,513 $2748.1G0 10/23/07 Table 8-5 RATE BASE / RETURN ON INVESTMENT Allocation of TREATMENT FACILITY RATE BASE for Utility Basis Method 10/23/07 Historical Accumulated Percent Less Local Credited Rate Description Cost Existing Depreciation Depreciated Federal/State Cash Depreciation Base Plant 2008 (PD) Grants (LC) (CD) (RB) (HC) (AD) PD = AD/HC (Gr) LC = HC -Gr CD = PD*LC RB = LC -CD Sewer Treatment Facility Sanitary Land Rights $11,923 $0 0.00% $0 $11,923 $0 $11,923 Land and & Improve (1945-1975/ 50yr) $245,714 $217,382 88.47% 50 $245,714 $217,382 528,333 Structure & Improve (Mullen -1982) $15,000,915 510,470,668 69.80% 514,526,425 $474,490 $331,195 5143,295 Structure & Improve (Coppenhagen-86) $738,044 5498,057 67.48% $0 5738,044 5498,057 $239,988 Structure Improve (Kiewit-1985) $10,528,834 $5,743,322 54.55% $9,397,472 $1,131,362 $617,141 $514,221 Structure & Office 58,348 $6,261 75.00% 50 58,348 56,261 52,087 Electrician's Building $7,410 $3,563 48.09% $0 $7,410 53,563 53,847 Storage 563,549 528,597 45.00% $0 $63,549 528,597 $34,952 Building Remodel 5512,319 $512,319 100.00% 50 $512,319 5512,319 (50) Lagoon Cleanout & Improve (Pease -1989) $2,537,728 $1,643,806 64.77% 50 $2,537,728 $1,643,806 5893,921 Structure & Improve (Humphrey -1993) 513,159,845 $3,367,197 25.59% 55,615,077 $7,544,768 $1,930,473 $5,614,295 Structure 1093 Proj. 1612 $928,109 $512,226 55.19% $0 $928,109 5512,226 $415,884 Lagoon Cleanout wo Storage 1062 1556 $683,872 $226,107 33.06% $0 5683,872 5226,107 $457,765 Biosolids wo proj. $94,756 556,854 60.00% 50 594,756 556,854 537,903 Biosolids Landscaping wo1096 proj1636 Filter Rehab $75,721 $45,433 60.00% 50 $75,721 $45,433 $30,289 Trickling wo1113 proj1673 Improve $7,371,258 5367,294 4.98% $0 57,371,258 5367,294 $7,003,964 Structure & (IMCO-1999) Prepurchase Proj 1566 $260,631 $13,032 5.00% $0 $260,631 513,032 $247,599 Equipment 1752 $12,685 $188,309 $1,269 $18,831 10.00% 10.00% $0 $0 $12,685 $188,309 $1,269 $18,831 $11,416 $169,478 Class A Biosolids proj Rehab 1804 WWTP Facility proj $52,429,970 523,732,216 529,538,974 $22,890,996 $7,029,837 $15,861,159 Equipment Improve (1945-1975/ 25yr) $1,021,896 $1,021,896 100.00% 50 $1,021,896 51,021,896 ($0) Structure & Coating/Secondary Digester 597,567 $51,452 52.73% 50 $97,567 $51,452 546,115 Industrial 56,527 $6,527 100.00% 50 $6,527 56,527 $0 Equipment 585,019 $51,011 60.00% $0 $85,019 $51,011 $34,007 Blower Rehab wo#1120 prof#1696 Rehab $59,001 535,401 60.00% $0 559,001 535,401 523,601 Bird Centrfge wo#1126 prj#1666 1142 1713 5538,878 5173,745 32.24% 50 $538,878 $173,745 $365,133 Mechical Improv wo proj Air Comp 1716 54,147 $1,659 40.00% 50 54,147 $1,659 $2,488 Service proj Improv Proj 1637 $330,326 $198,195 60.00% $0 $330,326 $198,195 $132,130 SCADA $4,963 $993 20.00% $0 $4,963 $993 $3,971 Air Compressor Treatment Facility 52,148,324 $1,540,879 50 $2,148,324 $1,540,879 5607,445 subtotal General Plant Equipment 544,575 $38,758 86.95% $0 $44,575 538,758 55,817 Office Furniture and Shop Si Garage Equipment $28,232 $28,232 100.00% 50 $28,232 528,232 $0 Tools, Equipment 566,801 $60,136 90.02% 50 566,801 $60,136 56,665 Laboratory Equipment $7,639 $7,639 100.00% $0 $7,639 57,639 $0 Power Operated Equipment $37,232 $33,302 89.45% $0 $37,232 533,302 $3,929 Communications Equipment $63,066 $50,371 79.87% 50 $63,066 550,371 512,695 Miscellaneous General Plant 5247,545 $218,439 $0 $247,545 5218,439 529,107 subtotal Plant Improvements 1999-2002 (2001) 51,408,110 $422,433 30.00% 50 51,408,110 $422,433 5985,677 Trickling Filter Mechanism Update $603,701 $362,221 60.00% $0 180 Facility Plan proj1960 Plant Improvements $2,011,811 $784,654 $2,011,811$603,701 5784,654 $1$241 7 subtotal 2008 Plant Improvements est. 2006 - (2055) 2007 51,520,387 538,010 2.50% 50 $1,520,387 538,010 $1,482,377 Phase 1 Improvements Improvements (2055) 2007 $707,491 $283 0.04% $0 $707,491 5283 5707,208 Phase 1 1 Improvements (2055) 2007 $9,917,407 $495,870 5.00% $0 59,917,407 5495,870 $9,421,537 Phase (2055) 2007 $1,687,154 $112,477 6.67% $0 51,687,154 $112,477 $1,574,677 Phase 1 Improvements Improvements (2055) 2007 $662,752 $66,275 10.00% $0 $662,752 566,275 $596,477 Phase 1 Yakima (2055) 2007 $474,842 547,484 10.00% 50 5474,842 547,484 5427,358 City of disinfection (2182) 2008 516,015 54,804 30.00% $0 $16,015 $4,804 $11,210 UV (2182) 2008 $1,806,547 $541,964 30.00% $0 $1,806,547 5541,964 51,264,583 UV disinfection (2182) 2008 $1,076,550 $322,965 30.00% $0 s5 5753,585 UV disinfection Plant Improvements $17,869,145 51,630,133 $$1,076,5500 $1$322,65 322,965 $1 subtotal Working Capital 45 days O&M expenses 54,720,797 X 45 / 365 $582,016 of Total Treatment Facility $61,570,370 $26,276,187 529,538,974 527,310,599 59,573,808 $18,318,807 Retum on Investment @ 5.0% 5915,940 10/23/07 SECTION 9 MUNICIPAL WHOLESALE CUSTOMERS Note: This section is presented as information on the rate structure and anticipated revenue from a significant user group. Rates and fees paid by this group are governed by the 1976 Agreement as clarified by the 1997 Settlement Agreement and are automatically adjusted. Therefore, NO Council action is required by this Section., The municipal wholesale users of the City's wastewater system are: • The City of Union Gap Union Gap is a wholesale user of the wastewater system providing service to approximately 1,550 retail customers located within its service boundary. • Terrace Heights Sewer District The Terrace Heights Sewer District (Terrace Heights) is a wholesale user of the wastewater system that provides service to approximately 1,800 retail customers located within its service boundary. Plus, beginning in late 2007, wastewater effluent from the City of Moxee will be added to the flow received from Terrace Heights. With the enactment of the 1997 Settlement Agreement, Municipal Wholesale rates are developed using a Cash Basis. The cash basis of accounting determines the revenue requirement of a utility on the basis of cash receipts and cash outlays as they fall due. The four primary elements of cash basis accounting are: • Operating Expense. Operating expenses are the costs of operating the wastewater system on a day-to-day basis, and include costs of operating and maintaining the wastewater treatment plant and collection and disposal facilities of the wastewater system, administrative costs, and system replacement costs. 2007 COS Section 9 Page 1 July 13, 2007 • Debt Service: Debt service consists of payments of principal and interest on short and long term financing incurred by the wastewater system to purchase equipment or construct facilities. • Capital Outlays: Capital outlays consist of system upgrades or improvements to the wastewater system, or the purchases of equipment paid in cash generated from revenues or connection fees. • Taxes: Taxes paid to governing agencies, such as property taxes, gross receipts taxes, franchise or other types of taxes. Taxes may be characterized under operating expenses. City Utility Taxes are not assessed to Municipal Wholesale customers. State Excise Taxes are also not assessed to Municipal Wholesale customers and are, therefore, excluded from the SU 232 operating expenses (see Table 9-2). The capacity of the treatment facility has been allocated to the wholesale customers. The allocations of capacity are: Percent City (and County of Yakima) 87.9 City of Union Gap 8.1 Terrace Heights Sewer District 4.Q. 100.0 Each wholesale customer's monthly billing could consist of all or a combination of the following elements: 1) Allocation of treatment plant operation expenses (SU 232) in proportion of the amount of flow, BOD, and TSS generated that month. Each component will be weighted by the amount received from each customer. It is understood by all three parties that this slight modification to the previous billing practice enables each customer to pay a bill that more truly represents their overall impact to the facility. Both municipalities (Union Gap and Terrace Heights) are concerned about their wastewater concentrations and realize the financial ramifications of not taking action to: 2007 COS Section 9 Page 2 July 13, 2007 A) Limit strong waste discharges into their collection systems. B) Establish and enforce their own rate schedules that will charge their responsible accounts for strong waste discharges. 2) Allocation of the treatment plant debt service expenses (SU 232 Debt Service) in proportion to the allocated capacity of the treatment facility. A comparison with Table 4-5 shows that the City's transfers to capital accounts are not included when calculating wholesale billings. 3) Local cash contributions to Capital projects: In an effort to stabilize capital billings, each year, both customers contribute toward their allocated share of "cash" expended toward capital projects. (This would be project costs not covered by grants or loans). The amount of this contribution is monitored and subject to adjustment as project expenses are realized. 4) Allocation of collection system expenses (SU 21 1) in proportion to what part of the system customers may use. 5) Allocation of collection system capital expenses (SU 21 1) (Debt Service and cash reserves) in proportion to the allocated capacity of the collection system. Terrace Heights delivers their effluent directly to the Treatment Facility. Therefore, they have diminimus impact on the City's collection system. Union Gap's flows do impact our collection system. To date, the City has not charged anything additional for this use. Consequently, elements 4 and 5 above are set at zero ($0.00) for this report for Wholesale Municipal customers. We do, however, recommend revisiting the impact (cost) to our collection system by Union Gap in the near future. Per Yakima City resolution D-401 1 and D-4310, Union Gap is presently billed a 50% surcharge on the flows from customers who are connected directly to the City collection system without going through a meter. This "unmetered surcharge" was apparently established to compensate for any unmeasured 1/1. Additionally, the City owns and operates one major lift station at Buskin Road. All of the flow from Union Gap and some from both City and County retail systems pass through this station. Operating and capital 2007 cos Section 9 Page 3 July 13, 2007 expenses for this facility are maintained separately in service unit (SU 215). The capacity of this facility has been allocated: City (and County of Yakima) City of Union Gap Rudkin Road Lift Station Percentage Allocation 42.32% 57..68% 100.00% Therefore, the monthly billing for the City and Union Gap also contains a charge for: 5) Allocation of Rudkin Road operation expenses (SU 215) in proportion of the amount of flow generated. See Table 9-3. 6) Allocation of capital expenses (Debt Service and cash reserves) in proportion to the allocated capacity of the Rudkin Road facility. See Table 9-3. Monthly and Year -End Adjustment Billings; Monthly billings to each wholesale municipal customer are based upon the estimated total expense and flow presented in the City's annual budget for that year multiplied by the pro -rata flow from each customer. Each year, after actual expenses and total flows are known, an adjustment billing is prepared to compensate for differences between the actual and budgeted expense and flow. Pretreatment Fees (SU 233): Wholesale Municipal customers will be charged for the testing and monitoring required of their effluent. Terrace Heights and Union Gap are required to administer their own pretreatment program. The above accounting methodology was established by the "1976 Agreement" as clarified by the 1997 Settlement Agreement. Consequently, there is no consideration in this report for raising or lowering rates set by this method. Operation billings adjust automatically with expense and flow, and capital and debt service expenses are based upon allocated capacity. 2007 COS Section 9 Page 4 July 13, 2007 By reviewing the data presented in this report, it is possible to estimate what the wholesale costs to each customer will be during the planning period. This Section requires no Council action but is presented as information. The amount of anticipated income from this user group is used when compiling income required from City retail rates. Table 9-1 shows these estimates. Capital Funding: For the past several years, the City, Union Gap, and Terrace Heights have contributed a total of $150,000 annually to the 472 Fund in proportion to their plant allocation. This money is used to finance moderate level replacement, capital repair, or capital improvements to the Wastewater Treatment Facility. Major capital projects are funded from the 478 Fund into which Union Gap and Terrace Heights do not directly contribute. The City attempts to secure low interest financing whenever possible for these projects. However, such options are not always available nor do they cover the full cost involved. Therefore, the City must bill Union Gap and Terrace Heights separately for their share of any cash amount expended on these projects. Current practice is to credit the amount paid by each customer as local cash contributions toward that customer's local cash allocation of capital projects the following year. The City also bills Union Gap, and Terrace Heights separately for their share of applicable debt service payments. WHOLESALE STRONG WASTE: With the implementation of the 1997 Settlement Agreement, the cost of treatment of BOD and TSS was combined with the cost attributed to the hydraulic flow in each month's billing. Each component is now weighted by the amount received from each customer. It is understood by all three parties that this slight modification to the past billing practice will enable each customer to pay a bill that more truly represents their overall impact to the facility. 2007 COS Section 9 Page 5 July 13, 2007 Table 9-1 Average Monthly Municipal Wholesale Billings User Group 2004 2005 2006 2007 2008 2009 2010 Test Year City & County (Wholesale) Treatment Plant 0&M $3,661,675 $3,883,724 $4,126,694 $4,257,179 $4,545,797 $4,650,213 $4,800,608 Rudkin Road O&M $89,917 $98,136 $95,618 $99,334 $101,025 $104,843 $108,861 Treat. Plant Debt Serv. $1,732,872 $1,731,795 $1,726,796 $1,719,344 $2,066,483 $1,846,530 $1,937,689 Rudkin Road Debt Serv. $5,688 $5,484 $5,491 $5,554 $5,550 $0 $0 Approx. Annual Bill $5,490,152 $5,719,139 $5,954,599 $6,081,411 $6,718,855 $6,601,586 $6,847,158 Av. Monthly Bill $457,513 $476,595 $496,217 $506,784 $559,905 $550,132 $570,597 % change 4.17% 4.12% 2.13% 10.48% -1.75% 3.72% Terrace Heights Treatment Plant 0&M $148,114 $199,906 $176,376 $182,400 $279,543 $286,670 $296,676 Treat. Plant Debt Serv. $69,315 $69,272 $69,072 $68,774 $82,659 $73,861 $77,508 Treat. Plant Cash Contrib $33,455 $10,483 $40,000 $40,000 $40,000 $40,000 $40,000 Pretreatment Testing $19,800 $17,196 $23,664 $24,374 $25,105 $25,858 $26,634 Approx. Annual Bill $270,683 $296,856 $309,112 $315,548 $427,308 $426,389 $440,817 Av. Monthly Bill $22,557 $24,738 $25,759 $26,296 $35,609 $35,532 $36,735 %change 9.67% 4.13% 2.08% 35.42% -0.21% 3.38% Union Gap Treatment Plant 0&M $216,710 $260,105 $257,427 $268,850 $290,621 $300,959 $314,531 Rudkin Road O&M $27,159 $31,742 $29,937 $31,563 $32,577 $34,309 $36,154 Outside Flow @ 50% $18,040 $20,258 $19,183 $19,760 $20,948 $21,413 $22,069 Treat. Plant Debt Serv. $140,363 $140,275 $139,870 $139,267 $167,385 $149,569 $156,953 Treat. Plant Cash Contrib $67,746 $30,498 $40,000 $40,000 $81,000 $81,000 $81,000 Rudkin Road Debt Serv. $3,281 $3,163 $3,167 $3,204 $0 $0 $0 Rudkin Road Cash Contrib. $3,132 $1,425 $3,032 $3,204 $0 $0 $0 Pretreatment Testing $26,676 $24,072 $35,592 $36,660 $37,760 ' $38,892 $40,059 Approx. Annual Bill $503,107 $511,538 $528,209 $542,507 $630,291 $626,143 $650,766 Av. Monthly Bill $41,926 $42,628 $44,017 $45,209 $52,524 $52,179 $54,230 % change 1.68% 3.26% 2.71% 16.18% -0.66% 3.93% Page 1 of 3 9/27x, Table 9-1 Average Monthly Municipal Wholesale Billings User Group 2004 2005 2006 2007 2008 2009 2010 Test Year TREATMENT FACILITY City & County million gallons (1) 3,625.76 3,207.65 3,521.07 3,561.59 3,527.74 3,568.00 3,608.66 % change -11.53% 9.77% 1.15% -0.95% 1.14% 1.14% % of total 90.04% 88.16% 89.49% 89.40% 87.46% 87.36% 87.27% Terrace Heights * includes Moxee million gallons (1) 162.89 187.29 168.17 170.69 248.05 251.77 255.55 % change 14.98% -10.21% 1.50% 45.32% 1.50% 1.50% % of total 4.04% 5.15% 4.27% 4.28% 6.15% 6.16% 6.18% Union Gap million gallons (1) 238.33 243.69 245.45 251.59 257.88 264.32 270.93 % change 2.25% 0.72% 2.50% 2.50% 2.50% 2.50% % of total 5.92% 6.70% 6.24% 6.32% 6.39% 6.47% 6.55% Total Plant Flow (1) 4,026.98 3,638.63 3,934.69 3,983.87 4,033.67 4,084.09 4,135.14 % change -9.64% 8.14% 1.25% 1.25% 1.25% 1.25% EXPENSE SU 232 Operating (4) $3,661,675 $3,883,724 $4,126,694 $4,257,179 $4,545,797 $4,650,213 $4,800,608 $ per million gals. $909 $1,067 $1,049 $1,069 $1,127 $1,139 $1,161 SU 232 Debt Sery (4) $1,732,872 $1,731,795 $1,726,796 $1,719,344 $2,066,483 $1,846,530 $1,937,689 Union Gap Outside Flow-@ 50% 35.26 33.83 32.77 33.10 33.43 33.76 34.10 % increase -4.06% -3.13% 1.00% 1.00% 1.00% 1.00% Page 2 of 3 9/27/07 Table 9-1 Average Monthly Municipal Wholesale Billings User Group 2004 2005 2006 2007 2008 2009 2010 Test Year Rudkin Road R.R.FIow (1) 789.04 753.40 783.96 791.80 799.72 807.71 815.79 % change -4.52% 4.06% 1.00% 1.00% 1.00% 1.00% % Yakima 69.79% 67.65% 68.69% 68.23% 67.75% 67.28% 66.79% % Union Gap 30.21% 32.35% 31.31% 31.77% 32.25% 32.72% 33.21% SU 215 Operating (5) $89,917 $98,136 $95,618 $99,334 $101,025 $104,843 $108,861 $ per million gals. $114 $130 $122 $125 $126 $130 $133 SU 215 Debt Service (5) $5,688 $5,484 $5,491 $5,554 $5,550 $0 $0 (1) Table 5-1 (3) See Table 9-5 Debt Service Allocation Plant Debt Service Allocation Rudkin Rd (4) See Table 9-2 Yakima 87.90% Yakima 42.32% (5) See Table 9-3 Union Gap 8.10% Union Gap 57.68% Terrace Heights 4.00% Page 3 of 3 9/27 Table 9-2 TREATMENT FACILITY (Service Unit 232) Expenses Description Final Final Final Estimate Estimate Estimate Estimate 2004 2005 2006 2007 2008 2009 2010 Budget Test TREATMENT FACILITY SERVICE UNIT 232 Year OPERATIONS EXPENSES Total Operations 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 (Table 4-6) subtotal Operations 3,823,141 4,036,700 4,314,329 4,427,179 4,720,797 4,830,463 4,986,266 Less State taxes 161,466 152,976 187,635 170,000 175,000 180,250 185,658 Total Operations (Wholesale) 3,661,675 3,883,724 4,126,694 4,257,179 4,545,797 4,650,213 4,800,608 CAPITAL EXPENSES '78/96 Bond Redemption 299,108 296,124 296,488 299,931 298,242 '91 Bond Redemption 504,868 508,722 507,254 500,253 502,051 503,886 498,959 PWTF Proj. 1300 58,080 57,802 57,246 56,691 56,135 PWTF Proj. 1556 186,704 185,851 184,146 182,441 180,736 179,031 177,326 PWTF Proj. 1638 182,162 181,346 179,712 178,078 176,444 174,811 173,177 2003 Series "B" Revenue Bond 501,950 501,950 501,950 501,950 501,950 501,950 501,950 PWTF Proj. 2182 (UV) 125,925 125,925 125,350 Future Revenue Bond (5.5 mill) 225,000 460,927 460,927 Future Revenue Bond (6.0 mill) Total Capital (Wholesale) 1,732,872 1,731,795 1,726,796 1,719,344 2,066,483 1,946,530 1,937,689 TOTAL SU 232 5,394,547 5,615,519 5,853,490 5,976,523 6,612,280 6,596,743 6,738,297 percent change 4.10% 4.24% 2.10% 10.64% -0.23% 2.15% 9/27/07 Table 9-3 RUDKIN ROAD (Service Unit 21 5) Expenses Account Description Actual Actual Actual Estimate Estimate Estimate Estimate Multiplier No. 2004 2005 2006 2007 2008 2009 2010 08-10 Budget Test Year RUDKIN ROAD SERVICE UNIT 215 OPERATIONS EXPENSES 100 Salaries and Wages 18,712 19,695 16,725 17,038 17,776 18,220 18,676 1.025 200 Personnel Benefits 5,535 5,783 4,612 4,964 5,371 5,532 5,698 1.030 300 Supplies 1,731 7,327 1,542 3,193 4,320 4,450 4,583 1.030 400 Other Services 14,717 15,382 16,834 16,771 17,844 18,379 18,931 1.030 500 Intergovernmental Services 0 0 0 0 0 0 0 1.030 600 Capital Outlays 0 0 0 0 0 0 0 1.030 900 Interfund Rentals/Leases 30,116 29,139 32,824 32,644 29,563 30,450 31,363 1.030 960 Insurance/Bonds 8,438 9,281 10,673 11,740 12,518 13,770 15,147 1.100 991 City Services 10668 11,529 12,408 12,984 13,633 14,042 14,463 1.030 Total Operations 89,917 98,136 95,618 99,334 101,025 104,843 108,861 percent change 9.14% -2.57% 3.89% 1.70% 3.78% 3.83% CAPITAL EXPENSES 559 '78/96 Bond Redemption 5,688 5,484 5,491 5,554 5,550 Total Capital 5,688 5,484 5,491 5,554 5,550 0 0 Total SU 215 95,605 103,620 101,109 104,888 106,575 104,843 108,861 percent change 8.38% -2.42% 3.74% 1.61% -1.63% 3.83% 9/27'^7 SECTION 10 CITY STRONG WASTE RETAIL CUSTOMERS Introduction: The "1976 Four -Party Agreement" defines 'normal' domestic wastewater as that which contains concentrations of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) less than 300 parts per million (ppm). Discharges, which contain concentrations of these pollutants in excess of 300 ppm, are considered Strong Waste discharges and are subject to a surcharge. Although City rates are not bound by this definition, these concentration levels are currently being used as a threshold to determine City Retail Strong Waste customers, Beginning with the 2001 season, Del Monte and possibly other future food processing industrial wastewater, which historically had been applied to the sprayfield for treatment, were introduced into the treatment facility. This change in our operations makes a significant seasonal increase in the total loading of BOD and TSS. As presented in Section 2, Public Law 92-500, Section 204 (b) (1) (A) states that the costs of operation and maintenance of a wastewater system must be recovered from sewer service charges that are proportional to costs of providing service. Also, 40 CFR Chapter 35.835- 5 states that no grant may be awarded unless that applicant has an equitable system of cost recovery. "Such system shall provide for an equitable assessment of costs whereby such assessments upon dischargers of industrial wastes correspond to the cost of the waste treatment, taking into account the volume and strength of the industrial, domestic, and commercial wastes, and all other waste discharges treated...." The cost of service study is a part of the development of a wastewater service charge system, which bases charges for service, and capital costs, on the flow and strength characteristics of customers. Strength characteristics should include customer's BOD and TSS levels, although additional strengths such as FOG may also be included. In conjunction with implementation of the 1994 COS, the City's Pretreatment Program (refer to Section 6 of this report) has established individual strong waste categories that included most concentrations encountered. Each business was assigned to the most appropriate category based upon national data or results of the ongoing testing 2007 COS Section 10 Page 1 September 28, 2007 program of each business group; i.e. fast food, bakeries. A few extra categories were created which are unique to a specific business. Any individual customer within any group may request that their effluent strength be tested and billing rate adjusted. Under this arrangement, this business will be sampled and tested. The results of these tests, whether higher or lower than the presumed concentration, will then be used to calculate their future billings. There is a fee for the individual sampling and testing as outlined in Section 6. Several businesses have successfully established that the concentrations of their discharge are lower than the presumed levels. The rates for these accounts have been adjusted accordingly. The. City presently looks only at the concentration of BOD and TSS when determining strong waste charges. Staff has reviewed the cost impact that ammonia and FOG have on the system. We found FOG to be a significant impact to collection maintenance, treatment, and pretreatment expense. We have repeatedly found that when businesses utilize a combination of properly maintained mechanical devices and best management practices (BMPs), the local limit of 100 ppm. can be maintained. However, several businesses have had difficulty maintaining the local limit for FOG. We have sent offending businesses Notice of Violations and in some instances fines. However, a few businesses continue to exceed the limit. As an added incentive, this study proposes a surcharge be assessed for FOG discharges for concentrations above the 'local limit' until the FOG concentration meet compliance (100 ppm.). Enforcement action, including fines, would also continue during such time. Purpose of Cost of Service Study: The purposes of this cost of service study for owner (City) Strong Waste customers of the Retail System are to: • Allocate operating and capital costs of providing service to owner (City) retail Strong Waste customers. • Determine whether owner (City) retail Strong Waste customers receiving service from the City's wastewater system are paying fair and appropriate shares of costs of providing service. • Use the results of the retail cost of service study to establish rates and charges for owner (City) Strong Waste customers. 2007 COS Section 10 Page 2 September 28, 2007 Rate Policy Options: Prior to 1994 COS, City strong waste rates were set at a level that included only operations cost (capital cost were not included). During Council deliberations over the 1994 COS, staff was given the directive to phase out all cost sharing (subsidies) of user groups. Following this directive, the 1994 COS set City strong waste rates at a level half -way (50%) between "Operation Only" and "Full Cost to Treat". This rate level decreased the cost share but still maintained a 19% cost share of this user class from city retail customers. Continuing with the Council's directive of 1994, the 1996 COS report proposed the cost share be further reduced. The rates proposed were three-quarters (75%) between "Operation Only" and "Full Cost to Treat". The rates proposed still maintained an 11% cost share. However, Council chose to leave rates at the 1994 level. This increased the cost share to the general ratepayer. The 2001 COS established rates at the Full Cost to Treat in four steps over a four-year period. This 2007 COS found that while costs had increased as predicted, the total pounds of strong waste treated were below prediction. This causes the unit cost to increase. As indicated on TABLE 10-1, current units costs for treatment of BOD are 42.2% above current rates. For TSS the difference is 38.6%. Such an increase could be a significant impact on our few major contributors (mostly fruit processors). Therefore, we propose a phased increase of 10% each year during this planning period. At the end of these three increases, the cost share of other retail customers will be 8.7% for BOD and 5.9% for TSS Fat, Oil, Grease (FOG) rates have not previously been assessed. TABLE 10-1 establishes a unit cost for each pound of FOG from any customer tested above the local limit. Impact of Del Monte: During the 2000 season, wastewater from the City's only remaining food processing wastewater customer, Del Monte, was diverted from the sprayfield into the treatment facility. The, capital cost effect of this operational change is discussed in the 2000 Facilities Plan and in Section 2007 COS Section 10 Page 3 September 28, 2007 4 of this report. The impact on this section is that Del Monte has become the City's largest Strong Waste customer, contributing approximately one-half of all billed Strong Waste for the year. This action also significantly increased the total pounds of BOD treated each year, which effectively lowered the unit cost of treatment for all strong waste customers from what it would have been without this change. The impact on TSS volumes and rates is less significant. On the down side, the impact of the Del Monte load to the treatment process has been significant. Although we have been able to stay within our permit discharge limits, the added load has proven too great for our conventional secondary treatment process. The trickling filters were completely masked by organic material. We have spent tens, if not hundreds of thousands of dollars rehabilitating the filters after six years of Del Monte loading. We have finally decided to bypass this treatment element for future Del Monte flows, the alternative is a much more expensive process. Cost of Service Procedure: The cost of service procedure, which will result in the appropriate allocations, requires that we formulate the following information about expenses to the system. For all rate calculations, staff used projected information for all years of the planning period; however, the included' tables show detailed information for only the Test Year of 2008. 1) Operation Expenses: A. Treatment expenses and applicable allocation. B. Collection expenses and applicable allocation. C. Pre-treatment cost share D. Collection System maintenance E. Dedicated FOG program 2) Debt Service: A. Treatment Facility expenses and applicable allocation. B. Collection System expenses and applicable allocation. There currently is no element of the Strong Waste charge related to collection expenses. Therefore, 1B and 2B are $0.00. 2007 COS Section 10 Page 4 September 28, 2007 1-C. Pre -Treatment Cost Share: In Section 6 of this study, we proposed a nearly 40% cost share in the bi- monthly Pretreatment rates to Minor Industrial Users (MIUs) and a 25% cost share to testing cost of Significant Industrial Users (SIUs). A vast majority of these businesses are the same customers who contribute Strong Waste and FOG. Therefore, we have added the cost share from the Pretreatment Program as a cost to be allocated to the unit cost of BOD, TSS, and FOG. 1-D. Collection System maintenance: A considerable percentage of the time and expense of Collections Maintenance (SU 211) and many of our backups and resulting claims are directly related to excess FOG being discharged to our system. Therefore, we believe it appropriate to allocate 10% of SU211 operations and maintenance costs to the FOG unit rate. 1-E. Dedicated FOG Program: Our Pretreatment program has one individual whose time is dedicated to meeting with applicable business managers and owners in an effort to educate them about the importance of removing FOG from their discharge. This person also performs testing and enforcement when necessary. This program also involves a Targe allocation of the Pretreatment Manager's time. Dedicated costs are shown on TABLE 6-6. Conclusions: The existing rates charged ,for strong waste is currently approximately 40% below the cost of treatment. This relates to (approximately $350,000 annually) subsidy from city retail customers. If Strong Waste Rates are not adjusted per the recommendations, city retail rates would need to be increased an additional 3.0% to offset the revenue Toss to the division. The magnitude of the proposed rate increase is influenced by several factors: 1) increased operating expenses due to chemicals and operational changes required by the high Del Monte loading; 2) general inflation of operating expenses; 3) The projected loading of each constituent, BOD and TSS, was less than projected in the 2001 COS. EPA and good business management practices require that rates be set so that customers pay for their full impact to the system. 2007 COS Section 10 Page 5 September 28, 2007 Public Law 92-500, Section 204 (b) (1) (A) states that the costs of operation and maintenance of a wastewater system must be recovered from sewer service charges that are proportional to costs of providing service. Section 3 of this report outlines upcoming Capital Projects. Nearly all of the 478 Fund projects are necessary because of the increasing loading of BOD and TSS. Therefore, the continued subsidization of treatment costs of BOD and TSS seems inappropriate. Recommendations: • It is the recommendation of this report that the Wastewater Division's Pretreatment Program continue to actively assist strong waste customers in reducing their loading into the system. • Staff also recommends that, in compliance with past Council directives, the current "cost share" enjoyed by this user group be reduced if not eliminated Implement OPTION A . This increases BOD and TSS rates for the period 2007-2010 in three equal (10%) phases. Set FOG Rates, in 2008, at cost to of program and treatment. No further increase for FOG during the planning period. Existing: Phase 1 (10%): (April 2008) Phase 2 (10%): (January 2009) Phase 3 (10%): (January 2010) 2007 COS Section 10 Page 6 September 28, 2007 BOD = $ 0.332 per pound TSS = $ 0.339 per pound FOG = none BOD = $ 0.365 TSS = $ 0.373 FOG = $ 0.276 BOD = $ 0.402 TSS = $ 0.410 FOG = $ 0.276 BOD = $ 0.442 TSS =$0.451 FOG = $ 0.276 per pound per pound per pound per pound per pound per pound per pound per pound per pound TABLE 10-1 Full Cost of Treatment Allocation of Expense Unit Cost BOD/TSS/FOG Service Description Projected Cost Component Factor (%) Cost Component $ Unit Expense Flow B00 I SS FOG Flow BOD SS FOG 2008 (see Table 8-4) 20.00% 43.00% 35.00% 2.00% 232 Operations (1) 4,720,797 944,159 2,029,943 1,652,279 94,416 pre-treatment cost share (3) 293,622 58,724 126,257 102,768 5,872 232 Debt Service (1) 3,744,494 748,899 1,610,132 1,310,573 74,890 232 Utility Tax @ 14% 1,226,248 245,250 527,287 429,187 24,525 Total 9,985,161 ~'M' ..... 1,997,032 4,293,619 3,494,806 199,703 (10% maintain collection system Table 4-2B) 281,996 (dedicated annual FOG pro ram Table 6-6) 111,552 593,251 Biochemical 0 gen Demand Cost $4,293,619 = $0.472 per pound BOD Total lbs. 9,102,500 (2) (1) See Table 4-2B (2) See Table 5-4 (3) See Table 6-2 Total Suspended Solids Cost $3494,806 = $0.470 per pound TSS Total lbs. 7,440,000 (2) Fat, Oil, Grease Cost $593,251 = $0.269 per pound FOG Total lbs. 2,201,905 (2) BOD SS FOG Existing Rates $0.332 $0.339 none Calculation for the Year BOD increase SS increase FOG increase 2008 $0.472 42.2% $0.470 38.6% $0.269 n/a 2009 $0.483 45.5% $0.481 41.9% $0.275 n/a 2010 $0.486 46.4% $0.483 42.5% $0.279 n/a average (08-10) $0.480 44.7% $0.478 41.0% $0.274 n/a Recommended Rate Adjustment Current $0.332 $0.339 $0.000 2008 $0.365 10.0% $0.373 10.0% $0.276 one time 2009 $0.402 10.0% $0.410 10.0% $0.276 2010 $0.442 10.0% $0.451 10.096 $0.276 compound increase 33.196 33.196 cost share 8.796 5.996 _ _ 9/27/07 SECTION 11 CITY RETAIL CUSTOMERS Introduction: • Section 2 of this report established that a CASH BASIS would be utilized to set rates for City Retail Customers. The cash basis of accounting determines requirements of a utility on the basis of cash receipts and cash outlays as they fall due. Cost of Service Procedure: Rates for all other user groups are generally based upon "Cost to Serve". Rates for City Retail are based upon the remaining revenue required to meet the system's monetary demands. Expected revenue from each other user group is calculated based upon projected flow and proposed rates. The total of this revenue is subtracted from total system monetary requirements. The remaining revenue requirement is then allocated to City Retail Customers. The proposed charges are based on the following elements for each year of the planning period: 1) Annual Revenue Requirement. 2) Number of Meter Equivalent Accounts. 3) Total Billed Flow. Projected System Expenses: Operations and Maintenance Expenses: • In Section 4 of this report, total operating expenses for all wastewater activities were projected for the planning period (2008- 2010). The budget presented is necessary to fulfill the requirements outlined in the Mandated 2004 Wastewater Facility Plan. Table 4-2P shows that for the Test Year 2008 O&M expenses total $8,763,319. Transfers, Capital Expenses; • In Section 3, mandated future Treatment Facility Capital Projects (Fund 478) were examined. This section explained that due to increasing mandates of our NPDES Permit, increasing plant Toads, and facility 2007 COS Section 11 Page 1 October 21, 2007 rehabilitation, major Capital Projects are required within the planning period. To assist financing these projects, a total of one million dollars ($1,000,000) is proposed to be transferred from Fund 473 into Fund 478 each year throughout the planning period. This revenue would come from a combination of retail rates, connection fees, and allocations of cash contribution from our wholesale customers, Union Gap, and Terrace Heights. The 478 budget is also scheduled to benefit from a $5.5 million revenue bond in 2008. The sale of this bond is coordinated with the retirement of the 1978 bond such that our total annual debt service will not be appreciably affected. • Section 3 also identifies the ongoing need to bring sewer service within our existing neighborhoods. This investment will enhance the health and livability of our entire City and enhance economic development. Also listed are a select few mandated Collection System Capital Projects (Fund 476). To assist financingthese projects, approximately $1.5-$2.0 million is budgeted to be transferred each year from Fund 473 throughout the remainder of the planning period. • Section 3 also listed minor capital projects or major repairs (Fund 472). To assist financing these projects, a $131,850 transfer from Fund 473 is budgeted throughout the remainder of the planning period. Debt Service and Debt Service Coverage; • Capital transfers were established to be equal to or slightly greater than the Debt Service Coverage Factor of 2.0 on outstanding Revenue Bonds when added to the existing Debt Service obligations; the resultant total Capital expense projected for 2008 is shown of Table 4-2P as $5,909,695. Utility Tax: • This Tax is revenue neutral for the Wastewater Division. , Each month, funds are transferred to the City's general fund based upon amounts billed. Wastewater is not refunded if any bills are not paid. This tax has been included in calculating rates for all customer groups in previous sections. The City utility tax is currently set at 14% on Wastewater gross income with the exception that presently wholesale municipal and revenues collected for Debt Service Coverage are not subject to this tax. Table 1- 2A shows this amount for 2008 as $1,918,150. 2007 COS Section 11 Page 2 October 21, 2007 Table 11-3 shows the 2008 projected Total Revenue Requirements of the Wastewater Division as $17,012,836. Projected Revenue from ALL User Groups except City Retail: In prior sections of this report, projected revenue from each user group (with the exception of City Retail) was calculated using projected flows and proposed rates. Those user groups included: 1) Pretreatment customers (testing and permit fees) 2) Non -owner Retail Customers A) County Retail Customers B) County Retail Strong Waste Customers C) Septage Customers 3) Wholesale Municipal Customers A) The City of Union Gap B) Union Gap Share of Local Cash (debt coverage) D Terrace Heights Sewer District E) Terrace Heights Share of Local Cash (debt coverage) 4) City Strong Waste Customers Two of these groups (Pretreatment Customers and City Strong Waste Customers) are currently receiving a subsidy from City Retail Customers. The general City Council policy direction during adoption of the 1994 COS was to phase out these subsidies. This report continues toward that goal. In addition to the above customers, the Wastewater Division also receives income from the following sources: interest Income. The Wastewater Division earns interest on the cash balance that it maintains in each of its four Funds. The projected interest income for 2008 is listed on Tables 3-1 through 3-3 and 4-1 P. This income is credited to the Fund upon which it is earned. 2007 COS Section 11 Page 3 October 21, 2007 Wastewater Connection Charge (WCC), This fee is assessed against new customers connecting to the wastewater system and helps offset the investment made by others to provide the system to which they connect. Revenue from this source is budgeted at $950,000 for 2008. This revenue is split between the 476 and 478 Funds. Del Monte Contribution. Per an agreement concerning connection fees and capital improvements, Del Monte will contribute $78,200 into the Wastewater fund each year for 20 years. All projected revenue from the above-mentioned sources is detailed on Table 11-3 For 2008, the Total Revenue projected from other sources at proposed rates equals $3,816,707. Required Revenue City Retail: Under a CASH BASIS, the City Retail Customers must generate the additional revenue required to insure the facility maintains an adequate cash flow. City Retail Customers consist of "normal" strength customers. (less than 300 ppm. BOD and TSS). Table 1 1-3 show the revenue required for each year of the planning period from this user group to balance expenses. For 2008, the Total annual revenue _reiuirement from . City Retail Customers is $12,921,797. Table 11-1 and 1 1-2 show that, at current rates, these customers will generate only $12,362,400, a shortfall of $412,057. Rate Study City "Normal" Strength Retail Customers: This report now establishes rates using a CASH BASIS for "normal" strength City Retail Customers. 2007 COS Section 11 Page 4 October 21, 2007 This report looks at the following projections for the test year 2008 for this user group: 1) Remaining Revenue Requirements 2) Total Billed Flow 3) Number of Meter Equivalent Accounts 1) The Remaining Annual Revenue Requirements for City retail customers are shown of Table 11-3. 2) Total Billed Flow: Table 5-1 of this report lists projected flows for the various user groups. The 2008 projected billed flow for City Retail was shown as 3,909,797 Units of Consumption (UOC). 3) Number of Meter Equivalent Accounts. The 2008 projected meter equivalents for City Retail are shown on Table 5-7 to be 25,558. Revenues from Existing Rates: Table 1 1-2 calculated revenues for each year of the planning period using projected flows, number of meter equivalents, and EXISTING RATES. The results are summarized on Table 11-1 and compared with the revenue requirements brought forward from Tables 1 1-3. Table 1 1-1 indicates that in 2007 revenue from existing rates will fall short of requirements by $550,436 (4.54%). In 2008, there would be an additional shortfall of $412,057 (3.33%). Table 1 1-1 also displays that for each year of the remainder of the planning period revenues from existing rates will fall substantially behind revenue requirements. Rate Options: Staff prepared for your review a proposal to adjust rates to meet the revenue requirements of the division. Remember that nearly 50% of those projects identified in the mandated 2004 Facility Plan documents for the period 2004-2010 are yet to be funded. In addition, the 2004 2007 COS Section 11 Page 5 October 21, 2007 Facility Plan identified an additional capital program of $39.5 million during the period 2011-2016. Proposed Option: (Three Even Steps) Three successive annual increases of 3.5% (first year annualized at 2.63%) applied to both the Ready -to -Serve charge and the Volume Charge (See 1 1-1). Recommendation: It is the recommendation of this report that the Proposed Option. be adopted and that rates are adjusted to the level required to provide adequate system revenue: • Implementation of the Required Rate Increase in Three Phases (See Table 11-1) Existing Rate: Ready -to -Serve = $ 13.34 per meter equivalent Volume = $ 2.34 per UOC • Phase 1 2008 (April) . Increases rates 3.5% Phase One: Ready -to -Serve = $13.81 /equiv. Volume = $2.42/000 • Phase 2 2009 (January) Increases rates 3.5% Phase Two: Ready -to -Serve = $14.29/equiv. Volume = $2.51 /UOC • Phase 3 2010 (January) Increases rates 3.5% Phase Three: Ready -to -Serve = $14.79/equiv. Volume = $2.59/000 2007 COS Section 11 Page 6 October 21, 2007 The above rate increases will only bring rates current with the 2010 revenue requirements. Projections indicate that continuing annual increases of 2-3% will be required. Adoption of this OPTION will provide some reserves as we go onto the $50+ million capital program of the next 6 -year period. 2007 COS Section 11 Page 7 October 21, 2007 Table 1 1-1 City Wastewater Retail Customer Projected Revenue/Requirement Projected Projected Revenue % % Compound x Annualized Projected Additional Revenue Requirement Shortfall Shortfall Increase Increase Increase Revenue Revenue (Table 11-2) (Table 11-3) (Existing Rates) (Existing Rates) (Proposed) (Proposed) (Proposed) (Proposed) OPTION A THREE EQUAL (3.5%) INCREASES $12,120,000 $12,670,436 ($550,436) -4.54% 0.00% 0.00% 0.00% 12,120,000 0 $12,362,400 $12,774,457 ($412,057) -3.33% 3.50% 3.50% 2.63% 12,686,913 324,513 $12,538,148 $12,921,797 ($383,649) -3.06% 3.50% 7.12% 3.50% 13,431,178 893,030 $12,716,412 $13,708,843 ($992,431) -7.80% 3.50% 10.87% 3.50% 14,098,913 1,382,501 $37,616,960 $39,405,097 ($1,788,137) $40,217,004 $2,600,044 Compound Increase 10.87% Monthly increase Ready -to -Serve Volume 10 UOC Existing Rate $13.34 $2.34 $36.74 Phase 1 (April 2008) 3.5% $13.81 $2.42 $38.01 Phase 2 (Jan 2009) 3.5% $14.29 $2.51 $39.39 Phase 3 (Jan 20109) 3.5% $14.79 $2.59 $40.69 $3.95 cumulative 10.87% 10.68% 10.75% 10/21 /^7 Table 11-2 EXISTING RATES Owner (City) Retail Customers Projected Annual Revenue Existing Rates 10/23/07 # TOTAL Equivalent Total Billed Actual Projected Accounts Flow (UOC) Revenue Revenue (see Table (see Table 5-7) 5-1) EXISTING RATE Ready -to -Serve Charge $13.34 per Meter Equivalent Volume Charge $2.34 per Unit of Consumption (748 gallons) 2005 23,713 3,698,957 $11,749,761 2006 24,722 3,771,697 $12,408,270 % increase 4.26% 1.97% 5.60% 2007 25,579 3,848,272 $12,120,000 % increase 3.47% 2.03% -2.32% 2008 25,899 3,909,797 $12,362,400 % increase 1.25% 1.60% 2.00% 2009 26,223 3,968,443 $12,538,148 % increase 1.25% 1.50% 1.42% 2010 26,550 4,027,970 $12,716,412 % increase 1.25% 1.5096 1.42% 10/23/07 Table 1 1-3 Required Additional Revenue City Retail Customers 10/2' "(7 Object Report Code Section 2007 2008 2009 2010 Projected EXPENSE Projected Wastewater Expense Table 4-2P $14,122,521 $14,673,014 $14,910,170 $15,801,240 Utility Tax Table 1-2A $1,870,275 $1,918,150 $2,102,666 $2,207,906 Total Expense $15,992,796 $16,591,164 $17,012,836 $18,009,146 % increase 3.74% 2.54% 5.86% (**) Utility Tax not assessed against revenue collected from Wholesale Municipal Customers or for Debt Coverage. Projected REVENUE (includes Utility Tax where applicable) Pretreatment Fees SPT Table 6-2 $617,000 $610,000 $628,311 $656,061 County Retail OOP Table 7-1 $60,000 $36,444 $38,956 $41,098 County Retail Strong Waste SWR Sect. 8 Text $0 $0 $0 $0 FOG SWD Sect. 8 Text ' $0 $41,400 $41,918 $42,441 Union Gap UG 1-7 Table 9-1 $542,507 $630,291 $626,143 $650,766 Terrace Heights TH 1-3 Table 9-1 $315,548 $427,308 $426,389 $440,817 Del Monte Settle/Contribute CNT $75,200 $75,200 $75,200 $75,200 Wastewater Connection Fees WWC $925,000 $950,000 $978,500 $1,007,855 Reimbursement from Stormwater $0 $250,000 $250,000 City Strong Waste SWR Section 10 $750,000 $866,773 $975,623 $1,086,064 (includes Del Monte) Misc. $37,105 $179,292 $50,000 $50,000 Total Other Revenue $3,322,360 $3,816,707 $4,091,039 $4,300,302 % increase 14.88% 7.19% 5.12% Required Additional Revenue 10P $12,670,436 $12,774,457 $12,921,797 $13,708,843 From City Retail Customers % increase 0.82% 1.15% 6.09% 10/2' "(7 Table 11-4 TOTAL REVENUE (EXISTING RATES) 10/19/07 Object Report Code Section 2007 2008 2009 2010 Projected EXPENSE Projected Wastewater Expense Table 4-2P $14,122,521 $14,673,014 $13,960,170 $14,201,240 Utility Tax Table 1-2A $1,870,275 $1,918,150 $1,935,223 $1,962,475 Total Expense $15,992,796 $16,591,164 $15,895,393 $16,163,715 % increase 3.74% -4.19% 1.69% (**) Utility Tax not assessed against revenue collected from Wholesale Municipal Customers or for Debt Coverage. Projected REVENUE (includes Utility Tax where applicable) Pretreatment Fees SPT Table 6-2 $617,000 $612,500 $610,000 $610,000 County Retail OOP Table 7-1 $60,000 $35,000 $35,000 $35,000 County Retail Strong Waste SWR Sect. 8 Text $0 $0 $0 $0 FOG SWD Sect. 8 Text $0 $0 $0 $0 Union Gap UG 1-7 Table 9-1 $542,507 $630,291 $626,143 $650,766 Terrace Heights TH 1-3 Table 9-1 $315,548 $427,308 $426,389 $440,817 Del Monte Settle/Contribute CNT $75,200 $75,200 $75,200 $75,200 Wastewater Connection Fees WWC $925,000 $950,000 $950,000 $950,000 City Strong Waste SWR Section 10 $750,000 $806,300 $815,976 $825,767 (includes Del Monte) Stormwater reimbursement $0 $0 $0 City Retail 10P $12,120,000 $12,362,400 $12,538,148 $12,716,412 Misc. $37,105 $179,292 $50,000 $50,000 Total Revenue $15,442,360 $16,078,291 $16,126,856 $16,353,962 % increase 4.1 2% 0.30% 1.41% Revenue Gain (Shortfall) IOP ($550,436) ($512,873) $231,463 $190,247 10/19/07 rrEM TI7LE. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 2 - For For Meeting Of December 11, 2007 Request for Council Action on: A) the 2007 Wastewater Cost of Service and Rate Study; and B) the 2007 Wastewater Connection Charge Study SUBMITTED BY Dick Zais, City Manger Dave Zabell; Assistant City Manger Rita Anson, Finance Director Doug Mayo, Wastewater Manager CONTACT PERSON/TELEPHONE: Doug Mayo 575-6077 SUMMARY EXPLANATION: The 2007 Wastewater Cost of Service and Rate Study and the 2007 Wastewater Connection Charge Study were the subject of a Council Study Session held October 30, 2007 Both items were presented as Policy Issues in the 2008 budget. An Open Record Public Hearing on budget Policy Issues was held November 20, 2007 City Council again discussed these policies as part of the Wastewater Division's budget review on November 27, 2007 On December 4th, 2007, Council adopted the policies as amended from public comments and directed the preparation of adopting legislation The proposed ordinances also include some minor language adjustments for clarification and compatibility with other City ordinances. Please refer to the following transmittals and memo Resolution 2 Ordinance 2 Other (Specify) Contract Mail to (name and address) Funding Source All wastewater customerclasses and new customers Phone APPROVED FOR SUBMITTAL. C� C' Mane • er STAFF RECOMMENDATION: Staff respectfully requests City Council to A=1) adopt, by resolution, the'2007 Wastewater Cost of Service and Rate Study; and A-2) enact, by ordinance (YMC 7 60), the 2007 Wastewater Cost of Service recommendations as approved by Council; and B-3) adopt, by resolution, the 2007 Wastewater Connection Charge Study; and B-4) enact, by ordinance (YMC 7 58), the 2007 Wastewater Connection Charge Study recommendations as approved by Council. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 2001 COS agenda 19 r7