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HomeMy WebLinkAbout06. 13-339 JULY 23, 2013 13-339 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT WITH GODFREY & KAHN FOR LEGAL SERVICES PERTAINING TO THE CITY’S WPDES PERMIT – WASTEWATER TREATMENT FACILITY INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate agreement with Godfrey & Kahn for legal professional services related to the City’s WPDES Permit for the Wastewater Treatment Facility. Acct. No. 551-1920-6454-00000 Sewer Utility Legal Professional Services CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin City of Oshkosh 54903-1130 OJHKOJH TO: City Manager Mark Rohloff Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: July 17, 2013 RE: Approve Agreement with Godfrey and Kahn for Legal services pertaining to the City's WPDES Permit —Wastewater Treatment Facility Background The Department of Natural Resources (DNR) regulates the discharge of pollutants to waters of the state through the Wisconsin Pollutant Discharge Elimination System (WPDES) program. The City of Oshkosh holds a WPDES permit for its Wastewater Treatment Facility ("WWTF"). The City's WPDES permit contains all the monitoring requirements, special reports, and compliance schedules for the WWTF. Permits are issued for a five year term. The City renewal permit was issued effective July 1, 2013. The permit will cover a period of five years (through June 30, 2018). The permit significantly lowers the permitted level of phosphorus discharge from the WWTF. Phosphorus in water bodies can fuel increases in aquatic plant and algae growth, which can in turn, reduce the recreational value of those water bodies and affect public health. Phosphorus is a nutrient that occurs naturally and is also contained in fertilizer, detergent, and food items. Phosphorus enters water bodies from natural sources including decomposing as phosphorous loads built up in sediments, from "point sources" such as municipal wastewater treatment facilities and from "non-point sources" such as decomposition of vegetative materials and runoff from land, including urban areas and farm fields, which can carry soil, fertilizer, and manure into streams and lakes. Concerns relative to phosphorus have been known for many years, and the City has taken actions to limit the amount of phosphorus discharged from the Wastewater Treatment Facility. The City has improved its chemical processes for removal of phosphorous, provided multiple points for the application of phosphorous-reducing chemicals, and evaluated the efficiency of applications at various points in the treatment process. In addition, the City has worked with its industrial and commercial users to identify sources of phosphorous and alternate processes or products that may be used. The State of Wisconsin adopted revisions to its Phosphorus water quality standards in 2010. As a part of those revisions, the DNR set new procedures to implement revised re •.: phosphorus standards in WPDES permits that it issues. In addition to the DNR, the federal Environmental Protection Agency (EPA) has also taken an active role in monitoring and requiring the implementation of greater restrictions on phosphorous discharges. As entities such as the City of Oshkosh have applied for renewal of their permits, phosphorus limits are reviewed, and the facilities are being required to develop plans for increasing the removal of total phosphorus from their discharges. The renewed WPDES permit for the City of Oshkosh sets the limit for discharge of phosphorus at 0.04 mg/L (measured as a monthly average). Over the past three years, the monthly average phosphorus discharge from the City's WWTF has generally been between 0.40 and 0.75 mg/L, with a few months recording higher averages. Thus, the proposed limit of 0.04 mg/L would require a very significant reduction in phosphorus discharge. DNR, at the direction of EPA, chose the 0.04 mg/L limit based on the Lake Winnebago water quality criterion. The WWTF actually discharges into the Fox River approximately one and one half miles upstream of Lake Winnebago. The Fox River has a 0.75 mg/L water quality criterion. At this time staff is working to estimate the total potential cost to achieve this more restrictive limit, which staff believes would require addition of a phosphorous filtration system to the WWTF. A rough estimate puts the cost of the necessary changes to the WWTF and operations in excess of $39 million. The draft permit includes a 9-year schedule for achieving compliance with the phosphorus limitation. Under this compliance schedule, the WWTF would be required to implement certain steps over a period of years, likely culminating in the installation of a filtration system so that the 0.04 mg/L limit is achieved after year 9. The interim phosphorus limit during the term of the compliance schedule is 1.0 mg/L. Analysis The City had previously engaged Art Harrington and Matthew Kemp with the Godfrey and Kahn law firm to assist with evaluating and responding to the draft WPDES permit. Because that work was anticipated to cost less than $25,000, approval of the City Manager was required. Now that the WPDES permit has been formally issued including the more restrictive phosphorus limit, staff is recommending that Godfrey and Kahn continue to be retained to assist the City in evaluating and pursuing the various options available to us. Attorney Harrington is widely respected in the field of environmental law and both Attorney Harrington and Attorney Kemp have assisted the City with projects in the past. Both have an expertise in environmental law and are familiar with the City and our abilities and needs. Fiscal Impact Under the provisions of the purchasing ordinance, we would request approval from the Council to continue to use the services of Godfrey and Kahn in relation to this project, as the costs will likely exceed $25,000, which would require a report to Council from the 2 City Manager. Depending upon the option pursued, legal costs may exceed $75,000, which would require separate approval from the Council. Recommendation Staff recommends retention of Godfrey and Kahn to provide legal services pertaining to the City's WPDES Permit for the Wastewater Treatment Facility. Respectfully Submitted, l� - # • S Lynn A. Lorenson City Attorney 3