HomeMy WebLinkAbout08/20/2013 05I Research Agreement with Environmental Protection Agency; WWTP Floodplain Restoration and Alternative OutfallVi
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.' -�-
For Meeting of: 8/20/2013
ITEM TITLE: Resolution authorizing an Agreement with the Environmental
Protection Agency (EPA) to conduct research related to the
City of Yakima Wastewater Treatment Plant's Floodplain
Restoration and Alternative Outfall project and the Gap to
Gap Flood Hazard Reduction project.
SUBMITTED BY: Debbie Cook, Utilities & Engineering Director
Scott Schafer, Wastewater Division Manager
Ryan Anderson, Utility Engineer
SUMMARY EXPLANATION:
The City of Yakima (City) Wastewater Division desires to enter into a Memorandum of
Understanding (MOU) with the Environmental Protection Agency (EPA) to facilitate cooperation
and coordination in identifying and quantifying ecosystem service benefits associated with the
City's floodplain restoration project.
The City is currently developing the design of an alternative outfall for the discharge of treated
effluent to the Yakima River in response to Yakima County Flood District's Gap to Gap Levee
Setback project. The alternative outfall will include a diversion structure that will allow the
effluent to discharge into one or more natural channels before draining into the Yakima River;
creating a riparian restoration area.
The benefits of removing river levees and restoring reclaimed floodplains include a variety of
ecosystem services like flood control, excess nutrient attenuation, water temperature pollution
mitigation, and enhancement of critical salmonid habitat. This presents a unique opportunity to
study the impact of levee setback floodplain restoration on ecosystem services.
There is no cost associated with the MOU. Its intent is to benefit both agencies in developing a
better scientific understanding of the ecological functions and ecosystem services being
provided by the Yakima River and to facilitate future restoration activities (See attached
Memorandum of Understanding).
Resolution: X Ordinance:
Other (Specify):
Contract:
Start Date:
Item Budgeted:
Funding Source/Fiscal
Impact:
Contract Term:
End Date:
Amount: 0
There is no cost to the City.
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: Kenneth J. Forshay, U.S. Environmental Protection Agency,
919 Kerr Research Dr., Ada. OK 74820
Phone: (580) 436-8912
APPROVED FOR 4 &F
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SUBMITTAL: 4=^T 0" City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution.
ATTACHMENTS:
Name: Description:
0 R-2013- EPA MOU.docx EPA resolution
F-] epa mou.pdf EPA MOU
RESOLUTION NO. R -2013-
A RESOLUTION authorizing the City Manager to execute an Agreement with the
Environmental Protection Agency (EPA) to conduct research
related to the City of Yakima Wastewater Treatment Plant's
Floodplain Restoration and Alternative Outfall project and the Gap
to Gap Flood Hazard Reduction project.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection
and treatment facilities in accord with applicable Federal, State and Local regulations;
and
WHEREAS, the City's Wastewater Treatment Plant (WWTP) discharges its
outfall to the Gap to Gap Reach of the Yakima River; and
WHEREAS, the levies in the Gap to Gap Reach of the Yakima River are being
set back in order to meet the objectives of the Yakima River Basin Water Enhancement
Project and the Yakima County Flood Control Zone District; and
WHEREAS, the City is completing floodplain restoration projects as part of its
new outfall alternative project to remain in compliance with its wastewater discharge
permit with the Department of Ecology in response to Yakima County's Gap to Gap
Flood Hazard Reduction project; and
WHEREAS, restored floodplains in the Gap to Gap Reach are anticipated to
provide many benefits including water quality improvements, economic development
opportunity and salmon habitat enhancements; and
WHEREAS, the EPA Office of Research and Development is a non - regulatory
branch of the EPA that is investigating the benefits of our Alternative Outfall project to
water quality; and
WHEREAS, the EPA research team is gathering information that may result in
cost savings for future environmental compliance through investment in ecosystem
services, and
WHEREAS, the EPA has been awarded a grant to fund the research at no cost
to the City; now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to enter into a Memorandum of
Understanding (MOU) with the Environmental Protection Agency, attached hereto and
incorporated herein by this reference, to allow continued research related to the City's
Floodplain Restoration and Alternative Outfall projects.
ADOPTED BY THE CITY COUNCIL this 20th day of August, 2013.
ATTEST:
Sonya Claar Tee, City Clerk
Micah Cawley, Mayor
Memorandum of Understanding
Between US PA and the City of Yakima, WA
MUDEEM
II. BACKGROUND
Historically, flood events were a regular occurrence that led to the early installation of
large protective levees near the Yakima River channel, however these levees regularly
fail to protect completely in large events. leading to flood damage costs.
Memorandurri of Understanding
Between USEPA and the City of Yakima, WA
111. AUTHORITIES
0
V. LIMITATIONS
B. This MOU is neither a fiscal nor a funds obligation document. Any endeavor
involving reimbursement or contribution of funds between the participants to this MOU
is to be handled in accordance with applicable laws, regulations, and procedures, and be
subject to separate subsidiary arrangements to be effected in writing by representatives of
both participants.
C. This MOU does not create any right or benefit, substantive or procedural, enforceable
by law or equity, including by persons who are not participants to this arrangement,
against the City of Yakima or USEPA, their officers or employees or any other persons.
This MOU does not direct or apply to any person outside the City of Yakima or USEPA,
E. Neither EPA nor the City of Yakima is assuming any liability for the actions or
omissions of the other party under this MOU; each party shall bear its own risk and shall
not state claims of liability against the other
Memorandum of Understanding
Between USEPA and the City of Yakima. WA
orally. USEPA agrees not to disclose, copy, reproduce or otherwise make available in any
form whatsoever to any other person, firm, corporation, partnership, association or other
entity information designated as proprietary or confidential information without consent
of the City of Yakima except as such information may be subject to disclosure under the
Freedom of Information Act (5 U.S.C, § 552), and USEPA's regulations at 40 C.F.R. Part
2, or as otherwise required by law.
VIL INTELLECTUAL PROPERTY
USEPA and the City of Yakima concur that any copyrightable subject matter, including
but not limited to journal articles, training, educational. or ifflonriational material. or
software, created jointly by the parties from the activities conducted under the MOO may
be copyrighted by the City of Yakima, The City of Yakima hereby grants to the United
States government a royalty-free, nonexclusive, irrevocable world-wide right to
reproduce, distribute, make derivative works, and publish or perform the work(s)
publicly, or to authorize others to do the same on its behalf.
The participants intend that any patented >inventon created by the City of Yakima
pursuant to the terms of this MOO shall be jointly owned by the parties regardless of
inventorship, unless an alternative agreement indicates otherwise.
VIII. POINTS OF CONTACT
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X. APPROVAL
M a • �
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Tony O'Rourke
City Manager
The City of Yakima
Washington State
(Signature)
Date