2004, 12-21 Study Session MinutesAttendance:
Councilmembers:
Diana Wilhite, Mayor
Rich Munson, Deputy Mayor
Dick Denenny, Councilmember
Mike DeVleming, Councilmember
Mike Flanigan, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
MINUTES
CITY OF SPOKANE VALLEY
STUDY SESSION
Tuesday, December 21, 2004, 6:00 p.m.
Staff:
Dave Mercier, City Manager
Nina Regor, Deputy City Manager
Ken Thompson, Finance Director
Neil Kersten, Public Works Director
Cary Driskell, Deputy City Attorney
Tom Scholtens, Building Official
Mike Jackson, Parks and Recreation Director
Marina Sukup, Community Development Director
Cal Walker, Police Chief
Steve Worley, Senior Engineer
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
Mayor Wilhite called the meeting to order at 6:00 p.m., welcomed all in attendance, reminded
everyone that this is a study session although some items would be open for public comment, and
requested that all electronic devices be turned off for the duration of the meeting.
Mayor Wilhite announced that there will be no public comment on items #1 and 2:
1. Unfinished Business: First Reading Proposed Ordinance 04 -054 — Area Wide Rezone (tabled 12-
14-04) — Scott Kuhta
It was moved by Councilmember Denenny and seconded by Councilmember Flanigan, to take from the
table the motion relating to the first reading of proposed ordinance 04 -054. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Deputy City Attorney Driskell
then explained that an issue came up as to whether the area -wide rezone should properly be remanded
back to the Planning Commission for formal entry of Findings of Fact, and accompanying rationale by the
Planning Commission in their recommendation that this area -wide rezone be granted, changing from UR-
7* to UR -3.5. In further examination, Mr. Driskell said it is his opinion that is the correct assessment. He
explained that an area -wide re -zone is a purely legislative matter; and he is not aware of any Washington
State law which would support that a City Council would need to make formal Findings of Fact on an
area -wide re -zone. However, Mr. Driskell said that this Council and staff were in a position where they
could not draft all of this City's regulations upon incorporation, and therefore several regulations of
Spokane County were adopted. He explained that the section of the zoning code referenced is 14.402.100
and 120; that section 120 requires entry of formal findings and also includes language making it clear that
what is anticipated is that formal findings be entered on site - specific re- zones, but it is not clear on all the
various types of rezones; and that it is his conclusion that since this is not excluded from that provision,
that we must treat it as if it were included, and in taking the more cautious approach, it is recommended to
remand this item back to the Planning Commission.
Deputy Mayor Munson said that it has also been suggested that this Council look at remanding the offer
not to re -zone all of that area; and questioned if that can also be included in the same motion remanding
items back to the Planning Commission, or if that other offer should be done separately; which offer is the
request by Centennial Properties to create a buffer area. Attorney Driskell stated it is his opinion that two
separate motions would be best as they deal with two separate issues.
Study Session Minutes of 12 -21 -04 Page 1 of 7
Approved by Council: 01 -11 -05
It was moved by Deputy Mayor Munson to remand proposed ordinance 04 -054 to the Planning
Commission for formulization of Findings of Fact. There was no second and the motion was not acted
upon.
City Clerk Bainbridge reminded Council that there exists a prior motion on the table, that of advancing
ordinance 04 -054 to a second reading. Councilmember Denenny, and Councilmember Flanigan as
seconder, withdrew the motion to advance ordinance 04 -054 to a second reading.
It was then moved by Deputy Mayor Munson and seconded by Councilmember Denenny to remand
Ordinance 04 -054 to the Planning Commission to formalize Findings of Fact. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
City Manager Mercier said that as Deputy Attorney Driskell stated, there was a second pending request
that came forward last week from Centennial Properties for consideration of having their property held
outside of the area -wide rezone. Mr. Driskell added that that request appears to have come forward for
the first time last Tuesday; that Council has the option to deny the request as it was initially presented
after the Planning Commission public hearing was closed; and also after consideration by the Planning
Commission; or if Council would like to have consideration of that request, the proper procedure would
be to remand the issue back to the Planning Commission with the instructions that the Commission give
consideration to issue, keeping in mind that if that option were chosen, a public hearing would need to be
noted.
It was moved by Deputy Mayor Munson and seconded by Councilmember DeVleming, to remand the
Centennial Properties request of excluding the Greenacres portion that they stated last week, and to
instruct the Planning Commission to re -open the public hearing.
Regarding notification of property owners in the affected area, Long Range Planner Kuhta explained that
such a public hearing would require full notice of all property owners within 400 feet, which results in
approximately 300 notices; and that placing the notice in the newspaper on the 31 would leave exactly
14 day's notice prior to such hearing. Mr. Kuhta added that Centennial Properties was among those
notified of the original Planning Commission public hearing. Councilmember Denenny said that he feels
Centennial Properties putting their request as part of the Comprehensive Plan process would be the better
process.
Concerning taking public comment, City Manager Mercier said that Attorney Driskell had previously
explained about taking public comment on matters involving the public record and if Council did take
public comment, to disregard such comments if they were in conflict with what was contained in the
public record. Attorney Driskell said his concern last week was primarily about the comprehensive plan
amendments and attached rezones; and that there is a lesser concern on this, although with the revised
opinion as to the need for Findings of Fact, that he had not given that additional consideration, although
this is purely a legislative matter. Attorney Driskell said he feels Council can take public comment on
this matter at this level without getting into the merits of the issue.
PUBLIC COMMENT ON PENDING MOTION, i.e., to remand the Centennial Request to Exclude
the portion that they stated last week, in this Greenacres area, and to instruct the Planning
Commission to re -open the public hearing:
Bill Gothmann, 10010 East 48`", Planning Commission Chair: questioned if this would mean the
Greenacres would have a hearing, and would this be a separate hearing or is this a different question.
Attorney Driskell said this would be a supplementary, separate public hearing on this particular issue
rather than re- opening everything; and regarding the Greenacres issue, staff would draft Findings of Fact
to be presented to the Planning Commission and adoption, and would expect it to be just that one
Planning Commission meeting on January 13.
Study Session Minutes of 12 -21 -04 Page 2 of 7
Approved by Council: 01 -11 -05
Wayne Frost, Centennial Properties, 3320 N Argonne: said he is also confused; and asked if there will
there be a public hearing as part of the remand back to the Planning Commission regarding the area -wide
rezone? He explained that if the answer is yes, then he has an opportunity to speak and is not requesting
any special accommodation; he said if he doesn't have that opportunity, then his comments are that he
talked to staff several months ago regarding the area of Mission and Flora and the expectation of the
roadway to pass through there; that when he asked staff when he should comment; he knew that the
Planning Commission was having a hearings, but he also asked will he have an opportunity to address the
Council and the answer was yes; that it was his understanding that the Planning Commission is not a
decision making body but is advisory only and the Council is the decision making body; so it was his
understanding that the most appropriate time to comment would be with Council; so that is what they did.
He said it makes sense to look at this area of his and the adjacent lands; that he has talked with the
community and it is his impression that the community is supportive of looking at this area, that it is a
transition area, that a portion of it is zoned I -2 and that is used as a buffer between freeway /commercial
and low- density residential. He said that doesn't happen in the real world but has happened in Spokane
County; that with his ownership, even though a portion of it lies north of Mission which is now zoned
low- density residential, it is still one block, and that one block has to be looked at as one block; that there
is no imaginary line separating the two zones once this roadway goes through; and the community
understands that. He said he does not know if there is a need for a second hearing and that it seems like a
lot of trouble to go through for just this piece of property. He said that the area -wide re -zone is not a
pressing issue for him; and feels extra effort to accommodate things in a short timeframe would not be
necessary; and he said he suggested to staff that the appropriate method would be to treat this under the
comprehensive plan; although he is not aware of the Council's timeframe, that he feels Council does not
need to move so quickly as to shut out the public, the residents, and the landowners.
Mary Pollard, Greenacres: she said this whole process is frustrating; that they want to build bridges in
the community and they have put hopes on the comprehensive plan that there would be the availability of
building in separation of UR 3.5 from UR7; and she does not see that being reflected in the new plan; that
neighborhood plans need to happen; and she mentioned the formal letter which she gave to planning.
James Pollard, 17216 East Baldwin: regarding the Centennial concern, he said the rezone brought up
initial concerns; he said as a neighborhood they spoke with various developers, and would like to take
some pressure off the City and planning and take the time to plan with the developers and the neighbors
and develop their own plan that would fit into the comprehensive plan; and also that this process that they
paid for contains several misconceptions, and they want to work with one another on the plans.
Deputy Mayor Munson asked if we go forward as just voted with the Findings of Fact, and those Findings
are approved by the Planning Commission and no action taken on the Centennial Properties' request,
would that change the way things go; that it is his understanding that changes can be made at any time
depending on the situation. Attorney Driskell said if Centennial Properties were seeking to change the
zoning within the Comprehensive Plan designation that would go through the hearing examiner and that
request can be made at any time. If, Mr. Driskell continued, the request is to go to a Comprehensive Plan
change; that would have to go through the yearly process; so if the zone they want is not allowed under
the Comprehensive Plan designation, they would have to get that changed before they could get the zone
changed. Deputy Mayor Munson asked then if another alternative would be to go forward with the
Findings of Fact regarding the Greenacres plan, and then not pass the ordinance until they come up with a
plan together? Attorney Driskell agreed that would be an option; and it would cue things up in the event
the Council wanted to adopt that, then the groundwork would have been made before the Planning
Commission and formal findings would have been forwarded to the Council.
City Manager Mercier said due to the additional questions tonight, it would be appropriate for staff to
consider the dimensions of those questions, and he is not clear if the Pollards are asking to rescind the
request for the rezone or if there are other intents; and staff needs to consider all alternatives and report
Study Session Minutes of 12 -21 -04 Page 3 of 7
Approved by Council: 01 -11 -05
back; and that the pending question is whether to remand for a specific public hearing the request from
Centennial Properties.
Deputy Mayor Munson withdrew his motion; and Councilmember DeVleming withdrew his second.
Councilmember Denenny mentioned, in light of the Pollards arriving at tonight's meeting a little late, he
requested previous action be re- stated as a courtesy to them. City Clerk Bainbridge read the following
motion, which was previously voted upon and unanimously passed: to remand ordinance 04 -054 to the
Planning Commission to formulize Findings of Fact.
2. Proposed Amendments to the Comprehensive Plan — Scott Kuhta
Deputy City Attorney Driskell explained that based on concerns similar to those expressed above, staff
recommends these proposed amendments be remanded back to the Planning Commission for entry of
Findings of Fact, which is anticipated to be addressed at the Planning Commission's January 13 meeting;
and afterwards to come before Council for proposed second readings, January 25. It was then moved by
Deputy Mayor Munson and seconded by Councilmember Denenny, to remand ordinances 04 -049, 04-
050, 04 -051, 04 -052, 04 -053; and CPA 08 -04 and CPA 04 -04, to the Planning Commission to formalize
Findings of Fact. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion carried.
3. Motion Consideration: Appointments to Student Advisory Council — Councilmember DeVleming
It was moved by Councilmember DeVleming and seconded by Deputy Mayor Munson to appoint Debi
Gallagher as Business Representative, Amanda Clardie as the East Valley High School representative,
and Parks Director Mike Jackson as City Manager's designee representative to the Student Advisory
Council. Councilmember DeVleming mentioned that Debi Gallagher works for the American Cancer
Society, and has previous involvement with students in the Relay for Life and the Chase Youth
Commission, and demonstrated a desire for this appointment. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Wilhite invited public
comment; no comments were offered.
4. Motion Consideration: Change Order for Audio Visual Equipment, Data Communication,
Cabling, Security System, and Card Access System for CenterPlace — Steve Worley
Engineer Worley explained the request as per his Request for Council Action form, and added that staff
and the Project Architect have reviewed the costs and schedule impacts associated and recommend
Council approval. After brief discussion on what the change order includes, Mayor Wilhite invited public
comment. No comments were offered. It was moved by Councilmember Denenny and seconded, to
accept the change order to aid the audio /visual package, and authorize the City Manager's signature.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Sending a Petition to the Department of Ecology (DOE) Concerning Adopting the Use
Attainability Analysis (UAA) under DOE's Rulemaking Regulations — Neil Kersten
Public Works Director Kersten explained that the Washington State Department of Ecology (DOE) is
proposing to finalize a water quality analysis that shows there is no additional capacity for discharges of
dissolved oxygen into portions of the Spokane River, and that process is known as TMDL — total
maximum daily load; that the water quality rules authorize a process whereby the particular uses in a
water body can be evaluated to identify whether those uses are existing or even attainable; then water
quality criteria can be adopted that protects existing and attainable uses. Mr. Kersten said that uses that
are not existing or attainable can be removed from the water quality standards; this process is known as a
"Use Attainability Analysis" or UAA. Mr. Kersten further explained that over the past two years, a
coalition of dischargers has been conducting a UAA for that portion of the Spokane River from the Idaho
border to just below the Long Lake Reservoir. This is the same area that is included within DOE's
TMDL. The UAA Report is completed and will show that through an adaptive management approach,
existing and attainable uses can be protected and at the same time, dischargers can continue to discharge
into the river, using state of the art treatment technology that produces a high quality effluent that protects
Study Session Minutes of 12 -21 -04 Page 4 of 7
Approved by Council: 01 -11 -05
the river. The UAA contains important information that should be considered by DOE before finalizing
the TMDL because it analyzes actual existing and attainable uses. DOE's TMDL, on the other hand, is
based on "class- based" standards that are uniformly applied across the state, without any adjustment for
the different uses that may exist in a particular water body. The UAA can only be adopted through
rulemaking. The rulemaking process requires a petition to be signed and presented to DOE by individuals
authorized by their respective policy boards. The petition process is important because it is the only way
that the rulemaking process can be started. Director Kersten also went over the cost of the available
options. Discussion then ensued regarding the options along with the projected cost per resident, and of
the petition in general. City Manager Mercier added that this would be the first time in this State that the
UAA process is applied in this kind of examination, and the affect of the petition would ask to launch into
a highly public and participatory rule- making process; and the basis is that currently the classification for
standards for the Spokane River are based upon a state -wide classification system without the benefit of
the specific assessment of the Spokane River conditions; and that is what the study practice has been for
the UAA, so part of the rule making proposal would be to suggest two other high specific sub-
classifications to this body of water as opposed to a state -wide classification system. He also stated that
the final language of the petition was not available until yesterday, and that there was some uncertainty as
to when this should be delivered to be the most effective. Mr. Mercier said it is felt that the petition
should be delivered during current the remaining days of the 30 -day comment period; which is why we
are seeking signatures, so that a filing can be made this Thursday.
It was moved by Deputy Mayor Munson and seconded by Councilmember Denenny, to authorize the City
Manager to sign the petition and forward it to the appropriate authorities. It was then moved to amend
the motion to include the title of the petition: Petition for adoption, amendment or repeal of a State
Administrative Rule (RCW 34.05.330). Vote by Acclamation to amend the motion: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried to amend the motion. Mayor Wilhite invited public
comment.
Richard Behm, 3626 S Ridgeview: he gave his credentials concerning his knowledge of the aquifer and
accompanying issues with that and the River, and stated he feels Council is taking the right action, and to
discharge anywhere else but within the watershed of the Spokane River would destroy the River; and that
the aquifer flows in and out of the River.
James Pollard, 17216 East Baldwin; said it is his understanding that the low flow for the Spokane River
is 350 c.f.s. during the summer, and State watershed policy they are looking to increase that to 700 c.f.s.;
and wants to know if that will aid or detract from the cause to help sewage levels in the river.
Director Kersten said he feels Mr. Pollard is speaking of the dam relicensing; and they are proposing to
increase the levels and increased flows will help the situation. Mayor Wilhite invited further public
comment; no further comments were offered. Vote on the amended motion: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried. Mayor Wilhite called for a recess at 7:10 p.m.; she
reconvened the meeting at 7:20 p.m.
6. Law Enforcement Report — Cal Walker
Police Chief Walker gave his PowerPoint presentation explained that everything his department does
focuses on their goals, and in keeping with contract negotiations, they strive to be a customer service
driven city; and he added that his department is functioning with one less FTE then allotted for in 2004;
and he believes the members of the community are pleased with the service and the quick response times.
Chief Walker then explained the current situation with Crime check and 911. He explained that $1.3
million was allotted for crime check with funds split with Spokane Police Department (SPD) and Spokane
County Sheriff's Office (SCSO); and that the SPD budget cuts will reduce the amount of money formerly
put into crime check; and he mentioned that during 2003, crime check received more calls than 911.
Chief Walker said that as a result of the City of Spokane removing in excess of $400,000 from crime
check funding, the 911 Board came up with three plans: (1) reduce level of service for all agencies; (2)
Study Session Minutes of 12 -21 -04 Page 5 of 7
Approved by Council: 01 -11 -05
reduce level of services for City of Spokane and maintain existing level for SCO and Spokane Valley; and
(3) have three separate levels of services, one for each agency. This reduction would also amount to the
loss of eight FTEs with a net reduction to Spokane Valley of $121,309; and that Spokane County and City
of Spokane have tentatively chosen Plan 1; and that would mean shutting down crime check on some
evenings, Sundays and holidays. Chief Walker explained that there still needs to be discussions among
the three entities, as he fears with cuts to crime check, callers will be forced to use 911 thereby flooding
those calls giving the potential for callers to get busy signals when trying to reach 911. Chief Walker said
that in looking at that net reduction of $121,000, he would ask Council to consider keeping one detective
as the City's representative, which would increase the allotted FTE's by that one person.
City Manager Mercier added that there are currently 100.5 FTE's of occupied positions in the police
department; and the proposal to fund this detective would maintain that same number as that other
position would remain unfilled; he explained that he is aware that Council heard about crime check in
more detail than today; and as this news of the evaporating grant funds is newly placed before Council, he
would ask Council to consider that when we come back for the first meeting in January, staff will have
recommendations and will seek Council guidance at that time.
Councilmember DeVleming said he is concerned about his fellow policymakers affecting the City's
police service without our input; and he requests we arrange discussion with all entities to see what can be
done; and that he would hate to see the service level for the Valley being impacted without any discussion
by this group. Councilmember Taylor said that this Plan 1 arrangement is being proposed to us without
our input and reduces our level of services and forces us into a situation with no recourse. City Manager
Mercier said it appears that the Board of County Commissioners may have already re- deployed officers,
and asked Chief Walker if there has been an identified date when the crime check services would fall
back to the plan 1 level. Chief Walker responded that until last week when he was formalizing this
presentation, he had not received any documents other than conversational documents, but that one
member of the County Commissioners had openly stated that they were still concerned with the impact on
citizens and of the citizens of Spokane Valley suffering the same consequences because of situations in
the City of Spokane. The question remains, can we provide the existing level of service and if so, at what
cost. Chief Walker said those are unknown. Councilmember DeVleming echoed the concern to maintain
the same level of service; and suggested that perhaps an invitation from the Mayor's desk to both entities
to see if there is any chance to modify or change the plan, or come up with other options. Council
expressed that it would be nice to have personal discussions among all legislative bodies before a
definitive plan is decided upon.
Chief Walker said he did attend one meeting with the County Commissioners and the Spokane Mayor and
was told there were invitations to our City Council but no one attended that meeting. Councilmember
Taylor said he supports Councilmember DeVleming's suggestion to meet with at least the County
officials and perhaps the City of Spokane officials, that there is a need to do so quickly to discuss all
options; and that we should let the County know, as our contract provider, how we want to weigh in on
this issue. Mayor Wilhite added we would need figures as what it would cost to keep the level of service.
City Manager Mercier stated that he images the options are available to sign on to whatever the universal
plan is; or to quantify additional costs to this City if Council favored Plan 2 both with or without County
participation; and if the County makes the decision not to function at the old level but to do so at a new
adjusted level, then he expects those differences would wind up on our shoulders.
Mayor Wilhite indicated she will set up a meeting with the Board of County Commissioners regarding
this proposed reduction in services; and will also talk further with Chief Walker as there might be other
creative ways to reduce the amount of reduction we will face; and she asks staff to bring back figures of
what it would cost. Chief Walker stressed that time is of the essence; and Mayor Wilhite indicated she
would call the County to see what their official reduction is in this regard.
Study Session Minutes of 12 -21 -04 Page 6 of 7
Approved by Council: 01 -11 -05
Councilmember DeVleming stated that in regard to the previously mentioned meeting with no attendance
from our City Council, that he received a letter Wednesday morning about a meeting the following
Monday; but that he could not attend and there was no meeting date /time flexibility; and he realizes that
Chief Walker and Deputy City Manager Regor did attend that meeting. City Manager Mercier added that
when we first heard of such meeting attempts, it would have been nice to consult with our Mayor's
calendar as well to get the time scheduled so all could participate.
7. Accomplishments Report — Nina Regor
In the interest of time, and because of the missed opportunity for the public to hear the presentation,
Council voiced their preference of having this presentation at a meeting in early January.
8. Advance Agenda Additions — Mayor Wilhite
Discussion turned to when and in what form, the utility tax would be brought back before Council. It was
determined to have that issue brought up as an administrative report at the January 11 meeting.
Councilmember Schimmels also asked about perhaps later re- addressing the street bond issue.
11. Council check in — Dave Mercier
Finance Director Thompson reported that formal bound copies of the 2005 budget will be distributed to
Councilmembers tomorrow.
12. City Manager Comments — Dave Mercier
As there were no City Manager Comments, and no further business, the meeting adjourned at 8:51 p.m.
Christine Bainbridge, City Clerk
VGA W l% -N.dU
Diana Wilhite, Mayor
Study Session Minutes of 12 -21 -04 Page 7 of 7
Approved by Council: 01 -11 -05
The Office of Financial Management (OFM) has adopted this form for members of the public who wish to petition a state
agency to adopt. amend, or repeal an administrative rule (regulation). Full consideration will be given to a petitioner's
request.
Please complete the following:
PETITIONER'S NAME (PLEASE PRINT)
TELEPHONE NUMBER (INCLUDING AREA CODE)
Cm' OF SPOKANE
(509) 625 -6250
COUNTY OF SPOKANE
(509) 477 -7289
KAISER ALUMINUM
(509) 927 -6350
INLAND EMPIRE PAPER
(509) 924-1911
CITY OF COEUR D'ALENE
(208) 769 -2277
HAYDEN AREA REGIONAL SEWER BOARD
(208) 772 -0672
CITY OF SPOKANE VALLEY
(509) 921 -1000
LIBERTY LAKE SEWER AND WATER DISTRICT
(509) 922 -9016
CITY OF POST FALLS
(509) 777 -9857
NAME
ADDRESS
CITY
STATE
ZIP CODE
CITY OF SPOKANE
808 W. SPOKANE
SPOKANE
WA
99/o 1
FALLS BLVD
COUNTY OF SPOKANE
1115 W. BROADWAY
SPOKANE
WA
99260
KAISER ALUMINUM
P.O. Box 15108
SPOKANE
WA
99215
INLAND EMPIRE PAPER
3320 NORTH
ARGONNE ROAD
SPOKANE
WA
99206
CITY OF COEUR D'ALENE
710 MULLEN AVENUE
COEUR
ID
83814
D'ALENE
HAYDEN AREA REGIONAL SEWER BOARD
171 E. HAYDEN AVE.
HAYDEN LAKE
ID
83835
CITY OF SPOKANE VALLEY
11707 E. SPRAGUE
SPOKANE
WA
99206
VALLEY
LIBERTY LAKE SEWER AND WATER
DISTRICT
22510 E MISSION
LIBERTY
WA
99019
LAKE
CITY OF POST FALLS
408 SPOKANE STREET
POST FALLS
ID
83814
AGENCY RESPONSIBLE FOR ADMINISTERING THE RULE
WASHINGTON STATE DEPARTMENT OF ECOLOGY
Please submit completed and signed form to the "Rules Coordinator" at the appropriate state agency. The agency will
contact you within 60 days.
Check all that apply below and explain on the back of this form with examples. Whenever possible. attach suggested ,
language. You may attach other pages if needed.
❑ 1. NEW: I am requesting that a new WAC be developed.
I believe a new rule should be developed.
❑ The subject of this rule is:
❑ The rule will affect the following people:
❑ The need for the rule is:
504119308.02
PETITION FOR ADOPTION, AMENDMENT, OR REPEAL
OF A STATE ADMINISTRATIVE RULE (RCW 34.05.330)
•
NI 2. AMEND: I am requesting a change to existing WAC 173 -201A -600, Table 600 and WAC 173-
201 A -602, Table 602 for WRIA 54 —Lower Spokane and WRIA 57— Middle Spokane (see attached
proposed amended regulatory language)
❑ 3. REPEAL: I am requesting existing WAC be removed.
I believe this rule should be changed or repealed because (check one or more):
® It does not do what it was intended to do.
® It imposes unreasonable costs.
❑ It is applied differently to public and pnvate parties.
❑ It is not clear.
❑ It is no longer needed.
❑ It is not authonzed. The agency has no authority to make this rule.
❑ It conflicts with another federal, state, or local law or rule. Please list number of the conflicting law or
rule, if known:
❑ It duplicates another federal, state or local law or rule. Please list number of the duplicate law or rule, if
known:
® Other (please explain): Please see attached.
•
PETITIONER'S SIGNATURES.
CITY OF SPOKANE
BY
DATE:
COUNTY OF SPOKANE:
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,
WASHINGTON THIS DAY OF DECEMBER, 2004.
PHILLIP D. HARRIS, CHAIR
M. KATE MCCASLIN, VICE -CHAIR
TODD MEILKE, COMMISSIONER
KAISER ALUMINUM
BY
DATE:
INLAND EMPIRE PAPER
BY
DATE:
CITY OF COEUR D'ALENE
BY
DATE:
HAYDEN AREA REGIONAL SEWER BOARD
BY
DATE:
scar , tnr, 02
CITY OF SPOKANE VALLEY
BY DATE:
5 04 89308 02
LIBERTY LAKE SEWER AND WATER DISTRICT
BY
DATE:
CITY OF POST FALLS
BY
DATE:
Abbreviation
General Description
Aquatic Life Uses: (see WAC 173 -201A-
200(1))
Char
Char. For the protection of spawning and
early tributary rearing (e.g., first year
juveniles) of native char (bull trout and
Dolly Varden), and other associated aquatic
life.
Core Salmon/Trout
Salmon and trout spawning, P' g! core
rearing, and migration. For the
protection of spawning, core rearing, and
migration of salmon and trout, and other
associated aquatic life.
Noncore Salmon/Trout
Salmon and trout spawning, noncore
rearing, and migration. For the
protection of spawning, noncore rearing,
and migration of salmon and trout, and
other associated aquatic life.
Salmon Trout Rearing
Salmon and trout rearing and migration
only. For the protection of rearing and
migration of salmon and trout, and other
associated aquatic life.
Redband Trout
Non anadromous interior redband trout.
For protection of waters where the only
trout species is a non- anadromous form of
self - reproducing interior redband trout (0.
my► s), and other associated aquatic life.
WAC 173 -201A -600, Table 600
Table 600 {Key to Table 602)
PROPOSED LANGUAGE FOR AMENDMENT TO WAC 173 -201A -600, TABLE 600
AND WAC 173 -201A -602, TABLE 602
54—LOWER SPOKANE AND WRJA 57—MIDDLE SPOKANE)
PROPOSED LANGUAGE FOR E NDMENT TO WAC 173 -201 A -600, TABLE 60t, ..,1D WAC 173-201A-602, TABLE 602
Warm Water Species
Long Lake Reservoir Mixed Fishery
Spokane River from Long Lake Dam,
[river mile 33.91 to Nine Mile Bridge [river
mile 58.0])
Spokane River Cold- and Cool -Water
Mixed Fishery (Spokane River from Nine
Mile Bridge [river mile 58.0] to the Idaho
border [river mile 96.51)
Indigenous warm water species. For the
protection of waters where the dominant
species under natural conditions would be
temperature tolerant indigenous non -
salmonid species. Examples include dace,
redside shiner, chiselmouth, sucker, and
northern pikeminnow.
Brown trout spawning, trout rearing,
foraging, and migration. For the
protection of indigenous and non -
indigenous fish species and other
associated aquatic life, including jaJ cold
water species summer rearing and
migration in the riverine and transition
reaches and in the epilimnion and
jnetalimnion in the lacustrine reach: [b]
brown trout spawning between Nine Mile
Pam and the Little Spokane River: jc1
cool- and warm -water species spawning,
summer rearing, and migration in the
riverine and transition reaches: and 1
cold -water species summer fora Ling below
the euphotic zone.
Limited trout spawning, rearing, and
migration. For the protection of
indigenous and non - indigenous cold - and
cool -water fish species: limited spawning,
rearing, and migration of rainbow trout;
and other associated aquatic life
50489308.02 -2-
TABLE 602
Use Designations for Fresh Waters by Water
Resource Inventory Area (WRIA)
Spokane River from mouth to Long Lake
Dam (river mile 3 3.9).'
Spokane River from Long Lake Dam
(river mile 33.9) to Nine Mile Bridge
(river mile 58.0).
Spokane River from Nine Mile Bridge
(river mile 58.0) to the Idaho border
river mile 96.5).
4n
0
Aquatic Life Uses
0
4
Recreational
Uses
Water Supply
Uses
L
m
3 —
4 v
-s
u
c
hk)
Misc. Uses
.5
Trl
CZI
0
Ct9
•
0
CO
WAC 173 -201A -602, Table 602
PROPOSED LANGUAGE FOR AMENDMENT TO WAC 173-201A-600, TABLE 600 AND WAC 173-201A-602, TABLE 602
Notes for WRIA 54: These.criteria take precedence over the dissolved oxygen criteria in WAC 173-201A-200.
1. Temperature shall not exceed a 1 -DMax of 211.0 °C due to human activities. When natural conditions exceed a 1 -DMax of 20.0 °C, no temperature increase will be
allowed which will raise the receiving water temperature by greater than 0.3 °C; nor shall such temperature increases, at any time, exceed t = 34/(T 4- 9).
2 The average euphotic zone concentration of total phosphorus (as 2) shall not exceed 25µg/L during the period of June 1 to October 31.
Temperature shall not exceed a 1 -DMax of 20.0 °C, due to human activities. When natural conditions exceed a 1 -DMax of 20.0°C, no temperature increase will be
allowed which will raise the receiving water temperature by greater than 0.3 °C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).
3 Temperature shall not exceed a 1- DIVIax of 2011 °C due to human activitiess. When natural conditions exceed a 1 -DMax of 20.0 °C no temperature increase will be
allowed which will raise the receiving water temperature by greater than 0.3 °C nor shall such temperature increases, at any time exceed t=34 /(T +9).
50489308.02
PROPOSED LANGUAGE FOR AMENDMENT TO WAC 173 -201A -600, TABLE 600 AND WAC 173 -201A -602, TABLE 602
4. T e - a linimum water colu
50489308.02 -4 -
0. t r . or Rive orti n the re be
14 and 8.0 me L from September 15 through June 30. The 1 -dav minimum water column avcraee D.O. criterion for the Transitional. Lacustrine-Lpiliinni ..inn. and
L.acustrine- Metalininion portions of the reservoir is 6.0 mg /L when the reservoir is thermally stratified (normally from Julv 1 through September 30). The 1 -dav
minimum water column average D.O. criterion for the Lacustrine -Upper I lypolimnion portion of the reservoir is 5.0 mg/L when the reservoir is stratified. The 30-
day average of the daily minimum water colunm average D.U. criterion (30- DADMinl for the Riverine. Transitional. Lacustrine- Epilimnion. and Lacustrine-
Metalimnion portions of the reservoir is 8.0 ing/L when the reservoir is thermally stratified. The 1 -dav minimum water column average D.U. criterion for the entire
reservoir is 8.0 mg/L when the reservoir is not stratified. Where conditions of barometric pressure. altitude. and water temperature preclude attainment of these
p.0. criteria. D.O. levels must not be less than 90 percent saturation. In addition. sources of phosphorus must demonstrate progress towards maximizing the volume
of the Lacustrine -Lower Hvpolimnion that is suitable for short -term foraeine by fish. with a lone -term coal of achieving a water colunvt average D.Q. value of 4.0
mg/L as a 1 -day minimum in this_uprtion of the reservoir. The delineation of these portions of the reservoir will vary in timing and location. Ilowever. the Riverine
portion will be all depths generally from River Mile (RM) 58 to RM 53. the - I ransitional portion will be all depths generally from RM 53 to RM 46. and the
Lacustrinc portion will be generally from RM 46 to RM 34. The delineation between the Metalimnion and Upper llypolinniion of the Lacustrine portion will
normally be from a depth of 9 to 12 meters below the water surface. The delineation between the Upper and Lower portions of the 1 will he that depth
where the U.O. concentration is greater than 5,0 mg/L.
5. The 1-day minimum water column average D.O. criteria for this sub - category of use are 9.5 mg/L from April 1 through Mav 31. 6.0 mg/L for June 1 through
September 30. and 8.0 mWL for October 1 through March 31. The 30- DADMin U.U. criteria for this sub - category of use are 11.0 m2fL for April 1 through May 31
And 8.0 rnw'L for June 1 through September 30. Where conditions of barometric pressure. altitude. and water temperature preclude attainment of these D.Q. criteria,
D.O. levels trust not be less than 90 percent saturation.
•
TABLE 602
Aquatic Life Uses
Recreational
Uses
Water Supply
Uses
Misc. Uses
Use Designations for Fresh Waters by Water
Resource Inventory Area (WR1A)
121 1.3
Core Salmon/Trout
Non-Core Salmon
Salmon/Trout Rearing
Redband Trout
Warm Water Species
Admis Pox!il -TMA%
Ex Primary Cont
Primary Cont
Secondary Cont
ansamou
lndusirial W ater
Agricultural Water
Stock War
Harvesting
CoramerceiNavigation
2mTeoil
T
soriorpsav
WRIA 57 Aliddie Spokane . . • _ _ .
.=_ . _ - • - _ _ I -
Lake Creek and all tributaries.
1
V
V
1
I
V
V
V
V
/
1 V
1
Spokane River from Nine Mile Bridge
(river mile 58.0) to the Idaho border
(river mile 96.5).
V
V
V
/
Notes for WRI/it 57: These criteria take 'recedence over the dissolved ox , en criteria in WAC 173-201A-200.
of 20.0°C. no temperature increase will
at any time, exceed t = 34/(T ± 9).
4.11. li 1' 1 .
1, Temperature shall not exceed a 1-DMax of 20.0°C due to human activities. When natural conditions exceed a 1-DMax
be allowed which will raise the receiving water temperature by greater than 0.3°C; nor shall such temperature increases,
. •
2. f- -' , 19 ..0 W. .4 1 .8PI I - r• -11 ' ii 1 1 le . •eik 1 It 41141 14 .1
September 30. and 8.0 ragiL for October 1 through March 31. The 30-DADMin D.O. criteria for this sub-cateaory °fuse are 11.0 mit for April 1 through
id . .4. : 4 44' 6 4 441 "4 1 414 $ 1.4 1 1 4 6 61 1 6 ,4411 el 1 .1_1. t_ 4l 9 .9 - 940 t 9 4 ' %. IL 4 9 " '
J2SLcriteria. D.Q. levels mu5.1 pot be les _ _ ' 4 ent saturation,
50489308.02
PROPOSED LANGUAGE FOR AMENDMENT TO WAC 173-201A-600, TABLE 600 AND WAC 173-201A-602, TABLE 602
PROPOSED LANGUAGE FOR IP NDMENT TO WAC 173-201A-600, TABLE 66, 4D WAC 173-201A-602, TABLE 602
ATTACHMENT TO PETITION FOR AMENDMENT OF
WAC 173 -201A -602, Table 602 for WRIA 54 —Lower Spokane and WRIA 57— Middle Spokane
This Petition proposes to amend WAC 173-201A-600, Table 600 and WAC 173-201A-602,
Table 602, for WRIA 54 —Lower Spokane and WRIA 57— Middle Spokane, as set forth in the attached
strike- through proposed regulatory amendment. The amendment to WAC 173-201A-600, Table 600
and WAC 173 -201A -602, Table 602 for WRIA 54 —Lower Spokane and WRIA 57— Middle Spokane is
necessary for the reasons set forth in the Petition, including this Attachment, and the Spokane River
and Long Lake Reservoir Use Attainability Analysis ( "Spokane River UAA ") report, which is attached
to this Petition. State and federal regulations allow uses in waterbodies to be revised through a Use
Attainability Analysis ( "UAA ") (WAC 173 -201 A -440; 40 CFR 131.10).
Federal regulations (40 CFR 131.3[g }) define a UAA as a structured scientific assessment of
the factors affecting the attainment of the use that may include physical, chemical, biological, and
economic factors. Section 131.10(g) provides that a UAA is justified if the State can demonstrate that
attaining the currently designated use is not feasible because of any one of six specific factors,
including either of the following:
4) Dams. diversions or other types of hydrologic modifications
preclude the attainment of the use, and it is not feasible to
restore the water body to its original condition or to operate
such modification in a way that would result in the attainment
of the use or
The Spokane River UAA report defines the existing and attainable uses for the Spokane River from the
Washington and Idaho Stateline (Stateline; River Mile [ "RM "] 96) to Long Lake Dam (RM 34), based
on the above two factors (either of which is sufficient to result in modifying the use).
Currently designated uses for the Spokane River are based on a statewide system of
categorizing rivers and lakes under a class -based system that does not include a specific assessment of
the existing and attainable uses for the Spokane River. The Clean Water Act also requires the
Washington State Department of Ecology ( "Ecology ") to prepare a total maximum daily load
( "TMDL ") analysis and implementation plan for rivers and lakes that do not meet surface water quality
standards. If a TMDL is prepared without specifically defining existing and attainable uses for a
waterbody, the TMDL might use inappropriate surface water quality standards and, thus, develop
inappropriate pollutant loading allocations for that waterbody.
Ecology is currently developing a dissolved oxygen ( "DO ") TMDL plan for the Spokane River
downstream of the Stateline Bridge (RM 96) to Long Lake Dam (RM 34; Ecology 2004e). The TMDL
will establish regulatory limits on the discharge of pollutants that contribute to the drop in DO levels
50489308.02
The following additional information is provided in support of the Petition:
5) Physical conditions related to the natural features of the water body,
such as the lack of a proper substrate, cover, flow, depth, pools,
riffles, and the like, unrelated to water quality, preclude attainment
of aquatic life protection uses; or .. .
-6-
PROPOSED LANGUAGE FOR A .DMENT TO WAC 173 -201 A -600, TABLE 600 A AC 173 -201 A -602, TABLE 602
below surface water quality standards. In the case of the Spokane River, the primary oxygen -
consuming pollutant is phosphorus.
With regard to the Spokane River, a consortium of stakeholders came together to prepare the
Spokane River UAA report in order to evaluate surface water quality standards that are appropriate and
necessary to protect existing and attainable uses of the Spokane River based on the UAA factors
referred to above. The goal of the Spokane River UAA sponsors is to assure the protection of the
Spokane River by achieving surface water quality standards that are both attainable and protective of
existing and attainable uses.
The Spokane River UAA evaluates the biological and ecological basis for the designation of
existing and attainable uses and recommends use designations and criteria appropriate to the Spokane
River and Long Lake Reservoir. An in -depth assessment of information obtained from almost 300
documents was used to develop the Spokane River UAA. The document sources include state and
federal environmental agencies, the Spokane Tribe of Indians ( "Spokane Tribe "), local agencies,
universities in Idaho and Washington, and Avista Utilities ( "Avista "). (See Appendix C of the
Spokane River UAA for a list of sources.) The source documents span studies from 1933 to 2004.
Fisheries specialists, ecologists, and water resources and modeling experts evaluated this information
and developed the recommendations contained in this report. (See Appendix G of the Spokane River
UAA for resumes of contributing authors.)
The Spokane River UAA sponsors include representatives from the following industries and
municipalities in both Washington and Idaho:
1. City of Spokane
2. City of Spokane Valley
3. Spokane County
4. City of Coeur d'Alene, Idaho
5. City of Post Falls
6. Hayden Regional Sewer and Water District
7. Liberty Lake Sewer and Water District
8. Kaiser Aluminum Corporation
9. Inland Empire Paper Company
In the absence of specific current guidance, the Spokane River UAA has drawn from existing
regulations, the Chesapeake Bay UAA, and numerous other UAAs, either adopted or underway. The
Spokane River UAA report has three major elements:
1. Biological assessment and recommendation of designated uses and criteria (Part 2)
2. Implementation plan (Part 3)
3. Economic assessment (Part 4)
50489308.02 -7-
f
PROPOSED LANGUAGE FOR ENDM ENT TO WAC 173 -201 A -600, TABLE 60L .4D WAC 173-201A-602, TABLE 602
Biological Assessment and Recommendation of Designated Uses and Criteria (Part 2)
For purposes of the biological assessment, the Spokane River, beginning at the outlet of Coeur
d'Alene Lake in Idaho, was divided into riverine (RM 112 to RM 58) and reservoir (RM 58 to RM 34)
segments. The Spokane River UAA report, which is incorporated into this Petition, contains detailed
recommendations covering the Spokane River from the Stateline (RM 96) to Long Lake Dam (RM
34). These are summarized as follows.
Spokane River (RM 96 to RM 58):
A new subcategory of use, referred to as "Spokane River Cold- and Cool -Water Mixed
Fishery," should be established in Washington's surface water quality standards. This subcategory
provides for:
• The protection of indigenous and non- indigenous cold - and cool -water fish species and other
associated aquatic life
• Limited spawning, rearing, and migration of rainbow trout
• A more site - specific temporal application of biologically based criteria
The table below provides a summary of recommended DO criteria for the riverine reach (RM
96 to RM 58).
Spokane River Cold- and Cool -Water Mixed Fishery (RM 96 to RM 58): Summary of Recommended DO Criteria
Entire River
Geographic Area April to May
1 -Day Minimum Value
30- DADMin Value
DADMin Value = day average of the daily minimum
June to September October to March
9.5 mg /L 6.0 mg /L 8.0 mg /L
11.0mg/L 8.0mg /L
Long Lake Reservoir (RM 58 to RM 34):
A new subcategory of use, referred to as "Long Lake Reservoir Mixed Fishery," should be
established in Washington's surface water quality standards. This subcategory provides for:
• The protection of indigenous and non - indigenous fish species and other associated aquatic life
• Trout rearing, which exists within this reach
• A more site - specific temporal and geographic application of biologically based criteria
This subcategory relies on a seasonal and reservoir zone application of DO criteria, which
protects the most sensitive life stages of salmonids (notably, rainbow trout) when and where those life
stages occur. Similar to the Chesapeake Bay system (EPA, 2003b), recommended uses and DO
criteria for Long Lake Reservoir vary depending on the location in the reservoir where different life
50489308 02 -8-
PROPOSED LANGUAGE FOR A`. .DMENT TO WAC 173-201A-600, TABLE 600 A AC 173-201A-602, TABLE 602
stages and activities need to be supported. The table below summarizes the recommended DO criteria
for the Long Lake Reservoir reach (RM 58 to RM 34).
Long Lake Reservoir Mixed Fishery (RM 58 to RM 34): Summary of Recommended DO Criteria
Geographic Area
Riverine
1 -Day Minimum Value
30 DADMin Value
Transitional
1 -Day Minimum Value
30- DADMin Value
Lacustrine — Epilimnion
1 -Day Minimum Value
30- DADMin Value
Lacustrine — Metalimnion
1 -Day Minimum Value
30- DADMin Value
Lacustrine — Hypolimnion (Upper)
1 -Day Minimum Value
30- DADMin Value
Lacustrine — Hypolimnion (Lower)
1 -Day Minimum Value
30- DADMin Value
DADMin = day average of the daily minimum
50489308.02
July to September 1 October to June
6.0 mg /L
8.0 mg /L
6.0 mg /L
8.0 mg /L
6.0 mg /L
8.0 mg /L
6.0 mg /L
8.0 mg /L
5.0 mg /L
8.0 mg /L
8.0 mg /L
8.0 mg /L
8.0 mg /L
8.0 mg /L
Narrative 2 8.0 mg /L
To protect early brown trout spawners. the recommended winter DO reservoir criterion (8.0 mg /L
applied as a 1 -day minimum) should also be applied within the riverine reach from mid - September
(September 15) through the end of September (September 30). (The winter criterion already applies
beginning on October 1.)
The narrative criterion for the lower hypolimnion (expected to be less than 12 percent of the
reservoir volume during August when the warmest temperatures and lowest DO levels are observed)
requires sources to maximize the "suitable volume" (defined as water with temperatures below 20'C
and DO levels above 5.0 mg /L). The narrative criterion also includes a long -term goal to achieve a 1-
day minimum DO value of 4.0 mg/L on a spatially averaged basis. This narrative criterion will be
implemented via the TMDL process since it requires that point and nonpoint sources continue to
implement controls that minimize the volume of water that falls below 5.0 mg /L. Given that low DO
values have been consistently observed since the 1970s, continued improvements to benthic
conditions will ensure that existing uses within the lower hypolimnion will continue to be protected.
PROPOSED LANGUAGE FOR ENDMENT TO WAC 173-201A-600, TABLE 606 ..AD WAC 173-201A-602, TABLE 602
Dissolved Oxygen Saturation Considerations:
The above recommendations for DO criteria do not take into account the fact that DO concentrations
are a function of water temperature and elevation, in addition to the other factors already discussed at
length in the Spokane River UAA report. As a result, the DO criteria shown in the two tables above
should be applicable unless barometric pressure, altitude, and water temperature conditions preclude
attainment of these criteria, in which case DO levels should not be less than 90 percent saturation. A
percent saturation qualifier is included in both the Idaho and Oregon surface water quality standards.
Ecology has recognized the importance of this in another recent process on the Chehalis River
(Ecology, 2004g).
Deficit Criterion of 0.2 mg /L Dissolved Oxygen:
State surface water quality standards contain a criterion allowing for no more than a 0.2 mg/L
deficit in DO from "natural or background" water quality where natural or background water quality is
less than the established standard. The outcome related to the Draft TMDL (Ecology, 2004e) is almost
totally driven by Ecology's conclusion that there is no assimilative capacity in the system for point
sources. Ecology reaches this conclusion because of its application of the 0.2 mg/L DO deficit
criterion to Long Lake Reservoir. The Spokane River UAA report provides analyses that explain why
the 0.2 mg/L DO deficit criterion should not be applied to the reservoir, which is not a natural system,
and recommends that this criterion not apply to the reservoir. The attached strike - through version of
WAC 173-201A-600, Table 600 and WAC 173-201A-602, Table 602 (WRIA 54 -Lower Spokane and
WRIA 57- Middle Spokane) contains the Petition's requested amended regulatory language.
Attainable Surface Water Quality Standards:
The Spokane River UAA biological assessment has shown that Ecology's current surface water
quality criteria (9.5 mg/L absolute DO level and 0.2 mg/L differential DO level) cannot be met a high
percentage of the time, regardless of treatment scenario, including removing the point source loads
entirely from the Spokane River. One the other hand, the criteria proposed in the Spokane River UAA
(protective of existing and attainable uses) can be met under most conditions, even recognizing the
severity of 2001 low flows as the basis for the evaluation.
Implementation Plan (Part 3)
Parallel to this Spokane River UAA process, local stakeholders have been engaged in the
TMDL process and have developed potential implementation strategies. For example, Spokane
County and the City of Spokane jointly sponsored a one -day workshop on August 23, 2004, to evaluate
advanced wastewater treatment technologies (CH2M HILL, 2004; Appendix F of the Spokane River
UAA). The main objective of this workshop was to identify all proven and emerging technologies and
to estimate what ranges of effluent phosphorus concentrations could be consistently and reliably
achieved utilizing those technologies.
The Spokane River UAA recommends a comprehensive implementation plan to control both
point and nonpoint sources of pollutants to the Spokane River. The Spokane River UAA sponsors are
committed to following this implementation plan as part of a long -term program to protect existing and
attainable uses and achieve downstream surface water quality standards. The heart of the plan is a
50489308.02 -10-
PROPOSED LANGUAGE FOR A .DMENT TO WAC 173 -201A -600, TABLE 600 A AC 173 -201 A -602, TABLE 602
commitment to implement technologies to achieve a 95 percent reduction in the point source
phosphorus load to the Spokane River. Elements of the plan include the following items:
• 95 percent reduction in point source loading of phosphorus: The Rock Creek treatment facility
on the Tualatin River in Oregon (owned and operated by Clean Water Services) has been used as a
representation of the best proven large -scale treatment process technology. Results from the Rock
Creek treatment facility were used to estimate phosphorus removal from point sources. This
removal efficiency is defined as the "next level of treatment technology." While each point source
on the Spokane River might choose different treatment technologies, this reference plant has been
used to set a median effluent phosphorus concentration at 0.05 mg/L. This technology typically
provides a treatment efficiency of greater than 99 percent. The Spokane River UAA sponsors have
proposed to implement final effluent filtration to achieve this effluent phosphorus concentration in
recognition of the fact that, during much of the time, the plants will operate significantly below this
concentration. (This is documented with the Clean Water Services plant on the Tualatin River and
with the Upper Occoquan plant in Northern Virginia, which achieves 0.01 mg/L effluent
phosphorus about 40 percent of the time.) Because some phosphorus is currently being removed
by secondary treatment, the reduction in load to the river due to final effluent filtration will be
about 95 percent.
• Best proven technology. The next level of treatment represents the best currently available,
proven technology for point sources that will have any net environmental benefit on the Spokane
River and Long Lake Reservoir. Improvements beyond this scenario reflect human- caused
conditions that cannot be remedied. This is consistent with the conclusion from a very similar
UAA process for the Chesapeake Bay (EPA, 2003b).
• Water conservation and reuse. The Spokane River UAA sponsors have proposed the
implementation of water conservation and reuse programs that will reduce hydraulic flow and
further reduce the pounds of phosphorus discharged directly to the Spokane River.
• Contributing to the control of nonpoint sources. The Spokane River UAA sponsors have
proposed to contribute to the control of nonpoint sources, which Ecology recognizes to be the
major contributor to Long Lake Reservoir DO sags (Ecology, 2004a).
• Adaptive management strategy. The federal Clean Water Act requires that all feasible steps be
taken to achieve the highest quality water attainable. However, in watersheds where nonpoint
sources are a major contributor to pollution, feasible steps may be difficult to identify and
implement. This situation is particularly applicable to the bottom (lower hypolimnion) of Long
Lake Reservoir. The recommendation in the Spokane River UAA requires that sources maximize
the volume of water in the lower hypolimnion to DO levels above 4.0 mg/L. The extent to which
this volume can be maximized depends not only on the feasible control of point and nonpoint loads
to the reservoir, but also on potential changes in sediment oxygen demand ( "SOD ") as phosphorus
loads decrease.
• On- the - ground implementation. The concept of adaptive management as it applies to TMDL
implementation allows for on- the -ground implementation to proceed where uncertainty exists
about how and when reduction targets will be met.
50489308.02 -11-
PROPOSED LANGUAGE FOR EN DMENT TO WAC 173 -201A -600, TABLE 60t. _ _.4D WAC 173 -201A -602, TABLE 602
• Continuation of monitoring to ascertain water quality improvements. The Spokane River
UAA sponsors have proposed to continue collecting samples and analyzing the results of water
quality monitoring methods.
• Reservoir aeration. The Spokane River UAA sponsors have conducted an initial investigation of
aeration of Long Lake Reservoir. Based on this initial investigation, it appears that reservoir
aeration would provide significant benefit to DO levels in the reservoir and downstream water
quality. In addition, very preliminary estimates of potential costs associated with reservoir aeration
suggest that it appears to be a feasible technology. Therefore, the Spokane River UAA sponsors
believe that reservoir aeration should be further investigated.
• Work with Avista. The Spokane River UAA sponsors propose to work with Avista to incorporate
Federal Energy Regulatory Commission ( "FERC ") considerations and concerns and to implement
a comprehensive workable solution.
Downstream Surface Water Quality:
Currently, the State and Spokane Tribe surface water quality standards for temperature and DO
are not consistently being met downstream of Long Lake Reservoir (see Section 3.4 of Part 2 of the
Spokane River UAA). It is important to note here that reservoir modeling by both Ecology and
Limno -Tech, Inc. ( "LTI ") has shown that Ecology's Draft TMDL (2004e) would not meet Ecology's
or the Spokane Tribe's downstream DO surface water quality standards.
Amending Washington's surface water quality standards to designate uses and criteria for Long
Lake Reservoir consistent with the criteria recommended in this Spokane River UAA would not
exacerbate those downstream problems. Modeling by LTI indicates that the next level of treatment
combined with reasonable control of nonpoint sources (Scenario 3, the next level of treatment plus 25
percent reduction in nonpoint source loads through implementation of best management practices
[NLoT +25 percent NPS BMPs] scenario) should increase DO levels in the vicinity of the Long Lake
Reservoir. This improvement represents the highest attainable conditions based on feasible control of
pollutant sources. If other direct improvements in Long Lake Reservoir DO levels were implemented
(for example, aeration), it is likely that downstream criteria would be met. As noted above, the
Spokane River UAA sponsors have conducted an initial investigation of reservoir aeration. This
investigation has shown that aeration appears to be feasible and should be further evaluated.
Economic Assessment (Part 4)
An economic assessment was completed related to treatment alternatives proposed by the
implementation plan contained in Ecology's Draft TMDL (2004e) and treatment alternatives
recommended in the Implementation Plan of the Spokane River UAA (Part 3). Using order -of-
magnitude cost estimates, this assessment is an initial deteimination of the affordability of three
treatment alternatives. Costs are presented in this assessment only for upgrades to the City of Spokane
( "City ") plant and for the costs to build the new Spokane County ( "County ") regional treatment plant.
References to total phosphorus ( "TP ") removed are for all point source discharges to the river. The
marginal costs of phosphorus removal and DO improvement for each alternative were assessed. The
sensitivity of the City's and the County's residential sewer rates to the capital cost of each alternative
was also assessed. Other factors such as unemployment rates, local government financial capacity, and
budget strength were also assessed.
50489308.02 -12-
PROPOSED LANGUAGE FOR & .DMENT TO WAC 173 -201A -600. TABLE 600 A AC 173 -201A -602, TABLE 602
The alternatives evaluated were:
• Implementation of final filtration for point source phosphorus reduction to achieve a 95 percent
reduction in total point source loading to the Spokane River
• Land application of municipal wastewater in an agricultural operation.
• Implementation of reverse osmosis (RO) technology to achieve 99 percent reduction in municipal
phosphorus loads.
The capital costs are shown in the following table:
City of Spokane Spokane County
Final Land Reverse Final Land Reverse
Costs Filtration' Application Osmosis Filtration Application Osmosis
Capital $57.0 million $404.7 million $558.7 million $108.1 million $161.6 million $190.9 million
Capital costs represent estimated expenditures by the City and County. They are not adjusted for the allocation of
costs between the City and County for that portion of the City Reclamation Plant that Spokane County will pay.
Footnotes:
1 CH2M HILL, 2004c (Appendix E3 of the Spokane River UAA).
2 CH2M HILL, 2004a (Appendix El of the Spokane River UAA).
3 CH2M HILL, 2004b (Appendix E2 of the Spokane River UM).
4 HDR Engineering, Inc., 2004 (Appendix E4 of the Spokane River UAA).
5 Capital costs provided by Bruce Rawls, Spokane County Utilities Director. These capital costs are for an
8 million gallons per day (MGD) plant and include, for the land application and RO alternatives, costs for a facility
plan amendment and an environmental assessment.
Household Cost Impact:
The first level of measurement analyzed a household's ability to pay. This is measured by the
annual household's sewer cost as a percentage of median household income (MHI) and is referred to as
the residential indicator. Other measures included an examination of unemployment rates, poverty
levels, and the financial capacity of the City and the County. Residential indicators were calculated for
the City and the County for each of the treatment alternatives. Under EPA guidelines, a residential
indicator of
• Less than 1.0 percent of MHI is considered a low financial impact
• Between 1.0 and 2.0 percent of MHI is considered a mid -range financial impact
• Greater than 2.0 percent of MHI is considered a high financial impact
Ecology, by comparison, defines financial hardship as when the financial indicator for an individual
community is greater than 1.5 percent of MHI (Ecology, 2004i).
Currently, the City and the County have residential indicators of 0.8 percent and 1.8 percent,
respectively. At their current levels, the existing sewer rates for the City are considered within the
affordable range. Under Ecology's guideline (2004i), the County would currently meet the criterion
for financial hardship based on its residential indicator.
50489308.02 -13-
PROPOSED LANGUAGE FOR i ENDMENT TO WAC 173 -201A -600, TABLE 601, . .D WAC 173-201A-602, TABLE 602
Implementation of the alternatives results in the following household cost impact based on the
residential indictor:
Annual Average Sewer Bill as a Percent of MHI (Residential Indicator) after Implementabon of Proposed Alternatives
3 4%
32%
3.0%
2.8%
2.6% ----
2.4% — -
22%
2.0% --
1.8%
1 6%
1 4%
0.4%
02%
0.0%
20%
2
0.8%
50489308.02 - 14 -
1.36
2.4%
31S
1.0%
Spokane Courirt. Spokane County- Spokane County- Spokane County- City of Spokane- Oty of Spokane- ON of Spokane - Qty of Spokane- Average- Current
Current Rtrabor Land App RO Garrett Fitratiar. Land App tom'
The City's residential indicator increases from 0.8 percent under current conditions to 2.4 percent
under the land application alternative and 3.1 percent under the RO alternative. The County's
residential indicator increases from 1.8 percent under current conditions to 2.0 percent under the land
application alternative and 2.4 percent under the RO alternative. In other words, based on the
residential indicator, neither the City nor the County can affordably implement either the land
application alternative or the RO alternative. Further refinement of this assessment would not appear
to produce any different outcomes.
Efficiency of the Treatment Alternatives:
The economic assessment evaluated the efficiency of the alternatives based on the cost of
removing additional amounts of phosphorus for each treatment alternative. Filtration is expected to
remove approximately 95 percent of the TP at a capital cost of $165 million. Land application and RO
would have capital costs of $566 million and $750 million, respectively, and would remove 99 percent
of TP from the Spokane River.
The following graph illustrates the decreasing efficiency in reducing TP beyond the 95 percent
removal level.
PROPOSED LANGUAGE FOR A. DM ENT TO WAC 173 -201A -600, TABLE 600 A 'AC 173 -201 A -602, TABLE 602
Percent of Total Phosphorous Removed from the Spokane River over Baseline Conditions
— $900
$800
a, $700
N S600
ca
S500
N $400
$300
U S200 -
To
N $100
$0
Percent of TP Removed (kg) over Baseline
50489308.02 -15-
Land Application
Filtration
RO •
0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
Note: The capital cost of the land application altemative could range from $566 million to $688 million, depending on whether
leaching of salts would be permitted. This assessment has used the lower range of these estimates to demonstrate the
impact of these capital costs on sewer rates and median household income.
A similar assessment was performed for increasing levels of DO achieved for each treatment
alternative. The percent improvement of DO over baseline for each alternative was evaluated. The
capital cost for each alternative was included to indicate the efficiency of each alternative. For
example, the metalimnion zone in Long Lake Reservoir experienced improved levels of DO under the
filtration and land application/R0 alternatives of 1 percent and 4 percent, respectively.
( ,
PROPOSED LANGUAGE FOR EN DMENT TO W AC 173 -201 A -600. TABLE 60t. ..D WAC 173-201A-602, TABLE 602
Percent Improvement of Dissolved Oxygen over Baseline by Alternative
$900
$800
C $700
E 5600
w
- • $500
y
0 $400
= • $300
to
$200
$100
$0
50489308.02 -16-
t Metahmnion
Upper
Hypolimnion
me— Lower
Hypolimmon
Percent Improvement of DO Over
Note: The capital cost of the land application altemative could range from $566 to $688 million, depending on whether
leaching of salts would be permitted. This assessment has used the lower range of these estimates to demonstrate the
impact of these capital costs on sewer rates and median household income.
The assessment of DO improvements shows that point source reductions beyond 95 percent
removal of TP do not significantly increase DO levels in the reservoir. Nonpoint, internal
recirculation, and natural sources of TP are the dominating factors related to existing DO levels. Even
if 100 percent of TP removal was achieved via any of the proposed alternatives, the DO levels in the
reservoir would still not meet the Washington surface water quality standard of 8.0 mg/L proposed by
Ecology (2004e). In addition, neither the land application alternative nor the RO alternative would
significantly improve the DO levels beyond filtration technologies. It would be an inefficient use of
public resources to require the City and the County to spend the additional hundreds of millions of
dollars to implement land application or RO facilities while not achieving significant marginal benefits
over the least -cost alternative. In addition, land application of effluent would likely cause a decrease in
summer river flows and could potentially reduce the DO levels in the reservoir.
Economic Assessment Conclusions:
The following conclusions can be derived from the economic assessment:
• The final filtration, land application, and RO alternatives achieve nearly the same results in DO
improvement in Long Lake Reservoir, indicating that other sources (including nonpoint and natural
sources) are significant contributors to current levels of DO.
• The land application and RO alternatives cost considerably more than the final filtration alternative
and place a high financial burden on the ratepayers of the City, the County, and other dischargers,
exceeding accepted measures of affordability.
• The land application alternative is not significantly more effective in mitigating DO, yet it is far
more expensive than final filtration.
Osmosis
Reverse Osmosis
'
Land Application
Land Application
1
il
Filtration
Filtration
I
0 5 10 15 20
25
30
35
40 45 50 55 60
65
70
75
80
65
90
95
10
( ,
PROPOSED LANGUAGE FOR EN DMENT TO W AC 173 -201 A -600. TABLE 60t. ..D WAC 173-201A-602, TABLE 602
Percent Improvement of Dissolved Oxygen over Baseline by Alternative
$900
$800
C $700
E 5600
w
- • $500
y
0 $400
= • $300
to
$200
$100
$0
50489308.02 -16-
t Metahmnion
Upper
Hypolimnion
me— Lower
Hypolimmon
Percent Improvement of DO Over
Note: The capital cost of the land application altemative could range from $566 to $688 million, depending on whether
leaching of salts would be permitted. This assessment has used the lower range of these estimates to demonstrate the
impact of these capital costs on sewer rates and median household income.
The assessment of DO improvements shows that point source reductions beyond 95 percent
removal of TP do not significantly increase DO levels in the reservoir. Nonpoint, internal
recirculation, and natural sources of TP are the dominating factors related to existing DO levels. Even
if 100 percent of TP removal was achieved via any of the proposed alternatives, the DO levels in the
reservoir would still not meet the Washington surface water quality standard of 8.0 mg/L proposed by
Ecology (2004e). In addition, neither the land application alternative nor the RO alternative would
significantly improve the DO levels beyond filtration technologies. It would be an inefficient use of
public resources to require the City and the County to spend the additional hundreds of millions of
dollars to implement land application or RO facilities while not achieving significant marginal benefits
over the least -cost alternative. In addition, land application of effluent would likely cause a decrease in
summer river flows and could potentially reduce the DO levels in the reservoir.
Economic Assessment Conclusions:
The following conclusions can be derived from the economic assessment:
• The final filtration, land application, and RO alternatives achieve nearly the same results in DO
improvement in Long Lake Reservoir, indicating that other sources (including nonpoint and natural
sources) are significant contributors to current levels of DO.
• The land application and RO alternatives cost considerably more than the final filtration alternative
and place a high financial burden on the ratepayers of the City, the County, and other dischargers,
exceeding accepted measures of affordability.
• The land application alternative is not significantly more effective in mitigating DO, yet it is far
more expensive than final filtration.
PROPOSED LANGUAGE FOR A. DMENT TO WAC 173 -201 A -600, TABLE 600 SVAC 173-201A-602, TABLE 602
• Implementing either the land application alternative or the RO alternative would not be an effective
or efficient use of resources.
Conclusion
The Spokane River UAA report demonstrates that establishing subcategories of uses and
criteria specific to the Spokane River, which are protective of existing and attainable uses, can be
achieved with the next level of treatment and reasonable levels of nonpoint source control. Therefore,
the Spokane River uses subcategories and criteria associated with those uses should be designated
through amendment of Washington's surface water quality standard set forth at WAC 173 -201A -600,
Table 600 and WAC 173-201A-602, Table 602.
The Spokane River UAA implementation plan is an affordable plan and achieves appropriate
levels of protection of existing and affordable uses, even under the severe 2001 low -flow conditions.
The plan provides for the improvement of water quality downstream. Initial investigations of aeration
in the reservoir suggest that aeration, when used in conjunction with filtration, could provide
significant benefits to the DO levels in the reservoir and should be investigated further.
The current rule (WAC 173-201A-600, Table 600 and WAC 173 -201 A -602, Table 602) does
not do what it was intended to do because it does not protect actual existing or attainable uses. As set
forth in the Spokane River UAA report, without the amendment to the rule, the City and the County
will be forced to incur economic hardship complying with the TMDL, which is based on a surface
water quality standard that protects uses that are neither existing nor attainable.
50489308.02 -17-
1