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HomeMy WebLinkAbout22. 17-462 SEPTEMBER 12, 2017 17-462 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: SUPPORT REVIEW OF PHOSPHORUS WATER QUALITY STANDARDS INITIATED BY: CITY ADMINISTRATION WHEREAS, the League of Wisconsin Municipalities has drafted a letter to Wisconsin Senators and the Wisconsin Congressional Delegation requesting assistance in obtaining relief for Wisconsin municipalities from the .075 ppm phosphorus water quality standard established by the Wisconsin Natural Resources Board with oversight of the Environmental Protection Agency; and WHEREAS, the City of Oshkosh's most recent Wisconsin Pollution Discharge Elimination System (WPDES) permit issued by the Wisconsin Department of Natural Resources for the City's Wastewater Facility establishes Interim Effluent Limit of .8 mg/1 (ppm)and a Final Effluent Limit of .04 mg/1 (ppm) for phosphorus, subject to the future establishment of a different limit through the current TMDL process being conducted for Lake Winnebago and the Upper Fox River and Wolf River watershed for phosphorus;and WHEREAS, currently, in the absence of any other funding sources, only point sources such as the City of Oshkosh Wastewater Treatment Facility are regulated and controlled so that the burden of reducing phosphorus falls disproportionately upon these permitted facilities; and WHEREAS, municipal treatment facilities such as the City of Oshkosh Wastewater Treatment Facility have minimal impact on the overall Lake Winnebago watershed contributing less than 2% of the phosphorus discharge into that system with the majority being contributed by uncontrolled nonpoint as well as naturally occurring and legacy sources within the watershed ; and WHEREAS, the City of Oshkosh Wastewater Treatment Facility discharges water with less phosphorus concentrations than the intake water obtained from Lake Winnebago for pre-treatment for the City's drinking water supply; and SEPTEMBER 12, 2017 17-462 RESOLUTION STPD WHEREAS, the City of Oshkosh is committed to working with the WDNR and EPA and to acting reasonably to protect the waters of the State and has over past years completed extensive analysis of its facilities and upgraded its current facilities to improve its treatment of wastewater and to specifically address the removal of phosphorus; and WHEREAS, compliance with the final .04 mg/1 (ppm) limit contained in the City's current WPDES permit will require the City to make extensive modifications to the current wastewater treatment facility estimated to cost in excess of$100 million dollars which will be passed on to the City's utility rate payers and which will result in only minimal expected improvement within the Lake Winnebago system. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Wisconsin Senators and Congressional Delegation are hereby urged to review and support revision of the current water quality standards for phosphorus, including the .075 mg/1 (ppm) general standard applicable to a broad category of watersheds and the more restrictive .04 mg/1 (ppm) standard applicable to Lake Winnebago and the City of Oshkosh , to allow for phosphorus standards to be applied in a more reasonable basis taking into consideration costs of and timelines for compliance. TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 12, 2017 RE: Support Review of Phosphorus Water Quality Standards Background Concerns relative to phosphorus in water bodies have been known for many years. 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 decomposition of plant and other organic matter in the water body's sediment, from "point sources" such as municipal wastewater treatment facilities and from "non -point sources" such as runoff from land, including urban areas and farm fields, which can carry soil, fertilizer, leaves or other organic matter 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 phosphorus, provided multiple points for the application of phosphorus -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 phosphorus and alternate processes or products that may be used. In 2010, the State of Wisconsin adopted revisions to phosphorus water quality standards. As a part of those revisions, revised more restrictive phosphorus standards were established that carried forward in the permits that the Department of Natural Resources (WDNR) issues for facilities such as the City of Oshkosh Wastewater Treatment Facility. In addition to the WDNR, the federal Environmental Protection Agency (EPA) has also taken an active role in monitoring and requiring the implementation of greater restrictions on phosphorus discharges. Although the permitted point sources contribute only a portion of the phosphorus discharges to water City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us bodies, because they are the only sources currently subject to limits regulation, WDNR and EPA have focused upon these sources to obtain significant reductions in phosphorus. These more stringent requirements were reflected in the City's 2013 permit for the Wastewater Treatment facility which the City ultimately challenged and resolved through a settlement agreement with WDNR. In the course of challenging that permit, the City of Oshkosh determined that compliance with the more stringent limits would require significant upgrades to the current facility estimated to cost between $72 and $104 million dollars. The League of Wisconsin Municipalities has drafted a letter to Wisconsin Senators and the Wisconsin Congressional Delegation requesting assistance in obtaining relief for Wisconsin municipalities from these strict phosphorus standards and has requested all Wisconsin municipalities to sign onto this effort. Because the letter references the .075 ppm limit and the City of Oshkosh is subject to an even stricter .04 mg/l (ppm) limit and because of other characteristics unique to the City of Oshkosh, city staff indicated to the League that staff would bring forward for Council approval a resolution more specific to the City of Oshkosh in support of the efforts to review the standard. Recommendation Staff recommends that the Council approve the resolution supporting review of the phosphorus water quality standard. Respectfully Submit ed, Ly" A. Lorens City Attorney Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us