HomeMy WebLinkAboutAgenda Report - September 20, 2000 E-19OF
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COUNCIL COMMUNICATION
FOV;
AGENDA TITLE: Approve Supplemental Environmental Project in Response to Regional Water
Quality Control Board Administrative Civil Liability Complaint No. 5-00-515 ($26,000)
MEETING DATE: September 20, 2000
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve submission of the proposed
Supplemental Environmental Project in response to Administrative Civil
Liability Complaint No. 5-00-515; and appropriate $26,000 for the project.
BACKGROUND INFORMATION: Earlier this year, the City was fined $20,000 by the Regional Water
Quality Control Board (RWQCB) for a discharge to Dredger Cut of
effluent that was not dechlorinated to permit requirements.
In reviewing the circumstances and the amount of the fine, particularly
in relation to much higher fines that have been levied elsewhere, the Council directed staff to work with
the RWQCB on a "Supplemental Environmental Project" (SEP) which could be undertaken in lieu of
paying part or all of the fine.
City staff discussed this alternative with RWQCB staff and learned:
1. The "project" could not be one that we would undertake anyway, such as improving the
control and alarm systems at the White Slough Facility.
2. RWQCB's Executive Director's policy is that only half of the fine could be diverted to a
SEP, although we may be able to make a case for a higher proportion going to the project.
3. There was interest on the part of RWQCB staff in a project that would relate to the
Mokelumne River and Lodi Lake. (City staff was concerned that the project would be
limited to the immediate Dredger Cut area.)
4. Projects that focused on education on the subject of water quality, and how various
activities and events can impair water quality, were acceptable.
Following this discussion, we looked for an existing, local organization that could easily take on such a
project meeting the above criteria. We felt that the Lodi Lake Docents would be a logical choice. The
group already has a facility at Lodi Lake, the Discovery Center, and is in the business of educating
young people about the river and riparian habitat. The Parks and Recreation Department funds one
part-time staff person (Kathy Grant) at a minimal level to assist Parks Program Coordinator Grant Plath
in the various programs at Lodi Lake. Mr. Plath and Ms. Grant were willing to expand the program to
include water quality issues.
Ms. Grant has researched various programs, maximizing use of local talent, and we are recommending
the following "project":
1. Aquatic toxicity testing - $13,000 - This effort would be coordinated by Ms. Grant with
assistance from City White Slough laboratory staff. It includes training several high
school teachers and students on sample collection and testing along with a seminar on
environmental science/watershed hydrology. The training would be provided by
Mr. Stephen Clark, Ph.D., of Pacific EcoRisk, who developed the program while at
APPROVED:
H. Dixon Flynn -- City Manager
SUPLENVIRPRJCT 09/72/00
Approve Supplemental Environmental Project in Response to Regional Water Quality Control Board
Administrative Civil Liability Complaint No. 5-00-515 ($26,000)
September 20, 2000
Page 2
UC Davis and has conducted the program with hundreds of participants in the
Sacramento area. (Mr. Clark is also a Tokay High School graduate.) The budget includes
$2,000 for Pacific EcoRisk and $8,000 for laboratory test costs, although we may be able
to slightly reduce the amount by doing some tests in-house or including the tests with
others done by outside laboratories for routine White Slough testing. The budget also
includes an allowance of $3,000 for teacher stipends since the training will likely be done
outside of normal school hours, or, if during school, to pay for substitute teachers.
City staff proposes that we implement this program this year and include a repeat
session in the second year of the next 2 -year budget cycle.
2. Riparian habitat curriculum update - $2,000 - Ms. Grant brought in Jay Bell, LUSD
science curriculum specialist, who has developed a curriculum used by the Docents in
their student programs at the Lodi Lake Nature Area. This element of the project would
include updating the curriculum to include water quality issues as they pertain to the
Lake, the River, and riparian habitat. The budget includes an allowance for printing.
3. Watershed Model - $1,200 - This element of the project consists of purchasing a
watershed "model' that would be used to demonstrate water quality impacts, primarily to
children (see Exhibits A and B for examples). The package includes demonstration
instructions and sample curriculum.
4. Discovery Center modifications - $3,400 - This includes minor modifications to the
Discovery Center to accommodate the program, and includes an allowance for tables,
shelves, and miscellaneous supplies.
5. Part-time staff - $6,400 - This provides for additional part-time hours to conduct the program.
Staff proposes that this be an on-going program within the wastewater utility budget.
We recognize that the proposed project exceeds the amount of the fine and includes on-going costs.
We propose this for two reasons. One is that by showing a strong effort to the RWQCB, we will be able
to use most, if not all, of the fine for the project. Second, but more importantly, the wastewater utility
really needs to move toward supporting strong environmental programs. Our electric utility vigorously
sponsors energy -efficiency programs. Our solid waste franchise includes strong recycling and waste -
reduction programs. Our water utility includes a strong water conservation program, although we could
do more in the way of education and rebate programs. But our wastewater utility is lacking in general
education programs. This will become even more important as we move to comply with the new storm
drain regulations in the next few years.
Following Council direction on this project, staff will submit the project to the RWQCB for approval.
RWQCB staff has requested a response by the end of September (Exhibit C).
FUNDING: Requested Appropriation: Wastewater Fund $26,000
Funding Available: ,c�.,
Vicky McAthi , �an irector
Richard C. Prima, Jr.
Public Works Director
RCP/Im
Attachments
cc: Jack Harrison, Interim Parks and Recreation Director
Fran Forkas, Water/Wastewater Superintendent
Del Kerlin, Assistant Wastewater Treatment Superintendent
Grant Plath, Parks Program Coordinator
Kathy Grant, Lodi Lake Nature Area Docent Council
SUPLENVIRPRJCT
e all live
in a
watershed,
with water
ollution
Forest
Water Treatment
Plant
Golf Course
Storm Drain
P Construction
coming from site \
many sources.
EnviroScape@
Nonpoint Source
shows pollution
from nonpoint
sources, such as
• residential Private Well
areas,
(Optional)
• forestry,
• transportation,
• recreation,
• agriculture,
• construction,
as well as from
Residential
Exhibit A
Industrial Site
, Abandoned Well
Farm
Private Well
1 / (Optional)
r
Field
Water Body
/ --Water Tray
Highways &Roads
Abandoned and private wells are for use with Groundwater Kit (optional)
• industry as a point source.
Pollution and runoff are visually apparent when
rain carries soil (cocoa), chemicals (colored drink
mixes) and oil (cocoa and water mixture) through
the watershed to a pond, lake, river or ocean.
Best management practices include felt buffer
strips as vegetation, clay to create berms and
other methods to show conservation and water
pollution prevention measures at work.
CONTENTS: Nonpoint source topographical map (top), clear
base, houses, barn, factory, drain pipe, treatment plant, trees,
golf flags, cows, cars and best management practices such as
buffer strips, clay berms, manure container, soil, oils and
chemicals (cocoa, drink mixes and oil mix), bridges,
watercatcher, rainmaker, water plug and User's Guide.
DIMENSIONS: approximately 25" x 30" x 5"
What Users Say...
"EnviroScape is the leading teaching too[ that water
educators have for portraying the complexity and
importance of water quality practices. We have used
EnviroScape at every one of our Children's
Groundwater Festivals. And, the expansion of the
program and supplemental teaching materials just
keep getting better through time."
- SUSAN SEACREST, President, The Groundwater Foundation
"It's a people thing. At Cargill, the employees are the
volunteers who go into the communities. With Enviro-
Scape, they can show why pollution prevention is
important for everyone. It's our way of giving back and
more." - BILL PRESTON, Cargill, Saginaw, Foods Division
ITEM # EnviroScape Product (price + shipping)
71005C EnviroScape Nonpoint Source
$679 + $25 shipping
JT&A, inc. ♦ (703) 631-8810 Patent No. 5,427,530
www.enviroscapes.com ejos info@enviroscapes.com
enviroScape
he EnviroScape Groundwater Kit
demonstrates how groundwater Unsaturated
works, how we use groundwater, zone
how we pollute groundwater and R,t„int A4
how we can prevent and clean up Zone &
Aquifer
groundwater contamination.
It covers the basic concepts and is not Bedrock
intended for use as a highly technical
demonstration.
The kit includes a plastic liner with a
silk-screened depiction of unsaturated/saturated
soils, aquifer and bedrock layers that inserts into
the EnviroScape clear base. Private wells and
pumps (clear tubing and spray pumps), an
abandoned well (clear tubing), and User's Guide
are also included.
The EnviroScape Riparian Kit
i
shows the benefits of riparian
buffers — areas including trees and
other vegetation adjacent to the
banks of streams, rivers and lakes.
The kit explores the positive effects of good
riparian buffers as well as activities that contribute
to poor riparian buffer zones. Positive effects
include cooler water temperatures and shading
for in -stream organisms (canopy cover); reduced
volume and rate of flooding (water infiltration);
food sources for in -stream organisms (protective
habitat); streambank stabilization (erosion
control); sediment trapping and nutrient removal
(plant root systems); and recreational corridors.
Kit contains components for a complete demon-
stration of how riparian buffers affect water quality,
Exhibit B
Model
Fits Into EnviroScape base Base
71005G EnviroScape Groundwater Kit
$159 + $25 shipping
i
USER'S GUIDE:.
quantity and flow. Each kit contains 40 trees
(20 round and 20 tall), shrubs, clay, assorted roots
(cotton swabs), flashlight and User's Guide.
Designed for the EnviroScape Wetland model,
but may be used with all scenarios with some
modification to the demonstration.
71005RIP EnviroScape Riparian Kit
$135 + $15 shipping
JT&A, inc. ♦ (703) 631-8810 Patent No. 5,427,530
www.enviroscapes.com C40 info@enviroscapes.com
enviroScape
11lw�llx S,.11.i10
v
California Regional Water Quality
Winston H. Hickox
Secretory for
Environmental
Protection
6 September 2000
Mr. Richard C. Prima
Public Works Director
City of Lodi
Post Office Box 3006
Lodi, CA 95241-1910
Central Valley Region
Steven T. Butler, Chair
Exhibit C
Control Board %- -
Sacramento blain Office
Internet Address: http:/hvwvv.s%wcb.ca.gov/—rwgcb5
3443 Routier Road, Suite A, Sacramento, California 95827-3003
Phone (916) 255-3000 - FAx (916) 255-3015
Gray Davis
Governor
ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. 5-00-515, CITY OF LODI, WHITE
SLOUGH WATER POLLUTION CONTROL PLANT, SAN JOAQUIN COUNTY
This letter is being sent to clarify our understanding of the timeframe needed to resolve the
Administrative Civil Liability Complaint No. 5-00-515, issued to the City of Lodi on 9 June 2000 in the
amount of $20,000.
Your letter of 26 June 2000 waived the right to a hearing within 60 days, and indicated that a proposal
for a supplemental environmental project (SEP) would be submitted within 60 days. Our office then
received an e-mail on 17 August 2000 that it was taking longer to prepare the proposal. It is my
understanding that you now need until 29 September 2000 to submit the proposal for the SEP. We will
look forward to your submittal and proposal to resolve the Complaint by 29 September 2000. If we do
not resolve this issue by that time we propose to proceed with preparing the action for a Board hearing.
Please call me at (916) 255-3023 if you have any questions.
PATRICIA LEARY
Senior Engineer
PHL:pl
California Environmental Protection Agency
0a Recycled Paper
CITY COUNCIL
STEPHEN J. MANN, Mayor
ALAN S. NAKANISHI
Mayor Pro Tempore
SUSAN HITCHCOCK
KEITH LAND
PHILLIP A. PENNINO
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
September 15, 2000
Ms. Kathy Grant
Lodi Lake Nature Area Docent Council
c/o 841 West Cardinal Street
Lodi, CA 95240
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Approve Supplemental Environmental Project in Response to
Regional Water Quality Control Board Administrative Civil Liability
Complaint No. 5-00-515 ($26,000)
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, September 20, 2000. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at 333-6702.
If you have any questions about the item itself, please call me at 333-6759.
- C� lc�dA
Richard C. Prima, Jr. 111k`'
Public Works Director
RCP/Im %
Enclosure J
cc: City Clerk
NSUPENVIRPRJCT