Loading...
09/04/2012 03Bi Response to Citizen: Wastewater Permit and Discharge Fees • , i t" tl -14/ ' Ai If; ' :' V VI, Y BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 0 (, For Meeting of: September 4, 2012 ITEM TITLE: Wastewater Division response to David Lawrence of Holtzinger Fruit SUBMITTED BY: Scott Schafer, Wastewater Division Manager CONTACT Scott Schafer /249 -6815 PERSON /TELEPHONE: SUMMARY EXPLANATION: Mr. David Lawrence, Holtzinger Fruit, requested information pertaining to wastewater permit and discharge fees at the August 7th City Council Meeting during Audience Participation. Enclosed is a response addressing each of his questions or concerns, including a list of the referenced federal, state and local regulations. Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR City Manager 44 SUBMITTAL: • STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download L Response to David Lawrence, Holtzinger Fruit DATE: August 22, 2011 TO: Honorable Mayor and Members of City Council CC: Tony O'Rourke, City Manager Joan Davenport, Planning Manager and Acting Director of Community and Economic Development FROM: Scott Schafer, Wastewater Division Manager RE: Public Participation, Request for Wastewater Fees This memo is in response to David Lawrence, Holtzinger Fruit, requesting of wastewater permit fees and discharge fees during the Public Participation of the August 7, 2012 City Council meeting. 1. Why there are two fees and not one flat fee? The permit fees and discharge (volume and treatment) fees are kept separate. All dischargers pay for the volume and treatment of wastewater discharged to the City's Wastewater Treatment Plant (WWTP) in accordance with §7.60.020 of the Yakima Municipal Code (YMC). Significant Industrial Users (SIUs) such as Holtzinger Fruit, are also charged permit fees to provide funding for resources and qualified personnel to carry out compliance activities required of a delegated Pretreatment Program in accordance with §7.60.105 C YMC. In accordance with the Federal Pretreatment requirement 40 CFR 403.8(0(3), The publicly owned treatment works (POTW) shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in paragraphs (0(1) and (2) of this section. 2. Why the Holtzinger Fruit permit fee was $6,000 dollars per year? The Holtzinger Fruit permit fee is set at $5,789.70 per year in accordance with §7.60.105 C. and is assessed at ninety percent of that amount identified in the industrial facility categories of WAC 173 -224 -040 by Ecology. 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. The components of the Pretreatment Program are required by and reported to Ecology in accordance with the City's NPDES permit No. WA0024023 with Ecology. Section S6.A of the permit requires the City to maintain adequate staff, funds and equipment to implement its fully delegated Pretreatment Program. 3. Why the requirement of a wastewater discharge meter? • A wastewater discharge meter is required to measure the volume of wastewater discharged in order to calculate the loading of pollutants contributed by Holtzinger Fruit to the WWTP in accordance with Holtzinger's wastewater permit # CY- HFC -24 with the City, §7.65.150 A.YMC and 40 CFR 403.8(f)(2)(ii). It should be noted that prior to the installation of the discharge meter, Holtzinger Fruit was charged Water in = Water out. This means that the sewer charges were based on the total amount of water going into the facility. After the installation of the discharge meter, charges were based on the actual volume of wastewater discharged. Holtzinger Fruit saved $10,485.00 since August 2011 as a direct result of installing a discharge meter. 4. What services were provided for the permit fees that are charged? The services provided for the permit fees include permit development and issuance, inspections, technical assistance, education, compliance administration, enforcement, and reporting to the City Council, Ecology and EPA. Such services are required in accordance with Federal Pretreatment Requirements 40 CFR 403.8 (f)(2) and §7.65.010 YMC. 5. Wastewater Inspectors at Holtzinger Fruit were seen only once or twice a year for an hour or two. City Pretreatment staff conduct inspections of Holtzinger Fruit a minimum of once per year in accordance with Section S6.A. of the City's permit with the Department of Ecology and 40 CFR 403.8(f)(2)(v). Sampling and testing are done a minimum of three times per sampling session in accordance with Holtzinger's permit #CY- HFC -24 with the City. Inspectors and City Pretreatment Program managers and staff also work with Holtzinger Fruit personnel throughout the year providing technical assistance, updating the permit, updating the facility operations and maintenance manual, updating the spill response plan, collecting data and reporting information to Ecology, City Council and EPA as required. 6. Wanted Council to review permit fees per §7.60.105 D. YMC. §7.60.105 D. YMC pertains to "Minor Industrial Users." Holtzinger Fruit is classified as a "Significant Industrial User." §7.60.105 C outlines the fee schedule regarding permit fees for Significant Industrial Users. Attached are the referenced regulations • Federal Regulations 40 CFR 403.8 (f)(2) The POTW shall develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program. 40 CFR 403.8(f)(2)(ii) Identify the character and volume of pollutants contributed to the POTW by the Industrial Users identified under paragraph (f)(2)(i) of this section. This information shall be made available to the Regional Administrator or Director upon request; 40 CFR 403.8(f)(2)(v) Randomly sample and analyze the effluent from Industrial Users and conduct surveillance activities in order to identify, independent of information supplied by Industrial Users, occasional.and continuing noncompliance with Pretreatment Standards. Inspect and sample the effluent from each Significant Industrial User at least once a year, except as otherwise specified below: 40 CFR 403.8(f)(3) The POTW shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in paragraphs (f) (1) and (2) of this section. In some limited circumstances, funding and personnel may be delayed where (i) the POTW has adequate legal authority and procedures to carry out the Pretreatment Program requirements described in this section, and (ii) a limited aspect of the Program does not need to be implemented immediately (see §403.9(b)). State Regulations WAC 173 - 224 -040 (Permit Fee Schedule) WAC 173 - 224 -015 - The purpose of this chapter is to establish a fee system (WAC 173 - 224 -040) for state waste discharge and NPDES permits issued by the department pursuant to RCW 90.48.160, 90.48.162, or 90.48.260. RCW 90.48.465 authorizes the department to base fees on factors related to the complexity of permit issuance and compliance and to charge fees to fully recover, but not exceed the costs of the permit program based on expenses incurred in the issuance and comprehensive administration of state waste discharge and NPDES permits. Fee amounts contained in this chapter represent the departments true estimate of fee eligible permit program costs and reflect the department's commitment to fully recover all eligible expenses. The department shall continue to examine the feasibility of adopting, when applicable, alternative permit fee systems. Any alternative fee system, such as variable permit fees, shall ensure continued full recovery of eligible program costs and may be based on pollutant loading and toxicity and may be designed to encourage recycling and reduction of the quantity of pollutants. Section S6.A of NPDES permit No. WA0024023 with Ecology The Permittee must implement the Industrial Pretreatment Program in accordance with the legal authorities, policies, procedures, and financial provisions described in the Permittee's approved pretreatment program submittal entitled "Industrial Pretreatment Program" dated and approved May 3, 2010; any approved revisions thereto, and the General Pretreatment Regulations (40 CFR 403). City Regulations • §7.60.020 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 Minimum charge Minimum charge Minimum charge effective January effective January effective January 13, 2012 1, 2013 1, 2014 $18.99 /month $19.79 /month $20 62 /month $0 6243/day $0 6506 /day $0 6779/day (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. Charges effective Charges effective Charges effective January 13, 2012 January 1, 2013 January 1, 2014 Water Meter Monthly Bimonthly Monthly Bimonthly Monthly Bimonthly Size (Inches) Charge Charge Charge Charge Charge Charge 3/4 $18 99 $37 98 $19.79 $39 58 $20 62 $41.24 1 $23.19 $46.38 $24.19 $48.38 $25.25 $50 50 1 -1/2 $28'95 $57 90 $30.25 $60 50 $31 61 $63 22 2 $44.49 $88 98 $46.58 $93.16 $48 78 $97.56 3 $158:89 $317 78 $166.82 $333.64 $175 15 $350.30 4 $201.33 $402.66 $211 42 $422.84 $222.03 $444.06 6 $300 35 $600.70 $315 49 $630.98 $331.40 $662.80 8 $413.22 $826 44 $434.12 $868.24 $456.09 $912.18 10 $822.95 $1,645.90 $864 74 $1,729 48 $908.67 $1,817 34 Daily rates for meters larger than three - quarters inch shall be calculated by dividing the monthly charge by thirty 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: • Ready-to-serve charges effective Ready -to -serve charges effective Ready -to -serve charges effective January 13, 2012 January 1, 2013 January 1, 2014 — $11.53 /account + $7 46 /unit $11.95 /account + $7 84 /unit $12.38 /account + $8.24 /unit (b) Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge effective January 13, Volume charge effective January 1, Volume charge effective January 1, 2012 2013 2014 $2.72 per 100 cubic feet of water $2.86 per 100 cubic feet of water $3.01 per 100 cubic feet of water consumption or, if metered, quantity consumption or if metered, quantity consumption or, if metered, quantity discharged discharged 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 YMC 7.60.105. 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. Effective Effective Effective January January January 13, 2012 1, 2013 1, 2014 Unit cost per pound $0 422 $0 464 $0 489 for BOD Unit cost per pound $0.424 $0 466 $0 491 for TSS Unit cost per pound $0.276 $0.276 $0.276 for FOG Weight of one 8 34 8.34 8.34 gallon of water pounds pounds pounds (Ord. 2011 -65 § 1, 2011. Ord. 2011 -62 § 1, 2011' Ord. 2009 -49 § 6, 2009: Ord. 2007 -65 § 3, 2007 Ord. 2005 -23 § 1, 2005 Ord. 2003 -75 § 3, 2003). §7.60.105 C. • Significant Industrial Users (Sills). Commencing on the effective date of the ordinance codified in this section, SIU permit fee amounts shall be set at ninety percent of that amount identified in the industrial facility categories of WAC 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 1st —June 30th). §7.60.105 D. Base Fee for Minor Industrial Users (MIUs). Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section, minor industrial users (as defined in Chapter 7.65) shall pay a base fee for pretreatment service. Charge Charge Charge Effective Effective Effective January 13, 2012 January 1,2013 January 1, 2014 MIU base fee $102.32 /month MIU base fee $102.32 /month MIU base fee $102.32 /month Owner at 80% $81 86 /month Owner at 85% $86.97 /month Owner at 90% $92.09 /month (inside city) (inside city) (inside city) The daily rate for MIUs shall be the monthly rate divided by thirty Significant industrial users shall not be subject to a base rate. §7.65.010 This chapter sets forth uniform requirements for dischargers into the city.of Yakima's (city) publicly owned treatment works (POTW), and enables the city to protect public health in conformity with all applicable local, state and federal laws relating thereto, including the Clean Water Act (33 U S C 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403). This chapter shall apply to all users of the POTW §7.65.150 A. The city may require a discharger to install and operate, at the discharger's own expense, monitoring equipment to allow inspection, sampling and flow measurement of all discharges into the sewer system, to assure compliance with this chapter The monitoring equipment shall be situated on the discharger's premises, except that if such a location would be impractical or cause undue hardship on the discharger, the city may allow such equipment to be installed in an accessible public street or sidewalk area.